011NG~ MATERIALS 

September 4, 2015 

OZINGA MATERIALS, INC. 

19001 OLD LAGRANGE ROAD 

MOKENA, IL 60448 

P: 708.326.4300 F: 708.326.4301 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Exemption Request Pursuant to §333 of the FAA Reform Act of2012 

To Whom It May Concern: 

Please accept this letter, pursuant to §333 of the FAA Modernization and Reform Act of 2012 (the 

"Reform Act") and 14 C.P.R. Part 11, requesting an exemption from Federal Aviation Regulations 

("F ARs") to allow the commercial operation of a small unmanned aircraft system ("sUAS") by Ozinga 

Materials, Inc. ("Ozinga Materials"), 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 the Reform Act. 

I. Introduction 

Ozinga Materials is an aggregate, concrete block, and landscaping products supply company with 

over 70 locations throughout the Midwestern United States. As part of its regular operations, Ozinga 

Materials must maintain an accurate and precise log of its stockpile of materials. Since many of Ozinga 

Materials' stockpiles are mounds which reach heights of over four stories, efforts to maintain precise 

measurements of these materials utilizing ground-based methods or the assistance of a manned airplane 

have proven to be burdensome and potentially dangerous. Recent developments in mobile computer and 

sUAS technologies have resulted in opportunities for companies, like Ozinga Materials, to obtain precise 

measurements of stockpiles in a safe and efficient manner using an sUAS equipped with a digital camera. 

With the assistance of an sUAS equipped with a digital camera, Ozinga Materials would be able to 

capture images of its stockpiles and upload those images to a computer running specialized software to 

analyze the images and provide accurate and precise measurements of stockpile materials. 

Based on the small size of the sUAS Ozinga Materials would use, the qualifications and experience of 

those of its employees who hold appropriate pilot's licenses, and the restricted and controlled 

environment within which Ozinga Materials would operate the sUAS, the exemptions requested herein 

fall squarely within the safety goals envisioned by Congress as set forth in the Reform Act. Previously, 

similar aerial efforts to obtain this data required the use of significantly larger manned aircraft carrying 

crew and flammable fuel. Utilization of an sUAS to obtain this data would eliminate most of the risks 

associated with the use of a standard aircraft, giving the FAA good cause to find that the instant petition is 

in the public's best interest. Thus, the requested exemptions should be granted. 

In summary, the requested exemptions would permit Ozinga Materials to maintain accurate and 

precise measurements of its material stockpiles through the use of an sUAS equipped with a digital 

camera, in a manner that would best serve the public's interest in safety. All sUAS flights would occur 

over private property owned by Ozinga Materials, or with the express, prior consent and knowledge of the 

property owner. 

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September 4, 2015 

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The following are the specific regulations from which Ozinga Materials is requesting exemption: 

14 CFR Part 21; 

14 CFR 45.23; 

14 CFR 61.113(a) & (b); 

14 CFR 61.133 (a); 

14 CFR 91.7 (a); 

14 CFR 91.9 (b) (2); 

14 CFR 91.103; 

14 CFR 91.105; 

14 CFR 91.109; 

14 CFR 91.119; 

14 CFR 91.121 

14 CFR 91.151 (a); 

14 CFR 91.203 (a) & (b); 

14 CFR 91.405 (a); 

14 CFR 91.407 (a) (1); 

14 CFR 91.409 (a) (2); AND 

14 CFR 91.417 (a) & (b). 

II. Statutory Authority 

The Reform Act provides a mechanism for seeking expedited FAA authorization of safe civil UAS 

operations in the National Airspace System (''NAS"). Specifically, §333(a) states that the FAA, "shall 

determine if certain unmanned aircraft systems may operate safely in the national airspace system before 

completion of the [comprehensive] plan and rulemaking required by section 332(b)(l) of this Act or the 

guidance required by section 334 of this Act." In §332(b)(l), Congress made it clear that §333 provides a 

mechanism for "expedited operational authorization." The FAA has committed to complying with this 

mandate by granting several petitions almost identical to the one at hand. See, e.g., Exemption No. 11062, 

Regulatory Docket No. F AA-2014-0352 (granting regulatory exemptions to Astraeus Aerial for operation 

of unmanned aircraft systems for the purpose of filming for the motion picture and television industry). 

