2 | Page Contact In formation

Urban Engineering

2725 Swantner Street

Corpus Christi, TX 78404

o Rhodes Urban

Office: 361

- 854

- 4187 Ext. 216

Cell: 361

- 549

- 8821

Email: chipu@urbaneng.com

o Larry Urban

Office: 361

- 854

- 4187 Ext. 213

Cell: 361

- 813

- 81483 | Page Intended UAS Use

To collect imagery and record video of client properties by the use of light weight

UAS including, but not limited to, the following areas of commerce:

o Site development

- Creating high resolution orthomosaic imagery of a property to aid engineers, develop ers, designers, and architects to evaluate the best way to develop a property and what potential effects said development might have.

o Topographic Surveys

- Using image

- derived point clouds to gather elevation data on a property in order to evaluate propos ed and existing drainage a nd utility plans. The UAS would allow for collecting data in areas that are difficult or dangerous for traditional ground crews to access , and would permit more efficient/safer data collection in extremely large areas.

o Site Inspections

– Using multi

- rotor UAS to perform safety inspections of sites including but not limited to, refineries, construction areas, power lines, and pipelines. The UAS would allow for more efficient and repeatable inspections and allow safer access t o inspect elevated structures on

- site.

o Agriculture Analysis

– Using various EMR band cameras to analyze agricultural sites for crop and soil health, in order to inform farmers about

where on their lands to focus their attention.4 | Page Requested Exemptions

Requesting specific exemption from:

Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 61.113(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a); 91.203(b); 91.405(a); 91.407(a); 91.409(a) (2); 91.417(a); 91.417(b)

Dear Sir or Madam:

Pursuant to Section 333 of FAA Modernization Act of 2012 and 14 CFR Part 11, Urban Engineering, an engineering and surveying firm equippe d to conduct aerial imagery and videography, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operations of its sUAS, so long as said operations are conducted within and under the conditions and

limi tations outlined herein or as may be established by the FAA as required by

Section 333.

As detailed in this document and the attached UAS Flight Manual s , the requested exemptions would permit the operation of UAS under controlled conditions in airspace tha t is limited, predetermined, and controlled access. The operation of the UAS would enhance the safety of the best practices safety protocols that are already followed by Urban Engineering at all of its clients’ sites . Approval of this exemption would there by 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.” (Sec. 333

– Reform Act)

Applicant:

Urban Engineering

2725 Swantn er Street, Corpus Christi, TX 78404

Rhodes Urban

Office: 361

- 854

- 4187 Ext. 216

Email: chipu@urbaneng.com5 | Page I. Statutory Authority For Exemptions

The Federal Aviation Act Expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined

under § 40101 of the Act, including UAS, from the requirement that all civil

aircraft must ha ve a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 USC § 44701 (f) See also 49 USC § 44711(a); 49 USC § 44704; 14 CFR § 91.203(a) (1).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may operate in the NAS without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must

consider:

- The UAS’s size, weight, speed, and operational capability;

- Whether the UAS operates within the visual line of sight of the operator

- Whether the UAS operate s outside of highly populated areas and away from close proximity to airports

Reform Act § 333(a): If the Secretary determines that a UAS “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” § 333(c).

Urban Engineering uses UAS that weigh under 10 lbs. including their payloads. They operate under normal conditions at a speed of no more than 50 knots. The UAS will only be operated in the Pilot i n Command’ s visual line of sight and will operate only within the recommendations described in the UAS’s respective flight manual. These operations will ensure that the UAS will “not create a hazard to users of the national airspace system or the public.” Reform Act Section 333(b).

Given the small sizes of the UAS involved and the restricted environments within

which the y will operate, our application fall s within the zone of safety in which Congress envisioned that the FAA must, by exemption, allow commerc ial operations of UAS to commence immediately. Given these same specifications and

the low altitudes at which the UAS will operate, approval of our application presents no national security risk. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, the grant of the requested6 | Page exemptions is in the publi c interest. As such, Urban Engineering respectfully request that the FAA grant the requested exemption without delay.

II. Public Interest

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the R eform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption the F AA will fulfill Congress’ intent of allowing UAS to operate with significant safety precautions in

low risk environments.

The use of UAS on a site significantly reduces the risk of falling and other injuries to workers. Falls are the leading source of workplace fatality and injury, and so use

of UAS could save lives.

