Project No. OH2015 October 29, 2015

3234 Alta Lane, Lafayette, CA 94549  925

- 369

- 2505  www.graygeotech.com U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590



### Small Unmanned Aircraft Systems Section 333 Petition for Exemption of Specific Rules of Title 14 CFR

Dear Sir or Madam

,

This letter serves as our petition for exemption for certain regulations (listed below) of Title 14 of the Code of Federal Regulations (14 CFR) p ursuant to Section 333 of the FAA Modern ization and Reform Act of 2012

. We request these exemptions to allow Gray Geotech to have the opportunity to make use of commercial operation of small unmanned aerial systems (UAS) for aerial data collection. It is our opinion that the fol lowing list of operational regulations will result in a burden for operation of a small UAS, and that

we can provide a level of safety at least equal to that provided by the rule s , and our request is in the public interest.
Specific regulations from which relief is requested:



### • 14 CFR Part 21, Subpart H; Certification procedures for products and parts, Airworthiness Certificates



### • 14 CFR § 45.23 (a) ; Display of marks; general



### • 14 CFR § 61.113 (a) ; Private pilot privileges and limitations: Pilot in command



### • 14 CFR § 91.9; Civil aircraft flight manual



### • 14 CFR § 91.119 (c) ; Minimum safe altitudes



### • 14 CFR § 91.121; Altimeter settings



### • 14 CFR § 91.151 (a)(1) ; Fuel requirements for flights in VFR conditions



### • 14 CFR § 91.405 (a) ; Maintenance required



### • 14 CFR § 91.407 (a)(1) ; Operation after maintenance



### • 14 CFR § 91.409 (a)(1)&(2) ; Inspections



### • 14 CFR § 91.417 (a)&(b) ; Inspections

Th is petition has been prepared following the public guidance offered by the FAA, and our proposed UAS operations outlin ed in this petition are similar in all material respects to relief previously granted by the FAA in Grant of Exception Nos. 11062, 11109, 11112, and 11213. It is our opinion t he reasons stated by the FAA in granting the exemptions listed above also apply t o thi s petition

.Small Unmanned Aircraft Systems Section 333 Petition for Exemption of Specific Rules of Title 14 CFR OH2015 29/10/15 Rev 0.1 2 

### 1. REGARDING THE PROPOSED UNMANNED AIRCRAFT SY STEM

Design and Characteristics of Proposed UAS

We intend to use a Tarot FY650 quadcopter with the 3D Robotics Pixhawk flight controller. The size, operation, and capability is equal to the 3DR X

- 8. Specifically, the proposed UAS is a small battery powered quadcopter with a maximum weight of 7.7 pounds , a flight time of up to 25 minutes, and a maximum capable flight speed of approximately 50 knots

. The proposed UAS is radio controlled via a 2.4 GHz radio , with two redundant radio telemetry link s (one on the 2.4 GHz system and one on a separate 933 MHz radio ) providing flight information such as speed, altitude, heading, location, remaining battery, GPS signal strength, radio control si gnal strength ( and more). This information is periodically monitored by the pilot during operation while maintaining visual contact of the UAS in a method similar to scanning the instrument panel of traditional aircraft. Both telemetry systems include audi ble alerts/ warnings for critical errors, such as GPS signal strength and remaining battery. The on

- board flight controller has a programmable geo

fence to limit the area and altitude of operation. In the event of a loss of radio communications or its los s of

a valid GPS lock , the UAS has the capability to return to the launch location and/or land at a point within the geofenced area

. Details regarding the UAS operation manual, hardware and FCC radio frequency compliance are attached as Appendix 1

.



