# KELLER

305 North 3rtl Avenue, Suite A• Pocatello, ID 83201



## a s s o c i a t e s 208.238.2146 phone • 208.238.2162 fax • www.kellerassociates.com January 7, 2016

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations form 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 47.3 (b) (2); 14 CFR 47.31 (c); 14 CFR 61.113 (a) &(b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) &(b); 14 CFR 91.215 (a) &(b); 14 CFR 91.131 (d); 14 CFR 91.205 (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) &(b)

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and ReformAct of 2012 ("FMRA"), Ke1lerAssociates, Inc. (Ke1lerAssociates) hereby requests a determinatic,n by the Secretary of Transportation authorizing conduct of commercial operations of its UAS for the purposes of aerial photography, construction site inspectiori and infrastructure inspection. Pending a grant of exemption, Keller Associates will be using sUAS Phantom 3 Advanced model manufactured by DJI which weighs less than 51bs and has a top speed of less than 32 knots. Operations will be conducted within and under the safeguards outlined herein and as maybe established bythe FAA under FMRA Section 333(c).

Keller Associates also petitions for exemptions as necessary to effect the determination requested pursuant to FMRA Section 333. The documentation provided includes detailed exemption requests that demonstrate how these exemptions are in the public interest and will maintain at least an equal level of safety to existing regulations. Authorizing Keller Associates to conduct commercial UAS operations would enhance community education and awareness of UAS. Further, operation of UAS vehicles in these commercial operations are less disruptive, safer, and more cost effective than manned aviation equivalents due to the low altitude environment, given the size, speed and inherent risk of traditional commercial helicopter operations. Keller Associates will conduct the commercial UAS operations in a manner that will meet, and in many cases exceed, the current level of safety of commercial helicopter operations. Keller Associates will employ UAS that are under 55 lbs., have a low noise signature, and carry no volatile fuel, which will limit collateral damage in the event of catastrophic failure. The low expense of operation compared to cost prohibitive manned aviation alternatives allows a greater economic benefit to the municipalities and small water systen

- ls that are our primary client base. For these reasons, granting an exemption under FMRA Sec.tion 3 3 3 (c) is in the public interest. UAS technology used for these commercial purposes benefit the public interest in the following ways:

• Reduces the collateral damage risks to iife and property associated with low altitude helicopter operations.

• Increased public awareness regardin;; safe and responsible utilization of t1AS.

• Increased economic wellbeing to local businesses via cost reductions.

• Enabling aerial business solutions to be available to a larger market.

• More efficient and frequent inspection of infrastructure due to reduced cost.

Engineering Solutions, Satisfied Clients
Clarkston • Idaho Falls • Meridian • Pocatello • Rock Springs • SalemKeller Associates proposes to fly the DJI Phantom 3 Advanced; a proven aircraft now operating in the

United States under certificates of authorization (COA) issued by the FAA. The aircraft are batterypowered weighing less than 5 pounds and will be flown at a maximum altitude of 400 feet by Keller Associates, during daylight, within the visual line of sight of the pilot, and subject to strict operating safeguards.

Operations will be subject to applicable Federal Aviation Regulations, Keller Associates' operating and safety protocols, and additional safety and risk management standards and protocols dictated by each specific client for which KellerAssociates conducts services. These safeguards include failsafe and lost-link mechanisms to preview "fly-aways" and specific, validated procedures for system and equipment failures. Keller Associates will only fly in predetermined and preapproved airspace; and will obtain airspace waivers and otherwise coordinate with the FAA as necessary to ensure safe operations.

We trust we have provided all of the necessary background and information needed to approve this request consistent with FMRA Section 333. If you have any questions or need additional information, please contact Zoe Liptak at zliptak@kellerassociates.com or 208-238-2146. We look forward to being a constructive contributor to the growing integration of UAS technology.

Sincerely,

James P.ullen P.E.

~ rVice Pre ent

Attachment: Exemption Request Application14 C.F.R. § 45.23: Aircraft Marking and Identification Requirements This regulation provides when marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport, "experimental," or "provisional," as applicable.

