3050 South Delaware, Springfield, Missouri 65804, Telephone: 417.831.9700, Fax: 417.831.9777 www.geoengineers.com

To: U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave. SE

Washington, DC 20590

From: Nicholas A. Arens

Date: June 22, 2015

Subject: Exemption Request Section 333 of the FAA Reform Act

Dear Sir/Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R.

Part 11, GeoEngineers, Inc. (GeoEngineers), operating a small Unmanned Aircraft System (sUAS) seeks 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) and under the conditions

outlined herein or as may be established by the FAA as required by Section 333.

The requested exemption would permit GeoEngineers to provide services to consumers interested in aerial

data capture using a sUAS in the following areas:

■ Aerial Land Surveying and Mapping

■ Construction Monitoring and Inspection

■ Agricultural Surveying

■ Photography and Videography of jobsites

GeoEngineers states that all sUAS flights that will occur over private or controlled access property and will do

so with the property owner's prior consent. Operations under 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.

Regulations from which the exemption is requested:

■ 14 C.F.R. 61.113(a) and (b)

■ 14 C.F.R. 91.9 (b) (2)

■ 14 C.F.R. 91.109

■ 14 C.F.R. 91.119

■ 14 C.F.R. 91.121

■ 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

■ 14 C.F.R. (91.401 ‐ 91.417)

UAS

We are petitioning for exemption to enable GeoEngineers to operate a DJI Phantom 2, DJI Phantom 3, and a

3DRobotics Aero fixed wing sUAS. These sUAS all weigh less than 15 lbs, have a built‐in capability to limit the

height (400 feet AGL) it flies above the ground, to limit the radius of the distance it flies from the operator

(Visual Line of Sight or 2000 horizontal feet) and to exclude it from Class B, C and D airspace including a no

fly zone feature. Each system also has the failsafe function of the autopilot system, which means when the

communication between the Main Controller and the transmitter is lost, the system will automatically trigger

Return to Home and will land in a safe manner.

The above specifications meet standards listed below, some derived in accordance with the Model Aircraft

Operating Standards:

■ The petitioner 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 populated areas within the sterile area described in the

operator’s manual. Such operations will insure that the sUAS will "not create a hazard to users of the

national airspace system or the public."

■ When flying sUAV within 5 miles of an airport, GeoEngineers shall submit a Plan of Activities to the

local Flight Standards District Office (FSDO) at least 3 days before the planned flight in accordance

with FAA guidelines.

■ Maximum flight time for each operational flight will be 50 minutes.

■ Flights will be terminated at 20% battery power reserve should that occur prior to the 50 minute limit.

■ The sUAS will be programmed so that it will not be operated at an altitude greater than 400 feet AGL.

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

■ The sUAS will operate during daylight hours only.

■ The sUAS Pilot will be the Pilot in Command (PIC) and will be trained in flight operations, Visual Flight 

Rules (VFR), and safety procedures.

■ The sUAS operated by the petitioner weighs less than 15 pounds, including the payload (i.e. camera,

lens, and gimbal) utilizing FCC compliant devices and frequencies (5 GHz, 2.5 GHz, and 915 MHz).

■ The sUAS will operate at speeds of no more than 45 knots.

■ Given the small size of the sUAS and the restricted environment within which they will operate, our

sUAS operations adhere to the Reform Act's safety requirements.

FLIGHT OPERATIONS

Flight Limits

Operators should abide by all state, federal and regulatory agencies requirements for flight. In general, a sUAS 

should not be operated in wind speeds greater than 10 m/s, or in snow, rain, low cloud cover, and fog. It is 
also recommended to avoid all metal structures, power lines, and transmission towers that may interfere with 

the sUAS compass and GPS.

No-Fly Zones

It is the operator’s responsibility to fly safely and abide by all state, federal and regulatory agencies 

requirements. A flight log is required to maintain safe flight operations. An important part of documenting the 

flight log is verifying the area is not within a no-fly zone. Several resources exist online detailing the locations 

of no-fly zones. The following example provides no-fly zones for the area surrounding Seattle, Washington, 

provided by http://flysafe.dji.com/no-fly. It should be noted the use of sUAS inside National Parks is 

prohibited and may not be reflected on the above listed no-fly zone maps, as well as other state, and federal 

facilities.

Several manufacturers utilize onboard GPS restricting flight in no-fly zones. The flight controller has the ability 

to disable take-off, reduce altitude, and automatically land in some situations. With the use of a ground 

station, warnings and restrictions will be displayed on the screen.

