\ I J 

### WILLIAMS MULLEN

Direct Dial: 703.760.5204 kpomfret@williamsmullen.com

U.S. Department ofTransportation DocketManagement System 1200NewJersey Ave., SE Washington, D.C. 20590 May 15,2015

Re: Section 333 Exemption Request Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "ReformAct"), EagleView Technologies, Inc. ("Petitioner") hereby applies for an exemption from the Federal Aviation Regulations ("FARs") described in SectionVII below, a Certificate of Waiver and Authorization ("COA'') and any other exemptions necessary to allowthe Petitioner to operate the small Unmanned Aircraft Systems ("UAS") described in Section IV for commercial aerial data collectionpurposes, as more fully described in Section IX below.

I. Background on Petitioner Petitioner is an industry leading provider ofaerial imagery, data analytics and GIS solutions servingthe commercial, government and public utility sectors. The company'spatented image capture processes and 3D modeling algorithms coupled with property-centric analytic tools empower end-user workflow in support ofproperty claims, risk management, emergency response, assessment, corridormapping and more. In January, 2013, Petitioner merged with Pictometry International, creating a unique company with powerful technological solutions in the GIS, measurement and analytical space. The combined company has more than 50 patented technologies to provide scalable, efficient and highly accurate analytical solutions.

8300 Greensboro Drive, Suite 1100 Tysons Corner, VA 22102 T 703.760.5200 F703.748.0244 williamsmullen.com I A Professional Corporation'· 

### WILLIAMS MULLEN U.S. Department ofTransportation Docket Management System May 15, 2015 Page2

II. ContactInformation The contact information for Petitioner is set forth below: Chris Barrow, CEO EagleView Technologies, Inc. 3700 Monte Villa Parkway, Suite 200 Bothell, WA 98021 http://www.eagleview.com/ III. Request for Exemption to Use UAS for CommercialInspections Petitioner proposes to inspect commercial and residential buildings using the UAS under controlled conditions. The data collection will be conducted for commercial purposes, primarily to assist in insurance underwriting and determining insurance claims. The Petitioner also requests the right to utilize the UAS for other commercial purposes that require aerial data collection, such as monitoring building construction, pre/post disaster imaging and the status of fixed assets in the telecommunication and energy industries. In each case aerial data collection will be conducted under the conditions set forth herein and the Section 333 exemption grant. In that regard, the airspace will be (i) limited, (ii) predetermined, and (iii) controlled as to access. Petitioner will limit operations to property whose owners have been notified in advance and have provided consent. Operations will always occur within the line ofsight ofthe UAS operator. Petitioner will take steps to protect the privacy ofthe property owners and nearby individuals. Giventhe potential for this exemptionto lead to developments that will save lives and property after a storm or disaster, the Petitionerrequests that this request for exemptionbe considered on an expedited basis. In thatregard, Petitionernotes that the FAA has previously granted exemptions for similar activities for the md4-1000, the AlturaZenith ATX8, the DJI Phantom and the DJI Inspire. 1 IV. Unmanned Aircraft Systems A. Microdrone md4-1000 The md4-1000 is a battery powered quadcopter weighing less than 6 kg, including payload. Ithas a maximum speed of26 mph and a maximum flight operating endurance of88

1See, e.g., Asymmetric Technologies (Microdrone md4-l000- Exemption No. 11171), State Farm Mutual Automobile Insurance Company (Altura Zenith ATX8- Exemption No. 11175 and Exemption 11188), Montico Inc. (DJI Phantom 2- Exemption 11230), Erie Insurance (DJI Phantom- Exemption 11293), NextEra Energy, Inc. (DJI Phantom -Exemption 11224), Travelers Companies, Inc. (DJI Phantom- Exemption 11494) Build Imagery, LLC ( DJI Inspire- Exemption 11204),), CineDrones, LLC (DJI Inspire- Exemption 11279) and USAA (PrecisionHawkExemption 11309).

