### December 11, 2014 Surveying And Mapping, LLC 4801 SouthwestParkway, BuildingTwo, Suite 100,Austin, TX 78735 Ofc 512.447.0575 Fax 512.326.3029 info@sam.biz www.sam.biz TX Firm tt



### U.S.Department ofTransportation DocketManagement System 1200 NewJerseyAve., SE Washington, DC 20590
RE: Exemption Request- Section 333 oftheFAAReform Act andPart 11 oftheFederal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFRPart21; 14 CFR 61.113 (a) & 

### (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & 

### (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (1) & 

### (2); 91.417 (a) & 

### (b).
Dear SirorMadam:
Pursuantto Section 333 oftheFAA Modernization and Reform Act of2012, Pub. L.

### No. 112-95, 126 Stat. 11 (amending 49 U.S.C.) (hereinafter, the "Reform Act") and 14 C.F.R. Part 11, Surveying And Mapping, LLC ("SAM"), developer and operator of small unmanned aircraft systems (singularly a "sUAS" or cumulatively "sUASs") equippedto conduct professional aerial land surveying and geospatial services, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be establishedbythe FAA as required by Section 333 oftheReform Act.
As described more fully below, the requested exemption would permit the operation of small, unmanned sUAS under controlled conditions in airspace that (i) is limited, (ii) is predetermined, (iii) is controlled as to access, and (iv) would provide safety enhancements to the already safe operations in the mapping and surveying industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's responsibilities to "

... establish requirements for the safe operation of such aircraft systems inthe national airspace system."ReformAct§ 

### 333 (c).
The name and address ofthe applicant ("Applicant") is: SurveyingAnd Mapping, LLC Attention: Pat Smith 4801 SouthwestParkway Bldg. Two, Suite 100 Austin, TX78735 Telephone: (214) 616-3976 Email: psmith@sam.bizTheApplicantherebyrequests exemption from the following FARs:
14 CFRPart21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR91.151 (a) 14 CFR91.203 (a) & (b) 14 CFR91.405 (a) 14 CFR407 (a) (1) 14 CFR409 (a) (1) & (2) 14 CFR417 (a) & (b)
This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems ("UAS") may operate safely in the national airspace system ("NAS") before completion oftherulemaking requiredunder Section 332 ofthe Reform Act. In making this determination, the Secretary of Transportation is required to determine which types ofunmanned aircraft systems do not create a hazard to users ofthe NAS orthepublic orpose a threatto national securityin light of(i) theUAS's size, weight, speed, and operational capability, (ii) operation ofthe UAS in close proximity to airports and populated areas, and (iii) operation oftheUAS withinvisual line ofsight ofthe operator. Id. § 333 (b) (1). Lastly, ifthe Secretary ofTransportation determines that such vehicles "may operate safely in the national airspace system, the Secretary ofTransportation shall establish requirements for the safe operation ofsuch aircraftinthenational airspace system."!d. § 333 (c) (underline added). 1
The Federal Aviation Act, 49 U.S.C. (the "Act") expressly grants the FAAthe authorityto issue exemptions. This statutory authoritybyits terms includes exempting "civil aircraft," as theterm is defined under §40102 of the Act that includes sUASs from the requirement that all civil aircraftmusthave a currentairworthiness certificate.
The FAA Administrator may grant an exemption from a requirement ofa regulation prescribed under the Act ifthe Administrator finds the exemption in the public interest. 49 U.S.C. § 44701 (f). See also 49 USC §44711 (a); 49 USC §44704; 14 CFR § 91.203 (a) (1).
SAM's sUASs are rotorcraft, weighing 55 or fewer lbs. including payload. They will operate, under normal conditions, at a speed ofno more than 50 knots and SAM will not operate their sUAS in known or forecast winds greaterthan 35 knots. Theywill operate only in line ofsight and will operate only within the airspace above property owned, leased, or otherwise controlled bySAMorits customers withpermission from said customerspriorto anyoperation ofsUAS as

