# m Engineering Surveying Testing & Operations
U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 August 12, 2015**~**c

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Re: Exemption Request under Section 333- Small UAS j(.·. 123 West Front Street Traverse City, Michigan 49684 231 946 5874 13 231 946 3703 C!B

Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA "shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe (comprehensive) plan and rulemaking required by section 332(b)(1) ofthis Act or the guidance required by section 334 ofthis Act." In Section 332(b)(1), The Petitioner "GFA, Inc. (Gourdie-Fraser, Inc.)", hereafter referred to as GFA, proposes the following exemptions and meets all requirements to permit FAA approval ofcommercial UAS operations. The proposed exemption, ifgranted, would allow Petitionerto conduct commercial operations ofsmall unmanned aircraft systems ("UAS") meeting or exceeding all ofthe operational and safety requirements Congress has set forth in Section 333. Petitioner is a professional engineering/surveying consulting firm that plans to use the unique capabilities of Unmanned Aerial Systems to more safely and efficientlyoffer a multitude of services, including:

• Aerial surveying

• Real estate evaluations

• Construction site inspections and monitoring

• Infrastructure/utility monitoring and inspection

• Educational and research operations

• Project-related aerial photography/videography

(a) The name and contact information ofthe applicant are: GFA, Inc. (Gourdie-Fraser, Inc.) 123 West Front Street Traverse City, Michigan 49684 Point of Contact: Phil Case, P.S. Email: phil®gfa.tc (231) 946.5874 DUNS: 006566640; sam.gov CAGE Code: 48891• Engineering Surveying Testing & Operations 123 West Front Street Traverse City, Michigan 49684 231 946 5874

### a 231 946 3703 mJ (b) The specific section orsections of 14 CFR from which exemption is sought: i. 14 CFR 21 ii. 14 CFR 36 iii. 14 CFR 45.29 iv. 14 CFR 61.23 v. 14 CFR 61.113 vi. 14 CFR 91.9 vii. 14 CFR 91.103 viii. 14 CFR 91.119 ix. 14CFR91.151 x. 14 CFR 91.203 xi. 14 CFR 91.405, 91.407, 91.409, 91.417
(c) The extent of reliefsought is forthe duration ofthe Grant of Exemption, unless otherwise specified. The reason to seek the relief is as follows: I. 14 CFR 21

a. The petitioner requests relieffrom 14 CFR part21. The UAV is a small rotorcraft weighing less than 10 pounds during operation. The UAV maximum speed is 33 mph (28 knots) and the operating area will be limited to remote or impassable locations where vehicular traffic is non-existent or controlled. The PIC will maintain VFR Rules flying at no more than 400 feet and will operate the UAV during the day in line-of-sight so as not to create a hazard to users ofthe National Airspace System or the Public or pose a threat to national security. II. 14 CFR 36

a. The Petitioner requests relief from any associated noise certification and testing requirements of part 36. As a note, according to the manufacturer's specifications, the UAV operates below40db within 50 meters. Ill. 14 CFR 45.29

a. The Petitioner request relief from the size requirements under this section due to the size limitations ofthe UAV. We propose to use marks as large as possible on the UAV as well as keep registration information with the PIC during operation and a digital copy ofall registration information stored on the UAV. IV. 14 CFR 61.23

a. The Petitioner requests relief from this section because the PIC and theYO will be operating the UAV wfth no passengers and no payload on board and therefore should not be held to the same medical standard as a commercial pilot.Engineering Surveying Testing & Operations 123 West Front Street Traverse City, Michigan49684 231 946 5874 Ill 231 946 3703 GD



