UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

_______________

PETITION FOR AMENDMENT TO GRANT OF EXEMPTION NO. 11 566 BY CDM SMITH, INC
.

Submitted on September 10 , 2015
G REGORY S. W INTON , E SQ

. T HE A VIATION L AW F IRM 1997 Annapolis Exchange Parkway Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 Fax: (866) 568

- 9886 Attorney for Petitioner2

Petitioner, CDM Smith , Inc. (“ CDM Smith ”), by and through undersigned counsel, pursuant to the provisions of the Federal Aviation Regulations and the Federal Aviation Administration (“FAA”) Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator for an amendment to the
conditions and limitations of Grant Of Exemption No. 11566 (Regulatory Docket No. FAA

201 5

- 0 040 ), which granted to CDM Smith 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 t he petitioner to operate a DJI Phantom 2 Vision UAS to perform aerial data collection

. Specifically, CDM Smith seeks an amendment to Exemption No. 11 566 to the extent necessary to allow CDM Smith to operate the following UAS under Exemption No. 11 566:

 3D Robotics Aero

- M

 3D Robotics X8

 DJI Phantom 3

 DJI S1000

 DJI S900

 DJI S800

 DJI Inspire 1

 DJI Flame Wheel 450

 DJI Flame Wheel 550

 DJI Matrice 100

 SenseFly eBee

 SteadiDrone Flare
CDM Smith submits that operation of the aforementioned UAS under the conditions and
limitations set forth in Exemption No. 11 566 will maint a in the safety of the National Airspace System (“NAS”), as well as the safety of persons or property on the ground.3

In support thereof, CDM Smith states as follows:
Unmanned Aircraf

t System s
CDM Smith , Inc. seeks an amendment to operate the additional UAS listed below for compensation or hire within the NAS pursuant to Paragraph 1 of the Conditions and Limitations
section of Exemption No. 11566

. All of the proposed UAS have been the subject of previous Grants of Exemption and are in all material respects similar to the Phantom 2 Vision UAS

. The proposed UAS were previously granted exemption as follows:

 3D Robotics Aero

- M ( Exemption No. 11393A on July 20, 2015)

 3D Robotics X8 (Exe mption No. 12366 on August 6, 2015)

 DJI Phantom 3 (Exemption No. 12294 on August 3, 2015)

 DJI S1000 (Exemption No. 12370 on August 6, 2015)

 DJI S900 (Exemption No. 12370 on August 6, 2015)

 DJI S800 (Exemption No. 12370 on August 6, 2015)

 DJI Inspire 1 (Exe mption No. 12377 on August 6, 2015)

 DJI Flame Wheel 450 (Exemption No. 11813 on June 16, 2015)

 DJI Flame Wheel 550 (Exemption No. 11813 on June 16, 2015)

 DJI Matrice 100 (Exemption No. 11814 on June 16, 2015)

 SenseFly eBee (Exemption No. 12369 on August 6, 2015)

 SteadiDrone Flare (Exemption No. 11 4 4 6 on April 29, 2015)
A. Name And Address Of The Petitioner.
The name and address of the Petitioner is:
CDM Smith , Inc. 50 Hampshire Street Cambridge, Massachusetts 021394

The point of contact for this Petition and specific contact information is as follows: Gregory S. Winton, Esq. The Aviation Law Firm 1997 Annapolis Exchange Parkway, Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 | Fax: (866) 568

- 98 86 Email: Greg@aviationlawexperts.com
B
. CDM Smith Seeks To Amend Condition and Limitation N o. 1 Of Grant Of Exemption No. 11 566
. Condition and Limitation No. 1 of Exemption No. 11 566 states the following : Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision 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

. Ex emption No. 11566 at page 3 , ¶ 1

. C. Extent Of The Amendment That CDM Smith Seeks And The Reason CDM Smith Seeks To Amend Condition And Limitation No. 1
. CDM Smith submits that Condition and Limitation No. 1 be amended as follows: Operations authorized by this grant of exemption are limited to the 3D Robotics Aero

- M, 3D Robotics X8, DJI Phantom 2 Vision, DJI Phantom 3, DJI S1000, DJI S900, DJI S800, DJI Inspire 1, DJI Flame Wheel 450 , DJI Flame Wheel 550 , DJI Matrice 100, SenseFly eBee, and SteadiDrone Flare when weighing less than 55 pou nds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

. This relief is requested because CDM Smith ’s or iginal Petition For Exemption (Regulatory Docket No. FAA

- 201 5

- 0 040 ) did not request that operation of the UAS proposed in
this Petition be allowed under the Exemption . However, CDM Smith offers that it may safely operate the proposed UAS under the same Co nditions and Limitations set forth in Exemption
No. 11 566 for the Phantom 2 Vision UAS