When researching no-fly zones, refer to the following websites:

■ http://flysafe.dji.com/no-fly

■ https://www.mapbox.com/drone/no-fly/

■ http://tfr.faa.gov/tfr2/list.html (FAA temporary flight restriction areas)

■ http://flightaware.com/live/ (Live air traffic, weather, and temporary flight restriction areas)

sUAS Checklist

The following safety instructions and checklists are intended to not only protect the sUAS but also people and 

property. Improper operation can cause serious injury and property damage. Proper training, guidance, 

maintenance, and following pre-flight checklist procedures can reduce these risks, and provide equivalent 

level of safety to manned aircraft operations. The pre-flight checklist and flight log must be performed and is 

required prior to each mission.
Pre-Flight Checklist

■ Equipment

 Visually inspect the airframe

 Loose or damaged screws

 Loose or damaged wiring and connections

 Batteries charged, properly installed and secure

 Propellers are tight and in good condition

 Remote control batteries charged

 Camera battery, SD card, secure

■ Pre-Flight

 Notify personnel of flight operations

 Position sUAS in a safe, level location for takeoff

 Verify remote controls move freely

 Set remote control modes

 Turn on remote control

 Turn on sUAS

 Calibrate compass

 Turn on Ground Station app and connect to sUAS

 Verify GPS status and correct LED indicators

 Arm sUAS motors

 Takeoff and hover between 3 to 5 feet

 Start timer for flight time

 Test remote control movements (forward, backward, up, down, left, right)

 Begin mission

Flight Log

Flight logs are important to record training, hours logged, sUAS maintenance schedules, and to provide an 

added layer of safety to flight operations. It is the responsibility of the pilot to ensure the sUAS is airworthy 

and capable to operate in a safe manner. An example flight log is detailed below, and is required prior to any 

mission.
Project Name:

File No:

Date: Site Location:

Pilot/Co-Pilot: Position/Title: Reviewed by: Position/Title:

UAS Checklist: (check the box when complete)

Equipment Pre-Flight Checklist

☐ Visually inspect airframe ☐ Tablet charged ☐ Weather conditions ☐ Clear area

☐ Loose/damaged screws ☐ Camera/SD card ☐ Notify personnel of flight ☐ Arm motors

☐ Loose/damaged wiring ☐ First Aid Kit ☐ Position UAS in safe area ☐ Hover between 3-5 feet

☐ Loose connections ☐ Glasses ☐ Remote control mode set ☐ Start flight timer

☐ Batteries charged ☐ High Visibility Vest ☐ Calibrate compass ☐ Test remote control movements

☐ Propellers in good condition ☐ Hardhat ☐ Connect ground station ☐ Begin mission

☐ Remote control charged ☐ Tools ☐ Verify GPS status ☐ Maintain visual contact

Job Steps Potential Hazards Critical Actions to Mitigate Hazards

Flight Operations

Location ■ Proximity to airports, structures, power lines, etc

■ Maintain visual observation of UAS

■ High altitude flying reduces battery life

Weather ■ Monitor weather, and be aware of changing conditions

■ Avoid flying during periods of high wind

■ Temperature extremes reduce battery life drastically

Malfunctions ■ Locate areas on flight plan for emergency landings

■ Utilize pre-programmed flight modes and return to launch features

Pre-Flight Safety 

Meetings

Injury due to not 

understanding the hazards

■ Hold a pre-work safety meeting with the crew before any flight operations.

■ Carry additional tools, batteries, propellers, first aid kit

Take off/Landing

Possible propeller strike ■ Be alert and cautious at all times.

■ Approach UAS after motors disarmed and powered down.

■ Maintain large radius for take/off and landing.

■ Never exceed payload capacity

■ Never attempt to catch UAS

Fatigue

Exposure to the elements 

during long flying hours

■ Keep aware of hazards at all times.

■ Do not fly for extended times without rest

Communications

Visibility/Inclement Weather ■ Check remote controls, antennas, batteries and radar for weather

Faulty Radios ■ Carry spare batteries.

