Submitted electronically

June 26 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

RE: Petition for Exemption from Certain Federal Aviation Regulations according to Section 333 of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam:

Leica Geosystems, Inc. ( Leica ) is applying for an exemption from regulations detailed below

. The requested exemption would permit commercial operation of Lei ca’s Aibotix X6 for the purpose of a erial inspections and monitoring, aerial geo

- mapping, aerial imaging and filming

," aerial data collection, crew training and the testing of aircraft after maintenance

.

BACKGROUND

With the advent of technological leaps in Geographic Information Systems (GIS), new data

- driven p hotogrammetric methods and workflows, and the reduction of safety risks and cost using manned aircraft

, the demand for small umanned aerial systems ( SUAS ) for commercial purposes has grown. In response t o commercial demand for SUAS use , the FAA has previously gran ted to operators the privilege to fly in the National Airspace System (NAS) . T he following approved 333 exemption petitions describe similar uses to th ose that Leica seeks :

• For aerial inspections: exemption no. 1 1 216

, Solusia Air, LLC ; exemption no. 11422

, Soar Environmental Consulting ; exemption no. 11241, Phoenix Air

• For geospatial mapping: exemption no. 11393

, Surveying and Mapping, LLC ; exemption no. 11397

, Colorado Cartographics

• For aerial imaging and filming : exemption no. 11150, AerialCine; exemption no. 11240, Aerial Flight

.

• For aeri al data collection, exemption no. 11343, Woolpert ; exemption no

. Draganfly Innovations, Inc.Leica"Section"333"Petition"for"Exemption" 2 • For forensic inspection: e xemption No. 11412 , Earth Forensic, Inc; exemption no. 11465

, Rimkus Consulting Group, Inc.

In addition, the FAA has previously approved three petitions whose peti ti oners use of the Aibotix X6 for their SUAS operations : exemption no. 11216, Solusia Air; exemption no. 11545, Clean Energy Renewables, and exemption no. 11356, Boyd Instrument and Supply Company.

In accordance with these previously granted exemptions, Leica respectfully submits its petition to the FAA for t he use of its Aibotix X6 SUAS for commercial operations in the NAS. It its submissions Leica will document an equivalent or greater level of safety than possible for similar missions using manned aircraft; the safety systems and procedures it will adhere t o; the characteristics of the Aibotix X6 aircraft, in particular its failsafe, lost

link and emergency recovery capability; and the public interest served by this proposed exemption to certain sections of the Code of Federal Regulations.

DESCRIPTION OF PE TITIONER

Leica Geosystems, Inc. develop s, manufactures and distributes civil engineering, industrial process equipment, and software products for surveying, mapping, machine guidance, metrology, navigation, and image processing. The company is a global l eader in aerial survey systems for manned aircraft. Leica also trains its users in the safe and efficient use of its survey products, including the new SUAS line. In addition to the Aibotix X6 survey aircraft, the product range include laser

- based measurin g devices, Global Positioning System (GPS) receivers, handheld measuring devices (DISTO), machine vision systems, and 3

- D scanning sys tems. Leica Geosystems, Inc.

, part of Sweden

- based Hexagon AB

, is enriching its software development to process and model geo spatial information.

NAME OF PETITIONER

Bryan Baker Leica Geosystems, Inc. 5051 Peachtree Corners Cir. Norcross GA 30092

Telephone: 770

- 326

- 9500 eMail: 333 LeicaUS@gmail.comLeica"Section"333"Petition"for"Exemption" 3 DESCRIPTION OF UNMANNED AIRCRAFT SYSTEM

Leica wishes to fly the Aibotix X6, an electric multirotor, as its survey aircraft. Aibotix in Germany has delivered more than 300 aircraft since 2011. The flight control system used with the aircraft is designed by the company and manufactured in Germany. System development is subject to Leica's rigorous design and quality control standards, and has undergone continuous improvement since market launch three
years ago.

