David Saah, PhD., Managing Principal

Spatial Informatics Group, LLC.

3248 Northampton Ct.

Pleasanton, CA 94588

Email: dsaah@sig‐gis.com

Office: (510)427‐3571

Cell: (415) 422‐4316

February 18, 2015

U.S. Department of Transportation  

Docket Management System

1200 New Jersey Ave., SE  

Washington, DC 20590

Re:  Petition of Spatial Informatics Group for Summary Grant of Exemption Pursuant to Section 333 of

the FAA Modernization and Reform Act of 2012

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act) and 14 C.F.R. Part

11, Spatial Informatics Group (hereinafter sometimes referred to as "SIG” or "the Petitioner") hereby

applies for a Summary Grant of Exemption from the Federal Aviation Regulations (FARs) identified below,

to operate small unmanned aerial vehicles (i.e., small unmanned aircraft systems or UAS) for the purpose

of conducting aerial data collection, including various mapping applications and remote sensing and

surveying, in support of its commercial and research operations. Specifically, SIG seeks approval to

operate the SenseFly eBee series of aircraft. SIG respectfully submits that this Petition for Exemption

qualifies for expedited approval, asthe Federal Aviation Administration (FAA) has previously issued grants

of exemption in circumstances similar in all material respects to those presented herein.

In addition to this Petition for Exemption, SIG also submits our organization’s Operations and Policy

Manual under separate cover. SIG submits this Operations and Policy Manual as a confidential document

under separate cover pursuant to 14 C.F.R. § 11.35(b), as the material contain confidential commercial

and proprietary information that SIG has not and will not share with others. The information contained in

the Operations and Policy Manual is not generally available to the public and is protected from release

under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

   
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For your convenience, our Petition is organized as follows:

Contents

I. Background and Description of Petitioner............................................................................................ 3

II. Description of Proposed Operation ...................................................................................................... 4

III. Relevant Statutory Authority ............................................................................................................ 4

IV. Spatial Informatics Group’s Proposed UAS Operations Meeting the Requirements of Section 333

of the Reform Act..........................................................................................................................................5

a. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability ........5

b. Approval is Warranted Based on the Operational Restrictions in SIG’s Operating Documents.......6

V. Regulations from Which Exemptions is Sought.................................................................................... 6

a. Aircraft Marking and Identification Requirements (91.9(c), 45.23(b) and 45.27(a))........................7

b. Maintenance Inspections (91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b)) .........7

c. Private, Recreational and Sport Pilot Medical Certificate, Privileges and Limitations (61.23(a) and

(c), 61.113, 61.101(e)(4) and (5), 61.315)................................................................................................. 8

d. Civil Aircraft Airworthiness (91.7(a))................................................................................................. 8

e. Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b) Carrying Civil Aircraft

Certification and Registration (91.9(b)(2))................................................................................................ 9

f. Preflight Action (91.103)................................................................................................................... 9

g. Flight Instruction (91.109(a)) .......................................................................................................... 10

h. Minimum Safe Altitudes over Other than Congested Areas (91.119(c))........................................10

i. Altimeter Settings (91.121)............................................................................................................. 11

j. Fuel Requirements for Flight in VFR Conditions (91.151(a)) .......................................................... 11

VI. Drug and Alcohol Program..................................................................................................................... 12

VII. Public Interest.......................................................................................................................................12

VIII. Privacy..................................................................................................................................................12

IX. Federal Register Summary..................................................................................................................... 13

X. Conclusion...............................................................................................................................................13

Attachments................................................................................................................................................13

   
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I. Background and Description of Petitioner

Founded in 1998, Spatial Informatics Group, LLC (SIG) is a certified small business (micro) based in

California composed of an interdisciplinary team of research scientists and applied thinkers with broad

expertise in geospatial analysis, forestry, environmental and socioeconomic sciences. We use innovative

spatial analysis methods to uncover new insights and provide guidance to solve challenging real‐world

problems in natural and urban landscapes. We are known for our approaches that combine spatial

analytics with ecological, social and economic sciences to understand the effects of management and

policy choices on the short and long‐term stability of ecosystems. Our people work throughout the

United States and across the world and are experts in using tools such as Geographic Information

Systems (GIS), and in extracting landscape features and characteristics from remote sensing and field

data, mining large data sets and performing complex spatial modeling and analysis.  

