December 18, 2015

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

RE: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam,

Pursuant to § 333 of the Federal Aviation Administr ation (FAA) Modernization and Reform Act of 2012, Pub. L. No. 112-95 (2012), 126 Stat. 11, the FAA’s general exemption authority under 49 USC § 44701(f), and 14 CFR Part 11, Lamp Rynearson & Asso ciates, Inc. (hereinafter, “Lamp Rynearson”) seeks an exemption from the following Code of Federal Regula tions (CFR):

• 14 CFR Part 21;

• 14 CFR § 45.23(b);

• 14 CFR § 61.113(a) & (b);

• 14 CFR § 61.315(a) & (c);

• 14 CFR § 91.7(a);

• 14 CFR § 91.9(b)(2);

• 14 CFR § 91.103(b)(1);

• 14 CFR § 91.109(a); • 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)(1) &(2);

• 14 CFR § 91.417(a) & (b)

These CFRs and the proposed exemption are discussed further in Section 6. The proposed exemption, if granted, would allow Lamp Rynearson t o conduct commercial operations of small Unmanned Aircraft System (UAS) for purposes to include: aeri al survey, aerial mapping, aerial videography and photography, asset inventory and management, constr uction site monitoring and inspections, energy systems inspections, industrial inspections, teleco mmunications inspections, pipeline inspections, uti lity inspections, precision agricultural services, UAS e ducation and training, and disaster response/damage
assessment missions under the conditions outlined h erein and as may be established by the FAA in grant ing the requested exemptions. Lamp Rynearson believes that the benefits of using UAS for our business purposes are significant. Replacing significantly larger manned aircraft carr ying crew and flammable fuel with a UAS weighing le ss than 55 pounds provides an enhanced level of safety to both the crew and to those on the ground. The small size and maneuverability of a UAS will also m ake it possible to safely and efficiently collect h igh resolution, accurate data in environments inaccessi ble to traditional aircraft. And because Lamp Ryne arson will incorporate these systems into many of our con tracts with public agencies, these more efficient operations will translate to lower project costs an d increased savings for the agencies, and ultimatel y the taxpayers. Considering these points, we feel that the issuance of the proposed exemptions are in the public

interest. Operations carried out under the exemption will be subject to strict operating requirements and conditions to ensure at least an equivalent level o f safety to currently authorized operations using m anned aircraft. The UAS proposed and described in Section 3 are manufactured commercially by experienced and respected manufacturers. They weigh well under the maximum 55 pounds, including payload and are electrically powered via small, rechargeable, lithi um batteries and hence, carry no fuel onboard. The UASalso have extensive automated control features, red undant systems, and integrated fail-safes, and will be

operated under controlled conditions and at low alt itudes in airspace that is limited in scope. All UAS operations will be carried out by a crew of at least two people: a pilot-in-command (PIC) and visual observer. The PIC is responsible for the direct and safe operation of the UAS, monitoring i ts status and flight dynamics while maintaining visual line o f sight and keeping the flight within the manufactu rer’s specified limits in terms of wind, flight range, ba ttery life, etc. The observer will be act as a seco nd set of eyes, monitoring the airspace and controlled operat ing area for hazards such as aircraft, structures, vegetation, wildlife and persons (operationally inv olved and uninvolved). The observer will also info rm the PIC before and during flight of all observed risks. The PIC will be a certified airman with, at minim um, sport pilot privileges and limitations. The PIC will als o maintain a current third-class medical certificat e. Based on the small size of the proposed UAS, the qu alifications and experience of our staff, and the limited, controlled operating procedure, Lamp Ryne arson contends that the requested exemptions clearl y fall within the safety parameters envisioned by Con gress as set forth in § 333 of the Reform Act. Addi tionally, utilizing small, electronically powered UAS for our proposed operations instead of traditional crewed aircraft provide an enhanced level of safety and increased e fficiencies, both of which are in the public intere st. Thus, Lamp Rynearson respectfully requests that you grant our request for exemption.

Kindest Regards,

Mark R. Steele, GISP GIS Specialist Lamp Rynearson & Associates, Inc1



## Petition for Exemption Under Section 333 of the FAA **Reform Act and Part 11 of the Federal Aviation Regulations** 

For the sake of convenience, this Petition is organ ized as follows:



## Contents

1. Description of Petitioner ......................

................................................... ................................ 1 2. Proposed Applications ..........................

................................................... ............................... 1 3. UAS Descriptions ...............................

................................................... ................................... 2 4. Public Interest and Benefits ...................

................................................... .............................. 6 5. Lamp Rynearson & Associate’s UAS Operations Manu al ................................................ ....... 7 6. Requested Exemptions and Equivalent Level of Saf ety ............................................... ......... 11 7. Support Documentation ..........................

................................................... .......................... 15 8. Summary for Publication ........................

................................................... ........................... 15



## 1. Description of Petitioner

The name and Address of the petitioner is:

Lamp Rynearson & Associates, Inc. Attn: Mark R. Steele, GISP 14710 West Dodge Road, Ste 100 Omaha, NE 68154

402-496-2498 mark.steele@lra-inc.com

Lamp Rynearson & Associates, Inc is a civil enginee ring, survey, planning and consulting firm founded and headquartered in Omaha, Nebraska in 195 9. We offer design, planning, survey, construction management, Landscape Architecture and GIS services for a variety of projects including land developme nt, aviation, roadway, and water and sewer systems. In addition to our Omaha office, we have branch offic es in Kansas City, MO, Fort Collins, CO, and Lakewood, CO. Through these offices, we offer additional ex pertise in oil and gas, waste water and water, water rights , and aquatics.



