November 1 7

, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Sandman Enterprises f or

an Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012

Director: Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Sandman Enterprises ( Sandman ) hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below to allow commercial operation of small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or "UAS") for the purpose o f conducting aerial photography

, videography

, c inematography , inspection and mapping for the motion picture, telev ision

, real estate, and web industr ies

.

This petition for exemption is made based on information outlined in this Petition for Exemption, as well as the accompanying Sandman documents;

1. PIC Flight Operations Manual and;

2. Operations Manuals (C ollect ively 2 and 3 are referred to as Documents & Manuals")

3. User Guide and;

4. Flight Manual 1 (Collectively 3 and 4 are referred to as "Manufacturer's Manuals")

Sandman submits these supporting materials as confidential documents pursuant to 14 C .F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary information that

Sandman has not and will not share with other requesting parties. Additionally, these d ocuments contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et. seq. 

### NOTE:

ALL ATTACHMENTS SET FORTH IN SUPPORT OF THIS LETTER OF

PETITION ARE CONFIDENTIAL AND SHALL NOT BE RELEASED TO THE

PUBLIC W ITHOUT WRITTEN AUTHORIZATION FROM THE PETITIONER.

For your convenience, this Petition is organized as follows:

1 . The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited

to: op erations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service
information letters and, safety/service bulletins

.U.S Department of Transportation

November 1 7 , 2015 Page 2

I. Description of Petitioner

II. Description of Proposed Operations

A. Aerial Videography

, Photography

, Cinematography , I nspection and Mapping

III. Relev ant Statutory Authority

IV. Sandman ’s Proposed UAS Operations Meet the Requirements of

Section 3 33 of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restr ictions Set Forth in the Operations Manuals

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C. 14 C.F. R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pi lot Privileges and Limitations

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.1 03: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

K. 14 C.F.R. § 91.121: Altimeter Settings

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

V1. Drug and Alcohol Program

VII

. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion

I. DESCRIPTION OF PETITIONER

Sandman is based in Playa Vista

, CA and provides aerial videography

, photography

, cinematography , inspection and mapping to their client base. The Company’s Principal and

Chief Pilot Bry T. Sanders has been flying UAV Quadcopters as a hobby for more than twoU.S Department of Transportation

November 1 7 , 2015 Page 3

year s without incident, spen d ing hundreds of hours flying

. Upon the grant of the 333 Exemption the Company’s business will continue to speci alize in photo g raphy

, videography

, cinematography, inspection and mapping for the motion picture, television, real estate, and web

industries

.

Sandman ’s staff are well trained and experienced in providing support as visual observers (“VO”) for the pilot in command (“PIC”) in addition to any other needed on site assistance

.
All of the equipment owned by Sandman is of the highest quality gear and ha s been able to provide these services safely and without any claims or incident

. Sandman ’s goal is to advise the perspective client that Sandman is following all the applicable state and federal rules to ensure the safety of the public while providing the client with a competitive and cost effective product.

Sandman seeks an exemption to allow for photography, videography , cinematography, mapping and inspection and other related media products.

The contact information for Petitioner is as follows:

Bry T. Sanders Sandman Enterprises 7100 Playa Vista Dr. #422 Playa Vista, CA 90094

Phone: 323.547.3049

Email: bry tlights@gmail.com

II. DESCRIPTION OF PROPOSED OPERATION

Sandman seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI Inspire (referred to SE

- UAS ) (under 55lbs) for the proposed operations discussed herein below. All UAS opera tions will occur under tightly controlled conditions on private property or approved location where Sandman has received verifiable permission to operate from the landowner, controller or authorized representative. The proposed UAS operations will be

condu cted in accordance with the conditions and limitations of this Petition for Exemption and

Sandman ’s Operations Manuals. As detailed in Sandman ’s Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within visual line

- of

- sight ("VLOS") of the operator, in uncontrolled airsp ace, and will occur at least 5 n m away from an airport reference point

. Moreover, Sandman ’s Operations Manuals incorporate redundant safeguards to

assure the aircraft does not travel outside the controlled are a of UAS operations, including GPS "geo

- fencing" technologies.

