UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

CDM SMITH INC. FOR AN EXEMPTION SEEKING RELIEF F ROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATION S SECTIONS 61.113(a) & (b), 91.7(a), 91.121 , 91.151(b ), 91.405(a), 91.407(a)( 1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE

DJI PHANTOM 2 VISI ON UNMANNED AIRCRAFT SYSTEM

PURSUAN T TO SECTION 333 OF THE F AA MODERNIZATION AND REFORM ACT OF 2012 ( PUBLIC LAW 112

- 95)

Submitted on February 1 8
, 201 5

G REGORY S

. W INTON , E SQ

. J ARED M. A LLEN , 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 Attorneys for Petitioner2 TABLE OF CONTENTS
Page

GLOSSARY OF ABBREVIATIONS

................................ ................................ ................. 3

SUMMARY

................................ ................................ ................................ ......................... 4

INTRODUCTION AND INTERESTS OF PETITIONER

................................ ................. 4

BACKGROUND

................................ ................................ ................................ ................. 4

BASIS FOR PETITION

................................ ................................ ................................ ...... 5

NAME AND ADDRESS OF PETITIONER

................................ ................................ . 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CDM SMITH INC. SEEKS EXEMPTION

................................ ................................ ................................ ... 8

THE EXTENT OF RELIEF CDM SMITH INC. SEEKS AND THE REASON CDM SMIT H INC. SEEKS THE RELIEF

................................ ................................ ............ 1 1

THE REASONS WHY GRANTING CDM SMITH INC. 'S REQUEST WOULD BE IN THE PUBLIC INTEREST

................................ ................................ ..................... 1 5

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

................................ ................................ .............. 1 8

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGIS TER

.......... 3 3

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT CDM SMITH INC. 'S REQUEST

................................ ....................... 3 3

CONCLUSION

................................ ................................ ................................ ................. 3 43 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level
AOI Area of Interest
AT C Air Traffic Control
ATO Air Traffic Organization
C.F.R. Code of Federal Regulation s COA Certificate of Authorization
FAA Federal Aviation Administrati on
FAR Federal Aviation Regulation
FCC Federal Communications Commission
GCS Ground Control Station
GPS Global Positioning System
NAS National Airspace System
NOTAM Notice to Airmen
OEM Original Equipment Manufacturer
PIC Pilot I n Command

RTH Return To Home
Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333
UA Unmanned Aircraft
UAS Unmanned Aircraft System
VFR Visual Flight Rules
VLOS Visual Line of Sight
VMC Visual Meteorological Conditions
VO Visual Observer
VTOL Vertical Takeoff and Landing4 SUMMARY

CDM Smith Inc. seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b),

91.7(a), 91.121, 91.151(b ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)
, to operate an Unmanned Aircraft System pursuant to Section 333 of the F AA Modernization and

Reform Act of 2012 (FMRA)

. This exem ption will permit CDM Smith Inc. to operate an

Unmanned Aircraft System (UA S ) for the commercial purpose of conducting aerial acquisitions
within the National Airspace System (NAS).

INTRODUCTION AND INTERESTS OF THE PETITIONER

CDM Smith Inc. (hereinafter referred to as “ CDM Smith ”) is a leading global consulting,
engineering, construction, and operation s firm of more than 5,000 professionals delivering
integrated solutions in water, environment, transportation, energy and facilities. CDM Smith’s
world headquarters are located in Cambridge, Massachusetts.

BACKGROUND
Unmanned Aircraft System: Phantom 2 Vision UAS

CDM Smith seeks an exemption to operate the DJI Phantom 2 Vision UAS (Phantom 2

Vision UAS) for compensation or hire within the NAS

. The Phantom 2 Vision UAS is
comprised of a vertical takeoff and landing (VTOL) U nmanned A ircraft (UA ) and a
transportable G round C ontrol S tation (GCS) . The Phantom 2 Vision UA has a maximum gross
weight of approximately 5 .5 pounds ; measures approximate ly 12 inches in length, 12 i nches in

width
, and 7 inches in height; and has maximum speed of approximately 30 knots . The Phantom

2 Vision UA is equipped with four rotors , each being driven by a Lithium Polymer b attery
powered electric motor.5

The Phantom 2 Vision UA that will be operated by CDM Smith will be registered in

accordance with 49 U.S.C. 44103
, Registration of Aircraft
, as well as 14 C.F.R Part 47, Aircraft

Registration
, and marked in accordance with 14 C.F.R. Part 45
, Identif ication and Registration
Marking

.
BASIS FOR PETITION

Petitioner, CDM Smith Inc.
, by and through undersigned counsel, pursuant to the
provisions of t he Federal Aviation Regulations ( 14 C.F.R. § 11.61) and the FAA Modernization

and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems
, hereby petitions the Administrator to operate the Phantom 2 Vision UAS with in the N ational

A irspace S ystem (NAS)
, and for an exemption from the requirements of 14 C.F.R §§ 61.113(a)

& (b), 91.7(a), 91.121, 91.151( b ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)

& (b).

I n consideration of the size, weight, speed, and limited operating area associated with the
unmanned aircraft and its operation, CDM Smith ’s operation of the Phantom 2 Vision UAS

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness

certificate in accordance with 14 C.F.R. P art 21, Subpart H.
Accordingly
, CDM Smith requests relie f from Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for

maintenance that only apply to aircraft with an airworthiness certificate.

