1475 Richardson Drive, STE 255, Ri chardson, Texas 75080 ~ Offic e 469‐317‐0250 Fax 214‐295‐9844 TBPLS Firm Registration No. 10177500

February 8, 2016

Docket Operations, M‐30 U.S. Department of Transportation 1200 New Jersey Ave, SE Room W12‐140, West Bui lding Ground Floor Washington, DC 20590‐0001 Re: Exemption Request Under Section 333 of the FAA Reform Act a nd Part 11 of the Federal Aviation Regulations

Dear Sir/Madam:

Pursuant to Section 333 of the FAA Moderniz ation and Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, Adams Surveyin g Company (“ASC”) a professional land su rveying company does hereby respectfully apply for an exemption from the Federal Aviation R egulations ("FARs") listed below to allow for the commercial operation of its Unmanned Aircraft Systems ( “UASs”), so long as said operations are
conducted within and under the defined conditions herein or as established by the FAA as required by

Section 333.

As described below in greater detail, this requested exemption would support an application for a
commercial Certificate of Authori zation (“COA”) and permit the operation of small, inexpensive Unmanned Aircraft Systems (“UAS”) in airspace and under restric ted conditions including:

1.     Precision Photogrammetry – This operation would performe d with express written permission from the owner/representative of the subject property for the purpos e of producing high detail 3D modeled surfaces to be used for preliminary engineering design and volu me calculations. This operation would be conducted in airspace no more tha n 400 feet Above Ground Level (“AGL”) and the UAS will remain within Visual Line of Sight (“VL OS”) of the Pilot in Command (“ PIC”) and Safety Obs erver (“SO”) at all

times.

2.     Aerial Photography & Videography of Commercial and Resid ential Land Develo pments – These operations would be performed with express written permission f rom the owner/representative of the subject property to obtain qualit y aerial photos & videos of ex isting ground features, vegetation, and man‐made structures. This operation would be conducted in airsp ace no more than 400 feet AGL and
the UAS will remain within the VLOS of the PIC and SO at all ti mes.2 | Page U.S. Department of Transportation As a result of the UAS’s lightwe ight, historically demonstrated flight performance, on board GPS system, fully qualified flight personnel, and strict operation under th e guidelines established, the FAA can have confidence that ASC’s operation will have an equivalent or grea ter level of safety compared to manned aircraft performing the same missions.

With the small size of the UAS that ASC intends to operate and the restrictive conditions within which ASC will operate, ASC’s operation s fall within that zone of saf ety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow comm ercial operations of UASs to commence immediately. Also due to the size of the UAS and the l imited areas in which ASC will operate its UAS, approval of th e application presents no issues to loca l, state, or national security.

ASC asks that the exemption reque sted in this letter apply to c ivil aircraft that have the characteristics and that operate with the restri ctions listed below. These rest rictions will provide an advanced level of safety for operations using the UAS.  ASC agrees to abide by th ese restrictions when conducting commercial operations under an FAA issued exemption:

1. The UAS will weig h less than 55 lbs.

2. All flights will be conducted w ithin the VLOS of the PIC and the SO.

3. A site inspection will be condu cted prior to any flights in order to identify potential flight hazards.  A Safety Perimeter of no less than 20 feet in diameter will be es tablished to ensure that the UAS has an
unobstructed area from which to take off and land safely.

4. The total flight time for each flight will be limited based on battery capacity. The current battery technology for the UAS allows for approximately 25 minutes of o peration. Future battery technology will likely increase operational flight times, and as such, the maxi mum flight time will continue to increase. However, all operational flights will be concluded prior to the unit reaching a 20% battery capacity in
order to assure that the UAS has adequate capacit y for a safe, controlled return flight.

5. Flights will be conducted at a maximum altitude of no more t han 400 feet Above Ground Level (“AGL”).

6. The UAS operator will be train ed and certified in the proper operations and safety of the UAS.

7. The operator will be trained i n the operation of UAS general ly and receive any updated information concerning the particular UAS being operated.

