November 1 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations
Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, Renee Gorrell, Vice President of CSE Software Inc. , the operator of small Unmanned Aircraft Systems ("sUAS"), seeks an exemption from the Federal Aviat ion Regulations ("FARs") listed and discussed below. The requested exemption would permit commercia l operation of CSE Software Inc.’s sUAS's, which weigh approximately 5l bs. and performs aeri al surveys and videography that consists of still photographs and videography taken by on bo ard cameras. The sUAS's takes a series of high quality, still digital images and video that are us ed to promote technology services in Peoria, IL

. Use of the sUAS for aerial inspections and surveys reduce the need to utilize conventional manned aircraft, manned lifting devices or manned climbing for the same purpose and provides very high quality imagery at a fraction of the cost. These sav ings result in enhanced safety, efficiency and productivity for the affected activities, as well as environmental benefits. Operations under the exemption will be subject to strict operating req uirements and conditions to ensure at least an equivalent level of safety to currently aut horized operations using manned aircraft and under conditions as may be modified by the FAA as requ ired by Section 333. As described more fully below, the requested exemption would authorize commercial operations of aerial photos an d inspections or surveys using the sUAS's, which weigh less than 5 lbs. and are small in size. (See Appendix A O&M manual for the DJI Phantom 3 Professional). The sUAS's wi ll be ope rated under controlled condi t ions at low altitude in airspace that is limite d in scope, as described more fully herein; it will have automate d control features as described below and in the O&M manuals. The sUA ’ S also will be operated by an individual who has FAA Rotorcraft Private Pilot License and has a current medical certification. Finally, t h e airspace in which the sUA’ S will operate will be Class G airspace or airspace approved by the F AA in advance.2

CSE Software Inc. respectfully submits that because these small, unmanned aerial vehicles will be used in lieu of com paratively hazardous operations now conducted with fixed wing and rotary conventional aircraft or other manned means of inspections, the FAA can have confidence that the operations will achieve at least the equivalent level or greater level of safety. Approval of the exemptions would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities und er Section 333(c) of the Reform Act to "establish requirements for the safe operation of such a ircraft systems i n the national airspace system." The name and address of the applicant are: CSE Software Inc. Att n : Renee Gorrell Ph: 309

- 670

-7595 Fax: 309

- 263

-0127 Email: rgorrell@csesoftware.com Address: 316 SW Washington St. Suite 300, Peoria IL 61602 The regulations from which the exemption is requested are as follows: 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133 (a); 14 C.F.R. 91.7(b); 14 C.F.R. 91.9(b)(2); 14C.F.R. 91.109(a); 14 C.F.R. 91.119; 14 C.F.R. 91.121; 14 C.F.R. 91.151 (a); 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2}; 14 C.F.R. 91.417(a) & (b). **The Applicable Legal Standard under Section 333** CSE Software Inc. submits that grant of this exemption application for use of the proposed UAS's in precision aerial inspections will advance the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of UASs into the national airspace system ("NAS") if it can be accomplished safely. This law directs the Secretary of Transportation to consider whether certain UASs may operate safely in the NAS before completion of the rulemaking required under the Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to nation al security in the light of the following:3

• The UAS's size, weight, speed and operational capabili ty; • Operation of the sUAS in closed proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator. Reform Act §333{a)(1). If the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirement for the safe operation of such aircraft in the national airspace system." ld. §333(c) (emphasis added). 1 The Federal Aviation Act expressly grants the FAA the authority to issue exemptio ns. This statutory authority, by its terms, includes exempting civil aircraf t, as the term is defined under §40101 of the Act, from the requirement that all civil aircraft mu st have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:
The Administra tor may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of the sections 44702

- 44716 of this title if the Administrator finds the exemption is in the public interest. The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equi valent level of safety surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to UASs for aerial inspections and survey photography

. Accordingly, the applicant respe ctfully requests that the FAA grant the requested exemption without delay. **Airworthiness of the sUAS** A critical element of the exemption application involves evidence of the airworthiness oft he sUAS. The Federal Aviation Act (49 U.S. C. §44701 (f) and Section 333 of the Reform Act 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 particular sUAS. Our small UAS's will operate at low speed in a controlled environment, at least five miles from an airport or densely populated area. 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 a least as safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed.