SIG has a history of producing applied research using geospatial technology, including working closely

with state, regional and local agencies to help solve pressing issues in natural resources, agriculture,

transportation, energy, climate change, urban planning, and natural hazards. UAS offer an exciting new

technology platform for aerial data collection that will help advance SIG’s applied research in these

fields. UAS would also help to overcome the frequency of data collection and weather conditions that

often impact the use of traditional remote sensing technologies such as satellite and aerial systems. SIG

envisions a number of natural resource research and monitoring projects and that would directly benefit

from the application of UAS technology.

There is significant interest from government and industry clients on UAS operations and applications. A

Section 333 Grant of Exemption would allow SIG to advance its research and applications using UAS

technology. Specifically, SIG is most interested in the application of small, lightweight commercial UAS

to generate geospatial‐mapping products. We consider UAS ideal because of the rural nature of many of

SIG’s anticipated research and monitoring project applications (with a limited number of airport). For

these reasons, and many more, SIG seeks an exemption for commercial operations of small UAS for the

purpose of conducting aerial data collection.

In accordance with 14 C.F.R. § 11.81(a), SIG provides the following information in support of its Petition

for Exemption.

The contact information for Petitioner is as follows:

David Saah, Managing Principal

Spatial Informatics Group, LLC.

3248 Northampton Ct.

Pleasanton, CA 94588

Office: (510) 427‐3571

Cell: (415) 422‐4316

Email: dsaah@sig‐gis.com

   
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II. Description of Proposed Operation

Spatial Informatics Group seeks an exemption pursuant to Section 333 of the Reform Act to use a

number of different small and light weight UAS platforms for aerial data collection in support of its

research and monitoring business/service offerings. By way of example, research and monitoring

services supported by the proposed UAS operations, include, but are not limited to: wildlife habitat and

forestry mapping and management activities, environmental monitoring, natural resource

management/exploration, geographical mapping applications, photogrammetry, water resource studies

and geomorphic assessment, environmental compliance monitoring, natural hazards evaluations, and

restoration project effectiveness monitoring.  

All of the UAS platforms SIG intends to use have been approved for commercial use in other grants of

exemption, including the SenseFly eBee and SenseFly eBee RTK aircraft. As set forth below, the FAA has

previously determined that these vehicles meet the criteria established in Section 333 of the Reform Act

and are suitable platforms for performing UAS data collection.

SIG is committed to maintaining the highest standards of flight safety, and will leverage its relationships

with federal, state and local agencies and the UAS industry to ensure that the proposed operations are

conducted safely. SIG personnel have also received extensive training on UAS from experienced

operators and industry experts, and detailed guidelines and checklists have been developed to ensure

the effective and safe use of small UAS. All UAS operations will be performed in accordance with the

accompanying SIG operating documents, and in accordance with the requirements of an applicable COA.

Among other things, and as detailed in the operating documents, all UAS operations will occur in

uncontrolled airspace, unless specific authorization is granted by the FAA or applicable authorities,

within visual line‐of‐sight (VLOS) of the pilot and visual observer, and will be limited to daytime VFR

conditions. Moreover, SIG's operating documents incorporate redundant safeguards to enhance safety.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. The FAA has

previously issued grants of exemption to use small UAS for aerial data collection in support of similar

educational and research activities, including:

 Exemption No. 11552 to Sinclair Community College to conduct educational research and

training (Docket No. FAA‐2015‐0374);

 Exemption No. 11304 to Auburn University Aviation Center to conduct training courses to

instruct students in the operation of unmanned aircraft and their associated systems. (Docket

No. FAA‐2014‐1014); and

 Exemption No. 11265 to the City of Roswell Coalition to perform research, development and

validation of a formal UAS training curriculum (Docket No. FAA‐2014‐0732).

