U. S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington DC 20590

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 11295 and Code of Federal Regulations Title 14 Part 11, Brian Schultz Environmental Engineer for Douds Stone LLC ; An operator of an Unmanned Aircraft System (hereafter referred to as UAS) for acquisition of aerial imagery for use in stockpile imagery and volumetrics in quarries, excavations, and mining operations ; Hereby applies for an exemption from the Federal Aviation Regulations (hereafter referred to as FARs) to allow commercial operation of its UAS.

The “ FARs ” Brian Schultz Environmental Engineer for Douds Stone LLC seeks exemption from

are as follow: 14 CFR 21 14 CFR 45.23 14 CFR 45.29 14 CFR 61.3 14 CFR 61.23 14 CFR 61.113(a) 14 CFR 61.113(b) 14 CFR 61.133(a) 14 CFR 91.7(a) 14 CFR 91.9 14 CFR 91.109(a) 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151(a) 14 CFR 9 1.203 14 CFR Subpart E 91.40191.417

Please see **Appendix A** for detailed explanation of each regulation from which an exemption is sought and the equivalent level of safety proposed.

**Petitioner Contact info:** Name: Brian Schultz Company: Douds Stone LLC Address: 14242 Terminal Ave Ottumwa IA 52501 Phone: ( 641 ) 683

- 1671 Email : brians@doudsstone.com

**Background Information and proposed use:** Brian Schultz Environmental Engineer for Douds Stone LLC (hereafter referred to as Douds Stone LLC ) is in possession o f a DJI Phantom Vision 2 Plus. The UAS operated by Douds Stone LLC weighs less than 1 5 pounds, including the payload (i.e. camera, lens, and gimbal). It has a maximum speed of 34MPH, can hover, and can simultaneously move vertically and horizontally. Douds Stone LLC will primarily operate its UAS within the confines of the quarry/excavation site/mine in areas deemed “Hard Hat and Protective Eyewear Only” for maximum safety. DoudsStone LLC will operate its UAS in line of sight only. Flights will be only be performed at the

request of the site ownership. **The aircraft and its operation:**  The UAS operated by Douds Stone LLC is a DJI Phantom 2 Vision Plus. This UAS has flight control using a remote control operating the 5.7285.85GHz frequency in compliance with F CC regulations. The range extender allowing the device to communicate to a smart device operates within a frequency of 2.4122.462GHz in accordance with FCC regulations. At any time that communication is lost the UAS will return to its take off location at a height of approximately 50 feet. The UAS locks onto multiple GPS satellites to establish a “home ” position prior to flight. All flights will be operated within line of sight by the pilot and observer. Maximum flight time of each event will be limited to 15 minutes or less, this will leave approximately 30% of reserve time on the UAS. Preflight procedure will be as follows: Power supply test of UAS, Controller, Range Extender and DJI application device ( laptop ) Calibration of compass Assessment of weather considerations Assessment of Flight obstructions GPS lock of no less than 6 satellites* Link between controller and UAS Link between application and UAS *The applications used with the UAS, namely Agisoft and Ground Station have safety checklists built into the software. Missions will not proceed unless all prerequisites have been met. All maintenance will be conducted in accordance with all manufacturer’ s specifications. All maintenance and repair/modifications will be logged in a permanent file for fut ure reference. All of the latest firmware will be updated as needed via the DJI software as well as controller calibrations.

**Proposed Use:** Flights will be well below the 400 feet AGL requirement. Douds Stone LLC will primarily operate a UAS below 300 feet AGL due to the focal length and photographic overlap requirements mandated by the stockpile volumetric software. Flights will always have a UAS operator and observer who will run the software from a laptop or tablet. UAS operation will not be commenced if within 5 miles of an airport which will ensure no danger to manned aircraft traffic. Quarries/excavation sites/mines are a unique environment because the operation area requires protective headgear and protective eyewear. The risk to the public would be EXTREMELY low.

**Public Interest: Benefits to small family owned quarries**  The use of the UAS would greatly benefit small privately owned quarries by bringing greater accuracy in stockpile measurement; Increasing profitability and efficiency. Smaller quarries do not have the budgets that multinational operations have. Large operations use LIDAR scanners for stockpile measurement. These devices range in price from $55,000 to $125,000 and have to be operated manually for accurate results. Small quarries do not have the budget or the manpower to perform similar inventory operations. Using UAS based photogrammetry solutions has been proven to be as accurate at a fraction of the
cost . * * ** https://pix4d.com/wpcontent/uploads/2013/08/Article_UAVsurveyingforstockpiles.pdf These benefits would also accrue to small excavation and mining companies for computing volumes accurately and showing progress over time by overlaying the imagery on historical satellite images.**Request for pilot ’**  **s license waiver:**

