1



### John R Jurgensen, Company ’s Petition for Exemption for the Event 38 E384 Unmanned Aerial System

FAA Rules Docket: ___________

Submitted on 25 March 201 5
John R Jurgensen, Company 11641 Mosteller Road Cincinnati, Ohio 452 41 Phone: 513

- 490

- 3409 Email: jim.knuckey@jrjnet.com2 

## Table of Contents
Petition Summary ....................................................................................................3 Background ................................................... ..........................................................3 Statutory Authority .................................................................................................5 Basis for Petition ........................................................ .............................................11
E384 Operations Manual * ..................................................................... Appendix A E834 Maintenance Manual* ................................................................... Appen dix B Event 38 Training Syllabus* ................................................................... Appendix C

* Documents were submitted confidentially for proprietary reasons and will not be available to the public3
A. Petition Summary Pursuant with Section 333 of the FAA Modernization and Reform Act of 2012, John R Jurgensen, Company (JRJ) requests exemption from the following Federal Aviation Regulations that are found under Title 14 of the Code of Federal Regulati ons (CFR): Part 21 Subpart H, 45.23 (b), 91.7 (a), 91.9 (b), 91.103, 91.109, 91.119, 91.121, 91.151 (a), 91.203 (a) (b), Part 91 Subpart E (91.40191.417). JRJ seeks expedited approval and exemption from the CFRs listed above in order to operate the E384 Un manned Aircraft System (UAS) for the purpose of gathering high resolution aerial imagery to create 3D information and orthographic photos . Operation of the E384 by JRJ will follow strict operational limitations as outlined in this document and all

recommen dations by the FAA.
B. Background 1. John R Jurgensen, Company
JRJ is a l arge highway construction company and owner of several quarry operations in Ohio, Indiana and Kentucky. The use of a UAV will allow us to provide analysis, monitori ng and reportin g of geographic d ata captured via remote sensing from this small platform rather than from fixed wing aircraft. 2. E384 The E384 UAS is manufactured by Event 38 located in Akron, Ohio. The system consist of a lightweight battery operated aircraft, ground control station, and associated data link equipment. The E384 airframe is constructed of EPO foam with a carbon fiber tail and weighs 5.9 lbs. with a wingspan of 6.2 ft. and total length of 4.3 ft. The E384 is powered by one or two lithium polymer batteri es , depending on duration needed, that drive an electric propeller. It is hand launched, has maximum flight time of 100 minutes,4 and operates at a cruising speed of 27 mph. The ground control station consist of a Turnigy 9XR remote and PC computer which ha ve a maximum data link range of 1 NM. If the E384 loses link with the ground control station or detects a low battery state at any time it will initiate a return

- to

- launch sequence.

The E384 has extensive flight experience and a history of operational success overseas, including flights by over one hundred professional operators on 6 continents. It has been used in Uganda to survey potential land for the construction of a hydroelectric power plant. It has also been used in Greece by the National Techni cal University of Athens to study open

- pit mining. In Belize the Fishery Department started routine flights with the E384 to track illegal fishing in protected waters. More recently in the United States the E384 was flown over three days at the Cleveland A irshow, demonstrating its ability to safely integrate and operate in the National Airspace System ( NAS )

. For additional information on the E384, reference Appendix A (E384 Operations Manual) and Appendix B (E384 Maintenance Manual), which specify manufac turing5 information, aircraft performance, operating limits, normal and emergency procedures, fail

- safe features, and maintenance and inspection procedures. C. Statutory Authority 1. FAA Modernization and Reform Act of 2012, Section 333 Section 333 (a) s tates that the FAA “shall determine if certain unmanned aircraft systems may operate safety in the national airspace system before completion of the plan and rulemaking required by Section 332”. Section 333 (b) then lists several factors that should be con sidered in determining which UAS’ would be eligible for expedited integration into the National Airspace System (NAS). Specifically UAS’ that “as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to the users of the national airspace system or the public, or pose a threat to national security”. If a UAS meets the criteria laid forth in Section 333 (b), Section 333 (c) then gives the FAA t he authority to decide if an airworthiness certification as specified by Title 49 United States Code, Section 44704 is even required for operation. Section 333 (c) specifically states that the FAA can determine “whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of Title 49, United States Code, is required for the operation of unmanned aircraft systems”. Thus, the FAA has the ability to allow a UAS that meets the criteria put forth in Section 33 3 (b) to operate within the NAS without an airworthiness certification as long as the UAS does not pose any hazard or threat to the NAS, public, and national security.6

