# • 

# esrr

February 4, 2016

U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Petition for an Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 20 12 Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Refonn Act of2012 ("Reform Act") and 14 C.F.R. Part 11 , Environmental Systems Research Institute, Inc. ("Esri'') hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below to allow commercial operation of small unmanned aerial systems ("UAS") for the purpose of conducting aerial imaging, videography, topographic mapping, photogrammetry and remote sensing. The operating conditions and limitations set forth below, which Esri is willing to accept, are identical to those in the exemption granted to other similarly situated UAS operators, including, but not limited to Aeryon Labs, Inc. The only difference in this request is that Esri is proposing the 3DR Solo

**UAS~** however, the FAA has also granted an exemption request previously for use of the JDR Solo for commercial purposes. Since the 3DR Solo specified in this request is the same craft that the FAA has already approved, and because Esri will operate the 3DR Solo UAS fully in compliance with the conditions in exemption precedent, the FAA need not provide notice in the Federal Register or ask for public comment. For these reasons. this petition for an exemption meets the requirements for summary processing. This petition for exemption is made based on information outlined in this Petition for Exemption, as well as the accompanying Esri document ; specifically the Flight Operations Manual.

380 New York Street Redlands

. Califorma 92373-8100 USA 909 793 2853 1nfo@esri com esn com

### Page 2

For your convenie nce, this Petition is organized as follows: I. Description of Petitio n er II. Description of Proposed Operations A. 

### Aerial Imaging , Vidcography, Topographic Mapping, Photogrammetry and Remote Sensing III. Relevant Statutory Authority IV. Esri's Proposed UAS Operations Meet the Requirements of Section 333 of the Reform Act 

### A. Approval is Warranted Based on the UAS's S ize, Weight, Speed, and Operational Capability B. 

### Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manuals V
. Regulations from Which Exemption is Requested A. 

### 14 C.F.R. Part 21, Subpart H -A irworthiness Certificates and 14 C.F.R. § 

### 91.203(a)(l) B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft C. 14 C.F.R. 

### §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Mark ing and Identification Requirements D. 14 C.F.R. 

### § 91.405(a), 91.407(a)( l ) , 91.409(a)(l) and (2); 91.417(a) and (b): Maintenance Inspections E. 14 C
. F.R
. Part 61 , 14 C.F.R. 

### § 61.3, 14 C.F.R. § 

### 61.113: Private Pilot Privileges and Limitations F. 14 C.F.R. 

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

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

### 9 1 .203(a) and (b): 

### Carrying Civ il Aircraft Certification and Registra ti on H. 14 C.F.R. § 

### 91.103: PreflightAction I. 

### 14 C.F.R. § 91.109(a): Flight Instruction 1. 

### 14 C.F.R. § 91. 11 9(c): Minimum Safe Altitudes K. 

### 14 C.F.R. 

### § 9 1
. 121 : Altimeter Settings L. 

### 14 C.F.R. § 91.15l(a): Fuel Requirements for Flight in VFR Conditions Vl. Drug and Alcohol Program VII. Public Interest VIII. Privacy IX. Federal Register Summary X. ConclusionPage 3



### I. DESC RIPTION OF PETITIONER Since 

### 1969 , Esri has helped organizations map and model our world. Ow- GIS technology allows users to effectively manage and analyze geographic information so they can make better decisions. We offer flexible, configurable, and easy-to-usc gcospatial solutions that let anyone access informative maps and location apps anywhere and on any platform or device
. These solutions are supported by our experienced staff and extensive network of busines s partners and international distributors. Esri applications provide the backbone for the world 's mapping and location analysis. Esri software is used in more than 350,000 organizations worldwide including each ofthe 200 largest cities in the United States, more than two-thirds of Fortune 500 companies, more than 24 ,000 state and local governments worldwide , hundreds of U.S. government organizations including DoD, IC, and federal civil agencies , and many others in dozens of industries. Private ownership , a zero-debt policy, and a firm commitment to fulfilling the needs of ow- customers all help Esri maintain its position as the world leader in GIS software. As a socially conscious business , we are proud that our technology is used by many organizations who apply location-based insights to solve problems and make our world a better place to live. We also actively support organizations involved in education, conservation , sustainable development, and humanitarian affairs. Esri seeks an exemption to allow for aerial imaging , videography , topographic mapping , photogrammetry, remote sensing, and related data collection. The contact information for Esri is as follows: ATTN: Lawrie E. Jordan , III Director of Imagery and Remote Sensing Environmental Systems Research Institute , Inc. 380 New York Street Redlands , CA 92373 USA Phone: (909) 793-2853 , Extension 1406 E-mail: ljordan@esri.com 

