QSANDISI CIVIL ENGINEERS 

SURVE YORS 

PL ANNERS 

Sand is 

Ken Olcott, P.E. 

President I LEED AP I QSDIP 

1700 S. Winchester Blvd Suite 200 

Campbell, CA 95008 

P: (408) 636-0925 

ko lcott@sandi s .net 

U.S. Department of Transportation 

Docket Operations 

October 29, 2015 

West Building Ground Floor, Room W 12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Request for FAA Section 333 exemption from multiple regulatory provisions to allow the 

use of unmanned aerial systems (U A V s) in land surveying relating to civil and traffic 

engmeenng. 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

Reform Act) and 14 C.F.R. Part 11 , SANDIS CIVIL ENGINEERS SURVEYORS 

PLANNERS , a California Corporation, located at 1700 S. Winchester Blvd Suite 200 

Campbell, CA 95008 (Sandis), hereby applies for an exemption from the listed Federal 

Aviation Regulations ("FARs") to allow commercial operation of its Small Unmanned Aircraft 

Systems ("sUAS" ) for aerial imaging for safety and monitoring of secured and controlled 

enviromnent project sites, 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. 

The requested exemption would permit the operation of sUAS under controlled 

conditions in airspace that is I) limited 2) predetermined 3) controlled as to access and 4) would 

provide safety enhancements to the already best practices safety protocols followed by Sandis at 

each one of its project sites. Approval of this exemption would thereby enhance safety and 

fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to 

" ... establish requirements for the safe operation of such aircraft systems in the national airspace 

system." Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

Sand is 

1700 S. Winchester Blvd Suite 200 

Campbell, CA 95008 

1700 S. Winchester Blvd., #200, Campbell, CA 950081 P. 407.636.0900 I F. 408.636.0999 

Silicon Valley SF/East Bay Central Valley Tri-Valley Sacramento 
Q S A N D I S I E:~~~~F"" 

The make and model of the aircraft for proposed operations is: 

Manufacturer: AeroTestra 

Model: Ivan 

Year: 2014 

Serial No. 

ATMK09002 

Dimensions 

21.5 X 21.5 X 8 IN 

Takeoff Weight 

3.8KG (8 pounds, six ounces) 

Powertrain 

T-MOTOR 4014 400KV 

6S2P 9000 mAh LiPo 

45 AMP OPTICAL ESC 

15 X 5.5 CF PROPELLERS 

Autopilot System 

PIXHA WI< with 32 bit 

STM32F427 Cortex M4 core 

RFD ULTRA LONG RANGE 

900 mHz TELEMETRY MODEM 

Radio System 

SPEKTRUM DX6 6 CHANNEL Tx 

SPEKTRUM A6210 6 CHANNEL 

~'{ with SATELLITE 

1700 5. Winchester Blvd., #200, Campbell, CA 95008J P. 407.636.0900 J F. 408.636.0999 

Silicon Valley SF/East Bay Central Valley Tri-Valley Sacramento 
Regulations from which the exemption is requested: 

14 C.F.R. Patt 21 

14 C.F.R. 45.23(b) 

14 C.F.R. 61. 11 3 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R. 91. 103 

14 C.F.R. 91. 109 

14 C.F.R. 91.1 19 

14 C.F.R. 91.121 

14 C.F.R. 91.151 (a) 

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.405 (a) 

14 C.F.R. 407 (a) (I) 

14 C.F.R. 409 (a) (2) 

14 C.F.R. 417 (a) & (b) 

I. STATUTORY AUTHORITY FOR EXEMPTIONS 

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. 

This statutory authority inc ludes exempting civil aircraft, as the term is defined under 

§40101 of the Act, including sUASs. from the requirement that all civil aircraft must have a 

cunent airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44 702-44 716 of this 

title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) 

See also 49 USC §447 11(a); 49 USC §44704; 14 CFR §9 1.203(a) (1). 

Section 333(b) of the Reform Act assists the Secretary in determining whether 

sUAS may operate in the ational Airspace System ( AS) without creating a hazard to 

the user, the public, or a threat to national security. If the Secretary determines that a 

sUAS "may operate safely in the national airspace system. the Secretary shall establish 

requirements for the safe operation of such aircraft in the national airspace system." !d. 

