September 25, 2015

Exemption No. 13039 Regulatory Docket No. FAA

− 20 15

− 2763

Mr. Mark A. Ekse Counsel Hagen, Wilka & Archer, LLP 600 S outh Main Avenue, Suite 102 Sioux Falls, SD 57104
Dear Mr. Ekse : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends. By letter dated June 8, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Needmore Towers, Inc. ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct capturing still imagery, video acquisition and digital 3D data capture

. See Appendix A for the petition submitted to the FAA des cribing the propo sed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

. Airworthiness Certification
The UAS proposed by the petitioner is a DJI Spreading Wings S1000+

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that relief from 14 CFR part 21 , C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary. The Basis for Our Decision You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s
. 11062 to As traeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater propo rtions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in a ll material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;
 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.
Our Decision In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by th e Administrator, Needmore Towers, Inc. is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.
Conditions and Limitations
In this grant of exemption, Needmore Towers, Inc. is hereafter referred to as the operator.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.
1. Operations authorized by this grant of exemption are limited to the DJI Spreading Wings S1000+ 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

- set motio n 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 be 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 ai rman 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 l ong as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ; e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfe r 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 an d 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 betwee n the 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 op erating documents. The operator may update or revise its operating documents. It is the4

operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The op erator must 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 FA A’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 alterat ions that affect 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 conducte d by a PIC with 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 ensure 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 discrepan cies, e.g. , inoperable 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 condition 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 wi th all manufacturer 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 license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot 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 UAS will be operated under this exemption, including evasive and em ergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC5

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 ope rator’s PICs and VOs (traini ng, 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 operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operat e the UA with appropriate distance 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). Flig hts under special visual flight 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 symbo l 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 t he 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. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre
- determined location within the pr ivate or controlled

- access property.
19. The PIC must abort the flight in the event of unpredicted obstacles or emergen cies.
20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the rese rve power recommended by the manufacturer if greater.
21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

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

. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have ide ntification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

23. 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 operating. These documents must be made available to the Administrator or any law enforcement official upon request.
24. The UA must remain clear and give way to all manned aviation operations and activities at all times.
25. The UAS may not be operated by the PIC from any moving device or vehicle.
26. All Flight operations must be conducted at least 500 feet from all nonpartici pating 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 r emain 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 assessment 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 persons under this exemption.
27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or aut horized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.
28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the opera tional area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.
29. The operator must have a mot ion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following: a. Dates and times for all flights; b. Name and phon e number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used; e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to th e inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential t o accomplish the operation.
31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on September 30, 2017 , unless sooner superseded or rescinded. Sincerely, / s/ John S. Duncan Director, Flight Standards Service

EnclosuresII

I !

II HAGEN

j WILKA

j ARCHER

600 South Main Ave, Ste 1021 PO Box 9641 Sioux Falls, SO 57101-0964 Phone 60513341 0005 Fax 605133414814 U.S. Department

of Transportation Docket Management System 1200 New Jersey Avenue S.E. Washington,

DC 20590

E - Ma il: m a r k
1 i!) h wa

l aw

. co m June

8, 2015 Re: Request for Exemption under Section 333 of the FAA Modernization

and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 21(h);
14 C.F.R. 43.7; 14 C.F.R. 43.11;
14 C.F.R. 45.11;
14 C.F.R. 45.27;
14 C.F.R. 45.29;
14 C.F.R. 91.7(a);

14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.9(c);

14 C.F.R. 91.103(b)(2);

14 C.F.R. 91.105;

14 C.F.R. 91.109;

14 C.F.R. 91.113(b);

14 C.F.R. 91.119(b) and (c); 14 C.F.R. 91.121;

14 C.F.R. 91.151;

14 C.F.R. 91.203(a) and (b); 14 C.F.R. 215; 14 C.F.R. 91.403;

14 C.F.R. 91.405; 14 C.F.R. 91.407;

14 C.F.R. 409 and 14 C.F.R. 91.417 Dear Sir or Madam: Pursuant

to Section 333 ofthe FAA Modernization

and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Hagen, Wilka

& Archer, LLP on behalf ofNeedmore Towers, Inc. ("NTI"),

an operator

of Small Unmanned Aircraft Systems ("sUAS") equipped

to conduct aerial inspection

of cellular towers, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs")

to allow commercial operation

of its sUASs,

so long as such operations are conducted within and under the conditions outlined herein
or as may be established

by the FAA as required
by Section 333. The intended sUAS operations contemplated

by this petition are in the public interest because they: replace work that is Dangerous
and Difficult and at the same time provide
an equivalent

or greater level of safety than alternative manned aircraft operations. Approval

of exemptions

for NTI will allow commercial operations

of the DJI
S 1000 to examine cellular towers and structures

in Class
G airspace nationwide.
The requested exemption should
be granted because operation

of small UASs, weighing approximately 24.25 lbs. (11kg.), inclusive

of battery and payload, conducted

in the strict conditions outlined below, will provide an equivalent level of safety,

as Congress intended, while still allowing commercial operations. The lightweight aircraft covered
by the exemption

are far safer than conventional operations conducted with helicopters
and fixed-wing aircraft weighing thousands

of pounds and carrying highly flammable fuel, and operating

in close proximity

to the ground, power lines, transmission HAGEN, WILKA

& ARCHER, LLP, Attorneys and Counselors Joel

T

. HAGEN

%

I Thomas

K
. WILKA

'
I John

F . ARCHER

I Jennifer

L. RILEY"

" I Jennifer

L. LARSEN

I Mark

A

. **EKSE**

**~**

I Jaclyn

R
. S
. ABERSON

" '
I Joseph

M

. WILTSE Also .1dmitted

i n
: 1 Oistlic1
of Co

l umbi.1,

0 **Minn~ota,** 'Iowa, TrlOfth Dakota

I '.\ of counsei[

.. Registcred Patt'nt AttomcyU.S. Department

of Transportation June
8, 2015 Page

2 towers, pipelines, and people. The seven factors Congress directed the FAA to consider when approving Section 333 exemption petitions- size, weight, speed

, operational capability, proximity

to airports, proximity

to populated areas, and operation within visual line of sight- each support the request.

In particular

, the aircraft are small, and will operate

at slow speeds, and close to the ground

in order
to more safely and efficiently conduct inspections
that would otherwise involve

a risk of death
to the inspectors.
The substantial increase

of safety and decrease

of risk to human life, coupled with the low risk use of sUASs

to conduct these inspections, weighs heavily

in favor or granting the exemption. Pursuant

to 14 C.F.R. 11.35, NTI requests confidential treatment
for certain information provided with this request for exemption

. Specifically,
NTI
is submitting

its proprietary user manual and training syllabus under separate cover
as Exhibits

19 and 20.
It requests that the information contained

in those exhibits not be made public because they are trade secrets whose disclosure would harm NTI. They are valuable commercial data that
is not publically available and are protected from release under the Freedom oflnformation

Act

5 U.S.C. 552(b)(4). For your ease in reviewing this petition

, please refer to the table of contents which begins on page
2. If we can provide any additional information

to assist your understanding

or review of this document, please
do not hesitate

to contact
us at 605-334-0005

or via e-mail

at mark@hwalaw.com.
Thank you

. Best regards

, Mark
A

. Ekse MAE:ch