1 Applicant submits that this provision places a duty on the Administrator to not only process applications for exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require modification in order to allow approval, to supply conditions for the safe operation of UAS. Todd Thomas dba Drone Pies welcomes the opportunity to consult with FAA staff in order to address any issues or concerns that th is proposal may raise that they believe may require modification. 49 U.S.C. §44701(f). See also 49 U.S.C. §44711 (a); 49 U.S.C. §44704; 14 C.F.R. §91.203(a)(1).4

**Mandatory Operating Conditions (see**  **Appendix A**
**- E**  **)** Grant of the exemption to CSE Software Inc. will be subject to the following mandatory conditions, which are based upon operating conditions set forth for operation of sUAS by public entities pursuant to Certificate s of Authorization, with additional restrictions: • All operations to occur in Class G airspace. • Operations to avoid congested or populated areas, which are depicted in yellow on VFR charts. • Operations to be conducted over private or controlled

- access property. • Permission from land owner/controller required before commencing flight. • Operations to occur during Visual Flight Rules Meteorological Conditions (VMC). • Aircraft to remain within Visual Line of Sight (VLOS). • Operations to occur during da ylight hours. • Above Ground Level (AGL) altitude to be restricted to 400 feet. • All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline of runway centerline measured from runway thresholds • All required permissions and permits will be obtained from terri torial, stat e, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.
**Operator Requirements** CSE Software Inc. respectfully purposes that operato r requirements should take into account the characteristics of the particular UAS. Certain UASs, such as the DJI Phantom 3 Professional are characterized by a high degree of control and various built

- in technical ca pabilities that limit the potential for operation outside of the operat ing conditions set forth above. Please see further deta ils in the attached Appendix A, O&M manuals. Additional automated safety functions and safety enhancing fea tures of the sUAS's include the following: • Auto

- pilot detect ion of lost GPS or of insufficient satellites initiates an immediate return to aircraft take

-off location ("home"). • Low power on the aircraft triggers escalating alarms at GCS. • If the auto

- pilot detects a lost

- link to the GCS, landing procedure begins. Given these safety features, CSE Software Inc. proposes that operators of the sUAS shou l d not be required to hold a commercial pilot certification. Instead, operators should be required to: • Hold a private pilot license and have a current medical certification. • Have completed the manufacturer's training or a minimum of 10 hours training program for operation of the sUAS's.
CSE Software Inc. notes that the FAA has found that safety factors permitted operation of sUASs by operators with these qualificat ions in the case of operations pursuant to public COAs when the mandatory operating conditions specified above were present. See5

Federal Aviation Administration, Notice N

-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20

- 21 (July 30, 20 13). The FAA has the statutory authority to grant exemptions to the requirements for and privileges associated with the grant of airmen's certificates. 49 USC §44701 (f). In summary, applicant seeks an exemption from the FARs set forth above to allow comm ercial operations of a sUAS's conducting precisi on aerial inspections or survey work. Approval of the exemption allowing commercial operations of the sUAS for precision Inspection and survey work will enhance safety by reducing risk

. The sUAS will carry no passengers or crew and, therefore; will not expose any individuals to the risks associated with manned aircraft flights, manned lifts or climbing hazards. Additionally, no national security issue is raised by the grant of the requested exemptions. Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives or other dangerous materials, the sUAS poses no threat to national security.
The sUAS's satisfaction of the criteria set forth in Section 333 of the R eform Act

-size, weight, speed, operating capabilities, lack of proximity to airports and populated areas, operation within visual line of sight, and national security

- and its showing of an equivalent level of safety as it may relate to the requirement for FAA training, provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of the sUAS in th e commercial aerial inspection and survey business.
Sincerely,

Renee M. Gorrell Vice President CSE Software Inc. Enclosures: A ppendix A : Phantom 3 Professional Operation and Maintenance User Manual Appendix B : Phantom 3 Safety Guidelines Disclaimer Appendix C : Phantom 3 Intelligent Flight Battery Safety Guidelines Appendix D : Phantom 3 Quick Start Guide Appendix E: Phantom 3 In the Box