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45 S Jefferson Street • Pensacola, FL 32502 • Phone: 530-304-6890 • E-Mail: kevin@remoteaxcess.com Web: www.remoteaxcess.com Date: 15 July 2015

From: Kevin J. Lehman To: Federal Aviation Administration
Subject: REQUEST FOR ISSUANCE OF EXEMPTION UNDER TITLE 14 CFR, SECTION 333

Ref: (a) Title 14 CFR (b) FAA Overview of Small UAS Notice of Proposed Rulemaking; Summary of Major Provisions of Proposed Part 107
Encl: (1) User's Manual: DJI Inspire 1 (2) Addendum in lieu of Sensefly Exom User's Manual (3) Remote Axcess PIC Supporting Documentation (4) Endorsement by Volkert, Inc. on behalf of Remote Axcess for Section 333 Exemption

Dear Sir or Madam: Given the growing divide between demand and resources for infrastructure inspections, small Unmanned Aircraft Systems (sUASs), applied to bridge and ancillary structure inspections, provide engineering crews a critical tool to reduce risk, expedite inspections, and ensure the safety of the nation's transportation system. The requested exemption would permit the operation of sUASs in controlled environments that are limited, preplanned, and managed by federal, state, and local transportation departments as well as their private contractors. Remote Axcess LLC, a veteran owned company seeking to operate sUASs for the purposes of bridge and ancillary structure engineering inspections, hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operations of its sUASs pursuant to the conditions outlined herein or as may be established by the FAA as required by Section 333.
I. Mailing address and contact information:

Remote Axcess LLC 45 South Jefferson St Pensacola, FL 32502 Phone: (530) 304-6890 Email: kevin@remoteaxcess.com- ax

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II. The specific section or sections of 14 CFR from which Remote Axcess seeks exemption:
14 CFR Part 21, Subpart H 14 CFR 45.23 14 CFR 91.9 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 14 CFR 91.203 (a) & (b) 14 CFR 91.401-91.417

III. The extent of relief Remote Axcess seeks, and the reasons for relief:
Remote Axcess seeks relief from the following subcategories of 14 CFR: airworthiness certificates, civil aircraft certifications, display of marks, civil aircraft flight manual, marking and placard requirements, minimum safe altitudes, altimeter settings, fuel requirements for flight in VFR conditions, and maintenance, preventive maintenance and alterations. The relief requested is of limited scope and does not require relief from regulations governing pilot certification and qualification. A current instrument and commercially rated pilot, with fixed and rotary-wing qualifications, solely operates Remote Axcess' sUASs. Furthermore, Remote Axcess' operations maintain full compliance with the FAA Small UAS Notice of Proposed Rulemaking and the provisions of Proposed Part 107.
A. 14 CFR Part 21 Subpart H: Airworthiness certificates.

The Federal Aviation Act and Section 333 of the FAA Modernization and Reform Act of 2012 both authorize the FAA to exempt aircraft 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 sUAS. Regarding size, weight, speed, and operational capability, the sUASs (DJI Inspire 1 and Sensefly Exom) to be operated by Remote Axcess adhere to the standards set forth by the provisions of Proposed Part 107. Fully loaded, the sUASs weigh less than 55 Ibs., fly less than 87 knots, carry neither pilot nor passengers, and carry no explosive materials or flammable liquid fuels. With regard to proximity to airports and populated areas, all sUAS operations are to be limited to sterile environments with all involved personnel attending preflight briefings. The sUASs will not operate over persons or vehicles not directly involved in the operation. As stated in 14 CFR 91.103, the Remote Axcess pilot in command will, "...before beginning a flight, become familiar with all available information concerning that flight," to include determining the airspace classification for the intended operating area. Prior to all operations, Remote Axcess will provide advance notice to the FAA, local authorities, and the managing entity of the bridge and/or ancillary structure to be inspected.

