December 9 , 2015

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

Re: Exemption Request Section 333 of the FAA Reform Act

The name and address of the applicant is:

Hoyle, Tanner & Associates, Inc.

150 Dow Street Manchester, NH 03101

PH: 603 669 5555, ext 158
Email rfurey@ hoyletanner.com www.hoyletanner.com

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and
14 C.F.R. Part 11, Hoyle, Tanner & Associates, Inc ., a planning and engineering company, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs'') to allow commercial operation of its Small Unmanned Aircraft Systems ("sUAS" ) for aerial imaging for safety, inspection, and monitoring of comm ercial and residential structures, utility and transportation infrastructure, including highways, bridges, airports and construction sites, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As detailed in this document and the X8+ Flight Manual, the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide enhancements to best practice safety protocols followed by Hoyle, Tanner & Associates, Inc at each one of its consultation sites. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (t he FAA Administrator’s) responsibilities to "...establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act.

The sUAS platform to be used is the 3D Robotics

– X8+ and X8

- M Quad copter. The X8+ Quadcopter is geared towards aerial photo, aerial mapping, filming, and inspections. The system

1has an average flight time of 15 minutes, can fly at very low altitudes and at slow speeds. The X8+ Quadcopter weighs 5.6 lbs., the frame is made of strong aluminum which keeps the sUAS light enough to maximize aerial mobility. If the X8+ loses link with the ground control station or detects a low battery state at any time it will initiate a return

- to

- launch site landing sequence.

For additio nal information on the X8+, reference the X8+ Operation Manual.

I. DESCRIPTION OF PROPOSED OPERATIONS

The requested exemption would permit commercial operations by Hoyle, Tanner & Associates,

Inc , specifically to get compensated for providing precision aeri al inspections or surveys that consist of still photographs or video taken by an onboard camera. Operations and applications we seek for this sUAS and associated data processing functions include aerial photography, mapping, structural inspections, real e state marketing, vegetation and airport aerial approach obstruction surveys and other flight operations that could be performed safely and more cost effectively with the use of sUAS at low altitude within the U.S. national airspace system as compared to a manned aircraft. Use of sUAS for these operations reduces the need to operate conventional aircraft or other equipment for the same purpose and provides very high quality imagery at a fraction of the cost of the same operations using conventional means. Likewise, inspections of structures can be safely performed without endangering the inspector or inhibiting local industrial or public operations with ladders, lifts or other equipment. These savings result in enhanced efficiency and productivity for the affected activities, as well as environmental benefits and potential savings in both cost and hazards to the public.

The use of sUAS during a transportation or utility infrastructure inspection can significantly reduce

the risk to workers of falls while i nspecting, surveying or monitoring site progress. Aeronautical surveys of airport imaginary surfaces can quickly assist the owner in determining obstruction impacts and the need to mitigate or confirm that mitigation of those obstructions (lowering or lig hting) is effective. sUAS can inspect, photograph, and collect data on hard to get to areas that otherwise would require worker inspection .

The proposed sUAS operations will be limited to daytime Visual Flight Rule (“VFR”) conditions,

within visual li ne

- of

- sight ("VLOS") of the operator, and will occur at least 5 miles away from an airport, except and unless NOTAMS have been filed and approvals received from the Airport Manager, and/or local Flight Standards District Office, (FSDO) and applicable Air T raffic Control

Facilities . Additional certificates of authorization will be applied for, when applicable, to facilitate airport obstruction identification.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for

aerial imaging and data collection over a structure, airport or construction site. Our sUAS use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier. Therefore noise and emi ssions are greatly reduced.

Specific Regulations from which the exemption is requested:

14 C.F.R. Part 21 Subpart H

- Airworthiness Certificates

14 C.F.R. 45.23

- Display of marks; general 14 C.F.R. 61.113 (a) & (b)

- Private pilot privileges and limitations: Pilot in command 14 C.F.R. 91.7 (a)

– Civil Aircraft Airworthiness 14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

214 C.F.R. 91.9 (c)

– Marking of Aircraft

14 C.F.R. 91.103

– Preflight Actions
14 C.F.R. 91.109

– Flight instru ction

14 C.F.R. 91.119

– Minimum safe altitudes: General

14 C.F.R. 91.121

– Altimeter settings

14 C.F.R. 91.151

– Fuel requirements for flights in Visual Flight Rules (VFR) conditions 14 C.F.R. 91.203 (a)(1)

– Civil aircraft: certification required

14 C.F. R. 91.405

– Maintenance required
14 C.F.R. 91.407

– Operation after maintenance, preventative maintenance, rebuilding, and alteration
14 C.F.R. 91.409

– Inspections

14 C.F.R. 91.417

– Maintenance records

1. Hoyle, Tanner & Associates, Inc. seeks exemption fr om the requirements of 14 CFR Part 21, Subpart H: Airworthiness Certificates and 14 CFR § 91.203(a) (1)

Section 91.203(a) (1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 9 1.203(a)(1). Given the size of the aircraft (typically less than 10 lbs., and always less than 55 lbs.) and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 S ubpart H to achieve or exceed current safety

levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11

and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform

Act both authorize the F AA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved.

