## CONSULTING ENGINEERS & GE OLOGISTS, INC.

812 W. Wabash  Eureka, CA 95501

- 2138  707

- 441

- 8855  FAX: 707

- 441

- 8877  shninfo@shn

- engr.com

\ \ Eureka \ projects \ 2015 \ Promos \ 015000.048

- EelGrassFly \ PUBS \ Corr \ 20150529

- USDOT

- FAA_ReformAct

- Ex emptionRequest.doc Reference: 015000.048 May 29, 2015 US Department of Transportation submitted electronically to : www.regulations.gov Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 

### Subject: SHN Consult ing Engineers & Geologists, MA

- Section 333 Exemption Petition ; Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a)&(b);91.7(a);91.9(b)(2);91.103(b); 91.109; 119.121 ; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a)(1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam: SHN Consulting Engineers & Geologists, Inc. , seeks exemption pursuant to FAA Modernization and Reform Act of 2012 and the procedures contained within 14 Code of Federal Regulations ( CFR ) 11, from the Federal Aviation Regulations (FARs) listed below so that SHN may operate our small ultra

- light weight unmanned aircraft system (UAS) commercially in airspace regulated by the Federal Aviation Administrator (FA A). This petition is, in most regards, similar to granted exemption No’s. 11569, 11544, 11327, and 11299 both in operation approach (closer than 500 feet ) and parallels to some of the equipment being us ed (DJI Phantom 2, & 3DR PixHawk).

As described herei n SHN proposes to perform aerial still photography with the use of common hobby

- grade UAS, presently a DJI Phantom 2+ Multirotor, DJI

- S800 Multirotor and a 3DR PixHawk Fixed Wing aircraft, mostly for geologic al , biological , and botanical survey purposes an d construction monitoring. SHN’s exemption request would permit operation of ultra

- light weight, unmanned , and relatively inexpensive UAS in small portions of semi

- rural airspace using tightly controlled and limited duration flight plan s

. SHN will provi de a three

- person team during flight times , including an operator, a visual observer , and a Pilot in Command (PIC):

**•** Harrison Hummel, SHN’s IT and GIS Technician, will provide either operator or visual observer tasks. Mr. Hummel is working toward obtaining his pilot license, and has ground training completed and 10 hours of flight time accomplished.

**•** Richard (Rich) Fenton, will provide PIC duties and will have final authority and responsibility for operation and safety of the flight. Mr. Fenton has privat e pilot certificate #3105830 issued December 10, 2005 , and Medical Certificate Third Class (ID 1996370596; control #2000006322501).

**•** Ramiro Massa will provide either operator or visual observer tasks and act as the primary flight mechanic to ensure all airc raft used are safe and airworthy.US Department of Transportation, Docket Management System SHN Consulting Engineers & Geologists, MA

- Secti on 333 Exemption Petition May 29, 2015 Page 2

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- ExemptionRequest.doc SHN respectfully requests the grant of an exemption allowing operation of ultra

- light weight, remote controlled UAS primarily to supplant the existing high

- elevation aerial photography that has not proven to be adequate for this field of study (for example for botanical surveys of Eel Grass in Humboldt Bay and other bays on the Pacific West Coast). SHN understands that it is in the public interest of safety that operation s of UAV ( unmanned aerial vehicle) systems main tain maximum vigilance to prevent the potential for accidents or incidents. We propose to enhance safety in the local environment by applying sound risk

- evaluation and management principles to the operations , including any limitations stated in the exempt ion. The specific sections of Title 14 of the CFR from which SHN requests exemption are as follows:

**•** 14 CFR 21; 14 CFR 45.23(b)

**•** 14 CFR 61.113 (a) & (b)

**•** 14 CFR 91, et seq.

**•** 14 CFR 407 (a) (1)

**•** 14 CFR 409 (a) (2)

**•** CFR 417 (a) & (b). III

Contact Information: Harrison Hummel , IT/GIS Technician SHN Consulting Engineers & Geologists, Inc. 812 W. Wabash Ave. Eureka, CA 95501

