# 011NG~ MATERIALS

September4, 2015 OZINGA MATERIALS, INC. 19001OLD LAGRANGE ROAD MOKENA, IL 60448 P: 708.326.4300 F: 708.326.4301

U.S. DepartmentofTransportation Docket Management System 1200NewJersey Ave., SE Washington, DC 20590

RE: ExemptionRequest Pursuantto §333 ofthe FAAReform Act of2012

To Whom ItMay Concern:

Please accept this letter, pursuant to §333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.P.R. Part 11, requesting an exemption from Federal Aviation Regulations ("FARs") to allow the commercial operation ofa 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 requiredbythe 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 ofits stockpile ofmaterials. Since many ofOzinga Materials' stockpiles are mounds which reach heights of over four stories, efforts to maintain precise measurements ofthese materials utilizing ground-based methods or the assistance ofa 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 ofstockpiles in a safe and efficientmanner 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 ofits stockpiles and upload those images to a computer running specialized software to analyze the images and provide accurate and precise measurements ofstockpile materials.

Based on the small size ofthe sUAS OzingaMaterials 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 ofsignificantly larger manned aircraft carrying
crew and flammable fuel. Utilization ofan sUAS to obtain this data would eliminate most ofthe risks associated with the use ofa standard aircraft, giving the FAA good cause to find thatthe instantpetition is in the public'sbest 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 overprivate property owned by OzingaMaterials, orwith the express, priorconsent and knowledge ofthe property owner. 

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Thefollowing are the specificregulations from whichOzingaMaterials isrequesting exemption:

14 CFRPart21; 14 CFR45.23; 14 CFR61.113(a) & (b); 14 CFR61.133 (a); 14 CFR91.7 (a); 14 CFR91.9 (b) (2); 14 CFR91.103; 14 CFR91.105; 14 CFR91.109; 14 CFR91.119; 14 CFR91.121 14 CFR91.151 (a); 14 CFR91.203 (a) & (b); 14 CFR91.405 (a); 14 CFR91.407 (a) (1); 14 CFR91.409 (a) (2); AND 14 CFR91.417 (a) & (b).

II. StatutoryAuthority

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 ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe [comprehensive] plan and rulemaking required by section 332(b)(l) ofthis Act or the guidance required by section 334 ofthis Act." In §332(b)(l), Congress made it clearthat §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 athand. See, e.g., ExemptionNo. 11062, Regulatory DocketNo. FAA-2014-0352 (granting regulatory exemptions to Astraeus Aerial for operation ofunmanned aircraft systems for the purpose offilming for the motion picture and television industry). Section 3 33(b) identifies several factors thatthe FAA should considerindeterminingwhethercommercial UAS operations should be approved. These include UAS that, "as a result oftheir size, weight, speed, operational capability, proximityto airports and populated areas, and operation within visual line ofsight do not create a hazard to users ofthe [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 requestedexemption is inthe public interest. SeeU.S.C. § 44701(f).

Ofnote, currently, there are no standards for either private or commercial sUAS pilot certificates, knowledge ofairspaceregulations acquiredfrom FAA sportpilotwritten, knowledgetest andpractical,**www.OZING~**.comU.S. DepartmentofTransportation September4, 2015 Page3

flight test courses and dexterity in the control and operation ofthe sUAS acquired from actual operation ofthe aircraftwill bethe most important factors in establishing an equivalentlevel ofsafety. Accordingto the FAA, "the FAA considers the overriding safety factor for the limited operations proposed by the petitionerto bethe 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 DocketNo. FAA-2014-0352, atp. 18.

III. Facts
The sUAS proposed for use in this exemptionrequest 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) EnergySource: 4489mAh, 15.2vLiPo 4s battery RemoteControllerOperatingFrequency: 2.400 GHz- 2.483Ghz Standard Safety Features: Auto-takeoff; Auto-return home with push ofa button, when battery becomes critically low, orifthe sUAS loses contactwiththe remote control; Settings allowingfor sUAS to be limitedto fly onlywithin preset distances and altitudes from the PIC; Real time video footage ofthe flight, from the sUAS'sperspective, visible from a ground basedtablet orphone. ForMoreInfo: http:/ /store.dji.com/product/phantom-3-advanced?from=related _products#/spec
Additional informationregardingthe proposed operation ofthe 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 occurand no more than four hundred (400) feet above ground level.
• Operationswill be conducted overprivate propertywithpermission ofthe land owner. • All required permitswill be obtainedfrom state and local governmentpriorto operation.
• The aircraftwill notbe operatedoverpopulated areas. • The aircraftwill notbe operated at air shows orover an open-air assembly ofpeople
• Theaircraftwill notbe operated overheavilytraffickedroads.
• Theaircraftwill notbe operated withinfive (5) nautical miles ofa known airport orheliport.
• Operationswillbe limitedto daytime, visual meteorological conditions.
• Aircraft will remain within visual line ofsight atno greaterthan 1nautical mile ofthe PIC at alltimes.
• While the sUAS is airborne, the VO will be positioned within an audible distance ofthe PIC atall times.
• All flight operations will be conducted at least five hundred (500) feet from all nonparticipatingpersons, vessels, vehicles, and structures unless:**www.OJING~** .com

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o Barriers or structures are present that sufficiently protect nonparticipating persons from the sUAS and/or debris in the event ofan 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 ofthe sUAS, flight operations will cease immediately in a manner ensuring the safety ofany nonparticipatingpersons; OR
o The owner/operator ofanyvessels, vehicles, or structures has granted permission to operate closerto said objects and the PICs have made a safety assessment ofthe risk ofoperating 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 ofmedical eligibility or athird 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 maintaininghigh safety standards.
• The PICs will be well versed in the mechanics and operation ofthe sUAS, acquired from actual operation ofthe 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 ofa manned aircraft performing the same mission. Please find attached Exhibitcontaining OzingaMaterial's Exemption Request. Ozinga Materials is willing to modify or amend any part ofthis request to satisfy any reasonable requests ofthe FAA. Please do not hesitate to contact Ozinga Materials using the contact information provided in the letterhead atthe beginning ofthis correspondence.

