Department of Transportation January 8, 2015



### Page 1 of 12 

# BENJAMIN MICHAEL

LINDNER

12803 S Edinburgh St. Olathe, KS 66062 (913)709

- 5672

January 8,2016

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

SUBJECT: Petition of Benjamin Michael Lindner for Grant of Exemption Pursuant to Section 333

of the FAA Modernization and Reform Act of 2012

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ( Reform Act) and 14 C.F.R. Part 11, BENJAMIN MICHAEL LINDNER hereby applies for an exemption from the Federal Aviation Regulations (FARs) identified below, to operate small unmanned aerial vehicles (i.e., small unmanned aircraft systems or UAS or UA) for ae rial data collection

. BENJAMIN MICHAEL LINDNER is a Commercial Airplane

, Multi E ngine Land

, Single Engine Land Pilot with Instrument Ratings

, Photographer, Videographer and Aerospace Student

. BENJAMIN MICHAEL LINDNER plans to use the sUAS for the special p urpose of conducting aerial video and photography over certain areas of the United States

, focusing its operations in the architectural, engineering, agricultural

, media and construction indus tries. BENJAMIN MICHAEL LINDNER plans to use the capabilities of the sUA S ’ s to offer a multitude of services, including: construction site inspections and monitoring, bridge i nspections, flare stack inspection s , utility

- power generation system inspections and patrolling, tran smission line inspection s , pipeline inspection s , inspection of city

- owned storm water canal systems, inspection of city

- owned road right of ways, inspections of city

- funded infrastructure improvem ent projects, assist with damage assessments or situational status reports of municipalities during emergency response operations, evaluations for municipalities related to flora & fauna (vegetation & wildlife)

issues

, agriculture and livestock monitoring, precision agriculture with on board sensors, wildl ife and forestry monitoring, mosquito and insect control, educational and research oper ations, crew training and proficiency operations, aerial data collection, r eal estat e photography and videography

, aerial video and photo graphy for public and private use including television, public events, and cinematography live feed and live newsgathering, special events: including high schools. colleges, professional sports, open air events and fairs, risk management

and asse ssment

BENJAMIN MICHAEL LINDNER ’s purpose for obtaining exemption is not unique. The following exemptions were granted for simi lar or exactly the same purpose:

Petitioner Exemption

Number Purpose

Olsson

Associates 11626 Olsson plans to use the sUAS for aerial inspection and documentation services for its projects located across the United

States. The services inc lude aerial surveys and mapping, inspections and obtaining still photographs, video and other data

collected via onboard sensors.Department of Transportation January 8, 2015



### Page 2 of 12 Aerologic 11370 To conduct aerial survey to produce imagery and terrain modeling products useful in applications

ranging from civil engineering, land and water resources management, environmental research, disaster response, agriculture, and many other useful applications.

Wohnrade

Civil Engineers 11835 To conduct site reconnaissance for public and private civil

constructio n projects, including bridge inspections and aerial photography and videography.

Ocelleye,

LLC 12877 To conduct aerial photography and video capture for the architectural engineering and construction (AEC) industry.

Texas Skycam,

LLC 13857 T o conduct aerial photography and videography for real estate, filmmaking, agriculture and livestock monitoring, construction site inspections and monitoring, special events, educational and research operations, aerial data collection, disaster response/se arch and rescue operations, inspection of storm water canal systems, inspection of road rights

- of

- way, inspections of infrastructure improvement projects, bridge inspections, damage assessments or situational status reports of municipalities during emergen cy response operations, evaluations for municipalities related to flora and fauna, assist with site security during city

- sponsored events and crew training and proficiency operations1.

Mr. Russell

Schmaltz 14045 A erial photography and videography fo r real estate, architecture, land surveying, engineering and other related professional activities; for television, public events, cinematography and news gathering; for inspection/photography of structures and infrastructure; for providing live video feed to assist with search and rescue operations; and for training in the use and application of

a UAS1.

10

- 8 Video,

LLC 14118 B ridge i nspections, flare stack inspection, utility

- power generation system inspections and patrolling, aerial inspection, photography and videography of residential and commercial real estate, weddings, aerial inspection, photography and videography of ut ility infrastructure including but not limited to electrical power lines, wind turbines and cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and videography, precision agriculture with on board sensors, wildlife and forestry mon itoring and mosquito and insect control, aerial surveying, construction site inspection and monitoring, public entity support operations, Aerial imaging for safety, monitoring and comparing work efforts and completion percentages, and security of controlle d environment of various sites, aerial video and live video feed to assist with search and rescue operations under the authority and support of local authority officials, aerial video and photography for public and private use including television, public events, and cinematography live feed and live newsgathering, special events: including high schools. colleges, professional sports, open air events and fairs, research, risk management and assessment, motion picture production, surface mining, closed set f ilming, and disaster, catastrophe events and training to persons individually or belonging to both private and public organizations to increase awareness andDepartment of Transportation January 8, 2015



### Page 3 of 12 improve safety for current and future UAS operations within the

NAS1.

