!! 1
," Submitted electronically

June 26, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

RE: Petition for Exemption from Certain Federal Aviation Regulations according
to Section 333 of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam:

Guida Surveying, Inc. (GSI) is applying for an exemption from the Code of Federal

R egulations as detailed below

.

The exemption would permit comme rcial operation of a small unmanned aircraft system (UAS) in the national air s pace (NAS) as regulated by the FAA for the following uses :

• Aerial topographical survey and mapping

• Aerial data collection for 3D modeling

• Aerial inspection of job sites

, including home constructions sites, and equipment

• Aerial data collection for photogrammetry

All operations performed by GSI are cost effective and protect the public by reducing
the size of the aircraft from one weighing up to several tons to one weighing less than
55 pounds. In addition, the UA does not use flammable liquid fuel. Instead, it operates

on high

- energy batteries. The UA is flown in the low er strata of controlled and uncontrolled airspace, at 4 00 ft. AGL and below

. GSI commercial operations will be performed according to FAA regulations or amended FAA regulations as permitted
under a Section 333 Grant of Exemption

.Guida"Surveying,"Inc."Section"333"Petition"for"Exemption" 2 BACKGROUND AND REFERENCES

GSI is a full

- service land survey company. The owners and staff of GSI have served their commercial clients and government contracts in California for more than 20 years

. ALTA/ACSM title s urveys , GPS s urveys , t opographic and subdivision mapping

, a erial control surveys, and pre

- c ons truction video s urvey s are but a few of th e services GSI provides

.

Surveyors within the construction industry have traditionally relied on fueled, manned aircraft (fixed wing or helicopter), and in some instances blimps and balloons for aerial photography, photogrammetry, mapping and data collec tion. Due to their large size and the speed and force needed to keep them airborne, t he se manned aircraft are limited in attempting any close

- proximity maneuvers needed for structure inspection or data
collection

.

The survey company must contract l abor and rent equipment not employed or owned by the company

. C oordination of large, fueled aircraft for data collection is restricted to

pre

- planning and favorable weather. Unfavorable weather and market demand on equipment m ay increase costs and delay projects.

When a manned aircraft cannot be used to collect the necessary data , an “in

- person” inspection or survey may be the only option left to a survey company

. “In person” surveys and inspections expose the surveyor to safe ty risks . W hen a surveyor needs to inspect a n acutely angled structure or geographic feature by climbing, falls may happen

. In certain instances, the ground may be unstable and should not be traversed. The

structure or geographic feature being surveyed is also at risk of damage by coming into physical contact with the surveyor.

GSI wishes to increase its effectiveness with its clients and contracting government agencies, increase the safety level of its employees and contracted workers on survey
site s rem ain competitive economically within California by employing a UA S during many of its operations

. Therefore

, GSI is submitting this 333 exemption petition

.

In support of the petition and the FAA’s evaluation process, we reference previously

granted 333 exemption petitions with same or similar stated purposes as follows :

• Aerial mapping, survey, and inspection of buildings exemption no. 11677

, geoResource Technologies, Inc. ; exemption no. 11728

, Alon
SichermanGuida"Surveying,"Inc."Section"333"Petition"for"Exemption" 3 • Aerial data collection for 3D modeling of buildings : exemption no. 11519, M2 Flight Solutions LLC

• Aerial inspection of job sites and equipment, including home construction ; exemption no. 11660

, Lloyd & Associates ; exemption no. 11728

, Alon
Sicherman

• Aerial data collection for photogrammetr y: exemption no. 11624

, Vertical Information Services Inc

DESCRIPTION OF PETITIONER

Since 1988, GSI has provided top land surveying and mapping services throughout
California. C urrently, over fifty percent of Guida Surveying’s contracts are full

- service projects, with land surveying as the core business. Providing on

- call services is the cornerstone that built Guida Surveying into the firm it is today, with California offices in Orange County, San Diego County, and the San Francisco Bay area.