Section 3 3 3(b) identifies several factors that the FAA should consider in determining whether commercial 

UAS operations should be approved. These include UAS that, "as a result of their size, weight, speed, 

operational capability, proximity to airports and populated areas, and operation within visual line of sight 

do not create a hazard to users of the [NAS] or the public or pose a threat to national security." See 

Section 333(b ). 

In addition to the specific authority conferred by Section 333, the FAA Administrator has general 

authority to grant exemptions from the FAA's safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest. See U.S.C. § 4470l(f). In addition 

to the specific authority conferred by Section 333, the FAA Administrator has general authority to grant 

exemptions from the FAA's safety regulations and minimum standards when the Administrator decides a 

requested exemption is in the public interest. See U.S.C. § 44701(f). 

Of note, currently, there are no standards for either private or commercial sUAS pilot certificates, 

knowledge of airspace regulations acquired from FAA sport pilot written, knowledge test and practical, 

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September 4, 2015 

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flight test courses and dexterity in the control and operation of the sUAS acquired from actual operation 

of the aircraft will be the most important factors in establishing an equivalent level of safety. According to 

the FAA, "the FAA considers the overriding safety factor for the limited operations proposed by the 

petitioner to be the airmanship skills acquired through VAS-specific flight cycles, flight time, and specific 

make and model experience, culminating in verification through testing." See Exemption No. 11062, 

Regulatory Docket No. FAA-2014-0352, at p. 18. 

III. Facts 

The sUAS proposed for use in this exemption request is a quad-copter, more specifically described as 

follows: 

Make: DJI 

Model: Phantom 3 Advanced 

Weight: 1280 g (2.82 lbs) 

Top Speed: 16 m/s (35.8 mph) 

Diagonal Size: 590 mm (23.23 in) 

Energy Source: 4489mAh, 15.2v LiPo 4s battery 

Remote Controller Operating Frequency: 2.400 GHz- 2.483Ghz 

Standard Safety Features: Auto-takeoff; Auto-return home with push of a button, when battery 

becomes critically low, or if the sUAS loses contact with the remote control; Settings allowing for 

sUAS to be limited to fly only within preset distances and altitudes from the PIC; Real time video 

footage of the flight, from the sUAS's perspective, visible from a ground based tablet or phone. 

For More Info: http:/ /store.dji.com/product/phantom-3-advanced?from=related _products#/ spec 

Additional information regarding the proposed operation of the sUAS: 

• All operations will be conducted with both a Pilot in Command (PIC) and a ground-based 

Visual Observer (VO) in accordance with FAA Policy N 8900.227 Section 14 "Operational 

Requirements for UAS". 

• All operations will occur and no more than four hundred ( 400) feet above ground level. 

• Operations will be conducted over private property with permission of the land owner. 

• All required permits will be obtained from state and local government prior to operation. 

• The aircraft will not be operated over populated areas. 

• The aircraft will not be operated at air shows or over an open-air assembly of people 

• The aircraft will not be operated over heavily trafficked roads. 

• The aircraft will not be operated within five ( 5) nautical miles of a known airport or heliport. 

• Operations will be limited to daytime, visual meteorological conditions. 

• Aircraft will remain within visual line of sight at no greater than 1 nautical mile of the PIC at 

all times. 

• While the sUAS is airborne, the VO will be positioned within an audible distance of the PIC 

at all times. 

• All flight operations will be conducted at least five hundred (500) feet from all 

nonparticipating persons, vessels, vehicles, and structures unless: 

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September 4, 2015 

Page4 

o Barriers or structures are present that sufficiently protect nonparticipating persons 

from the sUAS and/or debris in the event of an accident or emergency landing. The 

PICs will ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are within 

500 feet of the sUAS, flight operations will cease immediately in a manner ensuring 

the safety of any nonparticipating persons; OR 

o The owner/operator of any vessels, vehicles, or structures has granted permission to 

operate closer to said objects and the PICs have made a safety assessment of the risk 

of operating closer to those objects an determined that it does not present an undue 

hazard. 

• The PICs will hold, at a minimum, an FAA Sport Pilot certificate and hold a valid U.S. 

driver's license as evidence of medical eligibility or a third class airmen's medical certificate. 