8. In the event that the UAS los es communications or loses its GPS signal, the UAS will have the capability to return to and land at a pre‐determined “home” loc ation within the Safety Perimeter.4 | Page U.S. Department of Transportation Adams Surveying Company, LLC

Appendices:

A. Exemption Requests and E quivalent Level of Safety

B. Permission Form

C. Phantom 3 Professional User Manual

D. Phantom 3 Professional Safety Guidelines and Disclaimer

E. Phantom 3 Professional Intelligent Flight Battery Safety Gui delines5 | Page U.S. Department of Transportation Appendix A

Exemption Requests and Equivalent Level of Safety6 | Page U.S. Department of Transportation EXEMPTION REQUESTS AND EQU IVALENT LEVEL OF SAFETY

ASC requests an exemption from the following regulations as wel l as any additional regulations that may technically apply to the operation of its UAS’s:

14 CFR Part 21, Subpart H: Airworthiness Certificates Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the
issuance of airworthiness certif icates as required by FAR §91.2 03(a) (1). Considering the size and limited operating area associated with the aircraft to be utili zed by this Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and
Section 333 of the Reform Act. The Federal Aviation Act (49 U.S .C. §44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from t his requirement, upon consideration of the size, weight, speed, operati onal capability of this particu lar UAS and the proximity to airports and populated areas. In all cases, an analysis of these criteria wi ll show that the UAS operated without an airworthiness certificate, in th e restricted environment and un der the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wi ng or rotorcraft) operating with an
airworthiness certificate withou t the restrictions and conditio ns proposed.

The UAS operated under this exemption weighs less than 55 lbs. fully loaded, does not carry a pilot or passenger, has no explosive materials or flammable liquid fuels on board, and operates exclusively within a confined area. The operations that take place under th is exemption will be tightly controlled and monitored by the operator. There is no credible threat to l ocal, state, or national security posed by the UAS, due to its size, speed o f operation, location of opera tion, lack of explosive materials or flammable liquid fuels, and the inability to carry a substantia l external load.

14 CFR § 45.23 & 14 CFR § 45.29. Marking of the Aircraft The regulation requires: When marks include only the Roma n capital letter "N" and the re gistration number is displayed on limited, restricted or light‐sport category aircraft or experim ental or provisionally c ertificated aircraft, the operator must also display o n that aircraft near each entra nce to the cabin, cockpi t, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light‐ sport," "experimental," or "prov isional," as applicable. Even t hough the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed.

Given the size of the UAS, two‐inch lettering will be impossibl e.

14 C.F.R. § 61.23(a) & (c), 14 C. F.R. § 61.101(e)(4) & (5), 14 C.F.R. § 61.113(a) & 14 C.F.R.7 | Page U.S. Department of Transportation § 61.315(a): Pilot in Command (PIC)

ASC requests an exemption from 14 CFR § 61.23(a) and (c), 14 CF R § 61.101(e)(4) and (5), 14 CFR § 61.113(a), 14 CFR § 61.315(a), that r equires the PIC o f the UA to possess a p ilot license (sports, recreational, private or commerc ial). The FAA as well as other national airspace regulator agencies have recognized in the past, operation s conducted by persons using U nmanned Aircraft (“UA”), who do not hold a pilot’s license, can still attain or exceed the equivale nt level of safety of current operations conducted with manned aircraft and pilots.

Even though it recognizes that a pilot’s license is not necessa ry for safe UA operation; the FAA has, to date, declined to grant exemptio ns under Section 333 that would permit individuals who do not possess any type of pilot license (sports , recreational, private or com mercial), to conduct commercial UA operations. It has specified two reasons for declining to do so . It has stated that it does not possess the authority under Section 333 to exempt individuals from the requ irement under 49 U.S.C. §44711 to hold
an airman certificate authorizi ng the airman to serve in the ca pacity for which the certificate was issued. Exemption No. 11110 at 14. The FAA has also concluded that the Department of Homeland Security (DHS) security screening required of all certified airmen meets the statutory requi rement in Section 333 that operations not pose a threa t to national security. Exempti on No. 11110 at 15.

ASC respectfully asks that the F AA reconsider its position on t his exemption. There is no dispute that it is not necessary for an operator of a UA to go through the rigorou s and expensive process of becoming a certified pilot in order to safe ly operate a UA. Also, the FAA does have the authority to exempt UA operators from the requirement listed in 49 U.S.C. §44711 to ho ld an airman certificate for “serving in the capacity for which the certi ficate was issued.” It has exer cised that authority repeatedly in the Section 333 process. Fin ally, any security c oncerns the FAA may have can be addressed by implementing a variety of security protocols i nvolving operator background c hecks to be conducted by government agencies.

In addition, the UA that will be utilized under this exemption, the DJI Phantom 3 Professional, is equipped with numerous safety fe atures that greatly minimize th e risk of human error, considered under these regulations:

1. During start‐up and prior to fli ght, the UAS undergoes a self‐i nitialization process for the control systems. Flight is not possible unless this initialization proc ess is completed successfully.

2. A “ceiling” or maximum altitude o f the UAS can be set in the fl ight control system that will limit the UA to 400 feet.  Likewise, a geo/virtual fence can be set t hat restricts horizontal movement of the UA by the PIC to a pre‐planned flight area beyond which the UAS can't operate.

