August 6, 2015

Exemption No. 12371 Regulatory Docket No. FAA

– 20 15

– 1971

Mr. Thomas C. G ricks III Schnader Harrison Segal and Lewis LLP Fifth Avenue Place, Suite 2700
120 Fifth Avenue Pittsburgh, PA 15222

Dear Mr. G ricks :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 15, 2015 , you petitioned the Federal Aviation Administration (FAA) on
behalf of Civil & Environmental Consultants, Inc. ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to
conduct aerial acquisitions in surveying, monitoring, and inspecting

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and
the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthines s Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision

.2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the
aircraft and its operation, the Secretary of Transportation has determined that this aircraft
meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from
14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificate s , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and
11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Civil & Environmental Consultants, I nc. is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a)

, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the pe titioner to operate a UAS to perform

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by
instruments aboard the UA.3

aerial data collection

. This exemption is subject to the conditions and limitations listed
below.

Conditions and Limitations

In this grant of exemption, Civil & Environmental Consultants, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2
Vision when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the
aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. Th e UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or
U .S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintai ns VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating4

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and
limitati ons in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The opera tor may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present upda ted and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for a n amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS oper ation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at
least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

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

- flight inspection must account for all potential discrepancies, e.g.

, inoperable compon ents, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the
UAS is found to be in a condition for safe fl ight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and
aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a
current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal5

government. The PIC must also meet the flight revi ew requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and
main taining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with
14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (trai ni ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operat ions may only be conducted during dedicated training sessions. During
traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual f light rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport sym bo l as denoted on the current
FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If t he UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

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

20. The PIC is prohibit ed from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by t he manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The6

exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial

num ber, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and
activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted a t least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons
from the UA and/or debris in the event of an accident. The operator must en sure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonp articipating persons ; and
b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported
to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be7

reported to the National Transportation Safety Board (NTSB) per instructions
contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Acti vities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;
b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;
d. Make, model, and serial or N− Number of U AS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;
f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave per mission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and
h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be con ducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s M PTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,
parts 45, 47, 61, and 91.8

This exemption terminates on August 31

, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/
John S. Duncan Director, Flight Standards Service

EnclosuresPHDATA 5282092_1

PETITION FOR EXEMPTI ON FROM FEDERAL AVIA TION REGULATIONS ( “ FARS ” ) AND REQUEST FOR AP PROVAL TO OPERATE UN MANNED
AIRCRAFT SYSTEMS UND ER SECTION 333 OF TH E FAA REFORM ACT
AND PART 11 OF THE FARS

Submitted by: Civil & Environmental Consultants, Inc.

Dated: May 1 5
, 2015

By Electronic Submission to: www.regulations.gov (without CONFIDENTIAL Supplement)

By Paper Submission (including CONFIDENTIAL Supplement) to :

U.S

. Department of Transportation Docket Operations
West B uilding Ground Floor, Room W12

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

Filed by:

Thomas C. Gricks III

Schnader Harrison Segal & Lewis LLP Fifth Avenue Place, Suite 2700 Pittsburgh, PA 15222 (412) 577

- 5205 tgricks@schnader.com

Counsel for Civil & Environmental Consultants, Inc.PHDATA 5282092_1 TABLE OF CONTENTS

I. Summary for Publication in Federal Register

................................ .......................... 1

II. Legal Basis for the Request ed Exemption under Section 333

................................ . 7

III. Identity and Contact Information of the Petitioner

................................ .................. 7

IV. The Phantom 2 Vision sUAS

................................ ................................ ................... 8

V. The Proposed sUAS Operation

................................ ................................ ................ 9

VI. The Phantom 2 Vision sUAS E quivalent Level of Safety

................................ ..... 1 4

VII. Privacy

................................ ................................ ................................ ................... 17

VIII

. Public Interest and Safety

................................ ................................ ...................... 17

I X. Exemption s Requested Under Section 333

................................ ............................ 1 8

X. Certifica te of Authorization or Waiver

................................ ................................ ... 28

XI. Conclusion

................................ ................................ ................................ ............. 281

I. Summary for Publication in Federal Register

Civil and Environmental Consultants, Inc. (“CEC”) is a national industry

- focused consulting firm of more than 650 professionals providing comprehensive services in the primary practice areas of civil engineering, environmental engineering and sciences, ecological sciences, waste management and water resources. Amongst its many service offerings, CEC conducts site inspections, surveys, construction site monitoring, and other similar projects for clients in the manufacturing, mining, natural gas, power, public sector, real estate, and solid waste industries.

CEC seeks to operate small unmanned airc raft systems (“sUAS”) for compensation or
hire within the National Airspace System ( “ NAS ” ) for the purpose of conducting aerial acquisitions within the NAS , including without limitation, site surveying, monitoring, and inspecting. CEC s eeks an exemption to operate the DJI Phantom 2 Vision s UAS ( “ Phantom 2
Vision s UAS ”

) for this purpose.

The data obtained through the use of the Phantom 2 Vision s UAS will enable CEC to
better comply with laws and regulations by conducting aerial acquisitions for project sites in an
efficient and safe manner

. Use of the sUAS is a low cost solution with low

- environmental impact that protects surveyors and engineering personnel from the often hazardous conditions present at civil engineering project sites, while optimizing t he quality and effectiveness of the data
collected

.

CEC hereby petitions the Federal Aviation Administration ( “ FAA ” ) for an exemption from various Federal Aviation Regulations ( “ FARs ” ) and requests approval to operate the
Phantom 2 Vision s UAS in the NA S pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 49 U.S.C.S 44701(f) (the “Act”) , and Title 14 of the Code of Federal Regulations (“CFR”), Part 11 ( 14 CFR Part 11 ) (the “Petition”)

.

In its Petition, CEC requests that an exemption be granted from the following regulations:

14 CFR Part 21
14 CFR 43.7
14 CFR 43.11
14 CFR 45.11
14 CFR 45.21 14 CFR 45.23(b)
14 CFR 45.27
14 CFR 45.29 14 CFR 61.113(a) & (b)
14 CFR 67 14 CFR 91.7(a) 14 CFR 91.9(b)(2) 14 CFR 91.9(c) 14 CFR 91.103(b)
14 CFR 91.109
14 CFR 91.1192 14 CFR 91.121

14 CFR 91.151(a) 14 CFR 91.203(a) & (b) 14 CFR 91.405(a) 14 CFR 91.407(a)(1) 14 CFR 91.409(a)(2) 14 CFR 91.417(a) & (b)

I n its Petition

, CEC describes in detail (i) the Phantom 2 Vision s UAS , (ii) the CEC team that will operate the Phantom 2 Vision s UAS and the members ’ respective roles and qualifications, (iii) the proposed sUAS operations for which it seeks approval, and (iv) the various safety precautions that will be taken prior to and during the operations

. Additional information concerning the Phantom 2 Vision s UAS , consisting of the Phantom 2 Vision s UAS operating documents, is attached hereto as Exhibit s A through D ( i.e. , the Phantom 2 Vision User
Manual ; the Phantom 2 Vision Quick Start Guide ; the Smart Flight Battery Safety Guidelines ; and the Phantom 2 Vision Pilot Training Guide , respectively ). C ONFIDENTIAL
INFORMATION concerning the procedures for the proposed operation of the s UAS , which include the sign

- in sheet, preflight procedures, an d maintenance and operations checklist s , is
attached to this Petition as Exhibit E ( further endorsed as the “ CONFIDENTIAL Supplement ” )

. CEC intends to use these materials as part of its proposed operations, and requests that the CONFIDENTIAL Supplement not be made public.

All maintenance, alterations, and preventive maintenance of the Phantom 2 Vision UAS performed by CEC will be in accordance with the methods, techniques, and practices prescribed in the above documents. Furthermore, only the Original Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher level in spections and maintenance per the operating documents and OEM standards. Moreover, CEC will document and maintain all
maintenance records for the Phantom 2 Vision s UAS.

In support of its exemption request, CEC submits that (i) the Phantom 2 Vision s UAS i s both safe and reliable and will satisfy the FAA ’ s airworthiness assessment, (ii) the CEC Pilot in Command (PIC) and visual observer (VO) have the requisite knowledge and experience to ensure the safe operation of the proposed sUAS , (iii) the operation pr ocedures and parameters to be employed by CEC ensure safe sUAS operations in the NAS

, and remove the threat of harm to people and property, including other manned aircraft, and (iv) CEC ’ s proposed operations, which include without limitation, the use of th e Phantom 2 Vision s UAS to conduct aerial acquisitions of secure project sites for the benefit of the civil engineering industry, will be safer than that which would be achieved by flying a larger manned aircraft carrying crew and flammable fuel
for the same purpose

. In addition, permitting use of the Phantom 2 Vision s UAS will achieve
various economic and environmental benefits, as well as significant efficiencies associated with cost, labor and safety

, that serve the public interest

.

