# FLOYD SURVEYING

May 10, 2015

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: David Floyd & Associates Surveying and Mapping dba Floyd Surveying

Petition for Section 333 Exemption for DJI S900 & DJI PHANTOM 2

.



### Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. 

### No. 112

- 95, 126 Stat. 11 (amending 49 U.S.C.) (hereinafter, the " Reform A ct " ) 

### and 14 C.F.R. Part

11, David Floyd & Associates Surveying and Mapping dba Floyd Surveying (" FSI " ), Land

Surveyor and operator of small unmanned aircraft systems " UAS" 

### equipped to conduct

professional aerial land surveying and geospatial services, hereby applies for an exemption

from the listed Federal Aviation Regulations ("FARs") 

### to allow commercial operation of

its UAS ’ s

, 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 of the

Reform Act.

As described more fully below, the requested exemption would permit the operation of

small, unmanned UAS to provide safe r enhancements to the already safe operations in the

mapping and surveying industry presently using conventional aircraft. Approval of this

exemption would thereby enhance safety and fulfill the Secretary of Transportation's

responsibilities to "

... establish requirements for the safe operation of such aircraft

systems in the national airspace system." Reform Act § 

### 333 (c).

FSI has specialized in Surveys for the Wireless community for over 15 years. Surveying in

both rural and urban environments . It is the urban environment that poses the greatest threat

to our wellbeing / safety and thus it i s in that environment that we see the greatest good from

the use of UAS ’ s

. OSHA currently requires safety harnesses and ties to be in place for any

worker on a roof with a parapet less than 3 feet tall. Many new wireless facilities are being

reviewed for such roofs and thus pose a safe ty concern to our employees . The use of our

UA S ’ s in commercial/residential areas will only provide a safer environment for our survey

crews.

Surveyors have for almost a Century used the air space above homes, business and land in

general to perform our duties to gather property information and ground data for

government, home, land and b usiness owners . No permission is currently required from

adjacent owners to perform this work if using a manned airplane (weighing over 4,000 lbs.

and caring combustion able fuel) . We would like it to be the same for our UAS ’ s

. The U.S.

Supreme C ourt has declared ( United States v. Causby 1946) “ the air above the minimum

safe altitude of flight

... is a public highway and part of the public domain ”

. As licensed

surveyor ’ s we work in the public right of way e very day and do not ask permission of

adjacent owners if we can use our equipment near their home. Further, in the State of

California there is a State Statue ( Business and Professions Code &8774, Civil Code &846.5

and Penal Code &602.8 ) that gives Land Surveyors the Right of Entry upon property without

their consent but only with notification. We ask that FAA allow FSI to fly its UAS ’ s in any

location you would let a ma nned aircraft.

28936 Old Town Front Street, Ste 203, Temecula, CA 92590 Phone (951) 694

- 8647

Email: fsi@floydsurveying.com

# FLOYD SURVEYING

The name and address of the applicant (" A pplicant") 

### is:

David Floyd & Associates Surveying and Mapping dba Floyd Surveying

Attention: David A. Floyd, pls

34006 Galleron Street

Temecula, CA 92592

Telephone: (949) 200

- 0626

Email: dfloyd@floydsurveying.com

The Applicant hereby requests exemption from the following FARs:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (1) & (2)

14 CFR 417 (a) & (b)

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 ( " UAS") may operate safely in the national airspace

system ( " NAS") before completion of the rulemaking required under Section 332 of the Reform

Act. In making this determination, the Secretary of Transportation is required to determine which

types of unmanned aircraft systems do not create a hazard to users of the NAS or the public or pose

a threat to national security in light of (i) the UAS's size, weight, speed, and operational capability,

(ii) operation of the UAS in close proximity to airports

, and (iii) operation of the UAS within

visual line of sight of the operator. Id. § 333 (b) (1). Lastly, if the Secretary of Transportation

determines that such vehicles "may operate safely in the national airspace system, the Secretary

of Transportation shall establish requirements for the safe operation of such aircraft in the national

airspace system." Id. § 333 (c) (underline added). 1

The Federal Aviation Act, 49 U.S.C. (the " Act") expressly grants the FAA the authority to issue

exemptions. This statutory authority by its terms includes exempting "civil aircraft," as the term is

defined under §40102 of the Act that includes UAS ’ s from the requirement that all civil aircraft

must have a current airworthiness certificate.