### V. 14CFR61.113

a. The Petitionercurrently does not have commercial pilot licenses and requests relieffrom 14 CFR part 61.113. The flight is only incidental tothe proposed business oremployment and the aircraft does not carry passengers orpropertyfor compensation or hire. VI. 14CFR91.9

a. Relevant materials shall be kept in a location accessible tothe PIC in compliance with the regulations. Adigital copy ofall necessary materials shall be stored on board the UAV. VII. 14 CFR 91.103

a. In regards to 91.103(b), the UAV will not be operated within any Class B, C, or Dairspace; but, the PIC will follow all otherapplicable pre-flight actions including reviewing weather, flight battery requirements, landings, and takeoffdistances and aircraft performance data before initiation offlight. VIII. 14CFR91.119(c)

a. The Petitionerrequests relieffrom this section because PIC will ensure the UAV is operated in controlled environments outsideofpopulated areas awayfrom public and traffic; avoiding ofareaswhich are depicted in "yellow" on VFR charts, as well as obtaining and assessing information regarding congested areas from the local Flight Standards District Office (FSDO) and avoiding areas ofcongestion. The UAV will not beoperated within 500 feet ofvehicles orobjectsin open areas. The Petitioner requests thatif barriers orstructures are presentthat can sufficiently protect nonparticipating persons from the UAV or debris in the eventofan accident, the PIC may operate closerthan 500 feet to persons afforded such protection. The operatorwill ensure that nonparticipating persons remain under such protection. IX. 14CFR91.151

a. The Petitionerrequests exemption from this section due tothe maximum flight time available from this UAV. The UAV total flight timeis limited to 25 minutes and thereforethe PIC would not be able to meetthe minimum standards and still conductthe inspections. The UAS is equipped with a visual batteryindicatorthat displays the battery levels at all time. b. Additionally, the UAS has a visual alarm that indicates when the battery reaches a state of20% battery life, or approximately7 minutes offlight time. These indicators, coupled with pilot awareness and theemergency return-to- station setting will supply ample time to land the UAV safelyin the event of low battery.Engineering Surveying Testing & Ope5etions 

### 14 CFR 91.203 123 West Front Street Traverse City, Michigan 49684 23L946 58748 231 946 3703 (I



### a. The Petitioner requests relieffrom 14 CFR 91.203 as the appropriate airworthiness certificate does not exist for this UAS. Additionally, the certificatecannot bedisplayed in the aircraft due tothe size and physical structure ofthe UAV. XI. 14 CFR 91.405,407, 409, 417

a. The Petitioner requests relieffrom 14 CFR 91.405, 407, 409, and 417The above-cited regulations require, in general, aircraft owners and operators to inspectthe aircraft "

...as prescribed in subpart Eofthis part and shall between required inspections, exceptas provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter."These regulations apply to aircraftwith an Airworthiness Certificate. Therefore, these sections are not applicable to this UAS. Operators will adhere to requirements located within theoperations manual. (d) The reasons why grantingthis requestwould bein the public interest; thatis, how itwould benefitthe public as a whole:

a. Personnel Safety i. 

### GFA, Inc. provides survey services to many majorutility companies and is the as-needed surveyorthe US Army Corps ofEngineers Detroit District. Construction sites, dam sites and utility inspection sites are areas ofhigh riskfor datacollection and travel. With the help ofUAS more complete siteinspections can be performed while minimizing the risk tothe life and safetyofemployees. b. Access to remote or unreachable areas i. 

### Segments ofgeographical features (sensitive dunes, bluffs, wetlands), construction sites, dams, farms, pipelines, towers, power lines, and bridges may currently be or become unreachable, partially obscured, or impracticable for inspection by conventional means, such as physically walking the line, or utilizing airplane or helicoptersfor inspections. Access to assets can also be partially orcompletely blocked by environmental singularities, such as vegetation growth, or blocked by mechanical means such as vehicle accidents, new construction, or road maintenance. The use ofour UAV will ensure access to remote or impassable areas on an as-needed basis as well as during or after uncontrolled singular events.

c. Cost Effectiveness i. 