. D. The Reasons Why Granting CDM Smith ’s Request For Amendment Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.5

Granting the present petition for amendment will further the public interest as set forth by
the Adminis trator in Exemption No. 11 566

. As the Administrator held on page 2 of Exemption
No. 11 566 , the FAA found that the enhanced safety achieved using an unmanned aircraf t (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS op eration enabled by this exemption is in the public interest

. Further, there has been no change in the conditions and reasons relative to the pu b lic interes t and safety that were the basis for granting the original exemption.
CDM Smith ’s proposed amendmen t not only furthers the public’s interest as set forth by the Administrator in Exemption No. 11 566 , it also is another step forward in fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, by allowing CDM
Smith to safely, ef

ficiently, and economically operate the proposed UAS commercially within
the NAS.
E. The Reasons Why Granting An Amendment T o Condition And Limitation No. 1 Wou ld Not Adversely Affect Safety.
CDM Smith proposes that it may safely operate the proposed UAS within the NAS
because they are in all material respect s similar to the Phantom 2 Vision UAS and will be operated pursuant to the same Conditions and Limitations set forth in Exemption No. 11 566

. F. A Summary That Can Be Published In The Federal Register
. CDM Smith submits that good cause exists for not publishing a summary of this petition for amendment in the Federal Register because the requested amendment to Exemption No.
11 566 would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner. The Phantom 2 Vision UAS authorized in the original grant of exemption is6

comparable in type, size, weight, speed and operating capabilities to th e proposed UAS and all of the proposed UAS have been the subject of previous Grants of Exemption

. G. Any Additional Information, Views, Or Arguments Available To Support CDM Smith ’s Request. This Petition is made pursuant to the FAA Modern ization and Re form Act of 2012 Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, CDM Smith ’s request for amendment may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Pa rt 11, as set forth above. The respective operating documents for the proposed UAS are attached hereto as the following
Exhibits: 3D Robotics Aero

- M Operating Documents

- (A) Aero

- M Operations Manual, (B) Aero

M Specs ; 3D Robotics X8 Operating Documents

- (C) X8 Operations Manual, (D) X8 Checklist ; DJI Phantom 3 Operating Documents

- (E) Phantom 3 Professional User Manual, (F) Phantom 3 Professional Quick Start Guide, (G) Phantom 3 Professional Safety Guidelines Disclaimer ; DJI S1000 Operating Documents

- (H) S1000 User Manual, (I) DJI A2 Flight Controller Manual; DJI S900 Operating Documents

- ( J ) S900 User Manual, (I) DJI A2 Flight Controller Manual; DJI S800 Operating Documents

- ( K ) S800 User Manual, (I) DJI A2 Flight Controller Manual; DJI Inspire 1 Operating Documents

- ( L ) Inspire 1 User Manual, ( M ) Inspire 1 Maintenance Manual, ( N ) Inspire 1 Quick Start Guide , ( O ) Inspire 1 Safety Guidelines; DJI Flame Wheel 450 Operating Documents

- ( P ) Flame Wheel 450 User Manual, (I) DJI A2 Flight Controller Manual;
DJI Flame Wheel 550 Operating Documents

- ( Q ) Flame Wheel 550 User Manual, (I) DJI A2 Flight Controller Manual; DJI Matrice 100 Operating Documents

- ( R ) Matrice 100 User Manual, (I) DJI A2 Flight Controller Manual ; SenseFly eBee Operating Documents

- ( S ) eBee Extended
U ser Manual ; and SteadiDrone Flare Operating Documents

- ( T ) Flare Product Sheet , (U) 3D Robotics Pixhawk Autopilot Manual.7 CONCLUSION
WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, CDM Smith respectfully requests that the Administrator grant this Petition for an amendment to Exemption No. 1 1 566 to the extent

necessary to allow CDM Smith to operate the 3D Robotics Aero

- M, 3D Robotics X8, DJI Phantom 3, DJI S1000, DJI S900, DJI S800, DJI Inspire 1, DJI Flame Wheel 450 , DJI
Flame Wheel 550 , DJI Matrice 100, SenseFly eBee, and SteadiDrone Flare in addition to the
Phantom 2 Vision UAS under the Conditions and Limitations originally set forth in Exemption No. 11 566

. Dated: September 10 , 2015 Respectfully submitted,
The Aviation Law Firm /s/ Gregory S. Winton Gregory S. Winton, Esq. 1997 Annapolis Exchange Parkway Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 Fax: (866) 568

- 9886 Attorney for Petitioner