2. How JRJ meets the criteria laid forth in Section 333 Below are the criteria laid f orth in Section 333 (b) and a detailed description of
h ow JRJ meets each of these criteria.

a. Size, Weight, and Speed The E384’s foam airframe weighs 5.9 lbs., has a 6.2 ft. wingspan, length of 4.3 ft., and operates at cruising speeds of 27 mph. This s mall, lightweight aircraft that operates at relatively slow speeds will pose little hazard to people or structures on the ground, thus making it an exponentially safer alternative to manned, fixed wing aircraft for aerial imaging.
b. Operational Capabili ty The primary function of the E384 is to provide aerial imagery using one of two interchangeable geo

- reference capable still cameras. High resolution data generated from these cameras offer a wide range of applications through analysis, such as 3D models for quarry pile quantities, orthophotos for progress comparisons and topographic maps with contours and ground features for planning pu rposes. The use of the UAV removes personnel from close proximity to heavy equipment and from potential fall hazards.
T he E384 is hand launched on

- site, requiring no runway for take

- off and landing and no transit to and from the site. Once airborne, the E384 will fly at an altitude of 400 ft. AGL or less over the designated mapping zone . Prior to flight, the Pilot in Comma nd (PIC) sets a designated flight area and flight parameters to ensure that the E384 will remain within the confines of the approved site and not7 exceed a maximum altitude 400 ft. AGL. If a critical issue such as a low battery state or a loss of data link is detected at any time the E384 will immediately
execute a return

- to

- launch sequence (Reference Appendix A ). The E384’s small operational footprint and built

- in safety protocol provide a much safer alternative for aerial imaging and would pose a minimal h azard to the NAS or public.

c. Proximity to Airports/Populated Areas Grant of the exemption to JRJ will be subject to the following mandatory conditions, which are based upon operating conditio ns set forth for operation of UAS by public entities pursua nt to Certificates of Authorization, with additional restrictions:

• All operations to occur in Class G airspace.

• Operations to avoid congested or populated areas, which are depicted in yellow on VFR charts.

• Operations to be conducted over private or contr olled

- access property.

• Permission from land owner/controller required before commencing any flight.

• Operations to occur during Visual Flight Rules Meteorological Conditions (VMC).

• Aircraft to remain within Visual Line of Sight (VLOS).

o VLOS guaranteed w ith a cylinder of operation around operator of 1⁄2 nautical miles (NM).

o Cylinder walls may be expanded by observer with ability to control aircraft.8

• Operations to occur during daylight hours.

• Above Ground Level (AGL) altitude to be restricted to 400 feet.

• All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline azimuth of runway centerline measured from runway thresholds.

• Operator will file a NOTAM for each flight.

• All required permissions and permits will be obtained f rom territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.
d. Visual Line of Sight (VLOS) The E384 will be flown in accordance with day Visual Flight Rules (VFR) and only in Vis ual Meteorological Conditions (VMC) during day

- light hours. The E384 will operate within 1 NM and VLOS of the PIC (and the Safety Observer positioned next to the PIC) at an altitude 400 ft. AGL or less. The Safety Observer will be responsible for ensuring that the E384 remains within VLOS at all times and will also assist in spotting potential hazards. 3. Other Relevant Factors

a. Operational Limitations
JRJ has established the following operational limitations for E384 flights over designated sites.

