Advanced WaterEngineering

.·'J September22, 2015

U.S. DepartmentofTransportation, Docket Operations West Building Ground Flood, Room W12-140 1200 NewJerseyAve., SE Washington, DC 20590 Bruce M. Phillips, PE 

## I SeniorVicePresident- StormwaterManagement Direct: (714) 481-7231 

### IMobile: (714) 514-8804 17520 Newhope Street, Suite 200, Fountain Valley, CA 92708 bphillips@pacewater.com 

### Iwww.pacewater.com



### Re: Exemption Request UnderSection 333 ofthe FAA Reform Act and Part 11 ofthe 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 ofour DJI Phantom 2 (sUAS), for precision aerial surveying, so long as such operations are conducted within and underthe 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, watertreatmentfacility development and waterfeature construction. The company utilizes mapping software, GPS systems, and surveying equipmentto provide ourclients with accurate land analysis forourengineeringwork. 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 underthese exemptions will be conducted withthe following restrictions: 

### 1. Flights will be in Class Gairspace at no morethan

### 400'AGL. 2. The UAS will be operated over private propertyonlywith the permission ofthe owner. 3. The UAS will not be operated over populated areas. 4. The UAS will not be operated within 5 NM ofan airport. 5. Operationswill be limited to daytime and undervisual meteorological conditions only. 6. The aircraftwill remain withinvisual line ofsite ofthe observer at no morethan 

### Yz NM range. 7. A NOTAM will be issued priortoflight operations. 8. The UAS will have a maximum takeoffweight (GTOW) ofless than 551bs. 9. The aircraftwill be U.S. registered and displaytheN-number. 10. The sUAS pilotwill 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 offlightwhich could distract any operator orobserverfrom the performance ofhis/herduties or interfere in anyway withthe properconduct ofhis/herduties.U.S. DepartmentofTransportation Exemption Request September22, 2015 Pagelaf6 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 forsafe 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 operatorwill immediately conclude the operation. 14. The aircraftwill automatically return to aspecific location ifthe communications link is lost. 15. All flights will be conducted below 70mph. 16. Maximum total flighttime for each operational flight will be 20 minutes or less. Flights will be terminated at20% battery power reserve should that occur priortothe 20 minute limit. 

### PACE Fleet Overview PACE is submittingthis 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 followthe guidelines presented inN 8900.227. The DJI Phantom 2 Specifications:

• Dimensions: 14"x 14"x 

### 7" • Weight: 2.6 lbs • Max speed: 16m/s • Maxaltitude: 6000m • Max distance: 2000m • Real-time video connection through the RX-LCD5802 forfirst 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 ofsafety for these exempt regulations. Please find our explanation of equivalent levels ofsafety per regulation under

### AppendixA- Description of SpecificRegulations. 

# • 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~""'"""''\;;;** 

# PACEU.S. DepartmentofTransportation Exemption Request 

### Public Benefit September22, 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 aircraftwith pilot and crew, to shoot stereoscopic imagery and then convertthe imagerytotopographic data. This takes a numberofweeks to perform, and is done at asignificant costto ourclients. 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 ofanalysis is increased and 4) Cost Savings are realized. The reason our exemption would create a public benefit forsafety 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 underthe 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 eliminatethese risks dueto itssize, weight, speed and lowerflying altitudes. This exemption would be good forthe environment by eliminatingthe need for massive consumptions offossil fuels that a manned aircraftwould need to consume to completethe 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 motorofthe sUAS as compared tothe much larger, manned aircraft. The next benefitto 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 institutionsto private land owners. In summary, we are excited and motivated to utilize all the potential the UAVs have to offerour profession. We believe the UAS could provide a significant benefit to the public and environment. We also believe safety is paramount to all aspects ofourwork, and plan to provide these services with the utmost care and observation ofthe flight standards put forth by N8900.227. Sincerely,

Bruce M. Phillips, Sr. Vice President, Stormwater Management PACE Advanced Civil Engineering

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# PACEU.S. DepartmentofTransportation Exemption Request APPENDIX A- Description ofSpecific Regulations 14CFR Part21. Subpart H: Airworthiness Certificates 14C.F.R. §91.203(a) 

