MBI – EXEMPTION RULEMAKING Page 1 of 3

   

March 19, 2015

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12‐140

1200 New Jersey Avenue, SE.,   

Washington, DC 20590   

Submitted Electronically via the Federal Docket Management System (FDMS)  

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14

C.F.R. Part 11, Michael Baker International (MBI) seeks an exemption from Federal Aviation Regulations

(“FARs”) detailed below for the following described Unmanned Aerial System called in this application

the MBI System, which includes an Unmanned Aircraft (UA) and ground station‐based equipment and

crew:

This application incorporates by reference those confidential manuals and materials filed by

PrecisionHawk, Inc. (“PrecisionHawk”) in connection with its petition for an exemption under Section 333

of the FAA Modernization and Reform Act of 2012 (“FMRA”) to allow commercial operations of

unmanned aircraft for precision aerial survey.  PrecisionHawk requested confidential treatment of those

materials under the trade secrets and proprietary business information exemption of the Freedom of

Information Act (“FOIA”).  (See 5 U.S.C. § 552(b)(4).)

THE UNMANNED AIRCRAFT (UA):

 A Precision Hawk Lancaster III lightweight (3lb. gross weight), battery operated fixed wing

aircraft that is hand launched.  

 An on‐board flight computer with GPS navigation and location ability that receives signals for

flight controls from a ground‐based transmitter/controller;

 An on‐board camera capable of capturing imagery in the form of full color, high definition still

photos and video

 An on‐board telemetry system that delivers flight data from the on‐board flight computer to the

on‐board radio transmitter including altitude AGL, horizontal and vertical speed, compass

direction of flight and direction back to its launch site

THE GROUND STATION‐BASED PART OF THE SYSTEM:

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and

who controls the UA while in the air

 A radio transmitter/controller operated by the PIC to control the UA while in flight  

 Ground Station which receives real time system telemetry from the UA

 A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UA

while in flight.
MBI – EXEMPTION RULEMAKING Page 2 of 3

   

The requested exemption will support an application for a commercial Certificate of Authorization to

use the above described MBI System to support aerial photography for aerial mapping

(photogrammetry) and video documentation for the public good. Typical applications would include:

new and existing construction, transportation and utilities, land development, environmental mitigation

projects and so forth.   

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on

combustible fuel; it operates at lower altitudes (under 500’) with no people on board thereby reducing

current risk levels and enhancing public safety. With a small payload and maximum flight time of

approximately 45 minutes, this offers little or no risk to national security.  

Low level photography is far more effective than ground based imagery for displaying the characteristics

of large, complex properties with ongoing construction, or transportation and/or utility corridors. The

applicants as a routine part of their business have contracted both Helicopter and Fixed wing aircraft for

this type of work. However, especially in the case of small projects or projects, manned aircraft prove

too costly or unable to acquire data at low enough speeds or altitude to meet these requirements.  The

benefits of reduced cost and improved quality from the UA will be valuable to and benefit many users of

this aerial data.

Additionally, MBI has been a contractor to FEMA for 35 consecutive years where we are often called in

to support first responders, including fire fighters, the police, the sheriff, et al., MBI believes the use of

UA can contribute to this effort safely while remaining subject to all limitations cited in this application.  

The MBI System will be operated in the field with both a PIC and a VO in accordance with FAA Policy N

8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions:

(a) No flight will be made with a UA Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 500' AGL, at an airspeed of no

more than 25 knots and no further than 3/4 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate

verbally at all times during a flight operation;

(d) In the event o f operations over private property, every effort will be made to notify and gain

permission of the property owner;

(e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a

minimum 10 hours of total time as a UA pilot and at least 5 hours logged as a UA pilot with a

similar UA type;

(f) All required permits will be obtained from state and local government prior to operation;  

(g) The MBI System will not be operated over densely populated areas without prior approval;  

(h) The MBI System will not be operated at air shows;

(i) The MBI System will not be operated over any open‐air assembly of people, without prior

approval;  

(j) The MBI System will not be operated over heavily trafficked roads without prior approval;  

(k) The MBI System will not be operated within 5 NM of an airport or heliport without prior approval;  

(l) The MBI System will be restricted to day operations and weather conditions equivalent to VFR;

(m) The PIC will brief the VO and property owner about and any potential risk before operation;   

(n) No flight may be made without a successful Pre‐Flight Inspection by the PIC before each operation

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MBI ‐ ADDENDUM ‐ EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Page 1 of 4

ADDENDUM

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Michael Baker International, LLC, requests an exemption from the following regulations as well as

any additional regulations that may technically apply to the operation of the MBI System:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, 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 UA to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the

requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA. The Federal

Aviation Act (49 U.S.C.44701 (f)) and Section 333 of the FMRA both authorize the FAA to exempt

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight,

speed, operational capability, and proximity to airports and populated areas of the particular UA. In all

cases, an analysis of these criteria demonstrates that the UA operated without an airworthiness

certificate, in the restricted environment and under the conditions proposed will be at least as safe, or

safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate

without the restrictions and conditions proposed. The UA to be operated hereunder is less than 55 lbs.

fully loaded, is by definition unmanned and carries neither a pilot nor passenger, carries no explosive

materials or flammable liquid fuels, and operates exclusively within a limited flight area. Unlike other

civil aircraft, operations under this exemption will be tightly controlled and monitored by the Operator

and will also remain within the requirements of, and in compliance with, local public safety

requirements. These safety enhancements, which already apply to civil aircraft provide a greater

degree of safety to the public and property owners than conventional operations conducted with

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same

criteria demonstrates that there is no credible threat to national security posed by the UA due to its

size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels,

and inability to carry a substantial external load.

