1 Submitted electronically

December 18 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

RE: Petition for Exemption from Certain Federal Air Regulations according to

Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

Headwall Photonics, Inc. is applying for an exemption from the Code of Federal Regulations detailed below

. The requ ested exemption would permit commercial operation of its Leica Geosystems Aibotix X6 Unmanned Aircraft System (UAS) for the purpose of aerial inspection and monitoring, aerial photogrammetry, and aerial filming using our Headwall Hyperspectral aerial senso r.

This submission also includes, as confidential documents, the following attachments:

1. Aibot X6 User Manual

2. Pre

- Flight Daily Checklist

3. Calibration Procedures

4. NAFTA X6 Checklist

BACKGROUND

With the advent of technological leaps in Geographic Information Systems (GIS), new

data

- driven p hotogrammetric methods and workflows, and the reduction of safety risks and cost using manned aircraft

, the demand for small UASs ( sUAS ) for commercial purposes has grown. Headwall, is a leader in hyper spectral sensor technology and recognizes that its customers wish to evaluate hyperspectral sensors in situ ; that is, performing the data

- collection function while aloft for brief periods of time atlow

altitude

. Allowing our sensor to be used on a UAS allows our customers a unique perspective with a unique sensor. The Hyper

- Spectral Sensor has the ability to provide operator the ability to “see” non

- visible spectral lines of the light spe ctrum. These non

-2 visible spectral lines can indicate plant health conditions like water consumption and desease presense. Such conditions can be detected and treated before they become a serious problem. This leads to better agricultrial health . Additio nal, hazardous materials can be detected through certain non

- visible spectral lines. Using a UAS with this sensor can provide public safety officials with the necessary information to treat a hazardous material situation without risk to a human inspector. In response t o commercial demand

for sUAS use , the FAA has previously gran ted to operators the privilege to fly in the

NAS . T he following approved 333 exemption petitions describe similar uses to those that

Headwall seeks :

• For aerial inspections: exemption no. 1 1 216

, Solusia Air, LLC ; exemption no.

11422

, Soar Environmental Consulting ; exemption no. 11241, Phoenix Air

• For geospatial mapping: exemption no. 11393

, Surveying and Mapping, LLC ; exemption no. 11397

, Colorado Cartographics

• For aerial imaging and filming : exemption no. 11150, AerialCine; exemption no. 11240, Aerial Flight

.

• For aeri al data collection, exemption no. 11343, Woolpert ; exemption no

. Draganfly Innovations, Inc.

• For forensic inspection: e xemption No. 11412 , Earth Forensic, Inc ; exemption no.

11465

, Rimkus Consulting Group, Inc.

In addition, the FAA has previously approved thirteen petitions whose peti ti oners use of
the Aibotix X6 for their sUAS operations including : exemption no. 11216, Solusia Air; exemption no. 11545, Clean Energy Renewables, and exemption no. 11356, Boyd Instrument and Supply Company.

In accordance with these previously granted exemptions, Headwall respectfully submits its petition to the FAA for the use of its Aibotix X6 UAS for commercial operations in

the NAS. I n its submissions

, Headwall will document an equivalent or greater level of safety than possible for similar missions using manned aircraft; the safety systems and procedures it will adhere to; the characteristics of the Aibotix X6 aircraft ( in particular its failsafe, lost

- link and emergency recovery capability ); and the public interest served by this proposed exemption to certain sections of the Code of Federal Regulations.3 DESCRIPTION OF PETITIONER

Headwall Photonics , Inc. develop s, manufactures and distributes multispectral and hyperspectral imaging sensors for use in a range of airborne and ground

- based application sets. These hyperspectral imaging sensors are used for remote sensing purposes, prim arily precision agriculture, crop health, and environmental monitoring.

The airborne

- deployed products include the Nano

- Hyperspec and Micro

- Hyperspec,
which are both between 1

- 2 kg in weight and fall within the acceptable payload

- lifting capabilities of th e Aibotix X6.

Located in central Massachusetts, Headwall’s headquarters and primary manufacturing facility is in Fitchburg, Massachusetts 01420. The Company was originally known as American Hollographic before being acquired by Agilent Technologies. In the early 2000s, this division of Agilent was acquired and re

- named Headwall Photonics, Inc. to better describe its role within the imaging and photonics space. The Company employs fewer than 50 people at this location. There is no other domestic facility

.

There currently exists a partnership between Headwall and Aibotix that was formed in 2014. Aibotix ( a brand name subsidiary of aerial equipment company Leica Geosystems, itself a portion of Hexagon AB ) was seeking hyperspectral image sensor payloads to offer its customer base. Leica Geosystems and Headwall forged a partnership in 2014 where the ‘Nano

- Hyperspec’ hyperspectral sensor would be offered by Leica as part of a system

- level offering. That system

- level offering extends to Headwall, so that both companies are able (under its agreement) to market and sell complete solutions: Headwall is thus able to bundle the X6 multirotor UAV into its solution while Leica Geosystems is able to do the same with Nano

- Hyperspec.

