GLE Associates, Inc.

5405 Cypress Center Drive, Suite 110 | Tampa, Florida 33609 | 813

- 241

- 8350 | Fax: 813

- 241

- 8737 Orlando | Ft. Lauderdale | Miami | Jacksonville | Gaines ville | Atlanta | Nashville

Architecture AA 0002369 • Engineer CA 5483 • Asbestos ZA 0000034 • Geology GB 0000297 January 1 9 , 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, GLE Associates, Inc. (GLE) hereby applies for an exemp tion from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS (s) , so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by

Section 333.

Applicant Information:

The name of the applicant: GLE Associates, Inc.

The primary contact for this application:

Robert B. Greene GLE Associates, Inc. 5405 Cypress Center Drive, Suite 110 Tampa, Florida 33609

GLE Associates, Inc. is a corporation formed under the State laws of Florida on September 9, 1989, and Robert B. Greene is an Officer of the corporation

.

Pursuant to Section 333 of the FMRA, GLE hereby requests a determination by the Secretary of Transportation authorizing commercial operations of a UAS for the purposes of aerial photography & videography, mapping, infrared photography of facilities, agricultural crop surveillance, aerial inspect ions, data collection, commercial videos and other work related to aerial photography in the United States

. GLE does not intend to use for closed set filming. Flight operations will utilize the off the shelf DJI family of unmanned aircraft. Conduct of UA S operations will be with respect to FMRA Section 333(c) and the UAS “Blanket COA”.U.S. Department of Transportation Exemption Request January 1 9 , 2016; Page 2

Exemption is necessary to effect the determination requested pursuant to FMRA Section 333.

The attached documentation includes detail ed exemption requests that demonstrate how these exemptions are in the public interest and will maintain at least an equal level of safety to existing regulations. Authorizing GLE to conduct commercial UAS operations will result in less disruptive, safer, and more cost effective solutions than manned aviation equivalents due to the low altitude environment, given the size, speed and inherent risk of traditional commercial helicopter and airplane operations. These commercial operations often occur in the uns afe areas of the height

- velocity diagram requiring special precision and skill. GLE will conduct the commercial UAS operation in a manner that will meet, and in many cases exceed, the current level of safety of commercial airplane and helicopter operations . UA S that are less than 10 pounds have a low noise signature, and carry no volatile fuel, will limit collateral damage in the event of catastrophic failure. The low expense of operation compared to cost prohibitive manned

aviation alternatives allows a gr eater economic benefit to businesses. For these reasons, granting an exemption under FMRA Section 333(c) is in the public interest. UAS technology used for these commercial purposes benefit the public interest in the following ways:

• Reduces the collateral damage risks to life and property associated with low

altitude airplane and helicopter operations in undesirable portions of the height

- velocity envelope.

• Increased economic wellbeing to local businesses via cost reductions.

• Enabling aerial business solutions to be available to a larger market.

• Infrared photography of facilities allows owners to increase the energy efficiency of their buildings resulting in less energy usage.

Table of Contents

I. Exemptions Requested

II. UAS Operati ng Procedures

III. Unmanned Aircraft System

IV. UAS Pilot

- in

- Command

V. Public Interest

VI. SummaryU.S. Department of Transportation Exemption Request January 1 9 , 2016; Page 3

I. Exemptions Requested

Pursuant to 14 C.F.R. § 11.81(e), GLE requests exemption from the following regulations:

• 14 C.F.R. Part 21 Subpart H

– Airworthiness Certificates

o Establishes : The procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. § 91.203(a)(1)

.

Given the small size of the UA S and the safeguards that will be taken as outline below, an exempt ion from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA with consideration “of the size, weight, speed, operational capability, and proximity to airports and populated areas of the partic ular UAS.”

• 14 C.F.R. § 45.23(b)

– Aircraft Marking and Identification Requirements

o Given the small size of the sUAS, two

- inch lettering will be impossible. The UA S will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification "N

- Number " markings in accordance with 14 CFR part 45, Subpart C.

GLE will ensure compliance with § 45.29(f) to meet the intent of the regulation by displaying the registration number in the largest practicable lettering.