CDM Smith submits that the requested rel ief is proper since an equivalent level of safety

will be ensured. All m aintenance, alterations, or preventive maintenance of the Phantom 2

Vision UAS performed by CDM Smith will be in accordance with the methods, techniques, and
practices prescribed in the operating documents (i.e., the Phantom 2 Vision User Manual, the6

Phantom 2 Vision Quick Start Guide
, the Phantom 2 Vision Checklist s , the Smart Flight Battery
Safety Guidelines and the Phantom Pilot Training Guide)

. Furthermore, only the Original
Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher level
inspections and maintenance per the operating documents and OEM standards. CDM Smith will

document and maintain all mainte nance records for the Phantom 2 Vision UAS.

Relief from certain requirements of Section 61.113(a) and (b)
, entitled Private pilot
privileges and limitations: Pilot in command
, is requested by CDM Smith to the extent necessary

to allow the propo sed UAS flight operations to be conducted by a Pilot in Command ( PIC )
holding a private pilot certificate , as well as a n airman medical certificate, and who has

demonstrated, by meeting m inimum flight

- hour and currency requirement s , that the PIC is able
to safely operate the Phantom 2 Vision UAS in a manner consistent with this exemption,
including evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

CDM Smith seeks relief from Section 91.7(a) , entitled Civil aircraft airworthiness
,
because the Phantom 2 Vision UAS does not require an airworthiness certificate in accordance

with 14 C.F.R. P art 21, Subpart H. As such, CDM Smith submits that it will ensure that the

Phantom 2 Vision UAS is in an airworthy condition
, prior to every flight
, by determining that the
UAS is in compliance with the operating documents (i.e., the Phantom 2 Vision User Manual,

the Phantom 2 V ision Quick Start Guide, the Phantom 2 Vision Checklists , the Smart Flight
Battery Safety Guidelines and the Phantom Pilot Training Guide) , and that the aircraft is in a
condition for safe flight

.
CDM Smith also seeks an exemption from the requirements of Section 91.121, entitled
Altimeter Settings
, because the altitude reporting equipment of the Phantom 2 Vision UAS is set7

to zero feet above ground level (AGL), rather than loca l barometric pressure or field altitude,
before each flight. The a ltitude information of the Phantom 2 Vision UA is provided to the PIC

via a barometric pressure sensor, Global Positioning System (GPS) eq uipment, and a radio
communications telemetry data link, which downlinks from the UA to the GCS for active
monitoring of the flight path

. A level of safety equivalent to Section 91.121 will be ensured as

the altitude of the Phantom 2 Vision UA will be reported to air traffic control (ATC) in feet

AGL, and CDM Smith will operate the Phantom 2 Vision UA within visual line of sight, at or

below 400 feet AGL

. Additionally, CDM Smith seeks an exemption from the requirements of Section

91.151( b ), entit led Fuel requirements for flight in VFR conditions

. CDM Smith submits that
safety will not be affected by operation of the Phantom 2 Vision UA during daylight hours in
visual meteorological conditions (VMC) under visual flight rules (V FR)
, with enough battery

power to fly for a total duration of 20 minutes to the first point of intended landing and,
assuming normal cruising speed, to fly after that for at least five minutes (i.e., 2 0 percent battery

power remaining )

. In accordance with 14 C.F.R. § 11.81, CDM Smith provides the following information in
support of its petition for exemption:

A. Name A nd Address Of T he Petitioner.

The name and address of the Petitioner is:

CDM Smith Inc. 50 Hampshire St reet Cambridge, MA 021398

The point of contact for this P etition 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

- 9886 Ema il: Greg@aviationlawexperts.com

B. T he Specific Sections Of 14 C.F.R. From Which CDM Smith Seeks Exemption.

1. CDM Smith Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113 , entitled Private pilot privileges and limitations: Pilot in comm and
,
subsections (a) and (b) prescribe th e following, in relevant part:
( a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that pe rson, for compensation or hire, act as PIC of an aircraft.
(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only incidental to that business or employment; a nd
(2) The aircraft does not carry passengers or property for compensation or hire.

2. CDM Smith Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91. 7 , entitled Civil aircraft airworthiness , subsection (a), states the follow ing :
(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3

. CDM Smith Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121 , entitled Altimeter settings , subsection (a), states the following, i n part:
(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to

-- (i) The current repor ted altimeter setting of a station along the route and within 100 nautical miles of the aircraft;9 (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate a vailable station; or
(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure;

4

. CDM Smith Seeks Exemption From The Requirements Of S ection 91.151 ( b )

.
Section 91.151
, entitled Fuel requirements for flight in VFR conditions
, subsection ( b ),

state s the following:
(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather condition s) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5

. CDM Smith Seeks Exemption F rom T he R equirement O f Section 91.405(a)

.
Section 91. 405
, e ntitled Maintenance required
, subsection ( a )
, states the follow ing :
Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragr aph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter [.]

6

. CDM Smith Seeks Exemption F rom The Requirements Of Section 91.407(a)(1)

.
Section 91. 407
, entitled Operation after maintenance, preventive mainte nance,
rebuilding, or alteration , subsection (a)(1)
, state s the following:
(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter [.]

7

. CDM Smith Seeks Exemption F rom The Requirements Of Sections 91.409(a)(1) A nd 91.409( a)(2 ).