3. The charge level of the battery is continuously displayed on th e screen (either smart phone or tablet) of the UA hand‐held, flight controller and is a standar d feature of the DJI software that is utilized to fly the UA.  This a llows for the continuous monitor ing of the remaining battery charge by the PIC.   In addition, the co ntroller is also equipped with a low‐charge battery warning8 | Page U.S. Department of Transportation feature that is designed to show a warning light, vibrate and/o r send audible alerts as the flight battery becomes diminished, thus warning the PIC  to land the U A.

4. The UAS has a "Return to Home" function that can be activated t hrough the controller. Once activated, the UA will go on autopilot, return to the “home” lo cation, and land within 13‐26 feet
of the PIC.

5. While operating in the “GPS mode”, the UA retains a fixed posit ion until it receives a command signal from the controller.  If, a t any time during the flight, the controller signal is idled or released (i.e. hands off the cont roller) the UA will stop and m aintain its’ current location until it receives a renewed command signal from the controller.

In addition, the UAS will only be operated within a restricted, secure and controlled area. A written or verbal permission from the landowner or designated representati ve, will always be obtained prior to flight and any potential persons within this restricted area wi ll not be exposed to these operations
without their consent.  The UAS to be operated carries no pilot or passengers. It carries no explosive materials, flammable fuels or oth er liquids. It is equipped wit h a number of features that greatly minimize the risks posed to the general public by human error. For these reasons, ASC believes that the potential risks associated with the operation of this UAS are m inimal in comparison to the level of risk associated with commercial operations defined by Part 61, and t hat allowing the operations of this UAS as requested far exceeds the present level of safety stipulated by these regulations.

14 CFR §91.7(a): Civil ai rcraft airworthiness. The regulation requires that no p erson may operate a civil airc raft unless it is in airworthy condition.

Since there will be no airworthin ess certificate issued for the UA, if this exemption is granted, no FAA regulatory standard will exist for determining airworthiness. G iven the size of the aircraft and the requirements contained in the Procedures for Maintenance and th e use of safety check lists prior to each flight, an equivalent level of safety will be provided.

14 CFR § 91.9(b) (2): Civil Airc raft Flight Manual in the Aircr aft. Section 91.9(b) (2) provides: No person may operate a U.S.‐reg istered civil aircraft ... (2) for which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there i s available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Due to the UA’s size and configur ation, the UAS does not have t he ability or space to carry such a flight manual on the UA itself, since th ere is no pilot on board and b ecause there is no capacity to carry such an item on‐board. An equivalent le vel of safety will be maintai ned by keeping the flight manual at the ground control point where the op erator flying the UAS will hav e immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption N os. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.9 | Page U.S. Department of Transportation 14 CFR § 91.103(b): Preflight action This regulation mandates that th e pilot in command shall, befor e beginning a flight, become familiar
with all available information co ncerning that flight. This inf ormation must include — (b) for any flight, runway lengths at airports of intended use, and the following t akeoff and landing distance information...

Due to the fact that FAA approved rotorcraft flight manuals wil l not be provided for the aircraft and the UAS does not require any type of a runway for take‐off or landi ng operations, an exemption will be needed. An equivalent level of safety will be provided as set f orth in operational procedures. The operator will take all actions i ncluding pre‐flight site inspec tion, checking air space restrictions, weather monitoring, flight battery requi rements, landing and takeoff lo cations and aircraft performance data before initiation of flight.

14 CFR §91.109: Flight instruction: Section 91.109 provides that no p erson may operate a civil airc raft (except a manned free balloon) that is being used for flight instruc tion unless that aircraft has f ully functioning dual controls.

UAS and remotely piloted aircraft , by design, do not incorporat e fully functional dual controls. Flight control is accomplished th rough the use of a remote cont roller unit that communicates with the
aircraft via radio communication s. The FAA has approved exempti ons for flight training without fully
functional dual controls for a n umber of aircraft and for fligh t instruction in exper imental aircraft. See Exemption Nos.5778K & 9862A. An equ ivalent level of safety for the UAS is provided by the fact that neither a pilot nor passengers w ill be carried in the aircraft and by the size and sp eed of the aircraft.

14 CFR §91.119: Minimum safe altitudes
Section 91.119 establishes safe a ltitudes for operation of civi l 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.

As this exemption is for a UAS t hat is a helicopter and the exe mption requests authority to operate at
altitudes of no more than 400 AG L, an exemption may be needed t o allow such operati ons. As described herein, except for the limited conditions stated in the Procedu res, the UAS will never operate at higher than 400 AGL. An equivalent level of safety for the UAS is attained given the size, weight, speed of the UAS as well as the location where it is operated. In add ition, the low‐altitude operations of the UAS will ensure separation betw een these small‐UAS operations a nd the operations of conventional aircraft that must compl y with Section 91.119.