## 2. Proposed Applications

Lamp Rynearson will employ several UAS (described i n Section 3) for Aerial Survey, Aerial Mapping, Aerial Videography and Photography, Asset Inventory and Management, Construction Site Monitoring and Inspections, Energy Systems Inspections, Industrial Inspections, Telecommunications Inspections, Pipel ine Inspections, Utility Inspections, Precision Agricul tural Services, UAS Education and Training, and Dis aster Response/Damage Assessment operations. The UAS wil l be operated at altitudes below 400’ AGL, and at safe speeds with within the capabilities of the UAS for the purpose of collecting high quality aerial data, both2

at nadir and oblique angles. These data will allow Lamp Rynearson to generate 2D and 3D photographs, orthorectified mosaics, HD video, 3D digital terrai n and surface models, vegetative index maps, market ing videos and infrastructure inspection data.



## 3. UAS Descriptions

Lamp Rynearson requests authorization to employ a combination of UAS platforms for our operations. These platforms will include the DJI P hantom 3 Professional, DJI Inspire 1, 3DR X8-M, 3DR X8+, and 3DR Solo multicopters and the 3DR Aero-M fixed wing. The multicopters will be used for small scal e surveys, mapping and inspections, as well as for ed ucational and training exercises. The fixed wing U AS will be used for large-scale surveys, inspections, mappi ng projects and training exercises. Below are desc riptions and operational characteristics of each UAS.

**a. DJI Phantom 3 Professional** 

DJI Phantom 3 Professional Weight 2.8 lbs Maximum Asscent Speed 5 m/s Maximum Descent Speed 3 m/s Maximum Horizontal Speed 31 knots (36 mph) Typical Flight Time 23 minutes

Dimensions 15.35 in x 11.4 in x 7.25 in Aircraft Battery Lithium polymer 4S 4480 mAh 15.2 V Remote Control Operating Frequency 2.4 GHz Remote Control Range 1.2 miles (2 km) Remote Control Battery Lithium polymer 2S 6000 mAh Previously Approved Exemptions 11925, 11976

The DJI Phantom 3 Professional is a battery powered , GPS enabled, four rotor multicopter UAS. The Phantom can be controlled autonomously through a pr eprogrammed flight plan via a ground control statio n or manually by the PIC using a handheld transmitter /control. The UAS employs several safety features to facilitate safe integration into the NAS. The groun d control software incorporates “Flight Restriction ” which restrict operations in controlled airspace. These f light restriction areas have different levels of no tification, from warnings on the Ground Control Station, to alt itude restrictions and finally not allowing the sta rt of the

motors. The Phantom 3 has three failsafe emergency procedur es: In the event the communication link with the operator’s ground control station is lost, the UAS will enter a Return To Home (RTH) mode after th ree seconds of transmission loss. In the event of a low battery, the low battery emer gency procedure is triggered when the battery is depleted to a point that may affect the safe return of the aircraft; the PIC will land as soon as poss ible. The thresholds for these warnings are automatically det ermined based on the current aircraft altitude and its distance from the launch point. A loss of GPS while in guidance mode will cause the aircraft to hover using the onboard altimeter. This will instruct the PIC to land the aircraft as soon as possible. Additionally, the aircraft utiliz es an “optical flow” sensor that uses ultrasonic and image data to help the aircraft identify its position. This allo ws for the aircraft to hover when GPS is lost.3

**b. DJI Inspire 1** 

DJI Inspire 1 Weight 6.5 lbs Maximum Asscent Speed 5 m/s Maximum Descent Speed 4 m/s Maximum Horizontal Speed 43 knots(49 mph) Typical Flight Time 18 minutes

Dimensions 17.25 in x 17.75 in x 11.85 in Aircraft Battery Lithium polymer 6S 4500 mAh 22.2 V Remote Control Operating Frequency 2.4 GHz Remote Control Range 3.1 miles (5 km) Remote Control Battery Lithium polymer 2S 6000 mAh Previously Approved Exemptions 11976, 11969

The DJI Inspire 1 is a battery powered, GPS enabled , four rotor multicopter UAS that is capable of transmitting live airborne video images and locatio n information to a Ground Control Station (GCS). T he Inspire can be controlled autonomously through a pr eprogrammed flight plan via the GCS or manually by the PIC using a handheld transmitter/control. The DJI inspire 1 employs several safety features to fa cilitate safe integration into the NAS. The Inspire GCS soft ware incorporates “Flight Restriction” areas around all B, C, and D airports. These flight restriction areas h ave different levels of notification, from warnings on the Ground Control Station, to altitude restrictions an d finally disabling the start of the motors. The Inspire has three failsafe emergency procedure s: In the event the communication link with the operator’s ground control station is lost, the Insp ire enters Return To Home (RTH) mode after three se conds of transmission loss. In the event of a low battery, the low battery emer gency procedure is triggered when the DJI smart battery is depleted to a point that may affect the safe return of the aircraft; the PIC will Land as S oon as Possible. The thresholds for these warnings are aut omatically determined based on the current aircraft altitude and its distance from the Home point. A loss of GPS while in guidance mode will cause the aircraft to hover using the onboard altimeter. Thi s will instruct the PIC to land the aircraft as soon as possible. Additionally, the aircraft utilizes an “optical flow” sensor that uses ultrasonic and image data to help the aircraft identify its position. This allows for the aircraft to hover when GPS is lost.4