The FAA Administrator may grant an exemption from a requirement of a regulation prescribed

under the Act if the Administrator finds the exemption in the public interest. 49 U.S.C. § 44701

(f). See also 49 USC § 44711 (a); 49 USC § 44704; 14 CFR § 91.203 (a) (1).

FSI 's UAS ’ s are rotorcraft, weighing 55 or fewer lbs. including payload. They will operate, under

normal conditions, at a speed of no more than 50 knots and FSI will not operate their UAS in

known or forecast winds greater than 35 knots. They will operate only in line of sight of the Pilot

in Charge ( PIC )

. Such operations will ensure that the UAS ’ s will, “ not create a hazard to

users of the national airspace system or the public. ” Reform Act 333 (b).

28936 Old Town Front Street, Ste 203, Temecula, CA 92590 Phone (951) 694

- 8647

Email: fsi@floydsurveying.com

# FLOYD SURVEYING

Given the small size of the UAS ’ s involved and th e lack of flammable fuel

, the Applicant falls

squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that

the FAA must, by exemption, allow commercial operations of UAS ’ s to commence immediately.

Also due to the size of the UAS ’ s

, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Act, as

amended; the strong equivalent level of safety surrounding the proposed operations, and the

significant public benefit, including enhanced safety, reduction in environmental impacts, including

reduced emissions associated with allowing UAS for surveying and mapping operations, the grant

of the requested exemption is in the public interest. Accordingly, the Applicant respectfully requests

that the FAA grant the requested exemption without delay.

The Applicant proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at

least an equivalent or even higher level of safety to operations under the current regulatory

structure because the proposed operations represent a safety enhancement to the already

safe mapping and surveying operations conducted with conventional aircraft.

These limitations and conditions to which FSI agrees to be bound when conducting commercial

operations under an FAA issued exemption include:

1. Each UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer

.

3. Maximum total flight time for each operational flight will be determinate on battery capacity.

Current battery technology for the UAS allows for a 20 minute operations. Should battery

technology increase operational flight times, flights will be terminated at 20% battery power

reserve. Future battery technology will likely increase operational flight times, and as such,

the maximum flight time will continue to increase. However, in any event, all operational

flights will be terminated at 20% of capacity remaining.

4. Flights will be operated at an altitude of no more than 4 00 feet AGL unless prior approval

from Air Traffic Control is authorized and a Notice to Airmen (NOTAM) is filed and

published.

5. Minimum crew for each operation will consist of the UAS pilot and a visual observer.

6. The UAS pilot will be Pilot in Command (" P IC").

7. The UAS pilot will have been trained in operation of UAS ’ s generally and received up

- to

date information on the particular UAS to be operated

.

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

agencies.

9. If the UAS ’ s lose communications or lose their GPS signal, the UAS ’ s will have capability

to return to and land at a pre

- determined and pre

- programmed location.

10. The UAS ’ s will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

28936 Old Town Front Street, Ste 203, Temecula, CA 92590 Phone (951) 694

- 8647

Email: fsi@floydsurveying.com

# FLOYD SURVEYING

Aircraft to be used :

T he DJI professional S900 and DJI Phantom 2 Aircraft are small all

- electric drone that

provides precision 3D mapping, real

- time thermal infrared and high definition video

capabilities. The system s deploy quickly in nearly every environment due to their light

w e ight. The S900 and Phantom 2 ha ve b een previously approved for use by the FAA.

I

. 1 4 C.F.R. Part 2 1

, S u bpart H: Airworthiness Certificates 1 4 C.F

. R. §91.203 (a) ( 1 )

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR § 91.203 (a) (1). Given the size and

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. Section 44701 (t) of the Act and Section 333 of the Reform Act

both authorize the FAA 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 part icular UAS

. In all cases, an analysis of these criteria demonstrates that

the UAS ’ s operated without an airworthiness certificate, in the restricted environment and under the

conditions proposed herein will be at least as safe, or safer, than a conventional aircraft (fixed

wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions

proposed.

The UAS ’ s to be operated hereunder are less than 55 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within

a secured area as set out in the Safety Checklist. Unlike other civil aircraft, operations under this

exemption will be tightly controlled and monitored by the Applicant pursuant to the Safety

Checklist's requirements, and under the requirements and in compliance with local public safety

requirements, to provide security for the area of operation as is now done with conventional aerial

mapping and surveying. These safety enhancements, which already apply to civil aircraft operated

in connection with mapping and surveying operations, provide a greater degree of safety to the

public and property owners than conventional operations conducted with airwo 1 thiness certificates

issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates

that there is no credible threat to national security posed by the UAS

, due to its size, speed of

operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability

to carry a substantial external load.

