# MULLIKIN **SURVEYS P.O. Box 790, Homer, AK 99603** 

**- 0790**  **Ph. & Fax: (907) 235**

**- 8975** 

November 2 4 , 20 1 5 U.S. Department of Transportation Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

Re: Exemption Request Pursuant to Secti on 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 61.113(a) & (b); 91.7(a): 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

D ear Sir or Madam :
Pursuant to Secti on 333 of the FAA Modernization and Reform Act, I, Donald E. Mullikin, operator of an Unmanned Aircraft Sy stem (UAS), hereby appl y, on behalf of Mullikin Surveys, for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial op eration of its UAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by

the FAA as required b y Section 333.

I would like to formally

submit for an exemption from Part 21, subpart H; and Sections 45.23(b), 91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). This proposed exemption would allow the operation of unmanned aircraft sy stems (UAS) for the purpose of aerial videography , photography , and LiDAR structure inspections

. Applicant: Donald E. Mullikin Owner Mullikin Surveys P.O. Box 790 Homer, AK 99603

- 0790 mullikin@xy

z.net (9 07) 235

- 8975 Commercial operation of an UAS, as described herein, which are equipped with camera and sensors, would operate in the following manner: •Aerial photograph y and/or video for public and/or private use. We have term contracts for land surveying with the State of Alaska Department of Transportation and PublicFacilities (Northern Region), the Alaska Railroad, and the U.S. Forest Service. We also

have completed term projects for the University of Alaska, ANTHC, Alaska Mental Health Trust, and Ala ska Communication Systems. We believe there will be a substantial economic benefit to public and private entities from our use of the UAS to gather photos, digital data, LiDAR points, and meanders. We have surveyed more than 30 airports for boundary , design, topography and TIN’s, airspace survey s, obstructions, etc. We have filed Notems. Therefore, both federal, state, local, and individuals would benefit financially

from our use of a UAS. •Aerial video and/or photography for public and/or private use including public and private events. As described fully

below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited, b) controlled, c) predetermined, and d) will provide safety enhancement s to the already safe operations in the industry

presentl y using conventional aircraft. Approval of this exemption would thereb y enhance safety and fulfill the Secretary of Transportation responsibilities to “. . . establish requirements for the safe operation of such aircraft s ys tems in the national airspace sy stem.” As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a PHANTOM 2 UAS. We will operate a UAS, the DJIPhantom 3 Professional, Model W323, which is comprised of an unmanned aircraft (UA or Phantom), an attached 12 K camera and a transportable ground station. The PHANTOM 3 is a quad

- copter with a gross weight of 2.8 pounds. It is equipped with four rotors that are driven by electric motors powered b y batteries. The UA has a maximum airspeed of 16 m/s. It will be operated over various metropolitan areas, primarily around the State of Alaska, to augment real estate listing videos, capture event aerial video and photography , and related business operations.

We also intend to use Spreading Wing S1000 + and Inspire 1. Both of these models have previously

been approved and granted exceptions.
**UAS Operating Parameters** We will abide by the f

ollowing additional operating conditions under this exemption, which ensures a level o f safety at least equal to existing rules: • operate UAS below 4 00 feet and within a radius distance of 1 ,5 00 feet from the controller to aid in direct line of sight visual observation; • obtain permission from the owner/controller of any vessels, vehic les and structures when operations may be conducted closer than 500 feet to any such vessels, vehicles or structures; we will conduct a safety assessment of the risk of operating closer to those objects and determine that it does not present an undue hazard; • land UAS prior to the manufacturer’s recommended minimum level of battery power; • operate UAS during daylight hours only within visual line of sight (VLOS);• use the UAS’ global positioning sy stem (GPS) flight safety feature whereby it hovers

and then slowly lands if communication with the remote control pilot is lost; • conduct all operations under the flight safety protocols (including posting a warning sign reading: “Attention Aerial Photograph y in Progress