A. The Phantom 2 Visi on s UAS

The Phantom 2 Vision s UAS is a popular off

- the

- shelf sUAS, developed by Dajiang Innovation Technology Inc. (“ DJI ”). The Phantom 2 Vision sUAS is comprised of a vertical takeoff and landing ( “

VTOL ” ) Unmanned Aircraft ( “

UA ” ) and a transportable Ground Control2

Station ( “ GCS ” ). The Phan

tom 2 Vision s UA S has a maximum gross weight of approximately 5.5 pounds; measures approximately 12 inches in length, 12 inches in width, and 7 inches in height; and has maximum speed of approx imately 30 knots. The Phantom 2 Vision s UA S is equipped with four rotors, each being driven by a Lithium Polymer battery powered electric

motor. The Phantom 2 Vision s UAS is designed to carry an on

- board camera manufactured by
GoPro that allows it to coll ect detailed aerial acquisitions of project sites

.

B. The Proposed sUAS Operations

CEC will conduct its sUAS operations using the Phantom 2 Vision s UAS in compliance
with the FAA Notice 8900.227 Sections 12, 13, 14 and 16, issued on July 30, 2013.

The Pha ntom 2 Vision sUAS will be operated at CEC client pr oject sites by a Pilot in Command (PIC), who will be assisted by a ground

- based Visual Observer (VO) at all times during the operation

. The VO will have a clear visual line of sight to the sUAS , and will be able to communicate verbally with the PIC at all times throughout the sUAS operation

. The CEC P IC will hold a private pilot certificate, as well as an airman medical certificate, and will demonstrate, by meeting minimum flight

- hour and currency requirem ents, that the PIC is able to safely operate the Phantom 2 Vision sUAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,
vehicles and structures. B oth the PIC a nd VO will have significant experience operating a variety
of radio controlled model aircraft and have flown the Phantom 2 Vision s UAS in an indoor setting

.

Additional CEC operational restrictions for the Phantom 2 Vision sUAS that ensure safe flight include:

1. The s UAS will not be flown at night and will be operated under visual meteorological conditions ( “

VMC ” ) or where visibility is at least 3 statute miles from PIC. The use of first person view ( “

FPV ” ) by the PIC or visual o bserver ( “ VO ” ) is not permitted.

2. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (“ AGL”) , with the majority of flights anticipated to be operat e d at no more than 270 feet
AGL.

3. The s UAS will not be flown at an airspeed ex ceeding 3 0 knots.

4. The s UAS will weigh less than 6 lbs

. 5. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the s UA S with 3 0% battery power remaining.

6. The s UA S must be operated wi thin VLOS of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

7. All operations must utilize a VO. The VO may be used to sati sfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted3 during flight operations. The PIC must be designated before the flight and cannot transfer

his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents.

8. The operating documents and the grant of exemption will be accessible during s UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibi lity to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator det ermines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to the grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise rega rding updates or revisions to the operating documents.

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day ’ s activities

. It will be mandatory that all personnel who will be performing duties in
connection with the operations be present for this briefing.

10. The operator will file any necessary paperwork in light of the exemptions with the appropriate Flight Standards District Office ( “ FSDO ” )

.
11. Prior to each flight the PIC must inspect the s UAS to ensure it is in a condi tion for safe flight. If the inspection reveals a condition that affects the safe operation of the s UAS, the aircraft is prohibited from operating until the necessary mainten ance has been performed
and the s UAS is found to be in a condition for safe flight . The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly docum

ented in the aircraft records.

12. Any s UAS that has undergone maintenance or alterations that affect the s UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

13. The pre

- flight inspection must acco unt for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

14. The operator must follow the s UAS manufacturer’s aircraft/component, maintenance, overhaul, repla cement, inspection

, and life limit requirements.

15. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhau l component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the s UAS to service.

16. Each s UAS operated under this exemption must comply with a ll M anufacturer Safety4 Bulletins.

17. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

18. The s UAS will have redundancies and an independent flight termination system (FTS) that can be activated manually by the PIC to ensure the overall safety and predictability
of the s UAS

. 19. In the event of a loss of communications or signal, the s UAS is programmed to r eturn to its home base.

20. The sUAS will have the capability to abort a flight in case of unexpected obstacles or emergencies

. 21. If the multirotor and its controller disconnects during flight, the system ’ s failsafe protection will come to the rescue and the mu ltirotor will return to home and land automatically, rather than flying off uncontrollably or landing at an unknown location

. 22. If the multirotor crosses a geo

- fence guarding the 500ft perimeter from the public, it will return to home and land automatically

. 23. The s UAS will only be flown (i) in rural areas, away from any urban or congested locations, (ii) on secured private property with restricted public access, (iii) in areas located more than 5 miles away from any airport, (iv) in Class G Airspace, and (v) in such locations where the property owner has approved the contemplated sUAS operations.

24. The PIC, VO, and any additional crew members will comply with any additional safety regulations and protocols as may be required by each project site

.
25. CEC will comm

unicate information about specific operations with Air Traffic Control (ATC) nearest to the project site.

26. CEC will submit a precise description of proposed s UAS operations (Plan of Activities) to the local Flight Services District Office (FSDO) within 3 da ys prior to the sUAS operations

.
27. CEC will obtain an Air Traffic Organization (ATO) Certificate of Authorization or Waiver (COA) prior to any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airmen (NOTAM) not more than 72 hours in advance,
but not less than 48 hours prior to the operation

. 28. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, a nd have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

29. Before conducting operations, the radio frequency spectrum used for operation and control of the sUAS must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

30. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at
the Ground Control Station of the s UAS any time the s UAS is opera ting. These5 documents must be made available to the Administrator or any law enforcement official

upon request.

31. The s UA S must remain clear and yield the right of way to all manned aviation operations
and activities at all times.

32. Written and/or oral permis sion from the relevant property holders will be obtained

, confirmed and documented

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

go vernmental agencies

.
34. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. A ccidents must be reported to the National Transportation Safety Board ( “ NTSB ” ) per instructions contained on the NTSB Web site: www.ntsb.gov.

C. Relevant Previously

- Granted Exemptions

CEC bases its Petition

, in part

, on several relevant Section 333 Petitions that were granted by the FAA in 2014 and early 2015 and makes references to these exemptions throughout

. These exemptions include the following:

1. Exemption No

. 11109 (the “ Clayco Exemption ” ) for sUAS operations used to
conduct aerial imaging to mo nitor and ensure the safety of construction sites

.

2. Exemption No

. 11114 (the “ Woolpert Exemption ” ) for sUAS operations used to
conduct precision aerial surveys over Ship Island, Mississippi

.

3. Exemption No

. 11062 (the “ Astraeus Exemption ” ) for sUAS operations used for closed set filming for the motion picture industry.

4. Exemption No

. 11136 (the “ Advanced Aviation Solutions Exemption ” ) for sUAS operations used to conduct aerial surveys to support the agriculture industry.

5. Exemption No

. 11138 (the “ Trudeau Exemption ”

) for sUAS operations used to conduct real estate and aerial images of Tucson, AZ to use for marketing

purposes.

The FAA granted the se exemptions with conditions , having found that the petitioners presented an adequate showing of airworthiness and safety in their described sUAS operation to serve the public interest

. CEC ’ s proposed operation does not differ significantly from the situations presented in the Clayco, Woolpert

, and Advanced Aviation Solutions Exemptions

. In fact, the proposed Phantom 2 Vision sUAS operations establish at least an equivalent level of safety to th

e sUAS operations described in the Clayco, Woolpert

, and Advanced Aviation Solutions Exemptions, and are for purposes that will benefit the public in very simil ar ways

. Gi ven that CEC plans to operate over similar operating environments, and for similar purposes

,6

and with the airmanship skills necessary to operate the sUAS , the FAA should grant CEC’s
Petition

.

D. Recent Changes to the Exemption Process

In April 2 0 1 5, the FAA used a “summary grant” process to issue 30 Section 333 exemption approvals for unmanned aircraft systems (UAS). Use of this process is likely to speed up the Section 333 exemption process for sUAS operators such as CEC. Given that the C EC Petition is substantially similar to the previously

- granted exemption requests described above, CEC believes that use of the “summary grant” process is appropriate in evaluating this Petition.

