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jwright@FlyingLegal.com www.FlyingLegal.com p: 303

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- 747

- 4001 March 30 , 2015

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

Re: Petition of C.H. Fenstermaker & Associates, L.L.C. for Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012

Dear Gentlemen :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 C.F.R. Part 11, C.H. Fenstermaker & Associates, L.L.C. (“ Fenstermaker ”) hereby applies for an exemption from Federal Aviation Regulations (“FARs”) identified below, to allow commercial operations of small

, unmanned aerial vehicles by and through small

, unmanned aerial systems (“sUAS”) for Precision Aerial Survey ing & Mapping

.

This exemption is requested in subject to and in conformance with those operations and protocols outlined in this Petition, the enclosed UAS Professionals Flight Operations Manual (“Flight Operations Manual”) , the sUAS Operator’s Handbook

, which includes component parts manufacturers’ operations and/or instructions manual s (“ Operator’s Handbook ”) and any other requirements established by the FAA pursuant to the FMRA.

The Flight Operations Manual and Operator’s Handbook both contain confidential, trade secret and proprietary information that the Petitioner has not and will not share with others. Petitioner submits the Flight Operations Manual and Operator’s Handbook an d all information contained therein as proprietary and confidential information pursuant to 14 C.F.R. § 11.35(b). The Flight Operations Manual and Operator’s Handbook contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et

seq.

I. Description of Petitioner

C.H. Fenstermaker & Associates, L.L.C. is a consulting firm that specializes in survey and mapping, engineering, environmental services, and adv anced technologies.

II. Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmann ed aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned aircraft systems may operate safely in the National Airspace ("NAS") beforeU.S. Department of Transportation
March 30, 2015 Page 2

completion of the f ormal UAS rulemaking, based on the following considerations:

• The UAS's size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within the visual line of sight of the operator.

If the Secretary determines that such vehicles "may operate safely in the National Airspace System, the Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace System".

Additionally, the FAA Admi nistrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq .). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the exis ting rules). See 14 C.F.R. § 11.81 (petitions for exemption).

III. Qualifications for Approval Under Section 333 of the FMRA

The proposed operations in this petition for exemption qualify for expedited approval

under Section 333 of the Reform Act. Eac h of the statutory criteria and other relevant factors

are satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access; and that (4) provides an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose.

Petitioner’s sUAS are rotorcraft, weighing 3 5 or fewer pounds including payload. They

operate, un der normal conditions, at low speed and have the capability to hover, and move in the vertical and horizontal plane. Petitioner’s sUASs will operate in line of sight and will only operate within those area s de scribed in the enclosed Flight Operations Manua l.

Given the small size of the sUASs involved and the restricted environment within which they will operate, this petition exemption falls within the zone of safety i.e., an equivalent level of safety, in which Congress desired the FAA to permit commercia l UAS operations by exemption pending completion of formal rulemaking. Also, due to the size of the sUASs and the restricted area in which the sUASs will operate, approval of the application presents no national security issue.

Considering the clear direc tion in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, the grant of the requested exemptions is

also in the public interest.

Accordingly, Petitioner respectfully requests the FAA grant the requested exemption without delay.U.S. Department of Transportation
March 30, 2015 Page 3

IV. Proposed Operations

The enclosed Manual s describe , in detail, the policies and procedures for Petitioner's proposed sUAS operations. To assist the FAA in its safety assessment of Petitioner's proposed sUAS operations, below is a summary of operational limitations and conditions

, which will ensure an equivalent or higher level of safety to operations conducted under current r egulatory guidelines:

1. The sUAS will weigh less than 3 5 pounds.

2. Flights will be op erated within line of sight of the Operator

.

3. Maximum total flight time for each operational flight will be limited to the

amount of time the sUAS can be flown and still mai ntain a reserve battery power of no less than 25%.

4. Flights will be operated at an altitude of no more than 5 00 feet above ground level ("AGL").

5. Flights will be operated at a safe lateral distance from

, and not directly above, any inhabited structures, bu ildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation.

6. The sUAS Pilot will be an FAA licensed airman with at least a private pilot's

certificate.

7. The sUAS Pilot with Pilot in Command responsibilities for the flight will be the designated Operator (" Operator ")

.