14 CFR §91.121: Alt imeter Settings This regulation requires each pe rson operating an aircraft to m aintain cruising altitude by reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter setting available before departure."

As the UAS may not have a barometric altimeter, but instead a G PS altitude read out, an exemption Would be needed. An equivalent level of safety will be achieved by the operator, pursuant to the10 | Page U.S. Department of Transportation Procedures and Safety Check list, confirming the altitude of th e launch site shown on the GPS altitude indicator before flight.

14 CFR § 91.151(a): Fuel Requireme nts for Flight in Virtual Fli ght Rules (“VFR”) Conditions Section 91.151(a) prohibits an individual from beginning "a fli ght in an airplane under VFR conditions unless (considering wind and fore cast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruis ing speed ‐ (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."

The battery powering the UAS pr ovides approximately 25 minutes of powered flight making it impossible to meet the 30 minute reserve requirement in 14 CFR §91.151. ASCt believes that an exemption from 14 CFR §91.151(a) falls withi n the scope of prio r exemptions. S ee Exemption 10673 (allowing Lockheed Martin Corporat ion to operate without compli ance with FAR 91.151( a)). Operating the UAS, in a tightly controlled area, with less than 30 minute s of reserve fuel, does not constitute the type of risks that Section 91. 151(a) was intended to alleviate given the size and sp eed of the small UAS. ASC believes that an equivalent level of safety can be achieved by limiting flights to 20% of battery power. This restriction would be more than adequate to safely r eturn the UAS to its planned landing zone from anywhere in its limited operating area. Similar exemp tions have been granted to other operations, including Exempt ions 2689F, 5745, 10673, and 10808.

14 CFR §91.203(a) and (b): Carryin g Civil Aircraft Certificatio n and Registration The regulation provides in pertinent part: (a) Except as provided in § 91. 715, no person may operate a civ il aircraft unless it has within it the following: (1) an appropriat e and current airworthiness cer tificate ... (b) No person may operate a
civil aircraft unless the airwor thiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the c abin or cockpit entrance so that it is legible
to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs. and is operate d without an on board pilot. As such, there is no ability or place to carry certification and r egistration documents or to display them on the UAS. An equivalent level of safety will be achieved by keep ing these documents at the ground control point where the operator flying the UAS will have immed iate access to them, to the extent they are applicable to the UAS. The FAA has issued numerous exemptio ns to this regulation. A representative sample of other exceptions inc ludes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and

10700.

14 CFR §91.405(a); 407(a) (1); 409(a) (2); 417(a) & (b): Mainte nance Inspections These regulations require that an aircraft operator or owner "s hall have that aircraft inspected as prescribed in subpart E of this p art and shall between required inspections, except as provided in11 | Page U.S. Department of Transportation paragraph (c) of this section, have discrepancies repaired as p rescribed in part 43 of this chapter... ," and others shall in spect or maintai n the aircraft in compliance with Part 43.

Given that these sections and Pa rt 43 apply only to aircraft wi th an airworthiness certificate, these sections will not apply to the a pplicant. Maintenance will be a ccomplished by the operator pursuant to the flight manual and operating handbook as referenced in the P rocedures. An equival ent level of safety
will be achieved because these sm all UASs are very limited in s ize and will carry a small payload and operate only in controlled areas for limited periods of time. I f mechanical issues arise the UAS can land immediately and will be operatin g from no higher than 400 feet AGL. As provided in the Procedures, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreo ver, the operator is the person most
familiar with the aircraft and be st suited to maintain the airc raft in an airworthy condition to provide the equivalent level of safety.

Pursuant to 14 CFR Part 11, the f ollowing summary is provided f or publication in the Federal Register, should it be determined that publication is needed:

ASC seeks an exemption f rom the following rules:

14 CFR § 21; 14 CFR § 45.23; 14 CFR § 45.29; 14 CFR 61.23(a) & (c); 14 CFR 61.101(e)(4) & (5); 14 CFR 61.113(a); 14 CFR 61.315(a); 14 CFR § 91.7(a); 14 CFR § 91.9(b)(2); 14 CFR § 91.103(b)(2); 14 CFR § 91.109; 14 CFR § 91.119; 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)

