E LECTRONIC S UBMISSION

May 19 , 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Docket Number: FAA

- 2015

-

___________ Petitioner: Southern Forestry Consultants, Inc.

— Jason P. Suggs
Part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2 ), 417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). Description of Relief Sought: Southern Forestry Consultants, Inc. seeks an exemption to conduct commercial acquisition of aerial data using unmanned aircraft systems.

Dea r Sir or Ma dam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (herein referred to as FMRA) and 14 CFR Part 11, Southern Forestry Consultants, Inc. ( SFC) hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of UAS for the acquisition of aerial data, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA.

As detailed in this document and the attached Appendix of UAS, the requested exemption would permit the operation of UAS under controlled conditions in the United States. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities to “...establish require ments for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) Reform Act.

SFC is submitting this petition on its own behalf. SFC will amend its petition to meet any additional standards for the integration of small UAS operation into the NAS.

N AME AND A DDRESS OF A PPLICANT :
Southern Forestry Consultants, Inc.
Jason P. Suggs

- GIS Manager
305 West Shotwell Street Bainbridge, GA 39819 Telephone: 229

- 246

- 5785
Email: js uggs@southernforestry.net

1

## D ESCRIPTION OF THE 

## P ETITIONER

Southern Forestry Consultants, Inc . (SFC) is a multidisciplinary forestry, wildlife, environmental, recreational and real estate consulting firm of experienced professionals who provide complete land and natural resource management service s to a broad array of clients.

SFC specializes in forest, wildlife recreation, and environmental management. SFC has a sister company, Southern Forestry Realty, Inc. (SFR) that deals with land and farm sales. The en tire SFC staff works closely with property owners to ensure that their land management objectives are met. Natural resource issues ranging from traditional forestry, wildlife and recreation management, agriculture, to compliance with Best Management Practices (BMP), to recognition, identification, location and relocation of endangered species, to wetlands delineation and permitting, are managed in a way so that client objectives and natural resources protection are ensured. Clients served by SFC
inclu de private landowners, forest products companies, agricultural producers, utility companies, real estate investment groups, trust fund managers, attorneys, banks, universities, governmental agencies, and non

governmental organizations.

SFC provides managem ent recommendations to its clients based on the most up to date information available. Unmanned aircraft (UA) will provide cost

- effective, low

- risk, actionable data to SFC staff and clients for forestry, wildlife, mining, and agricultural activities. To that end, SFC seeks an exemption to use UASs for agricultural survey, wildlife survey, aerial photography, and forest/agricultural inspection.



## O PERATIONAL 

## P ARAMETERS

SFC seeks to commercially operate a variety of UAS s weighing less than 15 pounds includin g payload , at a speed of no more than 40 mph, in the United States for the purpose of acquiring aerial data. No SFC UASs will carry flammable liquid fuel. The Appendix attached to this exemption petition lists the aircraft that SFC contemplates operating. All UASs are equipped with GPS and auto

- return to home feature in the case of

communications link failure. System redundancies are described in the Manufacturer’s Manual. The UASs will only be operated within visual line of sight (VLOS) of an experienc ed pilot (PIC) and visual observer (VO) at all times. UAS operations will take place below 400 feet above ground level and only over privately owned, unpopulated forestland and agricultural fields. This type of operation will insure that the UASs will “n ot create a hazard to users of the national airspace system or the public.”

– Reform Act Section 333 (b).

Given the small size, safety features, and restricted environment in which they will operate, this application falls within the framework of Congress’s m andate to accelerate integration of commercial UAS operations into the national airspace by exemption.

All SFC UASs will be operated under the following conditions and limitations :

1. Flight op erations will occur only in Class E or Class G airspace

. 2. Flight operations will be limited to the UAS listed in the Appendix

. 3. Flight operations will not occur for the purpose of closed

- set motion picture and television filming

. 4. Flight operations will occur at no more than 400 feet above ground level and will never ente r navigable controlled airspace without prior written authorization and approval from the FAA.

5. No UA will be operated at a speed exceeding 87 knots. UA will never be operated at airspeeds exceeding the manufacturer’s maximum operating speed recommendation.

26. Flight operations will occur using an electric power source

. 7. Flight operations will not risk the safety of the PIC or VO, or fly over any members of the general public

. 8. Flight operations will avoid congested or populated areas, which the FAA designates as yellow on VFR

charts

. 9. Flight operations will be operated within VLOS, with one PIC and one ground

- based VO within an

audible distance of the PIC

. The PIC must use human vision unaided by any device other than corrective

lenses.

10. Flight operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flight operations will not be conducted

within a 5 NM radius from the center of any FAA designated airport

. 11. Flight operations will only be conducted with permission from the land owner , property manager, or authorized representative.

12. SFC will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to con ducting any operations under this grant of exemption. This COA will require SFC to request a Notice to Airman ("NOTAM") with an appropriate ATC facility between 48 and 72 hours before the flight.