If the radio control link is lost, emergency failsafe will prevent flyaway and perform a controlled descent or, if GPS signal is sufficient, return to the takeoff point. The flight control system can fly pre

- programmed waypoints yet respond immediately to pilot stick overrides in case of route adjustment or emergency. Its radio control system incorporates telemetry, which is displayed on the pilot’s handheld controller and may be announced by voice. The X6 aircraft is optimized for aerial survey

. Its software includes dynamic points of interest (POI ) that enables automatic visual alignment towards the POI and geo

- fencing fo r protection , which reduces pilot workload. The aircraft is less than four feet in diameter, made of carbon

- fiber reinforced polymer in a high

- visibility color, with protective blade guards surrounding its six rotors. Maximum takeoff weight is approximatel y 1 5 pounds, and flight time is about thirty minutes with its redundant multicell battery system. The aircraft carries no flammable liquid fuel.

RF SPECTRUM

Radio control and video transmission systems meet FCC requirements for operation in the unlic ensed spectrum of the 2.4 and 5.8 GHz ranges. Manufacturer warnings about interference from devices operating at or near these frequencies or their harmonics are documented in the Leica Flight Operations Manual ( LFOM ), along with procedures to ensure radio safety with the SUAS

.

EXTENT OF RELIEF SOUGHT AND WHY

Petitioner asks for relief from regulations tabled below, which the authority of the FAA has previously granted in exemption certificates number 11062 along with sixLeica"Section"333"Petition"for"Exemption" 4 others described as “in commonality”, and in number 11109, which are for use of electric r otorcraft. The Leica Geosystem s Flight Operation Manual ( LFOM ) incorporates the conditions and limitations of these grants of exemption, and in some cases imposes stricter limits on its own operations.

CFR CODE CITATIONS

14 CFR PART SUMMARY OF REGULAT ION REASON FOR EXEMPTION REQUEST EQUIVALENT LEVEL OF SAFETY

61.113 (a) Private pilot privileges and limitations: Pilot in command Holder of private pilot certificate may not act as pilot in command for compensation or hire. Flying for compensation on engineering survey missions is central to purpose of exemption request. Characteristics of aircraft, VLOS, class G airspace, under 400 ft. AGL, trained visual observer in radio communication with pilot; remote site, industry safety protocols enhanced by Leica's flight safety plan; pilot in command ( PIC ) with minimum of sport pilot certificate, glider certificate, non

- powered and powered, currency in the aircraft listed on the certificate, 3rd class medical or valid U.S. driver’s license, pilot training, testing, proficiency with similar and same model UA; and inspection/maintenance are defined in the Leica Flight Operations Manual (LFOM) and will ensure equivalent levels of safety if not

more.Leica"Section"333"Petition"for"Exemption" 5 14 CFR PART SUMMARY OF REGULAT ION REASON FOR EXEMPTION REQUEST EQUIVALENT LEVEL OF SAFETY

61.113 (b) Private pilot privileges and limitations: Pilot in command Holder of private pilot certificate may act as pilot in command for compensation or hire if flight is incidental to business o r employment and does not carry passengers for compensation or hire. Flying for compensation on engineering survey missions is central to purpose of exemption request, not incidental to business or employment. There is no passenger or pilot on board the s UAV, thus safety issues are different from a manned flight. Leica’s aircraft has programmable automated safety features and emergency responses, has pre

- flight checks for safety beyond commercial manned aircraft, can be geographically restricted by operato r with programmable control points, and has communications with the PIC regarding fuel loss and other flight hazards. PIC will have ground school training certificate and additional 25 hours logged flight time and 25 hours classroom and field instruction a s stated in LFOM.