# SincTiely~ Jon\J:mbis R & 

### D Manager, OzingaMaterials

Enclosure



### VIAFEDERALEXPRESS**www.OJJNG~** .comEXHffiiTA OZINGAMATERIALS' EXEMPTIONREQUEST I EQUIVALENTLEVEL OF SAFETY 

### Ozinga Materials requests exemption from the following regulations as well as any additional regulations which maytechnically apply to the operation ofthe sUAS described herein:

14 CFRPart21, SubpartH- 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 ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 

### and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated
areas ofthe particular sUAS's. In all cases, an analysis ofthese 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 withoutthe 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 ofthese same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed ofoperation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 CFR45.23

- MarkingoftheAircraft 

### 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 nothave aregistration number assignedto itbythe FAA.
We propose to achieve an equivalent level ofsafety by including the word "EXPERIMENTAL" on the top ofthe aircraft, where the PIC, VO and others in the vicinity ofthe 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 ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point oforigin.

14 CFR61.113 (a) & (b)- Private pilot privileges and limitations: Pilotin Command; and 61.133- CommercialPilotprivileges andlimitations 

### The regulation provides that no person that holds a private pilot certificate may act as pilot in command ofan aircraft for compensation orhire. Subparagraph (b) allowsa private pilotto 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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### www.OJINGA .comincidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation orhire.

Ourproposed operations meet the requirements of8900.227 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 ofsafety 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 orproperty, we feel
we meet the intent of61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business.

14 CFR91.7(a)- Civil AircraftAirworthiness 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 FAAregulatory standard will exist for determining airworthiness.

Given the size ofthe aircraft for maintenance and use ofsafety checklists prior to each flight an equivalent level ofsafety will be provided.

14 CFR91.9 (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 ofthis 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 of91.9, we propose that a current, approved FlightManual for the sUAS described herein must be available to the crew atthe ground station anytime the aircraft is in orpreparing for flight.
14 CFR91.103- 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 ofthe information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA approved FlightManual is required.

14 CFR91.105- Flight CrewMembers at Stations Since there is no flight crew onboard the sUAS, the above-cited regulation is inapplicable. However, in keeping with the direction ofthe regulation, the PIC ofthe sUAS and VO will be at their respective crew member stations on the ground during takeoff and landing as well as the complete duration ofthe flight.

14 CFR 91.109- Flightinstruction 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 ofa control box that communicates with the aircraft via radio

## ____"_·~......___ www.OZJNGA .comcommunications. 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 bythe size and speed ofthe aircraft.

14 CFR91.119- 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 ofsafety Ozinga Materials will only fly overprivate property with the permission ofthe land owner. The land owner will be briefed ofthe expected route offlight and the associated risks to persons and property on the ground. We maintain that due to the small size ofthe sUAS described herein, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in grantingthe 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 ofpower unit failure and operating at 400 feet altitude, Ozinga Materials' chosen PIC will be able to conduct an emergency landing withoutundue hazard to persons orproperty onthe ground.

14 CFR91.121- Altimeter settings The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles ofthe 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 takoffpoint 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 CFR91.151(a)- Fuel requirements forflight inVFRconditions 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 ofintended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthat for at least 30 minutes; or (2) At night, to fly afterthat 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 underthe 30-minutereserve requirement in 14 CFR91.151.

Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longertime frame for flight in daylight ornightVFRconditions is reasonable. Ozinga Materials believes that an exemption from 14 CFR91.151(a) falls within the scope ofprior 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 ofreserve fuel, does not engenderthe type ofrisks that Section 91.151(a) was intendedto alleviate given the size and speed ofthe 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 ofsafety can be achieved by limiting flights to 17 minutes or 25% ofbatterypower, whicheverhappens first. This restriction would be more than adequateto returnthe sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been grantedto otheroperations, including Exemptions 2689F, 5745, 10673, and 10808.



### www.OZJNGA .com14 CFR91.203(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 ofcarrying passengers or crew. To obtain an equivalent level of safety and meet the intent of91.203, 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 orderto identifY the aircraft, we propose thatthe information normally found on airworthiness andregistration certificates be permanently affixed to the aircraft viaplacard:

Manufacturer: Name and Manufacturer ofsUAS Model: Model Number Registered to: OzingaMaterials, Inc. 19001 Old LaGrange Road

Mokena, Illinois 60448 Iffound please call: (708) 326-4300

14 CFR91.405 (a),91.407 (a) (1), 91.409 (a) (2), 91.417 (a) & (b)- MaintenanceInspections 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) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspect ormaintainthe 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 ofsafety 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 oftime. Ifmechanical 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 priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suitedto maintain the aircraft in an airworthy conditionto provide the equivalent level ofsafety.



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