• 14 C.F.R. 61.11 3 (a)(b) §61.113 Private pilot privileges and limitations:

Pilot in command.

o 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of

an aircraft in c onnection with any business or employment if: (1) The flight is only incidental that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

GLE anticipates initially using a cadre of specially trained staff to conduct the sUAS operations. While these individuals will not hold commercial pilot licenses. The sUAS will not carry property for compensation or hire since they will be used solely to assist in evaluation of the infrastructure, buildings, equipment, right

- of

- way, assets, bridges and tunnels and property in furtherance of GLE’s client’s business, however, the employees’ operation of the sUAS will not be incidental to their employment wit h GLE, and they will be compensated for such work. Without an exemption, the pilot would be required to hold a commercial pilot certificate under §61.133. However, the risk associated with the contemplated operations is less than the riskU.S. Department of Transportation Exemption Request January 1 9 , 2016; Page 4

posed by a tradit ional aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the control of GLE clients. Accordingly, the risk would be limited t o GLE personnel, who will be appropriately outfitted in safety gear, and GLE client’s property on the ground. Requiring a commercial pilot certificate would provide no appreciable safety benefit and would needlessly impose additional cost on GLE. Because t he contemplated operations would not comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b).

• 14 C.F.R. 91.7(a)

– Civil Aircraft Airworthiness

GLE ’s request is based on the fact that no airworthiness certificate will be issued for the s UAS.

GLE ’s s UAS will not require an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. Based on the fact that an airworthiness certificate will not be issued, exemption from § 91.7(a) is not necessary.

• 14 C.F.R. 91.9(b)

– Civil A ircraft F light M anual, M arking, and P lacard

R equirements

Certifications required, the original intent of these regulations was to display an aircraft’s airworthiness, certification, and registration documents so they would be easily available to inspectors and passengers. Based on the FAA Memorandum subject “Interpretation regarding wh ether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) and 91.203(a) and (b) is not necessary.

• 14 C.F.R. 91.10 3 (b )

– Preflight Instruction

This regulation requires each pilot in commend to take certain actions before flight to insure the safety of flight. A s FAA approved rotorcraft flight manuals will not be provided for the aircraft

, an exemption will be needed. The petitioner will take all actio ns
, including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

• 14 C.F.R. 91.109(a)

– Flight Instruction

o No person may operate a civil aircraft (except a manned free ba lloon) that is being used for flight instruction

, unless that aircraft has fully functioning dual controls.

The majority of sUAS by design are developed with single operational control

, through the use of pre

- determined GPS enabled waypoints

, programmed b efore or during flight

, in addition to the use of a single hand held transmitter or control station controlled by the PIC. The design does not allow for dual controls during flight training and therefore the exemption is requested to trainU.S. Department of Transportation Exemption Request January 1 9 , 2016; Page 5

operators, build experience, and maintain proficiency. An equal level of safety will be achieved by conducting all training in sterile environments. Training sessions will be accomplished separately from flights conducted for compensation or hire.

• 14 C.F.R. 91.119 (c)

– Minimum Safe Altitudes

o Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (b) Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight

- shift

control aircraft. If the operation is conducted without hazard to persons or property on the surface

— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA.

Commercial s UAS operation s will be conducted at or below the maximum altitude authorized by COA. Given the size, weight and lack of fuel; combined with operation limitations listed below, the operation will be conducted with a greater level of safety than exists with current manne d aviation operations.

• 14 C.F.R. 91.121

– Altimeter Settings Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altime ter that is set, when operating.

s UAS are equipped with Global Positioning System (GPS), which provide altitude and geo

location data to the operator without utilizing an altimeter. Due to this fact, an exemption is required. GPS are precise within a few feet and combined with fail

- safes and a vis ual observer

. T he operation will meet an equivalent level of safety.

