December 16 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue, SE Washington, DC

SUBJECT: Peti tion of George Butler Associates (GBA) for Grant of Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act

of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act) and 14 C.F.R. Part 11, George Butler Assoc iates hereby applies for an exemption from the Federal Aviation Regulations (FARs) identified below, to operate small unmanned aerial vehicles (i.e., small unmanned aircraft systems or UAS or UA )

for aerial data collection . GBA is a multi

- discipline, full service engineering firm. GBA plans to use the sUAS for aerial inspections, documentation, engineering evaluation, surveying, mapping, photography, video and other engineering applications.

GBA’s purpose for obtaining exemption is not unique. The fo llowing exemptions were granted for similar or exactly the same purpose:

Petitioner Exemption

Number Purpose

Olsson

Associates 11626 Olsson plans to use the sUAS for aerial inspection and documentation services for its projects located across the United States. The services include aerial surveys and mapping, inspections and obtaining still photographs, video and other data

collected via onboard sensors. Aerologi c 11370 To conduct aerial survey to produce imagery and terrain modeling products useful in applications ranging from civil engineering, land and water resources

managemen t, environmental research, disaster response, agriculture, and many other useful applications

. Clayco, Inc. 11109 For aerial imaging for safety and monitoring of secured and

controlled environment construction sites.

Wohnrade

Civil Engineers 11835 To conduct site reconnaissance for public and private civil construction projects, including bridge inspections and aerial photography and videography. Ocelleye,

LLC 12877 To conduct aerial photography and video capture for the architectural engineering and construction (AEC) industry.

GBA seeks exemption from the Federal Aviation Reg ulations (FARs) listed below to allow the operation of several different small Unmanned Aircraft Systems (collectively, sUAS). In the exemptions granted above and exemption 11062, 11109, 11112, 11213, and 12645, the FAA determined that the safety and publ ic benefits of using sUAS for commercial surveying, mapping, project documentation, inspection and other engineering service were equal to or exceed the platforms available through traditional means. In addition, use of for inspections of structures can b e safelyUS Department of Transportation December 16, 2015

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GBA Request for Section 333 Exemption performed without endangering the inspector or inhibiting local industrial or public operations with ladders, lifts or other equipment. GBA petitions and requests a similar finding and exemption. GBAs request for aircraft to operate is not unique. The following table contains the aircraft GBA intends to operate and a reference to other users who were approved for operation of that UAS.

Aircraft Exemption Numbers

DJI Phantom 3 12593A, 13918 , 13918 , 13976, 13978

DJI S1000 11062A , 13562, 13918, 11156A, 11158A DJI Inspire 11062A, 13562, 12593A, 13918, 11394 ,13969

DJI Phantom 2 11406, 11398, 11394, 11224 , 11228, 13969

DJI S 800 12593A, 11252, 11225, 11253, 11426 SenseFly ebee 11263A, 11167, 11193, 11273, 11266 SenseFly Exom 11263A, 12106

Trimble UX5 11110A, 11257, 11329, 11432, 12231

3D Robotics Solo 13987, 12146, 11309, 11204, 12204

Altavian Nova

F6500 11472, 11292, 11291, 11351, 11415

GBA intends to use: DJI Phantom 3, DJI S1000, DJI Inspire, DJI Phantom 2, DJI S800, SenseFly ebee , SenseFly Exom, 3DR or 3D Robotics Solo, and the Altavian Nova F6500. Operation manuals and materials for these aircraft are already entered in the public record in the exemption material above. Operations pursuant to the exemption will be subject to st rict operating requirements and conditions to ensure at least an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333. The sUAS have extensive auto mated control features, redundant systems, and integrated fail

- safes, and will be operated under controlled conditions and at low altitudes in airspace that is limited in scope. The name and address of the applicant is:

GBA Architects Engineers

Attn: Ed Young

9801 Renner Blvd.

Lenexa, KS 66219 (913)577

- 8434

Email: eyoung@gbateam.comUS Department of Transportation December 16, 2015

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GBA Request for Section 333 Exemption Regulations from which the exemption is requested:

