# 0 Crafton Tull
November 20, 2015 U.S
. Department of Transportation Docket Management System 1200 New Jersey Ave ., SE Washington, DC 20590 Re: Request for Additional Information for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations. Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C
.F.R. Part 11, Crafton Tull 

### & Associates, Inc. ("C rafton Tull") , The requested exemption would allow Applicant to operate the UX5 and the UX5hp aircraft manufactured by Trimble or other Trimble aircraft approved for commercial operations under Exemptions 11110 and 1111 OA, as they may be amended in the future. As an operator of the UX5 or UX5hp Unmanned Aircraft System seeks an exemption from the fo llowing Federal Aviation Regulations: 14 C.F.R. 21 (H) 14 C.F.R. 45.23 14 C
.F
.R. 45.29 14 C .F. R. 61.23 (a) and (c) 14 C.F.R. 61.133 (a) 

### & (b) 14 C.F.R. 61.315 (a) 14 C.F
.R. 91.7 (a) 14 C.F
.R. 91
.9 (b)(2) 14 C
.F.R. 91
. 109 14 C.F
.R. 91
. 119 14 C.F.R. 91.12 ·1 14 C
.F.R. 91.151 14 C
.F.R. 91.203 14 C.F.R. Subpart E (91.401- 91.417) Applicant aircraft will be used to conduct the following applications: mining, uti lities, gas and petroleum locations , pipelines, construction sites, landfills, topography, design surveys, boundary surveys, agriculture, and other purposes , but not for closed set fil ming (hereinafter "the Purpose"). Appl icant hereby applies for an exemption from the listed Federal Aviation Regu lations ("FARs") to allow commercial operation of its small unmanned 

### l laerial vehicles ("sUAVs") , so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. §44701(f)
. As this exemption request is identical to the already issued precedent. this request should qualify for summary processing as the FAA has already provided public notice of and granted similar exemptions
. The FAA has issued exemptions in circumstances similar in all material respects to those presented in this petition
. In numerous exemptions, the FAA has found that the enhanced safety achieved using an unmanned aircraft (" UA") with the specifications described by the petitioners and carrying no passengers or crew, when compared to flights of much larger manned aircraft that carry crew in addition to flammable fuel , gives the FAA good cause to find that the sUAV operation enabled by the exemptions serves the public interest.2 In those cases , use ofthe proposed sUAV not only enhanced safety but also fulfilled Exemption No. 11257 to Montana Land Surveys (see Docket No. FAA-2014- 0889). 2 Exemption Nos. 11062 to Astraeus Aerial (see Docket No
. FAA-2014-0352),11109 to Clayco, Inc
. (see Docket No
. FAA-2014-0507) , 11112 to VDOS Global , LLC (see Docket No
. FAA-2014-0382) , and 11213 to Aeryon Labs , Inc
. (see Docket No
. FAA-2014-0642). the Secretary ofTransportation 's (the FAA Administrator's) responsibility to "
... establish requirements for the safe operation of such aircraft systems in the national airspace system ." Section 333(c) of the Reform Act. The name

**~nd** address ofthe applicant is: Randaii"Lane" Housley Executive Vice President Crafton Tull 

### & Associates , Inc 1000 Ledgelawn Drive Conway, Arkansas 72034 501-328-3316 This exemption application is expressly submitted to fulfill Congress' goal in passing Sections 333(a) through (c) ofthe Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination , the Secretary is required to determine which types of sUAVs do not create a hazard to users ofthe NAS or the public or pose a threat to national security in light ofthe following : • The sUAV's size , weight, speed , and operational capability; • Operation ofthe sUAV in close proximity to airports and populated areas ; and • Operation of the sUAV within visual line of sight of the operator. Reform Act§ 333(a)
. Lastly, ifthe Secretary determines that such vehicles "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. " 

### /d.§ 333(c) (emphasis added). 3 The Federal Aviation Act, in addition to the authority granted by Section 333 of Reform 