NAME OF PETITIONER

Guida Surveying, Inc.
9241 Irvine Blvd.

Suite 100 Irvine, CA 92618 Telephone: (949) 777

- 2000

AGENT FOR GSI

For technical and administrative questions on this petition, please contact:

Mr. Brian Dyer Remote Pilot Systems Telephone 484

- 680

- 7310

Email: Brian.Dyer @ RemotePilotSystems .com

Submitted separately as confidential documents under 14 CFR Section 11.35 (b) are:

A

– Aibot X

- 6 User Manual

B

– DJI Phantom 2 Vision + User ManualGuida"Surveying,"Inc."Section"333"Petition"for"Exemption" 4 C.

– DJI Phantom 3 User Manual

D.

– Yuneec Typhoon Q500 / Q500+ User Manual

E.

– GSI Flight Operations Manual ( GFOM )

These documents contain proprietary information that is not available to the public and are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

Thank you for your time and attention.

Sincerely

Brian DyerGuida"Surveying,"Inc."Section"333"Petition"for"Exemption" 5 DESCRIPTION OF UNMANNED AIRCRAFT SYSTEM S

GSI wishes to fly in its operations :

• The Aibot X 6

• The DJI Phantom 2 Vision +

• The DJI Phantom 3

• The Yuneec Typhoon Q500

as its survey aircraft.

The Aibot X6

The Aibot X6 is an electric multirotor aircraft configured as a hexacopter in a V

- 6 designed for aerial survey and inspection

. Aibot ix in Germany has delivered more than

200 aircraft since 2011. The flight control system used with the aircraft is designed and manufactured in Germany, has under gone continuous improvement and development

, with all source code modules under company control.

Safety features include:

• Mitigation for loss of radio control link, through programmable emergency
failsafe to controlled descent or, if GPS signal is sufficient, to return to point

of takeoff.

• The pilot may override waypoint programming with manual stick control in case of emergency or route adjustment.

• Telemetry is displayed on the pilot ’s handheld controller and maybe announced by voice.

• The X6 is optimized for aerial survey with safety features to reduce pilot
workload , such as attitude stabilization, GPS satellite

- assisted navigation,
return to home and auto land.

The aircraft is less 1.2 meters, in diameter, is made of carbon

- fiber reinforced polymer in a high visibility color, with protective blade guards surrounding the six rotors, and is designed for a maximum takeoff weight of of less than 15 pounds and a flight time of
about 20 minutes with its dual

- battery power. Maximum speed is about 55 MPH, butGuida"Surveying,"Inc."Section"333"Petition"for"Exemption" 6 GSI treats this limitation as an emergency reserve, and plans no flying at greater than 25 MPH. The aircraft carries no flammable liquid fuel

.

Radio control and video transmission systems meet FCC requirements for operation in the unlicensed spectrum of the 2.4 and 5.8 GHz ranges. Manufacturer warnings about interference from devices operating at or near these frequencies or their harmonics are
documented in the GSI Flight Operations Manual ( GFOM ), along with procedures to ensure radio safety with the UAS

.

The DJI Phantom Models 2 Vision + and 3

The DJI Phantom series are vertical takeoff and landing unmanned aircraft of quadcopter design . The Phantom 2 Vision + is manufactured by DJI out of Shenzhen , China. The

Phantom 2 Vision + remote control operates at an operation frequency of 5.728 GHz

 5.85 GHz meeting FCC requirements fo r operation in the unlicensed sp ectrum of 5.8 GHz ranges. The DJI Phantom 2 Vision + dimensions are 12.5 x 8.1 x 17 inches

Its takeoff weight is less than 2.75 lbs. Maximum speed is less than 30 knots. Safety

features include a failsafe mode of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight c ontroller, with preprogramming of altitude. Flight
duration s can be up to 25 minutes in length, but GFOM advises flights of less time to assure return of aircraft. Pilot in command is warned via telemetry on the flight controller with lighting cues before aircraft reaches a low battery state. Automatic ter mination of flight and landing i s initiated by the operating system when the remainder of battery life is low. If the aircraft exceeds the control range of the remote control, ‘Return

- to

- Home’ will trigger , causing the Phantom 2 Vision+ to fly automatically back to its takeoff point and land safely.

