**Date:** February 2 nd, 2016

**To:** U.S. Department of Transportation

Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 **From:** Jesse Barker, M.S., P.E.; Chris Bowles Ph.D., P.E. **Subject:** Petition for Exemption from Certain Federal Aviation Regulations according to Section 333 of

the FAA Modernization and Reform Act of 2012 Dear Sir or Madam, cbec eco-engineering, inc. (cbec) is applying for an exemption from the Code of Federal Regulations according to Section 333 of the FAA Modernization and Reform Act of 2012 as detailed below. Strict protocol and operations would be adhered to during the UAS’s flight and maintenance. The exemption would permit commercial operation of a small (< 55 lbs) unmanned aircraft system (UAS) in the national airspace system (NAS) as regulated by the FAA for the following uses:  Aerial topographical survey and mapping  Aerial data collection for 2D and 3D modeling  Photogrammetric data collection  Aerial inspection of riverine construction and rehabilitation sites  Flood and flow tracking  Flood management infrastructure (levees, weirs, etc.) inspection and monitoring  Geomorphic assessments The exemption would be in the public’s interest by allowing cbec to better manage flood plain and restoration projects. Both of which are invaluable assets to the larger community. All operations performed by cbec would be cost effective and protect the public by reducing the need for larger manned aircraft. In addition, the unmanned aerial system (UAS) would not use flammable liquid fuel, instead, operating with high-energy batteries. cbec is petitioning for this exemption with the previously approved UAS, DJI Phantom 3 Professional (Exemptions 14505, 14519, 14385). The flight system has reliable and tested built in safety features:  Maximum flight altitude limiter  Maximum flight radius limiter  Return to home trigger in case of loss of communication or visual line of site (VLOS)  No fly zones around airports and other restricted airspacesContained in this petition is a brief description of cbec and its business focus. Additionally, listed are the

rules that cbec is seeking an exemption from as well as detailed and explicit safety protocols and procedures that cbec will adhere to if the exemption is granted. It is explained why this exemption would be in the public’s interest and then the specifications of the UAS are listed. Any inquiries about this petition can be directed to: cbec eco-engineering Attn: Jesse Barker 2544 Industrial Blvd. West Sacramento, CA 95691 Telephone: 916.668.5229 Email: j.barker@cbecoeng.com

Best Regards,

Jesse R. Barker, M.S., P.E. Associate Engineer and Hydrologist cbec eco-engineering2/8/2016 i cbec, inc. 

# cbec eco-engineering Petition for Exemption from Certain Federal Aviation Regulations according to

Section 333 of the FAA Modernization and Reform Act of 2012

Prepared by cbec eco-engineering

February 2 nd 

### , 2016**Section 333 Petition for Exemption** 

2/8/2016 ii cbec, inc. 

## Table	of **Contents** 1 Petitioner Background ................................ ................................ .......................................................... 1 2 Requested Regulation Relief................................................................................................................. 1 2.1 14 CFR 61.23 Medical Certificates ................................ ................................................................ 1 2.2 14 CFR 61.101, 14 CFR 61.113, Pilot privileges and Limitations ................................ ................... 1 2.3 14 CFR 91.7 Civil Aircraft Airworthiness ................................................................ ....................... 2 2.4 14 CFR 91.119 Minimum safe altitudes: General ................................................................ ......... 2 2.5 14 CFR 91.121 Altimeter settings................................................................ .................................. 2 2.6 14 CFR 91.151 Fuel requirements for flight in VFR conditions ................................ ..................... 2 2.7 14 CFR 91.215 ATC transponder and altitude reporting equipment and use .............................. 2 2.8 14 CFR Subpart E (91.401- 91.417) - Maintenance, Preventive Maintenance, Alterations.......... 2 3 Operations and Safety Protocol ................................................................ ............................................ 3 4 Public Interest ................................................................ ................................ ....................................... 4 5 Proposed Uses................................................................ ................................ ....................................... 5 6 Proposed Unmanned Aircraft System................................................................................................ ... 5 6.1 Aircraft ................................ .......................................................................................................... 5 6.2 Remote Control ................................................................................................ ............................. 5 6.3 Flight Battery................................................................ ................................ ................................ . 6 7 Conclusion ................................................................ ............................................................................. 6 APPENDIX A – CBEC PRE-FLIGHT CHECKLIST................................ ................................ ................................ . 7**Section 333 Petition for Exemption** 

2/8/2016 1 cbec, inc. 

