To: Date: 9/10/15

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, D.C. 20590

From: City of Saint Cloud, Minnesota 400 2 nd street south Saint Cloud, MN 56301 Joe Nathan 320 650

-3381 Email: joe.nathan@ci.stcloud.mn.us Re: Petition of City of Saint Cloud, MN ("Petitioner") for an Exemption Pursuant to Section 333 of the FAA Moderni zation and Reform Act of 2012 and 14 C.F.R. Part 11, 45.23(b); 14 CFR Part 21;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) (2);91.417 (a) & (b). Specifical ly the requested exemption would permit the operation of small, unmanned and relatively inexpensive Small Unmanned Aircraft Systems (“sUAS”) for aerial data collection of city owned infrastructure and related activities. These would occur in a limited and predetermined airspace that would enhance the safety of those involved compared with manned aircraft. This aircraft has four rotors and four motors in a quadcopter configuration (X4). It is only capable of vertical takeoff and landings. This s UAS weighs l ess than 55 lbs. including payload, can fly, under normal conditions at a speed of no more than 35 knots and has the capability to hover, and move in the vertical and horizontal plane simultaneously. This s UAS is equipped with GPS and auto return function to the predetermined safe landing area as well as allowing reading of magnetic interference that can cause loss off GPS signal. The UAS will operate only in line of sight and will operate only within the limits of public rights of way or easements. Such operations will be conducted to insure that the UAS will “not create a hazard to users of the national airspace system or the public.” (Reform Act Section 333 (b)).The petition is organized as follows:

I. The Petitioner I I. Types of Operations I I I. Safety IV

. Specific Exemptions V. Privacy V I

. Flight Manuals VII. Public Interest

I. The petitioner is: City of Saint Cloud, MN attn: Joe Nathan 400 2 nd street south Saint Cloud, MN 56301 Ph: 320 650

-3381 Fax: 320

-255

- 7297 email: joe.nathan@ci.stcloud.mn.us

I I . Types of Operations Using sUAS’s for: Aerial data collection of city owned infrastructure and activities. Examples are:

- Inspections of city owned storm water pond system

- I nspections of the city’s water and wastewater treatment facilities

- Inspections of city owned road rights of way

- Inspections of city owned leased solar garden

- Periodic inspections of city funded infrastructure improvement projects

- Bridge inspections

- Assist with damage assessments or situational status reports during emergency response operations

- Evaluat ions within the city related to wildlife , forestry & vegetation /flora issues

- Aerial mapping data for city comprehensive planning activities

- Aerial data collection for the promotion of city owned community assets and to leverage economic development with said assets-Aerial data collection of city owned infrastructure: to assist in the performance of

safety audits and infrastructure inspections

I I I . Safety The applicant proposes that the exemption requested herein apply to 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 cu rrent regulatory structure because the proposed operations represent a safety enhancement to the already safe aerial data collection operations conducted with conventional aircraft. These limitations and conditions to which the Petitioner agrees to be bo und when conducting operations under an FAA issued exemption include: 1. The sUAS is a DJI Inspire 1 , it weigh s less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum total flight time for each operational flight will be 25 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 25 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL. 5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and the Camera Operator. 6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and third class medical. 7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the Aerial Coordinator), that person can also be designated as PIC. 8. The UAS will only operate within a confined predetermined area for each flight. 9. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 10. The operator will obtain the consent of all persons involved in the photography / video and ensure that only consenting persons will be allowedwithin 100 feet of the flight operation. W ith the advanced permission of the

relevant FSDO, operations at closer range can be approved.
11 . Pilot and observer will have been trained in operation of UAS generally and received the most current information on the particular UAS to be operated.
12 . Observer an d pilot will at all times be able to communicate by voice and/or text. 13

. Written and/or oral permission from the relevant property holders will be obtained.
14 . 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. 15 . If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre

-determined location within the Security Pe rimeter and land. 16 . The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

I V . Exemptions 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 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 Petitioner, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt a ircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness cert ificate without the restrictions and conditions proposed.The sUAS to be operated hereunder is less than 55 lbs , (actually 6.5 lbs