14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a) 14 CFR 91.9 (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 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following: • The UAS’s size, weight, speed, and operationa l capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator. Reform Act § 333 (a). If the Secretary determines that such vehicles “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.” Id. §333(c) (emphasis added)

. The Federal Aviation Act expressly grants the FAA the authority to issue exemption s. This statutory authority by its terms includes exempting civil aircraft, as the term is

defined under §40101 of the Act, that includes UASs, from the requirement that all

civil aircraft must have a current airworthiness certificate. GBA Engineers inter prets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the conditions s et forth herein do not fulfill the statutory requirements for approval. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Admi nistrator 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).

GBA intends to use a number of UAS (DJI Phantom 3, DJI S1000, DJI Inspire, DJI Phantom 2, DJI S800, SenseFly ebee, SenseFly Exom, 3DR or 3D Robotics Solo, and the Altavian Nova F6500) that have been vetted by the FAA under the exemptions sited above for size, weight, speed, and operational capacity. After reviewing theseUS Department of Transportation December 16, 2015

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GBA Request for Section 333 Exemption aircraft, the FAA issued the exemptions cited a bove. All UAS will be operate d only in line of sight of the pilot and will operate only within the project area. Such operations will insure that the UAS will not create a hazard to users of the national airspace system or the public. Given the small size of the UAS involved and the restricted environment within which it will operate, GBA falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UAS and the restricted areas in which the relevant UAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authorit y 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, reduction in environmental impacts, including reduced emissions a ssociated with allowing UASs for inspection and survey operations, the grant of the requested exemptions is in the public interest. Accordingly, GBA respectfully requests that the FAA grant the requested exemption without delay. Aircraft and equivalent Lev el of Safety

GBA Engineers proposes 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 safet y to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe photography and surveying operations

conducted with conventional aircraft.

These limitations and conditions to which G BA agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1. Operations authorized by this grant of exemption are limited to DJI Phantom 3, DJI S1000, DJI Inspire, DJI Phantom 2, DJI S800, SenseFly ebee, SenseFly

Exom, 3DR or 3D Robotics Solo, and the Altavian Nova F6500 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed

- se t motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must b e reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued

airma n medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long a s the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannotUS Department of Transportation December 16, 2015

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GBA Request for Section 333 Exemption transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between th e conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operati ng documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator m ust also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS−80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that a ffect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC w ith a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to en sure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g., i noperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condit ion for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft

components.

12. Each UAS operated under this exemption must comply with all manufac turer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also

hold a current FAA airman medical certificate or a valid U.S. driver’s lic ense issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pi lot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UASUS Department of Transportation December 16, 2015

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GBA Request for Section 333 Exemption will be operated under this exemption, including evasive and emergency

maneuvers and m aintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (tra ining, proficiency, and experience

building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operat ions may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate d istance from nonparticipants in accordance with 14 CFR §

91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flig ht rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted

on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the

PIC.

18. For tet hered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning at 150 feet

above the surface of the earth and visible from at least one mile. This requirement for pennants or streamers is not applicable when operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting of the structure.

19. If the UAS loses communications or loses its GPS signal, the UA must return

to a pre

- determined location within the private or controlled

- access property.

20. The PIC must abort the flight in the event of unpredicted obstacles or

emerge ncies.

21. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather cond itions) there is enough available power for the UA to conduct the 6 intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by t he manufacturer if greater.

22. Air Traffic Organization (ATO) Certificate of Wai ver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the enclosed

COA.

23. Al l aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.US Department of Transportation December 16, 2015

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GBA Request for Section 333 Exemption 24. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operati ng. These documents must be made available to the Administrator or any law enforce ment official upon request.

25. The UA must remain clear and give way to all manned aviation operations a nd

activities at all times.