UAS could also replace the use of manned aerial vehicles t o monitor sites, leading to greater safety due to their light weight s , small size , and lack of combustible fuel.

By using rechargeable lithium batteries, the UAS also reduces the environmental impact of data collection

.

III. Equivalent Level of Safety

Urban En gineering proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or higher level of safety to operations u nder the current regulatory structure as the proposed operations represent a safety enhancement to the protocols followed by operations conducted

with conventional aircraft.

Urban Engineering will be bound by the following limitations when conduction its

U AS operations under an FAA issued exemption:

1. The UAS will be less than 10 lbs.

2. Flights will be operated within V isual Line of Sight (VLOS) of the PIC.

3. Maximum operational flight time will be 30 minutes. As the UAS calculates battery power during the operation, it will return to its home station and land with at least 20% battery power remaining should this happen prior to the 30

minute limit.

4. Flights will be operated at an altitude of 400 ft. AGL or below

- never exceeding 400 ft. AGL

.7 | Page 5. The crew for ea ch operation will include a PIC, who will keep the UAS within VLOS at all times, and a Visual Observer (VO).

6. The UAS PIC will be trained in flight, operations, and safety procedures as

detailed in this document and the UAS manuals.

7. The UAS will only operate within confined areas as defined in this

document.

8. A briefing will be conducted concerning planned UAS operations prior to each day’s activities. All personnel working within the boundaries of the site will be present for these b riefings.

9. The PIC will be trained in the operation of the UAS and receive up to date information on the specific UAS to be operated as required by this

document.

10. Written and/or oral permission will be obtained from any relevant property

holders.

11. All requir ed permissions and permits will be obtained from relevant state, county, or city jurisdictions, including law enforcement, fire, or other appropriate agency.

12. If the UAS loses communication or GPS signal, it will be capable of returning to a predetermined l ocation within the Security Perimeter in order

to land.

IV. Description of Specific Regulations

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91203(a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203 (a) (1). Given the size and limited operating area associated with the UAS to be utilized by Urban Engineering, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC 44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. Urban Engineering’s sUAS will be operated at low speed in a controlled environment, at least five nautical miles from an y airport . These criteria demonstrate that a UAS without an airworthiness certificate, operating under the conditions proposed will be at least as safe, or safer, than conventional aircraft operating with an airworthiness certificate without the conditions proposed.8 | Page Urban Engineering UAS are less than 10 lbs. with payload, carry no passengers or pilot, carry no explosive materials or flammable liquid fuels, and operate only

within secured areas as described in this document and the UAS manuals. Operations un der this exemption will be tightly controlled and monitored by the operator according to this document and the UAS manual requirements, and under local public safety requirements, to provide security for the area of operation as is currently followed on ac tive construction sites. These safety enhancements, which already apply to civil aircraft operated in connection with construction sites, provide a greater degree of safety to the public and property owners than conventional operations conducted with airwo rthiness certificates issued under 14 CFR Part 2 Subpart H. Finally, the application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size speed, location of operation, and lack of explo sive flammable materials, and ability to carry an external payload no greater than two lbs.

14 CFR 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or light sport category aircraft to be marked with letters between two and six inches high “limited”, “restricted”, “light

- sport”, “experimental”, or “provisional” near each entrance to a cabin, cockpit, or pilot station. The UAS will have no entrance to the cabin, cockpit, or pilot station whe re these letters can be placed, and two inch lettering will not fit due to the UAS size. The word “Experimental” will be placed on the fuselage in compliance with § 45.29(f), providing the equivalent level of safety as the pilot, observer, and others workin g on the operation will be able to see the “Experimental” designation. The FAA has issued the following exemptions to this regulation: Exemption #s 10700, 10167, 10167A, and 8738.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: PIC

This regulation limit s private pilots to non

- commercial operations. Since the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the pilot operating the UAS to complete a 10 hour UAS fl ight training course before flying. The UAS is remotely controlled with no living thing or cargo on board. The area of operation is controlled and restricted, and all flights are planned and coordinated prior to operations as described in this document. Th e risks associated with UAS operation are so diminished from the level of risk associated with commercial operations anticipated by Part 1 when drafted, that allowing operations of the UAS as requested with a pilot who has met the minimum requirements of t his document exceeds the present level of safety achieved by 14 CFR § 61.113 (a) & (b).9 | Page 14 CFR 91.7 (a): Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Since there will be no airworthiness certificate issued for the UAS, providing this exemption is granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the UAS, the requirements of the UAV manuals for maintenance, and the use of saf ety checklists prior to each flight as described in this document, an equivalent level of safety will be provided.