In addition, t

he FAA made t

he following two significant c hanges to the Section 333 exemption process in April 2015 :

 The agency now allows operations under these exemptions by people who hold a recreational or sport pilot certificate. Previously, Section 333 operators were required to have at least a private pilo t certificate. The newly added certificates are easier to obtain, and therefore less costly, than a private pilot certificate.

 A third class medical certificate is no longer required. Now, a Section 333 operator only needs a valid driver’s license to sati sfy the medical requirement. This change is consistent with the agency’s approach for sport pilot certificate holders, who may fly light sport aircraft with a driver’s license and no FAA medical certificate.

FAA News & Update

- FAA Summary Grants Speed UAS Exemptions , FAA E

- Newsletter, April 9,
2015

.

CEC has been working diligently to comply with the previous requirements set forth by
the FAA , and has developed its proposed plan of sUAS operations accordingly. Given that its proposed sUAS operations follow the more stringent requirements, CEC believes that it has
exceeded what is needed to show at least an “equivalent level of safety” as required by the FAA. In light of the recent changes made by the FAA, CEC requests that the FAA use its “summary grant” authority to approve this Petition.

D. Recent FAA Rules

On February 15, 2015, the FAA issued proposed rules for operation and c ertification of sUAS, under which the Phantom 2 V ision sUAS would qualify. ( Docket No.: FAA

- 2015

- 0150;
Notice No. 15

- 01 concerning 14 CFR Parts 21, 43, 45, 47, 61, 91, 101, 107, and 183). While these rules are open for public comment, and have yet to be implemented and therefore do not
have the force of law, they are a strong indication of the FAA’s inclination to allow sUAS operations such as those proposed by CEC

. CEC continues to pay close attention to these rules and their development and ultimate implementation.

E

. Conclusion7 For all the above reasons, CEC asks that the FAA grant its request for exemption from

certain FARs, and approve its operation of the Phantom 2 Vision sUAS in the national airspace in
accordance with the limitations and restrictions set forth herein.

II. L egal Basis for the Requested Exemption under Section 333

In 2012, Congress passed the FAA Modernization and Reform Act, mandating the FAA to integrate unmanned aircraft systems (UAS) into the national airspace system (NAS)

. Section 332
of the Act authori zes the FAA to develop regulations for the civil operation of UAS weighing less than 55 pounds

. While the final UAS regulations have not yet been issued by the FAA, Congress, in Section 333 of the Act, directed the FAA to allow the operation of civil sUAS even before such final regulations are completed, to the extent that the sUAS operations do not create a hazard to the national airspace system or the public, or pose a threat to national security

. 2012 Act, §§ 333(a), (b)(1)

.

The FAA has authority purs uant to 49 U.S.C.S 44701(f) to grant an exemption from the regulation s developed for manned aircraft operations (FARs and other requirements) to the extent the FAA finds that the exemption is “ in the public interest. ” A

n sUAS operation that is in the publi c interest has been de scribed as an operation that “ 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 sUAS to commence immediately. ” See Cl ayco Exemption , p

. 8

.

Section 333 of the Act mandates the Secretary of Transportation to make a case

- by

- case determination of safety concerning proposed sUAS operations, by considering 6 factors

. The six factors are (1) size, (2) weight, (3) speed, (4) o perational capability, (5) proximity to airports and populated areas, and (6) operation within VLOS

. 2012 Act, §§ 333(c)

. Once safe operation of the sUAS is established, the Secretary must then set forth requirements to facilitate the operation of
the sUAS

.

III. Identity and Contact Information of the Petitioner

The petitioner is Civil & Environmental Consultants, Inc. , a Pennsylvania corporation with its principal place of business at:

Civil & Environmental Consultants, Inc.
333 Baldwin Road Pittsburgh, PA 15205

- 1751
Tel: (412) 429

- 2324 Fax: (412) 429

- 2114
Email: r celender @ cecinc .com Principal Contact: Richard Celender, Vice President8

All questions concerning this Petition may be directed to Thomas C. Gricks III , counsel for Civil & Environmental Consultants, Inc. , at:

Thomas C. Gricks III Schnader Harrison Segal & Lewis, LLP Fifth Avenue Place, Suite 2700
120 Fifth Avenue Pittsburgh, PA 15222 (412) 577

- 5205 tgricks@schnader.com

IV. The Phantom 2 Vision sUAS

CEC seeks an exemption to operate the Phantom 2 Vision sUAS. This sUAS has been the subject of multiple Grants of Exemption from Section 91.151 (Exemption Nos. 11153, 11157), and other previous exemptio ns granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the

s UAS are considered.

The Phantom 2 Vision sUAS is comprised of a vertical takeoff and landi ng (VTOL) Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS). The Phantom 2 Vision sUAS has a maximum gross weight of approximately 5.5 pounds; measures approximately 12 inches in length, 12 inches in width, and 7 inches in height; an d has a maximum speed of approximately 30 knots. The Phantom 2 Vision sUAS is equipped with four rotors, each being driven by a Lithium Polymer battery powered electric motor. The Phantom 2
Vision sUAS comes with an on

- board camera and can support an addi tional camera payload to collect det ailed imagery of project sites.

The technical specifications of the Phantom 2 Vision sUAS are as follows:

1. sUAS: DJI Phantom 2Vision

2. Data Link: 3DR 915 MHz Radio, and 2.4 GHz 802.11

3. Camera: DJI On

- board camera, GoPro Hero 3+ (Optional)

4. Batteries: Intelligent 52 00 mAh Li

- Po Battery

5. Empty Weight: <6lbs

6. Minimum Takeoff Weight: <6lbs

7. Maximum Takeoff Weight: < 7 lbs

8. Maximum Flight Time: 25 minutes

9. Programmed Range: >1mile

10. Maximum Wind Speed for Flight: 25 knots9 11. Maximum Speed: 30 knots

12. Programmed Speed: 10 knots

The Phantom 2 Vision sUAS is manually controllable at all times, and while it has preprogrammed autopilot capability, it is not completely autonomous and the PIC can override it at any time using manual controls. A P IC controls vertical and lateral movement by varying rotor RPM among the four rotors, independently for lateral movement and collectively for vertical

movement. A flight radar displays the current position of the Phantom 2 Vision sUAS in relation to the pi lot. If the Phanto m 2 Vision sUAS exceeds the control range of the remote control , the flight control system will trigger ‘Return

- to

- Home’, meaning the Phantom 2 Vision sUAS will automatically fly back to its takeoff point and land safely . This same featu re can be used to program flight parameters for the sUAS. In the event that the sUAS exceeds the programmed flight parameter, the sUAS will automatically fly back to its takeoff location.

Additionally, and i

n order to increase flight safety and prevent accidental flights in restricted areas, the new firmware for the Phantom 2 Vision sUAS includes a No Fly Zone feature. This feature creates a No Fly Zone around airports all over the globe, and will not allow the sUAs to enter the parameters of the No Fly Zone.

The Phantom 2 Vision sUAS tracks its battery life in real

- time through its built

- in Batter y Power Indicat o r and can be programmed to return to its launch location automatically in the event its battery life reaches 3 0%

. The Phantom 2 Vision sUAS ut ilizes a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UAV to the PIC at the ground control station. The Phantom 2 Vision sUAS uses a 3DR 915 MHz Radio, and 2.4 GHz 802.1 1 communications link, which does not require any additional Federal Communications Commission (FCC) approvals beyond what is already approved for use commercially.

The Phantom 2 Vision sUAS carries a high quality camera and a removable 4GB micro
SD card. It shoots full high definition video at 1080p/30fps and 720p/60fps . In addition to the
built

- in DJI camera, an off

- shelf GoPro Hero 3+ camera can be mounted to the Phantom 2 Vision
sUAS airfr ame. The GoPro Hero 3+ camera features include high

- definition video recording with resolutions of 1080p60, 960p60 and 720p120 fps, a wide

- angle glass lens and 10.0MP still image resolution, allowing it to take highly precise video and photographs

. A complete description of the operation and specifications of the Pha ntom 2 Vision

s UAS, the Ground Control S tation (“GCS”)

, and its software is provided at pages 7 through 17 and pages 42 through 65 of the Phantom 2 Vision User Manual. The Phantom 2 Vision sUAS is compliant with all Federal Communications Commission (FCC) requirements, and the radio frequency spectrum used for operation and control of the sUAS is set forth at page 70 of the Phantom 2 Vision sUAS User Manual. A copy of the Phantom 2 Vision User Manual, which contains proprietary information, i s attached her eto in Exhibit A.