91.119 (c) Minimum safe altitudes over other than congested

area Operating closer than 500 feet to a person, vehicle, or structure may be necessary for survey and equipment inspection. People will not be allowed over, under or within 500 feet laterally of the aircraft in flight. Some flights may require the participation or guidance of industry personnel, positioned as close as 200 feet. Leica will brief them on safety and obtain necessa ry consent. Industry specific safety rules and regulations are to be followed.Leica"Section"333"Petition"for"Exemption" 6 14 CFR PART SUMMARY OF REGULAT ION REASON FOR EXEMPTION REQUEST EQUIVALENT LEVEL OF SAFETY

91.121 Altimeter settings Procedures to set and confirm altitude do not provide for operation of remote telemetry to SUAS pilot. An onboard air pressure sensor and software resolve height differences as small as one centimeter. Altitude is controlled by me asuring air pressure and the z

‐ axis accelerometer/GPS values. The starting point is a relative height measurement calculated by t he flight controller. Altitude above ground is displayed on the pilot's handheld controller by telemetry, and alarms can signal conditions of interest. 5 00 feet AGL is the maximum permissible in the LFOM, which describes altimeter procedures.Leica"Section"333"Petition"for"Exemption" 7 14 CFR PART SUMMARY OF REGULAT ION REASON FOR EXEMPTION REQUEST EQUIVALENT LEVEL OF SAFETY

91.151 (b) Fuel requirements for flight in VFR conditions Rotorcraft under VFR must carry enough fuel to reach first landing point and then another 20 minutes. The X6 multirotor is designed to fly for a maximum of 30 minutes with its 2 batteries. Battery voltage un der load is displayed on the pilot's handheld controller during flight. The X6 uses 2 lithium polymer batteries of a multi

‐ cell design, connected in parallel for redundancy and optimal current delivery. Battery chemistry does not support adequate current d ischarge below about 3 v per cell. Circuitry in the onboard flight controller measures voltage and will start a failsafe procedure to land before summed minimums are reached. In the event that one or more cells fail, these minimums may be reached sooner th an expected, due to rapid current drain against a smaller number of functioning cells. Leica pilots are trained to monitor voltage and recognize abnormal discharge in flight and to land sooner than forced. If 20 minutes of flight time or 25% of reserve vol tage under load is reached, pilot must commence landing.Leica"Section"333"Petition"for"Exemption" 8 14 CFR PART SUMMARY OF REGULAT ION REASON FOR EXEMPTION REQUEST EQUIVALENT LEVEL OF SAFETY

91.405 (a) Maintenance required Required inspections and discrepancies repaired between required inspections pertains to certificated manned aircraft and procedures conducted by licensed maintenance personnel. In the absence of certification requirements for SUAS and SUAS maintenance per sonnel, reasonable alternatives must be developed to maintain equivalent levels of safety. Leica will document maintenance, overhaul, replacement and inspection requirements in the absence of manufacturer's requirements; will document and maintain mainten ance records and technician qualification criteria in the LFOM.

91.405 (b) Maintenance records Qualifications for maintenance personnel for SUAS were not contemplated by these regulations, and a reasonable alternative must be developed to maintain equivalent levels of safety. Qualifications, competence and testing for maintenance personnel are defi ned in the LFOM. Leica will also abide by USDOT FAA Notice N 8900.296.

91.407 (a) (1) Operation after maintenance, preventive maintenance, rebuilding, or alteration There is no authorization procedure for a person who can approve a return to service of a n SUAS, and a reasonable alternative must be developed to maintain equivalent levels of safety. Procedures for the PIC to test then approve a return to service after maintenance are defined in the LFOM.Leica"Section"333"Petition"for"Exemption" 9 14 CFR PART SUMMARY OF REGULAT ION REASON FOR EXEMPTION REQUEST EQUIVALENT LEVEL OF SAFETY

91.409 (a) (1) Inspections Annuals conducted by a qualified inspector require authorization criteria for that inspector, not yet defined for SUAS. A reasonable alternative must be developed to maintain equivalent levels of safety. Schedules for inspection and responsibilities of th e PIC and qualified technician are described in the LFOM.

91.409 (a) (2) Inspections Issuance of airworthiness certificates for SUAS less than 55 pounds operated VLOS is not contemplated by these regulations

. Airworthiness is the responsibility of the PIC and the technician as defined in the LFOM.