8. The sUAS will operate only within a confined areas as de scribed in the Flight Operations Manual.

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day's missions. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

10. The Operator will have been trained in operations of s UAS generally and

receive d up

- to

- date information on the particular s UAS to be operated as required in the Flight Operation Manual

.

11. Written and/or oral permission from the relevant property holders will be

obtained.

12. All required permissions and permits will be obtained from ter ritorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.U.S. Department of Transportation
March 30, 2015 Page 4

13. If the sUAS loses transmission signal, the sUAS will have the capability to

return to a pre

- determined location and land.

14. Con tingency plans will be in place to safely terminate flight if there is a loss

of transmitter communication s or a loss of GPS signal

.

15. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

V. Regulations From Which Exemption is Requested

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including sUAS s, from its safety regulations and minimum standards when the Administrator decides a requested exemp tion is in the public interest.

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 91 for purposes of conducting Precision Aerial Surveying & Mapping using sUASs. Listed below are (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought.

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R.

§ 91.203(a)(1)

Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance of airworthiness certificates as required by

14 C.F.R.

§ 91.203(a)(1). Given the size and limited operating area associated with the sUAS to be utilized by the Petitioner, an exemption from Part 21, Subpart H, meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the

Reform Act.

The Federal Aviation Act and Section 3 33 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS

.

In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed, will be at least as safe as, or safer than, a conventional rotorcraft operating with an airworthiness certificate without restrictions and conditions of the proposed sUAS operations.

Equivalent Level of Safety

The sUAS to be operate d hereunder, DJI Innovations S8 00 multi

- roto r rotorcraft, weighs less than 3 5 pounds with pa yload, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a securedU.S. Department of Transportation
March 30, 2015 Page 5

and sterile area. Unlike other civil aircraft, the proposed operations will be controlled and monitored by the Operator pursuant to the Flight Operations Manual’s requirements.

These safety enhancements, which already apply to civil aircraft operated in connection with existing inspection operations, provide a greater degree of safety to the

Petitioner's employe es, members of the public, and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible

threat to nat ional security posed by the sUAS, due to its size, speed of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external

load.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the Petitioner's sUAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part

27's airwo rthiness standards for the same reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H.

C. 14 CFR § 61.113: Private Pilot Privileges And Limitations

Petitioner seeks an additional exemption from 14 CFR § 61.113, which restricts

pr ivate pilot certificate holders from flying aircraft for compensation or hire, and which

would also have t he effect of requiring a second

- class medical certificate.

Equivalent Level of Safety

I n Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA

determined that a n Operator with a private pilot certificate operating the Astraeus UAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground. Additionally, as previously determined by the Secretary of Transportation, the requirement to have an airman certificate ameliorates security concerns over civil UAS operations conducted in accordance with Section 333. The Precision Aerial Surveying & Mapping conducted by Fenstermaker occur in a reas where access to the public is strictly limited and controlled. Under virtually all circumstances,

all of the only property or structures are owned and operated by the same entity. As a result, the operation has no substantial impact on any third perso ns not involved in the inspection.

Because Fenstermaker will operate in a sterile area, the s UAS will be flown based

on visual li ne

- of

- sight at altitudes below 5 00' AGL. Accordingly, Fenstermaker request that this exemption be granted.

C. 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and

Identification Requirements

Petitioner seeks an exemption from the aircraft marking and identification requirements co ntained in 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a).U.S. Department of Transportation
March 30, 2015 Page 6

14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

Equivalent Level of Safety

The equivalent level of safety for exemptions to the aircraft marking and identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the sUAS marked on its fuselage as required by § 45.29(f).

The FAA has previously issued the following e xemptions to the aircraft marking requirements of § 45.23(b): Exemption Nos. 10700, 10167 and 10167A.

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Petitioner seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), which states:

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved airpl ane or Rotorcraft Flight Manual, approved manual material, markings and placards, or any

combination thereof.

Given its physical dimensions, configuration and load capacity, the sUAS has no ability to carry such a manual on the aircraft, not only because there is no pilot on board, but because there is simply no room or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by maintaining the sUAS flight ma nual at the ground control point where the Operator will have immediate access to it. Accordingly, Petitioner requests an exemption from 91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be available at the control point during each operation.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and

10700.