### II. DESCRIPTION OF PROPOSED OPERATION Esri seeks an exemption pursuant to Section 333 of the Reform Act to operate small, commercially-produced , consumer Unmanned Aircraft (UA) to collect imagery, video and mapping data to be used in the development and testing ofEsri software. All UAS operations will occur under controlled conditions on where Esri has received documented permission to operate from the landowner, controller or authorized representative. The proposed UAS operations will be conducted in accordance with the conditions and lin1itations of this Petition for Exemption and Esri's Operations Manuals. As detailed in Esri ' s Operations Manuals , all UAS operations will be limited to daytime VFR conditions in accordance to an approved Certificate of Waiver or Authorization (COA). Esri ' s Operational procedures incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area ofUAS operations, including GPS "geefencing" technologies.Page4



### III. RELEYANT STATUTORY AUTHORITY Th is Petitio n f or Exemption is subm itted pursuant to Section 333(a) through (c) of the FAA Modc mi ;r.ation and Reform Act of2012 (" Reform Act")
. Co ngress has directed the FAA "to safe ly acce lerate the integration of c ivil unmanned aircraft systems into the national airspace syst em ." Pursuant to Section 333 o f the Reform Act , t he FAA Ad min istrator is to permit UASs to operate in the National Airspace Systems ("NAS") where it is safe to do so based on the fol lowing considerations:
• T he UAS's s ize, weigh t, speed and ope ratio nal

**cap ilit**  **y~** • Operati o n of the UAS in close proximity to airp or ts and popu lated areas; and • Operati on of the UAS wit hin the visual line of sight of the operator. Additi o nall y, the FAA Administrator has general a uthori ty to gran t exemptions from the agency's safety regul ations and minimum standards when t he Ad min istrat or decides a requested exemption is in the public interest. See 49 U.S.C. 

### § 106(£) (defin ing the authority oft be Admi nistrator); 49 U.S.C. 

### § 44701(f) (permitting exemptions from§§ 4470l(a), (b) and §§ 44702 447 16, et seq.). A party requesting an exemption must explain the reasons why t he exemption: ( 1) would benefit the public as a who le, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existi ng rules). See 14 C.F.R. 

### § 11.81 (petitions for exemption). 

### IV. ESRI 'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFOIV'\1 ACT The small UAS operations proposed by Esri as noted above in th is Petition for Exemption quali fy fo r exped ited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and re l evant factors ar e satisfied. 

### A
. Approval is Warranted Based on the VAS' s 

### S ize, Weight, Speed, and Operational Capability A Grant of Exemption is app r opriate for operations conducted us ing the UASs due to their s ize weight, speed, and operational capabi li ty.

• Si milar UAS to that proposed by Esri have been approved for use in prior Section 333 Grants of Exemption from the FAA.

• l'he UAS weighs less than 55 pounds , including payload

• The UAS wi ll not be flown at a ground speed in excess of 87 knots. The exemption ho lder may use either groundspeed or calibrated airspeed to detem1ine comp li ance w ith the 87 knot speed restriction.

### Page 5

• Altitude information will be generated by equipment onboard the UAS as specified using GPS triangulation , digitall y encoded barometric altimeter , rad io altimeter , or any combination thereof. This infonnation will be transm itted to the pilot via telemetric data feed.

• The UAS will have sys tem redundancies and independent functionality to ensure the overall safety and predictabili ty of the system. I f connection to the remote control or ground contro l station is lost, failsafe systems will permit the UASs to return to a predetermined location and safely land without injury or damage.