13. All operating documen ts needed to safely operate the UAS wil l be accessible during UAS operations

and made available to the Administrator upon request . The operator will also present updated and revised documents if it petitions for extension or amendment.

14. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight prior to conducting further operations.

15. SFC is responsible for maintaining and inspecting the UAS to ensure that it i s in a condition for safe operation.

16. Prior to each flight, the PIC will conduct a pre

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

17. SFC will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

18. If the UAS loses communications or loses its GPS signal, the aircraft will retu rn to a pre

- determined location within the area of operation and land safely.

19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

20. Maximum total flight time for each operational flight will be limited to the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 20%.

21. Flights will be operated at a lateral distance of at least 500 feet from any 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. Flight will be terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. At no time will the UAS be conducted so close to persons or objects to present an undue hazard to the PIC or Observer, per §91.119(a).

22. Prior to the operation, there will be a Mission Plan setting fort h the operational limitations and conditions for the mission, as well as key personnel contact information and a description of any potential hazards on or in the vicinity of the survey site.

23. PICs and VOs will have at least a valid U.S. driver ’ s license.

324. T he UA shall remain clear and yield the right of way to all other manned operations and activities at all

times

. 25. The UAS will not be operated by the PIC from a moving device or vehicle

. 26. Any incident, accident, or flight operation that transgresses the later al or vertical boundaries of the operational area as defined by the applicable COA will 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

.



## S TATUTORY 

## A UTHORITY 

## F OR 

## E XEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including UAS, from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed unde r 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 USC §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 91.203(a) (1).

Section 333(b) of the Refo rm Act assists the Secretary in determining whether UAS may operate in the national airspace system without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider:

• The UAS’ siz e, weight, speed and operational capability;

• Whether the UAS operates within the visual line of sight of the operator;

• Whether the UAS operates outside of highly populated areas and away from close proximity to airports.

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



## D ESCRIPTION OF 

## S PECIFIC 

## R EGULATIONS

14 CFR 21 : A IRWORTHINESS C ERTIFICATES

SFC requests an exempt ion from Section 14 CRF Part 21, which requires the issuance of an Airworthiness Certificate for flight operation, while the FAA is still carrying out re search and development for UAS standards and regulati on.

SFC’s UASs weigh less than 15 pounds, fully loaded. They will not carry fuel or passengers, and will obey the operational parameters previously outlined in this exemption petition. We assert that the SFC UAS s , as compared to manned aircraft, significan tly reduces the risk to crew, passengers, property, and the general public

due its small size and operational parameters outlined above.

4SFC UAS s do not need a means to communicate with other aircraft or ATC, because those capabilities will be possessed by the PIC and Observer, who are not onboard the UAS. See G rant of Exemption,

Docket FAA

- 2 014

- 0352 at 13. In addition, sense

- and

- avoid technology is not necessary for the UAS because it will be operated at all times in VFR conditions and within VLOS of the PIC and Operator.

In the event that the FAA requires SFC to obtain an Experimental Airworthiness Certificate or traditional Airworthiness Certificate in order to receive an exemption from Section 333, we request an opportunity to pursue such a certificati on.

14 CFR 45.23 : M ARKING OF THE AIRCRA FT

Subsections (a) and (b) for 14 CFR 45.23 require that the operator of the aircraft display the registration number on the side of the aircraft, and at various positions "near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inc hes nor more than 6 inches high”

. SFC UA have no cabin, cockpit, passengers, or crew. SFC proposes to keep all registration and identification information with the PIC and VO at the ground station.

Subsection (b) requires that certain experimental, provisionally certified aircraft, or light

- sport category aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted,” “light

- sport,” “experimental,” or “provisional,” nea r each entrance to a cabin, cockpit o r pilot station. Even though SFC UA will have no airworthiness certificate, an ex emption may be needed as the UA will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be p lace d. Given the size of the UA , 2 inch lettering may be impossible. SFC will mark the UA as practicable.

14 CFR 61.113( A ) & ( B ): P RIVATE PILOT PRIVILE GES AND LIMITATIONS : P ILOT IN COMMAND

Sections 61.113(a) and (b) limit private pilots to non

- commercial operations. Because SFC UA will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the pilot operating the aircraft to have completed a n in

- house training program specif ic to the aircraft

. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled. The area of operation is controlled and restricted, and al l flights are planned and coordinated in advance. The risks associated with the operation of the UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b). Should an in

- house training program not fulfill the requirements for exemption, SFC will make any neces sary modification and provide a licensed pilot with a

minimum recreational

, sport , or private pilot certification.

14 C.F.R. § 91.7( A ): C IVIL A IRCRAFT A IRWORTHINESS

SFC seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be op erated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the

5requirements of Part 21 are waiv ed or found inapplicable. See Grant of Exemption to Astraeus Aerial, Docket

No. FAA

- 2014

- 0352 at 13

- 14, 22.