1The Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under Section 333 oftheReform Act, but for theAdministratorto craft conditions for the safe operation ofthe UAS, ifit should be determinedthatthe conditions setforth herein do not fulfill the statutory requirements for approval.described in the Safety Checklist, attached as Exhibit A (hereinafter, the Safety Checklist")? Such operations will ensure that the sUASs will, "not create a hazard to users ofthe national airspace system orthe public."ReformAct§ 333 (b).
Given the small size ofthe sUASs involved and the non-public environments within which they will operate, the Applicant falls squarelywithin thatzone ofsafety (an equivalent level ofsafety) in which Congress envisionedthatthe FAAmust, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size ofthe sUASs and the restricted areas in which the relevant sUASs will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UAS for surveying and mapping operations, the grant of the requested exemption is in the public interest. Accordingly, the Applicantrespectfullyrequests thatthe FAA granttherequested exemptionwithoutdelay.
The Applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for 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 mapping and surveying operations conductedwith conventional aircraft.
These limitations and conditions to which SAM agrees to be bound when conducting commercial operations under an FAA issued exemption include:
1. Each sUAS will weigh less than 55 lbs.
2. Flights will be operated within line ofsight ofapilot and/or observer.
3. Maximum total flight time for each operational flight will be determinate on battery capacity. Current battery technology for the sUAS allows for a 20 minute operations. Should battery technology increase operational flight times, flights will be terminated at 20% battery power reserve. Future battery technology will likely increase operational flight times, and as such, the maximum flight timewill continueto increase. However, in any event, all operational flights will beterminated at 20% ofcapacityremaining.
4. Flights willbe operated at an altitude ofno more than400 feetAGLunless prior approval from Air Traffic Control is authorized and a Notice to Airmen (NOTAM) is filed and published.
5. Minimum crew for each operationwill consist ofthe sUAS pilot and avisual observer.
6. The sUAS pilot will be an FAA licensed airman with at least a private pilot's certificate and Class II airman medical certificate. The observer will hold at least a Class II airman medical certificate.

2Applicant submits this Safety Checklist as a confidential document under 14 C.F.R. 11.35 (b) as the entire safety checklist contains proprietary information that the Applicant has not and will not share with others. The safety checklist contains operatingconditions andproceduresthat arenot available to thepublic and are protectedfrom releaseundertheFreedomofInformationAct, 5U.S.C. 552 etseq.7. The sUAS pilotwill be Pilot in Command ("PIC"). Ifa pilot certificate holderotherthan the sUAS pilot, who possesses the necessary PIC qualifications, is also present during operationsthatperson can also be designated as PIC.
8. The sUASs will only operate over property owned by, leased or otherwise controlled by SAM with permission from the relevant property holders and not over publicly occupied property as setforth inthe SafetyChecklist.
9. A briefing between the sUAS pilot and observer will be conducted in regard to the planned sUAS operationspriorto each day's operations.
10. The Applicant will file a FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption, withthe appropriateFlight StandardsDistrictOffice ("FSDO").
11. The Applicant will submit a written Plan ofActivities to the FSDO three days before the proposed operations as required in SafetyChecklist.
12. The sUAS pilot and observerwill have been trained in operation ofsUASs generally and received up-to-date information on the particular sUAS to be operated as required in SafetyChecklist.
13. The sUAS pilot and observer will at all times be able to communicate by voice and/or text.
14. Written and/or oralpermission from the relevantpropertyholders will be obtained.
15. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.
16. If the sUASs lose communications or lose their GPS signal, the sUASs will have capabilityto return to and land at apre-determined and pre-programmed location.
17. The sUASs will have the capability to abort a flight in case ofunpredicted obstacles or emergencies.
I. 14 C.F.R. Part21, SubpartH: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness 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 Part21 SubpartH meetsthe requirements ofan equivalent level ofsafetyunderPart 11 and Section 333 ofthe Reform Act. Section 44701 (t) oftheAct and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas of the patiicular sUAS. In all cases, an analysis of these criteria demonstrates that the sUASs operated without an airworthiness certificate, in the restricted environment and under the conditions proposed herein will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withouttherestrictions andconditionsproposed.