• The radio frequenc ies used for operations and control of the UAS comply with the Federal Communications Commission ("FCC") and other app ropriate government oversight agency requirements. The operating frequency fo r the UAS is 2.4 GHz frequency b ands. I f the same operat ions were conducted using a helicopter, the aircraft's take-off weight would like ly exceed 6,00 0 pounds depending on payload . The d ifference i n weight between the UAS and a hel icopter significantly reduces the potential harm to the participating and nonparticipatin g individuals and/or surrounding property in the event of an unintended accident or incident. In 

### addition , the risk to the onboard p il ot and camera operator is eliminated. B
. Approval is Warranted Ba sed on the Operational R estrictions Set Forth in E sri ' s Operation s Manual s Esri 's Operations Manuals and the Manufacturer's Manual for the selected UAS will contain all the procedures and limitations necessary to safely and successfu lly perform the operations specified in this Petiti on for Exemption. To assist the FAA in maki ng a safety assessment of Esri ' s proposed operations, below is a summary of operational limitations and conditions that Esri will adhere to , and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guide lines: 1. The UAS weighs less than 55 pounds , with payload. 2. All operations shall be conducted over property with documented perm ission from the land owner /controller or authorized representative. Permission f rom land ow ner/controller or authorized representative will be obtained fo r each scheduled flight prior to operation. 3. All UASs operated under the Grant of Exemption will comply with 14 CFR part 48 pertaining to the registration and marking requirements for small unmanned aircraft. 4. Minimum crew fo r each flight operation will consist of a pilot, who will be Pilot-in Command (" PIC") of the UAS , and one or more Visual Observers ("VO") as necessary to safely conduct the mission.Page 6

5. PICs will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on h1s or her pilot certificate
. 6. The UAS shall be operated within visual line ofsight ('"YLOS'') of the PIC and YO at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued medical certificate. 7. The PIC and YO designated for any operation will be able to communicate verbally at all times. 8. Electronic messaging or texting will not be permitted during flight operations. 9. The additional requirements identified in the Grant of Exemption and COA(s) shall be added to the Esri's Operations Manuals. The Operations Manuals will be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and Esri's Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence and will be followed. Otherwise, Esri shall follow the procedures outlined in their Operations Manuals. 10. Esri may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided to the Administrator upon request. Esri will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or revision would affect the basis upon which the FAA grants the exemption, Esri will seek an amendment to its Grant of Exemption. Esri will contact the FAA's UAS Integration Office (AFS-80) if questions arise regarding updates or revisions to the operating documents. 11. Esri Operations Manuals and its Grant of Exemption will be available to the PIC at the ground control station anytime the UAS is operating. 12. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed with a 25% reserve. 13. Maximum total flight time for each operational flight using the UAS will be limited to 75% of the battery capacity leaving a 25% reserve 14. Flights will be operated at an altitude of no more than 400 feet above ground level (''AGL") and will never enter navigable controlled airspace without authorization and approval from the FAA. 15. Flight operations will be conducted at least 500 feet from all nonparticipating persons. (persons other than the PIC, YO, operator trainees or essential persons),Page 7 vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAS 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 the UAS, flight operations must cca-;c 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, YO, operator trainees or essential persons do not present an undue hazard to those persons per§ 91.119(a). 16. Esri intends to operate under the ''blanket" COA and will not conduct UAS operations under the following conditions: a. Nighttime as defined in FAR 1.1

**~** or b. During IFR conditions; or c. Within 5 nautical miles (NM) from an airport having an operational control tower; or d. Within 3 NM from an airport with a published instrument flight procedures, but not an operational tower; or c. Within 2 NM from an airport without a published instrument flight procedure or an operational tower; or f. Within 2 NM from a heliport with a published instrument flight procedure; or g. At altitudes in excess of200 feet unless specifically authorized in the exemption. 17. Prior to each flight the PIC shall inspect the UAS to confirm that it is in a condition safe for flight. The pre-flight inspection will account for all discrepancies, (e.g., inoperable components, items, or equipment), not already covered in the relevant sections of the operating documents as well as equipment updates. The PIC will not operate any UAS if the inspection reveals a condition that affects the safe operation of the UAS until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations will be properly documented in the UAS's records as required by Esri's Operations Manuals. 18. Esri will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection, and alterations will be fully noted in the UAS records. including total time in service, description of maintenance accomplished, date completed and the signature ofthe person returning the UAS to service. 19. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement of a night critical component)Page 8