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Petitioner se eks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. Inasmuch there will be no airworthiness certificate issued for the sUAS, should this exemption be granted, no FAA regulatory

standard will exist for determining airworthiness.U.S. Department of Transportation
March 30, 2015 Page 7

Equivalent Level of Safety

The DJI Innovations S800 has a stellar safety record, demonstrating that the sUAS is airworthy. Further, given the size of the sUAS and the requirements contained in the Flight Operation Manual for maintenance and pre

- flight safety check lists, an equivalent level of safety will be provided.

The FAA has issued the following exemptions to this regulation: Exemption Nos.
8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 1 0602, 32827, and

10700.

F. 14 C.F.R. § 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information

contai ned in the FAA

- approv ed flight m anual on board the aircraft. While the Operator will be familiar with all information necessary to safely conduct the flight, an exemption is requested to t he extent that an FAA

- approved f light manual is required on board the

aircraft.

Equivale nt Level of Safety

An equivalent level of safety will be provided by following the Operator’s

Handbook . The Operator will take all required preflight actions

- including reviewing weather, flight battery requirements, landing and takeoff distance, and air craft performance data

- before initiation of flight. The Operator’s Handbook will be kept at the ground station with the operator at all times.

G. 14 C.F.R. § 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." sUASs and remotely piloted aircraft, by their design, do not have fu nctional dual controls. Instead, flight control is accomplished through the use of a box that communicates with the

aircraft via radio communications.

Equivalent Level of Safety

Given the size and speed of the sUAS, an equivalent level of safe training c an still be performed without dual controls because no pilot or passengers are aboard the sUAS, and all persons will be a safe distance away in the event that the sUAS experiences any difficulties during flight instruction.

The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. Exemptions include: Nos. 5778K and 9862A.U.S. Department of Transportation
March 30, 2015 Page 8

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person,

ve ssel, vehicle, or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provide d that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

To provide the intended inspections, the sUAS is normally operated below 500 feet AGL. Additionally, due the nature of the proposed operations, the sUAS will maintain a

safe lateral distance from inhabited structures, buildings, vehicles, and vessels, and from people not associated with the operation.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum

35 pounds proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircra ft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. As set forth in the Flight Operation

Manual , the sUAS will be operated in a restricted and sterile area, where bu ildings and people will not be exposed to operations without their pre

- obtained consent. Because of the advance notice to the property owners and participants, all affected individuals will be well aware of the planned flight operations as set forth in the Flight Operation Manual

.

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other aircraft that are subject to the minimum safe altitude regulations. Finally, the successful safety record of the DJI S800 demonstrates that the sUAS can be safely used at these lower altitudes and closer operating environments.

I. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruisin g altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required because the sUAS does not have a barometric altimeter, but rather

a GPS altitude read out.

Equiv alent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth

in the Flight Operation Manual . As prescribed in the Flight Operation Manual , the operator will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the Operator will use the GPS altitude indicator to constantly monitor the sUAS's height, thus ensuring operation at safe altitudes.U.S. Department of Transportation
March 30, 2015 Page 9

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Petitioner requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather condit ions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

–

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the battery powering the DJI Innovations S800 provides approximately 15 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 C.F.R. § 91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's proposed fli ght area and the location of its proposed operations within a predetermined area, a safety margin based on a reserve amount of battery life is needed. Petitioner will not be conducting any sUAS flights at night.

Equivalent Level of Safety

An equivalent l evel of safety will be achieved because the operations will be

conducted on

- site without significant transit time by the sUAS. All flights will be planned to be terminated with no less than 25% reserve battery power still available. This

restriction would be more than adequate to return the sUAS safely to the ground and its planned landing zone from anywhere in its limited operating area even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve fuel

does not i nclude the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS, and the proximity of the flight operation to the landing zone.

This request for exemption falls within the scope of prior exemptions, inc luding Exemption Nos. 10673, 2689F, 5745, 10673, and 10808.

K. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Petitioner seeks an exemption from civil aircraft certification and registration requirements of 14 C.F.R . § 91.203(a) and (b). The regulation states in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person m ay operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under

§ 91.715 is displayed at the cabin or cockpit entrance so that it is legible toU.S. Department of Transportation
March 30, 2015 Page 10

passengers or crew.