A. Aerial Videography, Photography, Cinematography, inspection and Mapping

Sandman seeks to use small SE

- UAS for the purpose of conducting aerial photography,

video g raphy

, cinematography , inspec tion and mapping for the film, television, real estate, and

web industries

. Sandman has purposefully tailored its operations to meet the requirements established by the FAA in prior grants of exem p tion authorizing commercial use of UAS in the

relevant ind ustries , including :U.S Department of Transportation

November 1 7 , 2015 Page 4

• Astraeus Aerial (Exemption No. 11062)

• Aerial MOB, LLC (Exemption No. 11066)

• Pictorvision, Inc. (Exemption No. 11067)

• HeliVideo Productions, LLC (Exemption No. 11065)

• Snaproll Media, LLC (Exemption No. 11063)

• RC Pro Productions Consultin g, LLC d/b/a Vortex Aerial (Exemption No. 11064)

• Flying

- Cam, LLC (Exemption No. 11080)

• Aerocine, LLC (Exemption No. 11150)

• Team 5, LLC (Exemption No. 11158)

• Alan D. Purwin (Exemption No. 11161)

• Helinet Aviation Services, LLC (Exemption No. 11160)

• Picture F actory, Inc. (Exemption No. 11178)

• Trudeau, Realtor® (Exemption No. 11138)

• Alon Sicherman (Exemption No. 11728)

• Sokoler Medly (Exemption No. 11341)

All UAS photography

, videography

, cinematography , inspection and mapping operations will occur on private property or approved location in a controlled area away from spectators and persons not involved in the recording process . In addition, the filming will be conducted between dawn and dusk to ensure maximum safety for the public and those involved in the ma nipulation and operation of the UAS ; VFR conditions, at altitudes below 400' above ground level (“AGL”).

As set forth below, Sandman ’s operations provide an equivalent level of safety which is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

Small UAS recording operations is also safer than traditional manned aircraft perfor m ing the

same function. Videographer

- inspectors also frequently need to climb roof tops

, ladders, trees, or otherwise perform elevated work, which exposes them to the risk of dangerous falls,

ele c trocution or other work related injuries . In addition, depending on the nature of the video needed and inspection, proximity to equipment, and other mechanical hazards associated with

industrial sites and construction facilities often involves a risk of exposure to hazardous

cond i tions . The use of SE

- UAS mitigates these hazards and is ultimately a much safer and cost

e f

ficient method of performing these and most other types of recording operations.

M oreover, c onventional operations using rotorcraft and fixed

- wing aircraft in low level operations present risks associated with vehicles weighing tens of thousands of pounds (including payload) and carrying large amounts of fuel which inherently presents s ignificant fire hazards as well as exposure to other chemical contaminates

. It is important to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser of the service , but the quality and e xpanse of acquired information will be far more robust given the low cost associated with its acquisition and other potential consumers an inexpensive product

.

UAS video production is more reliable, and allows for the collection, dissemination, and stora ge of visual and other sensory data with greater precision and duration at a very low cost . Small UAS will also be capable of accessing and inspecting areas that would otherwise be inaccessible or highly dangerous using conventional aircraft or other insp ection methods.U.S Department of Transportation

November 1 7 , 2015 Page 5

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the inte gration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit

u nmanned aircraft systems to operate in the National Air s pace Systems ("NAS") where it is safe

to d o so b ased on the following considerations:

● The UAS's size, weight, speed and operational capability;

● Operation of the UAS in close proximity to airports and populated areas; and

● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has gene ral authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 4 4701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or

how it w ould provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. SANDMAN ’S PROPOSED SE

- UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small SE

- UAS operations proposed by Sandman as noted above in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Sp eed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UAS s due to their size weight, speed, and operational capability.

• The SE

- UAS utilize d by Sandman ha s been approv ed for use in prior Section 333

Grants of Exemption from the FAA. 2

• The SE

- UAS weigh s less th an 55 pounds, including payload

2 See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of Exemp tion to VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to LowCountryRC, Corp. (Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption No. 11161); Grant of Exemption to Helinet Aviation Services (Exemption No. 11160); Grant of Exempt ion to Total Safety U.S., Inc. (Exemption No. 11156).