14 CFR 91.9 ( B ) (2): C IVIL AIRCRAFT FLIGHT MANUAL , MARKING AND PLACARD REQUIREMENTS

The size and configuration of SFC UASs restrict the ability to carry a flight manual on board the aircraft during operation. SFC UAS does not carry passen gers or crew and would not benefit from an on board flight manual. Operating manuals will be kept with the PIC at the ground control station, which will maintain an equivalent level of safety.

14 CFR 91.103: P REFLIGHT ACTION

This regulation requires each pilot in command take cert ain actions before flight to ensure the safety of flight. An exemption is needed from this requirement, as the pilot will take separate preflight actions as described in the manufacturer’s operating manual and safety checklists. These actions will provide an equivalent level of safety.

14 CFR 91.109 : F LIGHT INSTRUCTION

14 CFR 91.109 stipulates, "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 con trols."

By design, UAS do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The equivalent level of safety is provided by the fact that nei ther 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 the aircraft.

14 CFR 91.119: M INIMUM SAFE ALTITUDE S

14 CFR 91.119 req uires that the PIC operate at " ... an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure."

Follow ing current FAA guidelines, SF C UAS s will operate below 400 feet and within VLOS. Equivalent level of safety will be achieved by operating within the operational parameters previously listed in this petition. Operations will not take place without permission of the property owner or their representative. Operations will

be conducted at least 5 miles from an airport, and 500 feet from all non

- participating persons, vessels, and

structures.

Given the small size of SFC UA, risk is much lower compared to conventional aircraft operating below 500 feet. The operational ceiling of 400 feet AGL will also allow for separation between our UA operations and

that of conventional aircraft.

614 CFR 91.121: A LTIMETER S ETTINGS

This regulation requires each person operating the aircraft to maintain cruising altitude by reference to an

altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” SFC UA may not have a barometric altimeter, but instead a GPS altitude read out transmitted to the ground station by means of the telemetr y radios. An equivalent level of safety will be achieved by the PIC confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151 : F UEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS

. 14 CFR 91.151 requires that the PIC may not begin a flight under VFR "unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing ..."

SFC UA do not use liquid fuel, but instead use lithium ion or lithium polymer batter ies. Because of this, SFC requests exemption from 14 CFR 91.151. Similar exemptions have been granted to petitioners.

14 CFR 91.203: C IVIL A IRCRAFT ; C ERTIFICATIONS R EQUIRED

SFC UA has no pilot, crew, cabin, or cockpit. This means it is unable to carry certification or registration documents on board. Equivalent level of safety will be achieved by keeping any applicable certification or registration at the ground control station.

14 CFR S UBPART E (91.401

- 91.417) : M AINTENANCE I NSPECTIONS

These regulati ons 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, have discrepancies repaired as prescribe d in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

These sections apply to aircraft with an airworthiness certificate, which will exclude SFC UA. Maintenance will be applied pursuant to the manu facturer’s recommendation via the Operating Manuals for UA listed in the Appendix. Equivalent level of safety is achieved by operating within the strict operational parameters previously listed in this petition. Any mechanical issues that may arise durin g operation can be safely addressed because the UA will operate no higher than 400 feet AGL in a restricted area, allowing the PIC to immediately land. The PIC will ensure that the UA is in proper working condition prior to any operation . SFC will keep a log of all maintenance performed, either by SFC or the manufacturer.

7

## P UBLIC 

## I NTEREST

Operations conducted with SFC UAS in lieu of conventional manned aircraft enhance safety, reduce environmental impact, and lower cost of aerial data acquisition. Opera tions conducted with this exemption will enhance natural resource decision making in the field of forestry. These benefits include: forest stand health evaluations, seedling survival for reforestation, forest pest detection, and best management practice i nspections. Agricultural survey benefits include: analysis of crop health, pest detection, and fertility analysis which leads to more specific and decreased agricultural inputs.

These types of data acquisition are currently under

- utilized because of the c ost

- prohibitive nature of manned aircraft operations

.



## P RIVACY

All operations conducted by SFC UAS will occur over private property with the property owner’s prior consent and knowledge. No images or video will be taken of individuals or property without the individual or property owner’s prior written consent.



## N ATIONAL 

## S ECURITY

Given the size of the UAS involved and the restricted operational parameters previously listed, SFC’s petition presents no national security issue.



## C ONCLUSION

This Petition for Exemption made by Southern Forestry Consultants, Inc. satisfies the criteria set forth in

Section 333 of the Reform Act of 2012. In consideration of the foregoing

, SFC requests that the FAA grant it the necessary exemptions to allow commercial operation o f UAS for the acquisition of aerial data, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the

FAA. We thank you for your prompt consideration of our request. Please do not hesitate to c ontact the undersigned in the event that additional information is needed.

Sincerely,

Jason P. Suggs

— GIS Manager Southern Forestry Consultants, Inc
305 W Shotwell Street Bainbridge, GA 39819

8

# Appendix

Proposed UAS Specifications

9I. DJI P HANTOM 2 V ISION + S PECS

10II. A PPLIED A ERONAUTICS A LBATROSS S PECS

11III. FE1800S S KYHUNTER S PECS

12