### WILLIAMS MULLEN U.S. Department ofTransportation DocketManagement System May 15,2015 Page 3

minutes. Its flight and navigation controller centers on an inertial measurement unit, consisting ofan accelerometer and a gyroscope for each axis, supplemented by a 3-axis magnetometer, a barometric altitude sensor and a GNSS receiver. With all these sensorreadings put together, the md4-1000 is able to fly self-stabilized with GNSS Position Hold. As soon as there is no input from the operator, the md4-1000 will stay on the spot, waiting for the next command. It is possible to let the md4-1000 hover in the same spot for several minutes. The aircraft is operatedusing a remote control ground station and is capable ofsetting pre-programmed distance and height limits. In the event ofa loss link, GPS failure or law battery condition, the aircraft canbe programmed to descend and land orreturn to home. B. Aerialtronics Altura Zenith ATX8 The AlturaZenith ATX8 is a multi-rotor aircraft builtwith a monocoque carbon airframe. The Zenith has a 5.6 kg take-offweight and a maximumpayload of2.9kg. The Zenith carries a 16.600 mAhbattery, which facilitates up to 45 minutes offlight-time. It canbe flown with either a radio or tablet and carries a variety ofpayloads. The Zenith has a maximum cruise speed of20 m/s. It features auto-takeoffand landing, auto go home and landing, GPS waypoint navigation, direction lock, and GIS mapping. Specifications include:

• Lengthx Width: 23.6" x 23.6" • Height: 13.7"- 21.6" tall • Weight: 7.7 lbs., withoutpayload (less than 15 lbs. with payload) C. DJI Phantom The DJI Phantom is a multi-rotor copter that that will weigh less than 55 lbs. when fully loaded. It will be operated at a maximum speed ofless than 50 mph and a flight time ofno more than 20 minutes. Ifits communications with the PIC is lost, the safety system will allow it to either hover in place and slowly descend or to return to a predeterminedpoint. D. DJI Inspire The DJI Inspire is a multi-rotor copterthat will weigh less than 55 lbs. when fully loaded. Itwill be operated at a maximum speed ofless than 50 mph and a flight time ofno more than 20 minutes. Its safety system will allow it to eitherhover in place and slowly descend if communication with the PIC is lost or to return to apredetermined point.

### WILLIAMS MULLEN U.S. Department ofTransportation DocketManagement System May 15, 2015 Page4

E. Precision HawkLancaster The PrecisionHawk Lancaster is a fixed-wing vehicle that will weigh less than 55 lbs. when fully loaded. It will be operated at no more than 100 mph. It contains onboardflight diagnostics that allow itto adjust flight patterns when needed. Each ofthe UAS set forth above have operating manuals, maintenance schedules and training procedures (collectively, the "Operational Documents"). Petitionerwill comply with each ofthe Operational Documents. Copies ofeach canbe made available upon request. V. Statutory Authority for Requested Exemptions This petition for exemption is submitted in accordance with Section 333 ofthe Reform Act. Pursuant to Section 333 ofthe Reform Act, the Federal Aviation Administration (FAA) Administrator (the "Administrator") is to permit operation ofan unmanned aircraft system where it does not create a hazard to users ofthe national airspace system (NAS) orthe public orpose a threatto national security. Moreover, the Federal AviationAct grants the Administrator general authority to grant exemptions from the agency's safety regulations and minimum standards when theAdministrator decides such a requested exemption is in the public interest. See 49 U.S.C. §§ 106(£), 44701-44716, etseq. A party requesting an exemption must explainthe reasons why the exemption: (i) would benefitthe public as a whole, and (ii) would not adversely affect safety orhow it wouldprovide a level ofsafety at least equal to the existing rules. 14 C.F.R. § 11.81. VI. Safety Measures and Public Interest Benefits As described inmore detail in Section IX, the Petitionerwill take measures to ensure such operations will not create a hazard to aviation orthe public. Flights will be conducted under 400 feet AGL thereby avoiding interference with users ofthe NAS. Flights will be suspended immediately to yield right-of-way to any other aircraft. Geo-fencing will be utilized when available to ensure that a UAS does not fly outside ofthe intended area. The site will be secured and only authorized personnel will be permitted on the grounds. Giventhe size and speed ofthe UAS, the controlled nature ofthe locations being used andthe lack ofexplosive materials or flammablejetfuels, the operations will notpose athreat to national security. There are a number ofreasons why granting the Petitioner's requestto operatetheUAS for commercial aerial data collection is inthe public interest. For example, use ofUAS inthis manner will make conditions for insurance claim representatives safer. Today claim representatives must climb onto a rooffor data collection. Such activities are inherently dangerous as each year claim handlers are injured due to falls from roofs. Claimhandlers will be able to reduce their exposure to such hazards by using a UAS. In addition, they will be able to obtain the datanecessaryto make accurate assessments ofa roofmore quickly. Similarly,