### The sUASsto be operated hereunder are less than 55 lbs. fully loaded, carries neither apilotnor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Safety Checklist. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the Applicant pursuant to the Safety Checklist's requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area ofoperation as is now done with conventional aerial mapping and surveying. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with mapping and surveying operations, provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airwatthiness certificates issued under 14 C.P.R. Part 21, SubpartH. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inabilityto carry a substantial external load.
II. 14 C.F.R. §45.23 (b). Marking ofthe Aircraft


### This regulation requires:
"When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operatormust also display on that aircraft neareach entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable."
Eventhough the sUASs will have no airworthiness certificate, an exemption may be needed as the sUASs will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the sUASs, two-inch lettering will be impossible. The word "Experimental" will be placed in a visible location on the sUASs as pictured inthe examplebelow.The equivalent level of safety will be provided by having each sUAS marked in the visible location where the sUAS pilot, observer and others working with the sUAS will see the identification ofthe UAS as "Experimental." The FAA has issued the following exemptions to this regulation inExemptionsNos. 10700, 8738, 10167 and 10167A.
In addition, the Applicant shall also ensure its sUASs are registered with the FAA and that the nationality marks relating to such sUASs are marked on the sUASs in a visible manner as pictured in the example below.

Finally, the Applicant shall also ensure its sUASs have a fireproofaircraft data plate located on the sUASs which shall be visible on the ground and does not require the dismantlement ofthe sUASsto be legible in a similarfashion as picturedinthe examplebelow.

III. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in CommandSections 61.113 (a) & (b) limitprivate pilots to non-commercial operations. Because the sUASs will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety ofcurrent operations by requiring the PICs operating the sUASs to have a private pilot's license rather than a commercial pilot's license to operate this sUASs. Unlike a conventional aircraft that carries the pilot and passengers, the sUASs are remotely-controlled with no living thing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Safety Checklist. The level ofsafety provided bythe requirements included in the Safety Checklist exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the sUASs are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe sUASs as requested with a private pilot as the PIC exceeds the present level ofsafety achieved by 14 C.P.R. §61.113 (a) & (b).
IV. 14 C.F.R. §91.7(a): Civil aircraftairworthiness
The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Safety Checklist for maintenance and use ofthe Safety Checklist prior to each flight, an equivalent level of safety will be provided.
V. 14 C.F.R. §91.9 (b) (2): Civil AircraftFlightManual in the Aircraft
Section 91.9 (b) (2) provides:
"Nopersonmayoperate aU.S.-registeredcivil aircraft

... (2) Forwhich an Airplane orRotorcraftFlightManual is notrequiredby §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof."
The sUASs, given their size and configuration have no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacityto carry such an item on the sUASs.
The equivalent level of safety will be maintained by keeping the flight manual at the ground control pointto which the sUASs pilots flying the sUASs will have immediate access. The FAA has issuedthe following exemptionsto this regulation: ExemptionNos. 8607, 8737, 8738, 9299, 9299A,9565,9565B, 10167, 10167A, 10602,32827,and 10700.

VI. 14 C.F.R. § 91.103: Preflight action
This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA-approved rotorcraft flight manuals will not be provided for the aircraftan exemption will be needed. An equivalent level ofsafety will be provided as set forth in the Safety Checklist. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.
VII. 14 C.F.R. § 91.109: Flightinstruction
Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.
sUASs and remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraftviaradio communications. TheFAAhas approved exemptions for flight trainingwithout fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. SeeExemptionNos. 5778K & 9862A. The equivalent level ofsafetyis providedbythe fact that neither a pilotnor passengers will be carried inthe aircraft and by the size and speed of the aircraft.
VIII. 14 C.F.R. § 91.119: Minimum safealtitudes
Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows helicopters, powered parachutes and weight-shift-control aircraft to be operated at less than the minimums prescribed because their low speed and responsive controls allow operations to be conducted, "without hazard to persons or property on the surface

...".As sUAS possess similarflight and control characteristics, and as the exemptionrequests authority to operate at altitudes up to 400 AGL, an exemption maybe needed to allow such operations. As set forth herein, except for the limited conditions stated in the Safety Checklist, the sUASs will never operate at higher than 400 AGL. It will however be operated in a restricted area, 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 ofthe sUASs as well as the locations wherethey are operated. No flight will betaken withoutthe permission of the property owner or local officials. Because ofthe advance notice to the property owner, all affected individuals will be aware ofthe planned flight operations as set forth in the Safety Checklist. Comparedto flight operations with aircraft orrotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, anyrisk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL inthemapping and surveying industry. In addition, the low-altitude operations of the sUASs will ensure separation between these sUAS operations and the operations of conventional aircraftthatmustcomplywith Section91.119.
IX. 14 C.F.R. § 91.121 Altimeter Settings
This regulation requires each person operating an aircraft to maintain crmsmg altitude by reference to an altimeterthat is set"

... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUASs may not have a barometric altimeter, but instead a GPS altitude read out, an exemption maybe needed. An equivalent level ofsafetywill be achieved bythe operator, pursuant to the Safety Checklist, confirming the altitude ofthe launch site shown ontheGPS altitude indicatorbefore flight.
X. 14 C.F.R. § 91.151 (a): Fuel Requirements for Flightin VFR Conditions
Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VPR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed- (1) Duringthe day, to fly afterthat for at least 30 minutes; or (2) Atnight, to fly afterthatfor at least45 minutes."
The current battery technology powering sUASs is much more limited than that ofcombustion powered flight. As such, the Applicant's sUASs can not presently and likely may never will meet the reserve requirement in 14 CPR§ 91.151. Given the limitations on the UAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longertime frame for flight in daylight VPR conditions is reasonable. As no night flight will occur, that portion is inapplicable. Applicant believes that an exemption from 14 CPR § 91.151 (a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the sUASs 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 ofreserve fuel, does not engenderthe type ofrisks that Section 91.151 (a) was intendedto alleviate giventhe size, speed and limited operating area ofthe sUASs. Applicant believesthat an equivalent level ofsafety can be achievedbylimiting flights based on expected battery life, currently 20 minutes, or 20% ofbattery power when future technology expands the battery life

. This restriction would be more than adequate to return the sUASs to theirplanned landingzone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689P, 5745, 10673, and 10808.
XI. 14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration
The regulation provides in pertinentpart: "(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate

... (b) Noperson mayoperate a civil aircraftunless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under§ 91.715 is displayed atthe cabin orcockpit entrance so that itis legibleto passengers orcrew."
The sUASs fully loaded weigh no more than 55 lbs. and are operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents, or to displaythem onthe sUASs.An equivalent level ofsafetywill be achieved bykeepingthese documents atthe ground control point where the sUASs pilots flying the sUASs will have immediate access to**them,~** to the extent they are applicable to the sUASs. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exemptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.
XII. 14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (1) & (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 ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...,"andothers shall inspect ormaintainthe aircraft in compliancewithPart43.
Given thatthese sections and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not apply to the sUASs as proposed to be operated by the Applicant. Maintenance will be accomplished bythe Applicant pursuant to the flight manual and operating handbook as referenced in the Safety Checklist. An equivalent level ofsafety will be achieved because these sUASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise, the sUASs can land immediately and will be operating from no higher than 400 feet AGL. As provided for in the Safety Checklist, the Applicantwill ensurethatthe sUAS is in working orderpriorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the Applicant is person most familiar withthe aircraft and best suitedto maintainthe aircraftin an airworthy conditionto providethe equivalentlevel ofsafety.
SUMMARY
Pursuantto 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should itbe determinedthatpublication is needed: Applicant seeks an exemption from the following rules:
14 C.F.R. § 21, subpart H; 14 C.F.R45.23 (b); 14 C.F.R. §§ 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to operate commercially small unmanned aircraft systems (55 lbs. orless) in mapping and surveying operations. Approval of exemptions allowing commercial operations of sUASs in the mapping and surveying industry will enhance safety by reducing risk. Conventional mapping and surveying operations, usingjet or piston power aircraft, operate at extremely low altitudes and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of4,000 lbs., carrying large amounts of jetA or other fuel. Such aircraft must fly to and from themapping or surveying location. In contrast, a sUASs weighing fewer than 55 lbs. and powered bybatteries eliminates virtually all ofthatrisk given thereduced mass and lack ofcombustible fuel carried on board. The sUASs are carried to the mapping or surveying siteand not flown. The sUASs will carry no passengers or crew and, therefore, cannot and will not exposethem to the risks associatedwithmanned aircraft flights.
The operation ofsUASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the Applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters or other manned aircraft operating in close proximity to the ground and people.

Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act

- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant ofthe requested exemptions allowing commercial operation ofApplicant's sUASs in the mapping and surveying industrypursuantto the SafetyChecklist appended hereto.

Verytruly yours,

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