- 2138 Ph. 707

- 269

- 1052 email: hhummel@shn

- engr.com web: www .shn

- engr.com


### The Ex tent of Relie f SHN Consulting Engineers & Geologists See ks and the Reason We Seek Such Relief: SHN submits this application in accordance with the Reform Act, 112 P.L. 95 & & 331

- 334, seeking relief from any currently applicable FARs operating to prevent commercial cinematic and other flight operation within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the publ ic’s interest to do so. SHN’s, ultra

- light weight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and , therefore , the integration of our ultra

- light weight UAS is expressly contemplated by the Reform Act. SHN would like to operate its ultra

- light weight UAS prior to the time by which the FAA is required the Reform Act requires to promulgate rules governing such craft. The Reform Act guides the Secretary in determining the types of UASs that may operate safely in our nation al airspace system.

Considerations include t he weights, size, speed , and overall capabilities of the UASs; whether the UAS will be operated near airports or heavily populated areas; and whether the UAS will be operated by line of sight, 112 P.L. 95 &&333 (a). Each of these items is in favor of an exemption for SHN. SHN’s UAS us e s onboard inertial measurement unit ( IMU ) and global positioning systemUS Department of Transportation, Docket Management System SHN Consulting Engineers & Geologists, MA

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- ExemptionRequest.doc ( GPS ) for balance, control , and stability. Our UA S is equipped with GPS and auto

- return safety technology , and weighs less than (10) pounds ( far below the maximum 55

- pound limit), including the onboard camera. 

### Operational Considerations: SHN proposes to operate the UAS in Humboldt and Del Norte Count ies, California, the Coos Bay and Netarts Bay region of Oreg on , the Dungeness Bay and Willapa Bay region of Washington

. SHN has offices in both regions and has significant work is the se coastal

- bay areas that would warrant this method of reconnaissance. These areas are primarily served by :

**•** T he un

- towered airport at Arcata

- Eureka Airport ( K ACV), Murray Field (KEKA) , and Samoa Airport (033) in Humboldt County, California

**•** Del Norte County Airport (KCEC) in Del Norte County

**•** Southwest Oregon Regional (KOTH) in Coos County, Oregon

**•** Tillamook Airport (KTMK), in Tillamook County, Oregon

**•** Seattle

- Tacoma International (KSEA) in Clallam County, Washington

**•** Willapa Harbor Airport (K259) in Pacific County, Oregon

Other smaller non

- towered airports are also prevalent. Most of the flight operations will be conducted on clear, visu al flight rule (VFR) days, typically between the daylight hours of 7 a

. m

. and 8 p

. m. All operations will be conducted below 500 feet in altitude . The ideal altitudes at which to conduct the operations typically are below 300 feet; however , occasional f l i ghts may be required up to 400 feet. The duration of a single photo shoot typically is 1 hour or less

. 

### Operation Risk Management:

SHN ’s proposed procedures for reducing operation risk include (but are not limited to) the following: 1) Contacting the local Air Traffic Control (ATC), at least one day prior to the operations and identifying the location of the flight operations with respect to local known landmarks, GPS coordinates , and/or location in relation to navigational aids ( such as , VHF omni

- directiona l radio rang e devices [ VOR s ] , non - directional beacons [ NDBs ] , or intersections ) 2) Identifying the planned time, nature, and altitudes associated with the operations 3) Us ing a (very high frequency) VHF handheld transceiver (HT) , such as , the Vertex Standard VXA

- 710, to monitor ATC communications with local air traffic, and to establish radio

com munication with ATC, if needed; or, i f in the vicinity of a non

- towered airport, monitoring air traffic flying in the vicinity using Unicom frequencies 4) Prior to the event , identify ing the runways in use at the time of the shoot and ascertain ing typical traffic flow patternsUS Department of Transportation, Docket Management System SHN Consulting Engineers & Geologists, MA

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- ExemptionRequest.doc 5) Avoid ing the busiest air traffic time intervals as defined by local ATC

**•** B oth the Humboldt County and Coos County airports are surrounded by substantia l open space and bodies of water.

**•** When operations are conducted in close proximity to an airport or its approach paths, ongoing communication with ATC or the local Unicom operator will be maintained. 6) Maintain ing detailed flight and maintenance logs 7) Perfor m ing robust pre