Section 91.409
, entitled Inspections , subsection (a)
, state s the following:10

(a) Except as prov ided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a p erson authorized by § 43.7 of this chapter; or
(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8

. CDM Smith Seeks Exemption From The Requirements Of Section s 91.417(a) A nd 91.417 (b)

.
Section 91.417
, entitled Maintenance records , subsections (a) and (b), state the
following:
(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specif ied in paragraph (b) of this section:
(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the ai rframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and
(ii) The date of completion of the work performed ; and
(iii) The signature, and certificate number of the person approving the aircraft for return to service.
(2) Records containing the following information:
(i) The total time in service of the airframe, each engine, each propeller, and each r otor.
(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.11 (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness direc tives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) C opies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
(b) The owner or operator shall retain the following records for the periods presc ribed:
(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.
(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.
(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C

. The Extent Of Relief CDM Smith Seeks And The R eason CDM Smith Seeks The Relief

.
1. Extent of Relief CDM Smith Seeks And The Reason CDM Smith Seeks Relief From Section 61.113(a) And (b)

. Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:

Pilot in command
, is requested to the extent necessary to allow a PIC holding a private pilot

certificate , as well as an airman medical certificate, and who has met certain flight

- hour and
currency requirements
, to conduct the proposed UAS flight operations for compensation or hire

.
This relief is re quested since the limitation s set for th in Section 61.113(a) and (b) state

that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection wit h any12

business or employment if : (1) The flight is only incidental to that business or employment; and
(2) The aircraft does not carry passengers or property for compensation or hire.
As set forth more fully below, CDM Smith submits that an equivalent level of safety will
be maintained because no PIC will be allowed to operate the Phantom 2 Vision UAS unless that

PIC has met certain flight

- hour and currency requirements, demonstrat ing that the PIC is able to
safely operate the Phantom 2 Vision UAS in a manner consistent with the operations
specifications as set forth herein , including evasive and emergency maneuvers, as well as

mainta ining appropriate distances from people, vessels, vehicles and structures.

Further, CDM Smith submits that all flights o f the Phantom 2 Vision UAS
, conducted by

the PIC pursuant to the grant of this Petition : (1 ) will be incidental to CDM Smith ’s business;

and (2) will not carry passengers or property for compensation or hire.

2. Extent of Relief CDM Smith Seeks And The Reason CDM Smith Seeks Relief From Section 91. 7(a)

.

R elief fr om Section 91. 7( a) entitled Civil aircraft airworthiness
, is requested to the extent
required to allow CDM Smith to determine that the Phantom 2 Vision UAS is in an airworthy

condition prior to every flight by ensuring that the UAS is in c ompliance with the operating

documents (i.e., the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start Guide,

the Phantom 2 Vision Checklists , the Smart Flight Battery Safety Guidelines and the Phantom
Pilot Training Guide)

.
CDM Smith seeks the requested relief because the Phantom 2 Vision UAS does not
require an air worthiness certificate in accordance with 14 C

. F

. R

. P art 21, Subpart H

. Therefore,

CDM Smith will ensure that the Phantom 2 Vision UAS is in an airworthy condition based up on

its compliance with the operating documents prior to every flight, and further, determine the

aircraft is in a c ondition for safe flight, as stated in the conditions and limitations below.13

3

. Extent of Relief CDM Smith Seeks And The Reason CDM Smith Seeks Relief From Section 91. 121

.
Relief from Section 91.121 , entitled Altimeter settings , may be required to allow flight
operations of the Phantom 2 Vision UAS, because the Phantom 2 Vision UA’s altitude reporting
equipment may be set on the ground to zero feet AGL, rather than local ba rometric pressure or
field altitude, before each flight. The Phantom 2 Vision UAS utilizes a barometric pressure
sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude

information from the UA to the PIC at the ground control station ( GCS )

. Considering the limited altitude of the proposed operations, relief from 14 C

. F

. R

. §

91.121 is sought to the extent necessary to comply with the applicable conditions and limitations

stated bel ow. As more fully set forth herein
, a level of safety equivalent to Section 91.121 will

be ensured as the altitude of the Phantom 2 Vision UA will be reported to air traffic control
(ATC) in feet above ground level (AGL), and CDM Smith will ope rate the Phantom 2 Vision

UA within visual line of sight, at or below 400 feet AGL.

4

. Extent O f Relief CDM Smith Seeks And The Reason CDM Smith Seeks Relief From Section 91.151( b )

.

R elief from Section 91.151( b ) entitled Fuel requirements for flight in VFR conditions
, is
requested to the extent required to allow flights of the battery powered Phantom 2 Vision UA
during daylight hours in visual meteorological conditions (VMC)
, under visual flig ht rules

( VFR ) for a total duration of 20 minutes to the first point of intended landing and, assuming
normal cruising speed, to fly after that for at least five minutes (i.e., 2 0 percent battery power
remaining )

. CDM Smith seeks the requested relief because without an exemption from Section

91.151( b ), the flight time duration of the battery powe r ed Phantom 2 Vision UA will severely14

constrain the practicality of any aerial acquisition and research flight operations that CDM Smith

propose s to conduct pursuant to this Petition.
Significantly, as set forth below, the technical spec ifications of the Phantom 2 Vision

UAS, the Phantom 2 Vision UAS operating documents , and CDM Smith ’s proposed operating

limitations
, ensure that CDM Smith will safely operate the battery powered Phan tom 2 Vision

UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules

( VFR )
, with enough battery power to fly f or a total duration of 20 minutes to the first point of
intended landing and, assuming normal cru ising speed, to fly after that for at least five minutes

(i.e., 2 0 percent battery power remaining )

.
5

. Extent O f Relief CDM Smith Seeks And The Reaso n CDM Smith Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only
apply to aircraft wit h an airworthiness c ertificate, CDM Smith requests relief from these Sections

because the Phantom 2 Vision UAS does not require an airworthiness certificate. A s set forth

more fully below, the Phantom 2 Vision UAS meets the conditions of Section 333 of the FMRA
for operation without an airworthiness certificate

.
All maintenance, alterations, or preventive maintenance on the UAS of the Phantom 2
Vision UAS performed by CDM Smith will be in accordance with t he methods, techniques, and
practices pr escribed in the operating documents (i.e., the Phantom 2 Vision User Manual, the

Phantom 2 Vision Quick Start Guide
, the Phantom 2 Vision Checklists
, the Smart Flight Battery
Safety Guidelines and the Phantom Pilot Training Guide). Furthermore, only the Original
Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher level1 5

inspections and maintenance per the operating documents and OEM standards. CDM Smith will

document and maintain all maintenance records for the Phantom 2 Vision UAS.