BENJAMIN MICHAEL LINDNER seeks exemption from the Federal Aviation Regulations (FARs) listed below to allow the operation of several different small Unmanned Aircraft Systems (collectively, sUAS). In the exemptions granted above and exemption 11062, 11109, 11112, 11213, and 12645 , the FAA determined that the safety and public benefits of using sUAS for commercial surveying, mapping, project documentation,

i nspection and other service s were equal to or exceed the platforms available through traditional means. In addition, use of for inspections of structures can be safely performed without endangering the inspector or inhibiting local industrial or public operations with ladders, lifts or other equipment. BENJAMIN MICHAEL

LINDNER petitions and requests a similar finding and exempt ion.

BENJAMIN MICHAEL LINDNER ’ s request for aircraft to operate is not unique. The following table

contains the aircraft BENJAMIN MICHAEL LINDNER intends to operate and a reference to other users who were approved for operation of that UAS.

Aircraft Exemption Numbers

DJI Phantom 3 12593A, 13918, 13918, 13976, 13978

DJI S1000 11062A, 13562, 13918, 11156A, 11158A

DJI Inspire 11062A, 13562, 12593A, 13918, 11394,13969

DJI Phantom 2 11406, 11398, 11394, 11224, 11228, 13969

DJI S800 12593A, 11252, 11225, 11253, 11426

SenseFly ebee 11263A, 11167, 11193, 11273, 11266

SenseFly Exom 11263A, 12106

Trimble UX5 11110A, 11257, 11329, 11432, 12231

3D Robotics Solo 13987, 12146, 11309, 11204, 12204

Altavian Nova F6500 11472, 11292, 11291, 11351, 11415

DJI Matrice 100 11646

, 12283

, 12378

BENJAMIN MICHAEL LINDNER intends to use: DJI Phantom 3, DJI S1000, DJI Inspire, DJI Phantom 2, DJI S800, SenseFly ebee, SenseFly Exom, 3DR or 3D Robotics Solo, and the Altavian Nova F6500

, DJI Matrice 100

. Operation manuals and materials for these aircraft are already entered in the public record in the exemption material above.

Operations pursuant to the exemption will be subject to strict operating requirements and conditions to ensure at least an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333. The sUAS have extensive automated control features, redundant systems, and integrated fail

- safes, and will be operated under controlled conditions and at low altitudes in airspace that is limited in scope.Department of Transportation January 8, 2015



### Page 4 of 12 The name and address of the applicant is:

BENJAMIN MICHAEL LINDNER

12803 S Edinburgh St.

Olathe, KS 66062

(913)709

- 5672

Email: benlindner@gmail.com

Regulations from which the exemption is requested:

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. 91.109

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 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider

whethe r 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

UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

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

• Operation of the UAS in close proximity to airports and populat ed areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). If the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the s afe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis added)

. 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 of the Act, that includes UASs,Department of Transportation January 8, 2015



### Page 5 of 12 from the requirement that all civil aircraft must have a current airworthiness certificate. BENJAMIN MICHAEL

LINDNER interprets this provision to place the duty on the Administrator to not o nly process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approv al. 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 U.S.C. §447 01(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

BENJAMIN MICHAEL LINDNER intends to use a number of UAS (DJI Phantom 3, DJI S1000, DJI Inspire, DJI Phantom 2, DJI S800, SenseFly ebee, SenseFly Exom, 3DR or 3D Robotics Solo, and the Altavian

Nova F6500 DJI Matrice 100 ) that have been vetted by the FAA under the exemptions sited above for size, weight, speed, and operational capacity. After reviewing these aircraft, the FAA issued the exemptions cited above. All UAS will be operated o nly in line of sight of the pilot and will operate only within the project area. Such operations will insure that the UAS will not create a hazard to users of the national airspace system or the public. Given the small size of the UAS involved and the res tricted environment within which it will operate,

BENJAMIN MICHAEL LINDNER falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned the FAA must, by exemption, allow commercial operations of UASs to commence

im mediately. Also due to the size of the UAS and the restricted areas in which the relevant UAS will operate, approval of the application presents no national security issue. 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, reduction in environmental impacts, including reduced emissions associated w ith allowing UASs for inspection and survey operations, the grant of the requested exemptions is in the public interest.

Accordingly, BENJAMIN MICHAEL LINDNER respectfully requests that the FAA grant the requested exemption without delay.

Aircraft and equivalent Level of Safety

BENJAMIN MICHAEL LINDNER proposes 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 e ven higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe photography and surveying operations

conducted with conventional aircraft.