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B. 14 CFR 45.23 Display of marks; general.
As unmanned aircraft, Remote Axcess' sUASs inherently lack cabins, cockpits, and pilot stations and therefore cannot be marked as specified in 14 CFR 43.23. The provisions of Proposed Part 107 stating that sUASs must weigh less than 55 ibs. likewise limit the scope of this exemption application to small aircraft lacking suitable surface area to accommodate "letters not less than 2 inches nor more than 6 inches high." Despite the physical limitations concerning the display and size of marks, Remote Axcess will mark all sUASs with the word "EXPERIMENTAL". To achieve an equivalent level of safety, the marking shall be placed on the fuselage, with letters as close to 2 inches high as possible, and where the pilot, observer, and others working with the sUAS will see the identification of the sUAS as "Experimental". The FAA has previously issued exemptions to this regulation through Exemption Nos. 8738, 10167, 10167A, and 10700.

C. 14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.
Section 91.9 (b) (2) provides that no person may operate an aircraft 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 sUASs operated by Remote Axcess lack the size, configuration, and necessity for such materials to be included on the aircraft. The aircraft has no capacity to carry the items, and no pilot, crew, or passengers on board to reference the materials. 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 exemptions to this regulation through Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

D. 14 CFR 91.119 Minimum safe altitudes.
Remote Axcess requests relief from Section 91.119 to operate at altitudes below 400' AGL. The existing minimum safe altitudes established by Section 91.119 (b) and (c) prohibit aircraft from flying less than 1,000' AGL over congested areas and less than 500' above the surface, or any person, vessel, vehicle, or structure. However, as the provisions of Proposed Part 107 limit sUAS operations to a"maximum altitude of 500 feet AGL, sUAS operators cannot abide by Section 91.119 (b) and (c) without conflicting Proposed Part 107, and vice versa.
Section 91.119 (d) (1) does allow for helicopters to be operated at less than the prescribed minimums provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA. Given the vertical takeoff and landing, and hover capabilities of Remote Axcess' sUASs, an equivalent level of safety can be achieved by operating at altitudes up to 400'. Furthermore, all operations shall be conducted over secure sites without exposing non-participating people and property.- axcess

E. 14 CFR 91.121 Altimeter settings.
Due to the lack of traditional aviation altimeters on sUASs, relief is requested to maintain and monitor aircraft altitude by the installed GPS and barometric sensors. Remote Axcess' sUASs provide precise altitude control through a combination of inertial, GPS, and barometric sensors, eliminating the need to input the current altimeter setting. From the ground control station, the pilot constantly monitors a digital readout of the sUAS's altitude. Properly calibrating the sUAS pursuant to the Manual(s) and preflight checks, and confirming the altitude of the launch site shown on the GPS altitude indicator achieves an equivalent level of safety.

F. 14 CFR 91.151 (a) (1) and (b) Fuel requirements for flight in VFR conditions.
The fuel requirements set forth by Section 91.151 establish that all airplanes must have sufficient fuel to reach the intended point of landing and fly for an additional 30 minutes at normal cruising speed. Rotorcraft are required to have a 20-minute reserve beyond the intended point of landing. When considering the 20-minute maximum flight time of Remote Axcess' DJI Inspire 1 sUAS, both 20 and 30-minute reserve requirements become impossible standards. However, as confined by the conditions of this application and Proposed Part 107, all sUAS operations shall be limited to distances not beyond line of sight, and below 400' AGL, thereby limiting the maximum slant range from which the sUAS must be recovered. To achieve an equivalent level of safety, and to ensure safe recovery from the maximum slant range operating distance, all operations shall initiate recovery at no less than 35% battery life remaining. Battery life shall be constantly monitored from the pilot's ground control station with audible and visual alerts provided upon reaching 35% remaining. The FAA has granted similar exemptions including Exemptions 2689F, 5745, 10673, 10808.

G. 14 CFR 91.203 (a) &(b) Civil aircraft: Certifications required.
The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft, and, provided by subparagraph (b), the airworthiness certificate must be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." As unmanned aircraft, the sUASs operated by Remote Axcess lack cabins and passenger compartments required for displaying said documentation. The sUASs, limited to less than 55 Ibs. pursuant to Proposed Part 107, likewise lack suitable storage compartments for carrying such documentation in flight. In seeking relief, an equivalent level of safety will be met by maintaining the required documentation at the ground control station, readily available to the pilot and participating personnel, and available for inspection upon request. AII sUASs operated by Remote Axcess shall also be registered with the manufacturer and carry an onboard serial number. Similar exemptions previously granted by the FAA include Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