### Page 

## 12Act, 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 ot the Act, from the

3 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the sUAV, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. Requirement that all civil aircraft, which includes sUAVs, must have a current airworthiness certificate. 4 The sUAVs that Applicant proposes to use are fixed wing and weigh 55 or fewer lbs. including payload
. They operate, under normal conditions , at a speed of no more than 87 knots. They will operate at altitudes of no more than 400 feet , as further explained, and only within line of sight. They will operate as set forth in the manuals previously attached as; 1) Trimble UX5 Data Sheet; and 2) Trimble UX5 Aerial Imaging Solution User Guide (User Guide). Operations in compliance with these manuals will ensure that the sUAV will "not create a hazard to users of the national airspace system or the public" 5 and that the aircraft will operate in compliance with the conditions set forth in this application. AIRCRAFTAND EQUIVALENTLEVEL OFSAFETYINA TIONAL SECURITY The Applicant states that operating in compliance with the conditions set forth in Exemption 1111OA will provide an equivalent level of safety for the operation of the UX5 and UX5 hp. Approval of exemptions allowing commercial operations of sUAVs for aerial data collection will enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subject being photographed and in extreme proximity to people and structures and present the risks associated with vehicles that weigh in the neighborhood of 6,000 lbs. , carrying large amounts ofjet A or other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the project location. In contrast, a sUAV weighing fewer than 55 lbs
. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAV is carried to the target area and not flown. The sUAV will carry no passengers or crew and, therefore , will not expose them to the risks associated with manned aircraft flights. These lightweight aircraft operate at slow speeds , close to the ground, and in areas that are under the control of the operator and, as a result, are far safer than conventional operations conducted with larger manned aircraft operating in close proximity to the ground and people. Given the small size of the sUAVs involved and the restricted environment within which they will operate, Applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAVs to commence immediately. A lso, due to the size of the sUAVs, the restricted areas in which they will operate, and the fact that they will be flown by pilots holding at least an FAA sport or recreational pilot license, approval ofthe application presents no national security issue. PUBLIC INTEREST The FAA has granted exemptions to the regu lations listed on page 2 in the P(lge 

### 13exemptions cited above
. As discussed in detail for each of these regulations in the attached Appendix 

## A. the public interest will be served by an exemption because , with respect to each , operation in compliance with the requested conditions will ensure an equivalent level of safety
. As also

4 "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 the Transportation Act if the Adm inistrator finds the exemption in the public interest." 49 U.S.C. 

### § 44701 (f)
. See also 49 U.S.C. 

### § 44711 (a); 49 U
.S.C
. 

### § 44704; 14 C.F.R. 

### § 91.203(a)(1 )
. 5 Section 333(b) of the Reform Act. The grant of the requested exemption is in the public interest given the clear direction in Section 333 ofthe Reform Act; the authority included in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant public benefit derived from, among other things, the enhanced safety and reduced environmental impact, including the reduced emissions associated with allowing battery powered sUAVs instead ofturbine or gas powered aircraft
. 

### ******** * 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 : Applicant seeks an exemption from the following rules: 

### 14 C.F.R. 2 1 (H) 14 C.F.R. 45 .23 14 C.F.R. 45.29 14 C.F.R. 61.23 

### (a) and (c) 14 C.F.R. 61.133 

### (a) 

### & (b) 14 C.F.R. 61.315 

### (a) 14 C.F.R. 91.7 

### (a) 14 C.F.R. 91 .9 (b) (2) 

### 1 4 C.f. R. 9 1. I09 14 C.f.R . 9 1.11 9 14 C.F.R. 9 1.1 2 1 14 C.F.R. 9 1.1 5 1 14 C.F.R. 9 1.203 1 4 C. F.R. Subpar t 

### E (9 1.40 1
- 9 1.4 17) Crafton Tull 

### & Associates sees the use of the UX5 or UX5hp for the listed applications as beneficial to public interest for reasons of occupational safety and environmental responsibility
. Safety is ofthe highest importance to all occupations within the energy, utility, agriculture , planning , engineering and construction industries
. Environmental responsibility is equally important in these industries in order to continuously ensure the safety and well-be ing Pdge 

## 14of the public and the environment. Crafton Tull & Associates seeks exemption from the Federal Regulations put forth herein to conduct commercial operations where the UX5 or UX5hp can be utilized to promote occupational safety and environmental responsibility over currently used technology, methods , and/or practices
. It is our goal to not only benefit this company, but also the industries we serve and ultimately the public as a whole
. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size , weight, speed , operating capabilities , proximity to airports and populated areas and operation within visual line of sight and national security - provide more than adequate justification for the grant ofthe requested exemption allowing commercial operation of applicant's sUAV for the Purpose outlined herein and are consistent with exemptions already granted , including Exemption 1110A. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay. Respectfully submitted ,

Executive Vice President! Energy Services 

# 0 Crafton lull

Dlfect 501·339-2800 I Mobile 501 -940·9688 1000 ledgefawn Dr Conway AR 72004 www c:rallontull com



## I S

## APPENDIX 11 

## A 11
Crafton Tull 

### & Associates requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofthe UX5 and/or UX5hp:
14 C
.F.R. Part 21 , Subpart H : Airworthiness Certificates 14 CFR 

