August 11, 2015

U. S. Department of Transportation

Docket Management System 

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119; 91.121; 91.151(a); 91.405 (a); 91.407(a) 

(1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, Souder Miller & Associates (“SMA”) an operator of the unmanned aircraft system Sky Hero

600 (the “Sky Hero 600”) hereby applies for an exemption from the listed Federal Aviation Regulations (the 

“FAR”) to allow SMA’s commercial operation of its UASs, referred to as the Sky Hero 600, to permit SMA 

to conduct mapping, survey applications and photogrammetry so long as such operation are conducted within 

and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As detailed in this document and the attached SMA UAV Pilot Operations Handbook (the “SMA 

Operations Handbook”) and SMA UAV Inspection and Check List (the “SMA Checklist”), the requested

exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 

2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best 

practices safety protocols followed by SMA at each one of its construction sites. Approval of this 

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

Administrator's) responsibilities to "... establish requirements for the safe operation of such aircraft 

systems in the national airspace system." Section 333(c) of the Reform Act.

The name and address of the applicant is:

Miller Engineers, Inc. d/b/a 

Souder, Miller & Associates (hereafter “SMA”)

3451 Candelaria NE, Suite D

Albuquerque, New Mexico 87107

PH: (505) 299-0942

Email: bill.brewster@soudermiller.com
U. S. Department of Transportation

August 11, 2015

Page 2

Regulations from which the exemption is requested:

 14 C.F.R. Part 21 q 

 14 C.F.R. 45.23(b) q 

 14 C.F.R. 61.113 (a) & (b)

 14 C.F.R. 91.7 (a) q 

 14 C.F.R. 91.9 (b) (2) q 

 14 C.F.R. 91.103 q 

 14 C.F.R. 91.1090

 14 C.F.R. 91.119 q 

 14 C.F.R. 91.121 q 

 14 C.F.R. 91.151 (a)

 q 14 C.F.R. 91.203 (a) & (b)

 14 C.F.R. 91.405 (a) q 

 14 C.F.R. 407 (a) (1) q 

 14 C.F.R. 409 (a) (2) q 

 14 C.F.R. 417 (a) & (b)

I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including 

sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate.

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

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 

CFR §91.203(a) (1). Section 333(b) of the Reform Act assists the Secretary in determining whether

sUAS may operate in the National Airspace System (NAS) without creating a hazard to the user, the 

public, or a threat to national security. If the Secretary determines that a sUAS "may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft 

in the national airspace system." Id. §333(c).

SMA's sUAS are multirotor vehicles, weighing 10 or fewer lbs. including payload. They operate under 

normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the 

vertical and horizontal plane simultaneously. The sUAS will operate only in the Pilot's visual line of sight 

at all times and will operate only within the sterile area described in the Confidential Sky Hero 600 Flight

Manual, attached as Exhibit 1(hereinafter "the Manual"). Such operations will insure that the sUAS will 

"not create a hazard to users of the national airspace system or the public." Reform Act Section 333 (b).

Given the small size of the sUAS involved and the restricted and sterile environment within which they 

will operate, our application falls squarely within the 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.
U. S. Department of Transportation

August 11, 2015

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Also due to the small size of the sUAS and the low altitudes and restricted areas in which the sUAS will 

operate, approval of the application presents no national security issue. Given the clear direction in 

Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the 

strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, 

including enhanced safety, the grant of the requested exemptions is in the public interest.

Accordingly, SMA respectfully requests that the FAA grant the requested exemption without delay.

II. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking 

required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress's 

intent of allowing UAS to operate with significant safety precautions in low risk environments.

The use of sUAS on a construction site can significantly reduce the risk to workers of falls while 

inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, and collect data on 

hard to get to areas that otherwise would require worker inspection. Falls are a leading source of 

workplace fatality and injury on construction sites i , and reducing falls through sUAS use for site 

imaging could save workers lives.