 E384 flights are only permitted over designated sites

 The E384 will operate at or below 400 ft. AGL9

 The E384 will operate within 1 NM and within VLOS of the PIC and Safety Observer

 The Safety Observer will be located next to the PIC and will ensure the aircraft remains within VLOS and assist in spotting potential hazards

 The E384 will operate in accordance with Day Visual Flight Rules and only in Visual Meteorological Conditions during daylight hours

 The duration of each E384 flight shall not exceed 1 00 minutes

 All take

- off and landings will occur on

- site in accordance with the E384 Operations Manual (Reference Appendix A )

 E384 flights will avoid direct overflight of any office or maintenance buildings located on

- site

 All employees working on

- site w ill be thoroughly briefed on E384 operations prior to operations commencing

 E384 operations will be cond ucted by pilots who have , at a minimum , a private pilot certificate and have completed Event 38’s Training Program (Reference Appendix C )

 E384 flights will be cancelled in the event that any aircraft or ground control station equipment is inoperative or not fully functional

 If the PIC or Safety Observer spot a potential hazard, such as a manned aircraft within close proximity to the designated flight area, the PIC will10 immediately land the E384 and operations will only resume after the hazard is clear of the area

 All E384 maintenance will be acco mplished in accordance with the E384 Maintenance Manual (Reference Appendix B)

 Only one E384 will be airborn e at any given time for each designated site

 The PIC will file a NOTAM for E384 flights at each site, providing at a minimum radial/DME , radius, and a date/time group
JRJ will be bound by these limitations for commercial flights after FAA approval of the exemptions laid forth in this petition. JRJ will also follow any guidance from the FAA in accordance with Sec 333 (c) which states that after determining if a UAS meets the criteria for safe operation that the FAA “shall [also] establish requirements for t he safe operation of the” UAS in the NAS.

D. Basis for Petition 1. Name and Address of the Petitioner John R Jurgensen, Company 11641 Mosteller Road Cincinnati, Ohio 45241 Phone: 513

- 490

- 3409 Email: jim.knuckey@jrjnet.com11
2. Specific Sections of 14 CFR from which JRJ Seeks Exemption Below are the sections from which JRJ seeks exemption, with specifics on the extent of relief sought, reason for relief, and why exemption would not adversely affect safety.

a. Part 21 Subpart H

– Airworthiness Certi fication Part 21 Subpart H establishes the requirements for the issuance of an airworthiness certificate. JRJ seeks complete exemption from Part 21 Subpart H pursuant with Section 333, which authorizes the FAA to exempt a UAS from the requirements of an a irworthiness certificate based on consideration of the following: size, weigh t , speed, operational capability, proximity to airports and populated areas, and operation within VLOS. An equal level of safety will be achieved with the operational limitation s established in this document (Reference A .3.a) for all JRJ E384 flights. Specifically that all flights will occur within VLOS of the PIC and Safety Observe r , at an altitude of 400 ft. AGL or less, and only over designated areas . As a result the E384 can safely operate without creating a hazard to any other aircraft, people, or structures on the ground. The combination of the E384’s safe operational history overseas and small, lightweight airframe, in conjunction with
JRJ ’s pilot requirements and operating limitations result in a safer alternative for aerial imagery collection.
b. 45.23 (b)

– Marking Requirements 45.23 (b) requires aircraft to display the roman capital letter “N” with registration number and the words “restricted”, “light

- sport”, “experim ental”, or12 “provisional”, as applicable, on the entrance to the cabin, cockpit, or pilot station in lettering that is between 2 in. and 6 in. in height. The E384 is unmanned and thus has no cabin, cockpit, pilot station, or entrance on which these required markings could be displayed. JRJ , will to the maximum extent possible , comply with the location requirements of 45.27 (a) and the size requirements of 45.29 (f).
JRJ specifically proposes to put the “N” number and the word “EXPERIMENTAL” in the largest l ettering possible on the fuselage of the aircraft in accordance with 45.29 (f) “if no surface authorized to be marked by 45.27 is large enough for full

- size marks, marks as large as practicable must be placed on the largest of the authorized surfaces”.
JR J also proposes placing a flag at the ground control station with the words “EXPERIMENTAL UAS” in 3 in. lett ering. An equal leve l of safety would be maintained by displaying the word “EXPERIMENTAL” on the fuselage of the aircraft and by placing a flag at the ground control station with the words “EXPERIMENTAL UAS”. Since the E384 will always be within VLOS of the PIC (positioned at the ground control station) and flown at a low altitude (400 ft. AGL or less) the markings on the airframe and the flag locate d at the ground control station would allow all parties to visually be informed of the UAS’ operating status.

c. 91.7 (a)