**c. 3DR X8+** 

3DR X8+ Weight 7.7 lbs Maximum Asscent Speed Undetermined by Manufacturer Maximum Descent Speed Undetermined by Manufacturer Maximum Horizontal Speed 35 knots (40 mph) Typical Flight Time 14 minutes

Dimensions 13.7 in x 20.1 in x 11.8 in Aircraft Battery Lithium polymer 4S 10000 mAh 10C Remote Control Operating Frequency 915 MHz Remote Control Range 0.6 miles (1 km) Remote Control Battery 8-AA Batteries Previously Approved Exemptions 12646, 13643

The 3DR X8+ is a battery powered, GPS enabled, eigh t rotor multicopter. The 3DR X8+ can be controlled autonomously through a preprogrammed fli ght plan via a ground control station or manually b y the PIC using a handheld transmitter/control. The 3DR X8+ utilizes a fully redundant propulsion syste m that provides increased reliability. The X8+ depends upo n GPS to determine its horizontal position, and a barometer in the onboard autopilot to determine its vertical position. The 3DR X8+ Aircraft has a Retu rn to Home (RTH) feature that can be manually activated i n the event of an inflight abnormality or emergency or automatically in the event of a lost Communications Signal or if the remaining battery life reaches a preprogrammed minimum level. Also, the RTH feature can be automatically activated if a pre-defined vertic al and horizontal limit is breached. Additionally, if for some reason the aircraft battery cannot support the RTH feature, the aircraft can safely land at its curren t location. Via a graphical interface on the remote control and the Ground Control Station the PIC can monitor the number of GPS satellites acquired and the GPS signal strength, remote control signal strength, al titude, horizontal speed, the distance of the aircr aft from the remote control, remaining life of the remote co ntrol and aircraft batteries, and total flight time , at all times during a flight.

**d. 3DR X8-M** 

3DR X8-M Weight 7.7 lbs Maximum Asscent Speed Undetermined by Manufacturer Maximum Descent Speed Undetermined by Manufacturer Maximum Horizontal Speed 35 knots (40 mph) Typical Flight Time 14 minutes

Dimensions 13.7 in x 20.1 in x 11.8 in Aircraft Battery Lithium polymer 4S 10000 mAh 10C Remote Control Operating Frequency 915 MHz Remote Control Range 0.6 miles (1 km) Remote Control Battery 8-AA Batteries Previously Approved Exemptions 11626, 135925

The 3DR X8-M is essentially the same platform as th e 3DR X8+ with the addition of a high resolution camera integrated with the automatic flight control . This allows the user to program waypoints into t he flight plan in order to acquire images at each loca tion automatically. Just like the X8+, it is a bat tery powered, GPS enabled, eight rotor multicopter. The 3DR X8-M can be controlled autonomously through a preprogrammed flight plan via a ground control stat ion or manually by the PIC using a handheld transmitter/control. It utilizes a fully redundant propulsion system that provides increased reliabili ty. It depends upon GPS to determine its horizontal positi on, and a barometer in the onboard autopilot to determine its vertical position. The 3DR X8-M has a Return to Home (RTH) feature tha t can be manually activated in the event of an in-flight abnormality or emergency or automatica lly in the event of a lost Communications Signal or if the remaining battery life reaches a pre-programmed min imum level. Also, the RTH feature can be automatica lly activated if a pre-defined vertical and horizontal limit is breached. Additionally, if for some reason the aircraft battery cannot support the RTH feature, th e aircraft can safely land at its current location. Via a graphical interface on the remote control and the G round Control Station the PIC can monitor the numbe r of GPS satellites acquired and the GPS signal stren gth, remote control signal strength, altitude, hori zontal speed, the distance of the aircraft from the remote control, remaining life of the remote control and aircraft batteries, and total flight time, at all times duri ng a flight.

**e. 3DR Aero-M** 

3DR Aero-M Weight 6.8 lbs Maximum Asscent Speed Undetermined by Manufacturer Maximum Descent Speed Undetermined by Manufacturer Maximum Horizontal Speed 49 knots (56 mph) Typical Flight Time 40 minutes Dimensions 74 in (188 cm) wingspan, 51 in (129 cm) length Aircraft Battery Lithium polymer 4S 6000 mAh 35C Remote Control Operating Frequency 915 MHz Remote Control Range 0.6 miles (1 km) Remote Control Battery 8-AA Batteries Previously Approved Exemptions 11626, 13592