Due to the very specific nature of this UAS application, the petitioner would ask for the requirement for obtaining a private pilot’ s license be waived. Operating the UAS under these circumstances outlined in this app lication will “not create a hazard to users of the national airspace system or the public. ” Brian Schultz Douds Stone LLC has flown for over 1 year and has an estimated 100 hours of flight time in type and has had no incidents or accidents. Brian Schultz D ouds Stone LLC is in good medical health and sound mental health with no criminal record. If a waiver for pilot’ s license cannot be granted; the petitioner requests consideration of at least a 120 day temporary airman certificate in accordance with 14 CFR 63.13, to allow Douds Stone LLC time to obtain a private pilot certificate or to allow the FAA time to establish minimum UAS airman certification

s tandards.

Thank you for your consideration,

Brian Schultz Environmental Engineer Douds Stone LLC**Appendix A**

**EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER**  **APPLICABLE RULES SUBJECT TO EXEMPTION** Douds Stone LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the DJI Phantom Vision 2 Plus (hereafter referred to as UAS):

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the siz e of the UAS, it’ s very light weight and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved. An analysis of these different criteria demonstrates that the UAS operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks ; size of marks These regulations
provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the UASs, this requirement is impossible to match.

14. CFR § 61.23: Medical certificates: Requirement and duration Regulations provide that a person: (1) Must hold a first class medical certificate:

• When exercising the pi lot in command privileges of an airline transport pilot certificate ;

• When exercising the second in command privileges of an airline transport pilot certificate in a flag or supplemental operation in part 121 of this chapter that requires three or more pi lots ; or

• When serving as a required pilot flight crewmember in an operation conducted under part 121 of this chapter if the pilot has reached his or her 60th birthday. (2) Must hold at least a second class medical certificate when exercising:

• Second in command privileges of an airline transport pilot certificate in part 121 of this chapter (other than operations specified in paragraph (a) (1) ( ii) of this section) ; or

• Privileges of a commercial pilot certificate Given the size of the UAS, its structure, the limited flight area, and the safety features integrated in the autopilot (among others a flight termination system), Brian Schultz Douds Stone LLC believes that an Equivalent Level of Safety can be reached if the operator has a valid driver's license.14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

14 C.F.R. § 61.113(a} & (b) ; 61.133(a}: Private Pilot Privileges and Limitations ; Pilot in Command; Commercial Pilot Privileges and Limitations The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used. The regulation provides also t hat no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1 ) The flight is only incidental to that business or employment; (3) The aircraft does not carry passengers or property for compensation or hire. Given the safety features of the UAS, Brian Schultz Douds Stone LLC proposes that operators of the UAS should not be required to hold a commercial or private pilot certification. The equivalent level of safety will be achieved by having an operator fly the UAS according to the flight manual, and using the integrated features of the aircraft to maintain a high leve l of safety during the different missions.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness Subpart H, entitled Airworthiness Certificates, 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 the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from 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 (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirement s The equivalent level of safety will be achieved by keeping a hard copy of the user manual in close proximity to the operator. The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by § 45.29 (f) where the pil ot, observer and others working with the UAS will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 91.109(a): Flight Instructi on The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The equivalent level of safety during the inflight training will be achieved by the manufacturer or affiliate providing the training as described in the manufacturer's training program and through the use of experienced and qualified instructors familiar with the UAS.14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests authority to operate at altitudes up to 400 AGL, It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent. The equivalent level of safety will be achieved given the size, weight, 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 or local official s. Compared to flight operations with aircraft weighing far more than those proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft.

14 CFR 91.121: Altimeter settings This regulation requires each person operating an 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 is requested. An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions The regulation provides that no person may begin a flight in an airplane under dayVFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. As the UASs are electric powered, this requirement is inapplicable. In any event, given the contemplated operations, Douds Stone LLC believes that an equivalent level of safety is already achieved with the specific procedure preventing the UASs accepting a takeoff order if the battery level is below a given value. Moreover, the manufacturers have integrated low and critical battery level warnings and implemented a "return to home" action in these situations.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate.

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91. 715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 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 such UAS. The FAA has issued numerous ex emptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR Subpart E (91.401 91.417): Maintenance, Preventive Maintenance, and Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 91.409 require the aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness certificate. Section 91 A 17 requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.Douds Stone LLC proposes that the maintenance of the UASs will be accomplished by the owner

or the operator according to the manufacturer's user manual. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced herein. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical is sues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator 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.