II. 14 C.F.R. § 45.23 (b). Marking of the Aircraft

This regulation requires:

"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 provisionally 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," "experimental," or "provisional," as applicable."

Even though the UAS ’ s will have no airworthiness certificate, an exemption may be needed as the

UAS ’ s will have no entrance to the cabin, cockpit or pilot station on which the word " Experimental"

can be placed. Given the size of the UAS ’ s

, two

- inch lettering will be impossible

. The FAA has

issued the following exemptions to this regulation in Exemptions Nos. 10700, 8738, 10167 and

10167A.

28936 Old Town Front Street, Ste 203, Temecula, CA 92590 Phone (951) 694

- 8647

Email: fsi@floydsurveying.com

# FLOYD SURVEYING

III. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in

Command

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

- commercial operations. Because the UAS ’ s will

not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety

of current operations by requiring the PIC ’ s operating the UAS ’ s to have a private pilot's license

rather than a commercial pilot's license to operate this UAS ’ s

. Unlike a conventional aircraft that

carries the pilot and passengers, the UAS ’ s are remotely

- controlled with no living thing on board.

The area of operation is controlled and restricted, and all flights are planned and coordinated in

advance

. The risks associated with the operation of the UAS ’ s are so diminished from the level of

risk associated with commercial operations contemplated by Part 61 when drafted, that allowing

operations of the UAS ’ s 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).

IV. 14 C.F.R. §91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition.

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted,

no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft

and the requirements contained in the Safety Checklist for maintenance and use of the Safety

Checklist prior to each flight, an equivalent level of safety will be provided.

V. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides:

" No person may operate a U.S.

- registered civil aircraft

...

(2) For which an Airplane 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."

The UAS ’ s

, given their size and configuration 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 U AS ’ s

.

The equivalent level of safety will be maintained by keeping the flight manual at the ground

control point to which the UAS ’ s pilots flying the UAS ’ s will have immediate access. The FAA has

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A,

9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

VI. 14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command 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. The PIC will take all actions including reviewing weather, flight

battery requirements, landing and takeoff distances and aircraft performance data before initiation

of flight.

VII. 14 C.F.R. § 91.109: Flight instruction

Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon)

that is being used for flight instruction unless that aircraft has fully functioning dual controls.

28936 Old Town Front Street, Ste 203, Temecula, CA 92590 Phone (951) 694

- 8647

Email: fsi@floydsurveying.com

# FLOYD SURVEYING

UAS ’ s and remotely piloted aircraft, by their design 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 FAA has approved 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. The equivalent level of safety is provided by the fact that

neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

VIII. 14 C.F.R. § 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119( d) allows

helicopters, powered parachutes and weight

- shift

- control aircraft to be operated at less than the

minimums prescribed because their low speed and responsive controls allow operations to be

conducted, "without hazard to persons or property on the surface ...".As UAS possess similar

flight and control characteristics, and as the exemption requests authority to operate at altitudes up

to 400 AGL, an exemption may be needed to allow such operations. As set forth herein, except

for the limited conditions stated in the Safety Checklist, the UAS ’ s will never operate at higher

than 400 AGL.

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum

55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is

far less than those presently presented with conventional aircraft operating at or below 500 AGL

in the mapping and surveying industry. In addition, the low

- altitude operations of the UAS ’ s will

ensure separation between these UAS operations and the operations of conventional aircraft that

must comply with Section 91.119.

IX. 14 C.F.R. § 91.121 Altimeter Settings

This regulation requires each person operating an 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." As the UAS ’ s may not have a barometric altimeter, but instead

a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be

achieved by the operator confirming the altitude of the launch site shown on the GPS altitude indicator

before flight.

X. 14 C.F.R

. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning "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 for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."

The current battery technology powering UAS ’ s is much more limited than that of combustion

powered flight. As such, the Applicant's UAS ’ s cannot presently and likely may never will meet

the reserve requirement in 14 CPR § 91.151. Given the limitations on the UAS's proposed flight

area and the location of its proposed operations within a predetermined area, a longer time frame

for flight in daylight VFR conditions is reasonable. As no night flight will occur, that portion is

inapplicable.