– Civil Aircraft Airworthiness 91.7 (a) states that “no person may operate a civil aircraft unless it is in an airworthy condition”

. JRJ is already seeking exemption for airworthiness Certification (Reference D.2.a.) and thus no FAA standard will exist for13 determining airworthiness. As a result JRJ seeks full exemption from this regulation.
JRJ will achieve an equal level of safety by using E384 Operations Manual and Maintenance Manual (Appendix A and B ) which contain pre

- flight protocol for each flight, safety checks, and comprehensive maintenance procedures. In addition the E384 has already demonstrated the ability to fly safely in the NAS at the Cleveland Airshow, and thus is airworthy.
d. 91.9 (b)

– Civil Aircraft Flight Manual in the Aircraft 91.9 (b) states that no person may operate an aircraft unless there is a current approved flight manual for the aircraft onboard. The E38 4’s small and lightweight airframe is not physically capable of carrying an aircraft flight manual onboard. In addition to this the E384 is unmanned, and the PIC is located at the ground control station. JRJ thus seeks exemption from the requirement to carry the aircraft flight manual onboard. JRJ instead proposes that the E384 Operations Manual (Reference Appendix A ), which contains information normally found in an aircraft flight manual, be kept at the ground control station where is readily assessable to the PIC and Safety Observer for reference. If it were physically possible for these required documents to be placed onboard the aircraft, the PIC and Safety Observer would have no means of accessing the information due to the fact that E384 is unmanned with no aircrew onboard. Therefore an equal level of safety will be meet by keeping the E384 Operations Manual at the ground control station where it will be readily accessible14 (within arm’s reach) to the PIC who is operating the aircraft, thus meeting the intent of the regulation.

e. 91.103

– Preflight Action 91.103 requires that the PIC be familiar with specific information before each flight such as weather, forecast, and fuel requirements. In addition to this the PIC must be familiar with information found within the approved flight manual relating to aircraft performance and take

- off and landing distances. Due to the fact that the E384 has no FAA

- approved flight manual JRJ seeks exemption from this regulation. JRJ proposes to use the E384 Operations Manual (Reference Appendix
A ) in lieu of an FAA

- approved flight manual. This publication has extensive pre

flight checklists that include reviewing weather, battery requirements, take

- off and landing distances, and aircraft performance data.
The informati on found in the E384 Operations Manual is comparable to the information found in a FAA

- approved flight manual, to include a comprehensive step

- by

- step pre

- flight checklist. As a result an equal level of safety will be maintained by the PIC using this publi cation, which addresses the items listed in 91.103. f. 91.109

– Flight Instruction 91.109 states that “no person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls”. The
E384 is operated by the PIC through a ground control station that communicates with the aircraft via line of sight (LOS) transmissions. The E384 by design does15 not have fully functioning dual controls and as a result JRJ seeks exemption from this regulation. Exemption from this regulation requiring dual controls will not create a safety hazard because the E384 is unmanned and does not carry a pilot or passengers on board. In addition the E384’s small size and foam airframe is significantly less hazardous to pe rsons and structures on the ground than a manned, fixed

- wing aircraft. Because the E384 ground control station consist of a RX9 controller and PC computer, it will be accessible to both the Instructor and
Student at all times. The “controls” can in essen ce be passed back and forth between the Instructor and Student, achieving an equivalent level of safety as having two sets of controls.

g. 91.119

– Minimum Safe Altitude 91.119 establishes the minimum altitude that civil aircraft may safely operate a t. 91.119 (c) specifically states that over “other than congested areas” a civil aircraft cannot operate below an “altitude of 500 feet above the surface, except over open water or sparsely populated areas (and) in those cases, the aircraft may not be oper ated closer than 500 feet to any person, vessel, vehicle, or structure”. The sole function of the E384 is to fly at low altitudes over mapping

zone s, which can be categorized as “other than congested areas”. Small UAS’, like the E384, by design are typical ly flown at altitudes of less than 500 ft. AGL and in close proximity to the PIC and Safety Observer to maintain VLOS. JRJ has16 established operating limitations to achieve the highest level of safety, specifically that the E384 will not operate above 400 f t. AGL and that the E384 will remain within VLOS of the PIC and Safety Observer. For these reasons JRJ seeks exemption from this regulation. An equivalent level of safety will be maintained by only operating the E384 over designated sites (Reference 3.C. b). In addition the E384’s small size and foam airframe is significantly less hazardous to persons and structures on the ground than a manned, fixed