The Yuneec Typhoon Q500 /Q500 +

The Typhoon Q500 series are vertical takeoff and landing unmanned aircraft of quadcopter design . Manufactured by Yuneec International Co. Ltd., the Typhoon Q500 has the world's first Smart Transmitter (the "ST

- 10 series Ground Station" with 10 channels) combining a 2.4GHz radio control transmitter with a 5.8GHz digital video link

. It operates on a built

- in Android touch sc reen. Safety features include Geo Fencing, Home Mode and Return Home. Geo Fencing prohibits the aircraft from exceeding a programmed permitted radius. When activated, Home Mode will automatically return the
aircraft within a 10

- foot radius of its starting point. Should the transmitter signal be lostGuida"Surveying,"Inc."Section"333"Petition"for"Exemption" 7 or visual line of sight with the aircraft impaired, upon signal, Return Home will automatically take control of the aircraft and return it to the operator/base station.

Takeoff weight with manufacture provided c amera and gimbal payload and battery is 3.75
lbs.

The Typhoon Q500 dimensions are 16.5x16.5x8.3 inches with a diagonal of 22.2 inches without rotor blades attached. It can fly up to 25 minutes on its 5400mAh 3S 11.1V lithium polymer battery. Radio control and video transmission systems meet FCC requirements for operation in the unlicensed spectrum of 5.8 GHz ranges. The operating manual of the Typhoon Q500 warns against using the aircraft in areas where radio interference is possible, as does the GFOM.

EX TENT OF RELIEF SOUGHT AND WHY

GSI asks for relief from regulations tabled below, which the authority of the FAA has previously granted in exemption certificates number 11062 along with six others described as “in commonality”, and in number 11109, which are for use of electric

rotorcraft. The GFOM incorporates the conditions and limitations of these grants of exemption, and in some cases imposes stricter limits on its own operations.Guida"Surveying,"Inc."Section"333"Petition"for"Exemption" 8 CFR CODE CITATIONS

14 CFR
PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF
SAFETY

61.113 (a) Private pilot privileges and limitations: pilot in
command Holder of private pilot certificate may not act as pilot in command (PIC) for compensation or hire. Flying for compensation

on survey missions is central to purpose of exemption request. Characteristics of aircraft, VLOS,
und er 400 ft. AGL, trained visual
observer in radio communication with pilot; remote site, construction industry safety protocols enhanced by GSI flight safety plan; PIC with airman’s certification, appropriate medical and vision qualification, currency
in th e aircraft listed on the certificate, pilot training, testing, proficiency with similar and same model UA; and inspection/maintenance are
defined in the GFOM and will ensure equivalent levels of safety.

61.113 (b) Private pilot privileges and
limitations : Pilot in
command Holder of private pilot certificate may act as PIC for compensation or hire if flight is incidental to business or employment and does not carry passengers for compensation or hire. Flying for compensation

on survey missions is central to purpose of exemption request, not
incidental to business or employment. There is no passenger or pilot on
board the UA , thus safety issues are different from a manned flight. GSI’s aircraft have programmable automated safety features and

eme rgency responses, have pre

flight checks for safety beyond commercial manned aircraft, can be geographically restricted by operator with programmable control points, have
communications with the PIC regarding fuel loss and other flight
hazards. PIC will ha ve ground school training certificate and additional 25 hours logged flight
time and 25 hours classroom and
field instruction as stated in
GFOM.Guida"Surveying,"Inc."Section"333"Petition"for"Exemption" 9 14 CFR
PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF
SAFETY

91.119 (c) Minimum safe
altitudes over other than congested

area Operating closer than 500 feet to a person, vehicle, or structure may be necessary for survey and equipment inspection. People will not be allowed over, under or within 500 feet laterally of the aircraft in flight. Some flights may require the participation or guidance of industry personnel, posit ioned as
close as 200 feet. GSI will brief them on safety and obtain necessary consent. Industry site safety rules will be followed.