### § 91
.203(a)(1) Section 91
.203(a)(1) requires all civil aircraft to have a certificate of airworthiness
. Part 21 , 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 of the UX5, its very light weight and the limited operating area associated with its uti lization , it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels
. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworth iness certificate, upon consideration of the size, weight, speed , operationa l capabi lity, and proximity to airports and populated areas of the UAS involved
. An analysis ofthese different criteria demonstrates that the UX5 or UX5hp operated without an airworthiness certificate , under the conditions proposed in that exemption , will be at least as safe , or safer, than a conventional aircraft with an airworthiness certificate
. A risk assessment for operations with the UX5 or UX5hp, which demonstrates that assertion , was submitted as part ofthis application
. The UX5 or UX5hp is light weight and is made of flexible foam , does not carry a pilot or passengers , does not carry flammable fuel , and will operate exclusively within a pre- disclosed area and in compliance conditions set forth herein
. Operations under this exemption will be continuou sly monitored and controlled by the operator via radio communication link between the UX5 or UX5hp and its ground control station
. Additionally, a geo-fence and flight ceiling will be defined for each flight prior to launch to ensure the UX5 or UX5hp does not operate beyond its designated flight area. Page 

## 1614 C
. F
. R. 

### § 45
.23 & 14 C
. F
.R. 

### § 45
.29 : Display of marks; size of marks These regulations provide that each aircraft must display " N " and the a ircraft's reg istration number in letters at least 3 inches high
. Additionally, the aircraft must display the word

" EXPERIMENTAL" in letters at least 2 inches high nearth e entrance to the cabin , cockpit, or pilot station
. Given the size of the UX5 or UX5hp, this requirement is impossible to match
. 14 C.F.R. 

### § 61.23(a) and 

### (c): Medical Certificates: Requirement and Duration Sections 61.23(a) and (c) address the requirement of medical certificates for pilots. Section 61.23(a) requires a person exercising the privileges of a recreational pilot to hold at least a third class medical certificate
. Section 61
.23(c) permits the holder of a sport pilot certificate to act as PIC of a light-sport aircraft with either a medical certificate or U.S. issued driver's license
. Light-sport aircraft may weigh up to 1,430 pounds and seat up to two persons , including the pilot. Comparatively, the Trimble craft will weigh fewer than 55 pounds , and it will not carry pilots , passengers , or cargo . The UAS will also be operated within visual line of sight of the PIC and below 400 feet above ground level and limited to operations with permission over private or controlled-access property. Given these safety parameters , Applicant requests that the FAA waive Section 61
.23(a) upon a finding that an equivalent level of safety will be provided by allowing operation of the Trimble craft by pilots with a recreational or sport pilot certificate and a valid U.S
. state issued driver's license, in lieu of an FAA-issued medical certificate
. Applicant also requests that the FAA grant relief from Section 61
.23(c) to allow sport pilot certificate holders to operate aircraft other than light-sport aircraft with a valid U
.S. issued driver's license. The FAA has granted exemptions to conduct similar operations in a number of cases, including Exemption 11213. 14 C.F.R. Part 61: Private Pilot Privileges and Limitations: Pilot in Command Sections 61
. 113 (a) 

### & (b) limit private pilots to non-commercial operations
. Section 61
.315(a) addresses the privileges and limitations of the holder of a sport pilot certificate
. Because the sUAV will not carry a pilot or passengers , the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to hold a certificate issued by the FAA authorizing operation of any aircraft (ATP, Commercial , Private , Recreational or Sport)
. Unlike a conventional aircraft that carries the pilot and passengers , the sUAV is remotely controlled with no living thing on board
. The area of operation is controll ed and restricted , and all flights are planned and coordinated in advance as set forth in the manual. The level of safety provided 

### by the requirements included in the manuals exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the sUAV are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted , that allowing operations of the sUAV as requested with any certificate !>age 

## 17issued by the FAA as the PIC greatly exceeds the present level of safety achieved by 14 C.F.R. Part 61. The FAA has granted exemptions for private and sport or recreational pilots to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447. 14 C.F
. R. 

### § 91.7(a): Civil aircraft airworthiness This regulation requires that no person may operate a civil aircraft unless it is in airworthy cond ition
. Should the exemption be granted allowing commercial operation of the UX5 or UX5hp without an airworthiness certificate, no standard will exist for airworthiness of the UX5 or UX5hp
. Given the size of the aircraft and the previous airworthiness assessments given to the UX5 or UX5hp , among others: New Mexico State University: https://newscenter
.nmsu .edu/Articles/view/1 0208/nmsu uasflight-test-center-conducts-ebee-airworthiness-assessment USAGE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required in order to operate the eBee UAS for levee system monitoring, documentation of construction progress, and extensive oblique photography of USAGE structures 

### & activities. An equivalent level of safety will be achieved by insuring compliance with the UX5 or UX5hp manuals prior to each flight. 14 C
.F.R. 