In this case, an analysis of these crite ria demonstrates that the sUAS operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness

certificate. The sUAS wei ghs less than 10 lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an area pre

disclosed and in compliance with conditions set forth herein. Operations under this exemption will b e tightly controlled and monitored by both the operator, and by local public safety requirements. The FAA will have advance notice of all operations through the filing of NOTAMs. Receipt of the prior permission of the land owner, the size of the aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level of safety. The sUAS provides at least an equivalent, and most likely exceeds, level of safety to that of such ope rations being conducted with conventional aircraft that would be substantially larger and would be carrying passengers, cargo, and flammable fuel.

2. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 CFR § 45.23 & 91.9(c): Marking of the Aircraft

Regulation 45.23 provides : ( a ) Each operator of an aircraft must display on that aircraft,

3marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each suf fix letter used in the marks displayed must also be a Roman capital letter. (b) When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

sport category aircraft or experimental or provisi onally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “exp erimental,” or “provisional,” as applicable.

Regulation 91.9(c) provides: No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

The sUAS has no entrance to the cabin, cockpit, or pilot station on which the markings can be placed. Given the size of the sUAS, two

- inch lettering will be impossible. Official marking systems for sUAS have not yet been established for operations inside the NAS. Hoyle, Tanner & Associates, Inc. is prepared to mark the sUAS with the name of the organization and location or origin and fulfill any other request by the FAA to this topic in accordance to § 45.29(f) where the pilot, observer, and others working with t he sUAS will see the identification of the sUAS. The FAA has issued the following exemptions to this regulation; see Exemption Nos. 8738, 10167, 10167A and 10700.

3. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 CFR § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of sUAS without an airworthiness certificate, no standa rd will exist for airworthiness of the sUAS. Given the size of the sUAS and the previous COAs issued for similar sUAS, an equivalent level of safety will be achieved by ensuring compliance with the given sUAS manuals and use of safety checklists prior to each flight.

4. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation provides: No person may operate a U. S.

- registered civil aircraft . (2) For

which an Ai rplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

G iven the size of sUAS, they have 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 achieved by keeping the flight manual at the ground control point where the PIC flying the sUAS will have immediate access to it. The FAA has issued to others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 929 9A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

45. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 CFR § 91.103: Preflight action

This regulation requires each PIC to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be pro vided by following a comprehensive preflight checklist. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

6. Hoyle, Tanner & Assoc iates, Inc. seeks exemption from the requirements of 14 CFR § 91.109: Flight Instruction

Section 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instru ction unless that aircraft has fully functioning dual controls." sUAS and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the air craft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Given the size and speed of the sUAS that Hoyle, Tanner & Associates, Inc. intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the sUAS, and all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. The FAA has appr oved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.

5778K & 9862A.

7. Hoyle, Tanner & Associates, Inc. seeks exemption from the requiremen ts of 14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500
feet above the surface, ex cept over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle,

or structure.

Because aerial survey, mapping and inspection work must be accomplished at relatively

lo w altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c)

is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with which sUAS are built. Also, no flight will be taken witho ut the permission of the land owner or those who control the land. Because of the advance notice to the landowner, all affected individuals will be aware of the flights. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than 55 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed,

5the low

- altitude operations of the sUAS will maintain separation between these sUAS operations and the operations of conventional aircraft that must comply with Section

91.119.

8. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 CFR § 91.121: Altimeter Settings

Section 91.1 21 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 departure airport or barometric pressure. Some sUAS have a barometric pressure sensor, while others on ly use GPS for elevation or altitude. When a barometric pressure sensor is on the sUAS, it is typically “zeroed” at the point of take

- off; this is right next to the PIC and not at a departure airport. The altitude reading will be relative to that point (on the ground) and

not a known elevation.

The equivalent level of safety will be achieved by the PIC confirming the elevation or altitude of the launch site. The altitude of the sUAS will also be displayed via telemetry on

the Ground Station and will be con stantly monitored by the PIC during the entire flight operation.

9. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beg inning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

– (1) During the day, to fly after that fo r at least 30 minutes; or (2) At night, to fly after that

for at least 45 minutes.”

The different sUAS batteries provide a variety of powered flight times. An exemption from §14 CFR 91.151 is therefore required.

The applicant believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the sUAS, without 30 min utes of reserve fuel does not prompt the type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the sUAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. In the unlikely event that the battery on the sUAS should run out, it would simply land. Given its weight and construction material, the risks are less than contemplated by the current regulation.

