June 24, 2015

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

Re : Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Mada m or Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Continental Mapping Consultants, Inc.

, (CMC) hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow c ommercial operation of its s mall unmanned aerial system (s UAS )

. Petitioner submits the supporting materials in Appendix A as confidential documents under 14 C.P.R. §11.35(b); as they contain confidential commercial and proprietary information that Petitioner has not and will not share with others

.

As described more fully below, the requested exemption would permit the operation of sUAS under

controlled conditions in airspace that is ; 1) limited

, 2) predetermined , and 3) would provide safety enhancements to the already safe operations in the aerial photogrammetry and mapping industry presently using conventional manned aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.”

The name and add ress of the applicant is:

Continental Mapping Consultants, Inc.

Attn: Paul Braun

Ph: 888.815.3327

Email: pbraun @continentalmapping.com

Address: 121 S. Bristol St., Suite 201, Sun Prairie, WI 53590

The Proposed Unmanned Aircraft System (UAS):

 A DJI Ph antom 2 and F550 multi

- rotor unmanned aerial vehicle s (the “proposed UAS”)

 An on

‐ board flight computer with GPS navigation and location ability that receives signals for flight controls from a ground

‐ based transmitter/controller;

 An on

‐ board camera capable of capturing imagery in the form of full color, high definition still photos and video

 An on

‐ board telemetry system that delivers flight data from the on

‐ board flight computer to

the on

‐ board radio transmitter including altitude AGL, horizontal and vertic al speed, compass direction of flight and direction back to its launch site

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end

and who controls the vehicle while in the air

 A radio transmitter/controller operated by the PIC to control the vehicle while in flight

 A g round s tation which receives real t ime system telemetry from the vehicle

 A Visual Observer (VO) is a person who provides a second pair of eyes to visually track

the vehicle while in flight. A Standard Operating Procedure (SOP) document which dictates best practices for

operators and visual observers to follow (see Appendix A).

 A Manufacturer’s Manual as provided by the UAS manufacturer (see Appendix B).

The applicant requests exemption from the followi ng FARs as provided in the Reform Act :

 14 CFR Part 21 Subpart H

 14 CFR 91.203 (a) (1)

 14 CFR 45.23 (b)

 14 CFR 61.113

 14 CFR 61.133

 14 CFR 61.23

 14 CFR 61.3 (c)

 14 CFR 91.7 (a)

 14 CFR 91.9 (b) (2)

 14 CFR 91.103 (b)

 14 CFR 91.105

 14 CFR 91.109

 14 CFR 91.119

 14 CFR 91.121

 14 CFR 91.151 (a)

 14 CFR 91.405 (a)

 14 CFR 407 (a) (1)

 14 CFR Subpart E (91.401

– 91.417)

I. The Extent of Relief Sought By Continental Mapping

Continental Mapping Consultants, Inc. requests an exemption from the following regulations as well

as any additional regulations that may technically apply to the operation of the s ystem:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates and 14 CFR § 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certific ates as required by FAR 91.203 ( a) (1). Given the size and limited operating area associated with the UA to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requi rements of an equivalent level of safety under Part 11 and Section 333 of

the FMRA. The Federal Aviation Act (49 U.S.C.44701 (f)) and Section 333 of the FMRA both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, u pon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UA. In all cases, an analysis of these criteria demonstrates that the UA operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UA t o be operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned and carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a limited flight area. Unlike other ci vil aircraft, operations under this exemption will be tightly controlled and monitored by the Operator and will also remain within the requirements of, and in compliance with, local public safety requirements. These safety enhancements, which already apply to civil aircraft provide a greater degree of safetyto the public and property owners than conventional operations conducted with airworthiness

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria

demonstrate s that there is no credible threat to national security posed by the UA due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.2 3 (b) Marking of the Aircraft

Respecting 14 CFR Part 45.23(b) Title 14 of the Code of Federal Regulations 45.22(d), Exhibition, antique, and other aircraft: Special Rules, permits persons to apply to the Administrator for a different marking procedure if it is impossible to mark an aircraft per §§45.21 and 45.23 through

45.33. CMC is requesting an alternate marking for the proposed UAS registration marks. The proposed UAS are a small Unmanned Aerial System s (sUAS) that cannot comply with the a ircraft marking standards per §§45.21 and 45.23 through 45.33. The achievement of equivalent level of safety for the proposed UAS as that it will be identified by serial number, registered and have identification (N

- Number) markings with markings as large as practicable per guidance of UAS Integration Office, AFS

- 80, minimum 1 inch tall on all four sides of the main body. The request was submitted on January 28, 2015.