.U.S Department of Transportation

November 1 7 , 2015 Page 6

• The SE

- UAS will not be flown at a ground speed in excess of 50 knots. The exemption holder may use either groundspeed or calibrated airspeed to determine compliance wit h the 50 knot speed restriction

• Altitude information will be generated by equipment onboard the UA S as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be transmi tted to the pilot

via telemetric data feed.

• The SE

- UAS will have system redundancies and independent functionality to ensure the overall safety and predictability of the system. If connection to the remote control or ground control station is lost, failsa fe systems will permit the UAS to return to a predetermined location and safely land without injury or damage.

• The radio frequencies used for operations and control of the SE

- UAS comply with the Federal Communications Commission ("FCC") and other appropri ate government oversight agency requirements. T he operating frequency for the SE

- UAS is 2.4 GHz frequency bands.

If the same operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pounds depending on payload . The difference in weight between the SE

UAS and a helicopter significantly reduces the potential harm to the participating and non

participating individuals and/ or surrounding property in the event of an unintended accident or incident. In addition, the risk to the onboard pilot and camera operator is eliminated.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in

Sandman ’s Operations Manuals

Operations Manuals and the Manufacturer's Manual for the selected SE

- UAS will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety assessment of Sandman ’s proposed operations, below is a summary of operational limita tions and conditions that Sandman will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The SE

- UAS weighs less than 55 pounds, with payload

.

2. All operations shall be cond ucted over private or controlled

- access property with verifiable permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained

for each scheduled flight prior to operation

.

3. All UAS operated under the Grant of Exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.U.S Department of Transportation

November 1 7 , 2015 Page 7

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

- in Command ("PIC") of the GUN

- UAS , and one or more Visual Observers ("Observer") as necessary to safely conduct the mission.

5. PICs shall possess either a pri vate, recreational, or sport pilot certificate. The PIC

must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate

.

6. The SE

- UAS shall be operated within VLOS of the PIC and Observer at all times.

The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all times.

8. Electronic messaging or textin g will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to

the Sandman ’s Operations Manuals. The Operations Manuals will be maintained and made available to the Administrator upon r equest. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and Sandman ’s Operations

M anuals, the conditions and limitations in the Grant of Exemption shall take precedence and must be followed. Otherwise, Sandman shal l follow the procedures outlined in their Operations Manuals.

10. Sandman may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided to the Administrator upon request.

Sandman will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or revision would

a f

fect the basis upon which the FAA grants the exemption, Sandman will seek an amendment to its Grant of Exemption. Sandman will contact the FAA’s UAS Integr a tion Office (AFS

- 80) if questions arise regarding updates or revisions to the

ope r ating documents.

11. Sandman Operations Manuals and its Grant of Exemption will be available to the PIC at the ground control station anytime the SE

- UAS is operating.

12. The PIC is prohibited from beginning a SE

- UAS flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the SE

- UAS will be

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%, whichever occurs first.U.S Department of Transportation

November 1 7 , 2015 Page 8

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace without timely prior written authorization and approval from the FAA. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and no more than 50 feet horizontally from the structure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (pe rsons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. T he operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it doe s not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

16. The SE

- UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

17. The SE

- UAS may not operate within 5 nm of an airport reference point as denoted on

a current FAA

- published aeronautical chart unless a letter of agreement with that

ai rport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the Sandman COA. The letter of agreement with the airport management will be made available to the Administrator upon request.

18. Prior to each flight t he PIC shall inspect the SE

- UAS to confirm that it is in a condition safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operati ng documents as well as equipment updates . The PIC shall not
operate any SE

- UAS if the inspection reveals a condition that affects the safe operation of the SE

- UAS until the necessary maintenance has been performed and the

SE

- UAS is found to be in a condit ion for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations must be properly documented in the UAS ’s records as required by Sandman ’s Operations

Manuals.