91.417 (a) Maintenance records Regulations do not contemplate requirements or approval processes for maintenance and inspection of uncertificated SUAS, however a reasonable alternative must be developed to maintain equivalent levels of safety. The operator will maintain records according to the procedures specified in the LFOM.

91.417 (b) Maintenance records Retaining and transferring records of maintenance and defects according to standards prescribed for authorized maintenance and inspection is not contemplated in the regulations for SUAS. A reasonable alternative is necessary to maintain equivalent levels o f safety. Records and documentation will be kept for all maintenance performed, defects, and for all components specified in the LFOM.Leica"Section"333"Petition"for"Exemption" 10 PILOT IN COMMAND AND CREW

The Pilot In Command (PIC) must hold a transport, commercial, private, recreational, sport pilot , glider (powered or non

- powered) airman's certificate

, and be in compliance with the training and testing specified in the LFOM . The PIC must also hold a current FAA airman medical certificate or if qualified as a sport pilot, a valid U.S. driv er’s license issued by a S tate, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must be in compliance with the training and testing specified in the operator’s manual. They must remain in radio communica tion with a visual observer who is in compliance with the training and testing specified in the operator’s manual. The pilot must be able to acquire the aircraft with their own vision, unaided except by prescription refraction lenses. They must at minimum meet the eye

- testing standards for a third

- class airman medical certificate or valid driver’s license according to the issuing State

. They must operate within visual line of sight only, and be able to see the attitude and orientation of the aircraft themse lf . If GPS, magnetometer, or other assisted flight modes are compromised, certain safety features may not operate, and the pilot must understand by their training and experience how to recover control.

OPERATION OF THE UNMANNED AIRCRAFT

The aircraft will be under the operational control of the petitioner.

1. The aircraft used for survey operations by Leica will be only the Aibotix X6 as described in the Leica F light O perations M anual ( LFOM ) , unless the FAA approves an amendment to this pe tition for use of a different aircraft.

2. The PIC will hold a transport, commercial, private, recreatio nal, sport pilot or glider (powered or non

- powered) airman certificate , and must meet the medical and vision standards, and the flight review requirements , appropriate to that certificate, according to 14 CFR § 61.56.

3. Unless permission is obtained from the FAA, the FSDO or ATC, Leica pilots will operate at least three (3) nautical miles outside populated areas, at less than 400 feet AGL, in class G airspac e, in daylight hours only andLeica"Section"333"Petition"for"Exemption" 11 within visual line of sight of the PIC, five (5) nautical miles or more away from airports as denoted on current F AA

- published charts, and use a LFOM

- qualified visual observer in radio communication with the PIC.

4. Manufacturer’ s limitations of the aircraft will not be exceeded, and Leica ’s operations will adhere to power reserves and the lower operational limits described in the LFOM

.
5. Preflight inspection by the PIC, and inspection and maintenance procedures will be followed ac cording to the LFOM , and will be properly documented and signed for by an authorized technician who has completed training specified in the LFOM

.
6. Test flights by the PIC in connection with maintenance requirements will be documented.

7. Manufacturer systems and safety bulletins will be followed, and flight critical components will be monitored and re placed when specified in the LFOM

.
8. Discrepancies discovered between inspections will be documented by Leica maintenance personnel.

9. If visibility is less than t hree (3) statute miles from the PIC, the aircraft may not be operated less than 500 feet below a cloud, or less than 2000 feet horizontally from a cloud.

10. The PIC must follow emergency procedures as described in the LFOM in event of lost link, degraded navi gation signals, or appearance of unauthorized persons within the secure flight perimeter

.
11. A commercial Certificate of Authorization will be obtained by FAA’s designated procedure before any operations that require it are conducted. Notices to Airmen will b e filed in accordance with FAA requirements, and permissions from ATC or local FSDO's will be sought as the FAA shall specify.