Additionally, sUAS could replace the use of helicopters and small aircraft to monitor sites. The sUAS we 

propose to fly in this application are under five pounds, and carry no combustible material on board, as 

opposed to the much larger conventionally powered small aircraft. Shifting to sUAS from helicopters 

presents a marked safety increase for our workers and the public.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial 

imaging and data collection over a construction site. Our sUAS use rechargeable lithium ion batteries, as 

opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY

SMA proposes that the exemption requested herein apply to sUAS that have the characteristics and that 

operate with the limitations listed herein. These limitations provide for at least an equivalent or even 

higher level of safety to operations under the current regulatory structure because the proposed operations 

represent a safety enhancement to the already safe protocols followed on construction sites and imaging 

and surveying operations conducted with helicopters and other conventional aircraft.

SMA will be bound by the following limitations when conducting its sUAS operations under an FAA 

issued exemption:

1. The sUAS will be less than 10 pounds.

2. Flights will be operated within visual line of sight of a pilot.
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August 11, 2015

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3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates 

battery reserve in real time, and will return to its ground station with at least 20% battery power 

reserve should that occur prior to the 30 minute limit.

 4. Flights will normally be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL.

5. Any site within 5 miles of an airport will not be flown without notification and approval of the 

local FAA Flight Standards District Office (FSDO) and airport controller.

6. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his visual 

line of sight at all times.

7. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in the Flight 

Manual.

8. The sUAS will only operate within a confined "Sterile Area" as defined in the Manual. The 

Manual also requires the establishment of a "Security Perimeter" for the flight operations area.

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

production activities. It will be mandatory that all personnel who will be performing duties within 

the boundaries of the safety perimeter be present for this briefing.

10. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will 

obtain additional verbal or written consent of all persons who will be allowed within 100 feet of 

the flight operation.

11. Pilot will have been trained in operation of UASs generally and received up-to-date information 

on the particular UAS to be operated as required by Section F of the Manual.

12. Written and/or oral permission from the relevant property holders will be obtained.

13. 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.

14. If the sUAS loses communications or loses its GPS signal, it will have capability to enter "loiter 

mode" and hover, reestablish satellite connection, and return to a predetermined location within 

the Security Perimeter and land.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations 

Pilot in command Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because 

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

safety of current operations by requiring the Pilot operating the aircraft to have (1) completed a sUAS 
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August 11, 2015

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flight training course of 100 hours before flying a sUAS (See Section F of the Manual for more details) 

and (2) a Sport Pilot certificate. 

The FAA has previously acknowledged in prior grants of exemption under Section 333 that a commercial 

pilot's certificate was not necessary to operate a sUAS, but that the FAA could not waive the requirement 

for an FAA-issued pilot's license. A Sport Pilot certificate addresses the FAA's requirement that the Pilot 

in command have the requisite training and understanding of the National Airspace System, and also 

ensures that the Pilot is registered with the FAA and will not pose a risk to national security. The Sport

Pilot certificate also does not require the Pilot to undertake the additional cost and time of additional 

manned aviation flight time that the Private Pilot's license requires and which will not translate to skill or 

competency operating the sUAS.

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with 

no living thing or cargo on board. Sky Hero 600's sUAS is also operated by an autopilot, which greatly 

reduces the danger of human error. The area of operation is controlled and restricted to hard hat areas, 

and all flights are planned and coordinated in advance as set forth in the Manual.

The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area 

as set out in the Manual. Like other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by the operator, pursuant to the Manual's requirements, and under the 

requirements and in compliance with local public safety requirements, to provide security for the area of 

operation as is currently done on active construction sites. The FAA will have advance notice of all

operations.

The risks associated with the operation of the sUAS are therefore diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, and allowing operations of 

the sUAS as requested with a Pilot who has met the minimum requirements stated in Section F of the 

Manual achieves the level of safety contemplated by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of 

flight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, 

including checking for weather conditions, checking flight battery requirements, checking takeoff and 

landing distances, and all other actions in the Preflight Checklist in the Manual. These actions will 

provide an equivalent level of safety. See Appendix A of the Manual.

