1700 Westlake Avenue North, Suite 200

Seattle, Washington 98109-6212 Fax 206.328.5581 Tel 206.324.9530 September 1, 2015 U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W12- 140 1200 New Jersey Ave. SE Washington, DC 20590 **Re: Exemption Request**  **Section 333 of FAA Reform Act** Dear Sir/Madam : Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, Hart Crowser, Inc. (Hart Crowser), operating a small Unmanned Aircraft System (sUAS) seeks an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA) and under the conditions outlined herein or as may be established by the FAA as required by Section 333. 

## Summary The requested exemption would permit Hart Crowser to provide services to consumers interested in aerial data capture using a sUAS in the following areas:

 Aerial Land Surveying and Mapping  Construction Monitoring and Inspection  Environmental Surveying  Photography and Videography of jobsites Hart Crowser states that all sUAS flights that will occur over private or controlled access property and will do so with the property owner's prior consent. Operations under the exemption will be subject to strict 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. Regulations from which the exemption is requested:

 14 C.F.R. 61.113(a) and (b)  14 C.F.R. 91.9 (b) (2)  14 C.F.R. 91.109  14 C.F.R. 91.119  14 C.F.R. 91.121U.S. Department of Transportation Docket Operations

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 14 C.F.R. 91.151(a)  14 C.F.R. 91.203 (a) & (b)  14 C.F.R. 91.205 (b)  14 C.F.R. 91.215  14 C.F.R. (91.401 - 91.417) Hart Crowser is comprised of licensed professional engineers, professional geologists, certified engineering geologists, private pilots, and software specialists trained in working in the civil and geotechnical engineering, surveying, environmental, and construction fields. We seek an exemption from several interrelated provisions to the extent necessary to engage in commercial operations of sUAS on our clients' property. We have detailed, below, a set of safeguards that will apply to our sUAS operations as well as a copy of the Aircraft Flight Manual. Our operations will not "create a hazard to users of the national airspace system or the public or pose a threat to national security" and are thus consistent with the congressional mandate i n Section 333 of the FAA Modernization and Reform Act of 2012, which gives FAA a mechanism to allow certain UAS to operate safely in the national airspace system. We request relief to the extent necessary for typical SUAS operations, in line with what the FAA has granted recently for similar requests. Other petitioners, as well as the FAA's responses, have explained the reasons why granting an exemption to the sections listed above would not adversely affect safety. 

## Operations Hart Crowser requests to perfo rm the following types of operations:  Environmental Assessment: Hart Crowser will use SUAS for data collection, photography and videography on parcels of land and improvements as part of our environmental services for transactional screenings (Phase I/II s ite investigations), regulatory compliance, permitting, monitoring, and remediation projects.  Field reconnaissance in hazardous locations that are unsafe to access by foot; such as dangerous historical coal mine surface expressions.  Geotechnical and Geologic Assessment: Hart Crowser will use SUAS for data collection, photography and videography on parcels of land and improvements as part of our evaluation of geologic hazards (landslides, subsidence, rock fall, debris flow), mapping of geologic features, and site reconnaissance.  Construction Monitoring: Hart Crowser will use SUAS for data collection, photography and videography as part of our construction observation and site assessment services for construction projects.  In addition, Hart Crowser will conduct flights for training, evaluating systems and pilots, and maintaining pilot proficiency.U.S. Department of Transportation Docket Operations

