©2015 Storm Water Solutions, LP Page 1 of 6 Docket Operations, M-30 U.S. Department of Transportation 1200 New Jersey Avenue, SE. Room W12-140, West Building Ground Floor Washington, DC 20590-0001

Dear Administrator,

Storm Water Solutions, LP (SWS) is an engineer ing company located in Houston Texas. We specialize in civil, environmental , water, and compliance. A large portion of our work depends on topographic information. Current topographic surve ys are performed by small planes using aerial photogrammetry, which is costly and can have l ead times up to several months. Using a smallunmanned aircraft system (sUAS) SWS would be able to quickly and affordably provide our clients with the topography of their properties. By granting this request, flights consisting of sm all manned aircrafts would be replaced by sUAS, resulting in less air traffic. It is also worth not ing that the sUAS is powered by batteries, and would have minimal impact on the environment compared to the planes currently used for aerial surveys.

The sites that SWS wants to map consist of undeveloped land, open drai nage channels, and other large open areas. Most locations are in land devel opment phases, and operatio ns pose no threat to public safety. Operations are typically up to 13 minutes and follow a predetermined path to provide the photos necessary for photo geometric analysis. Each operation ends in the proximity of where it began. A constant elevation (approximately 300 feet above ground level) is maintained. O ne site may require several operations. The

sUAS will travel no faster than 10 meters per second (mps) and will nev er operate out of line of sight.

Granting this request will do nothing more than a llow SWS to do what thousands of hobbyists and manufacturers of model aircraft do every day, and we will abide by much stronger safety measures than currently required for thes e groups by FAA policies and regul ations. In this petition for exemption, we seek to engage in essentially the same type of sU AS operation that the FAA would permit us to currently but for the fact that SWS is not a hobbyist or manufacturer of a model aircraft. 

## February 18, 2016©2015 Storm Water Solutions, LP Page 2 of 6 Information Supporting this Petiti on as Specified in 14 C.F.R. §11.81

(a) Name and mailing address and other c ontact information including our telephone

number and e-mail address

Storm Water Solutions, LP

16110 Hollister Street Houston, Texas 77066

281-587-5950 gkrejci@swstx.com

(b) The specific section or sections of 14 CFR from whic h we are seeking an exemption

• 14 C.F.R. § 21.191(a) • 14 C.F.R. § 45.23(b) • 14 C.F.R. § 61.113(a) and (b) • 14 C.F.R. § 91.7(a) • 14 C.F.R. § 91.9(b)(2) • 14 C.F.R. § 91.103 • 14 C.F.R. § 91.109 • 14 C.F.R. § 91.119 • 14 C.F.R. § 91.121 • 14 C.F.R. § 91.151(a) • 14 C.F.R. § 91.203(a) and (b • 14 C.F.R. § 91.405(a) • 14 C.F.R. § 91.407(a)(1) • 14 C.F.R. § 91.409(a)(2) • 14 C.F.R. §and 91.417(a) and (b)

(c) The extent of relief we are seeking, and the reason we are seeking the relief

We seek an exemption from several interrela ted provisions of 14 C.F.R. Parts 21, 45 and 91 to the extent necessary to engage in commercial operations of sUAS on our clients' property. We have detailed, below, a set of safeguards that will apply to our sUAS operations as well as a copy of the Aircraft Flight Manual. Our op erations will not "create a hazard to users of the national airspace system or the public or pose a threat to nati onal security" and are thus consistent with the congressional mandate in Sectio n 333 of the FAA Modernization and Reform Act of 2012, which gives FAA a mechani sm to allow certain UAS to operate safely in the national airspace system.©2015 Storm Water Solutions, LP Page 3 of 6 (d) The reasons why granting our request would be in the public interest that is, how it would benefit the public as a whole

As described above, the sUAS will provide timely and affordable topographic survey. The current use of planes to perform aerial surveys has more signifi cant impact on the environm ent (carbon footprint)

and air traffic.