V

. The Proposed sUAS Operation

T he Phantom 2 Vision sUAS will be used to (i) conduct routine monitoring and (ii) produc e high resolution and quality precision aerial acquisitions of project sites for the civil engineering industry

. Use of the sUAS is a low cost solution with low

- environmental impact that10

protects surveyors from the often hazardous conditions present at civil engineering project sites, while optimizing the quality and effectiveness of the data collected

.

A. Selection of Ap propriate Project Sites

CEC wishes to operate the Phantom 2 Vision sUAS for the purpose of conducting aerial acquisitions of project sites for its clients in various industr ies, including in the manufacturing, mining, natural gas, power, public sector, re al estate, and solid waste industries. Typical project sites may include: (1) commercial and residential construction sites, (2) oil and gas and alternative energy sites, (3) public utility sites, (4) mining sites, (5) quarries, (6) excavation sites, (7) w aste management sites, and (8 ) and other infrastructure development sites

. CEC will select appropriate project sites based on safety considerations and any restrictions imposed by the FAA that are related to sUAS operations ( “ Appropriate Project Sites ” or “ APS ” )

. As such, APS are limited to those project sites that have the following operating environment:

1. A P S will be located in rural areas, away from any urban or congested locations.

2. APS will be located on secured private property with restricted public access

. 3. A P S will be located more than 5 miles away from any airport.

4. A P S will be located in Class G Airspace.

5. AP S will be such locations where the property owner has approved the contemplated sUAS operations.

CEC will not operate the Phantom 2 Vision sUAS at project sites that are not determined
to be APS.

If its Section 333 exemption request is granted, CEC intends to expand its sUAS operations to other similar APS within the United States

.
B. Operator Qualifications

The Phantom 2 Vision sUAS will be operated at APS by a PIC, who will be assisted by a ground

- based VO at all times during the operation

. The VO will have a clear visual line of sight
to the s UA S , and will be able to communicate verbally with the PIC at all times throughout the
sUA S operation

.

The CEC PIC does not currently have a private pilot license or third class medical certification, although he is prepared to obtain these if necessary. The CEC PIC does, however, possess significant experience with and has demonstrated the a ppropriate skillset needed for flying sUAS. The CEC PIC has flown numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of the sUAS performance under different temperature and weather conditions. In addition, the CEC PIC practices computerized simulated flights to maintain adequate skills and response reflex
time.

With this experience, the CEC PIC can achieve an equivalent level of safety as achieved by current regulations because the risks of the CEC PIC operating the proposed sUAS at the APS
are far less than the risk levels inherent in the commercial activities outlined in 14 CFR P art 61, et seq. The Phantom 2 Vision sUAS does not carry any pilots or passenger s. Moreover, research11

has shown that a pilot’s license, while helpful, does not ensure remote control piloting skills or safe sUAS operation.

Indeed, the FAA’s recent changes to the Section 333 exemption request process supports CEC’s position. Those chan ges allow for sUAS operations by PICs who hold a recreational or sport pilot certificate , certificates that are less costly and easier to obtain than a private pilot license. Additionally, a third class medical certificate is no longer required. Instead, a sUAS operator only needs a valid driver’s license to satisfy the medical requirement. This change is consistent with the agency’s approach for sport pilot certificate holders, who may fly light sport aircraft with a driver’s license and no FAA medical certificate.

In keeping with the FAA’s current position, the CEC PIC will obtain a recreational or sport pilot certification prior to, and as a condition of, conducting the proposed sUAS operations. Nonetheless, b ecause t

he CEC PIC do es not currently hav e a private pilot license or th ird class medical certificate, CEC petitions the FAA for an exemption from the requirements of Section
61.113 (a) and (b) of Title 14 , Code of the Federal Regulations (14 C.F.R.) for the reasons set
forth in Section 8.I , belo w

. C. Training

If this Petition is granted by the FAA, the PIC and VO intend to test fly the sUAS outdoors, at the APS described above, or in locations bearing the same characteristics

. CEC will adopt the FAA

’ s finding s regarding sufficient training protoco l for its PICs , whatever they may be, prior to conducting any commercial operations of the sUAS , and proposes the following in this regard (taken from the training requirements outlined by the FAA in the Trudeau Exemption

, at pages 14

- 15, basing its analysis on the Astraeus Exemption ) :

“ T he PIC must have accumulated and log ged at least 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS

. T he PIC must also have ac cumulated and logged a minimum of 5 hours as a UAS pilot

o perating the same make and model of UAS to be used for operations under the exemption.

For clarification, these minimum hour requirements will be inclusive rather than additive; that is, 5 hours usi

ng the same system contemplated for operations may be included in the
10 hours of multirotor time and the 10 hours may be included in the total 25 hours of
UAS rotorcraft time

. In addition to the hour requirements, the PIC must accomplish 3
take

- offs and l

andings in the preceding 90 days (for currency purposes)

. ”

This will ensure that the PIC obtains sufficient flight experience to begin using the sUAS outdoors for the specified purposes outlined in this Petition

.

D. sUAS Flight Operations

The purpose of the typical sUAS flight will be to safely, accurately, and efficiently
capture aerial images of a project site

. The sUAS will collect photogrammetric pictures, and use specialized photogrammetry software to process the data

. The output will typically be a 3D surface model and high resolution aerial photographs

. Every sUAS flight will use at minimum a two man flight crew, including the PIC and
VO.12 The standard pre

- flight and operational procedure is as follows:

1. Meet at the security gate and complete pre

- flight security, as appropriate for each
site

.
2. Set up a “

no

- entry ” perimeter around the jobsite forbidding entrance by non

authorized personnel.

3. Verify that the project site is clear of non

- authorized personnel.

4. Drive to the area to be surveyed.

5. Ensure t

hat all necessary equipment, including the Flight Log, operating and flight manuals and checklists, and other documents are readily accessible

.
6. The P IC begins to ready sUAS for flight

.

a. Set up the hand held weather station on tripod

.
b. Check over the airframe, connections, and propellers for any damage during transport in vehicle

.

c

. Calibrate the camera

. d

. Turn on and ready the GCS

.

e. Connect communication antennae to the GCS

.
f. Open Ground Station software and pull up the pre

- planned photogrammetry flight path

.

g

. Remove the battery for flight, measure current voltage, and log findings in
the battery manual

.
h

. Strap the batter

y securely i

nto the sUAS ; do not attach the main power

. i

. Move the sUAS to take off point, approximately 30 feet from crew

. j

. Attach the main power

. k

. Listen to the power up sequence of beeps from the ESC and motors

.

l

. Set up traffic cones around the sUAS with a 20

- foot (approximate ) radius

. This is the “

home ” area; operators are not allowed inside this area while the electrical motor is running

.

m

. A ctivate engine power without moving the throttle up

. Follow DJI compass calibration procedure which records the “ home ” point

.

n

. Using the Ground Control Stat ion, verify connection to the sUAS

.

o

. The sUAS should appear on the screen, along with a recorded home point, battery voltage, current altitude relative to the ground, and current13 velocity

.

p

. Upload the flight path data to the sUAS

.

q

. Set a geo

- fence around the jobsite so that when crossed the sUAS returns
to Home

. The Geo

- fence will ensure that the sUAS never comes within the 500 ft limit from the public.

r

. Verify good upload and connection

.

s

. Record the time and weather in Flight Log

.

w

. The sUAS is now fully prepared and ready to go.

7. While the PIC is readying the aircraft, the VO, or secondary crew member, is prepari ng the Ground Control Points (“G C Ps” ) and walking the site

.

a

. Power up and calibrate the survey grade GPS equipmen t

. b

. Begin setting the GCPs and shooting the center of targets with survey
GPS

.

c

. While setting out the GCPs

, the secondary crew member is also making sure area is clear of all people

.
8. The PIC double checks that the take

- off area is clear.