These limitations and conditions to which BENJAMIN MICHAEL LINDNER agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1. Operations authorized by this grant of exemption are limited to DJI Phantom 3, DJI S1000, DJI Inspire,

DJI Phan tom 2, DJI S800, SenseFly ebee, SenseFly Exom, 3DR or 3D Robotics Solo, and the Altavian

Nova F6500 DJI Matrice 100 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to a mend this exemption.

2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calib rated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on

the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PICDepartment of Transportation January 8, 2015



### Page 6 of 12 mu st be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made

available to the Administ rator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon w hich the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UA S that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Fu nctional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is re sponsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS oper ated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA a irman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the 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.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exem ption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipan ts, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorologic al conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of theDepartment of Transportation January 8, 2015



### Page 7 of 12 airport symbol as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption

holder. The l etter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or

when visibili ty is less than 3 statute miles from the PIC.

18. For tethered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from at least

o ne mile. This requirement for pennants or streamers is not applicable when operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting

of the structure.

19. If the UAS loses communicat ions or loses its GPS signal, the UA must return to a pre

- determined location within the private or controlled

- access property.
20. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

21. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the 6 intended operation and to operate after that for at least 5 minutes or with the reserve powe r recommended by the manufacturer if greater.

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be

conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or

amended COA if i t intends to conduct operations that cannot be conducted under the terms of the

enclosed COA.

23. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

24. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must b e available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

25. The UA must remain clear and give way to all mann ed aviation operations and activities at all times.

26. The UAS may not be operated by the PIC from any moving device or vehicle.

27. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures u nless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arise s where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structur es has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential

p ersons are not considered nonparticipating persons under this exemption.

28. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.



### Description of Specific Regulations:

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a)(1) 91.7(a)Department of Transportation January 8, 2015



### Page 8 of 12 Inasmuch as there will be no airworthiness certificate issued for the UAS, BENJAMIN MICHAEL

LINDNER seeks an exemption from 14 CFR Park 21, Subpart H, 14 C.F.R. § 91.7(a) a nd §91.203(a) , which requires that a civil aircraft be in an airworthy condition to be operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has determined that for the purposes of this exemption the pilot may

determine t he aircraft is in an airworthy condition prior to flight. The operating documents contain procedures which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is therefore warranted.

14 C.F.R. 45.23(b) and 45.27(a) and / or 91.9(c): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or light sport category aircraft to be marked with letters between 2 inches and 6 inches high "limited," “r estricted," "light

- sport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, coc kpit or pilot station on which the word Experimental" can be placed. Given the size of the UAS, two

inch lettering will be impossible. All BENJAMIN MICHAEL LINDNER ’s aircraft shall be mark in accordance with registration requirements. In prior grants of e xemption under Section 333 of the Reform Act, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as pr acticable.” 8 All UAS flown by BENJAMIN MICHAEL LINDNER will bear identification markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.9

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in comm and

In the Grant of Exemption No. 11062 to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a Comme rcial Pilot Certificate and Class II Medical Certificate. The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved. More r ecently, the FAA determined that holders of recreational and sport pilot certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by the Department of Ho meland Security (DHS), the FAA determined that holders of recreational and sport pilot certificates would be qualified to serve as the PIC for UAS operations.

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions si milarly imposed on Astraeus Aerial and other operators in more recently granted exemptions under Section 333 of the

FAA Reform Act. BENJAMIN MICHAEL LINDNER will operate away from persons and property that is not the subject matter of the flight. BENJAMIN MICHAEL LINDNER will also require all PICs to be thoroughly trained in the unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience not only in UAS operations generally but have logged flight time in the specific m ake and model used for the operations before they are permitted to participate in commercial flights on behalf of BENJAMIN MICHAEL

LINDNER . The pilot qualification, training, and currency requirements in the operating documents ensure that

BENJAMIN MICHAEL LINDNER ’s pilots are competent and proficient in the UAS they are operating. The Petitioner’s training and qualification requirements are consistent with those contained in prior FAA

- issued grants of exemption, and will provide a higher level of competenc y and proficiency for its pilots and will ensure at least an equivalent level of safety.

14 C.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 of the aircraft and the requirements

contained in the Manual for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirementsDepartment of Transportation January 8, 2015



### Page 9 of 12 The UAS, given its size and configuration has no ability or place to carry such a flight 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 of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and

10700.

14 C.F.R. 91.1 03: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, including checking for we ather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist in the UAS Manual. These actions will provide an equivalent level of safety.

14 C.F.R. 91.109: Flight Instructi on

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

By design, UASs and remotely piloted aircraft do not h ave fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has previously approved exemptions for aircraft without fully functional dual controls . See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio signals from the controller, and by the size and speed of t he aircraft.

