Advanced Water Engineering 

.·' J 

September 22, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Flood, Room W12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Bruce M. Phillips, PE I Senior Vice President- Stormwater Management 

Direct: (714) 481-7231 I Mobile: (714) 514-8804 

17520 Newhope Street, Suite 200, Fountain Valley, CA 92708 

bphillips@pacewater.com I www.pacewater.com 

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

Dear Sir, Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (herein referred to as Reform Act) and 14 

CFR Part 11, Pacific Advanced Civil Engineering (PACE), hereby applies for an exemption from the listed Federal Aviation 

Regulations (FARs) to allow commercial operation of our DJI Phantom 2 (sUAS), for precision aerial surveying, so long as 

such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333. 

PACE is a consulting firm that provides engineering services for water resources including flood control, watershed 

planning, water treatment facility development and water feature construction. The company utilizes mapping software, 

GPS systems, and surveying equipment to provide our clients with accurate land analysis for our engineering work. 

This exemption would allow PACE to pursue commercial interests in aerial data collection using sUAS. The systems 

proposed will be used to conduct data gathering operations for engineering services such as mapping, elevation model 

generation, aerial inspections, vegetation mapping, and construction site monitoring. The team at PACE will operate in 

accordance with FAA N 8900.227 and utilize both a Pilot in Command and a ground-based visual observer. All activities 

under these exemptions will be conducted with the following restrictions: 

1. Flights will be in Class G airspace at no more than 400' AGL. 

2. The UAS will be operated over private property only with the permission of the owner. 

3. The UAS will not be operated over populated areas. 

4. The UAS will not be operated within 5 NM of an airport. 

5. Operations will be limited to daytime and under visual meteorological conditions only. 

6. The aircraft will remain within visual line of site of the observer at no more than Yz NM range. 

7. A NOT AM will be issued prior to flight operations. 

8. The UAS will have a maximum takeoff weight (GTOW) of less than 551bs. 

9. The aircraft will be U.S. registered and display theN-number. 

10. The sUAS pilot will be an FAA licensed airman with at least a private pilot's certificate and third class medical. 

11. No operator or observer will engage in, nor may an operator or observer permit, any activity during a critical 

phase of flight which could distract any operator or observer from the performance of his/her duties or interfere 

in any way with the proper conduct of his/her duties. 
U.S. Department of Transportation 

Exemption Request 

September 22, 2015 

Pagel af6 

12. The PIC will conduct a pre-flight inspection prior to each flight so as to ensure that the UAS and associated 

systems are in a condition for safe operation. 

13. The PIC and observers will maintain tow-way communications with each other during all operations; if unable to 

maintain two-way communications, or if any condition occurs that may otherwise cause the operation to be 

unsafe, the operator will immediately conclude the operation. 

14. The aircraft will automatically return to a specific location if the communications link is lost. 

15. All flights will be conducted below 70mph. 

16. Maximum total flight time for each operational flight will be 20 minutes or less. Flights will be terminated at 20% 

battery power reserve should that occur prior to the 20 minute limit. 

PACE Fleet Overview 

PACE is submitting this request for exemption for a multi-rotor platform from DJI; the Phantom 2. This product has been 

shown to be reliable and is one of the most popular products utilized by hobbyists and professionals alike. PACE has 

expertise and knowledge in the operations of this platform. We will utilize training and operational procedures that 

follow the guidelines presented inN 8900.227. 

The DJI Phantom 2 Specifications: 

• Dimensions: 14" x 14" x 7" 

• Weight: 2.6 lbs 

• Max speed: 16m/s 

• Max altitude: 6000m 

• Max distance: 2000m 

• Real-time video connection through the RX-LCD5802 for first person viewing. 

The regulations from which the exemption is requested are as follows. The appendix contains details of the PACE 

operations related to showing an equivalent level of safety for these exempt regulations. Please find our explanation of 

equivalent levels of safety per regulation under Appendix A- Description of Specific Regulations. 

• 14 C.F.R. Part 21 Subpart H 

• 14 C.F.R. 45.23(b) 

• 14 C.F.R. 61.23(a) 

• 14 C.F.R. 61.113(a) & (b) 

• 14 C.F.R. 91.7(a) 

• 14 C.F.R. 91.9(b)(2) 

• 14 C.F.R.91.103 

• 14 C.F.R. 91.109 

• 14 C.F.R. 91.119 

• 14 C.F.R. 91.121 

• 14 C.F.R. 91.151(a) 

• 14 C.F.R. 91.203(a) & (b) 

• 14 C.F.R. 91.405(a) 

• 14 C.F.R. 407(a)(1) 

• 14 C.F.R. 409(a)(2) 

• 14 C.F.R. 417(a) & (b) 

;-..;::t(,?<_ey~""'"""''\;;; 

PACE 
U.S. Department of Transportation 

Exemption Request 

Public Benefit 

September 22, 2015 

Page3of6 

Many of our projects require up-to-date aerial imagery and accurate elevation models. The traditional way this is 

performed is by hiring an aerial mapping company, which takes typically a six cylinder internal combustion twin engine 

aircraft with pilot and crew, to shoot stereoscopic imagery and then convert the imagery to topographic data. This takes 

a number of weeks to perform, and is done at a significant cost to our clients. 