14 C.F. R. 91.119: Minimum Safe Altitudes

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

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is 

for a multirotor craft that flies similarly to a helicopter, with vertical take-off and vertical landing, which 

will typically operate at altitudes of 200 AGL, so an exemption may be needed to allow such operations. 

The sUAS will never operate at altitude higher than 400 AGL and will be in a restricted area.
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With security perimeter, where buildings and people will not be exposed to operations without their preobtained consent. See Manual for detailed procedures.

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because of the advance notice to the property owner and any onsite personnel as outlined 

in the Manual, all affected individuals will be aware of the planned flight operations. Unlike flight 

operations with aircraft or rotorcraft weighing far more than the maximum 10 lbs. proposed herein, our 

sUAS will not carry flammable fuel. In addition, the low-altitude operations of the sUAS will ensure

separation between sUAS operations and the operations of conventional aircraft that must comply with 

Section 91.119.

14 C.F.R. 91.121: Altimeter Settings

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

altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available 

before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, 

an exemption may be needed.

An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check 

list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is 

limited to operations in sterile and controlled environments as outlined in the Manual, and has a limited 

range and flight time which require an exemption from 14 CFR 91.151(a).

The battery powering the sUAS provides approximately 35 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 5 

minutes in length. Given the limitations on the sUAS's proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR 

conditions is reasonable.

SMA believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See 

Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 

91.151 (a)). Operating the small sUAS, in a tightly controlled area where only people and property 

owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce 

the utility for which the exemption will be granted.

An equivalent level of safety can be achieved by limiting flights to 30 minutes, or enough battery reserve 

to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by 

the onboard monitoring system and the Pilot), whichever happens first. This restriction would be more 

than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.
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Similar exemptions have been granted to other operations, including Exemptions 2689F 5745, 10673, 

and 10808.

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) &(b): Maintenance inspections

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

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

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

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

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

sections will not apply to SMA. Maintenance will be accomplished by the operator pursuant to the flight 

manual and operating handbook as referenced in the Manual. An equivalent level of safety will be 

achieved because these small sUAS are very limited in size and will carry a small payload and operate 

only in restricted areas for limited periods of time. If mechanical issues arise the sUAS can land 

immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the 

Pilot will ensure that the sUAS is in working order prior to initiating flight, perform required

maintenance, and keep a log of any maintenance performed. Moreover, the Pilot is the person most 

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

equivalent level of safety.

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

should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 

C.F.R. §§ 61.113( a) &(b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) 

and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate

commercially a small unmanned vehicle (551bs or less) in construction operations.

Approval of exemptions allowing commercial operations of sUAS in the construction industry enhances 

safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the 

craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS 

weighing fewer than 10 lbs. and powered by batteries eliminates virtually all of that risk given the 

reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew 

and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small sUAS, weighing less than 10 lbs., conducted in the strict conditions outlined 

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

including exempting the applicant from the requirements of Part 21 and allowing commercial operations. 

These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, 

as a result, are far safer than conventional operations conducted with turbine helicopters operating in

close proximity to the ground and people.
U. S. Department of Transportation

August 11, 2015

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Privacy

All flights will occur over private or controlled access property with the property owner's prior consent 

and knowledge. Images taken will be of individuals who have also consented to being filmed or 

otherwise have agreed to be in the area where aerial photography will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, 

operating capabilities, controlled operating environment and operation within visual line of sight and 

national security — provide more than adequate justification for the grant of the requested exemptions 

allowing commercial operation of applicant's sUAS in construction industry pursuant to the Manual 

appended hereto.

Sincerely,

MILLER ENGINEERS, INC. d/b/a

SOUDER, MILLER & ASSOCIATES

William F. Brewster, Vice President