April 2 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Kentucky Transportation Cabinet Department of Highways 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, the Kentucky Transportation Cabinet (“KYTC”) seeks an exemption from the Federal Aviation Regulations (“FARs”) liste d below to allow operation of unmanned aircraft system s ( UAS ) for surveying , structure inspection and accident reconstruction. The Kentucky Transportation Cabinet anticipates that the majority of the work can be accomplished withi n the “blanket” sub 200 foot COA recently granted to Section 333 civil exemption holders and public UAS test sites. KYTC will apply for a new or amended COA for all flights not allowed under the blanket COA. The Cabinet intends to utilize the proposed unmanned aircraft systems in the following applications : Aerial Mapping and Surveying UAS can provide photography along with horizontal and vertical data to be used on small design projects in non

- populated areas over State property as well as private pro perty with advanced notification and approval

. Construction monitoring An unmanned aircraft can provide detailed and cost effective data collection for roadway construction. Intermediate surveys flown during construction will allow inspectors to find and correct problems early. Accurate as

- built surveys will help ensure Kentucky’s roads are built to specifications. Emergency road repairs The repair of roadways damaged by slides, sinkholes or other events can be expedited by using a rapidly deployable UAV to obtain detailed survey data. Risks to both drivers and KYTC workers are reduced when surveys can be completed more quickly all owing for shorter road closures. Risks to surveyors working near moving traffic are eliminated when a road can be closed for a short period of time while a UAS effectively gathers thousands of survey points. Structure inspectionRisks to climbers are eliminated when visual inspection data can be obtained using a

UAS. A UAS potentially reduces the amount of bridge climbing required.
Accident reconstruction Critical highways could be re

-opened to traffic sooner resulting in fewer secondary accidents and lower user congestion costs if an aerial survey were used to supplement accident reconstruction information gathered by ground personnel. Utilizing a UAS provides a higher level of safety for the pilot and people and property on the ground. Unmanned aircraft weighing a few pounds can accomplish many of the same tasks as a full size aircraf t that weighs thousands of pounds and carries combustible fuel

. A UAS reduces emissions and congestion in the National Air Space (NAS). Utilizing a UAS benefits the p ublic by providing an efficient, safe and cost effective tool for acquiring high resolution aerial imagery. Due to the small size, light weight, slow flying speed and unmanned asp ect of the proposed UAS the Kentucky Transportation Cabinet requests relief from the following sections in 14 C.F.R 14 C.F.R. Part 21, subpart H 14 C.F.R. Part 27 14 C.F.R 45.23 (b) 14 C.F.R. §§ 61.113 (a) & (b) 14 C.F.R. §§ 61.1 33 (a) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 (b) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151 (a) 14 C.F.R. 91.203 (a) and (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 91.407 (a) (1) 14 C.F.R. 91.409 (a) (2) 14 C.F.R. 91.417 (a) & (b)


### 14 CFR Part **21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a)(1)** The characteristics of the proposed UAS operating in a controlled environment provide a greater degree of safety to the public, operators and property owners than conventional operations co nducted with airworthiness certificates issued under this section.

### KYTC will utilize checklists for preflight inspections as well as written procedures

for routine maintenance to ensure that the UAS is in an airworthy condition prior to each flight. The FAA will have advance notice of all operations conducted under this exemption. **14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft** Relief this section is requested for the same reasons as in the exemption request from 14 CFR Part 21, Su bpart H **14 C.F.R. 45.23(b): Marking of the Aircraft** A small UAS cannot meet the marking requirements for a full size aircraft. KYTC will provide markings on the aircraft with the contact information and registered identification “N

- number” . Markings will be as large as practical and visible to the pilot, observer and others working with the UAS. **14 CFR 61.113 (a) & (b) ; 61.133(a)**  **: Private pilot privileges and limitations: Pilot in command**  **; Commercial pilot privileges and limitations** Relief from these s ections is requested to allow an operator with a sport pilot certificate or higher to conduct commercial operations. The skill set required to operate a UAS is significantly different from that of a manned aircraft. KYTC proposes that a higher level of safety and airmanship skills can be obtained with the requirement that the PIC successfully complete UAS flight training as detailed in the operator’s manual in addition to a current sport pilot certificate or higher and valid US drivers license. **14 C.F.R. 91.7 (a): Civil aircraft airworthiness** An equivalent level of safety will be provided using the proposed procedures, manuals and checklists . Without an airworthiness certificate for the aircraft, relief from this section is also reque sted. **14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements**  KYTC proposes that the operator’s manual for the UAS be kept at the control point where the pilot flying the UAS will have immediate access to it.

**14 C.F.R. 91.103: Preflight Action** 

### KYTC proposes that the preflight procedures documented in the operator’s

manual substitute for the preflight actions in this section. **14 C.F.R. 91.109: Flight Instruction** A higher level of safety than conventional full scale flight instr uction can be achieved with the proposed UAS operating in a closed flight training area. No pilot or passengers will be carried in the aircraft. Dual flight controls would not provide additional safety for the operators.
**14 C.F. R. 91.119: Minimum Safe Altitudes**  Due to the nature of the proposed work, KYTC’s UAS operations require the aircraft to be positioned less than 500 feet away from the operators on the ground and from structures and operated at less than 500 feet AGL . Because of the light weight and slow speed of the UAS, an equivalent level of safety can be achieved when operations are performed in accordance with the proposed operating procedures. **14 C.F.R. 91.121: Altimeter Settings** The proposed UAS employs altitude control with barometric and GPS sensors. Altitude is automatically referenced to ground level when the flight controller is powered up. Connecting the battery with the UAS on the ground can provide an equivalent method of altitude calibration as conventional aircraft altimeters. The proposed UAS will operate under the “blanket” 200