26. The UAS may not be operated by the PIC from an y moving device or vehicle.

27. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety as sessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating pe rsons under this exemption.

28. All operations shall b e conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for eac h flight to be conducted.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS−80) within 24

hou rs. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 

### Description of Specific Regulations:

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a )(1) 91.7(a) Inasmuch as there will be no airworthiness certificate issued for the UAS, GBA seeks an exemption from 14 CFR Park 21, Subpart H, 14 C.F.R. § 91.7(a) and §91.203(a) , which requires that a civil aircraft be in an airworthy condition to be operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has determined that for the purposes of this exemption the pilot may determine

the aircraft i s in an airworthy condition prior to flight. The operating documents contain procedures which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is therefore warranted.

14 C.F.R. 45.23(b) an d 45.27(a) and / o r 91.9(c) : Marking of the Aircraft This regulation requires certain experimental, provisionally certificated aircraft, or light sport category aircraft to be marked with letters between 2 inches and 6 inches high "limited," “restricted," "light

- sport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilo t station on which the word Experimental" can beUS Department of Transportation December 16, 2015

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GBA Request for Section 333 Exemption placed. Given the size of the UAS, two

- inch lettering will be impossible. All GBA aircraft shall be mark in accordance with registration requirements. In prior grants of exemption under Section 333 of the R eform Act, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable.” 8 All UAS flown by GBA will bear identification markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.9

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

command In the Grant of Exemption No. 11062 to Astraeus Aer ial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a

Commercial Pilot Certificate and Class II Medical Certif icate. The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved. More recently, the FAA determined that holders of recreat ional and sport pilot certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by the Department of Homeland Security (DHS), the FAA determined that hold ers of recreational and sport pilot certificates would be qualified to serve as the PIC for UAS operations. The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial and other operat ors in more recently granted exemptions under Section 333 of the FAA Reform Act. GBA will operate away from persons and property that is not the subject matter of the flight. GBA will also require all PICs to be thoroughly trained in the unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience not only in UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of GBA. The pilot qualification, training, and currency requirements in the operating documents ensure that GBA’s pilots are competent and proficient in the UAS they are operating. The Petitioner’s training and qualification requirements are consistent with those contained in prior FAA

- issued grants of exemption, and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety.

14 C.F.R. 91.7 (a): Civil aircraft airworthin ess 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 Manual for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements The UAS, given its size and configuration has 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 capacity to carry such an item on the aircraft.US Department of Transportation December 16, 2015

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GBA Request for Section 333 Exemption The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it.

The FAA has issued the following exemptions to this r egulation: Exemption Nos.

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and

10700.

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 flig ht. An exemption is needed from this requirement as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all

other actions in the Prefli ght Checklist in the UAS Manual. These actions will provide an equivalent level of safety.

14 C.F.R. 91.109: Flight Instruction Section 91.103 provides that no person may operate a civil aircraft (except a manned

free balloon) that is being used for fligh t instruction unless that aircraft has fully functioning dual controls.

By design, UASs and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control box that

communicates with the ai rcraft via radio communications. The FAA has previously approved exemptions for aircraft without fully functional dual controls. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will b e carried in the aircraft, the ability to control the UAS via radio signals from the controller, and by the size and speed of the aircraft.

14 C.F. R. 91.119: Minimum Safe Altitudes GBA requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. See 14 C.F.R. §

91.119 (c). An exemption is required because the proposed UAS operations will normally need to occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC and/or Observers may need to be less than 500 feet away from the UAS. Comp ared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UAS, any risk associated with these operations is far less than those that presently exist

with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations

will be restricted to below 400 feet AGL. As set forth in the operating documents, the UAS will be operated in a controlled environment, and all flights will occur at a lateral distance of at least 500 feet from nonparticipating persons, unless that person is in a position wher e he or she is shielded from the UAS and any possible debris resulting from UAS failure. Procedures will be in place to ensure flight operations can be safely terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Fu rther, UAS operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects, and operationsUS Department of Transportation December 16, 2015

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GBA Request for Section 333 Exemption near t he PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in GBA’s operating documents will ensure the proposed operations can be conducted without compromising safety to persons or property on the ground.