■ Pre-program ground station for return to launch on radio loss

Emergency ■ Dial 911

■ Hospital Route 

Air Traffic

No-Fly zones ■ http://flysafe.dji.com/no-fly

■ https://www.mapbox.com/drone/no-fly/

■ http://tfr.faa.gov/tfr2/list.html (FAA temporary flight restriction areas)

■ http://flightaware.com/live/ (Live air traffic, weather, and temporary 

flight restriction areas)
Flight Plan

Aircraft: Battery #: Departure Time:

Weather: Departure (%): Return Time:

Wind Speed: Return (%): Time Flown:

Mission:

☐ Reconnaissance ☐ Agriculture Ground Station (yes/no):

☐ Mapping/Surveying ■ ☐ Construction Autonomous(yes/no):

☐ Search and Rescue ☐ Research Elevation:

☐ Videography ☐ Other: Speed:

Flight Path: (mission details, take off/landing locations, additional comments)

Required Control Measures: (check the box when complete)

☐ Conduct a pre-flight safety meeting.

☐ Conduct equipment inspection.

☐ Perform pre-flight checklist

☐ Create flight plan

☐
CONCLUSION

Additionally, GeoEngineers has a high regard to safe operations with an understanding of FARs, pre‐flight

inspections, maintenance and repair, operations within airspace, as well as being trained to high safety

standards.

Under the requested exemption GeoEngineers ensures that all operators have conducted a thorough review

of sUAS education material concerning the systems to be operated in addition to all applicable regulations

and guidance documents; including aeronautical background information such as charts, NOTAMS and

Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management;

Basic sUAS Aerodynamics; Weather factors; Airmanship and Decision‐making and Safe Operating Procedures.

We respectfully request exemption under Section 333 to enable GeoEngineers to operate safe, low‐risk

commercial sUAV operations for the activities stated.

Sincerely,

Nicholas A. Arens

Geotechnical Engineer

GeoEngineers, Inc.

3050 S. Delaware

Springfield, Missouri 65804

(417) 576-1719
EXEMPTION REQUESTS

GeoEngineers, Inc. requests an exemption from the following regulations as well as any additional regulations

that may apply to the operation of the sUAS:

14 CFR 61.113 (a) & (b)

Sections 61.113 (a) & (b) limit private pilots to non‐commercial operations. GeoEngineers proposes that its

sUAS PIC will have complete a flight-training program and at least 15‐Hours of flight time in a safe and

controlled environment prior to operating the sUAS commercially. The airmanship skills necessary to operate

the sUAS do not correlate significantly to the airmanship skills necessary for piloting manned aircraft and,

thus, exemption from the need for the PIC to hold a commercial pilot certificate is requested. Unlike a

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing

on board. The areas of operation will be restricted to jobsites at which third party access is controlled, and all

flights are planned and coordinated in advance. The risks associated with the operation of the sUAS are

diminished from the level of risk associated with commercial operations contemplated by Part 61 when

drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present

level of safety achieved by 14 C.F.R. §61.113 (a) & (b). In addition, the PIC will undergo all necessary security

screenings by the Transportation Security Administration that certificated airmen undergo. The FAA has 

granted exemptions for private pilots to conduct similar operations in Exemptions 11062, 11213, 

11360 and 11447.

14 CFR 91.9

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

during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a

current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft

is in, or preparing for, flight.

14 CFR 91.109

The regulation states, "No person may operate a civil aircraft that is being used for flight instruction unless

that aircraft has fully functioning dual controls." The sUAS System ground‐based control station consists of a

small hand‐held radio transmitter and while it does not offer a second set of "controls", both the student and

instructor can, and will, operate the single set of controls simultaneously. With both student and instructor

having "hands‐on" the controls during flight, we feel that this technique meets the intent 91.109 and provides

an equivalent level of safety.

14 CFR 91.119

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet

to any person, vessel, vehicle, or structure. Since the typical 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 allowing, 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 aircraft, which should be considered in granting the exemption.
14 CFR 91.121

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 400 feet AGL and will not need to

maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter

measurement above the takeoff point is transmitted via radio from the sUAS on‐board computer to the

display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151

The regulation provides that no person may begin a flight 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 are battery operated and the maximum duration of flight from a single battery charge is 12‐45

(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 we meet the reserve energy

requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent

interpretation with the word "energy". We also request exemption from the 30-minute reserve and ask that

our reserve will be to fly the mission to the point of intended landing and have at least a 20% battery reserve

after that.

14 CFR Subpart E (91.401‐ 91.417)

The regulation provides that the operator is primarily responsible 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 aircraft 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 10 hours of flight or manufacturer 

recommendations. Maintenance performed by the PIC is limited to repairing small cracks, replacing

propellers, checking electrical connections and updating software and firmware for the on‐board computer.

All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will

document work performed in accordance with 91.417. We feel that due to the size, construction, and

simplicity of the aircraft, the PIC can ensure an equivalent level of safety.