MAIN OFFICE (CENTRAL OHIO) AKRON/CANTON OFFICE EASTERN OHIO OFFICE

642 BROOKSE DGE BLVD ONE CANAL SQUARE PLAZA, STE. L103 530 EARLEY RIDGE ROAD WESTERVILLE, OHIO 43081 AKRON, OHIO 44308 NEW MATAMORAS, OHIO 45767

PHONE: 614.942.6040 PHONE: 330.376.9360 PHONE: 740.538.3648 September 23, 2015

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

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir/Madam,

This petition is being submitted on our own behalf without legal counsel or consulting services . Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part
11, Gandee Heydinger Group, LLC ( “GHG ”), an Ohio

- based registered civil engineering and land survey ing firm operating Small Unmanned Aircraft System s (sUAS) equipped to conduct aerial photogr aphy and survey for

var ious industries, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

The requested exemption would permit GHG to pursue its co mmercial interests in providing services to consumers interested aerial data capture using a small advanced sUAS in the following areas:

• Aerial Mapping for engineering and surveying services • Infrastructure Survey • Agricultural Surveying • Aerial Photography (not including closed

- set filming)

• Ae rial Videography • Real Estate Photography

• Product Demonstrations

GHG states that all sUAS flights that w ill occur over private or contr olled access property will do so with the property owner's prior consent and knowledge and that only people who have consented or otherwise have agreed to be in the area where photography and vide ography will take place will be captured.

Additionally, GHG pilots will hold FAA Private Pilot Licenses with Class Ill Medical Certificates and if observers are not qualifi ed pilots, they will be trained by GHG pilots to understand the proper roles of an observer, communication procedures, proper visual scan techniques, operations at non

- towered airports, and appropriate

sections of the Aeronautical Information Manual.

Re gulations from which the exemption is requested:

14 C.F.R. Part 21, 14 C.F.R. 45.27, 14 C.F.R. 45.23 (b), 14 C.F.R. 61.113 (a) and (b) 14 C.F.R. 91.7 (a), 14 C.F.R. 91.9 (b) (2), 14 C.F.R. 91.105, 14 C.F.R, 91.109, 14 C.F.R .91.119, 14 C.F.R. 91.121, 14 C.F .R. 91.151(a), 14 C.F.R. 91.203 (a) 

### & (b), 14 C.F.R. 91.205 (b), 14 C.F.R. 91.215, and 14 C.F.R. (91.401

- 91.417)

### U .S. Department of Transportation Exemption Request Section 333 of the FAA Reform Act



### S eptember 23 , 2015 G andee Heydinger Group, LLC Page 2 of 6



# Unmanned Aircraft System

sUAS are a feasible method to obtain information of agricultural cropl and to determine o ptimum inputs that

result in cost savings to farmers, yield security, and reduce environmental impact of excess fertilizers and chemicals in the soil. They have proven to save lives in dangerou s situations such as flarestack inspections and search

- and

- rescue missions.

We are petitioni ng for exemption to enable GHG to operate a DJI Phantom 2 Vision+ multi

- rotor equipped

with a three

- axis gimbaled camera , a DJI Phantom Vision 3 Professional multi

- rotor equipped with a three

axis gimb aled camera, a SenseFly eBee fixed

- wing aircraft, and a n E38 4 fixed

- wing aircraft

. These sUAS all weigh less than 25 lbs

. , have a built

- in capability to lim it the height it flies above the ground, to limit the

radius of the distance it flie s from the operator and include a no

- fly

- zone feature. Each system also has the

failsafe function of th e autopilot system, which means when the communication between the ma in

controller and the trans mitter is lost; the system will automatically trigger Return

- to

- Home and will land safely. The abov e specifications meet standards listed below, some derived in accordance with the Model Aircraft Operating Standards:

• The petiti oner will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populate d areas within the sterile area described in the operator's manual. Such operations will insure that the sUA S will "not create a hazard to users of the national airspace system or the public."

• Under new FAA policy, "the FAA will grant a Certificate of Wa iver or Authorization (COA) for flights at or below 200 feet to any UAS operator with a Section 333 exemption for air craft that weigh less than 55 pounds, operate during daytime Visual Flight Rules (VFR) conditions, operate within visual line of sight (VLOS) of the pilots, and stay certain distances away from airports or heliports:

• 5 nautical miles (NM) from an airport having an operational control tower; or • 3 NM from an airport with a published instrument flight pr ocedure, but not an operational tower;

or • 2 NM from an airport without a published instrument flight pro cedure or an operational tower; or • 2 NM from a heliport with a published instrument flight procedure"

• Flights requiring an additional COA for operations outsi de the above parameters will be coordinated with

the FAA.

• Maximum flight time for each operational flight will be 12 0 minutes.

• Fligh ts will be terminated at 25% battery power reserve should that occur prior to the 120

- minute limit.

• The sUA V will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL, unless otherwise approved by the FAA.

• Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer.

• The sUAS PIC's (Pilot in Command) will be an FAA licensed airman holding at a minimum an FAA

Private Pilot Certificate and Third Class FAA Medical Certificate.

• The sUAS operated by the petitioner weighs less than 55 poun ds, incl uding the payload (i.e. camera, lens, and gimbal).

• The sUAS will operate at speeds of no more than 100 knots.

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### S eptember 23 , 2015 G andee Heydinger Group, LLC Page 3 of 6

• Given the small size of the sUAS and the restricted sterile environment within which they will operate, our sUAS operations adhere to the Reform Act's safety requirements.

Additionally, the fact that the GHG pilots will hold, at a minimum, an FAA Private Pilot Certificates demonstrates that they have a high regard to safe opera tions with an un derstanding of FARs, pre

- flight inspections, maintenance and repair, operations within airspace, as well as being trained to high safety standards.