### Pre

- Flight Inspections, Maintenance, and Repair

Prior to each flight, we will conduct a pre

- flight inspection to determine the UAS is in a condition for safe flight. The pre

- flight inspection includes a check for potential discrepancies (such as inoperabl e components, items, or equipment ) . If the inspection reveals a condition that affects the safe operation of the UAS, we will not take off until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

Our pre flight and maintenance checklist are attached as Appendix 2



### Proposed Flight Operation

Flights will be performed in accordance with the limits stated in the applicable Certificate of Waiver or Authorization (COA) issued by the Air Traffic Organization (ATO )

. Flights will not be conducted closer than 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory or as shown on FAA

- published aeronautical chart s. All flights will be in day visual meteorological co nditions (VMC) conditions and within visual line of sight of the pilot in command (PIC). Flights will be operated at a lateral distance of at least 500 feet from any persons not associated with the UAS operation, and the aircraft will only operate over pro perty with the permission of the owner or authorized agent.

Typical operation will involve a flight speed of 10 to 15 knots with a flight altitude at 100 to 150 feet AGL, and in no case greater than 400 feet AGL (or as limited by the COA) . The proposed UAS uses both a barometric altimeter and a GPS to measure the flight altitude . Prior to each flight the barometric and GPS altimeters are calibrated to provide an altitude relative to the takeoff field elevation, a nd the planned flight altitude will be com pared to the height of the ground surface over the plan n ed flight path using digital terrain maps. Failsafe s will be programmed and used to return the UAS to the launch point or land the UAS within the area of operation in case of lost communications, lost GPS position lock, or low battery reserve. The UAS will remain clear and give way to all manned aviation operations and activities at all times.Small Unmanned Aircraft Systems Section 333 Petition for Exemption of Specific Rules of Title 14 CFR OH2015 29/10/15 Rev 0.1 3 

### 2. REGARDING THE UAS PILOT IN COMMAND ( PIC )

All flights will be conducted by a PIC holding a FAA issued private pilot certificate and a current FAA airman medical certificate. The PIC will have the ability to safely operate the UAS, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures.



### 3. EXEMPTION REQUEST FO R SPECIFIC 14 CFR SECTIONS AND DISCUSSION OF EQUIVALENT LEVEL OF SAFETY

14 CFR Part 21, Subpart H ; Certification procedures for products and parts, Airworthiness Certificates

In reference to Grant of Exemption No. 11062, Docket No. FAA 2014

- 0352, we understand the FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same applicati on.

Our proposed UAS weight is less than 7.7 pounds fully loaded, will not carry pilot/passengers, carries no flammable liquid fuels, and will be flown within a relatively small and secured area. As such, the proposed UAS operatin g without the restrictio ns and conditions of 14 CFR Part 21, Subpart H will be at least as safe as, or safer than, conventional rotorcraft or fixed wing aircraft operating with an airworthiness certificate.

14 CFR § 45.23(a ); Display of marks; general

We r equest relief from Part 45.23 (a ) requiring markings on certain sections of the aircraft and markings of a certain size.

We will mark the UAS with the intent to readily the identify the UAS owner in case of an incident and should enforcement of flight regulations be required. The markings will include a serial number, registered in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

14 CFR § 61.113 (a) ; Private pilot priv ileges and limitations: Pilot in command

Sections 61.113(a) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot
or passengers, flammable fuel and is of significantly smaller proportions (weight and speed) compared to

m anned aircraft , it is our opinion the risks associat ed with the operation of a small UAS is also significantly diminished such that the proposed operations can achieve the equivalent level of safety by requiring the PIC to have a private pilot’s license ra ther than a commercial pilot’s license

. 14 CFR § 91.9(b)(2); Civil aircraft flight manual, marking, and placard requirements.

The UAS, given its size and configuration has no ability or place to carry a flight manual on board the aircraft

. The equivalent l evel of safety will be maintained by keeping the flight manual at the ground control po int where the pilot flying the UAS will have immediate access to it.

14 CFR § 91.119 (c); Minimum safe altitudes

It is our understanding that the minimum safe altitudes o utlined in th is section are to minimize hazards to persons of property on the surface in the event of a loss of power or other mechanical problem, and are based in part on the time required to select the most suitable emergency land ing area for manned aircraft of significantly larger proportion s

.Small Unmanned Aircraft Systems Section 333 Petition for Exemption of Specific Rules of Title 14 CFR OH2015 29/10/15 Rev 0.1 4 However, the operational altitude of small UAS will limited to less than 400 feet AGL. In order to provide an equivalent level of safety in the event of low power or mechanical failure, all flight oper ations will be conducted at least 500 feet away from all nonparticipating persons, vessels and vehicles. Alternatively

, barriers or structures will be used to sufficiently protect nonparticipating persons from the UAS and/or debris in the event of an acci dent.

