August 14, 2015 

United States Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Petition for Exemption under Section 333 of the FAA Reform Act 

Civil Design Consultants, Inc. (CDCI) has prepared this information to formally request consideration for 

exemption from the Federal Aviation Regulations (FAR’s) outlined below pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (‘the Reform Act’) and 14 CFR Part 11. The exemption would 

allow CDCI to use an X-8M Small Unmanned Aircraft System (sUAS) from 3DRobotics to pursue our 

commercial interests in performing aerial land surveying, aerial photography and aerial construction 

observation and monitoring. Consideration for exemption to the following Federal Aviation Regulations 

(FAR) is requested: 

14 CFR 61.101 (e 4 & 5) 

14 CFR 61.113(a) 

14 CFR 61.315(a) 

14 CFR 91.7 (a) 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151(a)(1) 

14 CFR 91.405(a) 

14 CFR 91.407(a)(1) 

14 CFR 91.409(a)(1&2) 

14 CFR 91.417(a&b) 

CDCI is a small civil engineering consulting firm located at 30 River Street in Methuen, Massachusetts. 

 We provide land planning, design, permitting and construction administration services for our Clients 

located throughout New England. The development of existing conditions plans, including the generation 

of topographic mapping, through conventional survey techniques and aerial photogrammetry are a 

routine service provided by our office. The ability to perform these services through the use of an sUAS 

will benefit our clients with a more timely and accurate product and allow for mapping of areas that may 

present a physical risk to our staff. 

sUAS CHARACTERISTICS

On June 16, 2015 the FAA granted an exemption to Axis Surveying, LLC for the X-8M sUAS from 

3DRobotics. This is the identical make and model we are requesting an exemption to allow for 

commercial operations. 

The X-8M is a small eight (8) motor quad-coptor configured sUAS equipped with a Pixhawk autopilot 

system and Canon S100 high resolution 12 megapixel camera. The autopilot system allows for a fully 

autonomous pre-programmed flight pattern, including takeoffs and landings. The X-8M has been 

designed to excel in small areas, fly at low altitudes and low air speeds allowing for mapping precision at 

a level of detail beyond what manned flights and satellite imagery can produce. Upon completion of the 

aerial survey, the georeferenced images are converted to a photomosaic of the site and furthered process 

to generate a point cloud and/or digital terrain model and used in our CAD application to create an 

existing conditions plan. 

Below is a summary of the physical specifications of the sUAS and a description of the procedures 

developed to safely operate the aircraft including mission planning, preflight routine and failsafes. 
Physical Specifications: 

sUAS: X-8M by 3DRobotics 

Weight: 7.7-LBS 

Dimensions: 13.7-IN x 20.1-IN x 11.8-IN 

Operating Altitude: 164-FT to 394-FT (50-M to 120-M) 

Default Altitude: 197-FT (60-M) 

Operating Airspeed: 2-MPH to 38-MPH (1-M/s to 17 M/S) 

Default Airspeed: 11-MPH (5-M/S) 

Max. Flight Time: 14-MIN 

Max. Area Coverage per Flight: 25-Acres 

Telemetry Frequency: 433MHZ 

As noted in the Operations Manual, the estimated values above reflect ideal operating conditions. 

Environmental conditions may affect flight time, range and area coverage.

Mission Planning 

The X-8M is fully integrated with Mission Planner, a software developed by 3DRobotics to automate the 

flight plan efficiently and safely. The survey area is specified by the operator through the software using 

a GIS interface and Mission Planner determines the most efficient flight route, altitude and airspeed to 

capture the required data. Take-off and landing waypoints are set to allow for a completely autonomous 

and pre-programmed flight. 

PreFlight Routine 

The X-8M Operations Manual and instructional videos have been utilized to develop the following preflight 

routine and safety procedures. 

1. Assess Environmental Conditions. Upon arriving at the site the physical conditions should be 

reviewed and compared to the pre-programmed mission plan. Any potential obstructions should be 

noted and the mission plan should be adjusted if so needed. The direction and speed of the wind 

should be assessed to confirm conditions are consistent with operational limitations. 

2. Perform a Visual Inspection. Inspect the X-8M for any loose mechanical components. Check all 

screws to confirm they are adequately tightened. Confirm all propellers are tightly attached in the 

correct order with the writing on each propeller facing the sky. Confirm all propellers can spin 

without obstruction. Confirm the antenna is oriented vertically. 