The 3DR Aero-M is a battery powered, GPS enabled, s ingle rotor fixed wing UAS. The 3DR Aero-M can be controlled autonomously through a preprogram med flight plan via a ground control station or manually by the PIC using a handheld transmitter/co ntrol. The 3D Robotics Aero-M system can carry payloads up to 1.1 lbs. It operates with a maximum wind threshold of 25 mph. The system contains two f ull Inertial Measurement Unit (IMU) sensor suites, one acts as the primary flight sensor and the other use d as a comparison for monitoring IMU health and full fai lover functionality, if it becomes necessary. The s ystem also contains two barometer sensors. This eliminate s the difficult portion of flying. The pilot- in-co mmand (PIC) has the ability to control the speed, roll, y aw and pitch of the aircraft. An autonomous operations, or “Auto,” mode is availa ble through available pre-programmed flight plans, which must be uploaded to the aircraft prior to take-off using the 3D Robotics Mission Planner software application. The PIC may set the Aero-M to either an automatic takeoff or manual takeoff sett ing. After departing the ground, the aircraft initiates the preprogramed flight. At any time during the programmed flight, the PIC can provide inputs to ab ort and/or override the programmed flight to take6

immediate control of the Aero-M. For pre- programme d flight, the PIC may utilize additional navigation settings, including landing zones and flight area ( including visual no-fly zones, maximum altitude, an d minimum altitude), so that the Aero-M operates only within operator-specified flight parameters. .

**f. 3DR Solo** 

3DR Solo Weight 3.9 lbs Maximum Asscent Speed 10 m/s in stabilize mode; 5 m /s in “fly” mode Maximum Descent Speed 10 m/s in stabilize mode; 5 m /s in “fly” mode Maximum Horizontal Speed 48 knots (55 mph) Typical Flight Time 20 minutes Dimensions 10 in. tall (25 cm), 18 in. (46 cm) moto r-to-motor Aircraft Battery Lithium polymer 5200 mAh 14.8 Vdc Remote Control Operating Frequency 2.4 GHz Remote Control Range 1.2 miles (2 km) Remote Control Battery 2600 mAh 7.2 Vdc rechargeabl e lithium ion Previously Approved Exemptions 11935, 13586

The 3DR Solo is a battery powered, GPS enabled, fou r rotor multicopter. The 3DR Solo can be controlled autonomously through a preprogrammed fli ght plan via a ground control station or manually b y the PIC using a handheld transmitter/control. The 3 D Robotics Solo utilizes GPS data to determine its horizontal position and altitude. It has a Return t o Home (RTH) feature that can be manually activated in the event of a detected abnormality or emergency or aut omatically in the event of a lost Communications Si gnal or if the remaining battery reaches a minimum level

. Additionally, if for some reason the aircraft batte ry cannot support the RTH feature, the aircraft can safely land at its current location. The RTH featur e, when activated, commands the UAS to an altitude of 98' and returns to its home point. Via a Graphical In F light Control System the GPS signal strength, remot e control signal strength, altitude, vertical & horiz ontal speed, the distance of the aircraft from the remote control, remaining life of the remote control and a ircraft batteries, and remaining flight time, can b e monitored by the Pilot in Command (PIC) at any time during a flight.



## 4. Public Interest and Benefits

By employing UAS for Lamp Rynearson’s operations, t he potential risk of serious accidents and injuries associated with manned rotary and fixed wi ng aircraft weighing thousands of pounds, will be g reatly reduced and/or eliminated. In addition to weight, t he type of manned aircraft typically used to captur e the high resolution photography and video described her ein are capable of carrying 100 or more gallons of fuel which creates the potential risk of spillage and fi re in the event of an incident or accident, emit em issions harmful to the environment, and require an onboard pilot and additional crew members to operate the photographic and video equipment. Due to the fact t hat the UAS employed by Lamp Rynearson weigh less than 10 pounds fully loaded, carry no fuel, emit no harmful emissions, the pilot and crew are remotely located from the aircraft, and the UAS are operated over controlled access sites/properties, a signifi cant public benefit is achieved. Additionally, by employing UAS at altitudes well be low and at speeds far less than manned aircraft, Lamp Rynearson will provide the Agriculture, Archit ecture, Civil Engineering, Construction, Real Estat e, and7

Building Inspection Industries; with data and image ry that possess a superior level of detail and prec ision that is impossible to acquire with manned flights o r satellite imagery. And because Lamp Rynearson wi ll incorporate these systems into many of our contract s with public agencies, these more efficient operat ions will translate to lower project costs, increased sa vings and a better product for the agencies, and ul timately the taxpayers. Considering these points, we feel t hat the issuance of the proposed exemptions are in the public interest.



## 5. Lamp Rynearson & Associate’s UAS Operations Manual

Lamp Rynearson shall review and update this UAS Ope rations Manual at least annually, or more frequently if necessary, to insure that the informa tion contained herein is current, relevant to UAS operations, and to insure that it accurately reflec ts updated FAA requirements for Civil UAS operation s.



### a. **Safety**

Safety is the main priority of Lamp Rynearson. To a chieve the safest possible environment regarding Civil UAS operations, Lamp Rynearson’s UA S Operations Manual and the UAS Operations, Maintenance, and Safety Manuals shall b e followed.

Monthly safety meetings shall be conducted and docu mented to insure strict adherence to Lamp Rynearson’s UAS Operations Manual.

A Pilot In Command (PIC) and a Visual Observer (VO) shall be utilized during every flight (training and mission flights). The VO shall maintain direct Visual Line of Sight (VLOS) at all times during a flight. The VO and PIC shall remain in verbal conta ct at all times during a flight. The VO shall only perform see and avoid duties for the purpose of ide ntifying ground based and aerial obstacles and potential hazards including but not limited to other UAS and Manned Aircraft.

The PIC and VO shall monitor weather conditions pri or to and during every flight. If adverse weather conditions are predicted or observed, inclu ding but not limited to winds greater that the capabilities of the aircraft, rain, low or ominous clouds, lightning, and thunder, the flight shall be aborted.

