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October 16, 2015 U
.S. Department ofTransportation Docket Management System 1200 NewJersey Avenue, SE Washington, DC 20590 

## ENGINEERING 10710Gtlr."' R ,.,d 1/tml Vnllo'lf. MD 11031 443589 2<Ul0 443589 UOI fa,

Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11ofthe Federal Aviation Regulationsfrom 14 C.F
.R
. 45 .23(b);14 CFR Part 21 ; 14 CFR 61.113 (a) 

### & (b); 14 CFR 91.7 (a); 14 CFR 91.9(b) (2); 14 CFR 91.103(b); 14 CFR 91.119; 14 CFR 91 .121 ; 14 CFR 91.151(a) ; 14 CFR 91 .203(a) 

### & (b); 14CFR 91.405 (a); 14 CFR 91.407(a) (1) ; 14 CFR 91.409 (a) (2); 14 CFR 91.417 (a) 

### & (b)
. Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and R eform Act of2012 ("Reform Act") and 14 C.F
.R
. Pa rt 11 , Century Engineering, Inc
. seeks an exemption from the Federal Aviation Regulations (FARs) listed below: 14 CFR Part 21 14 C.F
.R
. 45.23(b) 14 CFR 61.113 (a) 

### & (b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 {b) {2) 14 C.F
.R
. 91 .103 14 C.F
. R
. 91.119 14 C.F
.R
. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) {1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) 

### & (b) This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act
. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users ofthe NAS orthe public or pose a threat to national secu rity in light ofthe following: Page 

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• The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator. Reform Act§ 333 (a). Lastly, ifthe Secretary determinesthat such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." ld. §333(c) (emphasis added) 2. 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 ofthe Act, that includes small Unmanned Aircraft Systems (11sUASs"), from the requirement that all civil aircraft must have a current airworthiness certificate
.. The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1)
.The requested exemptions would permit Century Engineering, Inc
.to fly sUASs while conducting business related to precision aerial surveying, construction observation/inspection, mining surveying/inspection, aerial photography, utility monitoring, agricultural monitoring and product demonstrations. The sUASs weigh less than 55 lbs., including payload, and operate at speeds less than 50 knots under normal operating conditions. The sUASs will operate only in visual line ofsite and will not create a hazard to users ofthe national airspace system orthe public
. Landowner permission will be secured for each location over which the sUAS's operate. Data collected with the sUASs will be used to develop maps, 3 dimensional models and aerial photographs. These products will be used as the basis for engineering design drawings, to provide progress reports and to demonstrate current conditions of land and buildings
.A sUASs provide a more efficient and safe means to collect precise land survey data than conventional survey techniques using the Global Positioning System or aerial photography collected from manned aircraft. Operators using a sUAS are able to collect a larger amount ofdata in a shorter amount oftime than with conventional survey techniques while employees remain in a fixed position ratherthan moving through safety hazards such as traffic or active construction equipment. Similarly, the use of asUAS allows the operator to collect aerial photography without putting a pilot at risk in an airplane operating on flammable fuels. The sUAS relies on battery power and is light enough to pose minimal threat to the general public
.There is no credible threatto national security posed by sUASs, due to their size, speed ofoperation, location ofoperation, lack of explosive materials orflammable liquid fuels, and inability to carry a substantial external load
. Century Engineering, Inc. will use DJI Phantom2 and DJI Phantom 3 Professional to collect aerial data
. Grant ofthe exemption for use ofsUASs by Century Engineering, Inc. will be subject to the following Page 

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**01** '"' mandatory conditions, which are based upon operating conditions set forth for operation ofsUASs by public entities pursuant to Certificates ofAuthorization, with additional restrictions: • All operations to occur in Class G airspace • Operations to be conducted over private or controlled-access property • Permission from land owner/controller required before commencing any flight • Operations to occur during Visual Flight Rules Meteorological Conditions (VMC} • Aircraft to remain within Visual Line ofSight (VLOS) • VLOS guaranteed with a cylinder ofoperation around operator of 1/2 nautical miles • Cylinder walls may be expanded by additional observer's • Operations to occur during daylight hours • Above Ground Level (AGL) altitude to be restricted to 400 feet • All operations conducted in vicinity ofairportto remain more than 2.5 NM from centerline azimuth of runway centerline measured from runway thresholds • 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 The following specific reasons for exemption are submitted: 1 4 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (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 aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level of safety under Part 11and Section 333 ofthe Reform Act
.The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness certificate 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 sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neithera pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within asecured area as set out in the sUAS User's Manual. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator, pursuant to the sUA$ Users Manual's requirements, and underthe requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional aircraft. These safety enhancements, which already apply to civil aircraft operated in connection with aerial crop scouting, provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Page 3 of8

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**ntt y**  MD 210ll 443 589uoo 44J 589 2401 ''" Part 21,Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threatto national security posed by the sUAS, due to its size, speed ofoperation, location ofoperation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: 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 operator 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," "lightsport," "experimental," or "provisional," as applicable
. Even though the sUASs will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed
. Given the size ofthe sUAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45
.29(f)
. The equivalent level ofsafety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the identification ofthe UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167 A
. 14C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and limitations: Pilot in Command. Sections 61.113 (a) 

### & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety of current operations by requiring the PIC operating the aircraft to hold either an airline transport, commercial, private, 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 ofColumbia, Puerto Rico, a territory, a possession, orthe Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 14C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition
. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the requirements contained in the sUAS User's Manual for maintenance and use ofsafety check lists priorto each flight, the sUAS will be reviewed for airworthiness prior to each flight. 14C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft
. Section 91.9 (b) (2) provides:

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**10~111** C.1l""' Rmd H11nl I "lkv . MD 210. 31 H l58q!400 4 43 5B9l.WI In' No person may operate a U.S.-registered civil aircraft
... for which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry such aflight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level ofsafety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607,8737,8738,9299,9299A,9565,956SB, 10167,10167A, 10602,32827, and 10700. 14 C
.F.R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided forthe aircraft an exemption will be needed. An equivalent level ofsafety will be provided as set forth in the sUAS User' s Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight. 14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopter to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA
. As this exemption includes a sUAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400' AGL, an exemption may be needed to allow such operations. As set forth herein, except forthe limited conditions stated in the DJI Phantom 2 or DJI Phantom 3 Professional User's Manual, the sUAS will never operate at higher than 400' AGL. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated
. No flight will be taken without the permission ofthe property owner. Because ofthe advance notice to the property owner and participants in the aerial activity, all affected individuals will be aware ofthe planned flight operations
. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum SSibs
. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. In addition, the low-altitude operations ofthe sUAS will ensure separation between these smaii-UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 

### 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set"
...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure
." As the sUASs may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the Page 5 of8

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**~CENTURY** ENGINEERING J0710G!Ir,n, Rc'lfld llunt Vnlh'Y. MD210. H 443.5891400 443 58'11401 '"' operator, pursuant to the Manual and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 1 4 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "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 afterthat for at least 45 minutes." The battery powering the sUAS provides approximately 25 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 20 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not endanger the type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe sUAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utilityfor which the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 25 minutes or 20% of battery power whichever happensfirst. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it the following: (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91
.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. (1) An appropriate and cu rrent airworthiness certificate.
The sUASsfully loaded weigh no more than 55 lbs. and operate without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto display them on the sUASs. Page 

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. Mn 2JO. ll 4435892400 H . l5892401 (a\ An equivalent level ofsafety will be achieved by keeping these documents at the ground control point where the pilot flying the sUA$ will have immediate accessto them, to the extent they are applicable to the sUA$. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700
. 14C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b) : Maintenance Inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter
.. .," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not apply to the applicant
. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the sUASs User's Manual. An equivalent level of safety will be achieved because these sUASs are very limited in size and will carry a small payload and for limited periods oftime
. Ifmechanical issues arise, the sUASs can land immediately and will be operating from no higher than 400 feet AGL. As provided in the sUASs User's Manual, the operator will ensure thatthe sUAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety
. Pursuant to 14 C.F
.R. Part 11, the following summary is provided for publication in the Federal Register, shou ld it be determined that publication is needed : Applicant seeks an exemption from the following rules: 14 C.F
. R. 45.23(b); 14 CFR Part 21 ; 14 CFR 61.113 (a) 

### & (b) ; 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR91.103(b); 14 CFR 91 . 119; 14 CFR 91.121; 14 CFR 91 .151(a); 14 CFR 91.203{a) 

### & (b); 14 CFR 91.405 (a); 14 CFR 91.407(a) {1); 14 CFR 91.409 (a) {2); 14 CFR 91.417 (a) 

### & (b) to operate commercially a small unmanned vehicle {551bs or less) for precision aerial surveying, construction observation/inspection, mining surveying/inspection, aerial photography, utility monitoring, agricultural monitoring and product demonstrations. Approval of exemptions allowing commercial operations ofsUASs in these industries will enhance safety by reducing risk. Conventional aircraft used for these purposes, operate via jet or piston power. Such aircraft must fly to and from the field location
. In contrast, a sUAS weighing fewer than 55 lbs
. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack of combustible fuel carried on board
.The sUAS is carried to the field location and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights
. The operation ofsmall UASs, weighting less than 55 lbs
., cond ucted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions Page 7 of8

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**~CENTURY** ENGINEERING !0710 Grlrl>1( Rr"d Hrrrrl Voll<'y. MD 21031 443.589 24 00 4 4J >8'1140/{o\ requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximityto the ground and people. Privacy All flights will occur over private property with the property owner's prior consent and knowledge
. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012--size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line ofsight and national security- provide more than adequate justification for the grant ofthe requested exemptions allowing commercial operation of applicant's sUASs in the real estate, construction, engineering and agricultural production industry pursuant to the sUASs User's Manual appended hereto. 

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m C. Greenhalgh CIO Vice President Century Engineering, Inc. 10710 Gilroy Road Hunt Valley, MD 21031 443.589.2400

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