The low‐risk UAS operations proposed by SIG in this Petition for Exemption fall squarely within the

category of aerial data collection that has been subject to previous FAA approval.

III. Relevant Statutory Authority

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the Reform Act.

Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems

into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is

to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based on the

following considerations:

 The UAS's size, weight, speed and operational capability;
5

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety

regulations and minimum standards when the Administrator decides a requested exemption is in the

public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f)

(permitting exemptions from §§ 44701(a), (b) and §§ 44702 – 44716, et seq.). A party requesting an

exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2)

would not adversely affect safety (or how it would provide a level of safety at least equal to the existing

rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV.Spatial Informatics Group’s Proposed UAS Operations Meeting the

Requirements of Section 333 of the Reform Act

SIG's proposed operations in this Petition for Exemption qualify for expedited approval via the summary

grant process pursuant to Section 333 of the Reform Act, as each of the statutory criteria and relevant

factors are satisfied and the FAA has previously issued grants of exemption in circumstances similar in all

material respects to those presented in this Petition for Exemption.

a. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational

Capability

The FAA is familiar with and has already determined that the vehicles chosen by SIG meet the

requirements of Section 333 of the Reform Act due to their weight, speed and operational capabilities:

the SenseFly eBee, and SenseFly eBee RTK.  For example,

 SenseFly eBee: Exemption No. 11263 to SenseFly LTD.; Exemption No. 11273 to AIG PC Global

Services, Inc.; Exemption No. 11446 to Trumbull Unmanned, LLC.

 SenseFly eBee RTK: Exemption No. 11632 to Engineering Resources LLC.; Exemption No. 11585

to Robinson Engineering Company, Inc.

The FAA has found the following shared characteristics of the SenseFly’s eBee and eBee RTK, aircraft to

warrant approval for a grant of exemption:

 Each aircraft weigh much less than 55 pounds with payload;

 Each aircraft have the capability to operate safely after experiencing certain in‐flight

contingencies or failures and uses an auto‐pilot system to maintain UAS stability and control.

The UAS is also able to respond to a loss of GPS or a lost‐link event with a pre‐coordinated,

predictable, automated flight maneuver. These safety features provide an equivalent level of

safety compared to a manned aircraft performing a similar operation and mitigate the risk of

command and control link failures;

 The radio frequencies used for operations and control of the UAS comply with the Federal

Communications Commission (FCC) and other appropriate government oversight agency

requirements; and

 The UAS operate at a speed of 87 knots or less.
6

b. Approval is Warranted Based on the Operational Restrictions in SIG’s Operating

Documents

SIG’s UAS Operations and Policy Manual and the aircraft manufacturer's manuals for the selected UAS

models/platforms (hereinafter collectively referred to as "operating documents") contain all the

procedures and limitations necessary to safely and successfully perform the proposed operations. To

expedite the FAA's safety assessment of SIG's proposed UAS operations, SIG has tailored its operating

documents to comply with the conditions and limitations imposed on similarly situated petitioners

seeking to use small UAS only for aerial data collection. For example, Grant of Exemption No. 11552

issued to Sinclair Community College, Docket No. FAA‐2015‐0374. In particular, the operating

documents contain systems and procedures to permit SIG to comply with the conditions and limitations

in the FAA's Grant of Exemption.

V. Regulations from Which Exemptions is Sought

The Federal 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 UAS, from its safety regulations and minimum standards when the Administrator decides a

requested exemption is in the public interest.1

  

SIG seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for

purposes of conducting the requested operations using small UAS, including:

Federal Aviation Regulation (FAR) Description

91.9(c); 45.23(b) and 45.27(a) Aircraft Marking and IdentificationRequirements

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2);

91.417(a) and (b) Maintenance and Inspection Requirements

61.23(a) and (c), 61.113; 61.101(e)(4) and (5),

61.315

Private, Recreational and Sport Pilot

Medical Certificate, Privileges and

Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and(b) Carrying Aircraft Flight Manual, Certification and