Approval of the exemption requested by ASC will allow commercia l operation of the DJI Phantom 3 for the purpose of generating highly‐detailed 3D mode ls of ground topography and structures. The requested exempt ion should be granted because o peration of small UAS, such as the DJI Phantom 3, conducted in the stric t conditions outlined above, w ill provide an equivalent level of safety, while still allowing commercial op erations. The lightweight air craft covered by the exemptions are far safer than conventional operatio ns conducted with helicopters a nd fixed‐ wing aircraft that weigh thousands of pounds and carry highl y flammable fuel; while oper ating in close proximity to the ground and people. The seven factors Co ngress directed the FAA to cons ider when approving Section 333 exemption petitions ‐ size, weig ht, speed, operational capabili ty, proximity to airports, proximity to populated areas, and operation within visual line of sight – ea ch support this request for exemption. In particular, the aircraft are sma ll, lightweight, will operate a t slow speeds in a limit ed area, and close to the ground. The significant incre ase in the level of safety and decrease of risk to t he public, combined
with the minimal risk with the u se of UAS to conduct these oper ations, demonstrate a substantial body of evidence to support the approval of this exemption.

Privacy All flights that occur over pri vate or controlle d access proper ty will have the property owner's prior consent and knowledge. The fulfill ment of the criteria provided in Section 333 of the Reform Act of 2012 ‐ size, weight, speed, operating capabilities, proximity to air ports and populated areas and operation12 | Page U.S. Department of Transportation within visual line of sight and national security ‐ provides su fficient justification for the grant of the requested exemptions allowing commercial operation of ASC's UAS in and pursuant to the Procedures appended hereto.13 | Page U.S. Department of Transportation Appendix B

Permission Form14 | Page U.S. Department of Transportation PERMISSION TO COLLECT AERIAL IMAGERY OVER PROPERTY

By signing this permission, the signer consents to aerial image collection by Adams Surveying Company, LLC (ASC) of the project site and, any necessary areas adjacent to the site or facility. T his permission allows ASC staff to enter upon and around such property in order to collec t aerial imagery over the project site or facility, without prior notice, between the hours of 7:00 a.m. & 6:00p.m. Monday through Sunday. If ASC staff should wish to collect imagery at any other times, ASC staff will notify th e applicant and will obtain a separate consent for such
a collection.

Imagery collection may take place regardless of whether the sig ner or an agent is present. In the event that the project site or facilit y is posted with any form of "posted" Or "keep out" notices, or fenced in with an unlocked gate, this permission authorizes A SC staff to disregard such no tices or unlocked gates at t he time of the collection. The signer further agrees that during imagery collection, ASC s taff may capture physical c haracteristics of the site including, but not limited to, taking measurements of the proje ct site or facility. The fol lowing rules apply during the execution of all imagery collection done by ASC staff under this permission:

1. Flight Operations: A Pilot in Command (PIC) will be in control of all aerial imag ing assets. All flights will occur within line of sight. All aerial imaging a ircraft flown will be less than 55 lbs.

2. Rights to data/imagery being collected: Data/imagery, and other information conceived, developed, or produced in the course of this p ermission shall remain the prop erty of ASC. The signer and agent maintain unlimited rights to modify and disseminate all data/imagery and information.

3. Compliance with Laws: In the course of performance hereunder, the Parties shall comp ly with all applicable local, state, and federa l laws and regulations.

4. Costs/Liability Limitation: Except in the event of a Party's gross negligence or willful mi sconduct; the aggregate liability of a Party to the other Party for claims, damages, co sts, actions, or liabilities arising from or related to this Agreement, regardless of the legal theo ry of recovery, shall in n o event exceed the actual out‐ of‐pocket costs of the injured Party incurred in the perfo rmance of this Agreement.

Permission is granted for aerial i magery collection of property located at the following address(es):

_______________________________________________________________ ______________________________

_______________________________________________________________ ______________________________

_______________________________________________________________ ______________________________

_______________________________________________________________ ______________________________

By signing this form, I affirm under penalty of perjury that I am authorized to give consent to entry by ASC staff as
described above.*

_______________________________________________________________ ______________________

Print Name & Title Signature Date

*The signer of this form must be an individual or authorized re presentative of a le gal entity that: • owns fee title and is in posse ssion of the property identifie d above; • maintains possessory interest i n the property through a lease , rental agreement or other legally binding document; or • is provided permission to act on behalf of an individual or l egal entity possessi ng fee title or other possessory interest in the property for the purpose of co nsenting to imagery collection of such property15 | Page U.S. Department of Transportation Appendix C

Phantom 3 Professional User Manual16 | Page U.S. Department of Transportation Appendix D.

Phantom 3 Professional Safety Guidelines and Disclaimer17 | Page U.S. Department of Transportation Appendix E.

Phantom 3 Professional Intelligent Flight Battery Safety Guidel ines