• 14 C.F.R. 91.151(a)

– Fuel Requirements for Flight in VFR Conditions

o No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

— (1) During the day, to fly after that for at least 30 minutes;

Operating the sUAS in a pre

- defined area with less than 30 minutes of reserve fuel does not raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the event it has to be flown to an alternate airport or circle the planned airport in the event of unanticipatedU.S. Department of Transportation Exemption Request January 1 9 , 2016; Page 6

conditions. GLE does not intend to use the sUAS for point

- to

- point flights and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in order to land. Rather, GLE will operate the sUAS using pre

- planned flight paths (taking into account weather conditions) designed to allow the sUAS to fly to the point of intended landing. As such, there is

no need for a time

- based excess fuel requirement. Rather it should be sufficient to require only as

much additional excess flight capacity

, as necessary to safely land the sUAS. We believe that a 25% battery reserve is more than sufficient to meet this objective.

• 14 C.F.R. 91. 203 (a) (b)

– Carrying Civil Aircraft Certification and Registration

o No person ma y operate a civil aircraft unless it has an appropriate and

current airworthiness certificate.

o No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight

authorization issued un der 19.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Reason for Exception: To obtain an equivalent level of safety and meet the intent of 91.203, documentation will be housed at a ground control point where the pilot is flying the s UAS for

immediate access; to the extent they are applicable to the s UAS's.

• 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b)

– Maintenance Inspections

o 91.405(a) States: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter

GLE shall inspect the aircraft prior to every flight. GLE also will follow the manufacturer's recommended preflight checklist and make any repair necessary before flights occur. GLE will also maintain a log of any maintenance or repairs performed.

o 91.407(a)(1) States: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or

alteration unless

— (1) It has been approved for return to service by a person authorized under § 43.7

.

GLE has the responsibility for the operati on and safety of the UAS and will follow the

manufacture r ’s suggested replacement parts.

o 91.409(a)(2) States: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.U.S. Department of Transportation Exemption Request January 1 9 , 2016; Page 7

No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an ‘‘annual’’ inspection in the required maintenance

records.

GLE will follow manufacturer's recommendations to ensure that the s UAS is in a condition for safe flight at all times.

o 91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i

- iii), 2 (i

– vi)); (b) The owner or operator shall retain the following records for the periods prescribed: (paragraphs 1

– 3)

GLE will keep a record of all repairs and modifications. The Petitioner also proclaims to use approved manufactured parts for all repairs and modifications.

II. UAS Operating Procedures

Any s UA S flown under this exemption will be controlled by a trained PIC.

For each flight, GLE :

• Will conduct a comprehensive worksite inspection and analysis, identifying limits of customer property or authorized access areas.

• Will conduct preflight planning in accordance with Section 91.103 Preflight

Action.

• Will operate in those areas only with the consent of the landowner or designated representative.

• Will identify potential obstructions or other haza rds to safe operation.

• Will clear the area of personnel or bystanders that are non

- essential to the operation, maintaining at a minimum, 500 feet away from non

- participating

persons.

• Will conduct a preflight safety briefing to Visual Observer (VO) and

part icipating persons.

• Will at all times yield to manned air traffic.

• Will operate within VLOS of both PIC and VO during daylight hours only.

• Will maintain voice communications with VO and participating persons.

• Will operate under visual flight rules, in visua l meteorological conditions, for the airspace in which the flight is conducted.

• Will not exceed the maximum altitude as defined in the COA under which flight authorized, as determined by the installed GPS.

• Will keep operating documents, manuals, authorizat ions and exemptions in a

binder co

- located with the GCS.U.S. Department of Transportation Exemption Request January 1 9 , 2016; Page 8

• Will immediately terminate flight, in the safest manner possible, when safety to persons or property becomes compromised.

• Will terminate flight, in the safest manner possible, when unable to comply with these limitations or any other limitations granted as part of this exemption.

In order to remain at an altitude at or below the attitude prescribed by the applicable COA, relief is needed from Section 91.119 (c). By following these operating standards, the commercial operation will meet an equivalent level of safety to the regulation in which relief is sought.

III. Unmanned Aircraft System

GLE seeks exemption to operate DJI UAS. Other sUAS types may be requested in future amendments. The DJI Insp ire 1 and DJI Phantom

- 3

- Pro are the primary aircraft s in our operation for which we seek exemption. The sUAS will be flown via a combination of RC control and

tablet GCS. Th ese UA type s are GPS equipped multirotor helicopter s

. They are quad

- copter type

ro torcraft , utilizing four motors. Lithium

- polymer batteries power the UAS. The DJI Inspire 1 has a gross weight of approximately 6.5 pounds and a maximum airspeed of 22 m/s. The DJI Phantom 3 has a gross weight of approximately 3.5 pounds and a maximum airs peed of 16 m/s.