9. The PIC takes off flying to the approximate survey altitude

.
10. The PIC instructs secondary crew member to initiate the preprogrammed flight path

. 11. The s econdary crew verifies that the Ground Station has a good connection and is tracking the sUAS

. 12. The s econdary crew then turns on the camera to take pictures at a continuous
interval

. 13. During the entire preprogrammed flight, the PIC and VO always have VLOS and
the PIC is prepared to take over flight operations as needed to ensure safe operations

. 14. The PIC ’ s Ground Station has a flight battery monitor which is set to a minimum
of 3 0% battery reserve

. The timer begins from the point the throttle is moved out of its start position

. 15. During flight, a secondary crew member vigilantly monitors the Ground Station data ( v ol tage, forward velocity, altitude, and estimated remaining time to complete the mission) and relays any sudden changes or alerts to the PIC

.
16. As the mission completes, the PIC informs the secondary crew he is taking back
over control

. 17. The s econdary crew tu rns off the camera

.
18. The PIC begins to land the sUAS

.14 19. After safely landing, the PIC immediately goes and unplugs the main power

. He then checks the pictures to verify if the pictures are good and the mission was
successful

. 20. If successful

, the secondary c rew leaves to go pick up GCPs

.
21. The PIC checks battery voltage and records in battery log

. 22. The PIC records flight time in Flight Log

. 23. The PIC turns off Ground Control and camera

.
24. The PIC looks over airframe to see if any damage or loose connections result ed from the flight, and records any findings

.
25. The PIC begins to pack all equipment up for safe transport

. VI. The Phantom 2 Vision sUAS Equivalent Level of Safety

CEC proposes that the exemption s requested herein apply to civil aircraft that have the characteristics and that operate with in the limitations listed herein

. These limitations provide for at least an equivalent or higher level of safety to operations under the current regulatory

structure

. The limitations and conditions to which CEC a grees to be bound when conducting commercial operations under an FAA issued exemption include:

1. The sUAS will not be flown at night and will be operated under visual meteorological conditions (“VMC”) or where visibility is at least 3 statute miles from PI C. The use of first person view (“FPV”) by the PIC or visual observer (“VO”) is not permitted.

2. Flights will be operated at an altitude of no more than 400 feet AGL , with the majority of flights anticipated to be operat ed at no more than 270 feet AGL.

3. The sUAS will not be flown at an airspeed exceeding 30 knots.

4. The sUAS will weigh less than 6 lbs

. 5. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the sUAS with 3 0% battery power remaining.

6. The sUAS must be operated within VLOS of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

7. All operations must utilize a VO. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must b e designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents.

8. The operating documents and the grant of exemption wi ll be accessible during sUAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the15 procedures outlined in the operating documents, the con ditions and limitations contained

in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is th e operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exempti on. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to the grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

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

con nection with the operations be present for this briefing.

10. The operator will file any necessary paperwork in light of the exemptions with the appropriate Flight Standards District Office (“FSDO”).

11. Prior to each flight the PIC must inspect the s UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the s UAS, the aircraft is prohibited from operating until the necessary mainten ance has been performed
and the s UAS is found to be in a conditio n for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly docum

ented in the aircraft records.

12. Any s UAS that has undergone maintenance or alterations that affect the s UAS op eration or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

13. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

14. The operator must follow the s UAS manufacturer’s aircraft/com ponent, maintenance, overhaul, replacement, inspection

, and life limit requirements.

15. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection,
alteration s, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the s UAS to service.

16. Each s UAS operated un der this exemption must comply with all M anufacturer Safety
Bulletins.

17. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

18. The sUAS will have redundancies and an independent flight termination system (FTS) that can be activated manually by the PIC to ensure the overall safety and predictability16 of the sUAS.

19. In the event of a loss of communications or signal, the sUAS is programmed to return to
its home base.

20. Th e sUAS will have the capability to abort a flight in case of unexpected obstacles or emergencies.

21. If the sUAS and its controller disconnects during flight, the system’s failsafe protection
will come to the rescue and the sUAS will return to home and land automatically, rather than flying off uncontrollably or landing at an unknown location.

22. If the sUAS crosses a geo

- fence guarding the 500ft perimeter from the public, it will return to home and land automatically.

23. The sUAS will only be flown (i) in rural areas, away from any urban or congested locations, (ii) on secured private property with restricted public access, (iii) in areas located more than 5 miles away from any airport, (iv) in Class G Airspace, and (v) in such locations where the property owner has approved the contemplated sUAS operations.

24. The PIC, VO, and any additional crew members will comply with any additional safety regulations and protocols as may be required by each project site.

25. CEC will communicate information about specific operation s with Air Traffic Control (ATC) nearest to the project site.

26. CEC will submit a precise description of proposed sUAS operations (Plan of Activities) to the local Flight Services District Office (FSDO) within 3 days prior to the sUAS operations.

27. CEC will o btain an Air Traffic Organization (ATO) Certificate of Authorization or Waiver (COA) prior to any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airmen (NOTAM) not more than 72 hours in advance,
but not less than 48 hours prior to the operation.

28. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C .F.R. part 45, Subpart C. Markings must be as large as practicable.

29. Before conducting operations, the radio frequency spectrum used for operation and control of the sUAS must comply with the Federal Communications Commission (FCC) or other appropriate gove rnment oversight agency requirements.

30. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the sUAS any time the sUAS is operating. These
documents must be made available to the Administrator or any law enforcement official upon request.

31. The sUAS must remain clear and yield the right of way to all manned aviation operations
and activities at all times.

32. Written and/or oral permission from the relevant property holders will be obtained.17 33. 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.

34. Any incident, accident, or flight operation that transgresses t he lateral or vertical boundaries of the operational area as defined by the applicable COA must 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 in structions contained on the NTSB Web site: www.ntsb.gov.

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

— size, weight, speed, operating capabilities, proximity to airports and populated areas

, and operation
within visual lin

e of sight and national security

— provide more than adequate justification for the grant of the requested exemption allowing commercial operation of the sUAS to support the civil engineering industry pursuant to the rules of operation described herein

. Ad ditional information concerning the sUAS operation al procedures

, which include the sign

- in sheet, preflight procedures, maintenance and operations manual

, and operating checklist,

are attached to this Petition as Exhibit B ( CONFIDENTIAL Supplement )

, which CEC requests not to be made public.

VII. Privacy

There is little risk that the proposed use of the Phantom 2 Vision sUAS will result in any privacy violations because all flights will occur over private or controlled access property with the property own

er ’ s prior consent and knowledge

. In addition, s imilar to the manned aerial acquisition flight operations that have been conducted for decades, CEC’s proposed operation of
the Phantom 2 Vision s UAS will not implicate any privacy issues. Specifically, the Phantom 2
Vision s UAS will only be operated pursuant to the specific conditions and limitations set forth herein, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. Most significant ly, the Phantom 2 Vision s UA S will not be operated closer than 500 feet to any person, vessel, vehicle, or structure, which is not directly involved in the operation.

VIII. Public Interest and Safety

The civil engineering industry routinely utilizes wor kers on the ground to monitor, take photos, and conduct surveys of project sites

. Project sites in the oil and gas, mining, excavation,
and construction industries are known to be unsafe

. Hazards at these sites include (1) exposure to dangerous chemicals, (2) unsafe ground conditions due to uneven terrain, debris, construction materials, and heavy equipment that lead to on

- site injuries, and (3) extreme temperatures which can lead to related illness and injury

. Use of the Phantom 2 Vision sUAS will increase ground safety by reducing ground surveying and the hazards associated therewith

. By flying the sUAS over the project sites, rather than putting workers on the ground, the hazards stemming from these conditions will be
removed

.
The use of th

e sUAS for these purposes will achieve significant economic efficiencies as
well

. By operating a s UAS, CEC can redu c e the time required for aerial acquisition and therefore, provide greater job stability to employees , reduce costs to our clients , all of wh ich will ultimately contribute to growth of the U.S. economy. Improved financial performance through18

the commercial use of s UAS will help provide a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allo ws companies to invest in research and development in order to remain competitive

. Finally, i nspections and monitoring of project sites by the sUAS will help project site owners identify dangerous conditions, and may prevent serious injury to employees and other on

- site and near

- site personnel.

For all these reasons, the sUAS operations contemplated by CEC achieve a level of safety equal to or greater than that which would be achieved by flying a much larger manned aircraft carrying crew and flammable fuel for the same purposes

. IX. Exemptions Requested under Section 333

CEC requests that an exemption be granted from the following regulations:

A. 14 CFR Part 21
B. 14 CFR 43.7
C. 14 CFR 43.11
D. 14 CFR 45.11
E. 14 CFR 45.21
F. 14 CFR 45.23(b)
G. 14 CFR 45.27
H. 14 CFR 45.29
I. 14 CFR 61.113(a) & (b)
J. 14 CFR 67
K. 14 CFR 91.7(a)
L. 14 CFR 91.9(b) (2)
M. 14 CFR 91.9(c)
N. 1 4 CFR 91.103(b)
O. 14 CFR 91.109
P. 14 CFR 91.119 Q. 14 CFR 91.121
R. 14 CFR 91.151(a)
S. 14 CFR 91.203(a) & (b)
T. 14 CFR 91.405(a)
, 91.407(a)(1)
, 91.409(a)(2) , and 91.417(a) & (b)

The regulations and the basis for an exemption are set forth as follows.

