IN THE MATTER OF THE PETITION FOR EXEMPTION OF:



## Environmental Intelligence, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM

THE REQUIREMENTS OF THE FAA REFORM ACT AND

PART 11 OF THE FEDERAL AVIATION REG ULATIONS FROM

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 14 C.F.R. §§ Part 21; Part 27; 45.23; 45.29; 91.7; 91.9(b); 91.109(a); 91.119;

91.121; 91.151; 91.203(a) & (b); 91.401

– 91.41

CONCERNING COMMERCIAL OPERATION OF U NMANNED AIRCRAFT SYSTEMS PURSUANT
TO SECTION 333 OF THE FAA MODERNIZATION

AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted March 11, 2016

Prepared For: United States of America Department of Transportation Federal Aviation Administration Docket Management System 1200 New Jersey Ave., Se Washington, Dc 20590

Prepared By: Environmental Intelligence 1590 South Coast Highway, Suite 17 Laguna Beach, CA 92651 Contact: Travis Kegel traviskegel@enviro

- intel.com

>P etition f or Exemption: Environmental Intelligence, L LC March 11, 2016

Environmental Intelligence, LLC TABLE OF CONTENTS

I. EXECUTIVE SUMMARY

................................ ................................ ................................ ................................ ........ 1 II. CONTACT INFORMAT ION

................................ ................................ ................................ ................................ ... 2 III. MAKE AND MODEL OF AIRCRAFT

................................ ................................ ................................ .................. 2 IV. PROPOSED OPERATI ONS

................................ ................................ ................................ ................................ ... 2 Public Interest

................................ ................................ ................................ ................................ ........................... 3 Pilot in Command

................................ ................................ ................................ ................................ ..................... 3 V. REQUESTED EXEMPTI ONS AND EQUIVALENT L EVEL OF SAFETY

................................ ......................... 4 14 C.F.R. 21

................................ ................................ ................................ ................................ .............................. 4 14 C.F.R. 45.23 & 45.29

................................ ................................ ................................ ................................ ........... 4 14 C.F.R. 91.7

................................ ................................ ................................ ................................ ........................... 4 14 C.F.R. 91.9(b) & 91.203

................................ ................................ ................................ ................................ ...... 4 14 C.F.R. 91.109(a)

................................ ................................ ................................ ................................ .................. 5 14 C.F.R. 91.119

................................ ................................ ................................ ................................ ....................... 5 14 C.F.R. 91.121

................................ ................................ ................................ ................................ ....................... 5 14C.F.R.91. 151

................................ ................................ ................................ ................................ ......................... 5 14C.F.R. Subpart E 91.401

- 91.417

................................ ................................ ................................ ........................... 6 VI. CONCLUSION

................................ ................................ ................................ ................................ ....................... 6P etition f or Exemption: Environmental Intelligence, L LC March 11, 2016

Environmental Intelligence, LLC

1 I. EXECUTIVE SUMMARY

Environmental Intelligence, LLC (Environmental Intelligence) is an environmental service provider that provides, among other services, inspection of lands and structures in association with regulatory and safety requirements. Environmental Intellig ence intends to operate a small
unmanned aerial vehicle s (sUAV) and unmanned aircraft system (UAS) to conduct aerial data collection including aerial surveying, utility inspection, structural inspection, construction inspection, public entity support servi ces, educational and research, and wildlife and forestry monitoring. The collection of aerial data utilizing UAS will increase the efficiencies of the data collection and provide safety enhancements.

Pursuant to Section 333 of the FAA Modernization and R eform Act of 2012 (“Section 333”) and 14 Code of Feral Regulations (C.F.R). Part 11, Environmental Intelligence, LLC (“Environmental Intelligence”) hereby petitions for exemptions from the following:

 14 C.F.R. § 61.113 (a) & (b)

 14 C.F.R. § 61.133(a)

 14 C .F.R. § 91.7(a)

 14 C.F. R.§ 91.119

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151 (a)

 14 C.F.R. § 91.405 (a)

 14 C.F.R. § 407 (a) (1)

 14 C.F.R. § 409 (a) (2)

 14 C.F.R. § 417 (a) & (b)

Environmental Intelligence relies upon the following previously authorized Grants of Exemption as their circumstances are similar in all material respects to the exemption currently requested:

 Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA201 40352),

 Exemption Nos. 11109 to Clayco, Inc. (see Docket No. FAA20140507),

 Exemption Nos. 11112 to VDOS Global, LLC (see Docket No. FAA20140382),

 Exemption Nos. 11213 to Aeryon Labs, Inc. (see Docket No. FAA20140642),

 Exemption Nos. 12645 to Allied Dro nes (see Docket No. FAA

- 2014

- 0804),

 Exemption Nos. 12697 to Greenblatt (see Docket No. FAA−2015−2417), and

 Exemption Nos. 13576 to Wiser Consultants LLC (see No. FAA

– 2015

– 3703).P etition f or Exemption: Environmental Intelligence, L LC March 11, 2016

Environmental Intelligence, LLC

2 II. CONTACT INFORMAT ION

Environmental Intelligence LLC Attn: Travis Kegel 1590 South Coast Highway, Suite 17 Laguna Beach, CA 92651
949.497.0931 traviskegel@enviro