Equivalent Level of Safety Our UAS will ensure compliance with § 45.29(f) to meet the intent of the regulation by displaying the registration number in the largest practicable lettering on the body of the sUAS. If the sUAS body design does not offer a reasonable place to display the registration number, it will be displayed in the battery compartment. Additionally, the FAA has issued the following exemptions to this regulation as Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 47.3(b)(2) and 47.31(c): Carriage of Registration These regulations require that an applicant for aircraft registration carry "in the aircraft" the second copy of the registration application as temporary authority to operate without registration.

Equivalent Level of Safety Given the size and configuration of our UAS, there is no room to carry the document aboard the aircraft. Maintaining this document at the pilot's control station would meet the intent of the rule and establish an equivalent of safety.

14 C.F.R. § 61.113(a) &(b) and 61.133(a)(1)(ii): Private and Commercial Pilot Privilege and Limitations

14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraff that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment.

14 C.F.R. § 61.133: (a) Privileges -(1) General. A person who holds a commercial pilot certificate may act as pilot in command of an aircraft -(ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation.

Equivalent Level of Safety Currently, there are no applicable areas identified for UAS in either the private or the commercial sector and therefore an exemption is required to conduct commercial operations. Our operations will achieve an equivalent level of safety for each individual flight especially when compared to commercial flights identified in Part 61 when originally developed. Our operation will be conducted with pilots who hold, at a minimum, a private certificate of any category or class and a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government.

14 C.F.R. § 91.7: Civil Aircraft Airworthiness This regulation requires that no person may operate a civil aircraft unless it is in an airworthy condition.

Equivalent Level of Safety Currently there is no airworthiness certificate for UAS. Daily pre- and post-flight inspections will be accomplished in accordance with manufactures maintenance manual(s) and guidance. During flight, the PIC will adhere to § 91.7(b) and abort air operations immediately upon identification of an in-flight emergency or other unsafe condition. By complying with procedures outlined by the manufacturer, an equivalent level of safety will be achieved.

Keller Associates, Inc. Exemption Application 305 N. 3ra Avenue, Suite A Pocatello, Idaho 8320114 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual, lVlarking, and Placard Requirements This regulation in 91.9 (b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Equivalent Level of Safety Given the size and configuration of the UAS, there is no room or capacity to carry a flight manual. By keeping all operating documents, manuals, authorizations and exemptions in a binder at the ground control station, we can meet the intent of the regulations and therefore achieve an equivalent level of safety.

14 C.F.R. § 91.109(a): Flight Instruction This regulation stipulates 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.

Equivalent Level of Safety The majority of UAS's by design are developed with single operational control through the use of pre-determined GPS enabled waypoints programmed before or during flight in addition to the use of a single hand held transmitter or control station controlled by the PIC. The design does not allow for dual controls during flight training and therefore the exemption is requested to train operators, build experience, and maintain proficiency. An equal level of safety will be achieved by conducting all training in a controlled environment. Training sessions will be accomplished separately from flights conducted for compensation or hire.

14 CFR §91.119: Minimum Safe Altitudes Section 91.119 established safe altitudes for operation of civil aircraft. Section 91.119 (d) allows that helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 feet Keller Associates, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate higher than 400 AGL.

Equivalent level of Safety The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner. Because of the advance notice to the property owner and other participants in the activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 400 feet AGL. In addition, the low-altitude operations of the sUAS will ensure separation between the sUAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. § 91.121: Altimeter Settings This regulation requires each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, by reference to an altimeter that is set when operating.

Equivalent Level of Safety The UAS may not have barometric altimeter, however the UASs that will be operated by Keller Associates are equipped with Global Positioning System (GPS), which provide altitude and geo-location data to the operator without utilizing an altimeter. Due to this fact, an exemption may be needed. GPS are precise within a few feet and combined with fail-safes and a visual observer, the operation will meet an equivalent level of safety.

Keller Associates, Inc. Exemption Application 305 N. 3rd Avenue, Suite A Pocatello, Idaho 8320114 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions This regulation provides that no person may begin a flight in an airplane under day VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 30 minutes.

Equivalent Level of Safety This regulation is written based on the capabilities of a traditional aircraft, which have flight times of several hours or greater; therefore, with the majority of UAS which have flight times of only an hour or less, this regulation would effectively deny the ability of the air vehicle to operate. The UAS will emit an audible or visual low battery alert at no less than 20% at which time the UAS will automatically engage the landing sequence. Based upon that safeguard and the small operational area in VLOS, the operation will meet an equivalent level of safety. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. § 91.203(a) &(b): Civil Aircraft - Certifications Required This regulation provides as follows: No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Equivalent Level of Safety At a maximum full payload weight of 12 pounds, the UAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, AGL proposes the 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.