3. Arming and Disarming the X-8M. Refer to the Operations Manual. 

4. Test Flight. Perform a brief test flight to verify the X-8M responds to controls correctly, holds position 

in loiter mode and correctly executed a return-to-launch (RTL) command. 

Failsafes 

The X-8M is programmed with a set of failsafe behaviors to prevent a crash in the event of a loss of one 

or more of the data or communication channels required for autonomous flight. The operator shall 

monitor the Flight Data screen for failsafe indications during operations. If a failsafe is triggered, the 

assigned behavior will activate. To override the failsafe behavior (RTL in most cases), use the controller 

to regain manual control. A more detailed description of each of the failsafe behaviors is provided in the 

Operations Manual. 

PILOT IN COMMAND (PIC)

The PIC will provide evidence of a sports pilot certification, at a minimum, prior to operating the sUAS. 

 The FAA sports pilot certification requires a minimum of 20-hours of in-flight training and successfully 

passing a written and practical examination. The PIC will also hold a current FAA airmen medical 

certification or a valid US drivers license. Operations of the sUAS will be performed within a visual line of 

sight (VLOS) of the PIC or a pre-determined Visual Observer (VO). The PIC and VO will maintain verbal 

communication, through the use of cell phones or two-way radios, throughout the duration of the flight. 
ADDITIONAL CONSIDERATIONS

Upon issuance of the exemption, the sUAS will be operated for commercial use subject to the following 

conditions and restrictions: 

 The sUAS will operate at speeds of no more than 38-MPH at an altitude not to exceed 400-FT above 

ground level. 

 The sUAS may not operate less than 500-FT below or within 2,000-FT horizontally from a cloud or 

when visibility is less than 3 statute miles from the PIC. 

 The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

 Operations to be conducted over private, controlled-access, or public property where approved, 

 Permission from the land owner/authority required before commencing any flight, 

 Operations over congested areas shall be avoided, 

 All operations conducted within 5 miles from an airport shall only be initiated after verbal 

coordination with the airport authority, or air traffic control when a control tower is present at the 

airport, 

 All operations shall comply with required permissions and permits established by territorial, state, 

county or city jurisdictions; including local law enforcement, fire, or other appropriate governmental 

agencies. 

We believe this information addresses each of the items specified in the Public Guidance for Petition for 

Exemption Filed Under Section 333 prepared by the FAA revision dated September 25, 2014. We are 

excited about the possibility of utilizing the X8-M for commercial pursuits and to better service our Clients 

and the public in general. We look forward to your decision. 

Very Truly Yours, 

CIVIL DESIGN CONSULTANTS, INC. 

James E. Hanley, PE 

Civil Design Consultants, Inc. 

President 

30 River Street 

Methuen, MA 01844 

T: (978) 416-0920 

F: (978) 416-7865 

E: JHanley@CivilDCI.com
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

The following summary provides a detailed description of the specific FAR’s that this office has requested 

consideration for exemption, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(‘the Reform Act’) and 14 CFR Part 11. Each of the following requests specify the the extent of the relief 

requested, the reasons the relief is necessary and an explanation of why the relief is in the public interest 

or what measures have been provided to assure a level of safety at least equal to that provided by the 

exempt rule. Finally, each of the following requests have been granted for several requests for 

exemption for other companies providing similar services in the civil engineering and land surveying fields 

(see Exemption #’s: 11824, 12314 & 12371). 

14 CFR 61.101 (e 4 & 5) specify that a recreational pilot may not act as a PIC of an aircraft ‘for 

compensation or hire and/or in furtherance of a business’. Similarly, 14 CFR 61.113 specifies that ‘no 

person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation or hire, act as 

pilot in command of an aircraft’. And finally, 14 CFR 61.113 states that ‘no person who holds a private 

pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an 

aircraft’. 

Each of the exemptions above relate to limitations on recreation and/or sport pilots. The limitations on 

the PIC under these regulation are typically geared toward manned aircraft systems much larger than the 

X-8M. The sUAS is unmanned, weighs under 10-LBS, will be limited to a maximum airspeed of 37-MPH 

and altitude ceiling of 400-FT. In addition, several failsafe systems and redundancies, as well as an 

autopilot system capable of launching, flying the mission and landing with little to no direction from the 

PIC at designed into the system. These measures assure a level of safety equal to or greater than the 

requested exemptions. 

14 CFR 91.7(a) specifies that ‘no person may operate a civil aircraft unless it is in an airworthy condition’. 

 This section establishes the procedures for the issuance of an airworthiness certificate. While the FAA 

continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an 

experimental certificate be issued for the 3DRobotics X8‐M. An equivalent level of safety is met, given 

the size, weight, and performance specifications of the X-8M, as well as the requirements contained in 

the flight operations described above. 