### WILLIAMS MULLEI'.I U.S. Department ofTransportation Docket Management System May 15,2015 Page 5

utilization ofUAS to inspect construction, telecommunication and energy physical assets will result in enhanced safety for individuals, cost savings and greater efficiencies in large and critical industries. VII. Specific Sections from Which Petitioners Seekan Exemption Basedupon the informationprovided and the exemptions that the FAA has already granted pursuantto Section 333, the Petitionerrequests the following exemptions: 14 C.F.R. § 61.113(a) 14 C.F.R. § 61.23(a) 14 C.F.R. § 61.23(c) 14 C.F.R. § 61.101(e)(4) 14 C.F.R. § 61.101(e)(S) 14 C.F.R. § 61.113(a) 14 C.F.R. § 61.315(a) 14 C.F.R. § 91.7(a) 14 C.F.R. § 91.119(c) 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a) 14 C.F.R. § 91.405(a) 14 C.F.R. § 91.407(a)(1) 14 C.F.R. § 91.409(a)(l) 14 C.F.R. § 91.409(a)(2) 14 C.F.R. § 91.417(a) 14 C.F.R. § 91.417(b) VIII. Justifications for Each Exemption Request 1. 14 C.F.R. § 61.23(a), 14 C.F.R. § 61.23(c), 14 C.F.R. § 61.101(e)(4), 14 C.F.R. § 61.101(e)(5), 14 C.F.R. §61.113(a) and_14 C.F.R. § 61.315(a). Petitionernotes that FAA is now requiring the Pilot in Commandto hold either an airline transport, commercial, private, recreational or sport certificatepilot license and either a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, aterritory, apossession, orthe Federal government. Petitioner will ensure that its PICs will satisfy each ofthese requirements. Since Petitioners' PICs will be operating UAS under the same conditions as those previously granted, an equivalent level of safety will be metby granting these exemptions.

### WILLIAMS MULLEN U.S. Department ofTransportation DocketManagement System May 15,2015 Page 6

2. 14 C.F.R. § 91.7(a) Civil aircraft worthiness. \ )

Section 91.7(a) requires that an operator determine an aircraft is in airworthy condition before a flight. Petitionerrequests relieffrom this sectionprovidedthatthe operator ofthe UAS determines priorto each flight that the aircraft is in compliance withthe applicable Operational Documents. Such pre-flightinspectionwill provide the equivalent level ofsafety as that providedbythis section. Petitionernotes that the Administratorhas grantedrelieffrom this section inprevious exemptions. 3. 14 C.F.R. § 91.119(c) Minimum safe altitudes over congested and other areas. Section 91.119(c) establishes safe altitudes for operation ofcivil aircraft over areas other than congested areas. The Petitionerrequests relieffrom this section withrespectto those participating persons, vehicles, and structures directly involved with data collection. The UAS will never operate at higherthan 400 AGL. Itwill be operated in a restricted area, where buildings and people will notbe exposed to operations without prior consent. Relieffrom this section is warranted as operations will be conducted with adequate safetyprovisions as outlined herein and in the applicable Operational Documents. As a result, an equivalent level ofsafety will be met by granting this exemption. Petitionernotes thatthe Administrator has granted relief from this section in previous exemptions. 4. 14 C.F.R. § 91.121 Altimeter Settings. This regulationrequires eachperson operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." An exemptionfrom sectionmaybe needed ifthe UAS does not have a barometric altimeterbut instead has a GPS altitude read out. An equivalent level ofsafety will be achieved bythe operator, pursuantto the applicable Operational Documents, confirmingthe altitude ofthe launch site shown onthe GPS altitude indicatorbefore flight. As a result, an equivalent level ofsafety will be metby granting this exemption. Petitionernotes thatthe Administratorhas granted relieffrom this section inprevious exemptions. 5. 14 C.F.R. § 91.151(a) Fuel requirements for flight in VFRconditions. Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane under VFRconditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed- (1) Duringthe day, to fly after that for at least 30 minutes." Complying withthe 30 minute reserve would severely limitthe length ofthe Petitioner's UAS flights and hamperthe ability to conduct data collection. Giventhe limitations on the UAS's proposed flight area, a longertime frame for flight in daylight conditions is reasonable.I 1 ) / 