The UA S also has several fail

- safes for loss of RC signal, loss of GPS, and low battery as outlined in the respective Operation Manuals. The UA S display visual and emit an audible low battery alerts at which time the UA S will automatically engage the landing sequence. Based upon those safeguards, we request exemption from Section 91.151(b) Fuel requirements for flight in VFR conditions.

Given the size, weight, speed, and controlled operating area associated with the UA S to be utilized, a n exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) is requested. Exemption is sought from § 45.23 Marking of the aircraft. The UA will display the registration number in the largest practicable lettering. GLE seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will be conducted according to operations manual and prudent judgment as previously outlined to determine the integrity and safety of the UA S and associated equipment. Further, relief is required from 91.7(a), which prohibits the operation of an aircraft without an airworthiness certificate and 91.9(b) (2) requiring an approved flight manual in the aircraft. The

UA S will not be operating with an air worthiness certificate therefore, this would be inappropriate. The UAS are too small to carry the operating documents so an equivalent amount of safety can be achieved through keeping the operating documents and manuals at the GCS.

IV. UAS Pilot in Command

U nder part § 61, recreational, sport and private pilots are limited to non

- commercial operations,

however GLE can ensure s UA S operations will achieve an equivalent level of safety as current regulation because s UA S do not carry any pilots or passengers. A c ommercial pilot certificate will not ensure RC piloting ability, as the psychomotor skills are different. The inherent risks ofU.S. Department of Transportation Exemption Request January 1 9 , 2016; Page 9

operating a s UAS are far less than in the commercial activities outlined in 14 CFR part 61, et seq., thus exemption is requested from § 61.101 Recreational Pilot Privileges and Limitations. PICs will maintain recent flight experience on the s UAS. Training and experience flights will be conducted separate from commercial operations.

V. Public Interest

Given the above stated evidence , procedures, and precautions operating UAS commercially for the purposes of aerial photography & videography, mapping, infrared photography of facilities

, aerial inspections, data collection, commercial videos and other work related to aerial photography will ultimately be in the public interest. These operations, when executed with prudence, will exceed the current level of safety as the regulations from which exemption is sought. s UA S operations will allow greater access to commercial aerial services that were not previously economically feasible for many firms. This will provide a much needed economic uplift to the community and hence the public. Infrared photography of facilities can result in increased energy efficiency resulting in energy savings. s UA S operations are associated with less risk of collateral damage to persons and property while limiting disruptive noise pollution associated with low altitude aviation operations.

VI. Summary

Pursuant to Section 333 of PL 112

- 95 commonly known as the “FAA Modernization and Reform Act of 2012”, GLE hereby applies for authorization to conduct commercial unmanned aerial systems (UAS) operations for the purposes of aerial photography & vid eography, mapping, infrared photography of facilities, agricultural crop surveillance, aerial inspections, data collection, commercial videos and other work related to aerial photography. Rules for which exemption is sought:

• 14 C.F.R. Part 21 Subpart H

• 14 C.F.R. § 45.23(b)

• 14 C.F.R. § 61. 113 (a) (b) , 61.113

• 14 C.F.R. § 91.7(a)

• 14 C.F.R. 91.9(b)

• 14 C.F.R. § 91.103

• 14 C.F.R. § 91.109(a)

• 14 C.F.R. § 91.119

• 14 C.F.R. § 91.121

• 14 C.F.R. § 91.151(a)

• 14 C.F.R. § 91.2 03 (a) (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. § 91.417(a) & (b)U.S. Department of Transportation Exemption Request January 1 9 , 2016; Page 10

Thank you for your prompt attention and consideration. GLE is committed to safe UAS operation. Please do not hesitate to contact me directly with any questions or concerns at 888

- 453

- 4531 , ex tension 223

.

Sincerely, GLE Associates, Inc.

Robert B. Greene, PE

President bgreene@gleassociates.com