- and post

- flight inspections on the airframe, power plant(s) , and any electronics that are important for safe operations of the UAS



### Reasons Why Approv al of SHN ’s Applic ation will Se rve the Public Ben efit: 1) Operations will be conducted by an experienced operator, aircraft owner , and PIC, who are intimately familiar with the local airspace, local flight operations considerations, landmarks, and ATC procedures. 2) Use of the industry

- standard DJI Phantom 2+ Multirotor, DJI

- S800 Multirotor , and a 3 DR PixHawk with features that have been tested and proven for safe operation characteristics

. 3) Applications of operations

- risk methods similar to those applied to Part 91 operations on a flight

- by

- flight basis. 4) Operation almost entirely in very clear day VF R weather. 5) Operational location s of sites typically are along the waterfront or away from towered and
non - towered airports. 6) Operation will be almost entirely below 400 aboveground level ( AGL )

. 7) Maint ained HT will be used for communication s

. 8) The UAS to be us ed (DJI Phantom 2+ Multirotor, DJI

- S800 Multirotor , and a 3DR PixHawk) has “first

- person - view” (FPV) capability. However, all operations of the UAS will be conducted using line

- of

- sight. FPV is useful in framing and evaluating position with respect to th e desired photographs. However, use of FPV for flight control rarely offers sufficient image quality, particularly on a very bright VFR day, to us e for aircraft control beyond line

of

- site

. Therefore, all operations will be conducted strictly using line

- of

- sight. 9) This application, if approved, will help ensure safety by ensuring that the operations are conducted in accordance with FAA regulations overseen by an experienced FAA certificated pilot. 

### Sample Operational Risk Management Procedure: 1) Pre

- operation: at least 24 h ou rs prior to operations : a) Contact local airport operator, as well as ATC tower and Settle ARCC manager and identify : location of shoot with respe ct to local known ATC landmarks, timeframe of shoot, identification of UAS, and communications ca pability of pilot (i.e. , radio, cell phone).US Department of Transportation, Docket Management System SHN Consulting Engineers & Geologists, MA

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- ExemptionRequest.doc b) Obtain complete weather briefing from an approved weather information provider, as one would for a commercial Part 91 flight. 2) Day of operation: a) Examine site of operation using online mapping, such as , the town G IS map applications, Google Earth , or Flash Earth. b) Ascertain runway in use and traffic patterns being used using Flightaware.com, by monitoring ATC tower frequency, etc. c) Upon arrival at site, observe traffic patterns in area ; monitor ATC frequency at all t imes. d) Us e operations checklist for UAS

. e) Conduct safety inspection of UAS

. f) Test UAS and obtain good GPS signal prior to flight

. g) Use safety observer

. h) While monitoring ATC, in the unlikely event that the operation is perceived to be in conflict with any air t raffic, immediately avoid traffic and cease operation. 

### Summary SHN Consulting Engineers & Geologists requests exemption from 14 CFR 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) &(b); 14 C/F/R 91, et seq.; 14 CFR 407 (a) 1; 14 CFG 409(a) (2); and 14 CFR 417(a) & (b)., for the purpose of conducting safe operation of DJI, and 3DR PixHawk UAS in the general
area s of Humboldt and Del Norte Counties, California and Coos County, Oregon , where SHN has offices located. SHN proposes to maximize safety through operationa l risk management procedures comparable to those applied to Part 91 operations in which SHN is experienced and familiar. This application is similar to other approved or pending applications centered on Real Estate photography or survey operations us ing the DJI Phantom, and 3DR PixHawk UAS systems. The applicant believes the FAA is familiar with the aircraft capability , so the flight manual for the aircraft is not included herewith, but can be provided on request. The manuals for the UAS are available at: http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision _Plus_User_Manual_v1.8_en.pdf and http://3drobotics.com/kb/pixhawk/US Department of Transportation, Docket Management System SHN Consulting Engineers & Geologists, MA

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- ExemptionRequest.doc Please issue a flight exemption for our UAS as soon as possible, so that we can use it for documenting species of interest during this blooming and nesting season. Respectf ully submitted, 

### SHN Consulting Engineers & Geologists

Harrison Hummel IT and GIS Technician

HCH: lms