- wing aircraft providing the same service. Also by operating at an altitude of 400 ft. AGL or less the E384 will be laterally separated from manned aircraft that are subject to this minimum safe altitude regulation and thus an equal if not greater level of safety will be maintained.

h. 91.121

– Altimeter Settings 91.121 requires aircraft to maintain a cruis ing level or flight level in reference to a current reported altimeter setting. The E384 is not equipped with a programmable altimeter but rather determines location and altitude via an onboard GPS. Also since the E384 will be operating at or below 400 ft. AGL, there is no need to maintain hemispherical cruising altitudes for de

- confliction with manned aircraft. For these reasons JRJ seeks exemption from this regulation. An equal level of safety will be achieved through the E384’s GPS, which provides alti tude and location data to the PIC via the ground control station. The E384 Operations Manual specifically addresses checking the GPS read

- out to ensure that it’s within tolerance prior to commencing flight operations. This,17
combined with the fact that the aircraft’s altitude will be visually monitored by the PIC and Safety Observer, ensures an equal level of safety is attained in lieu of referencing an altimeter setting. Furthermore by operating at or below 400 ft. AGL the E384 will not create a hazard to a ny manned aircraft maintaining hemispheric cruising altitudes based on a current altimeter setting. i. 91.151 (a)

– Fuel Requirements for Flight in VFR Conditions 91.151 (a) states that no person may begin a flight in Day VFR conditions unless there is e nough fuel to fly to the intended landing point and fly for 30 minutes after that point is reached. The E384 is battery operated and does not carry fuel. It has a maximum flight time of 100 minutes on fully charged batteries. Compliance with the regulation would leave the E384 with 70 minutes of flight time. 70 minutes of flight time would be sufficient enough to accomplish the task of imaging the designate mapping zone but this restriction is not necessary due to the fact E384 has the ability to land anywh ere. Therefore JRJ seeks full exemption from this regulation because the risk or danger associated with failing to reach a safe landing point with 30 minutes of extra “fuel” does not exist. The E384 does not have to return to a “landing point” but rather c an be safely put down within the mapping zone

. An equal level of safety will be maintained simply by the fact that the E384 is designed to safely land within the mapping zone in the event that the battery is exhausted. Any risk associated with battery dura tion (fuel) in

r elationship to flight time is mitigated by the fact that E384 has the ability to land anywhere and at any given time.18 j. 91.203 (a) & (b)

– Civil Aircraft: Certifications Requirements 91.203 requires all civil aircraft to have “within it ...an appropriate and current airworthiness certificate” that must be “displayed at the cabin or cockpit entrance so that is legible to passengers or crew”. JRJ is already seeking exemption from the airworthiness certificate regulation and thus requires an

e xemption from this regulation. In addition the E384 due to its size and design has no cabin or cockpit and therefore does not have the ability to affix or carry certification or registration documents. Furthermore the E384 does not carry any
passengers or crew for whom the certificate is required to be displayed. JRJ proposes that any FAA

- required documents be kept at the ground control station and that a small placard be affixed to the E384 airframe with manufacture, registration, and contact information. An equal level of safety will be achieved by having any FAA required documents located at the ground control station where it will be readily accessible to the PIC and any other agencies that may require the information. Having a placard attached to the E384 airframe will also allow any person or agencies to be informed of the UAS’ origin and status.
k. Part 91 Subpart E (91.401
- 91.417)

– Maintenance, Preventative Maintenance, and Alterations These regulations provided the maintenance and inspections r equirements in reference to Part 39 and Part 43. 91.405 (a) specifically states that “no person may perform maintenance, preventive maintenance, and alterations on an aircraft other than as prescribed in this subpart and other applicable regulations, inclu ding19 part 43 of this chapter”. JRJ seeks full exemption from these regulations due to the fact that these sections apply to an aircraft with an airworthiness certificate for which JRJ is already seeking exemption. An equal level of safety will be achieved by using the E384 Operations Manual (Reference Appendix A ) and E384 Maintenance Manual (Reference Appendix B ) which provide step

