December 1, 2015

Office of the Administrator Federal Aviation Administration 800 Independence Avenue SW May 20, 2015 Washington, D.C. 20591 **Reference: ICE ITS, Inc.**  **Petition for Section 333 Exemption Use of**  **Small Unmanned Aircraft Systems in**  **Surveying, Aerial Imaging and M apping**  Dear FAA, ICE ITS, Inc. (ICE) is a small business located in Ashburn VA

. The company recently decided to branch out and take some of it’s image processing experience into the unmanned aerial business. Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), ICE is petitioning for an exemption from the Federal Aviation Regulations and other rules/statutes pertaining to unmanned aircraft systems. Section 333 of the FMRA addresses special rules for certain unmanned aircraft systems and grants the FAA authority to allow for the safe operation of certain unmanned aircraft systems (UAS) within the national airspace. In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) for the purposes of surveying, aerial imaging, mapping, infrastructure inspections and other flight operations that could be performed safely and more cost effectively with the use of small UAS at low altitude within the U.S. national airspace system as compared to a manned aircraft. Operations will be performed only at the request of and with the authorization and permis sion of clients or their authorized agents in order to facilitate commerce and raise awareness of the beneficial uses of small unmanned air systems. So long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. ICE ’s small unmanned aircraft systems are aircraft weighing significantly less than 55 lbs (details are provided within). They operate at slow speeds (under 45kts) and within line of sight within the areas described in this petition. Such operations will ensure that the small unmanned aircraft systems operated by ICE will not create a hazard to other aircraft operating in the national airspace, to the general public or pose a threat to national security as dictated by the Federal Aviation Regulations. ICE will utilize the PrecisionHawk Hawkeye Aircraft Mk

-III Aircraft. PrecisionHawk is a leader in the small UAS community and through their impressive research and development have successfully obtained several FAA Certificates ofAuthorization for their platform through various FAA UAS test sites and public entities. This demonstrates the confidence in operation and safety that the FAA already has for this UAS manufacturer and its platform. PrecisionHawk continues its advancement in safety and UAS integration into the national airspace by researching and developing sense and avoid technology to benefit the UAS community, the FAA and other users of the national airspace.**14 CFR 11.81 (a)**  **– Name and address of the**  **Petitioner**:

ICE ITS INC 4801 Pipeline Plaza Suite 105

- 1 Ashburn VA 20148 **14 CFR 11.81 (b) –**  **Exemptions Requested:**  The FAA considers unmanned aircraft as “aircraft” flown by a “pilot” regardless of the location of the pilot. All aircraft and pilots must comply with applicable sections of Title 14 of the Code of Federal Regulations (14 CFR) to operate within the National Airspace. Unmanned aircraft are unable to comply with certain sections of 14 CFR as the regulations were written prior to the consideration of small UAS operating within the national airspace. Therefore ICE is requesting an exemption from certain parts of 14 CFR cited below in addition to such further exemptions and relief as the FAA may determine is necessary to permit the operations described herein

. 14 CFR Part 21.191 (a)

– Experimental Certificates 14 CFR Part 45.23 (b)

– Display of marks; general 14 CFR Part 61.113 (a) and (b)

– Private pilot privileges and limitations: Pilot in command 14 CFR Part 91.7

– Civil Aircraft Airworthiness 14 CFR Part 91.9 (b)

– Civil aircraft flight manual, marking and placard requirements 14 CFR Part 91.109

– Flight Instruction 14 CFR Part 91.119

– Minimum safe altitudes 14 CFR Part 91.121

– Altimeter settings 14 CFR Part 91.151

– Fuel requirements for flight in VFR conditions 14 CFR Part 91.203 (a) and (b)

– Civil Aircraft; Certifications Required 14 CFR Part 91.405

– Maintenance required 14 CFR Part 91.407

– Operation after maintenance, preventive maintenance, rebuilding or alteration 14 CFR Part 91.409

– Inspections 14 CFR Part 91.417

– Maintenance Records **14 CFR Part 11.81 (c) –**  **The extent of relief ICE**  **seeks, and the reason ICE**  **seeks the relief:**  ICE seeks relief pursuant to this exemption from applicable parts of the Federal Aviation Regulations to the extent necessary to permit civil flight operations within the national airspace and ICE seeks authorization to conduct small UAS flight operations within the perimeters of this exemption request.**14 CFR**  **Part 11.81 (d)**  **– The**  **reasons why**  **granting ICE**  **’s request**  **would be in**  **the public**

**interest; that is,**  **how it would benefit the public as a whole:**  Granting the exemption for ICE would allow the organization to safely and efficiently conduct small UAS flight operations. Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to similar operations conducted with manned aircraft of greater proportions, carrying a crew and flammable fuel. The use of the UAS in surveying, aerial imaging, infrastructure inspections and mapping can significantly increase the quality and accuracy of site surveys and would reduce the cost compared to conventional methods of aerial imaging. Larger more convent

ional aircraft are potentially hazardous due to their size, combustible fuel, and emission of hazardous pollutants. Switching to the use of the UAS would increase the safety of workers and the public. Additionally use of the UAS would also allow greater access to densely vegetated or impassable areas. Conventional imaging is limited due to the size of the vehicles used and the height of surrounding vegetation. The UAS would allow for greater precision in imagery that would require an AGL too low for conventional aircrafts. **14 CFR Part 11.81 (e) –**  **The reasons why granting the exemption would not adversely affect**  **safety, or how the exemption would provide a level of safety at least equal to that provided**  **by the rule from which ICE**  **seeks the exemption:**  ICE requests that the exemption be granted with the following limitations and operational conditions. These limitations and conditions will provide an enhanced level of safety and will be the guiding principles when ICE is conducting operations under this exemption: A. The small unmanned aircraft systems maximum take