Registration in the Aircraft

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested

Areas

91.151(a) Fuel Requirements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, and the operating

procedures and safeguards that Petitioner has established which will ensure a level of safety better than

or equal to the rules from which exemption is sought.2

  

                                                            

1 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed

pursuant to Sections 44701(a) and (b) and Sections 44702 ‐ 44716). 2 See 14 C.F.R. § 11.81(e), 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 of safety at least equal

to that provided by the rule from which you seek exemption.
7

a. Aircraft Marking and Identification Requirements (91.9(c), 45.23(b) and 45.27(a))

SIG 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 near 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," "light‐sport,”

"experimental," or "provisional," as applicable.

In prior grants of exemption under Section 333 of the Reform Act, 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 are as large as practicable."3

  All

UAS flown by SIG will bear N‐number markings that are as large as practicable in accordance with 14

C.F.R. Part 45, Subpart C.4

b. Maintenance Inspections (91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a)

and (b))

SIG seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. §

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations specify maintenance

and inspection standards in reference to 14 C.F.R. Part 43.5

  An exemption from these regulations is

needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which

the UAS to be operated under this grant of exemption will not have.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in

accordance with the operating documents and any required manufacturer Safety or Service Bulletins.

Further, as required by the operating documents, the PIC will 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 UAS 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 the operating

documents, the PIC who conducts the functional test flight will make an entry in the UAS aircraft records

of the flight.

The operating documents also include requirements to follow the UAS manufacturer’s maintenance,

overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

                                                            

3 FAA Docket No. FAA‐2014‐0352. 4 See, e.g., FAA Docket No. FAA‐2014‐0352, at 14. 5 See, 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.").
8

Moreover, the operating documents also include procedures to document and maintain a record of the

UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component

parts, and the total time in service of Petitioner's UAS. As a whole, the maintenance and inspection

procedures required by Petitioner's operating documents ensure that an equivalent or higher level of

safety will be achieved.

c. Private, Recreational and Sport Pilot Medical Certificate, Privileges and Limitations

(61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315)

SIG seeks exemption from these sections, which restricts private, recreational or sport pilot certificate

holders from flying aircraft for compensation or hire, and would 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, it carries neither passengers nor cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial6

, the FAA determined that the unique

characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and

restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical

Certificate. 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 when UAS operations are involved.

More recently, the FAA determined that holders of recreational and sport pilot certificates would also

have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also

be subject to security screening by the Department of Homeland Security (DHS), the FAA determined

that holders of recreational and sport pilot certificates would be qualified to serve as the PIC for UAS

operations.7

  

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions similarly

imposed on Astraeus Aerial and other operators in more recently granted exemptions under Section 333

of the FAA Reform Act. SIG will operate away from persons and property that is not the subject matter

of the flight. SIG will also require all PICs to be thoroughly trained in the unique aspects of UAS flight. As

set forth in the operating documents, pilots will have experience not only in UAS operations generally

but have logged flight time in the specific make and model used for the operations before they are

permitted to participate in commercial flights on behalf of SIG. The pilot qualification, training, and

currency requirements in the operating documents ensure that SIG's pilots are competent and proficient

in the UAS they are operating. The Petitioner's training and qualification requirements are consistent

with those contained in prior FAA‐ issued 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.

d. Civil Aircraft Airworthiness (91.7(a))

Inasmuch as there will be no airworthiness certificate issued for the UAS, SIG seeks an exemption from

14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. While

                                                            

6 FAA Docket No. FAA‐2014‐0352. 7 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA‐2014‐0642 at pgs. 8‐9).
9

the petitioner’s UAS will not have an airworthiness certificate, the FAA has determined that for the

purposes of this exemption the pilot may determine the aircraft is in an airworthy condition prior to

flight. The operating documents contain procedures which allow the PIC to determine whether the

aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is therefore warranted.

e. Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b) Carrying Civil

Aircraft Certification and Registration (91.9(b)(2))

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 aircraft.  