19. Sandman will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection,

and alterations will be fully noted in the SE

- UAS records, including total time inU.S Department of Transportation

November 1 7 , 2015 Page 9

service, description of work accomplished, dat e completed and the signature of the authorized person returning the SE

- UAS to service.

20. Any SE

- UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement of a flight critical component)

mus t timely undergo a functional test flight in accordance with Sandman ’s Operations Manuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional

test f light and SE

- UAS record entry shall be included in the Sandman ’s Operations

Manuals.

21. The SE

- UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins and product updates

.

22. Prior to t he operation, a Mission Packet will be created in accordance with the requirements on Sandman ’s Operations Manuals.

23. Sandman will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to c onducting any operations under this Grant of Exemption. A NOTAM will be issued as required by the COA. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

25. If the SE

- UAS loses communication wi th the PIC , it will have the capability to safely
return to a pre

- determined location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the PIC and the Ob server.

27. The SE

- UAS will have the capability to safely abort flight in the case of unpredicted obstacles or emergencies.

28. PICs and Observers will have at least a curren t Class III Medical Certificate or a valid

and current state driver’s license issued wit hin the United States

.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS

p i lot with a similar SE

- UAS type platform

. This requirement can be achieved by flights conducted and logged as a hobbyist

.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in a manner consistent w ith 14 CFR § 61.51(b) , a minimum of hours pursuant to 54U.S Department of Transportation

November 1 7 , 2015 Page 10

CFR § 61.51(b) as UAS pilot operating the make and model of SE

- UAS to be utilized for operations under the exemption and three take

- offs and three landing in the preceding 90 days.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted.

32. The SE

- UAS shall remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

33. SE

- UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. T he UAS will not be operated from an elevated platform u nless designed and engineered specifically for such purposes and be in compliance with the general restrictions imposed by the applicable regulations . Additionally no PIC will provide any film

- flight operations while in motion from atop any elevated platfo rm vehicle or

device.

35. Before conducting operations, the radio frequency spectrum used for operation and

control of the SE

- UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

V

. REGULATIONS FROM WHICH EXEMPTION IS REQ UESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 3

Sandman seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal Regulatio ns ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using SE

- UAS platforms noted above . Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and

safe guards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 4

3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provi d ed by the rule from which you seek exemption.U.S Department of Transportation

November 1 7 , 2015 Page 11

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. §91.203(a)(1 )

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met and in point of fact

exceeded

, and therefore no exemption is needed. 5 If, however, the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent L evel of Safety

Sandman ’s use of the SE

- UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description of proposed operations in Section IV(A),

the SE

- UAS weigh s less than 55 poun ds , including payl oad and will not be flown at a ground speed in excess of 50 knots. The SE

- UAS is also equipped with safety features which will allow Petitioner to operate the SE

- UAS safely after experienc ing certain in

- flight contingencies or

failures as noted below

. 6 7

Additionally, the SE

- UAS carr ies neither pilots nor passengers, carr ies no explosive materials or flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive and operate exclusively within the parameters stated in Sandma n ’s Operations Manuals

.

5 See Gr ant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).

6 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight m aneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation."

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA

- 2014

- 0382 at pgs. 4

- 5): "The SE

- UAS can be operated entirely by a touch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The SE

- UAS can be operated in both s emi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre

- planned flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system

cannot enter areas de emed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built

- in intelligent fault handling which allows the SE

- UAS to detect a system fault while in the air and automatically fly

back to its takeoff location and land. Faults that can be detected include: loss of communication; exceeding pre

- set wind thresholds; and low battery levels.