### § 91.9: Civil aircraft flight manual, marking, and placard requirements
. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating 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 available to the crew. The equivalent level of safety will be achieved by keeping a hard copy of the flight manual in the UX5 or UX5hp transportation box. 14 C
.F
. R. 

### § 91
. 109(a) : Flight Instruction The regulation provides that 'No person may operate a civil aircraft tha t is being used for flight instruction unless that aircraft has fully functioning dual controls
." Flight instruction wi ll be accomplished through an e laborated training program , using first the simu lation mode of the flight management software eMotion
. The equivalent level of safety during the in-flight training will be achieved by the manufacturer or affi liate provid ing the training as described in the UX5 or UX5hp train ing program and through th e use of experienced and qualified instructors familiar with the UX5 or UX5hp 14 C.F.R. 

### § 91.119: Minimum Safe Altitudes 

## 18Section 91
. 119 establishes safe altitudes for operation of civil aircraft
. Specifically, 91
. 119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure . As set forth herein , the Trimble craft will never operate at higher than 400 feet AGL
. They will , however, be operated to avoid congested or populated areas that are depicted in yellow on VFR sectional charts
. Because aerial survey work must be accomplished at relatively low altitudes and at altitudes less than 400 feet AGL, an exemption from Section 91
. 119(c) is needed
. Th e equivalent level of safety will be achieved given the size, weight, speed, and material with which the Trimble craft are built. Also, no flight will be taken without the permission of the landowner or those who control the land
. Because ofthe advance notice to the landowner, all affected individuals will be aware ofthe survey flights
. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than the Trimble craft and carrying flammable fuel , any risk associated with these operations will be far less than those currently allowed with conventional aircraft operating at or below the same altitude. Indeed , the low-altitude operations of the sUAV will maintain separation between these sUAV operations and the operations of conventional aircraft that must comply with Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11 062, 11213, 11360 and 11447. 14 C.F.R. 

### § 91.121: Altimeter Settings This regulation requires each person operating an aircraft to mainta:r. cruising altitude by reference to an altimeter that is set "
. ..to the elevation ofthe departure airport or an appropriate aitimeter setting available before departure ." As each sUAV model in at least one operating mode wi!i not have a barometric altimeter, but instead a GPS altitude read out, an exemption will be needed. An equivalent level of safety will be achieved by the operator, pursuant to the manuals, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 , 11213, 11360and 11447. 14 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 after that for at least 45 minutes
." The battery powering the sUAV limits the duration of a flight. To meet the 30- minute reserve requirement in 14 C
.F.R. 

### § 91
. 151 , sUAV flights would be severely limited , in some cases to approximately 10 minutes in length
. Given the limitations on the sUAV'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
. l'age 

### 19Applicant believes that an exemption from 14 C.F.R. § 91
. 151(a) falls within the scope of prior exemptions. See Exemption 10673 (al lowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the sUAV, 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 engender the type of risks that Section 91.151 (a) was intended to alleviate given the size and speed of the sUAV. Applicant bel ieves that an equivalent level of safety can be achieved by limiting flights to five minutes of reserve time on the batteries. This restriction would be more than adequate to return the sUAV to its planned landing zone from anywhere in its limited operating area. Sim ilar exemptions have been granted to other operations in Exemptions 2689F, 5745, 10673, 10808 and Exemptions 11062, 11213, 11360 and 11447. 14 C.F.R. § 91.203 (a) 

### & (b): Carrying Civil Aircraft Certification and Registration This regulation provides as follows: No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. No person may operate a civil aircraft un less 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 entrance so that it is legible to passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, Crafton Tull 

### & Associates proposes that documents deemed appropriate for this aircraft by the FAA will be co- located with the operator at the ground control station in the UX5 or UX5hp box and avai lable for inspection upon request. 14 C.F.R. Part 91: Maintenance Inspections Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter
...." Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval ofthe aircraft for return to service. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the manuals. An equivalent level of safety will be achieved because these sUAVs are very limited in size and wi ll carry a small payload and operate only in areas for limited periods of time. If mechanical issues arise, the sUAV can land immediately since it will be operating from no higher than 400 feet AGL. As provided in the manuals, the operator will ensure that the sUAV is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition in order to provide the equivalent level of safety. The FAA has granted exemptions for similar operations in Exemptions 11062, 11213, 11360 and 11447.

P i-l g e 110