Therefore, we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.

14 CFR § 91.121; Altimeter settings

The UAS pro posed uses both barometric pressure sensors and GPS to determine an altitude relative to the take

- off field elevation, but does not have the ability to use atmospheric pressure reported by weather stations to make adjust ments to the indicated altitude whil e inflight. Based on the relatively short flight time (less than 25 minutes) and small area of operations

, it is our opinion that the altimeter settings required by this rule are not practical or required for small UAS. To provide an equivalent level of sa fety we propose to use the GPS and barometric sensor to measure an altitude relative to the take

- off field elevation. This relative altitude will be reset prior to each flight, to account for changes in atmospheric pressure with time or weather.

We wil l compare this relative altitude to the ground surface elevation over the planned flight path using digital elevation maps (DEM) to ensure the altitude above the ground level does not exceed the maximum authorized flight altitude.

14 CFR § 91.151(a) (1); F uel requirements for flights in VFR conditions

We believe the intent of this regulation is to prevent a pilot of a manned aircraft from commencing a flight without properly planning the flight as required by § 91.103, and t he 30 minute VFR fuel reserve is specified to allow a margin of safety in case of slower travel time to the planned destination or delays to landing within the traffic pattern of an airport . The proposed UAS is battery powered with a maximum flight time of up to 25 minutes , such that it i s not possible to conduct flight operations while still maintaining a 30 minute

reserve.

The proposed small UAS will be limited to a relatively small and controlled area of operation, and will not operate in long distance or cross

- country flights. The PIC will ensure that before each flight, there is enough available power for the UAS to conduct the intended operation and to operate with at least 25% reserve battery power still available. The UAS telemetry system allows for monitoring of the battery level d uring the flight, and a fai lsafe available to provide return to home or landing function in case the battery voltage drops below the reserve level. It is our opinion that this will provide an equivalent level of safety considering the size and type of oper ation for the proposed small UAS.

14 CFR § 91.405 (a) , 91.407 (a)(1) , 91.409 (a)(1)&(2) , 91.417 (a)&(b) ;

These sections require that maintenance of aircraft, airframe, aircraft engine, propeller, or component parts

are perform ed by certified aircraft mechanics and repairmen as authorized by 14 CFR Part 43. Due to the size, construction, and simplicity of the small UAS

, it is our opinion that it is not practical to limit maintenance and repairs to be performed by certified aircraft mechanics and repairm en.Small Unmanned Aircraft Systems Section 333 Petition for Exemption of Specific Rules of Title 14 CFR OH2015 29/10/15 Rev 0.1 5 We propose to provide an equivalent level of safety by performing maintenance, ove rhaul, replacement, inspection for the aircraft and aircraft components in accordance with the manufacturer’s recommendations, and as outlined in the operation manual and preflight checklists attached to this letter. If the UAS has undergone maintenance or alterations that affect the operation or flight characteristics, (e.g., replacement of a flight critical com ponent), we will perform a functional test flight prior to conducting further operations

.


### 4. PUBLIC INTEREST

We intend to use small UAS to survey land surface features and map geologic hazards. The use of UAS allows for mapping of terrain that is difficult or unsafe to survey by traditional land based methods. In addition, UAS mapping methods are cost efficient and allow for aerial imaging and data collection of smaller sites where the expense of traditional aerial mapping is not warranted

.

We believe this petition provides adequate justification for the grant of the requested exemptions allowing commercial operation of small UAS for commercial aerial, however, please contact us if you need additional information to support the requested exemptions.

Sincerel y,

Joe Gray , PE Geotechnical Engineer

Attachments: Appendix 1

– Operation Manual and Hardware Specifications Appendix 2

– Planning, Preflight and Flight Checklist