14 CFR 91.119(c) restricts the minimum altitude of an aircraft over congested areas to 500-FT and 

further requires that the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, 

or structure. The proposed sUAS has a maximum altitude of 394-FT and a default working altitude of 

197-FT. The X-8M has been specifically designed to excel in small small areas, fly at low altitudes and 

low air speeds allowing for mapping precision at a level of detail beyond what manned flights and 

satellite imagery can produce. The limitations on the aircraft under this regulation is intended to limit 

much larger manned aircrafts systems. The X-8M has been specifically designed to fly below 500-FT to 

perform the required apping and has been equiped with failsafe systems and redundancies, as well as an 

autopilot system capable of launching, flying the mission and landing with little to no direction from the 

PIC at designed into the system. These measures assure a level of safety equal to or greater than the 

requested exemptions. 

14 CFR 91.121 requires operators to maintain the cruising altitude by reference to an altimeter that is 

set, when operating below 18,000-FT MSL, to the elevation of the departure airport or an appropriate 

altimeter setting available before departure. The altitude of the X-8M will be controlled and maintained 

using GPS, not an altimeter. An equivalent level of safety will be achieved by by utilizing the Mission 

Planner software and the Pixhawk autopilot system combined with the built-in GPS system and following 

the procedures set forth in the Operating Manual. 

14 CFR 91.151(a)(1) specifies that no person may begin a flight in an airplane unless there is enough fuel 

to fly to the first point of intended landing and to fly after that for at least 30 minutes. As noted under 

the physical specification of the sUAS, the maximum flight time under ideal operating conditions is 14-

Minutes. This flight time will allow mapping of up to 25-Acres per flight. The unmanned X-8M will 
complete mapping operations within the 14-minutes limitation. Exemption from this CFR will allow 

mapping of greater quality and detail, result in less potential hazards to a field personnel and have less 

disturbance to the abutting property owners resulting in a significant public benefit. 

14 CFR 91.405 (2) require the owner of each aircraft to inspected the aircraft according to subpart E and 

have discrepancies repaired as prescribed in part 43 of this chapter. Similarly, 41.417(a) 1&2 specify the 

responsibilities and procedures for operations and maintenance, preventive maintenance, rebuilding and 

alteration to the aircraft. Finally, 91.417(a) and (b), described the extent, nature and time frame of 

maintenance records to be kept by the aircraft operator. 

Inspections and repairs of the sUAS will be performed according to the pre-flight routine and operations 

manual and as described in this document. These CFR’s are specific written to address manned aircraft 

systems much larger than the X-8M. Considering the size of the aircraft, these measures described in the 

pre-fight routine and the operations manual assure a level of safety equal to or greater than the 

requested exemptions. 

SUMMARY FOR PUBLICATION PURSUANT TO 14 CFR 11

The following summary is provided for publication in the Federal Register, should it be determined that 

publication is needed: 

Civil Design Consultants, Inc. seeks an exemption from the following rules: 14 CFR 61.101 (e 4 & 5), 

61.113(a), 61.315(a), 91.7 (a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 

91.409(a)(1&2), 91.417(a&b) to operate commercially a small unmanned vehicle (55 pounds or less) to 

pursue our commercial interests in performing aerial land surveying, aerial photography and aerial 

construction observation and monitoring. As established by the UAS exemptions already granted by the 

FAA, allowing commercial operations of UASs in these industries will enhance safety by reducing risk. 

 Conventional aerial survey and photogrammetry services require manned aircraft, operate at low 

altitudes and present the risks associated with aircraft that weigh around 4,000 pounds, and which carry 

large amounts of fuel. Such aircraft must also fly to and from the area for use. In contrast, a UAS 

weighing fewer than 55 pounds and powered by batteries eliminates virtually all of that risk given the 

small size and lack of combustible fuel. The UAS is carried, and not flown, to an area for use. In this 

regard, the UAS carries no passengers or crew and, therefore, will not expose them to the risks 

associated with manned flights. The operation of UASs conducted in the strict conditions outlined in the 

petition will provide an equivalent level of safety supporting the grant of the exemption requested. The 

UASs operate at slow speeds, close to the ground, and in a sterile environment. As a result, they are far 

safer than conventional operations conducted with aircraft carrying fuel and flying near persons and 

property on the surface.