A. 14 CFR Part 21 Certification Procedures for Products and Parts

— prescribes the procedural requirements for issuing and changing design approvals, production approvals, airworthiness cert ificates, and airworthiness approvals.

CEC re quests an exemption from 14 CFR Part 21 to the extent applicable

. This exemption meets the requirement for an equivalent level of safety pursuant to Section 333 based on the small size, light weight, relativel y slow speed, safety and fail

- sa fe system specifications of
the Phantom 2 Vision sUAS

, and its use in controlled rural environments on private land with restricted public access , as described previously in this P etition

. Moreover, the Phantom 2 Vision
sUAS carries no fuel and is therefore not at risk of fuel spillage and fire in the event of an
accident.19 If the exemption is granted, and an airworthiness certificate is not required, noise

certification and testing also will not be required

. See FAA, Public Guidance for Petitions for Exemption Filed Under Section 333 (September 25, 2014), at 4

. In any event, the Phantom 2
Vision sUAS is a small, battery powered system designed to emit very little noise.

Notwithstanding the foregoing, t he FAA has previously determined that relief under Part 21 is not necessary for petitioners who have present ed facts substantially similar to those presented by CEC

. (See Exemption Nos

. 11109, 11114, 11062, 11136, 11138, referenced in Section I, above).

B. 14 CFR 43.7 Persons authorized to approve aircraft, airframes, aircraft engines, propellers, appliances, or component parts for return to service after maintenance, preventive maintenance, rebuilding, or alteration

— provides that the holder of a mechanic certificate or a repai r station certificate may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to
service.

CEC requests an exemption from 14 C FR 43.7

. The Phantom 2 Vision sUAS is comprised of parts and components that are no different from a model aircraft, and the contemplated operators of the Phantom 2 Vision sUAS

, who will maintain and when ne cessary repair the sUAS

, have engineering degrees

. The operators will conduct inspe ctions and maintenance based on maintenance guidelines, a ttached for reference as Exhibit B

. The capabilities of these operators to maintain and repair the Phantom 2 Vision sUAS will meet the requirements for an equivalent level of safety pursuant to Secti on 333 for the type of sUAS, its intended use, and the intended operating environment and locations

. C. 14 CFR 43.11 Content, form, and disposition of records for inspections conducted under parts 91 and 125

— provides, in pertinent part, that maintenance

reco rd entries be maintained and a record for the listing of discrepancies and placards by inspectors be maintained

. CEC requests an exemption from 14 CFR 43.11

. The Phantom 2 Vision sUAS central
frame is less than six ( 6 ) inches high

. There is no room on the sUAS to store or display placards
or records

. Additionally, no inspections for the Phantom 2 Vision sUAS have been conducted or certified by FAA at the present time

. However, as a condition to the approval of exemption, CEC
will keep log books of all main tenance and repairs, and such log books will be available at each project site during the sUAS operations

.
D. 14 CFR 45.11 Marking of Products

— prescribes, in pertinent part, that the manufacturers of aircraft, engines and propellers mark such aircraft, engin es, or propellers with an approved fireproof identification plate.

CEC requ ests an exemption from 14 CFR 45.11

. The Phantom 2 Vision sUAS , due to its small size, does not have room for fireproof identification plates to be placed in it

. Any required firep roof identification p l ates could become hazardous due to the additional we ight and strain placed on the sUAS

. E. 1 4 CFR 45.21 General

— prescribes, in pertinent part, that no person may operate a
U.S.

- registered aircraft unless that aircraft displays nationality and registration marks20 in accordance with the requirements of this section and §§45.23 through 45.33.

CEC requests an exemption from 14 CFR 45. 21

. To date, no requirements or procedures for obtaining a registration mark for a sUAS have been established by the FAA

. However, as a
condition to the approval of exemption, CEC is willing to be assigned a registration number and to display i

t to the extent practicable.

F. 14 CFR 45.23(b) Display of Marks; general

— prescribes, in pertinent part, that when marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted, or 2 light

- sport category aircraft or experimental or

pr ovisionally 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.

CEC re quests an exemption from 14 CF R 45.23 (b) , to the extent applicable

. The
Phantom 2 Vision sUAS center airframe is less than 6” in height

. D ue to its small size, the
Phantom 2 Vision sUAS does not have room to display aircraft marks in a conventional size

. However, as a condition to the approval of exemption, CEC is willing to affix an aircraft mark to
one or more of the “

arms ” of the Phantom 2 Vision sUAS mainframe

. The size of the marking
wil l be determined by the size of the “ arm ” being used and may be less than 1 inch in size

. The word “

Experimental ” will be placed on the center frame of the Phantom 2 Vision
sUAS in compliance with §45.29(f)

. However, a partial exemption from this display regulation is requested as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the
word “ Experimental ” can be placed

. Given the size of the sUAS, two

- inch lettering will be impossible

. The equivalent level of safety will be provided by having the Phantom 2 Vision sUAS marked on its center frame as required by §45.29 (f)

, where the PIC , observer and others working with the sUAS will see the identification of the sUAS as “ Experimental. ” The requested exemption is consi

stent with previous exemptions issued by the FAA

— the FAA has previously determined that relief under 14 CFR 45.23(b) is not necessar y for petitioners who have facts substantially similar to those presented by CEC

. (See Exemption Nos

. 11109, 11114, 11062,
1 1136, 11138, referenced in Section I, above).

G. 14 C.F.R

. 45.27 Location of Marks; nonfixed

- wing aircraft

— prescribes, in pertinent part, that each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23.

CEC requests an exemption from 14 C.F.R

. 45.27

. The Phantom 2 Vision sUAS does not have a cabin, fuselage, boom or tail to display the marks as required by §45.23

. CEC will ensure that marks are placed , to the extent practicable, on one of the “ arms ” of the main frame of the
sUAS.

H. 14 C.F.R

. 45.29: Size of Marks

— prescribes , in pertinent part, that the registration marks for rotorcraft must be at least 12 inches high.21 CEC requests an exemption from 14 C FR 45.29

. The Phantom 2 Vision sUAS , due to its

small size, does not have any surface area large enough to display marks that are 12 inches high

. A s a condition to the approval of exemption, however, CEC is willing to affix an aircraft mark to
one or more of the “

arms ” of the main frame of the sUAS

. The size of the marking will be determined by the size of the “ arm ” being used and may be less than 1 inch in size.

I. 14 CFR 61.113(a) and (b) Private pilo t privileges and limitations: Pilot in
command

— prescribe that (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as the PIC of an aircraft; (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if (1) the flight is only incidental to that business or employment; and (2) the aircraft does not carry passengers or property for compensation or hire.

CEC requests an exemption from 14 C.F.R

. 61.113

. U nder § 61.113 (a) and (b) private pilots are limited to noncommercial operations . H owever , the CEC PIC can achieve an equivalent lev

el of safety as achieved by current regulations because the Phantom 2 Vision sUAS does not carry any pilots or passengers. Further more, a pilot license does not ensure adequate remote control piloting skills ; only RC operating experience can establish such skills.

For conducting safe sUAS operations

, it is more important that the PIC of the sUAS be experienced, particularly with the sUAS at issue, than for the PIC to have a pilot’s license

. The PICs operating under this exemption will be experienced

. The CEC PIC has flown numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of the sUAS performance under different temperature and
weather conditions. The CEC PIC also practices computerized simulated flights to maintain adequate skills and response reflex time. Finally, t he CEC PIC ha s two (2) years of recreational sUAS flight experience and a deep knowledge of sUAS systems , and, therefore, meets or
exceeds th

e present level of safety envisioned under this Section

.