• The PICs will have a sound understanding ofFARs, pre-flight instructions, maintenance and 

repair, operations within airspace, and have training in maintaining high safety standards. 

• The PICs will be well versed in the mechanics and operation of the sUAS, acquired from 

actual operation of the sUAS proposed herein. 

IV. Conclusion 

Ozinga Materials herein submits that with the combination of the sUAS's light weight, flight 

capabilities, safety features, fully qualified flight crew, and strict operation under the guidelines 

established in 8900.227, the FAA can have full confidence that the PICs used by Ozinga Materials will 

have an equivalent or greater level of safety of a manned aircraft performing the same mission. Please 

find attached Exhibit containing Ozinga Material's Exemption Request. 

Ozinga Materials is willing to modify or amend any part of this request to satisfy any reasonable 

requests of the FAA. Please do not hesitate to contact Ozinga Materials using the contact information 

provided in the letter head at the beginning of this correspondence. 

SincTiely~ 

Jon\J:mbis 

R & D Manager, Ozinga Materials 

Enclosure 

VIA FEDERAL EXPRESS 

www.OJJNG~ .com 
EXHffiiTA 

OZINGA MATERIALS' EXEMPTION REQUEST I EQUIVALENT LEVEL OF SAFETY 

Ozinga Materials requests exemption from the following regulations as well as any additional 

regulations which may technically apply to the operation of the sUAS described herein: 

14 CFR Part 21, Subpart H- Airworthiness Certificates 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited 

operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 

Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the 

Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and populated 

areas of the particular sUAS's. In all cases, an analysis of these criteria demonstrates that the sUAS's 

operated without an airworthiness certificate, in the restricted environment and under the conditions 

proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating 

with an airworthiness certificate without the restrictions and conditions proposed. 

The sUAS to be operated here is much less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a 

secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by both the operator and under the requirements and in compliance with local 

public safety requirements. These safety enhancements provide a greater degree of safety to the public 

and property owners than conventional operations conducted with airworthiness certificates issued under 

14 C.P.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the sUAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial 

external load. 

14 CFR 45.23 - Marking of the Aircraft 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot 

station. The sUAS described herein does not have an entrance in which the word "EXPERIMENTAL" 

can be placed, and may not have a registration number assigned to it by the FAA. 

We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" on the 

top of the aircraft, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for 

launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in 

the previous paragraph will provide the aircraft's registration information should it be found on the 

ground. Finally, we will display at the ground station a high contrast flag or banner that contains the 

words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will 

operate within 1 NM of the ground station, the banner should be visible to anyone that observes the 

aircraft and chooses to investigate its point of origin. 

14 CFR 61.113 (a) & (b)- Private pilot privileges and limitations: Pilot in Command; and 61.133-

Commercial Pilot privileges and limitations 

The regulation provides that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in 

command of an aircraft in connection with any business or employment if: ( 1) The flight is only 

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incidental to that business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. 

Our proposed operations meet the requirements of 8900.227 paragraph 16 (c) (2) (c) "Operations 

without a pilot certificate" in which the PIC is required to complete "FAA Sport pilot ground instruction" 

and pass "the FAA Sport Pilot written examination." Since there are currently no means available for the 

pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a 

commercial pilot's license, Ozinga Materials proposes to generate an equivalent level of safety by having 

an employee who has completed, at a minimum, FAA Sport pilot ground instruction and pass the FAA 

Sport Pilot written and practical examination in addition to completing all sUAS pilot requirements set 

forth in the Petition for Exemption above. Since the aircraft cannot carry passengers or property, we feel 

we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a 

business. 

14 CFR 91.7(a)- Civil Aircraft Airworthiness 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be 

granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety checklists prior to each flight an 

equivalent level of safety will be provided. 

14 CFR 91.9 (b) (2)- Civil Aircraft Flight Manual in the Aircraft 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation, the documentation would not 

be available to the crew. 

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, 

approved Flight Manual for the sUAS described herein must be available to the crew at the ground station 

anytime the aircraft is in or preparing for flight. 