-foot COA and when necessary will obtain a separate COA specific to the airspace required for that operation. The separate COA specific flights will be flown at an altitude less than 400 feet

. The combi nation of operating procedures, visual cues, automatic altimeter calibration, telemetry, altitude geofencing and hear

- see - avoid capability will ensure separation between the UAS and manned aircraft. **14 CFR 91.151 (a): Fuel requirements for flight in VFR c onditions**  The proposed UAS have flight time s of approximately 8

- 2 5 minutes and therefore cannot meet the 30 minute reserve requirement of this section. An equivalent level of safety can be achieved by operating the UAS in accordance with the operator’s ma nual . Voltage monitoring via telemetry as well as transmitter alarms will help ensure that adequate power will always be available for a controlled landing. Automatic battery failsafe settings provides and additional level of safety to help ensure that the UAS has adequate power to safely operate.

### 14 CFR 91.203 **(a) & (b) Civil aircraft:**  **Certifications required**

Documents will be kept at the ground flight control point where the PIC and others can have immediate access to them. **14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections**  An equivalent level of safety will be achieved by performing the maintenance inspections in the operator’s manual

. Because the UAS will not have an airworthiness certificate, relief from this sect ion is requested.Summary of operating procedures

It is the view of the KY Transportation Cabinet that operating an unmanned aircraft system (UAS) in accordance with the restrictions and procedures below and in accordance with the instructions and reco mmendations in the operator’s manual will provide a public benefit and not pose a risk to the NAS or people and property on the ground. The proposed UAS are small , lightweight, slow flying , aircraft conforming to the specifications in the attached operator’s manual

. The aircraft weight is less than 5 lbs. All flights will be flown from and over state owned or private property. Written authorization from private property owners will be obtained before any flight is conducted over that owner’s prop erty. Flight areas include construction zones not open to the public , bridge structures closed to traffic and roads closed to public traffic due to accidents. Construction areas may be occupied by KYTC inspectors and contract construction workers

. Accident scenes may be occupied by first responders and KYTC personnel. All personnel on the ground will be briefed prior to any UAS flight. Ground personnel will be advised as to the hazards of working near the UAS and be advised to remain “heads up” wh en the UAS is flying nearby. The UAS will be operated by a Pilot in Command (PIC) within visual line

-of

-sight (VLOS) and visual flight rules (VFR) conditions. The PIC will possess a sport pilot certificate or higher. The PIC will be responsible for the safe operation of the flight including autonomous modes. The PIC will use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA issued airman medical certificate or U.S. driver’s license. A visual Observer (VO) wil l be located next to the PIC to serve as a safety spotter for other aircraft and to assist with telemetry data. The VO will communicate solely by voice with the PIC . Only one VO will be used for the duration of the flight. Electronic messaging or textin g will not be used during the flight. The UAS will take off and land from an area directly next to the PIC and VO. The PIC and VO will not operate the UAS from a moving vehicle. The UAS will be operated within a 2500 foot radius of the PIC and VO.
The proposed UAS will operate under the “blanket” 200

-foot COA at flight speeds less than 100 mph and when necessary will obtain a separate COA specific to the airspace required for that operation. The separate COA specific flights will be flown at an altitude less than 400 feet AGL and at flight speeds less than 100 mph.All flights will be conducted in class G airspace. If operation in other airspace is

required KYTC will obtain all required authorizations from the FAA and controlling agencies. All flights will be conducted during daylight hours

. The UA will 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

. The PIC will immediately yield the right of way to all manned aircraft. The vertical descent capability of the UAS combined with the ability of the PIC and Observer to both hear and see full size aircraft approaching from all directions facilitates “hear, see and avoid ” operation s that are far more effective than can be achieved in a full size aircraft cockpit. Flights will be performed using the procedures and recommendations in the attached operator’s manual

. The UAS mission will be terminated to allow for at least 5 minutes of battery power for return to the launch area and landing procedures. KYTC will only use the UAS for official business purposes. KYTC will n ot use the UAS for surveillance or closed

-set motion picture or television filming. Staf f resources An experienced Pilot in Command adds a level of situational awareness and object avoidance capability that cannot be replaced with an automated system. One pilot available to our agency has 31 years of recreationally flying fixed wing, rotary wing, seaplan e and multirotor model aircraft in addition to full scale private pilot certification with current medical certificate. KYTC has a registered professional electrical engineer with 39 years experience building and flying fixed wing, rotary wi ng, seaplane , ducted fan and multirotor RC aircraft . This individual has 15 years building and flying aircraft using some of the first RC autopiloting systems and has 5 years experience using 3D Robotics equipment. A training program will be developed to ensure that all UAS operators are qualified and competent to operate the system. In summary KYTC has procedures, staff and resources to safely assemble, operate and maintain the proposed unmanned aircraft systems. The Cabinet looks forward to working wi th the FAA and is willing to share the policies, procedures and training materials developed for both in

- house and contracted UAS operations. The Cabinet is committed to a safe and cautious approach to integrating this useful technology into highway plann ing, design, maintenance, and operations.If additional information is needed or if you have any questions regarding this petition for

exemption please contact the applicant at: The name and address of the applicant are: Kentucky Transportation Cabinet Department of Highways Attn: Dan Farrell Ph: 502

-782

-4878 Email: dan.farrell@ky.gov Address: 200 Mero Street Frankfort, KY 40622