(e) The reasons why granting the exemption would not adversely a ffect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which we are seeking the exemption

Unmanned Aircraft System The UAS proposed is a proprietary design, conceive d and constructed by DJI, and referred to as the

Phantom II. This aircraft has four rotors and four motors in a quadcopt er configuration (X4). Given the size, weight, speed, and limited operating area a ssociated with the aircraft to be utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates), subject to certain conditions and limitations, is warranted and meet s the requirements for an equiva lent level of safety under 14 CFR part 11 and Section 333 of the FAA Moder nization and Reform Act of 2012 (PL 112- 95). A UAS operated without an airworthiness ce rtificate in the re stricted environment and under the conditions and limitations proposed by t he petitioner will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate issued under 14 CFR part 21, Subpart Hand not subject to the proposed conditions and limitations.

The unmanned aircraft (UA) to be operated under this request is less than 55 lbs. fully loaded, flies at a speed of no more than 10 meters per second, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area. In addition, there are integrated safe ty features into the design of the UAS, as described in the petitioner's Aircraft Flight Manual, to ensure the safety of persons and property within and surrounding the limited operating area.

In the event the UAS loses communications or its G PS signal, the UA will have the capability to return to a pre-determined location. It will also have the capabili ty to abort a flight in the event of unpredicted obstacles or emergencies.

Even though its UAS will have no airworthiness ce rtificate, an exemption may be needed from 14 CFR § 45.23 as the UA will have no entrance to the ca bin, cockpit, or pilot station on which the word "experimental” can be placed. Given the size of the UA, the petitio ner notes that the two-inch lettering will be impossible. The petitioner a sserts that an equivalent level of safety will be provided by having the UA marked with the word "experimental" on t he fuselage in compliance with 14 CFR § 45.29(f), in a location where the pilot, observer, and others working with the UA will see the identification.

The maintenance requirements in t he pertinent sections of 14 CFR part 91 are only applicable to

aircraft with an airworthiness certificate in accor dance with part 43. The UAS does not have specific maintenance instructions; theref ore, there is a documented prefli ght and post flight maintenance©2015 Storm Water Solutions, LP Page 4 of 6 process for the UAS. Any manufacturers' recommended instructions and procedures will be followed when those procedures exist for certain components of the UAS.

Pilot In Command (PIC) Since the UA will not carry a pilot or passengers on board, the proposed operat ions will not adversely affect safety by requiring the PIC operating the aircra ft to have no.[ghc1] pilot license. Since there are no standards for either private or commercial U AS pilot certificates, knowledge of airspace regulations and dexterity in the control and operation of the UAS acquired from actual operation of the aircraft will be the most im portant factors in establishing an equivalent level of safety. Furthermore, given the restricted and controlled airspace within which operations will take place, the key factors needed by the PIC are knowledge of the airspace within which the operatio n will take place and how that airspace fits into the National Airspace System (NAS). It cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed wing aircraft, has the skill or ability to safely operate an unmanned aerial vehicle, operating at 400 feet AGL or lower, within strictly controlled pre-approved airspace. Additionally, the aircraft will be operated within a secure environment, which no one will be allowed to enter unless they are part of the oper ation, have been fully briefed of the risks prior to operation of the UAS, and have c onsented to the risks associated wit h being in the operating area. Should there be a mishap, the UA being flown pose si gnificantly less of a thr eat than the helicopters and fixed wing aircraft now being employed because they are a fraction of the size, carry no flammable fuel, and do not carry crew or passengers. This is in stark contrast to conventional aircraft that are flown to the site, ca rry flammable fuel, carry passenger s and crew, and operate in a much larger area.