14 C.F.R.  45.23 (b). Marking of the Aircraft

The regulation requires; 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. Even though

the UA will have no airworthiness certificate, an exemption may be needed as the UA will have no

entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given

the size of the UA, two‐inch lettering will be impossible. The word "Experimental" will be placed on the

fuselage in compliance with 45.29 (f). The equivalent level of safety will be provided by having the UA

marked on its fuselage as required by 45.29 (f) where the pilot, observer and others working with the

UA will see the identification of the UA as "Experimental."  

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167

and 10167 A.
MBI ‐ ADDENDUM ‐ EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Page 2 of 4

14 C.F.R. 91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the

requirements contained herein for the use of safety check lists prior to each flight, an equivalent level

of safety will be provided.

14 CFR 91.9 Civil aircraft flight 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.  We assume that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We request an exemption to this

requirement since the aircraft is not only too small to carry documentation; the documentation would

not be available to the crew during flight operations.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current,

approved UA Flight Operations/Procedures (Appendix A) must be available to the crew at the ground

station anytime the aircraft is in, or preparing for, flight.  

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738,

9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot

privileges and limitations.

The regulation provides that no person that holds a private pilot certificate may act as pilot in

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot

in command of an aircraft in connection with any business or employment if: (1) The flight is only

incidental to that business or employment; and (2) The aircraft does not carry passengers or property

for compensation or hire.

Our proposed operations require that the PIC must either

1. Hold a Private Pilot Certificate issued by the FAA, and have logged 10 hours of flight

experience in this type of UA, or

2.    Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate"

in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the

FAA Private Pilot written examination." Since there are currently no means available for the

pilot of a UA to gain the experience in an equivalent category and class in order to apply for a

private pilot's license, we propose to generate an equivalent level of safety by requiring our

pilots to complete, at a minimum, FAA private pilot ground instruction and pass the FAA

Private Pilot written examination in addition to completing the private pilot requirements.  

Since the aircraft cannot carry passengers or property, we feel that we meet the intent of

61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests  

The regulation states that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."
MBI ‐ ADDENDUM ‐ EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Page 3 of 4

The MBI System ground‐based control station consists of a small hand‐held radio transmitter and while

it does not offer a second set of "controls", both the student and instructor can, and will, operate the

single set of controls simultaneously.  With both student and instructor having "hands‐on" the controls

during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of

safety.

14 CFR 91.119 Minimum 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 the aircraft will be operating at a

maximum of 500 feet AGL, we cannot comply with this requirement.

In order to provide an equivalent level of safety The UA will not be operated over congested areas or

over any open air assembly of persons with prior approval. Any property owner affected will be

briefed on the expected route of flight and the associated risks to persons and property on the

ground. 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 UA, 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 regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter

setting available within 100 NM of the aircraft.

The UA will always fly below 500 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 UA on‐board computer to the display screen held by the PIC,

providing a constantly updated AGL readout.

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 intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing.

The UA is battery operated and the maximum duration of flight from a single battery charge is 45

minutes with a 20% reserve. Since the aircraft will never fly more than 3/4NM from the point of

intended landing, a full battery charge at launch will ensure that we meet the reserve energy

requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent

interpretation with the word "energy".

14 CFR Subpart E (91.401 ‐ 91.417) ‐ Maintenance, Preventive Maintenance, Alterations  

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.
MBI ‐ ADDENDUM ‐ EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Page 4 of 4

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized

to approve the aircraft for return to service."  As provided in the Pre‐Flight Checklist in Appendix A, 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 that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent

level of safety.

8900.227 Paragraph 16(c)(4) PIC Medical.  and Paragraph 16(e)(1) Observer Medical.  

This policy provides that both the PIC and VO must have a valid FAA second‐class medical certificate

issued under part 67 in order to perform as a pilot or observer.

The UA maximum gross weight is 3lbs., it is constructed of foam, plastic and carbon fiber. The PIC is not

on board. Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both the

PIC and VO become medically incapacitated while the aircraft is in flight, the UA will return

autonomously to the site of launching and land without crew intervention. Therefore, requiring the PIC

and VO to meet the same medical requirements as commercial pilot carrying passengers in a large

aircraft is an unnecessary burden.