. ) fully

loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operate s exclusively within a defined area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional aerial data collection . These safety enhancements, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C. F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of flammable/explosive materials or liquid fuels , and inability to carry a significant load.
14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires:
Wh en 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 operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 i nches high , the words "limited, "restricted," "light

-sport," "experimental," or "provisional," as applicable. Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word“ Experimental” can be placed. Given the size of the sUAV, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the identification of the sUAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exempt ions Nos. 10700, 8738, 10167 and 10167A. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113 (a) & (b) limit private pilots to non

-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventionalaircraft that carries the pilot and passengers, the sUAS is remotely controlled

with no living thing on board. The area of operation is controlled. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires an air worthiness certificate... 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 an equivalent level of safety will be provided by the PIC prior to each flight. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 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 sUAS, given its size and configuration has no ability 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. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: 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 to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.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 flight instruction unless that aircraft has fully functioning dual controls. sUASs a re remotely piloted aircraft, by desi gn they do not have fully functional dual controls. Flight control is accomplished through the use of a remote control box that communicates with the aircraft via radio signals . The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. Due to the size and speed of the aircraft, and it’s inability to carry a pilot or passengers, t he equivalent level of safety is provided in it’s application.

14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be ope rated at less than the minimums prescribed, provided the person operating the helicopter complies with any rou te or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is pl anned, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higher than 400 AGL. The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where i t is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner, all affected individuals will be aware of the planned flight operations. Compared to flight operati ons with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating below 500 AGL in Class G airspace . In addition, the low

-altitude operations of the sUAS will ensure separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119.14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to Safety Check list, confirming the altitude of the launch site shown on the GPS al titude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning “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 cruising 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.” The battery p owering the sUAS provides approximately 20 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signe d waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 40 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.14 C.F.R. §91.203 (a) and (b): Carrying C ivil Aircraft Certification and

Registration The regulation provides in pertinent 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 certifi cate. . . . (b) No person 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 crew. The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 C.F.R. §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 provided \ in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapte r...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accompl ished 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 limited in size and will carry a small payload and operate only in restricted areas for limited pe riods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the sUAS 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 condition to provide the equivalent level of safety.Pursuant to 14 C.F.R. Part 11, the followi ng summary is provided for publication

in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 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) to operate commercially a small unmanned vehicle (55lbs or less) in commercial video and photograph y operations.

V. Privacy All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Filming of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place.

VI. Manuals Please find attached manuals for the DJI Inspire 1

.

VII. Public Interest By their nature, flood control facilities present unique difficulties for persons attempting to inspect and maintain this vital piece of infrastructure. Sending personnel to inspect dam structures and high walled flood storage facilities puts personnel at risk. These risks can be avoided by using a small UAS under controlled conditions to photograph and document the state of the equipmen t. This helps to facilitate repairs and identify issues before they become problems. The public deserves to have the highest level of quality control as they rely heavily on these facilities for flood protection. Employing the UAS in this capacity will further help to insure their safety. Furthermore g iven the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the s ignificant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing s UASs for aerial inspections, surveying, photography and videography (aerial data collection) , the grant of the requested exemptions is in the public interest. Accordingly, thepetitioner respectfully requests that the FAA grant the requested exemption

.

Conclusion 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, operation within visual line of sight, etc....

- provides more than adequate justification for the grant of the requested exemptions to permit Petitioner to op erate the selected s UAS vehicle s and provide aerial data collection and related activities on city owned infrastructure. Granting the requested exemption will benefit the public interest as a whole in many ways, including improving safety and reducing risk by reducing human exposure to danger, improving the quality of services to our citizens and decreasing operating costs compared with conventional flight operations.

If you have any questions or require any additional information, please do not hesitate to call. Please see URL for more details regarding the DJI Inspire 1 s UAS . http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Man ual_v1.0_en.pdf
Sincerely , Joe Nathan 320 650

-3381 City of Saint Cloud, Minnesota