14 CFR 91.103- Preflight action 

Ozinga Materials seeks an exemption from 14 CFR 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the FAAapproved Flight Manual onboard the aircraft. While the PIC will be familiar with all of the information 

necessary to safely conduct the flight, an exemption is requested to the extent that an FAA approved 

Flight Manual is required. 

14 CFR 91.105- Flight Crew Members at Stations 

Since there is no flight crew onboard the sUAS, the above-cited regulation is inapplicable. 

However, in keeping with the direction of the regulation, the PIC of the sUAS and VO will be at their 

respective crew member stations on the ground during takeoff and landing as well as the complete 

duration of the flight. 

14 CFR 91.109- Flight instruction 

Section 91.103 provides that no 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. 

sUAS's and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight 

control is accomplished through the use of a control box that communicates with the aircraft via radio 

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communications. The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption 

Nos.5778K & 9862A. 

The equivalent level of safety provided by the fact that neither a pilot nor passengers will be 

carried in the aircraft and by the size and speed of the aircraft. 

14 CFR 91.119- Minimum safe altitudes 

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a 

maximum of 400 feet AGL, Ozinga Materials cannot comply with this requirement. To provide an 

equivalent level of safety Ozinga Materials will only fly over private property with the permission of the 

land owner. The land owner will be briefed of the expected route of flight and the associated risks to 

persons and property on the ground. We maintain that due to the small size of the sUAS described herein, 

the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be 

considered in granting the exemption. 

Consideration about risks related to ground impacts. The sUAS described herein will not be 

operated over congested areas nor over any open air assembly of persons. In the event of power unit 

failure and operating at 400 feet altitude, Ozinga Materials' chosen PIC will be able to conduct an 

emergency landing without undue hazard to persons or property on the ground. 

14 CFR 91.121- Altimeter settings 

The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 nautical miles of the aircraft. The aircraft will fly below 400 feet AGL and 

will not need to maintain hemispherical cruising altitudes in order to prevent conflict with other aircraft. 

An Above Ground Level altimeter measurement above the takoff point is transmitted via radio from the 

sUAS on-board computer to the display screen held by the PIC, providing a constantly updated AGL 

readout. 

14 CFR 91.151(a)- Fuel requirements for flight in VFR conditions 

Section 91.151 (a) prohibits an individual from beginning "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." The battery powering the 

sUAS provides approximately 23 minutes of powered flight which is, when fully charged, already 7 

minutes under the 30-minute reserve requirement in 14 CFR 91.151. 

Given the limitations on the UAS's proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions 

is reasonable. Ozinga Materials believes that an exemption from 14 CFR 91.151(a) falls within the scope 

of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only 

people and property owners or official representatives who have signed waivers will be allowed, with less 

than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to 

alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to flight times 

under 23 minutes would greatly reduce the utility for which the exemption will be granted. Ozinga 

Materials believes that an equivalent level of safety can be achieved by limiting flights to 17 minutes or 

25% of battery power, whichever happens first. This restriction would be more than adequate to return the 

sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have 

been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 

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14 CFR 91.203(a) & (b)- Civil aircraft: Certifications required 

The regulation provides that an airworthiness certificate, with the registration number assigned to 

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) 

provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew." The sUAS described herein is too small to carry documentation, does not 

have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of 

safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by 

the FAA will be co-located with the crew at the ground control station and available for inspection upon 

request. In order to identifY the aircraft, we propose that the information normally found on airworthiness 

and registration certificates be permanently affixed to the aircraft via placard: 

Manufacturer: Name and Manufacturer of sUAS 

Model: Model Number 

Registered to: 

Ozinga Materials, Inc. 

19001 Old LaGrange Road 

Mokena, Illinois 60448 

If found please call: (708) 326-4300 

14 CFR 91.405 (a), 91.407 (a) (1), 91.409 (a) (2), 91.417 (a) & (b)- Maintenance Inspections 

These regulations require that an aircraft operator or owner "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 ... ," and 

others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. The operator pursuant to the flight manual and operating 

handbook will accomplish maintenance. An equivalent level of safety will be achieved because the sUAS 

is very limited in size, will carry a small payload, and will operate only in restricted areas for limited 

periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no 

higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the sUAS is in 

working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance 

performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain 

the aircraft in an airworthy condition to provide the equivalent level of safety. 

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