## 1 **Petitioner Background**  cbec specializes in eco engineering. Eco engineering describes water resources engineering services that are concerned with developing and providing ecologically sensitive and environmentally sustainable solutions in the fields of hydrology, hydraulics, geomorphology, water quality and restoration and rehabilitation design. cbec focuses on innovative and sustainable solutions for the water resources industry. The diverse academic training and professional experience of cbec's staff provides them with a unique set of qualifications to facilitate problem-solving. This broad skill set is especially useful where complicated multi-discipline solutions are required, such as integrating goals and objectives for flood risk reduction into ecosystem restoration projects, while balancing the requirements of other land uses, like agriculture and urban development. cbec focuses on “green development” to improve the way we develop urban infrastructure (including Low Impact Development). cbec combines hydrologic modeling and species prediction modeling to determine the potential ecological outcome of physical modifications to river channels and their adjacent floodplains. cbec designs restoration measures that will improve a degraded system using natural processes, and applies innovative design to maintain a healthy and diverse ecosystem without frequent intervention. cbec delivers all components of the project, from planning to construction monitoring and beyond through site monitoring and development. 

## 2 **Requested	Regulation Relief**  cbec asks for relief from the following regulations: 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.215, 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow cbec to operate a UAS to perform aerial photography, photogrammetry, natural systems surveying, construction monitoring, and long term geomorphic site monitoring. Similar relief has been recently granted for the entities associated with certificates numbered: 14505, 14462, 14385, 14410, 14418, and 14009. 

### 2.1 **14	CFR	61.23	Medical	Certificates** The regulation provides that a person requires a first or second class medical to act as pilot in command of an aircraft for compensation or hire. Our proposed operations require that the PIC must hold a current third class FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.23 even though the intent of this application is to conduct a business. 

### 2.2 **14	CFR	61.101,	14	CFR	61.113,	Pilot	privileges	and	Limitations** No person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. Because our UAS does not carry passengers or property for hire, we are seeking an exemption to 14 CFR 61.113(a).**Section 333 Petition for Exemption** 

2/8/2016 2 cbec, inc. 

### 2.3 **14	CFR	9 1.7	Civil	Aircraft	Airworthiness**  This Section prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

### 2.4 **14	CFR	91.119	Minim um	safe	altitudes:	General**  The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since some UAS missions would be photography or survey of waterways or construction sites adjacent to populated areas it would sometimes be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre-planning has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. 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. 

### 2.5 **14	CFR	91.121	Altimeter	settings** The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The UAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UAS on-board computer to the display screen held by the PIC, providing a constantly updated AGL readout. 

### 2.6 **14	CFR	91.151	Fuel	requirements	for	flight	in	VFR	conditions** The regulation provides 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. The UAS is battery operated and the maximum duration of flight from a single battery charge is 12-25 minutes (depending on conditions) with a 25% reserve. Since the aircraft will never fly more than 1/2 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. 

### 2.7 **14 CFR**  **91.215 ATC**  **transponder and**  **altitude reporting**  **equipment and**  **use** This regulation states all aircraft operating within 30 nautical miles of class A, B and C airspace must be equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations. Due to the small size and lifting capabilities of our UASs we cannot carry a traditional transponder. 

### 2.8 **14 CFR**  **Subpart E**  **(91.401 -**  **91.417) -**  **Maintenance, Preventive**  **Maintenance,	Alt erations**  The 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. It is our policy that the PIC will perform maintenance and an inspection of**Section 333 Petition for Exemption** 

2/8/2016 3 cbec, inc. the aircraft prior to each flight (see APPENDIX A – CBEC PRE-FLIGHT CHECKLIST for pre-flight check list). The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition, conduct detailed inspections daily or after every two hours of flight, whichever comes first. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. 