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensur e stability so long as wind thresholds are not exceeded. Also a flight termination link

– to prevent a 'fly away' or other potentially dangerous situation

– is available to the operator."U.S Department of Transportation

November 1 7 , 2015 Page 12

Operations conducted under this exemption will be closely controlled and monitored by the PIC operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. Sandma n will also provide the FAA with advance notice of all operations via NOTAMs as required by the applicable COA. In all cases, operation of the SE

UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operatin g with an airworthiness certificate

. Lastly, the SE

- UAS do not need a means to communicate with other aircraft or ATC, because those capabilities will be solely possessed by the PIC and Observer, who are not onboard the SE

- UAS

. 8 In addition, no sense

- and

- avoid technology is necessary for the SE

- UAS because they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator

. 9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth t he procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that Sandman ’s small SE

- UAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness

standards f or the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart H, supra

.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Sandman seeks an exemption from the aircraft marking an d identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45. 23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the oper ator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applica ble.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).

9 . IdU.S Department of Transportation

November 1 7 , 2015 Page 13

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA d etermined that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

Equivalent Level of Safety

Al l SE

- UAS flown by Sandman will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Sandman seeks a n exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a) (1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F .R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS platforms to be operated under this grant of exemption will not have

. ( Emphasis added)

Equivalent Le vel of Safety

An equivalent level of safety will be achieved or exceeded because maintenance and inspections

will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as requi red by Sandman ’s Operations Manuals, the PIC will conduct a pre

- flight inspection of the SE

- UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the SE

UAS and no flights will occur unless, and until, all flight critical components of the SE

- UAS have been found to be airworthy and in a condition safe for operation. A functional test flight

will be conducted following the replacement of any flight

- critical components. As required by

Sandman ’s Operations Manuals, the PIC who conducts the functional test flight will make an entry in the SE

- UAS aircraft records of the flight.

Sandman ’s Operations Manual also inc ludes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics

and control su rfaces (including ailerons/elevons), structures & airframe, camera system,

10

. FAA Docket No. FAA

- 2014

- 0352.

11

. See, e.g., FAA D ocket No. FAA

- 2014

- 0352, at 14.U.S Department of Transportation

November 1 7 , 2015 Page 14

electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Sandman ’s Operations Manuals also include procedures to document and

maintain a record of the SE

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the SE

- UAS used under this Grant of Exemption. As a whole, the maintenance and inspectio n procedures required in

Sandman ’s Operations Manuals ensure that an equivalent or higher level of safety will be

achieved.

PILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Sandman seeks exemption from 14 CFR § 61. 113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspa ce in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the SE

- UAS will be operated as part of a commercial oper ation, they carr y neither passengers nor c argo. In the Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al cost and restrictions attendant with requiring the PIC to have a Commerci al Pilot Certificate and Class II I Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

Equi valent Level of Safety

The restrictions Sandman has placed on its SE

- UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Sandman will operate on private property or approved

location away from persons and property not invo lved in the operation. Sandman will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace , altitude level and potential transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, Sandman will further ensure safe operation by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects of SE

- UAS flight. As set forth in the Operations Manuals, pilots will have experience not only in SE

- UAS operations generally but have logged fl ight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of Sandman . The pilot qualification, training, and currency requirements in the Operations Manuals ensure that Sandman pilots are competent and proficient in the SE

- UAS they are operating. Sandman ’s training and qualification requirements are consistent with those contained in prior FAA Section 333 Grants of Exemption, and will provide a higher level of competency and pro ficiency for its pilots and will ensure at least an equivalent level of safety to the public

.

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).U.S Department of Transportation

November 1 7 , 2015 Page 15

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

I nasmuch as there will be no airworthiness certificate issued for the UAS, Sa ndman seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are wa ived or found inapplicable. 13 Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with

Section V( A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): C arrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b) (2) and § 91.203(a) and (b) require the operator to carry airworthiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b) (2):

(b) N o person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approv ed manual material, markings, and placards, or any combination

thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entra nce so that it is legible to passengers or crew.

Given the small size and configuration of the SE

- UAS , it would be impossible to keep

airworthiness documents and other aircraft manuals on board the SE

- UAS because there is simply no room and the SE

- UAS has no cabin or cockpit. As a way to comply with the code

Sandman will maintain the documents with the PIC and make them available for inspection.

