OUTLAWENGINEERING, INC PO BOX 1800 ROOSEVELT;UT 84066 (435)232-4321

September 1, 2015

U.S. Department ofTransportation Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Ave., SE Washington, DC 20590 

## OUTLAW ENGINEERING INC.



### RE: Exemption RequestUnder Section 333 ofthe FAAAct and Part 11 ofthe Federal Aviation Regulation To whom itmayconcern, Pursuant to Section 333 ofthe FAAModernization and Reform Act of2012 (the "ReformAct") and 14 C.F.R. Part 11, 

### OutlawEngineering, Inc. (OEI), an operator oftheDJI Phantom 3 Professional Unmanned Aircraft Systems (UAS), seeks an exemption from the Federal Aviation Regulation (FARs) while still maintaining an equivalent level ofsafety. The following exemptions are listedbelow: 

### 14 C.F.R. 21 SubpartH AIRWORTHINESS CERTIFICATIONS In consideration ofthe speed, weight, size and limited operating area associated with the unmanned aircraft and its operation. 

### OEI's operation ofthe Phantom 3 meets the conditions ofFMRA Section 333 and therefore will notrequire an airworthiness certificate in accordance with 14 C.F.R. Part 21 Subpart H. 

### 14 C.F.R. 45.23 DISPLAY OF MARKS; GENERAL There is no entrance to the cabin, cockpit, orpilot station onwhich to display. 

### 14 C.F.R. 45.29 SIZE OF MARKS There is no cabin, cockpit orpilot station on which to display. 

### 14 C.F.R. 61.1-61.429 '') Pilot certification. OEI respectfullyrequestsAhat the FAA grant exemptions from regulations that address general flight rules, pilot certificate requirements, manuals, maintenance and equipment mandates. OEI believes these requirements are unnecessaryto the issue ofpilot controlled drone flight. Additionally, current FAAproposals have omitted this as a future requirement for small UA V's.14 C.F.R. 61.113(a)(b) PRIVATE PRIVILEGES AND LIMITATIONS: PILOT IN COMMAND Pilot certificationrequirements canbe achieved byrequiring pilots to complete a UAS flight training course. The UAS to be operatedhereunder weighs less than 55 lbs. fully loaded, carries neither a pilot norpassenger, carries no explosivematerials or flammable liquid fuels, and operates exclusively within a secured area. 14 C.F.R 67 MEDICAL STANDARDS AND CERTIFICATION A third class medical certificate is no longerrequired. Now, a Section 333 operator onlyneeds a valid driver's license to satisfy the medical requirement. 14 C.F.R. 91.7(b) CIVIL AIRCRAFT AIRWORTHINESS This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemptionbe granted allowing commercial operation without an airworthiness certificate, no standard will exist for airworthiness. OEI will insure compliance withthe Phantom 3 Operating Manual prior to each flight. 14 C.F.R. 91.9(b)(2) & 91.203(a)(b) CIVIL AIRCRAFT FLIGHT MANUAL, MARKING, AND PLACARD REQUIREMENTS/CIVIL AIRCRAFT: CERTIFICATIONS REQUIRED The flight manual and applicable certification and registration documents willbeprovidedby storing at the ground control point where the UAS pilotwill have immediate access to them. 14 C.F.R. 91-103 PREFLIGHT ACTIONS Our operations manual already includes preflight procedures directlypertainingto our UAS which includes equipment checklist as well as preplanning details regarding weather conditions, review ofany possible flight path ofgeneral aviation, ourmission flight path and weather conditions amongst other parameters required to complete the mission. 14 C.F.R. 91.109(a) FLIGHT INSTRUCTION; SIMULATED INSTRUMENT FLIGHT AND CERTAIN FLIGHT TESTS TheUAS, bydesign, do not have fully functional dual controls, and are controlled instead through the use ofa control box thatuses radio communications for aircraft control. The UAS is unmanned, can be controlled remotely, and relatively small, and operate at slower speeds than the aircraft envisionedby the regulation. 14 C.F.R. 91.119 MINIMUM SAFE ALTITUDES; GENERAL The Phantom 3 will onlyfly overproperty withthe permission ofthe landowner(s) orpublic agencies. The PIC will define before every flight a working area radius and a flight area ceiling, preventing the Phantom 3 to go beyondthe flight area. Due to the small size ofthe Phantom 3 and the material with which it is built, thehazard to persons, vessels, vehicles and structures is not comparable to manned aircraft. 14 C.F.R. 91.121 ALTIMETER SETTINGS The UAS has GPS altitude read-outs instead ofbarometric altimeters. Theread-out willbe verifiedby the operatorpriorto flight bycomparing it to the launch site altitude in accordance with the Manual and Safety checklist.14 C.F.R. 91.151(a) FUEL REQUIREMENTS FORFLIGHT IN VFRCONDITIONS This would beinapplicablebecause the UAS is batterypowered and has limited minutes ofpowered flight. 14 C.F.R. SubpartE (91.401