Phone calls, electronic messaging, and texting shal l not be permitted at any time during flight operations.

To insure the safest possible environment during a flight, all nonparticipating personnel, shall remain at least 500 feet from the UAS unless a prot ective shelter has been established prior to the flight.

UAS shall not be operated within 500 feet of proper ty, or structures unless written permission has been granted by the owner and such operations d o not create a potential safety hazard.

All flights shall be conducted during daytime hours only, under Visual Meteorological Conditions (VMC).8

UAS shall not be operated over crowds or congested areas.

All UAS related incidents and/or accidents shall be immediately documented and reported to the FAA's UAS Integration Office within 24 hours . Accidents shall be reported to the National Transportation Safety Board (NTSB).



### b. **Training**

Training sessions shall be conducted as needed, but no less than bi-annually, for the purpose of flight training, proficiency, experience building, and to review safety issues.

Prior to being designated as a PIC for an official mission flight, the PIC must document at least 20 hours piloting a UAS of similar configuration. The PIC shall also successfully complete a basic test of skills that involves at a minimum take offs and landings, hovering, evasive & emergency maneuvers, mock mission flights, and ground control operations.

Prior to acting as a VO for an official mission fli ght, the VO must document at least 10 hours training to become fully aware of the responsibilit ies of seeing and avoiding for the purpose of identifying ground based and aerial obstacles and p otential hazards including but not limited to other UAS and Manned Aircraft.



### c. **Flight Planning**

Prior to each flight, the PIC and VO will visually survey the site/property being flown to identify site/property boundaries and ground based obstacles and potential hazards that may affect the aircraft during flight. They will also determine th e safest location from which to launch the aircraft as well as the best vantage point from whi ch to maintain a VLOS of the aircraft at all times during the flight. The location of a shelter for no n-participating personnel, if needed, shall also be determined at this time.

Operations shall be conducted over public, private, or limited access property only. Prior to each flight, Lamp Rynearson shall obtain written permiss ion from the site/property owner authorizing the UAS operations over the site/property and to ca pture high resolution photographs and video of the site/property and any structures thereon. La mp Rynearson shall strictly adhere to all privacy laws of the State and/or local jurisdiction in whic h UAS operations are conducted.

Prior to each flight, a PIC shall be designated. Th at designation shall not be transferred for the duration of the flight.

Prior to each flight, the PIC, VO, and other necess ary participants will review and discuss the details and parameters of the flight to insure that all participants have a firm understanding of the flight objectives.

Prior to each flight, the PIC shall determine and d ocument the altitude of the launch site and calculate the maximum flight altitude allowable to remaining within 400 feet AGL during the flight.9

Prior to each flight, the PIC shall ensure that the UAS has been programmed to automatically RTH if the remaining battery life reaches a minimum lev el of 25%.



### d. **Preflight Inspections**

Prior to each flight, the PIC shall inspect the UAS being flown to ensure it is safe for flight. In th e event, any condition, including but not limited to, inoperable components, items, or equipment, are discovered that would affect the safe operation of the UAS, the flight shall be aborted until the necessary corrective maintenance has be perform ed and a follow up inspection has been completed. An inspection of the Ground Control Stat ion shall be included in the preflight inspection. Additional inspections shall be conduct ed as prescribed by the Manufacturer.

The UAS and Remote Control Batteries shall be inspe cted for defects and to insure they have a charge sufficient to complete the mission flight wi th at least 25% battery life remaining.

The PIC shall verify that an adequate GPS signal is obtained per the Manufacturer's User Manual prior to launching the UAS.

The PIC shall ensure that the remote control antenn a and range extender is properly configured so to achieve the best possible communic ation link between the remote control, Ground Control Station, and the UAS. The Remote Con trol, Ground Control Station, and UAS connection shall be tested to ensure proper functio nality.



### e. **Flight Procedures**

A copy of the Lamp Rynearson UAS Operations Manual and the UAS Manufacturer's User, Safety, and Maintenance Manuals shall be maintained with the Ground Control Station at all times during a flight.

UAS shall be operated at an altitude of no more tha n 400 feet AGL.

The UAS shall not exceed either the FAA defined max imum speed (87 knots) nor the maximum speed recommended by the manufacturer of the aircra ft.

UAS shall not be operated within 5 nautical miles o f an airport unless a written agreement is obtained from the airport's manager. In the event a flight is conducted within 5 miles of an airport, a Notice to Airman (NOTAM) must be issued.

UAS shall be operated within visual line of site (V LOS) of the PIC and VO at all times. The PIC and VO must be able to communicate verbally at all times.

UAS shall not be operated when visibility is less t han 3 miles from the PIC.

UAS shall not be operated less than 500 feet below or within 2000 feet horizontally from a
cloud.10

The PIC shall stay clear of and always yield the ri ght-of-way to other UAS and manned aircraft.

The PIC shall manually activate the UAS's RTH featu re in the event of any detected abnormality or emergency.

During a flight, the PIC shall monitor at a minimum the UAS's altitude, horizontal speed, distance of the aircraft from the remote control, and remain ing battery life; and the remaining life of the remote control.

During all programmed autonomous flights, the PIC s hall maintain Visual Line of Site of the UAS and monitor the UAS controls. The PIC shall assume full manual control of the aircraft in the event of any detected abnormality or emergency and activa te the RTH feature.