Equivalent Level of Safety

13 See Id. at 13

- 14, 22.U.S Department of Transportation

November 1 7 , 2015 Page 1 6

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents fro m the ground control station from which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent l evel of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

Sandman seeks an exemption from 14 C.F.R. § 91.103, whi ch requires a PIC to become familiar with specific information before each flight, including information contained in the FAA

approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA

approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Sandman ’s Operations Manuals

and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance with the Sandman ’s Operations Manuals, including checklists covering Pre

- Flight, Launch, Landing, and Post

- Flight procedures. The PIC

will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight.

Sandman ’s Operations Manuals and the Manufacturer's Manual will be kept at the gr ound control station and will be accessible to the PIC at all times while operating the UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruction

Sandman seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may opera te a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flig ht control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

G iven the size and speed of the UASs that Sandman intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Sandman ’s Operations Manuals, all p ersons will be a safe

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for Internati onal Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S Department of Transportation

November 1 7 , 2015 Page 17

distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, as required by the Sandman ’s Operations Manuals, all flight training will be

conducted in controlled and sterile environment. A s a whole, the safety procedures provided for

in Sandman ’s Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety than that provided by the flight instruction regulations.

J. 14 C.F.R. § 91.119(c): Minim um Safe Altitudes

Sandman requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91. 119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and aw ay from any person, vessel, vehicle, or

structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed SE

- UAS operation will normally need to o c cur below 400 feet AGL. In circumstances where the SE

- UAS is used to inspect a structure whose height exceeds 400 feet AGL, the SE

- UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Add i tionally, due the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the SE

- UAS

.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum we ights

pr o posed herein, and given the lack of flammable fuel with the above noted UASs, any risk

assoc i ated with these operations is far less than those which presently exist with conventional

ai r craft. An equivalent level of safety will be achieved given t he size, weight, and speed of the

SE

- UAS , as well as the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspec t ing a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the SE

- UAS will be operated in a restricted area, and all flights will be opera ted at a lateral distance of at least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the SE

- UAS and any possible debris resulting from its failure. As required by the Operations Manuals, fli ghts will be terminated if a nonparticipating person within 500 feet of the SE

- UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller timely has granted pe rmission and the PIC has made a safety assessment of the risk of operating closer to those objects and, operations near the PIC or

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing

w ithout undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption N o. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA

- 2014

- 0534 at 15).U.S Department of Transportation

November 1 7 , 2015 Page 18

Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in

Sandman ’s Operations Manuals w ill ensure operations can be conducted without compromising public safety. 16

K. 14 C.F.R. § 91.121: Altimeter Settings

Sandman seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or fligh t level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Leve l of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or

below 17 , (2) within VLOS, (3) where GPS based altitude in formation is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18

The SE

- UAS that Sandman intends to use for the proposed operations will meet all these operational characteristics. Moreover, as required by Sandman ’s Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior

FAA Sect ion 333 Grants of Exemption, the SE

- UAS Sandman intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level of safety or greater level will be achieved, and a Grant of Exemption to the requ irements of § 191.121 is therefore appropriate

.

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Sandman requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in

VFR conditions. Section 91.151 states:

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): "If ba r riers or structures are present that can sufficiently protect nonparticipating persons fr om the UA or debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such protection. If a situation arises where nonpart icipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately. When conside r ing how to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In add i tion, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the

ow n er/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a

saf e ty assessment of the risk of operating closer to those objects and determines that it does not present an undue

ha z ard."

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be ope r ated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S Department of Transportation

November 1 7 , 2015 Page 19

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute batte ry reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not

Sandman ’s intention to fly the SE

- UAS at night.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), t he FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a SE

- UAS flight unless (considering wind and forecast weather conditions) there was enough po wer to fly to the first intended point of landing and, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteries for the SE

- UAS provide approximately 50 minutes of powe red flight (with payload) and provided battery level and battery time remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the SE

- UAS operating manual states: “start every flight with a fully charged battery in the aerial vehicle” , and

that in the event that the SE

- UAS should run low on power, the PIC will be alerted and can safely land the

- SE

- UAS as soon as possible. Like the VDOS Grant of Exemption, Sandman ’s

use of the SE

- UAS , combined with the requirements of Petitioner's Oper ations Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded

.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for f light in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditions), there was enough power to safely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. Sandman will adhere to this limitation for its SE

- UAS flights.