## 3 **Operations	and	Safety	Protocol**  cbec will only operate its UAS in line of sight of a pilot and/or observer and will operate at sites that are a sufficient distance from populated areas. Such operations will insure that the UAS will not create a hazard to users of the national airspace system or the public.  cbec will not operate UAS within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD).  A commercial Certificate of Authorization (COA), if required by the FAA, will be obtained according to FAA’s designated procedure before any operations requiring such a COA are conducted, and Notices to Airmen will be filed in accordance with FAA requirements.  RF spectrum will be used in compliance with FCC requirements.  Documents required by 14 CFR 91.9 and 91.203 will be available to the PIC at the point of flight and control, and will be produced upon request by any authority.  The aircraft will remain clear of and yield right of way to all manned aviation operations and activities at all times.  The PIC will operate the aircraft from a stationary ground position and not from any moving device or vehicle.  No operation over congested or densely populated areas is allowed, unless PIC follows procedures to obtain FAA permission if required.  Maximum flight time for each operational flight will be between 15-20 minutes depending on conditions.  Flights will be terminated at 25% battery power reserve.  The PIC must enact the return to home function in the event of lost link, degraded navigation signals, or appearance of unauthorized persons within the secure flight perimeter.  The UAS will be flown at an altitude of no more than 400 feet AGL. This limit will be enforced by flight software.  If visibility is less than three (3) statute miles from the PIC, the aircraft may not be operated less than 500 feet below a cloud, or less than 2000 feet horizontally from a cloud  Minimum crew for each operation will consist of the UAS Pilot (PIC) and the Visual Observer (VO).  The UAS PIC will be an airline transport, commercial or private pilot, and also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government.  The UAS will be properly registered with the FAA.  The UAS operated by cbec will weigh less than 55 pounds, including the payload.  The UAS will operate at speeds of no more than 55 knots.  Given the small size of the UAS and the restricted environment within which they will operate, our UAS operations will adhere to the Reform Act's safety requirements.**Section 333 Petition for Exemption** 

2/8/2016 4 cbec, inc.  The operator employs staff familiar with the hardware and software of the flight platforms. He and the PIC will be responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. Manufacturer systems and safety bulletins will be followed, and flight critical components will be monitored and replaced when needed.  Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights will only be conducted by a PIC with a VO in a safe environment and will remain at least 500 feet from other people. The functional test flight will be conducted in such a manner so as to not pose an undue hazard to persons and property.  Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection will account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will not be operated until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. A copy of the cbec pre-flight checklist is available in APPENDIX A – CBEC PRE-FLIGHT CHECKLIST.  A flight log will be kept that contains information about each flight, any maintenance, and all test flight.  All incidents, accidents, and transgressions of allowed flight boundaries will be reported as required by FAA and NTSB. 

## 4 **Public	Interest** Use of a UAS can reduce the environmental damage as compared to similar operations conducted with manned aircraft of greater proportions, carrying a crew and flammable fuel. Furthermore, use of a UAS in order to facilitate commerce can lead to economic growth and development. Aerial photography is a valuable tool that can lead to increased commerce and enhance personal photography. Specifically to this exemption, cbec’s use of a drone would help the public in the matters of flood protection and environmental restoration. Flood protection infrastructure often spans hundreds of miles. Employing a drone to help in our monitoring efforts would help reduce the time and costs associated with reconnaissance. That in turn would likely allow us to cover more ground and monitor more often. Additionally, many geologic and hydrodynamic processes that cbec monitors occur over a large spatial extent, often times larger than can be perceived from a ground view. A UAS would allow cbec to better understand our dynamic and changing aquatic landscape with an elevated viewpoint and detailed, site scaled, surveying. Furthermore, a UAS would allow cbec to more safely monitor floods. Cbec often monitors systems during peak flow events. During such events, conditions can change rapidly, sometimes becoming unsafe. With the use of a UAS, cbec could monitor critical infrastructure from the safety of a protected location. In addition to flood protection, cbec can employ a UAS in ecosystem rehabilitation and restoration projects. Like most construction projects, restoration and rehabilitation projects require a fine level of detail in the built structures. Chanel bed gradients, flow control structures, flood plain capacity, and**Section 333 Petition for Exemption** 