### Currently, multiple personnel consisting ofagency officials, employees and/orcontractors areoften required toconductfield inspections on large projects overvast amounts ofterrain in orderto ensure public safety and meet regulatory requirements. Inspections can require aEngineering Surveying Testing & Operations 123 West Front Street Traverse City, Michigan 49684 231 946 5874 llll 231 946 3703 • 

### substantial amount of person-hours over days orweeks at a time due to terrain and accessibilityissues. Factoring in engineering, planning Et 

### scheduling, safetymeetings, mileage, recovered man-hours, potential down time due to injury, potentialworker's compensation savings, and theintangible consideration ofkeeping employees injury-free, the current system ofinspecting these assets becomes cost-prohibitive. UAV inspections in select areas are more time efficient, safer and more practicalthan the conventional methods for conducting these inspections

- particularlyin the event ofa natural disaster such as storms orfloods. Our UAV inspections will free up otherwise occupied employees, and provide a more economic approach to the traditional inspection, thus lowering operational costs. Lower overhead for corporations could lead to end-user savings such as decreased utility bills. ii. In addition, it creates a visual record ofthe construction process that may be referred to later should further construction orchanges be required in the flown area. (e) The reasons why grantingthe exemption would not adversely affect safety, orhow the exemption would provide a level ofsafetyat leastequalto that provided by the rulefrom which the exemption is sought:

a. The petitioner statesthatthe unmanned aircraft (UA) to be operated under this requestis less than 25 lbs. fully loaded, flies at a speed ofno more than 33 mph (28 knots), carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a secured area as setoutin the POH. The craftthe Phantom 2Vision Plus Quad-rotor manufactured by DJI. The Phantom 2 Vision Plus Quad-rotor system includes a GPS system, full autonomous autopilot capabilities, telemetry and manual ground control. In addition, the DJI Phantom 2Vision Plus aircraft has integrated safety features builtinto the design ofthe UAS, as described in the POH, to ensure the safetyof persons and propertywithin and surrounding the limited operating area. In the eventof a communication loss in manual control, the UAS switches to GPS control and return to its takeoffcoordinates to perform a "FailSafe Landing" within the Security Perimeter. It will also have the capabilityto abort a flight in the eventofunpredicted obstacles or emergencies. Petitioner's UAS's will be identified by serial numbers, registered in accordance with 14 C.F.R. Part47, and have identification (N-Numbers) markings in accordance with 14 C.F.R. Part45, Subpart C. Markings will be as large as practicable. b. The aircraftwill be operated with both a PIC and a ground-based Visual Observer (YO) in accordance with FAA Policy N8900.227 Section 14,Engineering Surveying Testing & Operations 123 West Front Street Traverse City, Michigan49684 231 946 5874 Gl 231 946 3703 • Operational Requirements for UAS. Operations will be conducted in remote or inaccessible regions with the permission ofthe land owner; and all required permitswill be obtained from state and local government before operation. The UAV will not be operated within 500 feet ofvehicles or objects in open areas, unless barriers or structures are present that can sufficiently protect nonparticipating persons from the UAV or debris in the event of an accident. The PIC will file a Notice to Airmen (NOTAM) providing location and a date/time for each operation and a VFR Flight Following, if necessary.

c. The aircraft will not be operated over urban or populated areas; at air shows or over an open-air assembly of people; over heavily trafficked roads; orwithin five nautical miles of an airport or heliport. If planned operations occur within five miles of Commercial Services Airport as defined by the FAA, the operator must obtain an AirTraffic Organization (ATO) issued Certificate ofWaiver or Authorization (COA) priorto conducting any operations. This COA will also require the operator to request a Notice to Airman (NOT AM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. Flight operations will be limited to day, visual meteorological conditions and the aircraftwill remain within visual line ofsight ofthe PIC at all times.

d. This exemption 

### will provide a greater level ofsafety so that provided by the rule from which the exemption is sought due to the current nature of conducting inspections in remote regions. Because UAS flights are not currently authorized for commercial use, methods for inspecting remote assets are limited to pedestrian or helicopter operations. Where helicopter operations are notfeasible due to environmental or mechanical obstructions, and or Structural elements, utilizing the UAV will provide a safe alternative to the inherent dangers ofwalking through these regions to conduct the required inspections. The small size, extreme maneuverability and zoom capabilities on the camera allow for a safe, unimpeded inspection ofcritical infrastructure assets.

