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 Mapping

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 theFederal 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 grantsthe 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 permission 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 ofsight 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 theirimpressive research and development have successfully 

obtained several FAA Certificates ofAuthorization for their platform through various FAA UAS test 

sites and public entities. This demonstratesthe 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 theUAS 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) – ExemptionsRequested:

The FAA considers unmanned aircraft as “aircraft” flown by a “pilot” regardless of the locationof 

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; CertificationsRequired 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 perimetersof 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 conventional 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 tothat 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 Authorization (COA) granted by the FAAto 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 COAshave 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 grantedwith 

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 of 
the 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 Servicewith 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 lessin 

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. Briefingswill 

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 requestedwithin 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, power 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 operationsat specified 

locations within the national airspace system.

Sincerely,

Dan Molthen

President
Attachments: PrecisionHawk Flight Manual, Maintenance Schedule and training documents.