14 CFR §91.215 (a) and (b); 14 CFR §91.131 (d); ATC transponder and altitude reporting equipment and use The pertinent section of 91.215 (a) &(b) requires the "(a) All airspace: U.S.---registered civil aircraft. For operations not conducted under part 121 or 135 of this chapter, ATC transponder equipment installed. .. All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder". . .

This requirement applies

All aircraft. In Class A, Class B, and Class C airspace areas;

All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL;

Likewise, the pertinent section of 91.131 (d); Operating Rule in Class B Airspace

other equipment requirements.

"No person may operate an aircraft in a Class B airspace area unless the aircraft is equipped with

The applicable operating transponder and automatic altitude reporting equipment specified in §91.215 (a) . . . and

After January 1, 2020, the applicable Automatic Dependent Surveillance-Broadcast Out equipment specified in §91.225."

Keller Associates, Inc. Exemption Application 305 N. 3rd Avenue, Suite A Pocatello, Idaho 83201Equivalent Level of Safety

Because of the small size and limited lifting capacity of the sUAS, the sUAS cannot be fitted with and operate a transponder and automatic altitude reporting equipment specified in paragraph of 91.215 (a) and (b) and 91.131 (d). An exemption from these requirements is requested. The equivalent level of safety can be assured using the procedures defined for each class of airspace.

Within the surface areas of Class "B", Class "C", Class "D" airspace Within the lateral boundaries of the airspace, the Pilot/"Operator" " will establish 2 way communications with the ATC facility having jurisdiction for that area. The Pilot/"Operator" will provide the location (heading and distance) relative to the center of the airspace and request clearance to "Maneuver" above that location at or below 400 feet AGL. The Pilot/"Operator" will be responsible for "see and avoid" traffic conflicts. The Pilot/"0perator" will at all times yield right of way to ANY and ALL manned flight operations. All operations within 5 miles of the primary airport will be pre-arranged with that controlling facility. Any and all restrictions placed on the operations will be complied with so that all manned operations can be conducted without negatively impacting flight safety.

14 C.F.R. § 91.205(b): Required Instruments This regulation provides for a minimum set of operational instruments for all powered aircraft operating VFR.

Equivalent Level of Safety The Command and Control station for the UAS fulfills the operational equivalent level of safety.

14 CFR §91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections 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) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the Pilot/"Operator" pursuant to the flight manual and operating handbook.

Equivalent Level of Safety It is our intention that the PIC performs maintenance and inspection of the aircraft and be authorized to approve the aircraft for return to service. The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Keller Associates, Inc. Exemption Application 305 N. 3rd Avenue, Suite A Pocatello, Idaho 83201Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 CFR Part 21, subpart H; 14 CFR 45.23(b); 14 CFR 47.3 (b) (2); 14 CFR 47.31 (c); 14 CFR 61.113 (a) &(b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) &(b); 14 CFR 91.205 (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) &(b) to commercially operate a small unmanned vehicle (55 lbs. or less) equipped to conduct aerial photography, construction site inspection and infrastructure inspection.

Approval of exemptions allowing commercial operations of sUAs to conduct aerial photography, construction site inspection and infrastructure inspection will enhance safety by reducing risk. Conventional photography operations, using jet or piston powered aircraft, operating at extremely low altitudes, often very close to the subject being filmed and in close proximity to people and structures present the risks associated with vehicles that exceed 3,000 lbs., carrying large amounts of jet A or other fuel. In contrast, a sUAS weighing fewer than 551bs. and powered by batteries eliminates virtually all the risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the location. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small sUASs, weighing less than 551bs., conducted in the conditions outlined above, will provide an equivalent level of safety supporting the granting of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, under 400 feet AGL and within a limited area and, as a result, are far safer than conventional flight operations conducted with turbine helicopters operating in close proximity to the ground and people.

Keller Associates, Inc. Exemption Application 305 N. 3rd Avenue, Suite A Pocatello, Idaho 83201Privacy

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