- off weight will be less than 55 lbs. Detailed specifications are included in the attachments. ICE is willing to have its authorization restricted below the 55 lb. threshold to the operating weight of the unmanned aircraft identified. One of the fixed winged UAS platforms that ICE is seeking to utilize through this exemption is currently operating safely within the national airspace pursuant to several Certificates of Authoriz ation (COA) granted by the FAA to Texas A&M College Station and other public entities. One of the COAs was for the PrecisionHawk Hawkeye Mk

-III Aircraft to provide aerial imagery and mapping for authorities at the recent Washington state mudslides in Oso, WA. Other COAs have been approved for this particular platform through other public entities demonstrating the confidence that the FAA has for this manufacturer’s operational and safety protocol. ICE has attached and will be operating in accordance with PrecisionHawk Lancaster’s Flight Manual, Maintenance Schedule, and training documents for review within this exemption application. Although this platform is one that ICE is utilizing, ICE asks that the exemption be granted with respect to this aircraft and other aircraft of like size, weight and capabilities; however, we want to demonstrate our commitment to safety and the continuance of strong UAS partnerships.
B. All pilot in command (PIC) and ground observers (also known as the air crew) will be retired Naval Aviators or certified pilots who have FAA certified pilots licenses. This ensures that all air crew members (PIC and ground observers) will have the knowledge regarding the Federal Aviation Regulations, Airspace, and other pertinent knowledge to conduct safe operations of small unmanned aircraft systems. A ICE employee with a FAA commercial pilot certificate and flight instructor certificate that has been trained on UAS operations will oversee all training and ensure all air crew receive proper training and abide by all pertinent regulations. All pilot in command and ground observers will be trained in detail to each ofthe unmanned aircraft system platform’s operations, systems and emergency procedures.

Every air crew member will obtain an FAA Class 2 medical certificate. C. All flight operations will be operated at an altitude of no more than 400 ft above the ground (AGL) and within Class G (uncontrolled airspace) and some Class E (with prior approval). No flight operations will be operated within Class A, B, C, or D airspace or special use airspace. All flight operations are to be conducted during daylight hours, under 30 mph winds and within line of sight. All sites will be located a sufficient distance from any airport, heliport, military base/airspace or other location with aviation activity. All flights will be communicated to FAA Flight Service with posted NOTAMS prior to the flight(s). D. All flight operations will be conducted within line of sight of the pilot in command and ground observer(s). Maximum total flight time for each flight will be 90 minutes or less in duration. All flight operations will be terminated when the aircraft has less than 20% battery life remaining. E. Flight operations and safety briefings will be conducted prior to all planned small unmanned aircraft system flights and will be mandatory for all air crew. Briefings will include weather reviews, take off, landing and aircraft performance data for those real time conditions, and full pre

- and post

- flight inspections/checklists and briefings for each specific unmanned aircraft system being operated. F. In the event of a communication lost link, the UAS will return to a specific predetermined location and once the UAS is safely recovered, all flight operations will cease until any communication/data link issues are properly resolved. G. Regarding privacy concerns, ICE will have agreements in place for all areas of operations.**14 CFR Part 11.81 (f) A summary the FAA can publish in the Federal Register,** **stating:**

**(1) The rule**  **from which you seek the exemption**  Petitioner: ICE Sections of 14 CFR that ICE seeks an exemption: 14 CFR Part 21.191 (a) 14 CFR Part 45.23 (b) 14 CFR Part 61.113 (a) and (b) 14 CFR Part 91.7 14 CFR Part 91.9 (b) 14 CFR Part 91.109 14 CFR Part 91.119 14 CFR Part 91.121 14 CFR Part 91.151 14 CFR Part 91.203 (a) and (b) 14 CFR Part 91.405 14 CFR Part 91.407 14 CFR Part 91.409 14 CFR Part 91.417 **(2) A brief description of the nature of the exemption you**  **seek:** ICE seeks relief from the applicable parts of 14 CFR 21, 45, 61 and 91 as requested within this petition to allow ICE to safely and efficiently conduct commercial UAS flight operations within Class G and Class E (with prior approval) airspaces for surveying, aerial imaging and mapping

. **14 CFR Part 11.81 (g) –**  **Any additional information, views or arguments available**  **to support ICE**  **’s request:**  Aerial inspection of energy pipelines , p ower line towers and telecommunications towers are federally required and typically performed using manned aircraft flying at low altitudes. Utilizing unmanned aircraft would reduce risks to pilots and the public, and more efficiently protect the country’s critical infrastructure at much lower cost than is what available today. **14 CFR Part 11.81 (h) –**  **Request to exercise the**  **privileges of the exemption outside the**  **United States, the reason why the petitioner needs to do so:**  ICE does not seek to exercise the privileges of this exemption, should it be granted, outside the United States. Our request is strictly to be granted authority for civil UAS operations at specified locations within the national airspace system. Sincerely,

Dan Molthen PresidentAttachments: PrecisionHawk Flight Manual, Maintenance Schedule and training documents.