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## sUAS We are petitioning for exemption to enable Hart Crowser to operate a DJI Phantom 2, DJI Phantom 3, and eBee senseFly. These sUAS all weigh less than 15 lbs, have a built-in capability to limit the height (400 feet AGL) it flies above the ground, to limit the radius of the distance it flies from the operator (Visual Line of Sight or 2000 horizontal feet) and to exclude it from Class B, C and D airspace including a no fly zone feature. Each system also has the failsafe function of the autopilot system, which means when the communication between the Main Controller and the transmitter is lost, the system will automatically trigger Return to Home and will land in a safe manner. The above specifications meet standards listed below, some derived in accordance with the Model Aircraft Operating Standards:  The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas within the sterile area described in the operator’s manual. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public."  When flying sUAV within 5 miles of an airport, Hart Crowser shall submit a Plan of Activities to the local Flight Standards District Office (FSDO) at least 3 days before the planned flight in accordance with FAA guidelines.  Maximum flight time for each operational flight will be 5 0 minutes.  Flights will be terminated at 20% battery power reserve should that occur prior to the 50 minute limit.  The sUAS will be programmed so that it will not be operated at an altitude greater than 400 feet AGL.  Minimum crew for each operation will co nsist of the sUAS Pilot and the Visual Observer.  The sUAS will operate during daylight hours only.  The sUAS Pilot will be the Pilot in Command (PIC) and will be trained in flight operations, Visual Flight Rules (VFR), and safety procedures.  The sUAS operated by the petitioner weighs less than 15 pounds, including the payload (i.e. camera, lens, and Gimbal) utilizing FCC compliant devices and frequencies (5 GHz, 2.5 GHz, and 915 MHz).  The sUAS will operate at speeds of no more than 45 knots.  Given the small size of the sUAS and the restricted environment within which they will operate, our sUAS operations adhere to the Reform Act's safety requirements. 

## Flight Operations **Operator Requirements** The SUAS Pilot in Charge (PIC) will have specialized training in the SUAS operation. The PIC and Visual Observer (VO) will meet the requirements outlined in FAA Policy N 8900.227 Section 16 PersonnelU.S. Department of Transportation Docket Operations

September 1, 2015 Page 4 Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part of their initial training. Due to the simplicity of the system, we do not anticipate the need for a supplemental pilot in the field. Each pilot will hold either a medical certificate or a valid driver's license. Pilots will train with the aircraft and demonstrate proficiency before flying on job sites. 

### Flight Limits Operators should abide by all state, federal and regulatory agencies requirements for flight. In general, a sUAS should not be operated in wind speeds greater than 10 m/s, or in snow, rain, low cloud cover, and fog. It is also recommended to avoid all metal structures, power lines, and transmission towers that may interfere with the sUAS compass and GPS. 

### No**- Fly**  **Zones** It is the operator’s responsibility to fly safely and abide by all state, federal and regulatory agencies requirements. A flight log is required to maintain safe flight operations. An important part of documenting the flight log is verifying the area is not within a no-fly zone. Several resources exist online detailing the locations of no-fly zones. The following example provides no-fly zones for the area surrounding Seattle, Washington, provided by http://flysafe.dji.com/no-fly. It should be noted the use of sUAS inside National Parks is prohibited and may not be reflected on the above listed no-fly zone maps, as well as other state, and federal facilities

Several manufacturers utilize onboard GPS restricting flight in no-fly zones. The flight controller has the ability to disable take-off, reduce altitude, and automatically land in some situations. With the use of a ground station, warnings and restrictions will be displayed on the screen.U.S. Department of Transportation Docket Operations

September 1, 2015 Page 5 When researching no-fly zones, refer to the following websites:

 http://flysafe.dji.com/no-fly  https://www .mapbox.com/drone/no-fly/  http://tfr.faa.gov/tfr2/list.html (FAA temporary flight restriction areas)  http://flightaware.com/live/ (Live air traffic, weather, and temporary flight restriction areas) 

### sUAS **Checklist** The following safety instructions and checklists are intended to not only protect the sUAS but also people and property. Improper operation can cause serious injury and property damage. Proper training, guidance, maintenance, and following pre-flight checklist procedures can reduce these risks, and provide equivalent level of safety to manned aircraft operations. The pre-flight checklist and flight log must be performed and is required prior to each mission. 