§333(e). 

Sandis·s UAVs have a takeoff weight of less than I 0 lbs (as specified by the 

manufacturer it is exactly 8 pounds, six ounces). They operate under normal conditions at a 

speed of no more than 50 knots and have the capability to hover. and move in the vertical 

and hori zontal plane simultaneously. The sUAS will operate only in the Pilot's visual line of 

sight at all times and will operate only directly above uninhabited open ground or over 

buildings where no one is on the roof. Such operations will insure that the sUAS will ·'not 

create a hazard to users of the national airspace system or the pub I ic. '' Reform Act Section 

333 (b). 

1700 S. Winchester Blvd., #200, Campbell, CA 950081 P. 407.636.0900 I F. 408.636.0999 

Silicon Valley SF/East Bay Central Valley Tri-Valley Sacramento 
Given the small size of the sUAS involved and the restricted and sterile environment 

within which they will operate, our appli cation falls squarely within the zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of sUAS to commence immediately. Also due to the small size 

of the sUAS and the low altitudes and restricted areas in which the sUAS will operate, 

approval of the application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained 

in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding 

the proposed operations, and the significant public benefit. including enhanced safety. the 

grant of the requested exemptions is in the public interest. Accordingly. Sandis 

respectfully requests that the FAA grant the requested exemption without delay. 

II. PUBLIC INTEREST 

This exemption application is expressly submitted to fu lfill Congress' goal in passing 

Section 333(a) tlu·ough (c) of the Reform Act. This law directs the Secretary of Transportation 

to consider whether certain unmanned aircraft systems may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. By granting an 

exemption the FAA will fulfill Congress's intent of allowing UAS to operate \;l,lith significant 

safety precautions in low risk envirom11ents. 

The use of sUAS to photograph and survey open land or to keep track of daily 

progress on a project site can significantly reduce the risk to workers of falls while 

inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, and collect 

data on hard to get to areas that otherwise would require climbing of steep hillsides and 

placing workers at risk for various elevated or difficult to reach inspections. Falls are a 

leading source of workplace fatality and injury on construction sites 

1

, and reducing falls on 

steep, wooded, unsteady or unsecure ground areas through sUAS use fo r site imaging could 

save workers lives and prevent serious injuries. Due to the very earl y hours of worker arrival 

and relatively early hours of worker departure, the acti ve project sites can be surveyed after 

'vVork hours, but before sunset. 

Additionally, sUAS could replace the use of helicopters and small aircraft to monitor 

sites. The sUAS we propose to fly in this application are less than ten pounds, and carry no 

combustible material on board, as opposed to the much larger conventionally powered small 

aircraft. Shifting to sUAS from helicopters presents a marked safety increase for our workers 

and the public. 

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy 

used for aerial imaging and data collection over a project site. Our sUAS use rechargeable 

lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are 

many hundreds of times heavier. 

1 "Commonly Used Stat istics", Occupational Safety & Hea lth Administration. Available at: 

https://www.osha.gov/oshstats/commonstats.html 

1700 S. Winchester Blvd., #200, Campbell, CA 95008 1 P. 407.636.0900 I F. 408.636.0999 

Silicon Valley SF/East Bay Central Valley Tri-Valley Sacramento 
Q SANDIS I CIVIL ENGINEER S 

SURVEYORS 

PLANNER S 

III. EQUIVALENT LEVEL OF SAFETY 

Sandis proposes that the exemption requested herein apply to sUAS that have the 

characteristics and that operate with the limitations listed herein. These limitations provide 

fo r at least an equivalent or even higher level of safety to operations under the current 

regulatory structure because the proposed operations represent a safety enhancement to the 

already safe protocols followed on project sites and imaging and surveying operations 

conducted with helicopters and other conventional aircraft. 