must timely w1dergo a functional test flight in accordance with Esri'sOperations Manuals and manufacturer guidance. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records ofthe flight. The requirements and procedures for a functional test Oight and UAS record entry shall be included in the Esri 's Operations Manuals. 20. The UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins and product updates
. 21. Prior to the operation, a Mission Plan will be created in accordance with the requirements on Esri's Operations Manuals. 22. Esri will obtain Certificate of Waiver or Authorization , otherwise known as a "COA," prior to conducting any operations under this Grant of Exemption. 23. All required permissions and permits will be obtained from federal, state, and local jur isdictions, including local law enforcement, fire or other appropriate governmental agencies. 24. Ifthe UAS loses communication with the PIC , it will have the capability to safely return to a pre-determined location within the operational area and land safe ly. 25. Contingency plans will be in p lace to safely terminate flight ifthere is a loss of commun ication between the PIC and the VO. 26. PIC will also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state. the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. 27. Operat ions shall occur during daytime VFR Meteorologica l Conditions; flights under special visual flight rules ("SVFR") will not be conducted. 28. The UAS shall remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles , parachute activities, parasailing activities, hang gliders, etc.). 29. The UAS will not be operated by the PIC from any moving device or vehicle. 30. The radio frequency spectrum used for operation and control ofthe UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 

### V. REGULATIONS F ROM WHICH E XEMPTION IS RE QUES TE D The Federa l 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 UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is 

### in the public interest. 3 Esri seeks an exemption from several interrelated provisions ofTitle 14 ofthe Code of FederalPage 9 Regulations (" 14 C. F. R ") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using UAS platforms noted above. Listed below are: (l) the specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Esri has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 4 UNMANNE D AIRC RAFT SYS T EM A. 14 C.F.R. Part 21, Subpart H

- Airworthiness Certificates and 14 C.F.R. 

### §9l.203(a)( I) The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS se lected provides an equivalent level of safety when compared to aircraft normally used for the same app lication. These criteria are met and in point of fact exceeded, and therefore no exemption is needed.

**~** I f. however, the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act. an exemption is requested. Equival e111 Level of S a

fety Esri's use of the UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description of proposed operations in Section IV(A), the UAS weighs less than 55 pounds, including payload and will not be flown at a ground speed in excess of 87 knots. Additionally, the UAS carries neither pilots nor passengers, carries no explosive materials or flammable liquid fuels, or other elements identified by the Department of Homeland Security as being prohibitive. Operations conducted under this exemption wi ll be closely controlled and monitored by the P IC operator and will be conducted in compliance with local public safety requirements, to provide security for the area ofoperation. In all cases, operation of the UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft opera ting with an airworthiness certificate. Lastly, the UASs do not need a means 3 49 U.S.C. § 4470 I(f) (authori7ing the grant ofexemptions from requirements ofregulations prescribed pursuant to Sections 4470 l(a) and (b) and Sections 44702- 44716). 4 14 C.F.R § 11.81 (c), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level ofsafety at least equal to that provided by the rule from which you seek exemption. s See Grant ofExemption No. II 062 to Astraeus Aerial (FAA-20 14-0352 at pgs. 13-14, 22).Page 10

to communicate with other aircraft or ATC. because those capabil ities will he solely possessed by the PIC and VO, who arc not onboard the UAS. 6 

### B
. 14 C. F
. R. Par t 27 Airw orthin ess Stand a rd s: No rma l Ca tego ry Rotorc r aft Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness ccrti ftcation of normal category rotorcrafl. To the extent that bsri ' s small UAS would otherwise require certification under Part 27, Esri seeks an exemption from Part 27's airv•orthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart H, 

### supra. 

### C
. 14 C.F. R. 

### §§ 91.9 (c), 45. 23(b) and 45.27(a ): Aircraft M a rkin g and Identifi cation R equire ments Esri seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. 