91.121 Altimeter settings Procedures to set and
confirm altitude do not provide for operation of remote telemetry to UAS pilot. An onboard air pressure sensor and software resolve height
differences as small as one
centimeter. Altitude is controlled by measuring air pressure and the

z

- axis accelerometer/GPS values. The starting point is a relative height measurement calcul ated by the flight controller. Altitude above ground is displayed on the pilot's handheld controller by telemetry, and alarms can signal
conditions of interest. 400 feet AGL is the maximum permissible in the GFOM, which describes altimeter procedures.Guida"Surveying,"Inc."Section"333"Petition"for"Exemption" 10 14 CFR
PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF
SAFETY

91.151 (b) Fuel requirements for flight in VFR
conditions Rotorcraft under VFR must carry enough fuel to reach first landing point
and then another 20
minutes. The multirotor aircraft specified in this petition is designed to fly
missions of 25 minute
dur ations. On aircraft specified, battery voltage under load is displayed on the pilot's handheld controller during flight. Battery chemistry does not support adequate current discharge below about 3 v per cell. Circuitry in the onboard flight
controller mea sures voltage and will start a failsafe procedure to
land before summed minimums
are reached. In the event that one or more cells fail, these minimums may be reached sooner than expected, due to rapid current drain against a smaller number of functioning c ells. GSI pilots are trained to monitor voltage and recognize abnormal discharge in flight and to land sooner than forced. If 20 minutes of flight time or 25% of reserve voltage under load is reached, pilot must commence landing.

91.405 (a) Maintenance

r equired Required inspections and discrepancies repaired
between the required inspections pertain to
certificated manned aircraft and procedures conducted by licensed maintenance personnel. In
the absence of certification requirements for UAS and
UAS mainte nance personnel, reasonable
alternatives must be developed to maintain equivalent levels of safety. GSI will document maintenance, overhaul, replacement and inspection requirements in the
absence of manufacturer's requirements; will document and
maintain maintenance records and technician qualification criteria in
the GFOM.Guida"Surveying,"Inc."Section"333"Petition"for"Exemption" 11 14 CFR
PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF
SAFETY

91.405 (b) Maintenance
records Qualifications for maintenance personnel for
UAS were not contemplated by these regulations, and a
reasonable alternative must be developed to maintain equivalent levels of safety. Qualifications, competence and testing for maintenance personnel
are defined in the GFOM.

91.407 (a) (1) Operation after maintenance, preventive maintenance, rebuilding, or
alteration There is no authorization procedure for a person who can approve a return
to service of an UAS , and
a reasonable alternative must be developed to maintain equivalent levels of safety. Procedures for the PIC to test then approve a return to service
after m aintenance are defined in
the GFOM.

91.409 (a) (1) Inspections Annuals conducted by a qualified inspector require
authorization criteria for that inspector, not yet
defined for UAS . A
reasonable alternative must be developed to maintain equivalent level s of safety. Schedules for inspection and responsibilities of the PIC and qualified technician are described
in the GFOM.

91.409 (a) (2) Inspections Issuance of airworthiness
certificates for UAS under 55 pounds operated VLOS is not contemplated by
the se regulations Airworthiness is the responsibility
of the PIC and the technician as
defined in the GFOM.Guida"Surveying,"Inc."Section"333"Petition"for"Exemption" 12 14 CFR
PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF
SAFETY

91.417 (a) Maintenance
records Regulations do not contemplate requirements or approval processes for
maintenance and inspection of
uncertificated UA S

, however a reasonable
alternative must be developed to maintain equivalent levels of safety. The operator will maintain records according to the procedures specified in the GFOM.