Sandis will be bound by the fo llowing limitations when conducting its sUAS 

operations under an FAA issued exemption: 

1. The sUAS will be less than I 0 pounds. 

2. Flights will be operated within visual li ne of sight of a pilot. 

3. Maximum tota l fl ight time for each operational !"l ight wi ll be 30 minutes. The 

UAS calculates battery reserve in real time, and ,.viii return to its ground station 

with at least 20% battery power reserve should that occur prior to the 30 minute 

limit. 

4. Flights will normally be operated at an altitude of 300 feet AGL. never exceeding 

400 feet AGL. 

5. Any site within 5 miles of an airport will not be fl own without notification and 

approval of the local FAA Flight Standards District Office (FSDO) and airport 

controll er. 

6. Crew for each operation will consist of the sUAS Pilot vvho wi ll keep the sUAS 

within his visual line of sight at all times. 

7. The sUAS Pilot will be trained in fli ght, operations. and safety procedures as detailed in 

FAA bull etins and industry training programs. The operator shall be a trained and 

experienced dro ne pilot meeting the rules of the FAA that exist or may be modified at 

the time of the respective fl ights. 

8. The sUAS will only operate within a confined zone whi ch will require the 

establishment of a "Security Perimeter'' for the fli ght operations area. 

9. A briefing will be conducted in regard to the planned sUAS operations prior to each 

day's production activities. It will be mandatory that all personnel who wi ll be 

performing duties with in the boundari es of the safety perimeter be present for this 

briefin g. 

10. All onsite personnel will consent to the UAS flyover on site by waiver, and the 

operator will obta in additional verbal or written consent of all persons who wi ll be 

allowed within 100 feet ofthe fli ght operation. 

l l. Pilot will have been trained in operation of UASs generally and received up-to-date 

information on the particular UAS to be operated in accordance with then industry 

approved guidance and standards. 

12. Written and/or oral permission from the relevant property holders will be obtained. 

13. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropri ate 

governmental agencies. 

1700 S. Winchester Blvd., #200, Campbell, CA 95008 1 P. 407.636.0900 I F. 408.636.0999 

Silicon Valley SF/East Bay Central Valley Tri-Valley Sacramento 
14. Where required, there will be communication and scheduli ng of the fl ights with 

appropriate ATC personnel sufficientl y far in advance to a llow del iberate and 

considered evaluation and implementation of the request. 

15. If the sUAS loses communications or loses its GPS signal, it wi ll have capabil ity to 

enter " loiter mode" and hover. reestablish satellite connection, and return to a predetermined location within the Security Perimeter and land. 

IV. DESCRIPTION OF SPECIFIC REGULATIONS 

14 FR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command 

Sections 61.11 3 (a) & (b) limit private p ilots to non-commercial operations. Because the 

sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent 

leve l of safety of current operations by requiring the Pilot operating the a ircraft to have (1) 

completed a sUAS flight training course of 50 hours be fore nying a sUAS and (2) a Sport 

Pilot certificate. The FAA has previously acknowledged in prior grants of exemption under 

Section 333 that a commercial pilot's certificate was not necessary to operate a sUAS, but that 

the FAA could not waive the requirement for an FAA-issued pilot's license. A Sp01t Pilot 

certificate addresses the FAA's requirement that the Pi lot in command have the requisite 

training and understanding of the National Airspace System, and a lso ensures that the Pilot is 

registered with the FAA and will not pose a risk to nationa l security. The Sport Pilot certificate 

a lso does not require the Pilot to undertake the additional cost and time of additional manned 

aviation flight time that the Private Pilot's license requires and which wil l not translate to skill 

or competency operating the sUAS. 

Unlike a conventiona l aircraft that carries the pi lot and passenge rs, the sUAS 

isremotely controll ed with no living thing or cargo on board. 

The sUAS to be operated here under is less than 10 lbs. fully loaded, carries ne ither a 

pilot nor passenger, carries no explosive materia ls or flammable liquid fuels, and operates 

exclusively within a secured area as set out in the Manua l. Like other civil a ircraft, 

operations under this exemption will be tightly controll ed and monitored by the operator, 

pursuant to the Manual's requirements, and under the requirements and in compliance with 

local public safety requirements, to provide security for the area of operation as is currently 

done on active surveying and construction sites. The FAA will have advance notice of a ll 

operations that will be within the applicable ranges of airports. as specified by the FAA. 