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H. 14 CFR Subpart E, 91.401-91.417 Maintenance, Preventative Maintenance, and Alterations.
Whereas the maintenance requirements prescribed by Sections 91.401-91.417 apply only to aircraft with an airworthiness certificate, relief is requested in conjunction with relief from 14 CFR Part 21 Subpart H: Airworthiness certificates. The regulations provide that the operator is primarily responsible for maintaining the aircraft in an airworthy condition and that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. For the sUAS operations proposed herein, an equivalent level of safety can be achieved by placing the responsibility of maintaining the aircraft in an airworthy condition and for approving the sUAS for return service upon the PIC.
As Remote Axcess' sUASs have a limited number of moving parts, no lubrication systems, no moveable control surfaces, and neither piston nor turbine engines, the person most familiar with the aircraft, the PIC, possesses the appropriate level of knowledge and skill required to maintain the sUASs in an airworthy condition. Prior to every flight, the pilot will inspect the aircraft and conduct operational checks in accordance with the manual. At the end of every day on which flight operations were conducted, and before the start of any day on which flight operations are to be conducted, the PIC will conduct a detailed inspection. The sUASs shall not operate more than 10 flight hours without a detailed inspection.
Routine maintenance will be conducted by the PIC and logged in a maintenance record to be stored with the sUAS, or kept at the ground control station during flight operations. Maintenance records will include the number of charge cycles per battery in order to replace the bafteries following 300 discharges. Any maintenance not expressly defined in the manual shall be performed by the manufacturer and documented by the PIC.
IV. How this request will benefit the public as a whole:
In 2014, the US Department of Transportation, which oversees the FAA, reported that 61,365 bridges in the US were structurally deficient.' Likewise, in 2013, the American Society of Civil Engineers' "Report Card for America's Infrastructure," assigned the nations' bridges a grade of "C+" and roads a grade of "D." 2 Not only are the nation's existing bridges and roads in need of maintenance and inspection, the need to maintain those bridges and roads becomes increasingly critical as the price of building new infrastructure continues to rise. According to the 2015 Congressional Budget Office report: "Public Spending on Transportation and Water Infrastructure, 1956 to 2014," federal purchases have fallen by about 19 percent since 2003, in part because, "capital has become much more expensive to purchase over the period relative to operation and maintenance services." 3 With federal, state, and local agencies lacking the necessary resources to purchase new

' IJ.S. DOT, FHA, "Deficient Bridges by State and Highway System 2014," rnsir.fibira.dot.goi, December 2014. ' American Soeiety of Civil Engineers, "2013 Report Card for America's Iiifrastrueturc," 2013.

3 Congressional Budget Office, "Public Spending on Transportation and Water Infrastructure, 1956 to 2014, Ini1T:cbo..gzrt ; March 2015.
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infrastructure, or adequately maintain existing infrastructure, those agencies must develop improved methods to cut the costs of current maintenance programs.
Deploying inspection teams to visually inspect, photograph, and document the condition of bridges and ancillary structures accounts for an overwhelming portion of the total inspection cost. Inspectors often require the use of expensive, complex, and dangerous hydraulic lifts, climbing rigs, and floating platforms. SUASs in contrast, can collect the same visual data in less time, for less cost, and more safely. Not only will sUASs maximize the resources available for infrastructure preservation, but will also limit the burden of such preservation efforts on the general public. As the amount of time needed to complete inspections decreases, so will the duration of closures and detours.
For the inspectors working on the public's behalf, sUASs provide tremendous benefit by mitigating the risks inherent to structural inspections. Whether suspended below a bridge span on climbing rigs, or closing a lane on a busy bridge deck, structural inspectors work in incredibly dangerous conditions. With the unique ability to access target inspection areas from safe and secure locations, sUASs minimize the exposure of inspection crews to hazardous environments.
V. Reasons why the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least egual to the existing rule:
With sUAS technological developments preceding applicable regulation, conditions exist in which sUASs may operate more safely than manned aircraft despite being in conflict with isolated elements of 14 CFR. In fact, adherence to all conditions set forth by 14 CFR could make sUAS operations less safe. As evidenced by the provisions of Proposed Part 107, the FAA has acknowledged the incompatibility of sUAS operations with 14 CFR as it currently exists.
The relief requested herein not only provides a level of safety equal to the existing rule, but the extent of that relief is significantly less than that of existing Section 333 Exemptions already approved by the FAA. The sole PIC for all Remote Axcess sUAS operations maintains current flight status as an AH-1 W pilot in the United States Marine Corps Reserves. The PIC, with 2,200 mishap-free flight hours, also holds an FAA Instrument and Commercial rating and is a graduate of the United States Navy's School of Aviation Safety. Subsequently, this exemption application meets or exceeds the level of safety set forth by 14 CFR pertaining to pilot qualifications.
In addition to the aforementioned conditions of relief requested, Remote Axcess will provide a level of safety equal or greater to the existing rules by adhering to the following standards:
A. AII sUASs shall weigh less than 55 Ibs.