(f) Summaryto publish in the Federal Register:

a. The rule from which exemption is sought i. GFA, Inc. seeks exemption under §333 ofthe FAA Modernization and Reform Act of 2012 (Public Law 112-95) from 14 CFR 21; 14 CFR 36, 45.23; 45.27, 45.29; 61.23; 61.113; 91.9(b) (2); 91.103(b); 119(c); 91.151 (a); 91.203(a)&(b); 91.405(a); 91.407(a) (1 ); 91.409(a) (2); 91.417(a)&(b)Engineering Surveying Testing & Operations 123 West Front Street Traverse City, Michigan 49684 231946 5874l!lll 231 946.3703 fl
b. A brief description ofthe nature ofthe exemption sought i. GFA, Inc. requests an exemption under Section 333 of the FAA Modernization and Reform Act of2012 for commercial flight of its UAS. GFA provides aerial survey and inspection focused on construction and technical applications. With approval ofthis petition, GFA will utilize our UAS to perform inspections, progress reports, surveying, mapping and other related services focused on the construction industry. Proposed operations will be performed in full compliance with aviation safety regulations. As per 14 CFR §11.81, this petition for exemption is prepared and filed in accordance with regulation to request exemptions from the Federal Aviation Regulations pertaining to operation ofa UAS so that operations can be commercially completed in accordance to all applicable FARs thatwould pertain to a small UAS. (g) Any additional information, views orarguments available to support request I. Argument GFA is requesting this exemption because we strongly believe in the continuous improvement ofsafety measures to protect our field personnel from the inherent dangers ofthe work environment, as we seek to improve and develop the investigation and data collection methods in the technical perspective ofthe construction processes. As mentioned above, we are proud towork on behalf of major utility providers and the US Army Corps of Engineers in evaluating and supporting critical infrastructure throughout the Great Lakes basin. The use of Unmanned Aircraft Systems affords us a great opportunityto continue delivering a high-qualitywork product in a safe and efficient manner. Through adopting and utilizing UAS technological advancements within these fields, we are unlocking the potential to create a saferworkplace, ensure regulatory requirements are exceeded, and build inspection data with which we can improve and protect the infrastructure ofcrucial industries. We lookforward to working with the FAA in meeting and exceeding these goals in the near future. · II. Additional Information Unmanned Aircraft System Name: Phantom 2Vision Plus Manufacturer: DJI Model: S1000+ Weight: Max 5lb Battery FlightTime: 25 min Video Transmitter: DJI Vision Camera: DJI F /2.8 140° FOV Registered N Number: N577YGEngineering Surveying Testing & Operations
Pre-flightInspection, Maintenance 123 West Front Street Traverse City, Michigan 49684 2319465874 EJ 231 946 3703 CIB

Before each flight the PIC will perform a series of pre-flight and takeoffchecks as defined by the POH supplied. After each 60 minutes of airtime, the craftwill undergo a thorough inspection of all aircraft components, including, but not limited to:

a. Actuators I Servos b. Motors, wiring and connectors c. Propellers, smooth, no chips d. Electronic speed controller, wiring and connectors e. batteries, wiring and connectors f. Remote command and control g. Ground control station UAS Operating Parameters The petitioner states that all flights will be operated within visual line ofsight (VLOS) of pilot, in daytimeVFR flight conditions and all operations will be conducted with the assistance ofa second spotter/observer. Altitude is accuratelymeasured by GPS. The petitionerfurther states that an operatorwill ensure that only consenting production personnel will be allowed within 100 feet ofthe UA operation, and UAS will be kept at least 1

00' from any inhabited structure. Generallythe petitioner's UAS will be operated in Construction Sites and unpopulated areas. Petitioner's UAS will remain clear and yield the right ofway to all manned operations and activities at all times (including, but not limited to, ultralightvehicles, parachute activities, parasailing activities, and hangliders). Petitionerwill not conduct UAS operationswithin 5 nautical miles ofthe geographic centerof a non-towered airport unless a letterof agreement with that airport's managementis obtained and the operation is conducted in accordance with a Notice to Airmen ("NOTAM").