The risks associated with the operation of the sUAS are therefore d iminished from 

the level of risk associated with commercia l operations contemplated by Part 6 1 when 

dra fted, and a llowing operations of the sUAS as requested with a Pilot who has met the 

minimum requirements stated in this application achieves the level of safety 

contemplated by 14 C.F.R. §6 1.11 3 (a) & (b). 

1700 S. Winchester Blvd., #200, Campbell, CA 95008 1 P. 407.636.0900 I F. 408.636.0999 

Silicon Valley SF/East Bay Central Valley Tri-Valley Sacramento 
14 C.F.R. 91.103: Preflight Action 

This regulation requires each pilot in command take certain actions before flight to 

ensure the safety of flight. An exemption is needed from this requirement as the Pilot will 

take separate prefli ght actions, including checking for weather conditions, checking flight 

battery requirements, checking takeoff and landing distances. and all other actions in 

industry guide lines and standards. 

14 C.F. R. 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civi I aircraft. Section 91.1 19 

(d) allows helicopters to be operated at less than the minimums prescribed. provided the 

person operating the helicopter complies with any route or altitudes prescri bed for 

helicopters by the FAA. This exemption is for a multirotor craft that flies simi larly to a 

helicopter, with vertical takeoff and vertical landing, which wi ll typically operate at altitudes 

of300 AGL, so an exemption may be needed to allow such operations. The sUAS will never 

operate at altitude higher than 400 AGL and will be in a restricted area with security 

perimeter, where buildings and people will not be exposed to operations without their preobtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the 

sUAS as well as the location where it is operated. No fli ght will be taken without the 

permission of the property owner or local officials. Because of the advance notice to the 

property ovvner and any onsite personnel, all affected individua ls will be aware of the 

planned flight operations. Unlike flight operations with aircraft or rotorcraft weighing fa r 

more than the maximum 10 lbs. proposed herein, our sUAS wil l not carry flammable fuel. In 

addition, the low-altitude operations of the sUAS will ensure separation between sUAS 

operations and the operations of conventional aircraft that must comply with Section 91. 119. 

14 C.F.R. 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 sUAS may not have a 

barometric altimeter, but instead a GPS altitude read out. an exemption may be needed. An 

equivalent level of safety will be achieved by the operator. pursuant to the Manual and 

Safety Check list, confirming the altitude of the launch site shov.m on the GPS altitude 

indicator before flight. 

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions 

Section 91.151 (a) outlines fuel requirements for beginning a fl ight in VFR conditions. Our 

sUAS is limited to operations in sterile and controll ed environments as outl ined in the 

Manual, and has a limited range and flight time which require an exemption from 14 CFR 

91.15 l(a). 

1700 S. Winchester Blvd., #200, Campbell, CA 95008 1 P. 407.636.0900 I F. 408.636.0999 

Silicon Valley SF/East Bay Central Valley Tri-Valley Sacramento 
The battery powering the sUAS provides approximately 35 minutes of powered flight. 

To meet the 30 minute reserve requirement in 14 CFR §9 1.1 5 1. sUAS flights would be 

limited to approximately 5 minutes in length. Given the limitations on the sUAS's proposed 

flight area and the location of its proposed operations within a predetermined area, a longer 

time frame for flight in daylight or night VFR conditions is reasonable. 

Sandis believes that an exemption from 14 CFR §91.15 l(a) falls within the scope of 

pri01· exemptions. See Exemption I 0673 (allowing Lockheed Martin Corporation to operate 

without compliance with FAR 91.151 (a)). Operating the small sUAS, in a tightly 

controlled area where only people and property owners or official representatives who have 

signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender 

the type of risks that Section 91.15 l(a) was intended to alleviate given the size and speed of 

the small UAS. Additionally, limiting sUAS flights to I 0 minutes would greatly reduce the 

utility for which the exemption will be granted. 

An equivalent level of safety can be achieved by limiting flights to 30 minutes, or 

enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% 

of battery power (as determined by the onboard monitoring system and the Pilot). whichever 

happens first. This restriction would be more than adequate to return the sUAS to its planned 

landing zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808. 