- intel.com

III. MAKE AND MODEL OF AIRCRAFT

The petitioner is seeking an exemption to commercially operate sUAVs makes and models as
follows:

1. DJI

- Inspire 1 5. DJI

- Spreading Wings S 9 00

2. DJI

- Phantom 3 6 . Trimble

- UX5

3. DJI

- Phantom 4 7 . Dragan fl yer

- X4

- ES

4. DJI

- Spreading Wings S 8 00 8. SenseFly

- eBee

Each sUAV separately weighs 55 lbs. or less, with imaging payload and applicable equipment. Each of above mentioned sUAV make and model have been granted relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

— Airworthiness C ertificates in Exemption Nos. 13563(Regulatory Docket No. FAA

– 2015

– 3521) and/or Exemption Nos. 12697 (Regulatory Docket No. FAA−2015−24170). The manufacturer’s User Manuals 1 for each sUAV include safety protocols to maintain safe flight and include prefig ht inspections, maintenance, and fight capabilities. The detailed safety protocol instructions are provided in the manufacturer’s User

Manuals and shall be adhered to.

IV. PROPOSED OPERATI ONS

Environmental Intelligence has a long history of providing high quality survey and inspection services. Environmental Intelligence seeks this exemption for the following UAS applications:

 Aerial Surveying

 Utility Inspection

 Structural Inspection

 Construction Inspection

 Public Entity Support Services

 Educationa l and Research Opportunities

 Wildlife and Forestry Monitoring

Surveys and inspections will be limited in scope pursuant to the operational manuals and FAA guidelines. Flight time will be limited based on the energy capacity of the on the batteries and

1 The aircraft equipment operation manuals are not required inclusion in this petition following guidelines provided in ‘ Section 333 Petition Guidance & Checklist .’P etition f or Exemption: Environmental Intelligence, L LC March 11, 2016

Environmental Intelligence, LLC

3 operations shall maintain a minimum reserve of 25% battery capacity and have a maximum operating spee d of 35 miles per hour

. A ll operations will be conducted below 400 AGL feet and no closer than 5 nautical miles of the geographic center of an airport as denoted on a current FAA published aeronautical chart, un less a letter of agreement with that airport’s management is

obtained. In addition

, operations shall be no closer than 500 feet to the adjacent building or confined space unless the land owner has provided permission, and the Pilot in Command has
made a sa fety assessment of the risk from such operations.

Public Interest

As part of its commitment to safety and innovation, Environmental Intelligence is asking for this exemption in part, to reduce the risk of injury to its employees and contractors who partic ipate in the proposed survey and inspection services. The current surveying and inspection procedures can result in significant injuries to personnel who must climb to elevated positions or require the use of conventional aircraft that are orders of magnit ude greater in size and risk than the sUAV. Either method, manual inspection or conventional aircraft, results in increased risk of injury due to falls, entering confined or dangerous spaces, and potential exposure to hazardous materials. As such, it
is in the best public interest to utilize UAS in lieu of conventional methods to promote safety. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “... establish req uirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the

Reform Act.

Pilot in Command
Environmental Intelligence’s UAS unit is under Travis Kegel’s direction. Travis Kegel is a highly, highly accompl ished, capable, experienced and trusted professional and has a long history of providing high quality inspection and mapping services.

Environmental Intelligence shall retain a Pilot in Command (PIC) holding specializations and experience in aviation safe ty, instruction, flight operations, contracting and maintenance. The PIC will hold old either an airline transport, commercial, private, recreational, or sport pilot certificate.
The PIC will also hold a current FAA airman medical certificate or a valid U. S. driver's license issued by a state, or the Federal government and meet the flight review requirements specified in 14 CFR § 61.56.

The PIC will be operating the aircraft within line of sight. The PIC will not be distracted by viewing the pictures taken during the flight. Rather, once the sUAV is launched, the Pilot in Command’s only duty will be to watch the flight of the UAS over the structure and intervene to address flight path deviations or other issues that arise during the flight. In addition, the PIC will conduct a pre

flight inspection of the sUAV and area and will perform frequent visual scans of the area while the vehicle is operating.P etition f or Exemption: Environmental Intelligence, L LC March 11, 2016

Environmental Intelligence, LLC

4 V. REQUESTED EXEMPTI ONS AND EQUIVALENT L EVEL OF SAFETY

In addition to the safety benefits described in Section IV, the use of sUAVs will provide equivalent level of safety as they relate to the Code o f Federal Regulations (C.F.Rs).

14 C.F.R. 21

Section 91.203 requires all civil aircraft to have a certificate o f airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a).

Given the size, weight, speed and limited operating area of th e proposed aircraft (see Part III above), an exemption to 14 C.F.R. Part 21 Subpart H is warranted and meets the requirements of an equivalent level of safety under 14 C.F.R. Part 11 and Section 333. The proposed UAS operated
in the restricted environment and under the conditions and limitations proposed by Wiser, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate issued under 14 C.F.R. Part 21, Subpart H, and not subject to the proposed limitations and condit ions.