### f. **Maintenance**

Routine and preventive maintenance, overhaul, and r eplacement shall be performed on each UAS as specified in the Manufacturer's Maintenance Manual. The Maintenance Manual for each UAS shall be maintained with the Ground Control Sta tion at all times during a flight.

Corrective maintenance for any condition, including but not limited to, inoperable components, items, or equipment, that are discovere d during a pre-flight inspection shall be completed according to the Manufacturer's recommend ation.

UAS that have undergone any maintenance or alterati ons that affect critical flight components shall undergo a functional test flight prior to bei ng placed back into service.



### g. **Record Keeping**

An aircraft maintenance record shall be kept up to date for each UAS operated by Lamp Rynearson.

Routine and preventive maintenance shall be recorde d in the aircraft record for each UAS operated by Lamp Rynearson.

Repair or corrective maintenance shall be recorded in the aircraft record for each UAS operated by Lamp Rynearson.

A record shall be created and maintained for each f light that shall include at a minimum the PIC's and VO's names, the flight location, time of day, a tmospheric conditions at the time of the flight, the UAS flown, the duration of the flight, and purp ose of the flight.

The original agreement granting access to the site/ property must be made a part of each flight record.

Training records shall be maintained for each PIC a nd VO that includes at a minimum, name, date, time of day, total training time, location of training, and training type.11



## 6. Requested Exemptions and Equivalent Level of Safety

14 CFR Part 21, Subpart H: Airworthiness Certificat es

This section establishes the procedural requirement s for the issuance of airworthiness certificates and other airworthiness approvals. Giv en the size, weight, speed, and limited operating a rea associated with the UAS to be utilized by Lamp Ryne arson, an exemption from 14 CFR Part 21, Subpart H (Airworthiness Certificates), subject to certain conditions and limitations, is warranted, and meets the requirements for an equivalent level of safety unde r 14 CFR Part 11 and § 333 of the Reform Act. 49 US C § 44701(f) and § 333 of the Reform Act both authori ze the FAA to exempt aircraft, including UAS, from the requirement for an airworthiness certificate up on consideration of the size, weight, speed, operational capabilities, proximity to airports and populated areas, and operation within visual line of sight. The UAS operated without an airworthiness ce rtificate in the restricted environment and under the conditions and limitations proposed by Lamp Ryn earson will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) op erating with an airworthiness certificate issued un der 14 CFR Part 21, Subpart H, and not subject to the p roposed limitations and conditions. The UAS to be operated by Lamp Rynearson all weigh much less than 55 lbs. fully loaded, will be operated at a speed of no more than 50 knots, will carry neither a pilot nor passengers, will carry no explosive or flammable materials or fuel, and will be operated exclusively in predetermined, controlle daccess environments. Lamp Rynearson’s UAS will use a radio frequency spectrum for operation and control that complies with Federal Communications C ommission (FCC) requirements, and will be operated only in accordance with the procedures pro posed herein and as may be established by the FAA. Lamp Rynearson’s UAS will be equipped with redundan t safety mechanisms allowing safe operation after experiencing certain in-flight fail ures. If a lost-link event occurs, including loss o f ground communications or loss of GPS signal, Lamp Rynearso n’s UAS will have the ability to perform a precoordinated, predictable, automated flight maneuver and return to a predetermined location within a designated security perimeter for landing. Unlike operations of other civil aircraft, operatio ns under the requested exemptions will be tightly controlled and monitored by both the pilot in command (PIC) and a Visual Observer (VO) in orde r to ensure Lamp Rynearson’s UAS remain within operat ional limitations and to ensure the safety of operations. These enhancements to current safety pr actices and regulations provide a greater degree of safety to the public and property owners than conve ntional aircraft operations conducted by aircraft with an airworthiness certificate. Lastly, there is no intrinsic credible threat to national security posed by UAS due to the size, speed, restricted operational environments, lack of explosive materials and flammable fuels or other liquids, and inability to carry passengers or a substantial external load.

14 CFR § 45.23(b): Display of Marks

This section requires that “[w]hen marks include on ly the Roman capital letter “N” and the registration number is displayed on limited, restri cted, or light-sport category aircraft or experimen tal or provisionally certificated aircraft, the operator m ust also display on that aircraft near each entranc e to the cabin, cockpit, or pilot station, in letters no t less than 2 inches nor more than 6 inches high, t he words “limited,” “restricted,” “light- sport,” “experimen tal,” or “provisional,” as applicable.” Even though Lamp Rynearson’s UAS will have no airwo rthiness certificate, an exemption may be12

necessary as the UAS will have no entrance to the c abin, cockpit, or pilot station on which the word “experimental,” etc., can be placed. Also, given th e size of Lamp Rynearson’s UAS, two-inch lettering will be impossible. Lamp Rynearson understands the need for markings and will mark all of its UAS in the largest possible lettering on the UAS fuselages so that anyone observing Lamp Rynearson’s UAS will be able to see the markings.