14 CFR 91.9 (b) : Civil aircraft flight manual marking, and placard requirements

This regulation requires that a flight manual be kept inside the aircraft. Given its size, the UAS has no ability to carry a flight manual on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground

control point where the PIC will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption # 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 CFR 91.103: Preflight Action

This regu lation requires each pilot in command takes certain actions before flight to ensure the safety of the flight. An exemption is needed as the PIC will take separate preflight actions described in the Preflight Checklist in this document and the UAS manual, a s well as checking weather conditions and takeoff and landing distances. These measures will provide an equivalent level of safety.

14 CFR 91.109: Flight Instruction

This regulation requires that no person may operate a civil aircraft that is being

used for flight instruction unless that aircraft has fully functioning dual controls. The UAS are remotely piloted crafts that do not have fully functional dual controls. Flight control is achieved by a control box that communicates with the UAS by

radio commun ication. The size and speed of the UAS, the ability to control the unit by radio signals, and the lack of a pilot and passengers being carried in the UAS will provide the equivalent level of safety. The FAA has issued the following exemptions to this regul ation: Exemption # 5778K and 9862A.

14 CFR 91.119: Minimum Safe Altitudes

This regulation establishes safe altitudes for civil aircraft operation. The equivalent level of safety will be achieved due to the size, weight, speed, and operational

location of t he UAS. All individuals affected will be aware of planned operations due to the permissions needed as described by this document. The UAS will be10 | Page operated between 200 and 400 ft. AGL, never exceeding the 400 ft. and will be in a

restricted area with a Secu rity perimeter. Any risk with our UAS operations will be far less than aircraft weighing far more than 10 lbs. and carrying flammable fuels which are operating at or below 500 ft. AGL. Additionally, the low

- altitude operations of UAS will ensure separation between the UAS and conventional aircraft operation under Section 91.119.

14 CFR 91.121: Altimeter Settings

This regulation requires that a pilot operating an aircraft must maintain the cruising altitude or flight level of that aircraft by reference to an altimeter that is set. The UAS are not equipped with an altimeter, but use GPS altitudes. An equivalent level of safety will be achieved by the pilot, following the UAS manual and Safety Checklist, confirming the altitude of the launch site shown on the G PS altitude indicator before the flight commences.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

This regulation establishes fuel requirements for beginning a flight in VFR conditions. An exemption is needed due to the UAS having limited range and flight time in controlled environments. The 30 minute reserve requirement in 14

CFR 91.151 is not practic al due to the roughly 4 0 minutes of flight time that the UAS battery allows for. Operating the UAS in a controlled area with less than 30 minutes of reserve fuel, where only people with signed waivers will be allowed, does not present the type of risks tha t were anticipated by Section 91.151(a) considering the size and speed of the sUAS. Also, limiting flights to 10 minutes to keep a 30 minute fuel reserve would greatly diminish the utility of the UAS. An equivalent level of safety can be achieved by a maxi mum flight time of 30 minutes or enough battery reserve to ensure the UAS lands at the home station with at least 20% batter reserve (whichever happens first). This would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited VLOS operating area. The FAA has issued the following similar exemptions: Exemption # 2689F, 5745, 10673, and 10808.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

This regulation requires that a current airwort hiness certificate and registration be kept inside the aircraft. Given its size, the UAS has no ability to carry a certification or registration in the aircraft. An equivalent level of safety will be achieved by keeping these documents at the ground flight control point so the PIC will have immediate access to them, if applicable to the UAS. The FAA has issued the following exemptions to this regulation: Exemption # 9565, 9665, 9789,
9797A, 10700.11 | Page 14 CFR 91.405(a); 91. 407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b): Maintenance and Inspections

These regulations require that an aircraft owner or operator perform maintenance and inspections. These sections only apply to aircraft with an airworthiness certificate, and as such do not apply to Urban Engineering, pr ovided the airworthiness certificate exemption is granted. Maintenance and Inspections will be accomplished following the Safety checklist described in this document and according to the UAS manuals. The PIC will ensure the UAS is in working order prior to any flight operations. They will perform any required maintenance and keep a log of any maintenance performed. An equivalent level of safety will be achieved by following these guidelines and due to the size and weight of the UAS operating in restricted a reas for limited periods of time. The UAS can land immediately if mechanical issues arise, and will be operating at a ceiling of just

400 ft. AGL.12 | Page Aircraft Specifications

The equipment for which we are applying for exemption are the DJI Phantom 2, the senseFly eBee Ag, and the senseFly eXom.

