Electronic Submission

November 23, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (herein

referred to as FMRA) and 14 CFR Part 11, ARCADIS U.S., Inc. (herein referred to as

ARCADIS) hereby applies for an exemption from the listed Federal Aviation Regulations

(FARs) to allow commercial operation of UAS for the acquisition of aerial data, so long as

such operations are conducted within and under the conditions outlined herein or as may

be established by the FAA.

As detailed in this document, the requested exemption would permit the operation of UAS

platforms previously approved by the FAA for commercial operations in the United States.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of

Transportation’s responsibilities to “...establish requirements for the safe operation of such

aircraft systems in the national airspace system.” Section 333(c) Reform Act.

Name and Address of Petitioner Prepared by

ARCADIS U.S., Inc.

630 Plaza Drive

# 100

Highlands Ranch, Colorado 80129

Leptron Unmanned Aircraft Systems, Inc.

2650 East 40th Avenue

Denver, CO 80205

(303) 384-3469

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Regulations from which the exemption is requested:

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 61.113(a) & (b) 14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.105

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 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) & (b)

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 UAS, 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 USC §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 UAS may

operate in the national airspace system without creating a hazard to the user, the public, or

a threat to national security. In making this determination, the Secretary must consider:

• The UAS’ size, weight, speed and operational capability;

• Whether the UAS operates within the visual line of sight of the operator;

• Whether the UAS operates outside of highly populated areas and away from close

proximity to airports.

Reform Act 333(a). If the Secretary determines that a UAS “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).

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BACKGROUND ON ARCADIS

Arcadis U.S., Inc. (ARCADIS) is a leader in the fields of water, infrastructure, environment, 

and buildings. Dedicated to enhancing mobility, sustainability, and quality of life, the firm’s 

multidisciplinary staff provides consultancy, design, engineering, and management services 

to public clients ranging from small municipalities to large cities, state agencies, and 

agencies of the United States government as well as many private industrial clients. For 

over 100 years, ARCADIS has been designing the human habitat, setting industry standards 

with patented technologies and published works. ARCADIS currently has more than 6,200 

staff in over 140 offices in the U.S.

UAS AND OPERATIONAL DESCRIPTION

ARCADIS seeks to commercially operate a variety of UAS weighing less than 55 pounds

including payload in the United States for the purpose of acquiring aerial data. In prior,

similar exemptions the Secretary has approved every UAS platform listed.

Specifically, ARCADIS seeks to operate the following UAS:

• DJI Phantom 3 Professional

• DJI Spreading Wings S1000

• Leptron Avenger

• Leptron RDASS

As the operator of these aircraft, ARCADIS is committed to the following conditions and

limitations on its operations. ARCADIS understands that failure to comply will be grounds

for the immediate suspension or rescission any exemption granted.

1. Operations are limited to the UAS listed above when weighing less than 55 pounds

including payload.

2. Operations for the purpose of closed-set motion picture and television filming are

not contemplated.

3. The aircraft will not be operated at a speed exceeding 87 knots (100 miles per hour).

In no case will the aircraft be operated at airspeeds greater than the maximum

aircraft operating airspeed recommended by the aircraft manufacturer.

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4. The aircraft will be operated at an altitude of no more than 400 feet above ground

level (AGL). Altitude must be reported in feet AGL.

5. The aircraft will be operated within visual line of sight (VLOS) of the Pilot in

Command (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 U.S.

driver’s license. 

6. All operations will utilize a visual observer (VO). The aircraft will be operated

within the visual line of sight (VLOS) of the PIC and VO at all times.

7. All operating documents needed to operate the UAS and will be accessible during

UAS operations and made available to the Administrator upon request. ARCADIS

will also present updated and revised documents if it petitions for extension or

amendment.

8. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical component,

will undergo a functional test flight prior to conducting further operations.

9. ARCADIS 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 will conduct a pre-flight inspection and determine the

UAS is in a condition for safe flight.

11. ARCADIS will 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 will comply with all manufacturer safety

bulletins.

13. The PIC will possess either an airline transport, commercial, private, recreational,

or sport pilot certificate. The PIC will also hold a current FAA airman medical

certificate or a valid U.S. driver’s license issued by a state, the District of Columbia,

Puerto Rico, a territory, a possession, or the Federal government. The PIC will

hold a UAS flight training certificate.. The PIC will also meet the flight review

requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated

on his or her pilot certificate

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14. ARCADIS will not permit any PIC to operate a company owned UAS 

unless the PIC first demonstrates the ability to safely operate said UAS in a manner 

consistent with our operational SOP including evasive and emergency maneuvers

and maintaining appropriate distances from persons, vessels, vehicles and

structures. PIC qualification flight hours and currency will be logged in a manner

consistent with 14 CFR § 61.51(b). ARCADIS will operate flights for the purposes

of training ARCADIS PICs and VOs (training, proficiency, and experience

building) and determining the PIC’s ability to safely operate the UAS.

15. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All

operations will be conducted under visual meteorological conditions (VMC).

16. The aircraft will 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 symbol 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.

17. The aircraft will 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 the UAS loses communications or loses its GPS signal, the aircraft will return to

a pre-determined location.

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

20. The PIC will be prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is enough available power or fuel for the aircraft

to conduct the intended operation and to operate after that for at least five minutes

or with the reserve power or fuel recommended by the manufacturer if greater.

21. All operations shall be conducted in accordance with an ATO-issued COA if the

blanket COA does not cover the intended operation.

22. All aircraft operated will be identified by serial number, registered in accordance

with 14 CFR part 47, and have identification (N−Number) markings in accordance

with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

23. Documents used by ARCADIS to ensure the safe operation and flight of the UAS

and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to

the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

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24. The aircraft will remain clear and give way to all manned aviation operations and

activities at all times.

25. The UAS is not expected to be operated by the PIC from a moving device or

vehicle on land; however, certain waterborne inspections may be required. 

Additional pre-flight safety checks, UAS flotation or retrieval devices and other 

considerations as needed will be in place before any such flights to safe guard the 

public interest. 

26. All flight operations will be conducted at 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 aircraft or debris in the event of an accident; or

b. The owner/controller/operator of any vessels, vehicles or structures has

granted permission for operating closer to those objects and the PIC has

made an assessment of the risk of operating closer to those objects and

determined that it does not present an undue hazard.

27. The PIC, VO, operator trainees or essential persons will not be considered

nonparticipating persons under this exemption.

28. All operations conducted over private or controlled-access property will be

conducted with the 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.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA will 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

instructions contained on the NTSB Web site: www.ntsb.gov.

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DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness certificates

Subpart H, establishes the procedural requirements for the issuance of airworthiness

certificates as required by FAR §91.203(a)(1). Given the size and limited operating area

associated with the aircraft to be utilized by ARCADIS, 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 USC §44701(f)) and Section 333 of the

Reform Act both authorize the FAA to exempt aircraft from the requirement for an

airworthiness certificate, upon consideration of the size, weight, speed, operational

capability and proximity to airports and populated areas of the particular UAS. In all cases,

an analysis of these criteria demonstrates that the UAS operated without an airworthiness

certificate, in the restricted environment and under the conditions proposed, will be at least

as safe, or safer, than a conventional aircraft operating with an airworthiness certificate

without the restrictions and conditions proposed.

14 CFR 45.23(b): Marking of the aircraft

This regulation requires that certain experimental, provisionally certified aircraft, or light

sport category aircraft to be marked with letters between 2 inches and 6 inches high

“limited”, “restricted,” “light-sport,” “experimental,” or “provisional,” near each entrance

to a cabin, cockpit or pilot station. Even though 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, 2 inch lettering may be impossible. ARCADIS will mark the UAS as practicable.

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

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the

UAS 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 completed a UAS flight-training course. Unlike a conventional aircraft that carries

the pilot and passengers, the UAS is remotely controlled. The area of operation is

controlled and restricted, and all flights are planned and coordinated in advance. The risks

associated with the operation of the UAS are so diminished from the level of risk associated

with commercial operations contemplated by Part 61 when drafted, that allowing

operations of the UAS as requested exceeds the present level of safety achieved by 14 CFR

61.113(a) and (b).

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14 CFR 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft ARCADIS

contemplates operating, should this exemption be granted, no FAA regulatory standard will

exist for determining airworthiness. Given the size of the aircraft and the operational

restrictions put on the aircraft, an equivalent level of safety will be provided.

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements

The UAS, given its size and configuration has no ability or place to carry such a flight

manual on the aircraft, not only because there is no pilot on board, but because there is no

room or capacity to carry such an item on the aircraft. The equivalent level of safety will

be maintained by keeping the Operating Manuals at the ground control point where the

pilot flying the UAS will have immediate access to it.

14 CFR 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 or fuel requirements, checking takeoff and landing distances, and all other actions

in the Operating Manual and safety checklists. These actions will provide an equivalent

level of safety.

14 CFR 91.105: Flight crewmembers at stations

In general, Section 91.105 requires pilot and crew to be at their duty stations and harnessed

during flight. UAS is by definition an unmanned aircraft, having neither pilot nor crew so

as to be stationed or harnessed as required by the regulation. An equivalent or even higher

level of safety can be provided instead by using an unmanned aircraft controlled by a PIC

who at all times is located at the controls of the UAS or able to control the UAS from the

Ground Control Station.

14 CFR 91.109: Flight instruction

Section 91.103 provides 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. By design, UAS do not have fully functional dual controls. Flight control is

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 fact that neither a pilot

nor passengers will be carried in the aircraft, the ability to control the UAS via radio signals

from the controller and by the size and speed of the aircraft.