12. An N

- Number will be obtained for all aircraft operated

.
13. RF spectrum will be used in compliance with FCC requirements

.Leica"Section"333"Petition"for"Exemption" 12 14. Documents required by 14 CFR 91.9 and 91.203 will be available to the PIC at the point of flight and control, and will be produced upon request by any authority.

15. The aircraft will remain clear of and yield right of way to all manned aviation operations and activitie s at all times.

16. The PIC will operate the aircraft from a stationary ground position and not from any moving device or vehicle.

17. No operations over congested or densely populated areas is allowed, unless ATC and FSDO approval is obtained, whether or not these areas are depicted on aeronautical charts.

18. The safety of people and property is paramount, and no operations may be conducted within 500 feet of unprotected non

- participants or their property unless conducted according to safety procedures in the LF OM that are approved by the FAA.

19. All operations will be conducted over controlled

- access property, for which permission has been obtained prior to flight, and for which safety briefings have been completed according to the LFOM

.
20. All incidents, accidents, and transgressions of allowed flight boundaries will be reported as required by FAA and NTSB.

BENEFIT TO THE PUBLIC

Approval of exemptions allowing commercial operations of S UAS e s throughout the industries Leica Geosystems serves will enhance safety by reducing risk. By removing the use of conventional jet fueled aircraft weighing in tons for lightweight , battery operated sUAVs in restricted areas for aerial inspection, geo

- mapping and image and film capture, is more environmentally sound and safe . T he use of the Aibot ix X6, which is powered by batteries, provides a smaller environmental footprint, increases safety b y de creasing manpower and separates the aircraft operators form the craft. It further protects the public by being used in restricted env ironme nts and reducing impact hazards.Leica"Section"333"Petition"for"Exemption" 13 REASONS WHY THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

The survey aircraft will be operated in accordance with safety protocols defined in the LFOM , for which we request approval by the FAA according to its authority granted by Congress in Section 333 of the FAA Modernization and Reform Act of 2012.

The survey aircraft carries no person, cargo, or flammable liquid fuel. Its size and weight are a s mall fraction of any manned aircraft, and its safety systems reflect best design practices in the SUAS industry.

In addition

, Leica will keep the approved LFOM at its ground control station. The PIC will have immediate access to it. Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not adversely affected when the approved Aircraft Flight Manual is kept at the ground control station of a UAS, where the PIC can immediately access it

.
When properly operated by a trained pilot, a well

- designed SUAS can stay clear of people and property on the ground and in the air. Procedures, airmanship skil ls, training and testing requirements for SUAS personnel in the LFOM will let the operator achieve safety levels in the NAS and on the ground, which are equivalent to or greater than in manned aviation.

SUMMARY FOR PUBLICATION

The following summary m ay be published in the Federal Register:

Petitioner requests an exemption from:

14 CFR Parts 61.113 (a) and (b) 14 CFR Parts 91.119 (c), 91.121, 91.151 (b), 91.405 (a) and (b), 91.407 (a) (1), 91.409 (a) (1), 91.409 (a) (2), 91.417 (a)

in order t o operate a small unmanned aircraft system ( SUAS ) for purposes of a erial inspections and monitoring, aerial geo

- mapping

, and aerial imaging and filming and aerial data collection . The pilot in command will be appropriately qualified with a

current FAA appr oved pilot certificate for SUAS operation and specialized training.Leica"Section"333"Petition"for"Exemption" 14 A erial survey and inspection , geospatial mapping, and film and image capture are conventionally done by manned aircraft operations that use liquid fuel and weigh upwards of 5,000 lbs. These operations involve flying the aircraft to and from the operation’s location. An Aibotix X6 weighs less than 15 pounds , is less than four feet in diameter, is equipped with flight control and safety features that prevent flyaway and minimize risk, com pared to that of a manned aircraft, to people and property allowed within the zone of operations and outside it.

No flight operations outside the secure d areas are allowed, and no impacts to privacy are foreseen.