D

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

.
Gr anting the present Petition will further the public interest by allowing CDM Smith to
safely, efficiently, and economically perform aerial acquisition s and research within the NAS
, commercially, in support of government entities, agriculture, s cientific studies, railroad industry
,
and the oil and gas industries. Additionally, use of the Phantom 2 Vision UAS will decrease
congestion of the NAS, reduce pollution, and provide significant benefits to the economy.
Notably, the benefits of CDM Smith ’s proposed operation of the Phantom 2 Vision UAS will be
realized without implicating any privacy issues.

1. The Public Will Benefit From The Aerial Acquisition And Research Performed.

CDM Smith submits this Petition to commercially operate the Phantom 2 Vision UAS

and perform aerial acquisition s within the NAS , in support of government entities, agriculture,

scientific studies, mining, and industry (e.g., railroad, gas, and oil industries ) . The Phantom 2

Vision UAS will provide safe, efficient, and economical aerial acquisition and research
operations to further each of these fields, all of which are critical to the well

- being of the general
public.
The specific operations that CDM Smith will perform with the Phantom 2 Vision UAS
demonstrate how the requested exemption will directly benefit the above

- refere nced industries
and the public. In the railroad
, oil
, and gas industries , the Phantom 2 Vision UAS will be used

to : aid in facility inspections ; survey and plan new worksites ; survey of damage cause by storms,

natural disasters
, and accidents ; an d perform right of way analysis. The Phantom 2 Vision UAS16

may also further environmental management by mapping deforestation and surveying point
source pollution.

2. The Public Will Benefit From Decreased Congestion Of The NAS.

The Phantom 2 Vision UA is battery powered and serves as a safe, efficient, and
economical alternative to the manned aircraft traditionally utilized to o btain aerial imagery. By
reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption
allowing the use of a Phantom 2 Vision UAS would reduce the amount of manned aircraft in the
NAS, reduce noise and air pollution, and incre ase the safety of life and property in the air and on
the ground.
Furthermore, by reducing the number of manned aircraft operating in the NAS,
congestion around airports caused by arriving and departing aircraft will be reduced. The

Phantom 2 Vision UA does not require an airport to takeoff or land. Likewise, a reduction of
manned aircraft conducting aerial survey missions would result in fewer aircraft that must be
handled by air traffic control during the ground, takeoff, departure, arrival, and land ing phases of
flight operations.

3

. The Public Will Benefit From The Safety And Efficiency Of The Phantom 2 Vision UAS.
Conducting aerial acquisitions with the Phantom 2 Vision UAS, instead of manned
aircraft, will greatly benefit the public by d rastically reducing the levels of air and noise pollution
generated during traditional aerial survey flight operations. By using battery power and electric

motors, the Phantom 2 Vision UAS produces no air pollution, and is the most viable
environmentally conscious alternative to the cabin class, six cylinder internal combustion twin
engine aircraft that are typically utilized for aerial acquisitions, and burn approximately 20

- 30
gallons per hour of leaded aviation fuel. The Phantom 2 Vision UA, while redu cing the carbon17

footprint of aerial acquisitions , also reduces noise pollution, as the UA is propelled by battery
powered electric motors, rather than an internal combustion engine.
By using the Phantom 2 Vision UAS to perform aerial acquisitions, the su bstantial risk to
life and property in the air and on the ground, which is usually associated with traditional manned
aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the
lack of flightcrew members located onb oard the aircraft, the Phantom 2 Vision UA (weighing
approximately 5

. 5 pou nds at its maximum gross weight ; measuring approximately 14 inches
diagonally; and carrying no fuel on board), has less physical potential for collateral damage to life
and property on the ground, and in the air, compared to the manned aircraft that typically conduct

aerial acquisitions (weighing approximately 6,500 pounds with a wingspan of approximately 40
feet, a length of 34 feet, and a fuel capacity of 180 gallons).

4

. Performi ng Aerial Acquisition Operations With The Phantom 2 Vision UAS Will Benefit The Economy.
In addition to being safe and efficient, the Phantom 2 Vision UAS is also an economical
alternative to using manned aircraft to conduct aerial acquisitions . As such, operation of the

Phantom 2 Vision UAS will allow United States based companies, like CDM Smith , to remain
competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of

aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out
leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative
technology in order to remain competitive. Operating the battery powered Phantom 2 Vision
UAS is one such technology tha t not only allows companies greater operational flexibility
compared to manned aircraft, but provides such flexibility without the high operational cost of a

traditional manned aircraft.18

By operating the Phantom 2 Vision UAS, companies such as CDM Smith
, can remain
competitive and profitable, and therefore, provide greater job stability to employees and
contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial
performance of U.S. companies, through commercial use of the Phantom 2 Vision UAS,
provides a stable workforce that increases consumer spending; improves local, state, and federal
tax revenues; and allows companies to invest in research and development in order to remain
competitive both in the United States and abroad.