- 91.417) MAINTENANCE, PREVENTIVE MAINTENANCE AND ALTERATIONS Maintenance requirements only apply to aircraft with an airworthiness certificate and are therefore inapplicable to its UAS operations. In place ofthese requirements, the PIC will perform maintenanceby following procedures outlined inthe manual. The requested exemptions would authorize commercial operations using the DJI Phantom 3 Professional for various site inspections, surveys, planning, As-built construction, site monitoring and other similar projects for clients in the oilfield and natural gas industries, telecommunications, mining, agriculture, private landowners as well as the public sector. The civil engineering industryroutinelyutilizes workers onthe ground to monitor, take photos, and conduct surveys ofproject sites. These operations will be subject to strict operatingrequirements defined in the Phantom 3 Operating Handbook and Pilot Operating Handbook and conditions defined bythe Safety Code ofthe Academy ofModel Aeronautics. The DJI Phantom 3 will be operatedby an individual (Pilot in Command (PIC)) and is able to safely operate in a manner consistent with this exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures. The PIC does possess significant experience with and has demonstrated the appropriate skillset needed for flying UAS. The PIC has flown numerous practice flights inremote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics ofthe UAS performance. With this experience, the PIC has fulfilled the following requirements:

• Has successfullypassed a manufacturer's training program for the Phantom 3. • Uses methods, techniques, and practices prescribed in the operating documents. • Has flown manyhours as a hobbyistpilot. • Has a valid Driver's License. BACKGROUND OF THE APPLICANT OEIis comprised oflicensedprofessional engineers, surveyors, survey crew chiefs, GIS mappers and qualified draftsman trained inworking in the civil engineering, surveying, mapping, and environmental fields. OutlawEngineering, Inc. (OEI) is an engineering company inboththe Civil and Structural engineering field that requires access through inefficient, tedious and dangerous methods. OEIis a Utah corporation formed to provide engineering, surveying and drafting to the civil engineering, environmental, cultural and construction fields. OEI will specialize inproviding extremelyhigh quality data for difficult and inaccessible sites using small Unmanned Aircraft Systems (UAS or drone, 55lbs or less). OEI has 9 years ofcombined employee experience inprofessional services practiced withinthose markets. This experience creates an understanding ofthe economic and safety challenges experienced in these markets, as well as the concerns and conditions brought forth bythe Federal Aviation Administration who regulates the National Airspace in which wepropose to utilize UAS to gather datawith significant cost savings, and more importantly, vastly increased safety for our employees, as well as our clients' employees. Thebasis ofany design and/or analysis within our fields ofservicebegins, and ultimately depends upon timely, current, and accurate baseline data. The collection ofthat data often includes remote and inaccessible sites, resulting in significant safety concerns for boththe employees collecting the field data, and anypersons implementing the resultant design and/or improvements. OEI's UAS flights will be flown to achieve an aerial view, video recording, signal analysis, laser measurement and concentrationmeasurements. Data captured from the flights will provide valuable datato assist in engineeringproposals, design and necessary actions.