In addition to the fact that Petitioner is seeking an exemption from the airworthiness certificate requirements, an exemption to this regulation is necessary because: (1) the sUAS's configuration, load capacity and size does not allow it to carry

certifica tion and registration documents; (2) the sUAS does not have a cabin or cockpit entrance at which documents could be displayed; and (3) there are no passengers or crew for whom the certificates need to be displayed.

Equivalent Level of Safety

To the exten t these regulations are applicable to the proposed sUAS operations, an equivalent level of safety will be achieved by keeping these documents at the ground control point where the Operator will have immediate access to them.

The FAA has issued numerous ex emptions to this regulation, including: Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

L. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

Petitioner also seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to

14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as pr escribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the sUAS will not

have.

Equivalent Level of Safety

An equivalent level o f safety will be achieved because maintenance and inspections will be performed in accordance with the Operator’s Handbook as referenced in the Flight Operation Manual . As provided in the Flight Operation Manual , the operator will

ensure that the sUAS is i n working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. The operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation.

VI. Public Interest

Granting Fenstermaker 's exemption request furthers the public interest. National policy set by Congress favors early integration of UAS into the national airspa ce in controlled, safeU.S. Department of Transportation
March 30, 2015 Page 11

working environments such as those propose in this petition. In addition, maintaining industrial safety has been a priority of state and local governments for decades.

By their nature, structural inspection sites present unique diff iculties for persons attempting to inspect and maintain the structure

. The components can be tall and have limited access. Sending a human observer or using helicopters to inspect such elevated structures carry certain risks. These risks can be avoided by using a small UAS under controlled conditions to photograph and document the state of the equipment. This helps to facilitate repairs and identify issues before they become problems. C urrent options for inspecting structures and conducting aerial site sur veys and mapping is limited to using human personnel. Inspectors will

either use a normal roto r wing manned

- aircraft or crane basket s to raise a human observer s to an elevated position . The use of an sUAS reduces the risk to human life by removing them

fro m dangerous aspects of the inspection process.

In addition, granting the exception will help advance the knowledge base for conducting commercial UAS operations. This additional data will help the FAA set future rules regarding UAS flight operations, main tenance, and crew qualifications. The public also has an interest in reducing the hazards and emissions associated with alternate use of helicopters to conduct similar inspection operations. The UAS in question is very light weight and does not carry any

f lammable fuel, further reducing the risk from any potential accident.

VII. Privacy

All flights will occur over property with the property owner's prior consent and knowledge.

VIII. Federal Registry Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

C.H. Fenstermaker & Associates, L.L.C. seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. 61.113; 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b).

Approval of these exemptions allowing commercial operations of small and lightweight unmanned aircraft ("sUAS") to conduct structural inspections will enhance safety by reducing

risk to Fenstermaker ’s employees, the general public and property owners

.

The DJI Innova tions sUAS, weighing less than 3 5 pounds , with payload, and powered by batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is transported to the designated survey area set up. It is not

flown from an external location to the work

- site. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of this small UAS will provide an e quivalent level of safety, supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight sUASs operateU.S. Department of Transportation
March 30, 2015 Page 12

at slow speeds , close to the ground, and in a controlled environment. As a result, they are far safer than conventional aerial survey and inspection operations conducted with fixed wing aircraft or helicopters.

IX. Conclusion

Satisfaction of the criteria provided in Section 333 of the Ref orm Act of 2012

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

— provides more than adequate justification for the grant of the requested exemptions to pe rmit C.H. Fenstermaker & Associates, L.L.C. to operate sUASs in support of its Precision Aerial Surveying & Mapping in accordance with the Flight Operation and Operator’s Handbook appended hereto.

Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger, (2) improving the inspection process and decreasing operating costs, and (3) providing an environmental ly conscientio us way of conducting site surveys and structural inspections

.

Sincerely,

John L. Wright

Encls:

- Flight Operations Manual (confidential)

- sUAS Operator’s Handbook (confidential)

- Exhibit A, S800 User Manual

- Exhibit B, X9D PLUS Transmitter Manual

- Exhibit C, Receiver L9R M anual

- Exhibit D, Mission Planner Manual

- Exhibit E, Pixhawk Autopilot Manual (rev.7)

- Exhibit F, EzUHF JR Module Manual

- Exhibit G, TIGER MOTOR MT2814 Manual

- Exhibit H, Operational Checklist