5

. There Are No Privacy Issues

. Similar to the manned aerial acquisition flight operations that have been conducted for

d ecades, CDM Smith ’s proposed operation of the Phantom 2 Vision UAS will not implicate any
privacy issues. Specifically, the Phantom 2 Vision UAS will only be operated pursuant to the
specific conditions and limitations set forth herein , and in accordance with the Federal Aviation
Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. Most
significantly
, the Phantom 2 Vision UA will not be operated closer than 500 feet to any person,

vessel, vehicle, or structure, which is not directly involved in the operation

.
E

. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which CDM Smith Seeks Exemption.

1. Reasons Why The Phantom 2 Vision UAS Meets The Conditions Of The FAA Modernizatio n and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the
unmanned aircraft and its operation, CDM Smith ’s operation of the Phantom 2 Vision UAS

meets the conditions of FMRA Section 333
, and will not require an airworthiness cer tificate in
accordance with 14 C.F.R. Part 21, Subpart H.19

Section 333 provides authority for a UAS to operate without airworthiness certification

and sets for th requirements for considering whether a UAS will create a hazard to users of the
NAS or the p ublic
, or otherwise pose a threat to national security. Specifically, FMRA Section
333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by secti on 334 of this Act.
(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, sp eed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certi

ficate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operat ion.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely i n the national airspace system, the Secretary shall establish requirements for the safe ope ration of such aircraft systems in the national airsp ace system.

I n seeking this exemption, CDM Smith submits that the Phantom 2 Vision UAS can
operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by : ( a ) the

characteristics of the Phantom 2 Vision UAS ; ( b ) the pilot certification requirement; and ( c ) the
specific operating limitations

.20 a . The Specifications Of The Phantom 2 Vision UAS Demonstrate Its Safe Characteristics.

The Phantom 2 Vision UAS does not create a hazard to us ers of the NAS or the public, or
otherwise pose a threat to national security considering its size, weight, speed, and operational
capability.

i

. Technical Specifications Of The Phantom 2 Vision UAS.
The technical specifications of the Phantom 2 Vision UAS are set forth at pa ge 70 of the

Phantom 2 Vision User Manual, attached hereto as Exhibit A. Exhibit A contains proprietary

information and i s to be held in a separate file p ursuant to 14 C.F.R. § 11.35(b) 1

.

ii

. The Phantom 2 Vision UAS Autonomous Flight A nd Navigation Modes Enable T he UAS To Remain Within A De fined O perational A rea.

The Phantom 2 Vision UAS may be operated in both semi and fully autonomous flight

modes. The Phantom 2 Vision UAS autonomous features include the following: a GPS Position

and Altitude Hold w hen the GCS controls are released to their neutral positions; a Return To

Home (RTH) function ; and Flight Limi ts (i.e, pre

- set limitations that restrict t he distance and
height o f the UA S flight operations)

.
A complete description of the autonomous mode s of the Phantom 2 Vision UAS is
provided at page s 32 through 41 of the Phantom 2 Vision User Manual, attached hereto as

Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file
pursuant to 14 C.F.R. § 11.35(b).

1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b), are not to be included in the Federal Docket Managemen t System (FDMS).21 iii

. The Phantom 2 Vision UAS Is D esigned For Automatic Return To Home Point Or Auto

- Land In The Event Of Loss Of The Control Link Or Navigation.

A complete description of the Failsafe Functions of the Phantom 2 Vision UAS is set

forth at pages 32 through 41 of the Phantom 2 Vision User Manual
, attached hereto as Exhibit A

.
Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14

C.F.R. § 11.35(b).

iv . The Phantom 2 Vision GCS And I ts Operation.

A complete description of the operation and specifications of the Phantom 2 Vision GCS

and its s oftware is provided at pages 7 through 17 and pages 42 through 65 of the Phantom 2

Vision User Manual

. The Phantom 2 Vision UAS is compliant wit h all Federal Communications
Commission (FCC) requirements, and the radio frequency spectrum used for operation and
control of the UA is set forth at page 70 of the Phantom 2 Vision UAS User Manual. A copy of

the Phantom 2 Vision User Manual , which contai ns proprietary information, is attached hereto as

Exhibit A , and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b)

.

b

. Flight Operations Of The Phantom 2 Vision UAS Are Limited To The Line Of Sight Of A Certificated Pilot i n Command With A Safety Observer.

CDM Smith will only utilize certificated p ilot s who possess a current and valid FAA

issued a irman m edical c ertificate to act as a pilot in command (PIC) of the Phantom 2 Vision
UAS. Additionally, a safety observer will assist all pilots during flight operations.

c . Flight s Of The Phantom 2 Vision UAS Will B e Conducted Pursuant To S pec ific Operating L imitations.
In seeking this exemption, CDM Smith proposes to commercially operate the Phantom 2

Vision UAS for the special purpose of conducting aerial acquisitions within the NAS
, pursuant

to the following specific operating limitations:22

1. Operations authorized by this grant of exemption are limited to the following aircraft described in the operating documents, which is a quad

- rotor aircraft weighing less than 6 pounds at maximum gross weight : DJI Phantom 2 Vision Unmanned Aircraft System. Proposed operations of any other aircraft will require a new pet ition or a petition to amend this grant.
2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial acquisitions