14 C.F .R. 91.121: Altimeter Settings To the extent necessary for GBA to conduct the proposed operations, Petitioner requests an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by refe rence to an altimeter that is set to the elevation of the departure airport or barometric pressure. The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for t he PIC to confirm accuracy of the onboard GPS. The UAS that Petitioner intends to use for performing the proposed operations meet all these operational characteristics. Moreover, the operating documents require the PIC to calibrate the aircraft’s GPS compa ss prior to each flight operation. As the FAA has determined in circumstances similar to this Petition for Exemption, Petitioner’s UAS and the safety mitigation procedures contained in the operating documents, ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions GBA requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruisi ng speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted wh ile still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions in circumstances similar to those presented i n this Petition for Exemption. In Exemption No. 11213 to Aeryon Labs, Inc.19, the FAA determined that a requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and forecast weather c onditions) there was enough available power for UAS to operate for the intended operational time and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater, would ensure an equivalent level of s afety to the fuel requirements of § 91.151(a). Petitioner’s operating documents impose this same requirement and an exemption from § 91.151(a)’s fuel requirements for flight in VFR conditions is therefore appropriate.

14 CFR 91.203 (a) & (b): Carrying civ il aircraft certification and registration The regulation provides in part: (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...US Department of Transportation December 16, 2015

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GBA Request for Section 333 Exemption (b) No p erson 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 cr ew.

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. Therefore there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be ach ieved by keeping these documents at the ground flight control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation.

14 CFR 91.405 (a); 407 (a)(1); 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 p rovided 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 with Part 43. Given these sections and Part 43 apply only to aircraft with a n airworthiness certificate these sections will not apply to GBA . Maintenance 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 UASs are very limite d in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues 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 condit ion to provide the equivalent level of safety.

******** Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: GBA Engineers 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. §§ 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) (2) and 91.417 (a) & (b) for aerial inspections, documentation, engineering evaluation, surveying, mapping, photography, video and other engineering applications

.

Approval of exemptions allowing commercial operations of UASs for aerial inspe ctions, documentation, engineering evaluation, surveying, mapping, photography, video and other engineering applications enhances safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.US Department of Transportation December 16, 2015

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GBA Request for Section 333 Exemption The operation of sm all UASs, weighting 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 GBA 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 helicopters operating in close proximity to the ground and people.

Privacy All flig hts will occur over private or controlled access property with the property owner's prior consent and knowledge. Images taken will be of individuals 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 of 2012

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

— prov ide more than adequate justification for the grant of the requested exemptions allowing commercial operation of GBA’s UASs in engineering industry pursuant to the UAS Manual.

Specific Examples of Potential UAS use by GBA : GBA intends to:

· Inspect existin g inaccessible or difficult to access structures such as tops of river cells, sides of bridges, industrial rooftops, high mast lights and smoke stacks. This would save time and money and public inconveniences by negating the need to mobilize large lift equ ipment or close roads during bridge or public building inspections.

· Develop 3D models from imagery collected during flight. Using software to turn photographs into scalable 3D models minimizes the need for tape measures and other ‘hands on’ surveying too ls which can inhibit industrial and public operations as well as

be a safety issue to the employee and public.

· Develop land surveys quickly and inexpensively compared to conventional methods. Aerial surveys can be conducted on small areas with the UAS n egating the need for large conventional aircraft and other conventional surveying devices which may inhibit industrial or public operations.

· Enhanced public awareness. Many of GBA projects involve public places such as bridges, biking/hiking trails, wast e water plants , etc. The ability to use up to date aerial photography will enable the client and the public to better understand the project.

Sincerely,

GEORGE BUTLER ASSOCIATES, INC.

C. Edward Young, Esq. Associate, Aviation Market Leader