DJI PHANTOM 2

Type: Quadcopter

Weight (w Payload ) : 1000g

Hover Accuracy (Ready to Fly) Vertical : ± 0.8m ; Horizontal : ± 2.5m

Max Yaw Angular Velocity : 200°/s

Max Ascent / Descent Speed : 6m/s

Max Flight Speed : 15m/s (Not Recommended)

Diagonal Length : 350mm

Flight Time : 25mins

Take

- off Weight : 1.3kg MAX

Supported Battery : DJI Intelligent Battery

senseFly eBee Ag

Type: Fixed

- Wing

Weight (w Payload ) : 0.71 kg (1.56 lbs. )

Wingspan: 96 cm (38 in)

Material : EPP foam, carbon structure & composite parts

Propulsion : Electric pusher propeller, 160 W brushless DC motor

Battery: 11.1 V, 2150 mAh

Maximum flight time : 45 minutes

Nominal cruise speed : 40

- 90 km/h (11

- 25 m/s or 25

- 56 mph)13 | Page senseFly eXom

Type : V

- shaped quadcopter

Engines: 4 electric brushless motors

Take

- off weight: 1.8 kg (3.9 lb. ) incl. battery, payload & shrouding

Flight time (full system): Up to 22 min

Max. Climb rate: 7 m/s (15 mph)

Max. Airspeed : Automatic flight: 8 m/s (18 mph) Manual flight:12 m/s (27 mph)

Autopilot & control: IMU, magnetometer, barometer & GPS

Materials: Composite body, mo lded carb on fiber arms and legs, precision

- molded magnesium frame, precision

- molded injected plastic

Operating temperature:

- 10 to 40o C ( 14o

- 104o F)

Battery: LiPo, 3 cell, 8500 mAh14 | Page Safety

Visual Line of Site : The UAS will always be within the VLOS of the PIC and the VO. If the UAS cannot be seen it will be given the command to return to “home” in order to regain visual contact.

Airports : There will be no flight within five nautical miles of an airport, unless explicit permission is granted according to current FAA regulations.

Weather : To ensure the safety of all personnel involved, UAS operations will be conducted only in optimal weather conditions. Flights will not be conducted in winds above 20 mph.

Hazards : To ensure safe operation, the PIC, VO, and another party on

- site will observe and review any possible hazards before and during the flight.

Return to Home : There i s an automated return to home feature in the software in which the UAS will return to the predetermined “home” in case of lost radio signal, low GPS coverage, or low battery.

Altitude : The UAS operations will not exceed 400 ft. AGL at any time.

Population : To ensure safety, all non

- essential personnel will be removed from the site prior to operations. No flights over heavily populated areas will be performed during normal operating hours.15 | Page Pilot Qualifications

The Pilot s in Charge for all operations will meet the requirements of FAA regulations and will maintain a minimum of a current Sport

- level pilot’s license.

o The PIC will be knowledgeable regarding current FAA regulations concerning UAS commercial use

o The PIC will have t he eye sight necessary to operate the UAS at distances necessary for the operation (without the aid of binoculars and with or without corrective lenses)

o The PIC will be in good health

o Pilots in training will observe the PIC and act as VO for a minimum of 20 flight hours prior to operating the UAS

o New pilots must demonstrate their knowledge of the UAS and its flight planning software as well as their knowledge of FAA regulations

o PICs will attend local courses provided by senseFly, Ltd (manufacturer) or

G 4 Spatial Technologies (certified vendor) as a part of continuing education

o PICs will adhere to the flight plans and schedules described in this document and follow all up

- to

- date FAA regulations

o PICs will kee p a flight log to complement UAS digital flight log