### §§ 91.9(c). 45.23(b) and 45.27(a).
• 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.
• 14 C.F.R. § 45.23(b). Markings of the Aircraft, states: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft. the operator must also display on that aircraft ncar each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," " ligh t-sport. "experimental," or "provisional," as applicable.
• 14 C.F.R. 

### § 45.27(a). Rotorcraft, states: bach operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom. or tail the marks required by § 45.23.

6 See Grant ofExemption No
. II 062 to Astraeus Aerial (FAA-20 14-0352 at pg. 13).Page 11

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N-Number) markings in accordance with 14 C.F.R Part 45. Subpart C if the markings arc as large as practicable." 7 E quival e11t Level of Safety All UAS operated by Esri will comply with 14 CFR part 48. "Registration and Marking Requirements for Small Unmanned Aircraft." 

### D. 14 C.F. R
. 

### § 91.40S(a), 91.40 7(a)( l ), 9 1.409(a)( l ) a n d (2); 91. 4 17(a) and (b): Main tenance In spections Esri seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. 

### § 91.405(a), 91 .407(a)(l), 9l.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. Sec, 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 prescribed in part 43 of this chapter"). An exemption from these regulations is needed because Part ./3 and these sections only apply to aircrafl · with an airworthiness cerl(ficate
. which the UAS

**pla~forrns** to be operated under this grant of exemption will not have. (Emphasis added) E quival ent Level of Safety An equivalent level of safety will be achieved or exceeded because maintenance and inspections will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by Esri 's Operations Manuals. the PIC v,ill conduct a pre-flight inspection of the UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the UASs and no flights will occur unless, and until, all flight critical components of the UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight-critical components. As required by Esri's Operations Manuals, the PIC \\hO conducts the functional test flight will make an entry in the UAS aircraft records of the flight. Esri's Operations Manual also includes requirements to follow the manufacturer's UAS aircraft/component, maintenance, overhaul. replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Esri 's Operations Manuals also include procedures to document and maintain a record of the UAS's maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the UAS used under this Grant of Exemption. As a whole, the maintenance and inspection procedures required in
1 FAA Docket No. FAA-2014-0352.Page 12

Esri 's Operations Manuals ensure that an equivalent or higher level of safety will be achieved. 

### PILOT-IN-COMMAND OF THE VAS E. 14

**C.F.I~.** 

### § 61.113: Private Pilot Privileges and Limitations Esri seeks exemption from 14 CFR 

### § 61. 11 3, which rest ricts private pilot ccrti licate holders from flying aircraft for compensation or hire, and wou ld also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated as part of a commercial operation, they carry neither passengers nor cargo. In the Grant of Exemption to Ast raeu s Aerial, the FAA determined that the unique characteristics of UAS o peration outside ofcontrolled airspace did not warrant the add itional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and C lass II Medical Certificate. 8 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits for the type ofUAS operations requested in this petition. 

### E quival ent Level of Safety The restrictions Esri has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Esri will operate on private property away from persons and property not involved in the operation. All operations will be conducted in accordance with the conditions of this waiver and airspace limitations specified in the COA. I n add iti on to these flight restrictions. Esri will further ensure safe operation by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects of UAS night. The pilot qualification, training, and currency requirements in the Operations Manuals ensure that Esri pilots arc competent and proficient in the UAS they are operating. Esri'straini ng and qualification requirements are consistent w ith those contained in prior FAA Section 333 Grants of Exemption, and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety to the public.

8 Exemption No. 11062 (FAA Docket No. FAA-2014-0352)
.Page 13

OPERATING PARAMETERS OF THE UAS 

### F. 14 C.F.R. 

### § 9J.7(a): Civil Aircraft Airworthiness Inasmuch as there will be no airworthiness certificate issued for the UASs. J : sri seeks an exemption from 14 C.F.R. § 91.7(a), w hi ch requires that a civil aircraft be in airworthy condition to be operat ed. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the exten t that the requirements of Part 2 1 are waived or found inapplicable. 9 Accordingly, Esri requests that the requirements fo r § 91.7(a) be treated in accordance with Sectio n V(A), supra. 

