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 th is 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 surv eying, aerial photography and aerial construction observation and monitoring. Consideration for exempt ion 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 locate d at 30 River Street in Methuen, Massachusetts. We provide land planning, design, permitting and co nstruction administration services for our Clients located throughout New England. Th e development of existing conditions plans, including the generation of topographic mapping, through conventional surv ey 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 accura te 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 mode l 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 megapixe l 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 altitude s and low air speeds allowing for mapping precision at a level of detail beyond what manned flights and sate llite 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 mo del 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 3D Robotics 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 wayp oints 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 fa cing 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 re quired for autonomous flight. The operator shall monitor the Flight Data screen for failsafe indication s during operations. If a failsafe is triggered, the assigned behavior will activate. To override the failsa fe 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 certifi cation, at a minimum, prior to operating the sUAS. The FAA sports pilot certification requires a minimu m 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, contro lled-access, or public property where approved,

 Permission from the land owner/authorit y 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 author ity, or air traffic control when a control tower is present at the airport,

 All operations shall comply with required permissi ons and permits established by territorial, state, county or city jurisdictions; including local law en forcement, fire, or other appropriate governmental agencies.

We believe this information addresse s each of the items specified in the Public Guidance for Petition for Exemption Filed Under Section 333 prepared by the FAA revision da ted 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.comEXEMPTION 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, pursua nt 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 expl anation of why the relief is in the public interest or what measures have been provided to assure a leve l of safety at least equal to that provided by the exempt rule. Finally, each of the following requ ests 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; no r 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 ai rcraft that is carrying passengers or property for compensation or hire; nor may that person, for comp ensation 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 to ward 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, severa l 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 assu re a level of safety equal to or greater than the requested exemptions.

14 CFR 91.7(a) specifies that ‘no person may operate a c ivil aircraft unless it is in an airworthy condition’. This section establishes the procedures for the issu ance of an airworthiness certificate. While the FAA continues to work to develop ai rworthiness 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 th e 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 ai rcraft under this regulation is intended to limit much larger manned aircrafts systems. The X-8M ha s been specifically designed to fly below 500-FT to perform the required apping and has been equiped wi th failsafe systems and red undancies, 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 assu re a level of safety equal to or greater than the requested exemptions.

14 CFR 91.121 requires operators to maintain the cruisi ng altitude by reference to an altimeter that is set, when operating below 18,000-FT MSL, to the elev ation of the departure airport or an appropriate altimeter setting available before departure. The al titude 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 co mbined 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 flig ht 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 willcomplete 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 ma intenance, 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 performe d according to the pre-flight routine and operations

manual and as described in this document. These CF R’s are specific written to address manned aircraft systems much larger than the X-8M . Considering the size of the aircra ft, 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 fr om 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 oper ate 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 establ ished by the UAS exemptions already granted by the FAA, allowing commercial operations of UASs in thes e 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 aircra ft 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 an d, 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, an d 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.