Model aircraft, RC planes, and even certain unmanned military systems are routinely flown, successfully and safely, by hobbyists or personnel who do not have a private or
commercial license

. Research into this area has shown that the skill set needed to successfully and safely operate the UAS is very different from the set of skills needed by a pilot of manned
aircraft

. In fact, research has shown that a manned aircraft pilot is not equipped, merely by virtue of his obtaining pilot certification , to fly or operate a remote

- controlled unmanned aircraft safely

. In fact, in some cases a manned aircraft pilot’s training may be counterproductive when operating unmanned aircraft. 1

1 Examples of this research can be found in (1) Michael J

. Barnes, Beverly G

. Knapp, Barry W

. Tillman,
Brett A

. Walters & Darlene Veliki, Crew S ystems A nalysis of U nmanned A erial V

eh icle (UAV) F

uture J ob
and T asking E nvironments , Technical Report ARL

- TR

- 2081, Aberdeen Proving Ground, MD: Army Research Laboratory, page 12 (2000); (2) Kevin W

. Williams, Unmanned Aircraft Pilot Medical Certification Requirements, Report DOT/FAA/AM

- 07/3, FAA Civil Aerospace Medical Institute, page 2, (2007), available at http://fas.org/irp/program/collect/ua

- pilot.pdf ; and (3) Jason S

. McCarley & Christopher D

. Wickens, Human Factors Implications of UAVs in the National Airspace, Institute of22 CEC recognizes that the FAA, in addressing other Section 333 exemption request s , has

made it clear that it does not have the requisite authority to exempt a petitioner from the statutory requirement to hold an airman certificate under 49 USC § 44711 , and has f ou nd that a pilot certificate would ensure that a PIC passes the security screening of the Department of Homeland Security

. In April 2015, however, the FAA relaxed its position and changed the Section 333 exemption request process to allow PICs with spor t or recreational pilot licenses to conduct sUAS operations such as those contemplated by CEC. The FAA also eliminated the need for a
PIC to hold a third class medical certificate.

If the FAA is unwilling to grant CEC’s request for a full exemption from 14 C.F.R.
61.113

, CEC asks that the FAA grant it the same relief that it has granted to other petitioners who presented substantially similar facts to those of CEC

. See Exemption Nos

. 11109, 11114, 11062, 11136, 11138, referenced in Section I, above , and t he FAA’s recently publicized changes to the Section 333 Exemption request process

. For example , in the Trudeau Exemption , the FAA required the PIC to obtain at minimum, a private pilot license and outlined a training program to substantiate the PICs experi ence

. CEC has already adopted the same training program . I f

necessary, CEC will require that its PIC obtains a commercial or sport pilot license

. In fact, the
CEC PIC is already in the process of obtaining such a license.

J. 14 CFR Part 67 Medical Standards and Certification

— gives the FAA the authority to issue the necessary medical standards and certifications for pilots

. FAA Notice 8900.227, paragraph 16.c.(4) PIC Medical, states, in pertinent part, that the PIC must maintain, at a minimu m, a valid FAA second

- class medical certifica te issued under 14 CFR P art 67, Medical Standards and Certification, or the FAA

recognized equivalent

. Paragraph 16.e.(1) of the same Notice requires , in pertinent part, that all observers must have a valid FAA second

- class medical certificate issued under part 67; an FAA

- recognized equivalent is an acceptable means of demonstrating compliance with this requirement

. The FAA notes that the notice referenced above is now incorporated into FAA Order 8 900.1, vol

. 16, ch

. 4., sec

. 1.

CEC requests an exemption from FAA Notice 8900.227, paragraph 16.c.(4) and 16.e.(1) which requires that a PIC require a valid FAA second

- class medical certificate under 14 CFR 67

. CEC’s currently contemplated PIC do es not currently hold a valid FAA medical certificate

. CEC respectfully submits that a second

- class medical certificate is un warranted in this instance
because (i) the sUAS is no different a mo del aircraft, weighs less than 6 lbs

. including payload, and will not carry any pilot or passengers, (ii) the area of operation is controlled and restricted,
and (iii) all flights will be planned and coordinated in advance with an auto

- pilot feature and fail

safe programs to account for user error

. There is little chance that the medical c ondit ion of the
PIC will affect the Phantom 2 Vision sUAS operations in any unsafe or damaging way

.

Aviation, Aviation Human Factors Division, University of Illinois at Urbana

- Champaign, 13 (2004), available at http://w ww.tc.faa.gov/logistics/grants/pdf/2004/04

- G

- 032.pdf , citing Barnes, supra.23 In light of the FAA’s recent decision to allow PICs to operate sUAS with only a driver’s

license and without a third class medical certificate, CEC asks that the FAA grant it the same
relief from FAA Notice 8900.227, paragraph 16.c.(4) and 16.e.(1), that it has granted to other petitioners who presented substantially similar facts to that of CEC

.

K. 14 CFR 91.7(a) Civil aircraft airworthiness

— prescribes that no person may operate a civil aircraft unless it is in an airworthy condition.

CEC requests an exemption from 14 C F R 91.7(a)

. Currently there is no standard for determining the airworthiness of a n sUAS, and no airworthiness certificate can be issued for the
Phantom 2 Vision sUAS should this exemption be granted

. An equivalent level of sa fety is met, given the size, weight , and performance specifications of the Phantom 2 Vision sUAS

, as well as th e requirements contained in the flight operations described above, including the maintenance procedures and use of safety check lists prior to each flight that have been submitted as Exhibit B

.
L. 14 CF R

. 91.9(b)(2 ) Civil aircraft flight manual, marking, and placard requirements

—

prescribes, in pertinent part, that no person may operate U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airp lane or Rotorcraft Flight Manual , approved manual material, markings, and placards, or any combination thereof

. Approvals are granted under 14 CFR 91.203 (a) and (b).

CEC requests an exemption from 14 CFR 91.9(b)(2)

. First, there is currently no approval process for Airplane or Rotorcraft Flight Manuals

. Second, t he FAA has pr eviously determined that relief from this section is not required, provided that relevant materials are kept in a location accessible to the PIC in compliance with the regulations

. See the Trudeau Exemption at pg. 17

. CEC has provided a flight operations m anual and relevant materials for use during the sUAS operations, which it requires to be readily accessible to the PIC and VO during all sUAS operations.

M. 14 C.F.R

. 91.9(c) Civil aircraft flight manual, marking, and placard requirements

—

prescribes that “ (c) No person may operate a U.S.

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

CEC requ ests an exemption from 14 CFR 91.9(c)

. As previously stated, there is no current registration process for sUAS; and t he Phantom 2 Vision sUAS , due to its small size, does not have room to contain fireproof placard or to display aircraft marks in a conventional
size

. However, as a condition to the approval of petition

, CEC is willing to affix an aircraft mark

to one or more of the “

arms ” of the sUAS

. The size of the marking will be determined by the size
of the “ arm ” being used and may be less than 1 inch in size.

N. 14 CF R 91.103(b)(2) Preflight action

— prescribes that each PIC shall, before beginning a flight, become familiar with all available information concerning that flight

. This information must include... (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: (1) For
civil aircraft for wh

ich an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph24 (b)(1) of this sectio n, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

CEC requests an exemption from 14 CFR 91.103(b)(2)

. C urrently, t here is no approval process for Airplane or Rotorcraft Flight Manuals

. However, t he CEC PIC will, prior to conducting any sUAS operations, become familiar with all available information concerning that flight

. Such actions, described at length in this Petition, will include reviewing weather conditions and visibility, flight battery life, landing and takeoff distances, and all other aircraft performance dat a prior to any sUAS operations

. The flights of the Phantom 2 Vision sUAS will only be cond ucted at APS , with the PIC and VO having extensive knowledge of the operating
environment

. O. 14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight

tests

— prescribes, in pertinent part, 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.

CEC re quests an exemption from 14 CFR 91.109

. Remotely piloted aircraft, including
the Phantom 2 Vision sUAS , are designed and constructed without dual controls

. Flight control will be 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 limited size and speed of
the aircra ft and by the fact that neither a pilot nor passengers will be carried in the aircraft

. Moreover, the Phantom 2 Vision sUAS has a control system with a mix mode feature that allows for intermittent manual override of the autopilot control to achieve maximum safety and controlled operation of the Phantom 2 Vision sUAS

. P. 14 CFR 91.119 Minimum safe altitudes: General

— prescribes th

at, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere

. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface

. ( b) Over congested areas

. Over any congested area of a city, town, or settlement, or over

any open

- air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft

. (c) Over other than co ngested

areas

. 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

. (d) Helicopters, powered parac hutes, and weight

- shift

- control aircraft

. If the operation is conducted without hazard to persons or property on the surface ... (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or paragraph (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight

- shift

control aircraft may be operated at less than the minimums prescribed in paragraph ( c) of this section.

CEC requests an exemption from 14 CFR 91.119

. CEC will not operate the Phantom 2
Vision sUAS at an altitude higher than 400 feet AGL

. Furthermore, while CEC will not be operating over any congested areas, the sUAS will necessarily be flown within 500 feet of the25

structures it will be examining

. The requirements set out in this petition for the sUAS operations contemplated by CEC provide for a n equal or greater level of safety than that which would be provided by the operation of manned aircraft maintaining a distance of at least “ 500 feet to any person, vessel, vehicle, or structure

, ” in light of the small size and relatively light weight of the sUAS, the close monitoring of the flight by both the pilot in command and the secondar y ground crew member

, the remote and secured nature of the operating environment, and the other detailed operating
limitations described in this Petition

. Q. 14 CFR 91.121 Altimeter settings

— prescribes, in pertinent part, 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.”