### & (b)- Civil aircraft: Certifications required September22, 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 aircraftto be utilized by PACE, 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 USC §44701(f)) and Section 333 ofthe 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 proximityto airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese 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 withoutthe restrictions and conditions proposed. 14CFR §45.23(b): Markingofthe 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 entranceto acabin, 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 thatthe size ofthe 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 ofthe fuselage. 14CFR §61.23(a)

- Medical certificates: Requirement and duration Regulations providethat a person must hold at least asecond 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) ofthis section); or • Privileges ofacommercial pilotcertificate Given the size ofthe UAS in this petition and the limited flight area and the safetyfeatures integrated in the autopilot, PACE believes that an Equivalent Level ofSafety can be reached ifthe operator has avalid 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 aircraftforcompensation or hire to hold acommercial 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 safetyfactors, the FAA should permit operation of UAS by operators with a private pilot certificate when the conditions

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# PACEU.S. DepartmentofTransportation Exemption Request September22, 2015 Page5of6 described above have been satisfied. The above-described conditions are in-line with those set forth in Volume 16, Chapter4, Section 1of FAA Order8900.1. PACE proposes to conduct operations in accordance with these restrictions. Given these conditions and restrictions, an equivalent level ofsafety to manned operations will be achieved through operation with a private pilot certificate. The risks associated with the operation ofthe DJI multi-rotoraircraft (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 ofthese UAS, as set forth above, meets or exceeds the present level ofsafety provided under 14 CFR §61.113 (a) and (b), §61.133. 14CFR §91.7 (a)- Civil aircraftairworthiness 14CFR §91.7 (a) statesthat no person mayoperatea civil aircraft unless it is in airworthycondition. An exemption is requested to allow PACE to commercially operate the UAS without an airworthiness certificate. Given the size ofthe aircraft, requirements for maintenance and use ofsafety checklists priorto each flight an equivalent level ofsafetywill be provided. 14CFR §91.9 (b)(2)- Civil aircraftflight 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 tothis requirement since the aircraft has no abilitygiven its size and capacity, to carry such a manual. The equivalent level ofsafetywill be achieved by keepingthe DJI user manual withthe ground crew. 14CFR §91.103- Preflight action This regulation requires each pilot in command take certain actions beforeflightto ensure the safety oftheflight. 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 otheractions in the safety checklists. These actions will provide an equivalent level ofsafety. 14CFR §91.109(a)- Flight Instruction; Simulated instrumentflightand certainflighttests. Sections 91.109(a) provides that no person may operate acivil aircraftthat is being used forflight instruction unless that aircraft has fullyfunctioning 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 ofthe aircraft, and the abilityto control the sUAS via radio signals from the controller, and a pilotskilled in remote piloting. 14CFR §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, orstructure.

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# PACEU.S. DepartmentofTransportation Exemption Request September22, 2015 Page6of6 Since the UAS in this exemption will be operating at a maximum of400 fee AGL, this requirement cannot be followed. To provide an equivalent level ofsafety PACE will onlyfly over private propertywith the permission ofthe 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 notcomparable to manned aircraft and should be considered in grantingthe exemption. 14CFR §91.121-Altimetersettings. The regulation states that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles ofthe aircraft. The UAS will fly below400 feetAGL and will not need to maintain hemispherical cruising altitudes in orderto de-conflict with otheraircraft. To provide an equivalent level ofsafety, the autopilot calculates the reference altitude (ground level) withthe on-board GPS duringthe pre-flighttests. The GPS and barometerdata are then used to calculate the altitude inflight. 14CFR §91.151(a)

- Fuel requirementsforflight 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 toflytothefirst pointofintended landing and tofly afterthatforat 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 powerwarning. The OJI UAS are designed to automatically return to base and land safely when the power is too low. 14CFR §91.203(a) & (b)- Carrying civil aircraftcertification and registration This regulation requires the aircraftto 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 pointwherethe pilotflyingthe UAS will have immediate access tothem, tothe extenttheyare applicable tothe UAS. 14CFR §91.405(a) 

### & 407(a)(l);409(a)(2); 417(a) 

### & (b)- Maintenance inspections This regulation provides thatthe 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 under43.7" 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