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B. The sUAS shall remain within visual line-of-sight of the PIC at all times. C. The sUAS shall remain close enough to the operator for the operator to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses. D. AII operations shall remain within the preplanned boundaries of the controlled environment. E. The sUAS operator shall have pre-obtained consent from all participating personnel and shall not operate over any persons, property, or vehicles not directly involved in the operation. AII participating personnel shall attend a preflight briefing. F. The sUAS, during bridge and ancillary structure inspections, shall not operate over traffic. G. Operations shall be limited to daylight-only (official sunrise to official sunset, local time). H. The operator shall yield right-of-way to other aircraft, manned or unmanned. I. AII operations shall employ a visual observer. The visual observer and PIC shall not operate more than one sUAS at one time and shall be able to communicate at all times. J. First-person view cameras shall not be used to satisfy see-and-avoid requirements. K. Maximum airspeed shall be limited to 100mph (87 knots). L. Maximum altitude shall be limited to 400' AGL. M. AII operations shall be conducted in VFR conditions (minimum weather visibility of 3 miles and minimum ceiling of 1,000'). N. The sUASs shall not be operated in Class A(18,000' and above) airspace. O. AII operations in Class B, C, D and E airspace shall require prior ATC coordination and permission, to include notification of the appropriate Flight Standards District Office. P. The PIC shall inspect the sUASs prior to every flight, as well as conduct a detailed inspection before and after every day involving flight operations. Q. The PIC shall inspect proper GPS return-home functionality prior to each flight, and configure the return-home parameters appropriate to the obstacles within the operating area. R. The PIC shall cease operations if affected by a physical or mental ailment that would nullify his medical certificate or prohibit the operation of a manned aircraft. S. The PIC shall execute sound judgment, shall not operate carelessly or recklessly, and shall not accept unnecessary risk.- axeess

VI. A summary the FAA can publish in the Federal Register stating the rule from which exemption is sought and a brief description of the exemption sought.

A. Petitioner: Remote Axcess LLC B. Sections of 14 CFR from which relief is requested: Part 21, Subpart H; 45.23; 91.9; 91.119; 91.121; 91.151; 91.203 (a) & (b); 91.401-91.417. C. Description of Relief Sought: Petitioner seeks relief from the requirements of 14 CFR Part 21, Subpart H; 45.23; 91.9; 91.119; 91.121; 91.151; 91.203 (a) &(b); 91.401-91.417 in order to conduct commercial small unmanned aircraft system operations in controlled environments, for the purpose of inspecting bridges and ancillary structures, in coordination with the managing entity of the structure, and subject to operating procedures that meet or exceed those that the FAA requires for similar operations.
VII. Any addition information, views, or arguments available to support this request.
Please reference the provided enclosures (1-4).
VIII. Reguests to exercise the privileges of this exemption outside the United States, and the reason for the reguest to do so.
Remote Axcess does not request to exercise the privileges of this exemption outside of the United States at this time.
For any questions, or requests for more information regarding this application, please contact Remote Axcess LLC directly via email or cell phone.
Sincerely,

Kevin J. Lehman Captain, USMC Reserves Managing Partner, Remote Axcess LLC 45 S Jefferson, St Pensacola, FL 32502 kevin@remoteaxcess.com

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