14 CFR 91.405 (a); 407 (a)(l); 409 (a)(2); 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 between required inspections. 

except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed 

in part 43 of this chapter ... ;' and others shall inspect or maintain the aircraft in compliance 

v,,ith Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to Sandis. Ma intenance will be accomplished by the 

operator pursuant to the flight manual and operating handbook. An equivalent level of safety 

will be achieved because these small sUAS are very limited in size and will carry a small 

payload and operate only in restricted areas for limited periods of time. If mechanical issues 

arise the sUAS can land immediately and \Viii be operating fl·om no higher than 400 feet 

AGL. As provided in the Manual, the Pilot will ensure that the sUAS is in working order 

prior to initiating fl ight, perform required maintenance, and keep a log of any maintenance 

performed. Moreover, the Pilot 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. 

1700 S. Winchester Blvd., #200, Campbell, CA 950081 P. 407.636.0900 I F. 408.636.0999 

Silicon Valley SF /East Bay Central Valley Tri-Valley Sacramento 
QSANDIS I 

V. SUMMARY 

CI VIL ENGINEERS 

SURVEYORS 

P L ANNERS 

Pursuant to 14 C.F.R. Part II. the fo llowing summary is provided fo r publication in 

the Federa l Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 C.F.R. §21 , subpart H; 

14 C.F.R 45.23(b);14 C.F.R. §§ 6 1.11 3( a) & (b);9 1.7 (a); 9 1.9 (b) (2);9 1. 103(b);91.109; 

9 1.11 9; 91.121; 91. 15 1(a);91.203(a) and (b); 9 1.405 (a); 9 1.407 (a) (I); 9 1.409 (a) (2); 

9 1.409 (a) (2) and 91.4 17 (a) & (b) to operate commercially a small unmanned vehicle 

(551bs or less) in construction operations. 

Approval of exemptions a llowing commercial operations o[ sUAS in the areal 

photography, surveying and construction industry enhances safety while reducing risk. 

Manned a ircraft monitoring and surveying creates a greater risk because the craft are much 

larger, have combustible fue l, and carry an onboard human pilot. In contrast, a sUAS 

weighing fewer than 10 lbs. and powered by batteries e liminates virtually a ll of that risk 

given the reduced mass and lack of combustibl e fuel can·ied on board. The sUAS will carry 

no passengers or crew and, therefore, wil l not expose them to the risks assoc iated with 

manned aircraft flights. 

The operation of small sUAS, we ighing less than 10 lbs., conducted in the strict 

conditions outlined above, wi ll provide an equivalent leve l of safety supporting the grant of 

the exemptions requested herein, including exempting the applicant from the requirements 

of Part 2 1 and allowing commercia l operations. These lightwe ight a ircraft operate at slow 

speeds, c lose to the ground. and in a sterile environment and. as a result. are far safer than 

conventiona l operations conducted with turbine he licopters operating in close proximity to 

the ground and people. 

VI. PRIVACY 

All flights will occur over private or controlled access property with the property 

owner's prior consent and knowledge. Images taken will be of ind ividua ls who have also 

consented to being filmed or otherwise have agreed to be in the area where aerial 

photography will take place. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012--size, 

weight, speed, operating capabi lities. controlled operating environment and operation within 

visual line of sight and national security - provide more than adequate justification for the 

grant of the requested exemptions a llowing commercia l operation o f applicant's sUAS in the 

aeria l photography, surveying and construction inspection and monitoring industry. 

1700 S. Winchester Blvd., #200, Campbell, CA 950081 P. 407.636.0900 I F. 408.636.0999 

Silicon Valley SF/East Bay Central Valley Tri-Valley Sacramento 
' 

Q SANDIS j 

CIVIL ENGINEERS 

SUR VE YORS 

PLANNERS 

Sincerely, 

Ken Olcott, P.E. 

President I LEED AP I QSDIP 

1700 S. Winchester Blvd., #200, Campbell, CA 950081 P. 407.636.0900 I F. 408.636.0999 

Silicon Valley SF/East Bay Central Valley Tri-Valley Sacramento