The SE

- UAS includes a low battery warning system and the amount of battery reserve power remaining is continuously transmitted to the PIC via tel emetric data feed, which downlinks from

the SE

- UAS to a ground

- based

- on

- screen display. 20 As required by Sandman ’s Operations Manuals, the PIC will promptly fly the SE

- UAS back to the home launch location or pre

det ermined abort location where it may safel y land, while still maintaining a minimum of 25% reserve battery power. Sandman submits that the procedures requiring flights to be safely

19

. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).

20 . T he SE

- UAS ground control station displays, the UASs position, navigation route, tail number, altitude,

hea d ing, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and

orie n tation relative to the UAS.U.S Department of Transportation

November 1 7 , 2015 Page 20

terminated once the batteries fall below 25% capacity, combined with the requirement that flights only be conducted w ithin a secure, isolated area, using a UAS weighing less than 5 5 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to the public to that provided by the regulations

f rom which exemption is sought

.

VI. DRUG AND ALCOHOL PROGRAM

Sandman will have policies in place to ensure that no person may participate in SE

- UAS flight operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The publ ic interest will be served by granting Sandman ’s Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform

Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaki ng.

The proposed SE

- UAS operations in this Petition for Exemption significantly improve s the safety and reduce s risk of harm, physical injury and property damage to the public at large, the property owners from whom permission was granted for use by Petit ioner and abutting properties, staff of Petitioner, unsuspecti n g passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity . Traditional methods of providing surveillance and mapping services location personn el to climb towers

, trees, venture onto precarious roofs and other dangerous scenarios

, perform elevated work for which the individual

is neither trained n or equipped to perform , which exposes them to unnecessary risk of serious physical injury from dange rous falls or other physical mishaps

. Moreover, inspectors/surv eyors are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense

situations and other hazards associated with identifying specific locations for potential re cording

sites to be used in the end product

. The use of small UAS can eliminate these hazards and ultimately creat e a much safer method of performing these types of inspections creating a safer environment for the public as well as Sandman employees.

The use of small UAS also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable

fue l, the UAS carry no passengers, crew or explosive fuel . Further more , i n the unlikely event of an accident, Sandman ’s small battery powered SE

- UAS presents significantly less danger to persons on the ground when compared to operations by conventional manned aircraft. 21 As

21 See Grant of Exemp tion No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): "Manned hel i copters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be r e motely located from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or acc i dent. R isk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming operation."U.S Department of Transportation

November 1 7 , 2015 Page 21

P etitioner's SE

- UAS are battery powered, the public wil l also benefit from a reduction in harmful petroleum based emissions associated with conventional aircraft performing in the same functions proposed herein. Air quality will naturally be improved with the reduction of fuel powered vehicles.

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UAS provide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater degree of flexibility, which supplements the current capabilities of fered by manned

aircraft. 22 The quality of the finished product is enhanced and provides a greater finished product demand which will aid the current UAS industry and provide additional jobs as the cost of providing the needed product is greatly reduced wh ile reducing the difficulty with which the finished product is created . The demand for the current industrial product is increasing and will continue to increase given the enhanced flexibility of production ; therefore, given the lower cost, owner/operator s and others in the relevant industry will be more inclined to utilize the services of

commercial UAS along with a n appropriate licensed PIC’s

.

VIII. PRIVACY

All SE

- UAS operations will be conducted in accordance with applicable federal, state, and loca l laws regarding privacy. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be o btained for each flight to be

conducted.

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an

exemp tion from the following rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1) ; 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general public, property owners and city structures from the substantial hazards associated with performing equivalent film w ork and aerial video production with conventional fixed

- wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

Sandman ’s Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform

Act of 2012 which includ es weight ; speed ; operating capabilities ; proximity to airports and populated areas ; operation within VLOS and national security. The proposed SE

- UAS operations

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18).