With the approval of exemption, allowing PACE to perform aerial photogrammetry services with the sUAS we believe 

this would increase public benefit in at least four ways, 1) Safety is increased 2) Environmental consequences are 

reduced 3) Speed of analysis is increased and 4) Cost Savings are realized. 

The reason our exemption would create a public benefit for safety is the products PACE would create via the sUAS could 

only be performed by manned aircraft as described above. Manned aircraft comes with a certain amount of risk 

including to the pilot, crew, and by-standers under the aircrafts flight plan. The sUAS due to its size, speed, weight, and 

inability to carry passengers would reduce the inherent risk of personal safety of manned flights. In addition, manned 

aircraft poses a significant risk to property. The manned aircraft runs on combustible fuel, flies at high altitudes with 

much greater speed and weight. If an accident occurs with a manned aircraft the damage it could produce could be 

catastrophic. The sUAS would eliminate these risks due to its size, weight, speed and lower flying altitudes. 

This exemption would be good for the environment by eliminating the need for massive consumptions of fossil fuels that 

a manned aircraft would need to consume to complete the products mission. In contrast, the sUAS runs on rechargeable 

batteries that have zero emissions. Noise pollution would be greatly benefitted because the low noise emissions from 

the electric motor of the sUAS as compared to the much larger, manned aircraft. 

The next benefit to the public is speed in the products produced by the sUAS. Often times we are called to assess flood 

potential, flood damage, flow characteristics, and construction management. Current aerial mapping with traditional 

methods takes well over 3 weeks to produce usable products for analysis. This time can be reduced to one day by using 

the sUAS aerial mapping products. This enables our analysis to be performed and delivered to decision makers in an 

incomparable manner. 

The other benefits that come from utilizing the sUAS is huge costs savings to our clients. With the reduction in personal 

safety, less pollution, less fuel consumption, and speed saves money. Our clients range from public institutions to private 

land owners. 

In summary, we are excited and motivated to utilize all the potential the UAVs have to offer our profession. We believe 

the UAS could provide a significant benefit to the public and environment. We also believe safety is paramount to all 

aspects of our work, and plan to provide these services with the utmost care and observation of the flight standards put 

forth by N 8900.227. 

Sincerely, 

Bruce M. Phillips, Sr. Vice President, Stormwater Management 

PACE Advanced Civil Engineering 

~........:;: 

PACE 
U.S. Department of Transportation 

Exemption Request 

APPENDIX A- Description of Specific Regulations 

14 CFR Part 21. Subpart H: Airworthiness Certificates 

14 C.F.R. §91.203(a) & (b)- Civil aircraft: Certifications required 

September 22, 2015 

Page4of6 

Subpart H, 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 PACE, 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 USC §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. In all cases, an analysis of these criteria 

demonstrates that the sUAS operated without an airworthiness certificate, in restricted environment and under the 

conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness 

certificate without the restrictions and conditions proposed. 

14 CFR §45.23(b): Marking of the aircraft 

14 CFR §45.23 requires that certain experimental, provisionally certified aircraft, or light-sport category aircraft to be 

marked with letters between 2 inches and 6 inches high "limited", "restricted", "light-sport", "experimental" or 

"provisional" near each entrance to a cabin, cockpit or pilot station. 

An exemption is asked for sUAS because the sUAS will have no entrance to the cabin, cockpit or pilot station on which 

the word "experimental" could be placed. Also, given that the size of the sUAS fuselage is only 7", this requirement will 

be impossible to match. The equivalent level of safety will be achieved by having the registered N-number in 1 inch 

lettering on the side of the fuselage. 

14 CFR §61.23(a) - Medical certificates: Requirement and duration 

Regulations provide that a person must hold at least a second class medical certificate when exercising: 

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other than 

operations specified in paragraph(a)(1)(ii) of this section); or 

• Privileges of a commercial pilot certificate 

Given the size of the UAS in this petition and the limited flight area and the safety features integrated in the autopilot, 

PACE believes that an Equivalent Level of Safety can be reached if the operator has a valid drivers license. 

14 CFR §61.113 (a) and (b), §61.133 - Private Pilot Privileges and Limitations: Pilot in Command; Commercial Pilot 

Privileges and Limitations 

Subsections (a) and (b) of §61.113 prohibit private pilots from operating aircraft in commercial operations, and 

§61.133(a) requires an individual operating an aircraft for compensation or hire to hold a commercial pilot certificate. 