91.417 (b) Maintenance
records Retaining and transferring
records of maintenance and defects according to standards prescribed for
authorized maintenance and inspection is not contemplated in the regulations for UAS . A
reasonable alternative is necessary to maintain equivalent levels of safety. Records and documentation will be kept for all maintenance performed, defects, and for all components specified in the

GFOM.

PILOT IN COMMAND AND CREW

The pilot in command (PIC) must hold an a ir man’s certification recognized by the FAA

such as an airline t ransport , commercial, private, recreational, sport pilot, or glider pilot (powered or non

- powered) and must comply with the training and testing specified in the

GFOM . The PIC must hold a current FAA airman medical certificate as required by the class of airman certification. In the case of the sport pilot certification, the PIC must

possess a valid U.S. driver’s license issued by a S tate, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC mus t comply with the training and testing specified in the operator’s manual. The PIC must remain in radio
communication with a visual observer who complies with the training and test ing specified in the operator’s manual. The pilot must be able to acquire th e aircraft with hisGuida"Surveying,"Inc."Section"333"Petition"for"Exemption" 13 own vision according to eye standards for a third class airman medical certificate or valid driver’s license according to the issuing State

. The PIC must operate within visual line of sight only, and be able to see the attitude and orientation of the aircraft by them self . If GPS or magnetometer is compromised, certain safety features may not operate, and the pilot must understand by their training and experience how to recover control.

OPERATION OF THE UNMANNED AIRCRAFT

The aircraft will be under the operational control of GSI

.

1. The aircraft used for survey operations by GSI will be the Aibot X6 , the DJI

Phantom 2 and 3 series, and the Yuneec Typhoon Q500 series as described in

the GFOM , unless the FAA approves a further amendment to this petition.

2. The PIC will hold a transport, commercial, private, recreational, sport pilot or glider (powered or non

- powered) airman certific ate, and must meet the medical and vision standards, as well as the flight review requirements, appropriate to th at certificate, according to 14 CFR § 61.56.

3. GSI pilots will operate at less than 400 feet AGL, in daylight hours only

, and within visual line of sight of the PIC, five (5) nautical miles or more away
from a airport reference point as denoted in the current FAA Airport / Facility Directory (AFD) or as denoted in the current FAA / facility directory published charts, and use a G FOM

- qualified visual observer in radio

communication with the PIC.

4. Manufacturer’s limitations of the aircraft will not be exceeded, and GSI ’s operations will adhere to power reserves and lower operational limits
described in the G FOM.

5. Preflight inspection by the PIC, an d inspection and maintenance procedures will be followed according to the G FOM, and will be properly documented and signed for by an authorized technician who has completed training specified in the G FOM.

6. Test flights by the PIC in connection with main tenance requirements will be
documented.Guida"Surveying,"Inc."Section"333"Petition"for"Exemption" 14 7. Manufacturer systems and safety bulletins will be followed, and flight critical components will be monitored and replaced when specified in the G FOM.

8. Discrepancies discovered between inspections will be docu mented by GSI maintenance personnel.

9. If visibility is less than three (3) statute miles from the PIC, the aircraft may not be operated less than 500 feet below a cloud, or less than 2000 feet horizontally from a cloud

10. The PIC must follow emergency procedures as described in the G FOM in event of lost link, degraded navigation signals, or appearance of unauthorized persons within the secure flight perimeter.

11. A commercial Certificate of Authorization (COA) , if required by the FAA,
will be obtained according to FAA’s designated procedure before any operations requiring such a COA are conducted, and Notices to Airmen will be filed in accordance with FAA requirements.

12. An N

- Number will be obtained for all aircraft operated.

13. RF spectrum will be used in compliance with FCC requirements.

14. Documents required by 14 CFR 91.9 and 91.203 will be available to the PIC at the point of flight and control, and will be produced upon request by any authority.