CHARACTERISTICS OF THE AIRCRAFT The DJI Phantom 3 Professional is a small (590 mm diagonal size includingpropellers) and ultra-light (weight of 1280 g includingbattery and propellers) platformmade ofcompositematerials. Each ofthe four legs contains a high-powered antenna, all constantlybroadcasting the live video feed and receiving control commands from any direction. The specifications for the Phantom 3 are as follows: Remote control: Max.Transmission Distance 1.2 miles (outdoors and unobstructed) Flighttime: Approximately 23 minutes FlightAltitude: 6000 m Battery: PH3-4480 mAh-15.2 V Motors: 4 Brushless Aerodynamic self-tighteningpropellers Max Ascent Speed: 5 m/s Max Descent Speed: 3 m/s Max Speed: 16 m/s (ATTI mode, no wind) GPS Mode: GPS/GLONASS Controllable Range: Pitch- 90 degree to 30 degree Stabilization: 3-axis (pitch, roll, yaw)

SAFETY FEATURES The UAS missions will beplanned and executed with the highest level ofsafetyin mind. Theprimary objective is to safely collect data within a relatively small flight window and return to the landing zone.

• GPS controlled positioning allows the UAS to "know" it's location, attitude and altitude. • RTH (return to home) when triggered, will bring the Phantom 3 back and land it autonomously in the event the PIC (pilot in charge) is unable to do so. • FAILSAFE Intelligent Flight Battery. Ifthe battery is running low, orifthe Phantom 3 loses the connection with your remote controller for anyreason, the aircraft will automaticallyreturn to the takeoffpoint and land safely. • AUTOMATIC FLIGHT LOGS are generated and in the event something was to happen, the information could be reviewed and steps couldbe taken to avoid mishaps inthe future.APPLICATIONS The aircraft will beutilized for gathering survey, environmental and engineering data for civil and structural engineering services. These areas are typicallyrural and will not include congested areas. The collected data willbeused for creatinghighly accurate orthomosaic maps, 3-D models, digital surface models and GPS points. The data obtained through the use ofthe Phantom 3 will enable OEI to better complywith laws and regulations by conducting aerial acquisitions for project sites in an efficient and safe manner. Use ofthe UAS is a low cost solution with low-environmental impact that protects surveyors and engineering personnel from the often hazardous conditions present at civil engineeringproject sites, while optimizingthe quality and effectiveness ofthe data collected. The name and contact information ofthe applicant: Outlaw Engineering, Inc. Attn: Randy L. Preston, II PO Box 1800 Roosevelt, UT 84066 Phone:435-232-4321 Email: randy@outlaw-engineering.com Attn: McCoyAnderson, PIC PO Box 1800 Roosevelt, UT 84066 Phone:435-823-4320 Email: mccoy@outlaw-engineering.com CONCLUSION Safetybeing the main factor for allowing a visual view ofthe work site while keeping the employee a safe distance away. The ability ofUAS to remotely gather data in a safe manner cannotbe completed as safely or timely with any other current technology. OEI's Pilot in Command (PIC) will be responsible for all safetyprocedures and protocols while onthe ground. The Visual Observer (VO) will assist the PIC inmaintaining safetyprocedures throughout the course ofa project. Safetyprocedures to beutilized in the field include the following:

• A full diagnostic check ofthe aircraft bythe PIC andVO using a pre-flight checklist will be performed onthe ground priorto commencement ofeachproject; • Operations to be conducted overprivate orpublic controlled-access property where approved; • Permission from the land owner/authorityrequired before commencing any flight; • Operations over congested areas shall be avoided; • Operations will not interfere with manned aircraft operations, will yield the right ofwayto manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times;A ' < \.

• Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight hours; • Aircraft operations will remain within Visual Line ofSight (VLOS) and will bevisually monitored at all times; • Flight ceilingpre-programed at 400 feet; • All operations conducted within 5 miles from an airport shall onlybeinitiated after verbal coordination with the airport authority, or air traffic control when a control tower is present at the airport; • Post-flight inspection ofthe aircraft will beperformed bythe PIC and VO utilizing a post-flight checklist;

In addition, permitting use ofthe Phantom 3 UAS will achieve various economic and environmental benefits, as well as significant efficiencies, associated with cost, labor and safety. Please do nothesitate to contact me via email at randy@outlaw-engineering.com ifyouhave any questions or concerns. Respectfully Submitted,