- by

- step instructions on regular and corrective maintenance. The PIC will be responsible for conducting maintenance in accordan ce with these procedures. Any E384 maintenance that is not covered in these procedures will be performed by the manufacturer. JRJ will ensure that all maintenance performed on the E384 by the PIC and manufacturer is documented in accordance with 91.407 (a) (1). Specifically that the records will include “a description of the work performed; and the date of completion of the work performed; and the signature...of the person approving the aircraft for return to service”. The PIC will authorize the E384 for retu rn to service for all maintenance covered in the E384 Operations Manual and Maintenance Manual and the manufacturer will authorize the E384 for return to service for all maintenance that is outside the scope of these two documents. JRJ will also ensure tha t no modifications or alterations are made to the airframe that affect the flight operating characteristics of the E384. 3. How request benefits public as a whole The E384 is a safe, efficient, and an economical alternative to manned, fixed wing aircra ft that are currently being used to conduct aerial imaging of mapping zone s. There are a three major reasons why the public would benefit from granting JRJ exemptions20 from these regulations. Authorizing E384 flights over designated sites would 1) reduce th e number of manned aircraft in the NAS, 2) reduce air and noise pollution and 3) reduce the risk to life and property on the ground

. Utilizing the E384 in lieu of a traditional manned, fixed wing aircraft will result in the overall reduction of manned air craft in the NAS. Thus there will be less aircraft that require control and coordination with Air Traffic Controllers (ATC). Because the E384 can take

- off and land on

- site and operate at an altitude of 400 ft. AGL (or less) within VLOS of the PIC there is no need for ATC to provide coordination during ground, takeoff, departure, transit, arrival, and landing phases of flight. As the skies over the United States get busier and busier, any small effort to lighten the load of the Air Traffic Controllers would be of great benefit to the public. At 5.9 lbs. the battery operated E384 with an electric motor provides a much quieter alternative to manned, fixed

- wing aircraft. Traditionally a manned aircraft would have to transit from the departure airport to the de sired site and fly at low altitudes to achieve high

- resolution imagery. The E384 will require no transit time, and the electric motor will be exponentially quieter than a twin

- engine combustion motor on passenger aircraft that is typically used to conduct aerial imaging. In addition the E384 requires no fuel since it is battery operated. A manned aircraft on the other hand typically burns 2030 gallons of aviation fuel per hour which is polluting the air not only over the site but over the path of transit an d around the airport. Conducting aerial imaging with the E384 in lieu of a manned aircraft would thus greatly reduce both air pollution and noise pollution which is of great benefit to the public.21 Using the E384 would also greatly reduce if not completel y eliminate the risk to life and property on the ground. The E384’s incredibly small size, reduced weight, and foam airframe pose no hazard to people or structures on the ground as opposed to a manned twin engine

- passenger aircraft which has a much greater potential for collateral damage. In addition the E384 is unmanned and as a result the risk associated with piloting this aircraft is non

- existent. Overall the E384 provides a much safer alternative to manned, fixed

- wing aircraft operations for the purpose of collecting aerial imagery. 4. Additional information, views, and arguments The following documents have been included as Append ices to this Petition. Appendix A , B , and C have been submitted confidentially for proprietary reasons and will n ot be ava ilable to the public.

• E384 Operations Manual (Appendix A )

• E384 Maintenance Manual (Appendix B )

• Event 38 Training Syllabus (Appendix C ) 5. Summary for Federal Register Pursuant with Section 333 of the FAA Modernization and Reform Act of 2012, John R Jurgen sen, Company requests exemption from the following Federal Aviation Regulations that are found under Title 14 of the Code of Federal Regulations: Part 21 Subpart H, 45.23 (b), 91.7 (a), 91.9 (b), 91.103, 91.109, 91.119, 91.121, 91.151 (a), 91.203 (a) (b), Part 91 Subpart E (91.401

- 91.417). Exemption from these regulations would allow John R Jurgensen, Company to operate the E384 Unmanned Aerial System

over quarries and construction sites for the purpose of providing high

- resolution aerial imagery of mapping zones.