14 C.F. R. 91.119: Minimum Safe Altitudes

BENJAMIN MICHAEL LINDNER requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

congested areas. See 14 C.F.R. § 91.119(c). An exemption is required because the proposed UAS operations will normally need to occur below 400 fee t AGL. Additionally, due to the nature of the proposed operations, the PIC and/or Observers may need to be less than 500 feet away from the UAS. Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and g iven the lack of flammable fuel with the UAS, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the operating documents, the UAS will be operated in a controlled envir onment, and all flights will occur at a lateral distance of at least 500 feet from nonparticipating persons, unless that person is in a position where he or she is shielded from the UAS and any possible debris resulting from UAS failure. Procedures will be in place to ensure flight operations can be safely terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at least 500 feet away from vehicles or structures unless the property own er/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects, and operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these

restrictions in BEN JAMIN MICHAEL LINDNER ’s operating documents will ensure the proposed operations can be conducted without compromising safety to persons or property on the ground.

14 C.F.R. 91.121: Altimeter Settings

To the extent necessary for BENJAMIN MICHAEL LINDNER to conduct the proposed operations, Petitioner requests an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departur e airport or barometric pressure. The FAA has stated that an equivalent level of safety to the requirements of 14Department of Transportation January 8, 2015



### Page 10 of 12 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, (2) within VLOS, (3) where GPS bas ed altitude information is relayed in real time to the operator at a ground

based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. The UAS that Petiti oner intends to use for performing the proposed operations meet all these operational characteristics. Moreover, the operating documents require the PIC to calibrate the aircraft’s GPS compass prior to each flight operation. As the FAA has determined in

ci rcumstances similar to this Petition for Exemption, Petitioner’s UAS and the safety mitigation procedures contained in the operating documents, ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requirements of § 19 1.121 is therefore appropriate.

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

BENJAMIN MICHAEL LINDNER requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) No per son may begin 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 t hat for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery rese rve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions in circumstances similar to those presented in this Petition for Exemption. In Exemption No. 11213 to Aeryon Labs, Inc.19, the FAA determined that a requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions) there was enough available power fo r UAS to operate for the intended operational time and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater, would ensure an equivalent level of safety to the fuel requirements of § 91.151(a). Petitioner’s operating documents impose this same requirement and an exemption from § 91.151(a)’s fuel requirements for flight in VFR conditions is therefore appropriate.

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

The regulation provides in part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the a irworthiness 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.

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. Therefore there is no ability or place to carry certification and registration documents or to display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground f light control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation.

14 CFR 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 E of this part and shall between required inspections, except as provided in paragraph (c) of this section, ha ve discrepancies repaired as prescribed in part 43 of this chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43.Department of Transportation January 8, 2015



### Page 11 of 12 Given these sections and Part 43 apply only to aircraft with an airworthiness certificate these sections w ill not apply to BENJAMIN MICHAEL LINDNER . Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carr y a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order pr ior 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 to provide the equi valent level of safety.

********

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: BENJAMIN MICHAEL LINDNER seeks an exemption from the following r ules:14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) for aerial inspections, documentation, engineering evaluation, surveying, mapping, photogra phy, video and other applications.

Approval of exemptions allowing commercial operations of UASs for aerial inspections, docum entation

, surveying, mapping, photography, video a nd other engineering applications enhances safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a UAS weighing f ewer 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 UAS will carry no passengers or crew and, therefore, will not expose them to the risks

associated wit h manned aircraft flights.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting BENJAMIN MICHAEL LINDNER from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with helicopters operating in close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, proximity to ai rports and populated areas and operation within visual line of sight and national security

— provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of BENJAMIN MICHAEL LINDNER ’s UASs in engineering industry pursuant to the

UAS Manual.Department of Transportation January 8, 2015



### Page 12 of 12 Specific Examples of Potential UAS use by BENJAMIN MICHAEL LINDNER :

BENJAMIN MICHAEL LINDNER intends to:

· Inspect existing inaccessible or difficult to access structures such as tops of river cells, sides of bridges,

i ndustrial rooftops, high mast lights and smoke stacks. This would save time and money and public inconveniences by negating the need to mobilize large lift equipment or close roads during bridge or public building inspections.

· Develop 3D models from imag ery collected during flight. Using software to turn photographs into scalable 3D models minimizes the need for tape measures and other ‘hands on’ surveying tools which can inhibit industrial and public operations as well as be a safety issue to the employe e and public.

· Develop land surveys quickly and inexpensively compared to conventional methods. Aerial surveys can be conducted on small areas with the UAS negating the need for large conventional aircraft and other conventional surveying devices which m ay inhibit industrial or public operations.

· Enhanced public awareness. Many of BENJAMIN MICHAEL LINDNER client’s projects involve public places such as bridges, biking/hiking trails, waste water plants, etc. The ability to use up to date aerial photograph y will enable the client and the public to better understand the project.

Sincerely,

Benjamin Michael Lindner