15. The aircraft will remain clear of and yield right of way to all manned aviation operations and activities at all times.

16. The PIC will operate the aircraft from a stationary ground position and not from any moving device or vehicle.

17. No operation o ver congested or densely populated areas is allowed, unless PIC follows procedures to obtain FAA permission if required

.

18. The safety of people and property is paramount, and no operations may be
conducted within 500 feet of non

- participants or their property unless conducted according to safety procedures in the GFOM , which are approved by the FAA.Guida"Surveying,"Inc."Section"333"Petition"for"Exemption" 15 19. All operations will be conducted over controlled access property for which permission has been obtained prior to flight, and for which safety briefings
have b een completed according to the G FOM.

20. All incidents, accidents, and transgressions of allowed flight boundaries will be reported as required by FAA and NTSB.

BENEFIT TO THE PUBLIC

Approval of exemptions all owing GSI commercial operations of UAS s will enhance safety by reducing risk. By removing the use of conventional jet fueled aircraft weighing

in tons for light weight , battery operated UA s in restricted areas for aerial inspection, geo

mapping and image and film capture, is more environmentally sound and safe. The use of battery powered UA s will provide a smaller en vironmental footprint, increase safety be
d ecrea sing manpower and separate the aircraft operators form the craft. The use of the specified UA s further protects the public by being used in restricted environments and reducing impact hazards.

REASONS WHY THE EXEMPTION WOULD NOT ADVERSELY AFFECT
SAFETY

The survey aircraft will be operated in accordance with safety protocols defined in the

G FOM, for which we request approval by the FAA according to its authority granted by Congress in Section 333 of the FAA Modernization and Reform Act of 2012.

The s urvey aircraft carries no person, cargo, or flammable liquid fuel. Its size and weight are a small fraction of any manned aircraft, and its safety systems reflect best design practices in the UAS industry.

In addition, GSI will keep the approved GFOM at its ground control station. The PIC will have immediate access to it. Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not adversely affected when the approved Aircraft Flight Manual is kept at the ground control s tation of a UAS , where it can be immediately accessed by the PIC.Guida"Surveying,"Inc."Section"333"Petition"for"Exemption" 16 When properly operated by trained pilots, a well

- designed UAS can stay clear of people and property on the ground and in the air. Procedures, airmanship skills, training and testing requirements for UAS personnel in the GFOM will let the operator achieve safety levels in the NAS and on the ground that are equivalent to or greater than that in manned

aviation

SUMMARY FOR PUBLICATION

The following summary may be published in the Federal Register:

GSI requests an exemption from:

14 CFR Parts 61.113 (a) and (b) 14 CFR Parts 91.119 (c), 91.121, 91.151 (b), 91. 405 (a) and (b), 91.407 (a) (1), 91.409 (a) (1), 91.409 (a) (2), 91.417 (a)

in order to operate a small unmanned aircraft system ( UAS ) for purposes of aerial inspections and monitoring, aerial geo

- mapping and aerial imaging and filming and aerial
data c ollection. The PIC will be appropriately qualified with a current FAA approved pilot certificate for UAS operation and specialized training.

Aerial t opographical survey and mapping, a erial data collection for 3D modeling of buildings , a erial inspection o f job sites and equipment, including home construction, and

a erial data collection for photogrammetry are conventionally done by manned aircraft operations which use jet fuel and weigh upwards of 5,000 lbs. These operations must fly
the aircraft to and fro m the operation’s location. The use of the Aibot X6, the DJI

Phantom 2 Vision + and / or the Yuneec Typhoon Q500, all of which weigh less than 15
lbs. and are equipped with flight control and safet y features that prevent flyaways,

minimize s the risk from that of a manned aircraft to people and property allowed within
and outside the zone of operations.

Flight operations outside the secure areas are not allowed. T here are no impacts to privacy.