14 C.F.R. 45.23 & 45.29
These regulations require each aircraft to display the letter “N” along with the aircraft’s registration number in letters at least 3” high and the word “EXPERIMENTAL” in letters at least 2” high near

the entrance to the cabin , cockpit or pilot station.

Due to the small size and lack of entrance on the proposed aircraft, Environmental Intelligence will display the registration number, if applicable, on the aircraft as large and prominently as possible. Should no registration nu mber be assigned, the company name, address and contact information will be displayed on the aircraft. Additionally, any registration information will be kept together with all user and operation manuals at the ground control station and will be
immediatel y accessible to the PIC at all times during flight operations. Given that the aircraft will be operated within VLOS of the PIC at all times, the ground control station will be easily located by any observer seeking the point of origin of flight operations.

14 C.F.R. 91.7

This regulation provides that no person shall operate a civil aircraft unless it is in an airworthy
condition.

It is our understanding that, due to the size and operational conditions proposed herein, an airworthiness certificate may not be required and therefore and exemption from this subpart would not be necessary. However, should an exemption be deemed necessary, it should be granted based on the inherent safety of these aircraft and the proposed operational limits. Additionally,
Environ mental Intelligence will follow all manufacturer maintenance schedules and perform pre

flight safety checks before every flight.

14 C.F.R. 91.9(b) & 91.203
It is Environmental Intelligence’s understanding that an exemption from these subparts is no longer necessary in light of the FAA Memorandum “Interpretation regarding whether certain requiredP etition f or Exemption: Environmental Intelligence, L LC March 11, 2016

Environmental Intelligence, LLC

5 documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014. However, should an exemption be deemed necessary, Environmental Intelligence will keep all documents required under these subparts at the ground control station during flight operations.

14 C.F.R. 91.109(a)

This regulation provides that no person may operate a civil aircraft that is being used for flight
instruction unless that aircraft has fully functioning dual controls.

Environmental Intelligence will perform all training and test flights in a controlled area containing no uninvolved personnel. This combined with the fact that the aircraft involved carry no crew or
flammable f

uel means that an equivalent level of training can be safely performed.

14 C.F.R. 91.119

This subsection limits the operation of aircraft over water or sparsely populated areas to no closer than 500 feet to any person, vessel, vehicle or structure.

Environ mental Intelligence will meet an equivalent level of safety required by this regulation by operating only over private or controlled access areas with the permission of the landowner or controlling authority. Furthermore, Environmental Intelligence will op erate over only those persons involved with the operation and will inform all involved persons of the proposed flight operations. Permission to fly over vessels, vehicles or structures will only be performed with authorization from the owner after the prop osed operation and associated risks have been fully explained. FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.

14 C.F.R. 91.121

This subsection requires that 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.

The proposed aircraft utilize a combination of an onboard GPS and barometer which is reported to the PIC through radio telemetry. The altitude reading will be initialized and verified by the PIC on the ground before takeoff. This will provide a reliable method of tracking altitude. This along with the limited operational area and condit ions, including LOS requirements, provide an equivalent level of safety and this exemption should, therefore, be granted. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.

14C.F.R.91.151

This r egulation prescribes that no person may begin a flight in an airplane under VFR conditions unless there is enough fuel to fly to the first point of intended landing and continue to fly for at least 30 minutes longer.

The aircraft proposed all contain redun dant safety systems that, in the event of a system failure, the aircraft will fly to a predetermined safe zone to land. Environmental Intelligence will maintain a minimum reserve of 25% battery capacity. All flight times will be calculated to this reserveP etition f or Exemption: Environmental Intelligence, L LC March 11, 2016

Environmental Intelligence, LLC

6 requirement. The current battery power levels are constantly reported to the PIC through radio telemetry. Should the PIC see that the battery is rapidly discharging, the flight will be immediately aborted and the aircraft will be inspected. These procedure s create an equivalent level of safety and this exemption should, therefore, be granted. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 10808 and Exemptions 11062, through11067, 11080 and 11110

14C.F.R. S ubpart E 91.401

- 91.417

This subpart deals with maintenance, preventative maintenance and alterations of the aircraft. As the proposed aircraft do not contain the types of systems typically maintained by a certified aircraft mechanic, Environmental Intellig ence proposes that maintenance be performed by the aircraft owner per the schedule and requirements provided by the manufacturer. This combined with the system's built in safety features and performance of preflight checks creates an equivalent level of

sa fety. Additionally, the proposed aircraft's small size, weight and limited operation area mean that danger to persons or property are extremely limited. For these reasons, this exemption should be granted. The FAA has granted exemptions for similar operati ons in Exemptions 11062 through 11067, 11080 and 11110.

VI. CONCLUSION

This exemption request, once granted would allow Environmental Intelligence to operate a small unmanned aerial vehicle (sUAV), unmanned aircraft system (UAS) for aerial data collection. For the above reasons, these requested exemptions should be granted and Environmental Intelligence should be allowed to perform UAS operations per the manuals and any other conditions or parameters the FAA deems necessary and appropriate.

Respectfully su bmitted,

Travis Kegel