. 3. The UA may not be flown at an indicated airspeed exceeding 30 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL.
5. The UA must be operated within visual line of sight (VL OS) 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 airman medical certificate.
6. The use of first person view (FPV) by the PIC or vis ual observer ( VO ) is not permitted.
7. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functi ons prescribed in the operating documents.
8. The VO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other i nstruments.
9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the con ditions and limitations contained in the grant of exem ption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents . The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documen ts if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to the grant of e xemption. The FAA’s23

UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.
10. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If th e 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. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.
11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. rep lacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.
12. The pre

- flight inspection must account for all potential discrepancies, e.g. i noperable components, items, or equipment, not already covered in the relevant sections of the operating documents.
13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit req uirements.
14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted i n the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.
15. Each UAS operated under this exemption must comply with all manufacturer Safety Bullet ins.
16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.
17. The PIC must possess at least a private pilot certificate and at least a current third

clas s medical certificate. The PIC must also meet the flight review requirements specified in 14 C

. F

. R

. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C

. F

. R

. § 61.51(b). The VO is also required to complete the operator’s training requirements. A record of training must be documented and made available upon request by the Administrator. Flights for the purposes of training the operator’s PICs and24

VOs (training, proficiency, and experience

- building), are permitted under the terms of the exemption. However, training operations may only be c onducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonpa rticipants in accordance with 14 C

. F

. R

. § 91.119.
19. UAS operations may not be conducted during night, as defined in 14 C

. F

. R

. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rule s (SVFR) are not authorized.
20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operat ion is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.
21. The UA may not be operated less than 500 feet below or less t han 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.
22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or b e recovered in accordance with the operating documents.
23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.
24. The PIC is prohibited from beginning a flight unless (consider ing wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 2 0% battery power remaining.
25. The operator must obtain an Air Traffic Organization (ATO) issued Certific ate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airm e n (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the

o peration. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.
26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C

. F

. R

. part 47, and have identification (N

Number) markings in accordance with 14 C

. F

. R

. part 45, Subpart C. Markings must be as large as practicable.25

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.
28. The documents required under 14 C

. F

. R

. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.
30. The UAS may not be operated by the PIC from any moving device or vehicle.
31. The UA may not be operated over congested or densely populated areas.
32. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipat ing persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of th e UA, flight operations must cease immediately and/or;
b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission 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, and;
c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

33. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight t o be conducted.

34. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Ac cidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.26

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Woul d Not Adversely Affect Safety.

CDM Smith submits that the equivalent level of safety established by Section 61.113(a)

and (b) will be maintained because no PIC will be allowed to operate the Phantom 2 Vision UAS

unless that PIC has demonstrated , by meeti ng minimum flight

- hour and currency requirements
, that the PIC is able to safely operate the Phantom 2 Vision UAS in a manner consistent with th e
exemption, including evasive and emergency maneuvers and maintaining appropriate distances
from people, vessel s, vehicles and structures.
Considering CDM Smith ’s proposed area of operations
, and the operating limitations set

forth

- above ; the parallel nature of private pilot aeronautical knowledge requirements to those of

commercial pilot requirements ( See Exempti on No. 11062 ) ; and the airmanship skills necessary

to safely operate the Phantom 2 Vision UAS, CDM Smith submits that the additional manned
airmanship experience of a commercially certificated pilot would not correlate to the airmanship
skills necessary fo r CDM Smith ’s specific proposed flight operations.

The Phantom 2 Vision UAS has been the subject of multiple Grants of Exemption from

Section 61.113(a) and (b) (Ex emption Nos. 11153 , 11157 ). Additionally, t he FAA has
previously granted relief from Sectio n 61.113(a) and (b) specific to UAS, in circumstances
similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062
, 11063
,
11064
, 11065
, 11066
, 11067
, 11080
, 11109
, 11110, 11112
, 11136, 11138 , 11150, 11153 , 11156,

11158, 11159, 1 1160, 11161, 11170, 11171, 11172 ).
CDM Smith will not allow any PIC to operate the Phantom 2 Vision UAS unless that

PIC has demonstrated , by meeting minimum flight

- hour requirements or the Phantom 2 Vision
UAS training and currency requirements, that the PIC is able to safely operate the Phantom 227

Vision UAS in a manner consistent with this exemption, including evasive and emergency
maneuvers and maintaining appropriate distances from people, ve ssels, vehicles and structures.
Specifically, the PIC must h ave accumulated and logged, in a manner consistent with 14
C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours
logged as a UA S pilot with a multi

- rotor UAS (with a minimum of 5 hours of those hours as a
UAS pilot operating the same make and model of UAS to be used for operations under the
exemption ). In addition to the hour requirements, the PIC must accomplish 3 take

- offs and
landings in the preceding 90 days (for currency purposes).
As in Exemption Nos. 11062
, 11138, and 11153
, prior documented flight experience that
was obtained in compliance with applicable regulations will ensure an equivalent level of safety
during CDM Smith’s proposed operations. The Administrator has held that prior documented
flight exp erience that was obtained in compliance with applicable regulations would ensure safe
operations , stating as follows:
In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operati ons), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be incl usive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 take

- offs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the pe titioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conduc ted under the grant of exemption to

ac complish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.28

Exemption No. 11138 at page 15.
Accordingly, CDM Smith will ensure safe operations by not allow ing any PIC to operate

the Phantom 2 Vision UAS unless that PIC has demonstrated
, by meeting minimum flight

- hour
and currency requirements
, that the PIC is able to safely operate the Phantom 2 Vision UAS in a

manner consistent with the exemption, including evasive and emergency maneuvers and
maintaining appropriate distances from people, vessels , vehicles and structures.