14 C.F.R. § 61.113 and 61.133 : Private Pilot Privileges and Limitations; Pilot in Comman d;

Commercial Pilot Privileges and Limitations

Respecting 14 CFR 61.113 and 61.133 relief is requested since limitations state that a private pilot

may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. CMC proposes an equivalent level of safety in that a PIC with a private license will operate the sUAS for hire in the locations where a private license is sufficient (i.e. private property not in the vicinity of an airport) which may be the majority of the time, not just incidentally. The proficiency of the sUAS pilot with a private license

versus a commercia l license does not correlate with operating a sUAS in the NAS. CMC contends an equivalent level of safety will be maintained because no PIC will be allowed to operate the proposed UAS unless the PIC has demonstrated, through ongoing training and currency

r equirements that the PIC is able to safely operate in a manner consistent with applicable rules and operating criteria for that specific sUAS.

14. CFR §61.23 and 61.3 Medical certificates: Requirement and duration

Regulations provide that a person :

(1) Must hold a first

- class medical certificate:

 When exercising the pilot

- in

- command privileges of an airline transport pilot certificate;

 When exercising the second

- in

- command privileges of an airline transport pilot certificate in a flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or

 When serving as a required pilot flight crew member in an operation conducted under part 121 of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at l east a second class medical certificate when exercising:

 Second

- in

- command privileges of an airline transport pilot certificate in part 121 of this chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or Privileges of a commer cial pilot certificate

Given the size of the proposed UAS, their structure, the limited flight area, CMC believes that an

e quivalent level of s afety can be reached if the operator has a valid driver’s license.

14. CFR § 91.7 (a) and 91.9 (b) (2)

Respecting 14 CFR Part 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation does not apply.

Respecting 14 CFR Part 91.9(b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots on board, or passengers, and no cockpit, and given the size of the sUAS, this Regulation is

not applicable. To obtain an equivalent level of safety and meet the intent of 91.9, CMC propose s that a current, approved SOP (Appendix A) must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

The FAA has issued numerous exemptions to this regulation including : Exemption Nos. 8607,
8737, 87 38, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91. 103 (b) : Preflight action

.

Respecting 14 CFR Part 91.103 (b) prescribes that a pilot shall for any flight, become familiar with

runway lengths at airports of intended use, and takeoff and landing distance information. Reference Exemption No. 11138 for reason why exemption is pertinent

.

14 C.F.R. § 91. 105 : Flight crewmembers at stations

.

CMC requests an exemption not applicable due to the proposed UAS will not c arry flight

crewmembers

.

14 C.F.R. § 91.109

Respecting 14 CFR Part 91.109 Flight instruction; Simulated instrument flight and certain flight

t ests. Reference Exemption No. 11138 for reason why exemption is pertinent

.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas

, the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the proposed UAS wil l be operating

at a maximum of 5 00 feet AGL, CMC cannot comply with this requirement.

In order to provide an equivalent level of safety The UA will not be operated over congested areas

or over any open air assembly of persons with prior approval. Any property owner affected will be briefed on the expected route of flight and the associated risks to persons and property on the ground. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that

d ue to the small size of the UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.14 CFR 91.121

– Altimeter settings

Respecting 14 CFR Part 91.121 Altimeter Settings . BF&S will set the altimeter to zero feet AGL

rather than local barometric pressure or field altitude before flight.

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

Respecting 14 CFR Part 91.151(a) Fuel requirements for flight in VFR conditions. Prior UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR

conditions. To achieve an equivalent level of safety, CMC proposes flying the proposed UAS per the operating manual leaving ample power to safely conclude the flight with power remaining, even auto land when a low battery is detected.

14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Prevent at ive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condit ion, including compliance with P art s 39 and 43. Paragraphs 91.407 and 91.409 require the aircraft to be "approved for return to service by a person authorized under 43.7" aft er maintenance and inspection.

CMC proposes that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service based on the Standard Operating Procedures in Appendix A . In doing so , the PIC w ill ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, chec king electrical connections and updating software and firmware for the on

‐ board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We fe el that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

II. Why Granting Continental Mapping’s Request Is In the Public Interest Continental Mapping is a professional surveying and mapping company with 15 years of experience providing mapping products from manned aerial platforms. With safe and professional use of UAS, Continental Mapping will continue to be able to offer our clients better ways to su r vey and map their sites of interest.

III. C onclus ion As set forth above, Continental Mapping seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, which will permit safe operation of the sUAS commercially, without an airworthiness certific ate, for the special purpose of conducting

aerial mapping acquisitions. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing

the interests of the public, by allowing Continental Mapping to safely, efficiently, and economically operate the sUAS commercially.Appendix A: Standard Operator Procedure (SOP)

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