We propose that the minimum medical requirements for the PIC and VO be vision corrected to

20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC

and VO n see and avoid air traffic; a licensed driver is medically qualified to operate a much larger

vehicle.  
MBI ‐ APPENDIX A ‐ FLIGHT OPERATIONS/PROCEDURES Page 1 of 2

APPENDIX A – FLIGHT OPERATIONS/PROCEDURES

FLIGHT RESTRICTIONS

(a) No flight will be made with a UA Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 500' AGL, at an airspeed of no

more than 25 knots and no further than 3/4 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate

verbally at all times during a flight operation;

(d) In the event o f operations over private property, every effort will be made to notify and gain

permission of the property owner;

(e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a

minimum 10 hours of total time as a UA pilot and at least 5 hours logged as a UA pilot with a

similar UA type;

(f) All required permits will be obtained from state and local government prior to operation;  

(g) The MBI System will not be operated over densely populated areas without prior approval;  

(h) The MBI System will not be operated at air shows;

(i) The MBI System will not be operated over any open‐air assembly of people, without prior

approval;  

(j) The MBI System will not be operated over heavily trafficked roads without prior approval;  

(k) The MBI System will not be operated within 5 NM of an airport or heliport without prior approval;  

(l) The MBI System will be restricted to day operations and weather conditions  equivalent to VFR;

(m) The PIC will brief the VO and property owner about and any potential risk before operation;    

(n) No flight may be made without a successful Pre‐Flight Inspection by the PIC before each operation

to ascertain that the UA is in a condition safe for flight;

PRE‐FLIGHT CHECKLIST

1. Ensure aircraft has been assembled successfully following the operator manual

2. Payload of choice has been mounted in the payload bay

3. Aircraft is powered up and placed where it should land

4. When ready, select the flight plan via the LCD screen located on the aircraft, just behind the

wings

5. Press the ‘OK to launch’ button on the aircraft. The plane will automatically start its

diagnostics check.

6. Refer to the corresponding indicator lights and LCD screen to determine current status.

Once the aircraft has gone through most of the startup sequence, you’ll have to blow into

the Pitot tube to confirm proper connection. The aircraft is now ready to fly.

MISSION PLANNING CHECKLIST

1. Set the aircraft aside and focus attention on the computer.

2. Review the survey area, (step 23 in the operator manual), by downloading the flight plan out

of the aircraft.

3. Open up the Mission Planner application and navigate to the Flight Plan tab.

4. Next, review or update what mission has been planned: click Read WPs, to extract the

waypoints that the plane wants to fly.

5. Confirm the area is properly selected. If any changes need to be made to the flight or the
MBI ‐ APPENDIX A ‐ FLIGHT OPERATIONS/PROCEDURES Page 2 of 2

landing position, do so within this step.

6. (Step 24 in the operator manual) The operator needs to allow for a safe buffer room for

landing. This can be done by walking the aircraft to an area or corridor that is free of

obstructions. Ideally, the aircraft needs a clear approach path of greater than 250 meters,

with obstacles not interfering with the glide slope from a 40 meter approach altitude.

7. To edit the survey boundary, prior to flight, drag the survey points to highlight the area of

interest.

8. Upload the new configuration by clicking Write WPs (step 24 in the operator manual).

LAUNCH CHECKLIST

1. Remove the lens cap from the sensor and press the ‘OK to launch’ button. The aircraft will give

you approximately five seconds before it starts the motor. Once the motor goes to full speed,

you are ready to launch the aircraft by throwing it into the air.

a. After pressing OK launch button starting the motor you can abort the sequence and

stop the motor at any time. Simply press any arrow keys and the motor will

immediately stop and disarm.

2. The aircraft doesn’t have to be thrown upward. The easiest thing will be to throw it straight and

it will climb the altitude by itself. It is always better to throw the aircraft into the wind.

3. Once the aircraft is launched, it will climb up to 40 m to takeoff loiter position (way point 2).

Here it will make series of circles to determine the weather conditions. Taking into account

environmental conditions, survey parameters and bounds of the field, it will automatically

adjust the flight plan and landing loiter point as needed, landing into the wind. At this point the

PIC should go back to the flight plan and extract the updated mission. Verify the new landing

approach path. Make sure that 250 m path, from the second to last Way point (WP) to the

landing point (last WP), is free of obstructions. Here the aircraft will decrease altitude from 40

m to 1 m. If path has any obstructions like trees, adjust the second from the last WP to have a

free landing path.

4. While aircraft is flying the PIC will monitor the display to keep track of important metrics like

altitude, air and ground speed, battery voltage and remaining duration of flight.

5. If needed the PIC can make high level commands to aircraft while in flight. High level

commands may be: loiter now, skip WPs or return to previous WP, come home (and loiter over

home) and land now.

6. Remote controller can be used by the PIC manually control the flight and landing if required.
MBI – APPENDIX B ‐ OWNERS MANUAL

APPENDIX B – OPERATORS MANUAL (PRECISION HAWK LANCESTER III)

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