PACE requests an exemption from §61.113 (a) and (b), §61.133(a) so that above mentioned UAS may be operated by 

individuals who have a private pilot certificate. Based upon the design features of the UAS, its autopilot system, and 

safety factors, the FAA should permit operation of UAS by operators with a private pilot certificate when the conditions 

PACE 

~ 
U.S. Department of Transportation 

Exemption Request 

September 22, 2015 

Page5of6 

described above have been satisfied. The above-described conditions are in-line with those set forth in Volume 16, 

Chapter 4, Section 1 of FAA Order 8900.1. 

PACE proposes to conduct operations in accordance with these restrictions. Given these conditions and restrictions, an 

equivalent level of safety to manned operations will be achieved through operation with a private pilot certificate. The 

risks associated with the operation of the DJI multi-rotor aircraft (given the size, speed, operational capabilities, and lack 

of combustible fuel) are much less than the level of risk associated with fixed wing and rotorcraft operations, both 

private and commercial, as contemplated by Part 61, that allowing operations of these UAS, as set forth above, meets or 

exceeds the present level of safety provided under 14 CFR §61.113 (a) and (b), §61.133. 

14 CFR §91.7 (a)- Civil aircraft airworthiness 

14 CFR §91.7 (a) states that no person may operate a civil aircraft unless it is in airworthy condition. 

An exemption is requested to allow PACE to commercially operate the UAS without an airworthiness certificate. Given 

the size of the aircraft, requirements 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, marking, and placard requirements 

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

aircraft. 

PACE requests an exemption to this requirement since the aircraft has no ability given its size and capacity, to carry such 

a manual. The equivalent level of safety will be achieved by keeping the DJI user manual with the ground crew. 

14 CFR §91.103- Preflight action 

This regulation requires each pilot in command take certain actions before flight to ensure the safety of the flight. 

PACE requests an exemption of this regulation as the PIC will take separate preflight actions including checking for 

weather conditions, checking flight battery status, checking takeoff and landing distances, noting potential flight path 

obstructions, and all other actions in the safety checklists. These actions will provide an equivalent level of safety. 

14 CFR §91.109(a)- Flight Instruction; Simulated instrument flight and certain flight tests. 

Sections 91.109(a) provides that no person may operate a civil aircraft that is being used for flight instruction unless that 

aircraft has fully functioning dual controls. 

The sUAS's and remote piloted aircraft 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 communications. The equivalent level of safety 

will be achieved by not being able to carry a pilot nor passengers within the aircraft, the size and speed of the aircraft, 

and the ability to control the sUAS via radio signals from the controller, and a pilot skilled in remote piloting. 

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. 

~-; 

PACE 
U.S. Department of Transportation 

Exemption Request 

September 22, 2015 

Page6of6 

Since the UAS in this exemption will be operating at a maximum of 400 fee AGL, this requirement cannot be followed. To 

provide an equivalent level of safety PACE 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. In addition, we believe that due to the size, speed, and weight of the sUAS, the hazard to persons, vessels, 

vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption. 

14 CFR §91.121- Altimeter settings. 

The regulation states that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 

100 nautical miles of the aircraft. 

The UAS will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitudes in order to de-conflict 

with other aircraft. To provide an equivalent level of safety, the autopilot calculates the reference altitude (ground level) 

with the on-board GPS during the pre-flight tests. The GPS and barometer data are then used to calculate the altitude inflight. 

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

The regulation states that no person may begin a flight in an airplane under day-VFR conditions unless there is enough 

fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. 

As the aircraft in this request is electric-powered, this requirement is inapplicable. An equivalent level of safety is 

achieved through a low battery power warning. The OJI UAS are designed to automatically return to base and land safely 

when the power is too low. 

14 CFR §91.203(a) & (b)- Carrying civil aircraft certification and registration 

This regulation requires the aircraft to have certification and registration documents on display. 

Due to the size of the aircraft there is no ability to carry this required certification and registration, nor a suitable 

location for display. An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. 

14 CFR §91.405(a) & 407(a)(l); 409(a)(2); 417(a) & (b)- Maintenance inspections 

This regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, 

including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for 

return to service by a person authorized under 43.7" after maintenance and inspection. 

Given that these sections and part 43 apply only to aircraft with an airworthiness certificates, these sections will not 

apply. Maintenance will be accomplished by the PIC pursuant to the manufacturer's recommendations. We feel an 

equivalent level of safety will be achieved through an inspection by the PIC due to the aircrafts size, construction, and 

relative simplicity. PIC will ensure the UAS is in working order prior to initiating flight by checking battery life, rotor 

condition, remote connections and other pre-flight safety inspections. 

PACE ~=