– Remain Back 150 feet”) contained in the operating documents and will actively anal yz e flight data and other
sources of information to constantly update and enhance safety protocols; • contact respective airports if operations will be within 5 miles to advise them of his estimated flight ti me, flight duration, elevation of flight and other pertinent information; • alway s obtain all necessary permissions prior to operation; have procedures in place to abort flights in the event of safety breaches or potential danger; • only operate in safe e nvironments that are strictly controlled, are away from power lines, elevated lights, airports and densel y populated areas (defined by areas depicted in “yellow” on VFR charts and through obtaining information regarding congested
areas from the local Flight Standards District Office (FSDO); • conduct extensive preflight inspections and protocols, during which safety carries primary importance (reference PHANTOM Flying Flow Chart and User Manual). Regarding UAS operational training, we have flown numerous p ractice flights in remote areas as hobbyists simulating flights for future commercial use to gain familiarization with the characteristics of the UAS’ performance under different temperature and weather conditions.
**Specific Exemptions Requested** Given the size, weight, speed, and limited operating area associated with the UA, we feel an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203(a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L . 112

- - - 95 (Section 333). We request an exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin, cockpit or pilot s tation on which to mark certain words or phrases. Further, the two

- - - inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, we can mark the UAS in the largest possib le lettering b y placing the word “Experimental” on its fuselage as required b y § 45.29(f) so that anyone will see the markings. We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an airworthiness certificate, since there is currentl y no certificate applicable to our operation, this regulation is inapplicable. We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections since they only appl y to aircraft with an airworthiness certificate. However, as a safety precaution we will perform a preflight inspection of the UAS before each flight as outlined in the attached operating documents.We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the

aircraft, however since there are no pilots or passengers on board the aircraft and given its size, this regulation is inapplicable. We believe an equivalent level of safety will be achieved b y m aintaining a safety/ flight manual with the UAS ground station. We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. We will not operate our UAS above the altitude of 4 00 feet above ground level (AGL) and will also only operate in safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes.” Given the size, weight, maneuverab ility, and speed of the UAS, an equivalent or higher level of safety will be achieved. We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the UAS utilizes electronic GPS with a barometric sensor. We request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions. The UAV is 100% electric and two low battery alerts are issued

- - - per the operating documents, the UAV will be landed at the first alert. Also, our flights will last only 23 minutes each, and the UAS has an automated function, which results in immediate landing when a low battery

is detected. The PIC will not begin a f light unless (considering wind and forecast weather conditions) there is enough power to fl y to the first point of intended landing and, assuming normal cruising speed, land the UA with 30% battery power remaining. We do request an exemption for UAS distance to structure. This would be necessary in order to complete photogrammetry and obtain LiDAR data for bridges, dams, towers, and wind turbine stacks. Likewise, the distance from the PI C and PO would need to be a lesser distance, and, therefore, an exempt ion is required.

**Public Interest** We have surveyed all over Alaska from Point Barrow to Craig to St. L awrence Island and also along the Canadian border. UAS will allow us to obtain information in remote regions at a reasonable cost for federal, state, boro ugh, city , and private concerns. It is usually quite expensive to mobilize a gas helicopter or plane to obtain photogrammetry in many remote areas of Alaska. We have checklists and safety meetings for each of our survey projects. We will do the same for our quadracopter operations. “Walk around” check, propeller check, batteries check, weather forecast, flying limitations, possible obstacles, e.g., guy wires, power line, and terrain considerations. We own ground based LiDAR used to create 3

- D images and to pograph y. We have used it to scan bridges. We also have stitched photographs to create a 3

- D image of various situations including a 200 ft. high dam. We will be at a significant disadvantage if we cannot utilize our UAS to obtain data and develop new and innovative tasks.Further, the small UAS will pose no threat to the public given its small size and lack of

combustible fuel when compared to larger manned aircraft. **Summary** We will comply

with all of the following conditions and limitations should thi s exemption be provided: 1) Operations will be limited to the following aircraft described in the operating documents, which is a quad

