©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 engineering 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 surveys are performed by small planes using aerial 

photogrammetry, which is costly and can have lead 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 small manned aircrafts would be replaced by sUAS, 

resulting in less air traffic. It is also worth noting 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 drainage channels, and other 

large open areas. Most locations are in land development phases, and operations 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. One site may require several operations. The 

sUAS will travel no faster than 10 meters per second (mps) and will never operate out of line of sight. 

Granting this request will do nothing more than allow 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 these groups by FAA policies and regulations. In this petition for 

exemption, we seek to engage in essentially the same type of sUAS 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 Petition as Specified in 14 C.F.R. §11.81

(a) Name and mailing address and other contact 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 which 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 interrelated 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 operations will not "create a hazard to users of the national airspace 

system or the public or pose a threat to national security" and are thus consistent with the 

congressional mandate in Section 333 of the FAA Modernization 

and Reform Act of 2012, which gives FAA a mechanism 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 significant impact on the environment (carbon footprint) 

and air traffic. 

(e) The reasons why granting the exemption would not adversely affect 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, conceived and constructed by DJI, and referred to as the 

Phantom II. This aircraft has four rotors and four motors in a quadcopter configuration (X4). Given the 

size, weight, speed, and limited operating area associated 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 meets the requirements for an equivalent level of safety under 14 

CFR part 11 and Section 333 of the FAA Modernization and Reform Act of 2012 (PL 112- 

95). A UAS operated without an airworthiness certificate in the restricted environment 

and under the conditions and limitations proposed by the 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 safety 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 GPS signal, the UA will have the capability to return 

to a pre-determined location. It will also have the capability to abort a flight in the event of unpredicted 

obstacles or emergencies. 

Even though its UAS will have no airworthiness certificate, an exemption may be needed from 14 

CFR § 45.23 as the UA will have no entrance to the cabin, cockpit, or pilot station on which the word 

"experimental” can be placed. Given the size of the UA, the petitioner notes that the two-inch lettering 

will be impossible. The petitioner asserts that an equivalent level of safety will be provided by having 

the UA marked with the word "experimental" on the 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 the pertinent sections of 14 CFR part 91 are only applicable to 

aircraft with an airworthiness certificate in accordance with part 43. The UAS does not have specific 

maintenance instructions; therefore, there is a documented preflight and post flight maintenance 
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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 operations will not adversely 

affect safety by requiring the PIC operating the aircraft to have no.[ghc1] pilot license. Since there are 

no standards for either private or commercial UAS 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 important 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 operation 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 operation, have been fully briefed of the risks prior to 

operation of the UAS, and have consented to the risks associated with being in the operating area. 

Should there be a mishap, the UA being flown pose significantly less of a threat 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, carry flammable fuel, carry passengers 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 allowed within 100 feet of 

the UA operation. An equivalent level of safety can be achieved given 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 which will be determined by SWS personnel and only 

participating and consenting personnel will be allowed within this perimeter. Compared to flight 

operations with aircraft or rotorcraft weighing far more than its maximum 55 lb., and the lack of 

flammable fuel, any risk associated with the UAS operations is far less than those with conventional 

aircrafts. 

With respect to preflight actions, an exemption from 14 CFR § 91.103 may be needed, because it will 

not have approved rotorcraft flight manuals. An equivalent level of safety will be achieved by the PIC 

and one additional operator taking all preflight 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 requirements, the battery life of the UAS 

allows for a 15-minute flight maximum. Which makes meeting the 30 minute reserve requirements in 

14 CFR § 91.151 not possible for the sUAS. An equivalent level of safety can be achieved by limiting 

flights to 15 minutes or 15% of battery power, whichever occurs first. 
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An exemption from 14 CFR § 91.121 will be needed, as the UAS will have a GPS altitude read out 

instead of a barometric altimeter. An equivalent level 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 each 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 operate, and due to the size of the UA and the restricted areas in 

which the UAS will operate, approval of the application presents no national security issue. Given the 

clear direction in Section 333, the strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, reduction in environmental 

impacts, and including reduced emissions associated with allowing UAS for survey operations, 

granting the requested exemptions is in the public interest. 

The attached Aircraft Flight Manual (Appendix A) includes specifics 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 requirements of the sections listed 

above to conduct private, commercial small unmanned aircraft systems (sUAS) operations on 

privately owned property subject to operating procedures that meet 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 

Turnkey Storm Water Pollution Control

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

www.stormwatersolutions.com