The applicant believes that an equivalent level of safety can be achieved by ma intaining 20% of reserve battery, which would be more than adequate to return the sUAS to its planned landing zone from anywhere in its operating area.

The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745,

10673 and 10808.

610. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 CFR § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows: (a) ... no person may operate a civil aircraft unless it

has . .. an appropriate and current airworthiness certificate. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the c abin or cockpit entrance so that it is legible to passengers or crew.

The sUAS fully loaded typically weighs less than 10 lbs., and always less than 55 lbs. As such, there is no ability or place to carry certification and registration documents or to

dis play them on the sUAS. In addition, there is no pilot on board the aircraft.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the PIC flying the sUAS will have immediate access to them. The FAA

h as issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and

10700.

11. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14

CFR § 91.405(a); 407(a)(1); 409(a)(1) and (2); 417(a) and (b): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspect ions, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ...” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a) (2) requires an annual inspection fo r the issuance of an air worthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approv al of the

aircraft for return to service.

The sUAS are nearly maintenance free, they perform automatic pre

- flight checks and the failure of any check will prevent takeoff. Checks that cannot be done by the system will be performed by a qualified person p rior to each flight and at predefined intervals as part

of a maintenance schedule.

Pre

- flight checklist includes: 1. Visual inspection of the airframe 2. Visual inspections of rotor integrity 3. Check charge of all batteries (aerial vehicle, command s tat ion, radio repeater station)

II. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress ' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption the FAA

7will fu lfill Congress's intent of allowing UAS to operate with significant safety precautions in low

risk environments.

The use of sUAS during a transportation or utility infrastructure or construction inspection can significantly reduce the risk to workers while inspecting, surveying or monitoring site progress. Aeronautical surveys of airport imaginary surfaces can quickly assist the owner in determining obstruction impacts and the need to mitigate or confirm t hat mitigation of those obstructions is

effective. sUAS can inspect, photograph, and collect data i n hard to get to areas that otherwise would require worker inspection.

sUAS c an replace the use of helicopters and small aircraft to complete aeronautical surveys. The sUAS we propose to fly in this application are under 10 pounds, and carry no combustible material on board, as opposed to the much larger conventionally powered small aircraft. Shifting to sUAS

from manned fixed wing or helicopters depending on the mission profile presents a marked safety increase for our workers and the public.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collec tion over a structure, airport or construct ion site. Our sUAS use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier. The noise and emissions associated with manned

aircraft will not occur.

III. EQUIVALENT LEVEL OF SAFETY

Hoyle, Tanner & Associates, Inc

. proposes that the exemption requested apply to sUAS that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or ev en higher level of safety to operations under the curr ent regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed during structure and construction inspections and imaging and surveying ope rations conducted with helicopters and other conventional aircraft.

Hoyle, Tanner & Associates, Inc

. will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption:

1. The sUAS will be less than 10 pounds maximu m gross takeoff weight

. 2. Flights will be operated within visual line of sight of an FAA certificated pilot

. 3. Maximum total flight time for each operational flight will be 15 minutes. The UAS calculates battery reserve in real time, and will return to its gr ound station with at least 20% battery power reserve should that occur prior to the 15 minute limit.

4. Flights will normally be operated at an altitude of 200

- 300 feet AGL, never exceeding 400

feet AGL.

5. Any site within 5 miles of an airport will not be flown without notification and written approval of the local Airport Manager . Air Traffic Control will be notified when appropriate.

6. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his

visual li ne of sight at all times and a trained observer.

7. The sUAS Pilot will hold a current FAA pilot certificate. The pilot as well as the observer will be trained in flight, operations

, and safety procedures.

88. The sUAS will only operate within a designated operations safety p erimeter (OSP) as depicted on the mission profile map.

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day's production activities. It will be mandatory that all personnel who wi l l be performing duties

within the boundaries of th e OSP be present for this briefing.

10. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will obtain additional verbal or written consent of all persons who will be allowed within

1 00 feet of the OSP

. 11. The Pilot will have been trained in operation of UASs generally and received up

- to

- date information on the particular sUAS to be operated.

12. Written and/or oral permission from the relevant property holders will be obtained.

13. A ll required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

14. If the sUAS loses communications or loses its navigation signal, it will have capability to

reestablish radio c onnection, and return to a pre determined landing location within the

OSP.

IV. PRIVACY

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

Conclusion

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

-- size, weight, speed, operating capabilities, controlled operating environment 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 applicant's sUAS in the planning and engineering industry.

Hoyle, Tanner & Associates, Inc. respectfully requests that the FAA grant the requested exemption and are prepared to modify or amend any part of this request to satisfy the need fo r an equivalent level of safety. We look forward to working with your office. If additional information or clarification is needed, please feel free to contact us

.

Respectfully Submitted,

HOYLE, TANNER & ASSOCIATES, INC.

Robert M. Furey , PE
Senior Vice President

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