### Pre**- Flight**  **Checklist**  Equipment  Visually inspect the airframe  Loose or damaged screws  Loose or damaged wiring and connections  Batteries charged, properly installed and secure  Propellers are tight and in good condition  Remote control batteries charged  Camera battery, SD card, secure  Pre- Flight  Notify personnel of flight operations  Position sUAS in a safe, level location for takeoff  Verify remote controls move freely  Set remote control modes  Turn on remote control  Turn on sUAS  Calibrate compass  Turn on Ground Station app and connect to sUAS  Verify GPS status and correct LED indicators  Arm sUAS motors  Takeoff and hover between 3 to 5 feet  Start timer for flight time  Test remote control movements (forward, backward, up, down, left, right)  Begin missionU.S. Department of Transportation Docket Operations

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### Safety Use of SUAS devices in the course of our services as described will improve workers' safety, reducing the need for workers to visit difficult, elevated, or contaminated locations. Additionally our proposed SUAS use will benefit the public by helping our clients operate safe construction sites, build and maintain safe structures, and protect the environment. The operations described above will typically occur in locations with restricted, controlled and/or managed access, such as undeveloped parcels, construction sites, and privately owned property. Hart Crowser will manage exposure by establishing a 500-foot protection zone where nonparticipating persons will be protected by barrier or structure. Hart Crowser has worked in the environmental an d construction industries for decades and has a strong safety culture. Planning and executing safe work, using and inspecting appropriate safety equipment, maintaining situational awareness, and stopping work when safety is in question are all part of our everyday activities. Hart Crowser will inspect, maintain, and operate all aircraft in accordance with manufacturers' manuals and checklists. This will include a preflight inspection to ensure that the aircraft is in a condition for safe flight. 

### Flight **Log** Flight logs are important to record training, hours logged, sUAS maintenance schedules, and to provide an added layer of safety to flight operations. It is the responsibility of the pilot to ensure the sUAS is airworthy and capable to operate in a safe manner. An example flight log is attached, and is required prior to any mission. 

## Conclusion Hart Crowser has a high regard to safe operations with an understanding of FARs, pre-flight inspections, maintenance and repair, operations within airspace, as well as being trained to high safety standards. Under the requested exemption Hart Crowser ensures that all operators have conducted a thorough review of sUAS education material concerning the systems to be operated in addition to all applicable regulations an d guidance documents; including aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic sUAS Aerodynamics; Weather factors; Airmanship and Decisio n- making and Safe Operating Procedures.U.S. Department of Transportation Docket Operations

September 1, 2015 Page 7 We respectfully request exemption under Section 333 to enable Hart Crowser to operate safe, low- risk commercial sUAV operations for the activities stated. Sincerely, 

### H**ART** 

### C**ROWSER**

### , **I NC** 

### .
**J EFF**  

### W**AGNER**

### , **PE A** **ARON** 

### P. **W ISHER** 

### , **LG, GISP**  Principal Geotechnical Engineer GIS Technical Lead Attachments: Flight Log Example Appendix A: Exemption Requests Appendix B: Academy Of Model Aeronautics National Model Aircraft Safety Code Appendix C: Academy Of Model Aeronautics “See And Avoid” Guidance Appendix D: Academy Of Model Aeronautics Radio Controlled Model Aircraft Operation Utilizing Failsafe, Stabilization And Autopilot Systems Appendix E: DJI Phantom Pilot Training Guide Appendix F: DJI Pilot Operating Handbook Append ix G: DJI Phantom 3 Advanced User Manual Ver. 1.2 Appendix H: eBee sensefly Extended User Manual Rev. 16 I:\Hart Crowser Exemption.docxSeptember 1, 2015 

## FLIGHT LOG EXAMPLESeptember 1, 2015 

## APPENDIX A **Ex emption R** **equests**September 1, 2015 

## APPENDIX B **Academy Of Model Aeronautics**  **Na tional Model Aircraft Safety Code** September 1, 2015 

## APPENDIX C **Academy Of Model Aeronautics**  **“See And A**

**void” Guidance**September 1, 2015 

## APPENDIX D **Academy Of Model Aeronautics Radio Contr** **olled Model Ai**  **rcraft Opera tion Utilizing F** **ailsafe, Stabiliza** **tion And Autopilot Systems**September 1, 2015 

## APPENDIX E **DJI Phantom Pilot T raining Guide** September 1, 2015 

## APPENDIX F **DJI Pilot Oper ating Handbook** September 1, 2015 

## APPENDIX G **DJI Phantom 3 Advanced User Manual V**  **er . 1.2** September 1, 2015 

## APPENDIX H **eBee sensefl y Extended User Manual R** **ev . 16**