UAS Operating Parameters All flights will be operated within visual line of sight (VLOS) of a pilot and/or observer, and that the UA flights will be limited to a maximum altitude of 400 feet AGL. An operator will ensure that only consenting personnel will be al lowed within 100 feet of the UA operation. An equivalent le vel of safety can be achieved gi ven the size, weight, and speed of the UAS, as well as the location where it is operated. The UAS will be operated within a safe operating perimeter, the boundaries of whic h will be determined by SWS personnel and only participating and consenting personnel will be allow ed within this perimeter . Compared to flight operations with aircraft or roto rcraft weighing fa r more than its maximum 55 lb., and the lack of flammable fuel, any risk associated with the UAS oper ations is far less than those with conventional

aircrafts.

With respect to preflight acti ons, an exemption from 14 CFR § 91.103 may be needed, because it will not have approved rotorcraft flight manuals. An equivalent level of sa fety will be achieved by the PIC and one additional operator taking all pr eflight actions as set forth in their Aircraft Flight Manual, including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before initiation of flight. Additionally, a briefing will be conducted prior to each day regarding planned UAS operations. With respect to the fuel requirement s, the battery life of the UAS allows for a 15-minute flight maxi mum. Which makes meeting the 30 minute reserve requirements in 14 CFR § 91.151 not possible for the sUAS. An equival ent level of safety can be achieved by limiting flights to 15 minutes or 15% of battery power, whichever occurs first.©2015 Storm Water Solutions, LP Page 5 of 6 An exemption from 14 CFR § 91. 121 will be needed, as the UAS wi ll have a GPS altitude read out instead of a barometric altimeter. An equivalent le vel of safety will be achieved, as outlined in the Aircraft Flight Manual. Specifically, the altitude information will be provided to the UAS PIC via a digitally encoded telemetric data feed. Prior to eac h flight, a zero altitude initiation point will be

established and confirmed for accuracy by the PIC.

Public Interest The petitioner states that, given the small size of the UA involved and the restricted sterile

environment within which it will o perate, and due to the size of t he UA and the restricted areas in which the UAS will operate, approv al of the application pr esents no national security issue. Given the clear direction in Section 333, the strong equivalent level of safety surrounding the proposed operations, and the significant pub lic benefit, including enhanced safe ty, reduction in environmental impacts, and including reduced emi ssions associated with allowing UAS for survey operations, granting the requested exemptions is in the public interest.

The attached Aircraft Flight Man ual (Appendix A) includes specif ics on the equipment being used.

(f) A summary that can publish in the Federal Register, stating:

Petitioner: Storm Water Solutions, LP

Rules from which you seek the exemption:

• 14 C.F.R. § 21.191(a) • 14 C.F.R. § 45.23(b) • 14 C.F.R. § 61.113(a) and (b) • 14 C.F.R. § 91.7(a) • 14 C.F.R. § 91.9(b)(2) • 14 C.F.R. § 91.103 • 14 C.F.R. § 91.109 • 14 C.F.R. § 91.119 • 14 C.F.R. § 91.121 • 14 C.F.R. § 91.151(a) • 14 C.F.R. § 91.203(a) and (b) • 14 C.F.R. § 91.405(a) • 14 C.F.R. § 91.407(a)(1) • 14 C.F.R. § 91.409(a)(2) • 14 C.F.R. §and 91.417(a) and (b)©2015 Storm Water Solutions, LP Page 6 of 6 Description of Relief Sought: Petitioner seeks relief from the requi rements of the sections listed above to conduct private, commercial small unm anned aircraft systems (sUAS) operations on privately owned property subject to operating procedures that me et or exceed those that FAA requires for similar operations.

(g) Any additional information, views or arguments available to support our request

Please see the introduction to this exemption request.

Please do not hesitate to contact Gene Krejci (Managing Member of SWS) or me by phone at

281-587-5950 or via email at bk@swstx.com if you have any questions or comments.

Sincerely,

Storm Water Solutions, LP

Blake Kridel Operations Manager

cc: Gene Krejci, Managing Member

Turnke y Storm Water Pollution Control

16110 Hollister Street  Houston, Texas 77066  (281) 587-5950  Fax: (281) 587-5999

www.stormwatersolutions.com