Pursuant to 14 C.F.R. § 91.9(b)(2): (b)  No person may operate a U.S.‐registered civil aircraft... (2) For

which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is

available in the aircraft 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 appropriate and current airworthiness

certificate... (b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the

cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep airworthiness

documents and other aircraft manuals on board the UAS because there is simply no room and the UAS

has no cabin or cockpit.

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 of the unmanned aircraft has access to the UAS flight manual, registration certificate, and

other required documents from the ground control station from which he or she is operating the

aircraft.8

  As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure 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 control station from which he or

she is piloting the UAS.9

f. Preflight Action (91.103)

Petitioner 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 PIC will be familiar with all information necessary to safely

conduct the flight, an exemption is requested to the extent that an FAA‐approved Flight Manual is

required.

                                                            

8 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to

John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA‐2014‐0352 at 16‐18. 9 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11: The petitioner requested relief from 14 CFR §

91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft:

Certifications required. The FAA has previously determined that relief from these sections is not necessary. See

Exemption No. 11062. Relevant materials may be kept in a location accessible to the PIC in compliance with the

regulations.
10

Adherence to the requirements in the operating documents will ensure that the UAS is in an airworthy

condition prior to flight. The PIC will perform a series of checklists designed to identify any defects or

inoperable components, which cover pre‐flight, take‐off, landing and post‐flight procedures. The PIC will

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. Petitioner's operating

documents will be kept at the ground control station and will be accessible to the PIC at all times while

operating the UAS.

g. Flight Instruction (91.109(a))   

Petitioner seeks an exemption from 14 C.F.R. § 91.109(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

instruction unless that aircraft has fully functioning dual controls." UAS 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. § 91.109(a).

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and

placard requirements and § 91.203(a) and (b): Civil aircraft: Certifications required. The FAA has

previously determined that relief from these sections is not necessary. See Exemption No. 11062.

Relevant materials may be kept in a location accessible to the PIC in compliance with the regulations.

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of safe training

can still be achieved without dual controls because no pilot or passengers are aboard the UAS, and as

required by the operating documents, all persons will be a safe distance away in the event that the UAS

experiences any difficulties during flight instruction. Moreover, all flight training will be conducted in

controlled and sterile environment. As a whole, the procedures provided for in the operating documents

ensure that UAS flight instruction can be performed safely.

h. Minimum Safe Altitudes over Other than Congested Areas (91.119(c))

SIG requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c).10

Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including

500 feet above the surface and away from any person, vessel, vehicle, or structure in non‐congested

areas.  See 14 C.F.R. § 91.119(c).

An exemption is required because the proposed UAS operations will normally need to occur below 400

feet AGL. Additionally, due to the nature of the proposed operations, the PIC and/or Observers may

need to be less than 500 feet away from the UAS. Compared to flight operations with rotorcraft

weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel

with the UAS, any risk associated with these operations is far less than those that presently exist with

conventional aircraft.

                                                            

10 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing

without undue hazard to persons or property on the ground in the event of a 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 of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No.

FAA‐2014‐0534).
11

An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well the

controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight

operations will be restricted to below 400 feet AGL. As set forth in the operating documents, the UAS

will be operated in a controlled environment, and all flights will occur at a lateral distance of at least 500

feet from nonparticipating persons, unless that person is in a position where he or she is shielded from

the UAS and any possible debris resulting from UAS failure. Procedures will be in place to ensure flight

operations can be safely terminated if a nonparticipating person within 500 feet of the UAS leaves a

shielded position. Further, UAS operations will occur at least 500 feet away from vehicles or structures

unless the property owner/controller 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 Observer will not present

an undue hazard per § 91.119(a). Adherence to these restrictions in SIG's operating documents will

ensure the proposed operations can be conducted without compromising safety to persons or property

on the ground.

i. Altimeter Settings (91.121)

To the extent necessary for SIG to conduct the proposed operations, Petitioner requests an exemption

from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or

flight level by reference to an altimeter that is set to the elevation of the departure airport or

barometric pressure.