Applicant believes that an exemption from 14 CPR § 91.151 (a) falls within the scope of prior

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without

compliance with FAR 91.151 (a)). Operating the UAS ’ s in a tightly controlled area where only

people and property owners or official representatives who have signed waivers will be allowed,

with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151

(a) Was intended to alleviate given the size, speed and limited operating area of the UAS ’ s

.

Applicant believes that an equivalent level of safety can be achieved by limiting flights based on expected battery life, currently 20 minutes, or 20% of battery power when future technology

expands the battery life. This restriction would be more than adequate to return the UAS ’ s to their

28936 Old Town Front Street, Ste 203, Temecula, CA 92590 Phone (951) 694

- 8647

Email: fsi@floydsurveying.com

# FLOYD SURVEYING

planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745,

10673, and 10808.

XI. 14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and

Registration

The regulation provides in pertinent part:

"(a ) except as provided in § 91.715, no person may operate a civil aircraft unless it has

within it the following:

(1) An appropriate and current airworthiness certificate

...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under § 91.715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew."

The UAS ’ s fully loaded weigh no more than 55 lbs. and are operated without an onboard pilot. As

such, there is no ability or place to carry certification and registration documents, or to display them

on the UAS ’ s

.

An equivalent level of safety will be achieved by keeping these documents at the ground control

point where the UAS ’ s pilots flying the UAS ’ s will have immediate access to them, to the extent

they are applicable to the UAS ’ s

. The FAA has issued numerous exemptions to this regulation.

A representative sample of other exemptions includes Exemption Nos. 9565, 9665, 9789, 9789A,

9797, 9797A, 9816A, and 10700.

XII. 14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417 (a) & (b): Maintenance

Inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as

prescribed in subpart E of this part and shall between required inspections, except as provided in

paragraph ( c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these

sections will not apply to the UAS ’ s as proposed to be operated by the Applicant. Maintenance will

be accomplished by the Applicant pursuant to the flight manual and operating handbook

. An

equivalent level of safety will be achieved because these UAS ’ s are very limited in size and will

carry a small payload and operate only in restricted areas for limited periods of time. If mechanical

issues arise, the UAS ’ s can land immediately and will be operating from no higher than 400 feet

AGL. Th e Applicant will ensure that the UAS is in working order prior to initiating flight, perform

required maintenance, and keep a log of any maintenance performed. Moreover, the Applicant is

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition

to provide the equivalent level of safety.

SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal

Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

28936 Old Town Front Street, Ste 203, Temecula, CA 92590 Phone (951) 694

- 8647

Email: fsi@floydsurveying.com

# FLOYD SURVEYING

14 C.F.R. § 21, subpart H; 14 C.F.R 45.23 (b); 14 C.F.R. §§ 61.113 (a) & (b); 91.7 (a); 91.9 (b)

(2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) and (b); 91.405 (a); 91.407 (a)

(1); 91.409 (a) (2); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to operate commercially small

unmanned aircraft systems (55 lbs. or less) in mapping and surveying operations.

Approval of exemptions allowing commercial operations of UAS ’ s in the mapping and surveying

industry will enhance safety by reducing risk. Conventional mapping and surveying operations,

using jet or piston power aircraft, operate at extremely low altitudes and in extreme proximity to

people and structures; and present the risks associated with vehicles that weigh in the neighborhood

of 4,000 lbs., carrying large amounts of jet A or other fuel. Such aircraft must fly to and from the

mapping or surveying location. In contrast, a UAS ’ s weighing fewer than 55 lbs. and powered by

batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel

carried on board. The UAS ’ s are carried to the mapping or surveying site and not flown. The

UAS ’ s will carry no passengers or crew and, therefore, cannot and will not expose them to the risks

associated with manned aircraft flights.

The operation of UAS ’ s

, weighing less than 55 lbs., conducted in the strict conditions outlined

above, will provide an equivalent level of safety supporting the grant of the exemptions requested

herein, including exempting the Applicant from the requirements of Part 21 and allowing commercial

operations. These lightweight aircraft operate at slow speeds and close to the ground

, as a result,

are far safer than conventional operations conducted with turbine helicopters or other manned

aircraft operating in close proximity to the ground and people.

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

- size, weight, speed,

operating capabilities, proximity to airports 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 UAS ’ s in the mapping and surveying industry

.

Very truly yours,

David A. Floyd, PLS #7676

28936 Old Town Front Street, Ste 203, Temecula, CA 92590 Phone (951) 694

- 8647

Email: fsi@floydsurveying.com