2/8/2016 5 cbec, inc. vegetative distribution can dictate the success of a project with critical species or resiliency against floods. A UAS would be a tool to better ensure a well-made, final product and offer a way to easily monitor project development. In scientifically based industries such as hydrology and engineering, cbec is always striving to improve its product and a drone could be an important piece in the achievement of that goal. 

## 5 **Proposed Uses**  cbec intends on using the UAS for the following purposes:  Aerial topographical surveying and mapping  Aerial data collection for 2D and 3D modeling  Photogrammetric data collection  Aerial inspection of riverine construction and rehabilitation sites  Flood and flow tracking  Flood management infrastructure (levees, weirs, etc.) inspections  Geomorphic assessments A camera (visible spectrum or infrared) would be the only payload required for all intended uses. 

## 6 **Proposed Unmanned**  **Aircraft System**  The DJI Phantom 3 professional is a multi-rotor, vertical takeoff and landing, unmanned aircraft of quadcopter design. An AGL Altitude can be set in the onboard flight controller to limit the maximum flying elevation. Flight durations can be up to 25 minutes in length, but protocol will limit flights to 20 minutes. PIC is warned via telemetry on the flight controller with lighting cues before aircraft reaches a low battery state. Automatic termination of flight and landing is initiated by the operating system’s software when the remainder of battery life is low. If the aircraft exceeds the control range of the remote control, ‘Return-to-Home’ will trigger, causing the Phantom 3 Professional to fly automatically back to its takeoff point and land safely. The following are specifics related to the aircraft, remote control, and flight battery: 

### 6.1 **Aircraft** Weight (Including Battery And Propellers): 1280 g Diagonal Size (Including Propellers): 590 mm Max Ascent Speed: 5 m/s Max Descent Speed: 3 m/s Hover Accuracy: Vertical: +/
- 0.1 m (when Vision Positioning is active) or +/
- 0.5 m Horizontal: +/
- 1.5 m Max Speed: 16 m/s (ATTI mode, no wind) Max Altitude Above Sea Level: 6000 m Operating Temperature: 0°C to 40°C GPS Mode: GPS/GLONASS 

### 6.2 **Remote	Control** Remote Control Operating Frequency: 2.400 GHz-2.483 GHz Max Distance: 2000m (outdoors and unobstructed)**Section 333 Petition for Exemption** 

2/8/2016 6 cbec, inc. Operating Temperature: 0°C- 40°C Battery: 6000 mAh LiPo 2S Receiver Sensitivity (1%PER): -101 dBm ±2 dBm Transmitter Power (EIRP): FCC: 20 dBm, CE: 16 dBm Working Voltage: 1.2 A @7.4 V 

### 6.3 **Flight	Battery** Battery Capacity: 4480 mAh Voltage: 15.2 V Battery Type: LiPo 4S Energy: 68 Wh Net Weight: 365 g Max Flight Time: Approximately 23 minutes Operating Temperature: -10°C to 40°C Max Charging Power: 100 W 

## 7 **Conclusion** UAS operations are a new and exciting technology with a wide range of applications. The ability to quickly and cost-effectively collect large amounts of data while providing a new view-point for many applications will make UAS’s a valuable to many industries. Cbec believes that use of a UAS will improve its ability to provide key species, clients, and the general public with a superior and safer end product. Although this technology has immense potential it also has inherent risks to public safety and private property. cbec fully intends to operate its UAS in a safe manner by adhering to the all of the afore mentioned protocols and procedures.**Section 333 Petition for Exemption** 

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## APPENDIX	A **– CBEC	PRE** **- FLIGHT	CHECKLIST**