### WILLIAMS MULLEN U.S. Department ofTransportation DocketManagement System May 15,2015 Page 7 Operating the.UAS in a tightly controlled area, where only people or official representatives who have signed waivers will be allowed, does not raise the type ofrisks thatthis section was intended to address, particularly giventhe size and speed ofthe UAS. Petitionerbelieves that an equivalent level ofsafety can be achieved bylimiting flights to 50 minutes or 20% ofbattery power, whicheverhappens first. 6. 14 C.F.R. § 91.405(a) Maintenance required; 14 C.F.R. § 91.407(a)(l) Operation after maintenance, preventive maintenance, rebuilding or alteration; 14 C.F.R. §§ 91.409(a)(l) and (2) Inspections: 14 C.F.R. §§ 91.417(a) and (b) Maintenance records. Maintenance will be accomplishedbythe operatorpursuantto the applicable Operational Documents. An equivalentlevel ofsafetywill be achieved becausethe UAS are very limited in size and will carry a small payload and operate only inrestricted areas for limitedperiods of time. Ifmechanical issues arise, the UAS will be operating from no higherthan 400 feet AGL and can immediately land. As provided inthe applicable Operational Documents, the operator will ensure that the UAS is inworking orderpriorto initiating flight, performrequired maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the personmost familiar withthe aircraft and best suitedto maintainthe aircraft in an airworthy condition to provide the equivalent level ofsafety. As a result, an equivalent level ofsafety will be metby granting this exemption. Petitionernotes that the Administrator has grantedrelief from this section inprevious exemptions. 7. Additional Relief. In addition to the exemptions listed above, the Petitionerrequests exemption from such otherrules and regulations as the FAA deems appropriate to enable the operations described herein. Since previous exemptions granted under Section 333 ofthe Reform Act have been effective for two years, the Petitioner also requests that ifthe FAA issues interim or final rules applicable to the operation ofany UAS included herein after the Petitionerreceives a Grant of Exemption that any conditions and limitations required in such Grantthat are more burdensome thanthe newregulation be appropriately modified orremoved. IX. Operating Parameters for UAS Use Petitionerproposes that ifthe requested exemptions are granted, it will operate the UAS under the following conditions: 1. UAS operations will be conductedby a Pilot in Command (PIC). The PIC shall hold an airline transport, commercial, private, recreational, or sportpilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver's