14 CFR § 61.113(a) & (b): Private Pilot Privileges and Limitations: Pilot in Command (PIC) and 14 CFR § 61.315(a) & (c): Sport Pilot Privileges and Limitat ions

These sections limit private pilots and sport pilot s to non-commercial operations. Because Lamp Rynearson’s UAS will not carry a pilot or passenger s, the proposed operations can achieve the equivale nt level of safety of current operations by requiring the PIC operating Lamp Rynearson’s UAS to have a private pilot’s or sport pilot’s license rather tha n a commercial pilot’s license to operate Lamp Rynearson’s small UAS. Unlike a conventional aircra ft that carries the pilot and passengers, Lamp Rynearson’s UAS are remotely controlled with no per sons onboard. The area of operation will be controlled and restricted, and all flights will be planned and coordinated in advance. The risks assoc iated with the operation of Lamp Rynearson’s UAS are so d iminished from the level of risk associated with commercial operations contemplated by 14 CFR Part 6 1 when drafted, that allowing operations of Lamp Rynearson’s UAS as requested with a private pilot o r sport pilot as the PIC exceeds the present level of safety achieved by 14 CFR §§ 61.113(a) & (b) and 61 .315(a) & (c).

14 CFR § 91.7(a): Civil Aircraft Airworthiness

This section prohibits any person from operating a civil aircraft unless it is in an airworthy

condition. As there will be no airworthiness certif icate issued for Lamp Rynearson’s UAS, should this exemption be granted, no FAA regulatory standard wi ll exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the UAS manufacturer’s manuals and use of safet y checklists prior to each flight, an equivalent leve l of safety will be provided. In accordance with t he pertinent part of 14 CFR § 91.7(b), the PIC for all of Lamp Rynearson’s UAS operations shall be respon sible for determining whether the aircraft is in a safe c ondition for flight, including the use of pre-fligh t safety

checklists.

14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual, Marking, and Placard Requirements

This sections provides in pertinent part that “[n]o person may operate a U.S.-registered civil aircraft ... For which an Airplane or Rotorcraft Flig ht Manual is not required by § 21.5 of this chapter

, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, app roved manual material, markings, and placards, or any com bination thereof.” Lamp Rynearson’s UAS, given their size and configuration, have no ability to ca rry a physical flight manual on the aircraft. The equivalent level of safety will be maintained by ke eping the flight manual at the ground control point where the PIC operating Lamp Rynearson’s UAS will h ave immediate access to it.

14 CFR § 91.103(b)(1): Preflight Action

This regulation requires each PIC to take certain a ctions before flight to insure the safety of each13

flight. As FAA approved flight manuals will not be provided for the aircraft, an exemption will be nee ded. Lamp Rynearson will comply with the other applicabl e procedures and requirements stated in § 91.103(a) & (b). Specifically, the PIC will take al l action including reviewing weather, flight batter y requirements, aircraft performance data, and landin g and takeoff distances before initiating a flight. The PIC will also account for all relevant site-specifi c conditions in their preflight procedures. Risks presented by sun glare will be mitigated by the PIC’s and VO’ s ability to see other air traffic and initiate a r eturn-tohome sequence if needed.

14 CFR § 91.109(a): Flight Instruction

This section provides in pertinent part that “[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully function ing dual controls.” UAS, by their design, do not have f unctional dual controls. Flight control is accompli shed through the use of a control box that communicates with the aircraft via radio communications. Given the size and speed of Lamp Rynearson’s UAS, an equi valent level of safe training can be achieved witho ut dual controls because no pilot or passengers are ab oard the UAS and all persons will be a safe distanc e away in the event that the UAS experiences any diff iculties during flight instruction. The FAA has approved exemptions for flight training without ful ly functional dual controls for a number of aircraf t and for flight instruction in experimental aircraft. See e.g. Exemptions Nos. 5778K and 9862A.

14 CFR § 91.119: Minimum Safe Altitudes

This section establishes minimum safe altitudes for operation of civil aircraft and provides that, over other than congested areas, no person may oper ate an aircraft below an altitude of 500 AGL, excep t over open water or sparsely populated areas, and th at over sparely populated areas the aircraft cannot be operated closer than 500 feet to any person, ves sel, or structure. As this exemption requests autho rity to operate at altitudes no higher than 400 feet AGL , an exemption may be needed to allow such operations. As set forth herein, Lamp Rynearson’s UAS will neve r operate at higher than 400 feet AGL, nor beyond visual line of sight (VLOS) of the PIC and V O, whichever is closer. It will, however, be opera ted

in a restricted area with individuals tasked with e nsuring public safety, and where buildings and peop le will not be exposed to operations without their pre -obtained consent and training. The equivalent level of safety will be achieved giv en the size, weight, and speed of Lamp Rynearson’s UAS as well as the restricted environme nts within which they will be operated. No flight w ill be taken without the permission of the property own er. Because of the advance notice to the property owner and the participants in the UAS operation, al l affected individuals will be aware of the planned flight operations. Compared to flight operations wi th manned aircraft or rotorcraft weighing far more than Lamp Rynearson’s UAS and the lack of flammable fuels onboard, any risk associated with Lamp Rynearson’s operations is far less than that presen tly presented by conventional aircraft operating at or below 500 feet AGL. In addition, the low-altitude o perations of Lamp Rynearson’s UAS will ensure separation between Lamp Rynearson’s UAS operations and the operations of conventional aircraft that must comply with § 91.119. Furthermore, Lamp Rynear son’s UAS will not be operated over congested areas nor over any open-air assembly of persons. La mp Rynearson’s UAS will be operated at an altitude allowing, if a power unit fails, an emergency landi ng without undue hazard to persons or property on t he14

surface.