Pilot in Command (PIC) The pilot in command will be Gourdie Fraser's Surveyorin Training, Jeff Fouch. Mr. Fouch has a Bachelor ofSurvey Engineering from Ferris State University with additional certificatesfrom Northwestern Michigan College focused on Piloting and Programming autopilot systems for Unmanned Aerial Vehicles (See exhibitA). The PIC intends to develop safe techniques and applications for obtaining usable information from construction sites, utility inspections, and aerial photographs. UAV operations will be conducted in a safe and professional mannerwith a heavy emphasis on public and personnel safety. Regarding Petitioner's requested relieffrom 14 C.F.R. § 91.103(b)(1), Petitionerwill comply with the other applicable procedures and requirements stated in § 91.103(a) and (b). Specifically, the PIC will take all actionsincluding reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoff distances before initiation of a flight. The PIC will also accountfor all relevant site-specific conditionsin their preflight

# m Engineering Surveying Testing & Operations 123 West Front Street Traverse City, Michigan49684 231 946 5874 Ill 231 946 3703 liD 

### procedures. Risks presented by sun glare will be mitigated by the PIC's and VO's ability to see other airtraffic and initiate a return-to-home sequenceifneeded.

Radio Frequencies Radio frequencies used will be those allotted by the FCC for datatransmission and vehicle control in unlicensed frequency bands. All devices used will comply with FCC usage and emissions regulations.

Safety and Benefits ofthe UAS The petitionerwill be using the UAS in a variety of applications that generally require expensive full-size manned aircrafttocomplete. Small, light, unmanned aerial vehicles offer many benefits overthe use offull-sized manned aircraftfor construction and surveying, electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography, justto name a few. GFA has close ties with state-wide utility companies and DepartmentofTransportation operations and adding the use of a UAV would allowfor safer working conditions and less timein hazardous working conditions.

The Petitionerhas supplied thefollowing additional information: Appendix DJI Phantom 2Vision Plus User Manual

Conclusion For the foregoing reasons, the exemptions requested herein are essential for the performance ofthis specific technical services and procedures and the Petitioner should be permitted to conduct small UAS operations in accordance with its manuals and all otheroperating parameters deemed necessary and appropriate by the FAA.Engineering Surveying Testing & Operations

Exhibit A
PIC (Jeff Fouch)'s Certifications 123 West Front Street Traverse City, Michigan49684 231 946.5874

## a 231 946 3703 Gil

from Northwestern Michigan College's Unmanned Aviation Program

# Certificate of Completion

Northwestern Michigan College UAS Program



## This certificateis awardedto 

# Jeffery Fouch
Inrecognitionofthe successfulcompletionof theAeryonScoutUAVBasicTrainingCourse

Tony Souerbrey UAS Progrom Monoger 

## NMC

# Certificate of Completion

Northwestern Michigan College UAS Program



## This certificateis awardedto 

# Jeffery Fouch
Inrecognition ofthe successfulcompletion of theDraganflyX6 MultirotorTrainingCourse 

# ---;;:-A_

Tony- Cuerbrey

# T UAS Program Manager

# -~

-----,--------------,-- --- ---- ---- --- ----- 

## NMC

# Certificate of Completion

Northwestern Michigan College UAS Program



## This certificateis awardedto 

# Jeff Fouch
Inrecognition ofthe successfulcompletionof theMicroPilotautopilottrainingcomse.

Tony 'Sauerbrey

# ~ UAS Program Manager 

## NMC

# Certificate of Completion

Northwestern Michigan College UAS Program



## This certificateis awardedto 

# Jeff Fouch
Inrecognition ofthe successfulcompletion of thePenguinBUAV TrainingCoursewiththe CloudCapPic autopilot system.

# ~ 

# .//,
a**~** Ton Sauerbrey UAS Program Manager 

## NMC