Under the requested exemption GHG ensures that all o perators have completed a small unm anned aircraft systems (UAS) education and training program inclu ding all applicable regulations and guidance documents; including aeronautical background informat ion such as charts, NOT AMS and Aircraft Circulars; Radio Communications Procedures; Human Fa ctor s and Crew Resource Management; Basic Small UAS Aerodynamics; Weather Factors; Airmanship and Dec ision

- Making and Safe Operating Procedures.

Privacy will be paramount to GHG , and we will safeguard all data by storing data on hard drives, and not o n
cloud

- based software platforms unless there is a sig ned agreement in place with all personnel and private property owners in the photos or video. We respectfully request exemption under Section 333 to enable GHG to operate safe, low

- risk commercial

sUA V operations for the activities stated. GHG at all t imes will respect the space and privacy of citizens and property whilst keeping our skies safe.

GHG will be utilizing the same DJI, SenseFly, and Event 38 proven t echnologies the FAA has already scrutinized and approved for other Section 333 exemptions. Furthermore, GHG would like the FAA to consider that this request is based off of Exemption 1292 7 , Regulatory Docket # FAA

- 20 15

- 2548 and is not precedent setting.

Sincerely, 

# Garr ett T. Gandee

Garrett T. Gandee

Owner , Vice

- President Gandee Heydinger Group, LLC 642 Brooksedge Boulevard Westerville, Ohio 43081

614

- 942

- 6042



## EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

GHG , LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply to t he operation of the sUAV System:



## 14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial System s, we request an FAA Modernization and Reform Act, Section 333 Exemption be issued for DJI

Phantom Vision 2+

, DJI Phantom Vision 3 Professional, SenseFly eBee, and Event 38 E384 sUAS under the following provisions:



## 14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word

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### S eptember 23 , 2015 G andee Heydinger Group, LLC Page 4 of 6

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO an d others in the vicinity of the aircraft while it is preparing for launch will be able to see th e designation. Additionally, we feel that the permanent placard discussed in the previous paragr aph will provide the aircraft's registration information at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will op erate within v iew of the ground station, the banner should be visible to anyone that obser ves the aircraft and chooses to investigate its point of origin.



## 14 CFR 61.113 Private pilot privileges and limitations: Pilot in

Command and 61.133

Commercial pilot privileges and limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in comma nd 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 p roperty for compensation or hire. Our proposed operations require that the PIC must hold at le ast a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passenge rs or property, we feel we meet the intent of 61.113 Subparagraph (b ) even though the intent of this application is to conduct a
business.



## 14 CFR 91.7 Prohibits the Oper ation of an ai rcraft without an

airwor thiness certificate.

As no such certificate will be applicable in the form contemplated by the F ARs, this Regulation is inapplicable.



## 14 CFR 91.9 Civil aircraft flig ht manual, marking, and placard requirements.

This regulation provides that no person may operate an airc raft unless a current, approved flight

manual is in the aircraft. We assume that the intent of this re quirement is to ensure that flight manual information is available to the aircrew while ope rating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the

documentation would not be avai lable to the crew during flight operations. To obtain an equivalent level of safety and mee t the intent of91.9, we propose that a current, approved sUAS Flight Manual must be avai lable to the cre w at the ground station anytime the aircraft is in, or preparing for, flight.



## 14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states that "No person may operate a civil aircraf t that is being used for flight

instruction unless that aircraft has full y functioning dual controls." The sUAS System ground

based control station consists of a small hand

- held radio tr ansmitter and while it does not offer a

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### S eptember 23 , 2015 G andee Heydinger Group, LLC Page 5 of 6

second set of "controls", both the student and instru ctor can, and will, operate the single set of

contr ols simultaneously. With both student and i nstructor having "hands

- on" the controls during flight, we feel that this technique meets th e intent 91.109 and provides an equivalent level of safety.



## 14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft can not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typi cal mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where 

### permission has been obtained and careful pre

- planned has been performed. The aircraft will be operated at

a low altitude a llowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircr aft, which should be considered in granting the exemption.



## 14 CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 600 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An

Above Ground Level altimeter measure ment above the t akeoff point is transmitted via radio from

the sUAS on

- board computer t o the display screen held by the PIC, providing a constantly updated AGL readout.



## 14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flig ht in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAS a re battery operated and the maximum duration of flight from a single battery charge is 12

- 120 (depending on which sUAS) minutes with a 20% reserve. Since the aircraft will never fly more than 1/2 NM from the point of intended landing, a full battery charge at launch will ensure that w e meet the reserve energy requirement of this paragraph. We request an exemp tion to the word "fuel" and ask for an equivalent interpretation with the word "energy". We also request exemption from the

30 min reserve and ask that our reserve will be to fly the m ission to the point of intended landing and have at least a 20% battery reserve after that.



## 14 CFR 91.203(a) 

## & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be abo ard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificat e be "displayed at the cabin or cockpit entrance so that it is legible to pass engers or crew." The sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be collocated with the crew at the ground control station and available for inspection upon re quest. In order to identify the aircraft, we propose that the information found on airworthines s and registration certificates b e permanently

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### S eptember 23 , 2015 G andee Heydinger Group, LLC Page 6 of 6

affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.



## 14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations

The regulati on provides that the operator is primarily responsib le for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the a ircraft for return to service." The PIC

will 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, checking electrical connections and updating softwar e and firmware for the on

- board computer. All other maintenance will be performed by the m anufacturer or their designated repair facility.

The PIC will document work performed in accor dance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, t he PIC can ensure an equivalent level of safety.