### G. 14 C .F .R. 

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

### § 91.203(a) and (b): Carrying Civ il Aircraft Certification and Registration Title 14 C.F.R. § 91.9(b) (2) and§ 91.203(a) and (b) require the operator to carry airworthiness documents and other aircraft manuals onboard the air craft. Pursuant to 14 C.F.R. 

### § 91.9(b) (2): (b) No person may operate a U.S.-registercd civil aircraft

- (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this c hapter, unless there is available in the ai rcraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Pursuant to 14 C.F. R
. §

**91~203(a)** and (b): (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropri ate and current airworthiness certificate [
... ) (b) No person may op erate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under§ 91.7 15 is displayed at the cabin or cockpit e ntrance so that it is legible to passengers or crew. Given the sma ll size and configuration of the UAS, it would be impractical to keep airworthiness documents and ot her aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockpit. As a way to comply with the code Esri will maintain the documents with the PIC and make them available fo r inspection. 

### Equivalellt Level of Safety In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith , Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91 .9(b) and 91.203(a) and (b) is met if the pilot ofthe unmanned ai rcraft has access to the UAS flight
9 See ld. at 13-14, 22.Page 14
manual, registration certi1icate, and other required documents from the ground control station from which he or she is operating the aircraft. 10 As th is FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to e n sure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground contro l station from which he or she is pi loting the UAS. 

### H
. 14 C.F
. R. 

### § 9 1.103: P refli ght Action Esri 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 contained in the FAA-approved Flight Manual on board the aircraft. While the PI C will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAAapproved Flight Manual is required. 

### Equival ent Level of S a

fety An equivalent level of safety will be provided by following the Esri's Operations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance with the Esri's Operations Manuals, including checklists covering Pre-Flight, Launch, Landing, and Post-Flight procedures. The PIC wilJ also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas-before initiation of flight. Esri's Operations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the P I C at all times while operating the UAS. I. 

### 1 4 C.F .R
. 

### § 9 1.109(a): Flight In stru ction Esri seeks an exemption from 14 C.F.R. 

### § 91.1 09(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instructio n un less that aircraft has fully functioning dual controls." UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. 

### § 91.1 09(a). 

### Equival ent Level of Safety Given the size and speed of the UASs that Esri intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Esri's Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any d ifficulties during flight instruction. Moreover, as required by the Esri's Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for in Esri's Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety
10 Memorandum from Marlo.. Bury, FAA Assistant ChiefCounsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-20 I4-0352 at 16-18.Page 15

than that provided by the night instruction regul ations. 

### J. 14 C.F. R. 

### § 9 1.11 9(c): M inimum Saf e Altitud es Esri requests an exemption from the minimum safe altitude requirements of 14 C.F.R. §91.119(c). 11 Section 91.119 prescribes the min imum safe altitudes under which aircraft may not operate, including 500 

### reel above the surface and away from any person, vessel, vehicle, or structure in non-congested areas. See 14 C.F
. R. 

### § 9l.119(c). Section 9l.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," provided that "each person operating the helicopter complies with any routes or altitudes specilically prescribed for helicopters by the FAA." An exemption is required because the proposed UAS operation will normal ly need to occur below 400 feet AGL. Additionally, due the nature ofthe proposed operations. the PIC and/or VO(s) may need to be less than 500 feet away from the UAS. Equival e11t L evel of S a

fety Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the above noted UASs, any risk associated with these operations is far less than those which presently exist \.\>ith conventional aircraft. An equiva lent leve l of safety will be achieved given the size, weight, and speed of the UASs, as well as the controlled location where the operations will occur. As set forth in the Operations Manuals, the UAS will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the UAS and any possible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicles or structures un less the property owner/controller timely has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and, operations near the PIC or VO will not present an undue hazard per§ 9l.ll9(a). Adherence to these restrictions in

