6 October 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Docket FAA 2015-1228, Petition for Amendment to Exemption No. 11881

Dear Sir or Madam: 

Empire Unmanned received FAA Exemption No. 11881 on June 23, 2015 authorizing us to operate DJI 

multi-rotors in order to conduct aerial data collection. We received an amendment to this exemption 

permitting us to fly an additional DJI aircraft as well as the SenseFly eXom on September 25, 2015. This 

petition is for an amendment to that exemption, namely to amend proximity restrictions in order to permit 

the survey of bridges and roadways.

Our multi-rotor aircraft weigh less than 10 pounds and can produce a detailed 3-dimensional 

models of roadways, bridges, and construction sites, as well as perform inspections under 

structures that would be impossible for manned aircraft. These models assist engineers and 

county planners in maintaining and improving public infrastructure, and are in the public 

interest.

However, the restrictions of our exemption prevent us from conducting these surveys. Item 26

requires that we fly no closer than 500 feet to persons, vessels, vehicles, and structures without 

their permission. In coordination with the Idaho Department of Transportation we studied the 

apparent solution of stopping traffic for the short duration of these flights. This was ruled out 

since stopping traffic not only inconveniences the public, it greatly increases the risk of collision. 

Furthermore, obtaining permission from the drivers using the roadway is not only impractical, it 

would slow traffic and create additional distractions.

In order to provide benefit to the public with surveys of infrastructure while minimizing 

additional risk, we request the following amendment be added to Exemption No. 11881 and 

11881-A.

26. All Flight operations must 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 UA and/or debris in the event of an accident. The operator must ensure

that nonparticipating persons remain under such protection. If a situation arises

where nonparticipating persons leave such protection and are within 500 feet of

the UA, flight operations must cease immediately in a manner ensuring the safety

of nonparticipating persons; and

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

for operating closer to those objects and the PIC has made a safety assessment of

the risk of operating closer to those objects and determined that it does not

present an undue hazard. 
c. A local government agency, such as a state transportation department or county highway 

department, has conducted a safety risk assessment and approved risk mitigation procedures to 

safely conduct a flight in the vicinity of public roadways, bridges and easements. These 

procedures must be made available to the Administrator or any law enforcement 

official upon request.

We feel this change would allow local experts to study each operation and ensure safety without 

creating an additional burden on the FAA.

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent 

level of safety. We look forward to working with your office. Please contact us at any time if 

you require additional information or clarification. 

Sincerely,

Bradley J. Ward

Chief Pilot, Empire Unmanned

Empire Unmanned LLC

Attn: Bradley Ward

Ph: 208-844-7775

Email: bradw@empireunmanned.com