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 can be

achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, (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 onboard GPS.11  

The UAS that Petitioner intends to use for performing the proposed operations meet all these

operational characteristics. Moreover, the operating documents require the PIC to calibrate the

aircraft's GPS compass prior to each flight operation. As the FAA has determined in circumstances

similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation procedures contained in

the operating documents, ensure that an equivalent level of safety will be achieved, and a grant of

exemption to the requirements of § 191.121 is therefore appropriate.

j. Fuel Requirements for Flight in VFR Conditions (91.151(a))

SIG requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions.  

Section 91.151 states:

(a) 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; or

(2) At night, to fly after that for at least 45 minutes.

                                                            

11 See Grant of Exemption No. 11062 to Astraeus Aerial (Docket No. FAA‐2014‐0352 at 21).
12

Here, the technological limitations on UAS battery power means that no meaningful flight operations

can be conducted while still maintaining a 30‐minute battery reserve. An exemption from the fuel

requirements of 14 C.F.R. § 91.151(a) is therefore required.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR

conditions in circumstances similar to those presented in this Petition for Exemption.12  In Exemption

No. 11213 to Aeryon Labs, Inc.13, the FAA determined that a requirement prohibiting the PIC from

beginning a UAS flight unless (considering wind and forecast weather conditions) there was enough

available power for UAS to operate for the intended operational time and to operate after that for at

least five minutes or with the reserve power recommended by the manufacturer if greater, would

ensure an equivalent level of safety to the fuel requirements of §91.151(a). Petitioner's operating

documents impose this same requirement and an exemption from § 91.151(a)'s fuel requirements for

flight in VFR conditions is therefore appropriate.

VI. Drug and Alcohol Program

SIG currently has personnel policies in place to ensure that during the course of work duties, which

include UAS flight operations, no person shall be under the influence of alcohol or any other job

performance inhibiting drug.

VII. Public Interest

The public interest will be served by granting SIG'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 of the statutorily

required rulemaking.

Beyond increased levels of safety, the public stands to benefit research programs supported by the

proposed operations in this Petition for Exemption. Whether it is studying the impact of forest logging

practices, or monitoring the benefits of wetland and riparian habitat restoration, SIG's staff of

professional are engaged in research and discovery aimed at finding solutions to the grand challenges

we face as a people and a planet. The public as a whole will benefit from the information gathered and

studied as part of SIG’s monitoring and research activities supported by the proposed operations in this

Petition for Exemption.

VIII. Privacy

The proposed operations will be conducted in accordance with applicable federal, state, or local laws

regarding privacy. SIG will not conduct flight operations over property that it does not own or control

without the prior consent and knowledge of the private property owner.

                                                            

12 See e.g., Exemption Nos. 8811, 10808, and 10673. 13 Docket No. FAA‐2014‐0642.
13

IX. Federal Register Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL

REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a); 91.9(b)(2); 91.9(c);

91.103; 91.109(a); 91.119(b); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) &

(2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners from the

substantial hazards associated with using conventional fixed‐wing aircraft for aerial data collection in

support of SIG’s desire to use this technology for natural resources related research and monitoring.

X. Conclusion

The proposed operations in this Petition for Exemption satisfy the criteria articulated in Section 333 of

the Reform Act and the FAA has issued grants of exemption in circumstances similar in all respects to

those presented by SIG in this Petition for Exemption. In consideration of the foregoing, SIG respectfully

submits that this Petition for Exemption qualifies for expedited approval via the FAA's summary grant

process.

Attachments

The following attached item will be submitted under separate cover as they contain proprietary and

commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522

et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

 Spatial Informatics Group ‐ Unmanned Aircraft System (UAS) Operations and Policy Manual

We thank you in advance for your prompt consideration of our requested exemptions. Should you have

any questions, or if you need additional information to support the requested exemptions, please do not

hesitate to contact us.

        Thank you for your consideration,

        David Saah, PhD.

        Managing Principal

        Spatial Informatics Group, LLC