11 Relief from § 91.119(a) will not be necessary because Esri wi II be able to perfonn an emergency landing without undue bazard to persons or propert) on the ground in the event ofa failure
. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91
. 119(b) will not be necessary. See e.g. , Grant ofExemption No. 11157 to Slugwear, Inc
. , dba Like on a tree Aerial (FAA-20 14-0534 at 15).Page 16

l.:.sri's Operations Manuals will ensure operations can be conducted without compromis ing public safety. 12 

### K
. 14 C. F
. R
. 

### § 9 1.121 : A lt i met er Settin gs Esri seeks an exemption from 14 C.P.R. 

### § 91.121, which requires a person operating an aircraft to maintain cruising altitude or night level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out. 

### Equ ival ent Level of S a

fety The FAA has stated that an equivalent level of safety to the requirements of 1 4 C.F.R. §91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or below 13
, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the on board GPS. 14 The UAS that Esri intends to usc for the proposed operations will meet all these operational character istics. Moreover, as required by Esri's Operations Manuals, the P I C will be required to calibrate the aircraft's GPS compass prior to each fli ght operation. Like prior FAA Sectio n 333 Grants of Exemption, the UAS Esri intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level of safety or greater level will be achieved, and a Grant of Exemption to the requirements of 

### § 191.121 is therefore appropriate. L. 

### 14 C
. F. R. 

### § 9 1.151 (a) : Fu el R equir e me nts for Flight in VFR Co ndition s Esri requests an exemption from 14 C.F.R. 

### § 9 1 .151 (a)'s fuel requirements for flight in VFR conditions. Section 91.151 states:

12 See e.g., Grant ofExemption No. 11138 to Douglas Trudeau (FAA-20 14-0481 at 19): "lfbarners or structures are present that can sufficiently protect nonparticipating persons from the UA or debris m the event ofan accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately. When considering how to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In addition, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller ofany such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment ofthe risk ofoperating closer to those objects and determines that it docs not present an undue hazard."
n If the height ofthe structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure. 11 See Grant ofExemption No. 11062 toAstraeusAerial (FAA-2014-0352 at2l}.Page 17
(a) No person may begin a flight in an airplane under VFR conditions unless (considering '"'ind and forecast weather conditions) there is enough fue l to fly to the first point of intended landing and. assuming normal cruising speed (I) During the day
. to fly after that for at least 30 minutes : or (2) At night, to fly after that for at leas t 45 minutes. Here. the technological limit ations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30-minutc battery reserve. An exemption from the fuel requirements of 14 C.P.R.§ 91.151(a) is therefore required. Moreover, it is not Esri 's intention to fly the UASs at night. 

### Equivalent Level of Safety In the Grant of Exemption to YDOS (Exemption No. 11112), the f-AA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a UAS flight unless (cons id ering wind and forecast weather conditions) there was enough power t o fly to the first intended point of landing and, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteries for the UAS provide approximately 50 minutes of powered flight (with payload) and provided battery level and battery time remaining in minutes and seconds to the PIC. 15 The FAA also considered the fact the UAS operating manual states: "start every flight with a fully charged battery in the aerial vehicle", and that in the event that the UAS should run low on power, the PIC will be alerted and can safely land theUAS as soon as possible. Like the YDOS Grant of Exemption, Esri's use ofthe UAS, combined with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded. Similarl y, in the Grant of Exemption to Alan Purwin (Exemption No. 11161). the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditions), ther e was enough power to safely fly at normal cruis ing speed to the intended landing point and land the UA with 25% battery power remaining. Esri will adhere to this limitation for its UAS flight s. The UAS includes a low battery warning system and the amoun t of battery reserve power remaining is continuous ly transmitted to the PIC via telemetric data feed. which downlinks from the UAS to a ground-based-on-screen display. 16 As required by Esri's Operations Manuals, the PIC will promptly fly the UAS back to the home launch location or pre- determined abort location where it may safe ly land , while still maintaining a minimum of25%
15 Grant ofExemption No. 11112 to YDOS Global, LLC (FAA -2014-0382 at 10). 16 The UAS ground control station displays, the UASs position, navigation route, tail number, altitude, heading, north seeking arrow, range to targets, calculated target position, date/time , and sensor heading and orientation relative to the UAS.Page 