- - - rotor aircraft weighing 2.8 pounds: Phantom 3 Pro Unmanned Aircraft Sy stem; the Inspire 1 and Spreading Wings S1000+ which weighs less than 12 pounds. 2) The UA will not be flown at an indicated airspeed exceeding 50 knots. 3) The UA will be operated at an altitude of no more than 400 feet above ground level (AGL), All altitudes reported to ATC must be in feet AGL. 4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command (PI C) at all times. 5) All operations will utilize a visu al observer (VO). The UA will be operated within the visual line of sight (VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally

at all times. The PI C will be designated before the flight and will not transfer his or her designation for the duration of the flight. The PI C will ensure that the VO can perform the functions prescribed in the operating documents. 6) The operating documents will be accessible during UAS operations and made available to the Administrator upon request. An y revisions to the operating documents will be presented to the Administrator upon request. 7) P rior to each flight, the PI C will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station will be included in the preflight inspection. All maintenance and al terations will be properl y documented in the aircraft records. 8) An y UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. The PIC wh o conducts the functional test flight will make an entry in the aircraft records. 9) The pre

- flight inspection section in the operating documents will account for all discrepancies, i.e. inoperable components, items, or equipment, not already covered in th e relevant sections of the operating documents. 10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 11) We will carry

out maintenance, inspections, and record keeping re quirements, in accordance with the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft records, including total flight hours, description of work accomplished, and the signature of the authorized person returning the UAS to service. 12) Each UAS operated will comply with all manufacturer Safety Bulletins.13) An authorized person will make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 14) UAS ope rations will be conducted by a PI C possessing at least a private pilot certificate and at least a current third

- class medical certificate or a valid U.S. driver’s license. The PIC will also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate. 1 5 ) The PI C will not operate the UAS for the purpose of surveying with photogrammetry , LiDAR, inspections, aerial videograph y/ photography

and for real estate listing videos and public an d private events and similar operations, unless the PI C has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safel y operate the UAS in a manner consistent with the operating documents, including evasive and emergency
maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 1 6 ) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations will be conducted under visual meteorological conditions (VMC). 1 7 ) T he UA will not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- - - published aeronautical chart. 18 ) The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PI C. 1 9 ) If a UA loses communications or loses its GPS signal, it will return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 2 0 ) The PI C will abort a flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 2 1 ) The PI C will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly at nor mal cruising speed to the intended landing point and land the UA with 30% battery power remaining. 2 2 ) We will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations, and also reques t a Notice to Air

-

- - man (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. 2 3 ) Before conducting operations, the radio frequency spectrum used for operation and control of the UA will comply with the Federal Communications Commissio n (FCC) or other appropriate government oversight agency requirements. 2 4 ) The documents required under 14 CFR 91.9 and 91.203 will be available to the PI C at the Ground Control Station of the UAS any time the UAS is operating. These documents will be made available to the Administrator or any law enforcement official upon request. 2 5 ) The UA will remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 2 6 ) The UAS will not be operated b y the PIC from any moving device or vehicle. 2 7 ) The UA will not be operated over congested or densel y populated areas.28 ) Flight operations will be conducted at least 500 feet from all nonparticipating persons,

vessels, vehicles, and structures unless: a.) Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. We will ensure that nonparticipating persons remain under such protection. I f a situation arises where nonparticipating persons leave such protection and are within 500 feet of the 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 PI C 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 PI C, VO, operator trainees or essential persons do not p resent an undue hazard to those persons per § 91.119(a). 29 ) All operations will 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 to be conducted. 3 0 ) An y incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y the applicable COA will be reported to the FAA's UAS Integration Office (AFS

- - - 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.
We do request any necessary exceptions as have been granted to other UAS exemption requests in order to complete our exemption request.

If you have questions or need additional information, please contact me at mullikin@xy z.net or ( 907 ) 2 35

- 8 9 75

. Thank you,
Sincerel y ,

Donald E. Mullikin , P.L .S. Owner Mullikin Surveys

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