14 CFR § 91.121: Altimeter Settings

In pertinent part, this section requires each perso n operating an aircraft to maintain cruising altitude by reference to an altimeter that is set t o “...the elevation of the departure airport or an appropriate altimeter setting available before depa rture.” As Lamp Rynearson’s UAS may not have a barometric altimeter, but instead a GPS altitude re adout, an exemption may be needed. An equivalent level of safety will be achieved by the PIC confirm ing the altitude of the launch site shown on the GP S altitude indicator, and prior to each flight, a zer o altitude initiation point will be established and confirmed for accuracy by the PIC. The PIC will als o ensure effective pairing with multiple GPS source s to guarantee accurate detection of altitude.

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This section prohibits a person from beginning “a f light in an airplane under VFR conditions unless (considering wind and forecast weather condi tions) there is enough fuel to fly to the first poi nt of intended landing, and, assuming normal cruising spe ed—(1) during the day, to fly after that for at lea st 30 minutes; or (2) at night, to fly after that for at least 45 minutes.” Given the limited area of operation of Lamp Rynears on’s UAS, Lamp Rynearson believes that an equivalent level of safety is already achieved by t he various failsafe procedures built in to Lamp Rynearson’s UAS that will perform a RTH maneuver or automatically land the aircraft in the case of a l ow battery while in flight. Operating Lamp Rynearson’s UAS in a tightly controlled area where only people or property owners or official representatives who hav e signed waivers will be allowed, with less than 30 minutes of reserve power, does not engender the typ e of dangers that § 91.151(a) was intended to alleviate given the size and speed of Lamp Rynearso n’s UAS. Lamp Rynearson believes that an equivalent level of safety can be achieved by prohibiting Lamp Rynearson’s PIC from beginning any flights unless, considering the wind and forecast weather condition s, there is enough available power for Lamp Rynearson’s UAS to conduct the intended operation a nd to operate after that for at least five minutes or with the reserve power recommended by the manufa cturer, whichever is greater. This restriction would be more than adequate to return Lamp Rynearso n’s UAS to its planned landing zone from anywhere in its limited operating area. FAA has gra nted similar exemptions in, for example, Exemption Nos. 2689F, 5745, 10673, 10808, 11864, and 11769.

14 CFR § 91.203(a) & (b): Civil Aircraft: Certifica tions Required

This regulation provides in pertinent part that “(a )...no person may operate a civil aircraft unless it has within it the following: (1) an appropriate and current airworthiness certificate... (b) No perso n may operate a civil aircraft unless the airworthine ss certificate required by paragraph (a) of this se ction ... is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.” Lamp Rynearson’s UAS fully loaded weigh less than 5 5 pounds and are operated without a pilot, passengers, or crew onboard. As such, there is no i s ability or place to carry certification and regis tration documents or to display them on Lamp Rynearson’s UA S. An equivalent level of safety will be achieved by keeping these documents at the ground control st ation where the PIC will have immediate access to15

them, to the extent they are applicable to Lamp Ryn earson’s UAS. FAA has issued numerous exemptions to this section; see e.g. Exemption Nos. 9565, 9665, 9789, 9789A, 9797, and 1 0700.

14 CFR §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) & ( 2), and 91.417(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 betw een required inspections, except as provided in paragraph (c) of this section, have discrepancies r epaired as prescribed in part 43 of this Chapter...;” and others shall inspect or maintain the aircraft in co mpliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Lamp Rynearson. Lamp Ryn earson will strictly adhere to the safety and maintenance procedures included in all applicable U AS manufacturers’ instructions and operating

manuals. To the extent such information is not included in t he guidelines as developed by the manufacturers, Lamp Rynearson will undertake to dev elop and document maintenance, overhaul, replacement, and inspection requirements, and proce dures to document and maintain maintenance records with regards to Lamp Rynearson’s UAS. An e quivalent level of safety will be achieved because Lamp Rynearson’s UAS are very limited in size and w ill carry small payloads and operate only in restri cted areas for limited periods of time. If mechanical is sues arise, Lamp Rynearson’s UAS can land immediate ly and will be operating from no higher than 400 AGL. Lamp Rynearson will ensure that its UAS are in working order prior to initiating each flight, perf orm regular maintenance, and keep a log of any maintenance performed. Moreover, Lamp Rynearson is most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition in order to ensure safe operations.



## 7. Support Documentation

Submitted with this petition, as separate documents , are the manufacturers’ User and

Maintenance Manuals for each of the UASs listed in Section 3.



## 8. Summary for Publication

Lamp Rynearson & Associates, Inc 14710 West Dodge Road, Ste 100 Omaha, NE, 68116

402-496-2498 mark.steele@lra-inc.com

Petition for Exemption under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR Part 21; 14 CFR § 45.23(b); 14 CFR § 61.113(a) & (b); 14 CFR § 61.315(a) & (c) ; 14 CFR § 91.7(a); 14 CFR § 91.9(b)(2); 14 CFR § 91.103 (b)(1); 14 CFR § 91.109(a); 14 CFR § 91.119; 14 CFR § 91.121; 14 CFR § 91.151(a); 14 CFR § 91.203; 14 CFR § 91.405(a); 14 CFR § 91.407(a)(1); 14 CFR § 1.409(a)(2); 14 CFR § 91.417(a) & (b)