### 18

reserve battery power. Esri submits that the procedures requiring nights to be safely terminated once the batteries fall below 25% capacity. combined with the requirement that flights only be conducted within a secure, isolated area. using a UAS weighing less than 55 pounds. and within VLOS ofthe PIC and VO(s). ensure that the proposed operation will provide an equivalent or higher level of safct} to the public to that provided by the regulations from which exemption is s ought. VI. DRUG AN D AL C O HOL PRO GRAM Esri has policies in place to ensure that no person may participate in UASs flight operations if they are under the influence of alcohol or any drug per 14 C.F.R §91. 17. 

### VII
. PU B L IC INTEREST The public interest will be served by granting Esri's Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act

- the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion ofthe statutorily required rulemaking. The proposed UAS operations in this Petition for Exemption significantly improves the safety and reduces risk of harm. physical injury and property damage to the public at large, the property owners from whom permission was granted for use by Esri and abutting properties. staff of Petitioner, unsuspecting passersby, inspecting engineers from relevant organizations and alJ those who may be in the local vicinity. Traditional methods of inspecting and monitoring potential locations and relevant sites and facilities requires location personnel to clin1b towers, trees, venture onto precarious roofs and other dangerous scenar ios, perform elevated work for which the individual is neither trained nor equipped to perform, which exposes them to unnecessary risk of serious physical injury from dangerous falls or other physical mishaps. Moreover, inspectors/surveyors are often unnecessari ly exposed to hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifying specific locations for potential recording sites to be used in the end product. The use of small UASs can eliminate these hazards and ultimately create a much safer method of performing these types of inspections creating a safer environment for the public as well as Esri employees. The use of small UAS also enhances safety and reduces risk to the surrounding public because. unlike manned aircraft weighing thousands of pounds. carrying crew in addition to flammable fuel, the UAS carry no passengers, crew or explosive fuel. Furthermore, in the unlikely event of an accident, Esri's small battery powered UAS presents significantly less danger to persons on the ground when compared to operations by conventional manned aircraft. 17 As

17 See Grant of Exemption No. 11158 to Team 5, LLC (FAA-20 14-0783 at 12): "Manned helicopters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmcmbers, as necessary. The petitioner's UAS will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be remotely located from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event ofan incident or accident. Risk to an onboard pilot and crew during an incident or accident is eliminated with the use ofa UA for the aerial filmingPage 19

Esri's UAS are battery powered, the public will also benefit from a reduction in harmful petroleum based emissions associated with conventional aircraft performing in the same functions proposed herein. Air quality will naturally be improved with the reduction of fuel powered vehicles. VI II. PRI YACY All UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted over 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. 

### IX. FE DERAL REGISTER S UMMARY Pursuant to 14 C.F.R. Part 11, the following summary is provided for pub lication in the FEDERAL REGISTER, should it be determined that publication is needed: Esri seeks an exemption from the following rules in Title 14 of the Code ofFederal Regulations: Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 9l.109(a); 91.119(c); 91.121; 9l.15l(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(l): 91.409(a)(l) & (2); 91.417 (a) & (b). The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general public, property owners and city structures from the substantial hazards associated with performing equivalent survey work and aerial video production with conventional fixed-wing aircraft, rotorcraft, or other methods. X. CONCLUS ION Esri's Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of2012 which includes weight; speed; operating capabi li ties; proximity to airports and populated areas; operation within VLOS and national security. The proposed UAS operations will benefit the public as a whole by improving safety and reducing risk by alleviating human exposure to danger while lowering the attendant related costs for data collection. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequatejustification for granting the requested exemptions allowing Esri to use small UASs in the recorded production of its product. We thank you for your prompt consideration of our requested exemptions. Respectful!} Submitted,



# ~ Donald J. Berry Director of Operations Attachment: Flight Operations Manual