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14 CFR 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The UAS will never

operate at altitude higher than 400 AGL and all operations will occur during daylight hours

under Visual Meteorological Conditions (VMC) only. The equivalent level of safety will

be achieved given the size, weight and speed of the UAS as well as the location where it is

operated. No flight will be taken without the permission of the property owner. Because

advance notice to the property owner and any onsite personnel, as well as the precautions

outlined below, all affected individuals will be aware of the planned flight operations.

Flight operations will be conducted at least 500 feet from all non-participating persons

(persons other than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles

and structures, unless operations do not present an undue hazard.

The UAS will remain within visual line of sight of the PIC or VO. Flight operations will

be conducted at least 5 miles from an airport. The PIC or VO will provide notification to

the local Flight Standards District Office and airport controller of all operations within 5

miles of an airport. The FAA will have advance notice of all operations through the filing

of notices-to-airmen.

Compared to flight operations with aircraft or rotorcraft weighing far more than the UAS

proposed herein, any risk associated with our operations is far less than those presently

presented with helicopters and other conventional aircraft operating at or below 500 feet

AGL. In addition, the low-altitude operations of the UAS will ensure separation between

these UAS operations and the operations of conventional aircraft that must comply with

Section 91.119.

14 CFR 91.121: Altimeter Settings

This regulation requires each person operating the 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 UAS 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 PIC 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.

Relief from Section 91.151(a)(1) is requested to the extent required to allow flights of a

variety of UAS during daylight hours in visual flight rules (VFR) conditions to continue

until 90 percent of remaining battery power or fuel reserves remain. ARCADIS seeks the

requested relief because without an exemption from Section 91.151(a)(1), the flight time

duration of the selected aircraft will be reduced and severely constrain the practicality of

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any aerial acquisition of data that ARCADIS proposes to conduct pursuant to this Petition.

The technical specifications of the proposed UAS, their Operations Manuals, and

ARCADIS’s proposed operating limitations, ensure that ARCADIS will safely operate the

selected aircraft during daylight hours in VFR conditions until 90 percent of remaining

battery power or fuel reserves remain.

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration

The UAS has no cabin, cockpit or pilot station and is operated without an onboard pilot.

Therefore, there is no ability or place to carry certification and registration documents or

to display them on the UAS. An equivalent level of safety will be achieved by keeping

these documents at the ground control point where the pilot flying the UAS will have

immediate access to them, to the extent they are applicable to the UAS.

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 ARCADIS. Maintenance will

be accomplished pursuant to the User Guide or Operating Manual. An equivalent level of

safety will be achieved because these UASs are 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 UAS can land immediately and will be operating from no higher than 400 feet

AGL. The PIC will ensure that the UAS is in working order prior to initiating flight,

perform required maintenance and keep a log of any maintenance performed. Moreover,

the PIC 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.

PUBLIC INTEREST

Approval of exemptions allowing commercial operations of UASs for aerial acquisition of

data enhances safety while reducing risk. Manned aircraft in certain application such as

pipeline monitoring create a greater risk because the aircraft are much larger and carry an

onboard human pilot. In contrast, a UAS weighing 55 pounds or less will carry no

passengers or crew and, therefore, will not expose them to the risks associated with manned

aircraft flights. In addition, additional streams of aerial data will allow large commercial

entities to make decisions about how to best deploy ground resources and ensure the safety

and cost-effectiveness of their operations.

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EQUIVALENT LEVEL OF SAFETY

ARCADIS proposes that the exemption requested herein apply to civil aircraft that have

the characteristics and that operate within the limitations listed herein. These limitations

provide for at least an equivalent or even higher level of safety to operations under the

current and proposed regulatory structure.

PRIVACY

All flights will occur over private or controlled access property with the property owner’s

prior consent and knowledge. Images or video taken of individuals will have consented to

being filmed or otherwise they will be made anonymous.

NATIONAL SECURITY

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

will operate, our petition presents no national security issue.

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FEDERAL REGISTER SUMMARY

Docket No.: No. FAA-2015-

Petitioner: ARCADIS U.S., Inc.

Exemption Sought: Part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103,

91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2),

417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR).

Description of Relief Sought: ARCADIS U.S., Inc. is seeking an exemption to conduct

commercial acquisition of aerial data using unmanned aircraft systems.

Based upon the foregoing, ARCADIS U.S., Inc. requests that the FAA grant it the

necessary exemptions under Section 333 of the FAA Reform Act as requested herein to

allow for commercial operations of UAS within the United States.

Respectfully submitted,

John Alonso

Director, Environment East Region/Sr. Vice 

President

Arcadis U.S., Inc.

Tel: (813) 230-6282

Email: john.alonso@arcadis.com

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