# .. WILLIAMS

**MULLE~** U.S. Department ofTransportation DocketManagement System May 15,2015 Page 8

license issuedby a state, the District ofColombia, Puerto Rico, aterritory, a possession, or the Federal government. The UAS will be invisual line ofsite (VLOS) ofthe PIC at all times. 2. All UAS operations will utilize a visual observer ("VO"). The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding air traffic and other ground-based obstacles/obstructions. 3. The PIC and VO will be able to communicate verbally at all times. 4. Petitionerwill rely on the UAS vendor(s) to provide apilot qualificationprogram, including atraining program incorporating proper aircraft operations and safety standards. The PIC and the VO will have obtainedthe necessary qualifications/training. A record ofcompletion ofthis qualification process will be documented and made available to the Administrator upon request. 5. UAS will not be flown at ground speeds exceeding 50 mph. 6. Flights will be operated at an altitude ofno more than 400 feet above ground level. 7. Each UAS operation will be completed within 50 minutes flight time orwith 20% batterypowerremaining, whichever occurs first. At 30% batterythe UAS will enter a return and land sequence; at 20% it will land immediately. 8. UAS will not be operated over any person (otherthan participating personnel) at an altitude that is hazardous to persons or property on the surface in the event ofa UAS failure or emergency. UAS will be operated at a distance from participating buildings ofat least 10 feet. Operations will be conducted at least 500 feet from nonparticipating persons or buildings, unless barriers are in place to provide adequate protection. 9. The UAS will abort the flight in the event ofunpredicted obstacles or emergencies in accordance with the applicable Operational Document. 1

0. The UAS will remain clear and yieldthe right ofway to all othermanned operations and activities at all times. 11. UAS operations will not be conducted during night. 12. The UAS will not be operated by the PIC from any moving device or vehicle.

# .. WILLIAMS MULLEN U.S. Department ofTransportation Docket Management System May 15, 2015 Page 9

13. The UAS 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 PIC. 14. The applicable Operational Documents and all documents required under 14 C.F.R. § 91.9 and 91.203 will be available to the PIC at the Ground Control Station ofthe UAS any time the aircraft is operating. These documents will be made available to the Administratorupon request. 15. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as definedby 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). 16. The operator will follow the procedures as outlined in its applicable Operational Documents. 17. Priorto each flight, pilot will inspectthe UAS to ensure it is in condition for safe flight. Ifthe inspectionreveals a discrepancy, the aircraft will be prohibited from operating until the necessary maintenance has beenperformed and the UAS is found to be in a condition for safe flight. 18. Operations will not be conducted over congested or densely populated areas. 19. All operations will be conducted overprivate or controlled-access property with permission from the land-owner/controller or authorized representative. Permission from the land-owner/controller will be obtained for each flight to be conducted. 20. All maintenance and alterations will be properly documented inthe aircraftrecords. 21. Any UAS that undergoes maintenance or alterations that affect the UAS operation or flight characteristics will undergo a functional flight test in accordance with the applicable Operational Documents. 22. Petitioner will institute a rigorous maintenance program to ensure airworthiness ofthe UAS. Operator will follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements. 23. Each UAS will comply with all manufacturer Safety Bulletins.

### WILLIAMS MULLEN U.S. Department ofTransportation Docket Management System May 15,2015 Page 10

X. Summary to be Published in Federal Register Petitioner: EagleView Technologies, Inc. Sections of 14 C.F.R. Affected: § 61.23(a); § 61.23(c); § 61.101(e)(4);§ 61.101(e)(5); §61.113(a);, 61.315(a); § 91.7(a); § 91.119(c); § 91.121; § 91.151(a); § 91.405(a); § 91.407(a)(l); §§ 91.409(a)(l) and (2); §§ 91.417(a) and (b). Description of Relief Sought: Petitioner seeks relieffrom the requirements of 14 C.F.R. § 61.23(a); 14 C.F.R. § 61.23(c); 14 C.F.R. 

### §61.101(e)(4); 14 C.F.R. § 61.101(e)(5); 14 C.F.R. §61.113(a);_14 C.F.R. § 61.315(a); § 91.7(a);14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. §§ 91.409(a)(l) and (2); 14 C.F.R. §§ 91.417(a) and (b) to conduct inspections for commercial purposes using small unmanned aircraft systems (UAS) subjectto operating procedures that meet or exceed those that FAArequires for similar operations. XI. Conclusion Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Actregarding size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line ofsight, and national security, provide more than adequatejustificationfor the grant ofthe requested exemption allowing operation ofPetitioner's UAS for the purposes set forth herein. Please contact Petitioner's outside counsel, Kevin D. Pomfret at 703-760-5204 or kpomfret@williamsmullen.comwith any questions about this filing.

KDP/kmb

28164012_l.docx