3. Reasons Why An Exemption Fr om The Requirements Of Section 91. 7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Secti on 91. 7(a) will be maintained because
prior to every flight, CDM Smith will ensure that the Phantom 2 Vision UAS is in an airworthy

condition based up on the Phantom 2 Vision UAS’s compliance with its operating documents

(i.e., the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start Guide, the Phantom

2 Vision Checklists , the Smart Flight Battery Safety Guidelines and the Phantom Pilot Training

Guide) , and as stated in the conditions and limitations herein

.
The Phantom 2 Vision UAS has been the subject of multiple Gran t s of Exemption from

Section 91.7(a) (Exemption No s. 11153 , 11157 ). Additionally, t he FAA has previously granted

relief f rom Section 91. 7(a) specific to UAS, in circumstances similar, in all material respects, to
those presented herein (e.g. Exemption Nos. 11062, 11063 , 11064, 11065, 11066, 11067, 11080,

11109, 11110, 11112 , 11136, 11138 , 11150, 11153
, 11156, 11157, 11158, 11159, 11160, 11161,

11166, 11167, 11170, 11171, 11172 ).

4

. Reasons Why An Exemption Fr om The Requirements Of Section 91. 121 Would Not Adversely Affect Safety.
The equivalent level of safety established by Section 91.121 will be maintained because

the altitude of the Phantom 2 Vision UA will be reported to air traffic control (ATC) in feet29

above ground level (AGL), and CDM Smith will operate the Phantom 2 Vision UA within visual
line of sight, at or below 400 feet AGL. Furthermore, the altitude information of the Phantom 2
UA will be provided to the PIC via a barometric pressure sensor , GPS equipment and a radio
communications telemetry data link, which downlinks from the UA to the GCS for active

monitori ng of the flight path and altitude

. Prior to each flight, a zero altitude initiation point is
automatically establish ed by the UAS at ground level.
The Phantom 2 Vision UAS was the subject of multiple Grants of Exemption from

Section 91. 121 (Ex emption Nos. 11153, 1157). T he FAA has previously granted relief from
Section 91.121 specific t o UAS, in circumstances similar, in all material respects, to those
presented herein (e.g. Exemption Nos. 11062, 11063 , 11064, 11065, 11066, 11067, 11080,

11109, 11112, 11136, 11138 , 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161 , 11166,

11167, 111 70, 11171).

5

. Reasons Why An Exemption From The Requirements Of Section 91.151( b ) Would Not Adversely Affect Safety.
A grant of this exemption would ensure an equiv a l e nt leve l of safety established by 14

C.F.R. Section 91.151( b ) as a result of (1) the technical specifications of the Phantom 2 Vision

UAS ; (2) the limitations on the proposed flight operations ; and (3) the location of the proposed
flight o perations . Accordingly, CDM Smith will ensure that it will safely operate the battery
powered Phantom 2 Vision UA during daylight hours in visual metrological conditions (VMC)
under visual flight rules (VFR)
, with enough battery power to fly for a total duration of 20

minutes to the first point of intended landing and, assuming normal cruising speed, to fly after

that for at least five minutes (i.e., 2 0 percent battery power remaining )

.30

Here, as in Exemption No. 11109, the technical specifications of the Phantom 2 Vision

UAS ; the limitations on the proposed flight operations ; and the location of the proposed
operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b)

. Furthermore, safety will be ensured as the Phantom 2 Vision UAS provides audible and visual
warnings to the PIC at the GCS when the UA has low battery power remaining

. Significantly, t he Phantom 2 Vision UAS has been the subject of multiple Grants of
Exemption from Section 91. 151 ( Exemption Nos. 11153 , 11157 ) , and other previous
exemptions granted by the FAA concerning Section 91.151 establish that safety is not adve rsely

affected when the technical characteristics and operating limitations of the UAS are considered.
Relief has been granted for manned aircraft to operate at less than the minimums prescribed in

Section 91.151 , including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has
previously granted relief from Section 91.151 specific to UAS
, in circumstances similar, in all
material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673 , 11042,

11062, 11063, 11064, 11065, 11066, 1 1067, 11080
, 11109
, 11110
, 11136, 11138 , 11150, 11153
, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172).

6

. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91 .417(a) & (b) Would Not Adversely Affect Safety.
In seeking this exemption, CDM Smith submits that the equivalent level of safety with
regard to the regulatory maintenance and alteration requirements established by Sections

91.405(a), 91.407( a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b) will be met because a ll
maintenance, alterations, or preventive maintenance of the Phantom 2 Vision UAS performed by

CDM Smith will be in accordance with the methods, techniques, and practices prescribed in the
operating documents (i.e., the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start31

Guide
, the Phantom 2 Vision Checklists
, the Smart Flight Battery Safety Guidelines and the
Phantom Pilot Training Guide). Furthermore, only the Original E quipment Manufacturer (OEM)
or qualified OEM maintainers will perform higher level inspections and maintenance per the
operating documents and OEM standards. CDM Smith will document and maintain all

maintenance records for the Phantom 2 Vision UAS.