CEC requests an exemption fr om 14 CFR 91.121

. CEC will not operate the Phantom 2
Vision sUAS above 400 feet AGL , nor will it operate the Phantom 2 Vision sUAS at a sustained cruising altitude like a manned aircraft

. The laptop used in the ground station has live feedback
information about the sUAS operation, including but not limited to, the altitude of the sUAS, its forward velocity, and the compass heading

. The PIC will be able to observe and control the
maximum altitude of the sUAS at all times

. Additionally, the sUAS will be operated within the line of sight

. For all these reasons, an equivalent level of safety to that contemplated by Section
91.121 will be provided

. R. 14 CFR 91.15 1(a) Fuel requirements for flight in VFR conditions

— prescribes that no person may begin a flight in an airplane under visual flight rules (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, t o fly after that
for at least 45 minutes.

CEC requests an exemption from 14 CFR Part 91.151 (a)

. The Phantom 2 Vision sUAS will be operated in a manner that is at least as safe as the operation of a manned aircraft complying with Part 91.151 (a) because the sUAS will only be flown in daylight, and the short
distances over which the sUAS will be operated (substantially less than one mile ) will allow the sUAS to be flown to a safe landing point w ithin the area of operation in a short period of time

. Duri ng the entire pre

- programmed flight, the PIC will always have a visual line of sight and be prepared to take over

. The PIC ’ s Ground Station has a flight count down timer which is
set to a minimum of 3 0% battery reserve ; more than enough to safely fly the s UAS back to the roped off “

home ” area

. Given the limited size and speed of the sUAS, its ability to land safely almost anywhere,
the fact that it will be under the PIC and VO’s visual observation at all times, and will be
operat ed in a tightly controlled area, where all people other than the PIC and VO will be removed before flight, permitting its operation with less than 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was intended to alleviate

. S. 14 CFR 91.203(a) and (b ) Civil aircraft: Certifications required

— . Section 91.203(a) prescribes, in pertinent part, that no person may operate a civil aircraft26 unless it has within it

— (1) An appropriate and current airworthiness certificate; and (2) An effective U.S

. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft Registration Application as provided for in § 47.31(c)

. Section 91.203(b) prescribes, in pertinent part, that no

pers on may operate a civil aircraft unless the airworthiness certificate 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.

CEC requests an exemption from 14 CFR 9 1.203(a) and (b)

. First, there currently are no procedures set forth by the FAA for providing airworthiness certificates for sUAS

. A s a condition to the approval of exemption, however, CEC will display on the sUAS a registration certificate or equivalent t

hat is issued by FAA pursuant to this petition at the ground point control, where the operator will have immediate access to it

.
S econd, the sUAS that CEC will use weighs less than 6 pounds, and has an equivalent, if not greater, level of safety as manned aircraft with an airwort hiness certificate

. The flight
controller and Ground Station software provides a number of safety features in addition to acting
as the command and sUAS controller.

. Because of the use of GPS with the sUAS, the operator
will set the initial location of flight takeoff ( “ H ome P osition

” ) and if the radio control link is broken, the flight controller will recognize this broken control link and cause the sUAS to automatically return to the Home P osition as recorded by the GPS instr umentation

. Additionally,
because the sUAS team will mark off an area with traffic cones having a 20

- ft

. radius, approximately 30 ft

. from the operators as the “ Home P osition

” for the sUAS to return, no one will be standing in its path

. See Exhibits A and B

. In the restricted environment and under the conditions proposed, operation of the sUAS will be at least as safe as a conventional aircraft (fixed wing or rotorcraft) operating with an
airworthiness certificate , but without the restrictions and conditi ons proposed by CEC

. CEC will not accept assignments from clients who are within 5 miles of controlled airspace without first gaining written and/or oral perm ission from air traffic control (ATC)

.
The Phantom 2 Vision sUAS to be o perated hereunder is less than 6 pounds inclusive of batteries and technical payload, carries neither a pilot nor passengers, and carries no explosive materials or flammable liquid fuels

. The Phantom 2 Vision sUAS will be tightly controlled and
monitored b y the PIC and VO , and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation

. The FAA will have advance notice of all operations

. These safety enhancements provide a greater degree of s afety to the public and property owners than conventional operations conducted with airworthiness
certificates

. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the Phantom 2 Vision sUAS

, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial payload

. T. 14 CFR 91.405(a) Maintenance Required , 91.407(a)(1) Operation after maintenance, preventi ve maintenance, rebuilding, or alteration , 91.409(a)(2) Inspections , 91.

- 417 (a) and (b) Maintenance Records

— Section 91.405(a) prescribes, in pertinent part, that each 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 discrepancies27 repaired as prescribed in part 43, Maintenance, Preventive, Maintenance, Rebuilding,
and Alteration

. Section 91.407(a)(1) prescrib es that no person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of this chapter

. Section 91.409(a)(2) prescri bes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21

. Section 91.417(a) and (b) prescribe, in pertinent part, that ... (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, an nual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft

. The records must include ... (i) a description (or reference to data ac ceptable to the Administrator) of the work performed; (ii) t he date of completion of the work performed; and (iii) t he signature and certificate number of the person approving the aircraft for return to
service

. (2) Records containing the following informa tion: (i) The total time in service of the airframe, each engine, each propeller, and each rotor

. (ii) The current status of
life

- limited parts of each airframe, engine, propeller, rotor, and appliance

. (iii) The
time since last overhaul of all items insta lled on the aircraft that are required to be overhauled on a specified time basis

. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under
which the aircraft and its applianc es are maintained

. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date

. If the AD

or safety directive involves recurring action, the time and date when the next action is required

. (vi) Copies of the forms prescribed by § 43.9(d) for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances

. (b) The owner or operator shall ret ain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed

. (2) The records specifie d in paragraph (a)(2) of this section shall be
retained and transferred with the aircraft at the time the aircraft is sold

. (3) A list of defects furnished to a registered owner or operator under § 43.11 shall be retained until the defects are repaired and the aircraft is approved for return to service.

CEC requests an exemption f rom 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.

- 417 (a) and (b)

. CEC respectfully submits that it has demonstrated in its Petition that the capability of the PIC and sUAS operators to maintain and repair the Phantom 2 Vision sUAS

meets Section 333’s requirement for an equivalent level of safety

. The PIC will perform routine maintenance and inspection of the Phantom 2 Vision sUAS a nd be authorized to approve the
Phantom 2 Vision sUAS for return to service

. Additionally, the PIC will ensure that the Phantom
2 Vision sUAS is in an airworthy condition prior to any flight, and will conduct detailed inspection s pursuant to the maintenance m anuals

. Detailed inspection records will be kept at all times by CEC

. Given the size, construction, and simplicity of the Phantom 2 Vision sUAS , an equivalent level of safety is provided

.28

X. Certificate of Authorization or Waiver

This exemption request is a p rerequisite to CEC’s application for a commercial Certificate of Authorization or Waiver (COA) to use the Phantom 2 Vision sUAS for the purpose
of aerial acquisition and monitoring of secure project sites in support of the civil engineering industry, including without limitation construction, excavation, transportation infrastructure, mining, and oil and gas sites

.

XI. Conclusion

CEC respectfully submits that it has demonstrated that (i) the Phantom 2 Vision sUAS is
both safe, reliable and will sa tisfy the FAA’s airworthiness assessment, (ii) the Pilot in Command (PIC) and visual observer (VO) have the requisite knowledge and experience to ensure the safe operation of the Phantom 2 Vision sUAS , (iii) CEC has provided and will comply with the
operat ion procedures and parameters that further ensure safe sUAS operations in the national airspace, removing any legitimate threat of harm to humans and property, including o ther manned aircraft, and (iv) CEC’s proposed operations, which include wit hout limit ation, the use
of the Phantom 2 Vision sUAS to conduct aerial acquisitions , monitoring and surveying of secure project sites for the benefit of the civil engineering industry, achieve a level of safety equal to or greater than that which would be achieved by flying a larger manned aircraft carrying crew and flammable fuel for the same purposes

. In addition, permitting use of the Phantom 2 Vision sUAS will achieve various economic and environmental benefits, as well as significant efficiencies,
associated with cost, labor and safety, that serve the public interest.

CEC asks that the FAA grant its request for exemption from the above d escribed FARs under Section 333, and approve its operation of the Phantom 2 Vision sUAS in the national airspace in accordance with the limitations and restrictions set forth herein.