Sin ce the Phantom 2 UAS will be inspected as prescribed by t he operating documents,

CDM Smith will maintain the equivalent level of safety established by Sections 91.405(a),

91.409(a)(1)
, and 91.409(a)(2)

. The following operating documents are attached hereto,
identified as the following Exhibits: (A) the Phantom 2 Vi sion User Manual ; (B) the Phantom 2

Vision Quick Start Guide; (C) the Phantom 2 Vision Checklists ; and ( D ) the Smart Flight Battery
Safety Guidelines

. The foregoing exhibits contain proprietary information and are to be held in a
separate file p ursuant to 14 C.F.R. § 11.35(b).
Likewise, the exemption sought will not adversely affect safety because a ll maintenance,
alterations, or preventive maintenance of the Phantom 2 Vision UAS will be performed by CDM

Smith in accordance with the methods, techniques, and practices prescribed in the operating

documents

. O nly the Original Equipment Manufacturer (OEM) or qualified OEM maintainers
will perform higher level inspections and maintenance per the operating documents an d OEM

standards. CDM Smith will document and maintain all maintenance records for the Phantom 2

Vision UAS.

Furthermore, a n equivalent level o f safety established by Sections 91.407, 91.417(a) and

91.417(b), because CDM Smith will document and maintain all of the maintenance records for

the Phantom 2 Vision UAS

.32

T he Phantom 2 Vision UAS has been the subject of multiple Grants of Exemption from

S ections 91.405 (a), 91.407(a)(1) and (a)(2) , 91.409(a)(2), and 91.417(a) and (b) ( Exemption

Nos. 11153, 11157), and other previous exemptions granted by the FAA concerning these

Sections establish that safety is not adversely affected when the technical ch aracteristics and
operating limitations of the UAS are considered (e.g. Exemption Nos. 11062, 11063, 11064,

11065, 11066, 11067, 11080
, 11109, 11110, 11112
, 11136, 11138 , 11150, 11153, 11156, 11157,

11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 1 1172 ).

7

. T he FAA May Prescribe Any Other Con ditions For Safe Operation.

In accordance with Sec tion 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions
, CDM Smith requests that the FAA
prescribe special conditions for the intended oper ation of the Phantom 2 Vision UAS , which
contain such safety standards that the Administrator finds necessary to establish a level of safety
equivalent to that established by 14 C.F.R. Part 21, Subpart H
, and 14 C.F.R §§ 61.113(a) & (b),

91.7 (a), 91. 121, 91.151( b ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), an d 91.417(a) & (b)

. Such special conditions will permit safe operation of the UA for the limited purpose of
conducting aerial acquisitions within the NAS for compensation or hire

. FMRA Sec tion 333 sets
forth the requirem ents for considering whether a UAS will create a hazard to users of the NAS or
the public
, or otherwise pose a threat to national security; and further, provides the authority for
such UAS to operate without airworthiness certification in accordance with any requirements
that must be established for the safe operation of the UAS in the NAS

.
Likewise , the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16
, for operation of the Phantom 2 Vision UAS
, since the airworthiness regulations of 14
C.F.R. Part 21 do not contain adequate o r appropriate safety standards
, due to the novel or33

unusual design features of the aircraft . Secti on 21.16, entitled Special Conditions , states the
following:
If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards f

or the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16

. Therefore, in accordance with FMRA Sec tion 333 and 14 C.F.R. § 21.16 , the FA A may
prescribe special conditions for CDM Smith ’s intended operation of the Phantom 2 Vision UAS
,
which contain such safety standards that the Administrator finds necessary to establish a level of
safety equivalent to that established by 14 C.F.R. Part 21, Subpart H
, and 14 C.F.R Sections

61.113(a) & (b), 91.7(a), 9 1 .121, 91.151( b )
, 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b)

.
F. A S ummary That C an Be P ublish ed In T he Federal Register, stating: The Rules From Wh ich CDM Smith Seeks Exemption:

CDM Smith Inc. seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151( b )
, 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

.
A Brief Descri ption Of The Nature Of The Exemption CDM Smith Seeks:
This exemption will permit CDM Smith Inc. to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial acquisitions within the National Airspace System (NAS)

.
G. Any Additional Information, Views, Or Arguments Available To Support CDM Smith ’s Request.

This Petition is made p ursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS34

may operate safely in the NAS

. As such
, CDM Smith ’s request for exemption may be granted
pursuant to the authority of FMRA Sec tion 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the require ments for considering whether a UAS will create

a hazard to users of the NAS or the public
, or otherwise pose a threat to national security; and
further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above
, CDM Smith will operate the Phantom 2 Vision UAS safely

in the NAS
, without creating a hazard to users of the NAS
, or the public
, or othe rwise pose a
threat to national security

.
CONCLUSION

As set forth herein
, CDM Smith seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)
, which will permit safe
operation of the Phantom 2 Vision UAS commercially
, without an airworthiness certificate
, for

the limited purpose of conducting aerial acquisitions within the National Airspace System

( NAS )

. By granting this Petition, th e FAA Administrator will be fulfill ing the Congressional

mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests

of the public
, by allowing CDM Smith to safely, efficiently, and economically operate the

Phantom 2 Vision UAS commercially with in the NAS

.
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 Petit ion for an exemption from the requirements of 14 C.F.R Sections

61.113(a) & (b), 91.7(a), 91.121, 91.151( b )
, 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and

91.417(a) & (b)
, and permit CDM Smith to operate the Phantom 2 Vision UAS comm ercially for
the purpose of conducting aerial acquisitions within the NAS

.35

Dated: February 1 8 , 201 5 Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

____________________________ Gregory S. Winton, Esq. Jared M. Allen, Esq. 1997 Annapolis Exchange Parkway Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 Fax: (866) 568

- 9886 Atto rneys for Petitioner

cc: James H. Williams , AFS

- 80 Robert Pappas Dean Griffith, Esq.