The nature of hyperspectral imaging is such that only daylight operation will occur since this technology depends on the existence of suitable sunlight . As such, no nighttime operations will occur. Similarly, operations will only occur below cloud cover, since the features on the ground bei ng captured by the sensor need to be visible through the lens , at low altitude

.4 NAME OF PETITIONER

David Bannon, CEO Headwall Photonics, Inc.

601 River Street Fitchburg, MA 01420

978

- 353

- 41005 DESCRIPTION OF UNMANNED AIRCRAFT SYSTEM

Headwall wishes to fly the Aibotix X6, an electric multirotor, as its survey aircraft.
Aibotix Gmbh in Germany has delivered more than 4 00 aircraft since 2011. The flight control system used with the aircraft is proprietary, non

- open source and designed

a nd manufactured by the company in Germany. System development is subject to
Aibotix and Leica's rigorous design and quality control standards, and has undergone continuous improvement since market launch three years ago.

If the radio control link is lost , emergency failsafe will prevent flyaway and perform a controlled descent or, if GPS signal is sufficient, return to the takeoff point. The flight control system can fly pre

- programmed waypoints yet respond immediately to pilot
stick overrides in case of route adjustment or emergency. Its radio control system incorporates telemetry, which is displayed on the pilot’s handheld controller and may be announced by voice. The X6 aircraft is optimized for aerial survey

. Its software
includes dynamic points of int erest (POI) which enables automatic visual alignment towards the POI and geo

- fencing for protection , which reduces pilot workload. The aircraft is less than four feet in diameter, made of carbon

- fiber reinforced polymer in a high

- visibility color, with pro tective blade guards surrounding its six rotors. Maximum takeoff weight is approximately 1 5 pounds, and flight time is about thirty minutes with its redundant multicell battery system. The aircraft carries no flammable liquid fuel.6 RF SPECTRUM

Radio control and video transmission systems meet FCC requirements for operation in the unlicensed spectrum of the 2.4 and 5.8 GHz ranges. Manufacturer warnings about interference from devices operating at or near these frequencies or their

harmonics are d ocumented in the Leica Flight Operations Manual ( LFOM ), along with procedures to ensure radio safety with the SUAS

.

EXTENT OF RELIEF SOUGHT AND WHY

Petitioner asks for relief from regulations tabled below, which the authority of the FAA has previously granted in exemption certificates number 11062 along with six others described as “in commonality”, and in number 11109, which are for use of

electric rotorcraft. The Leica Geosystem s Flight Operation Manual ( LFOM ) incorporates the conditions and limitati ons of these grants of exemption, and in some cases imposes stricter limits on its own operations. Headwall will operate the craft pursuant to these conditions and limitations, specifically with respect to safe and

short

- duration missions

.7 CFR CODE CITATIONS

14 CFR

PART SUMMARY OF

REGULATION REASON FOR EXEMPTION REQUEST EQUIVALENT LEVEL OF

SAFETY 61.113 (a) Private pilot privileges
and limitations: Pilot in

command. Holder of private pilot certificate may not act as pilot in command for compensation or hire. Flying for compensation on engineering survey missions is central to purpose of exemption request. Characteristics of aircraft, VLOS, class G airspace, under

400 ft. AGL, trained visual
observer in radio communication with pilot; remote site, industry safety protocols enhanced by Leica 's flight safety plan; PIC with minimum of sport pilot certificate, glider certificate,

non

- powered and powered, currency in the ai rcraft listed on the certificate, 3rd class

medical or valid U.S. driver’s license, pilot training, testing, proficiency with similar and same model UA; and inspection/maintenance are

defined in the Leica Flight Operations Manual ( LFOM ) and will ensure equ ivalent levels of safety if not more. 61.113 (b) Private pilot privileges
and limitations: Pilot in

command. Holder of private pilot certificate may act as pilot in command for compensation or hire if flight is incidental to business or employment and does not carry passengers for compensation or hire. Flying for compensation on engineering survey missions is central to purpose of exemption request, not
incidental to business or employment. There is no passenger or pilot

on board the s UAV, thus safety

issues are different from a manned flight. Aibotix aircraft has programmable automated safety features and emergency responses, has pre

- flight checks for safety beyond commercial manned aircraft, can be geographically restricted by operator with programmable control points, and has

communications with the PIC regarding fuel loss and other flight hazards. PIC will have ground school training

certificate and additional 25 hours logged flight time and 25

hours classroom and field

instruction as stated in LFOM

.8 14 CFR

PART SUMMARY OF

REGULATION REASON FOR EXEMPTION REQUEST EQUIVALENT LEVEL OF

SAFETY 91.119 (c) Minimum safe altitudes

over other than congested area Operating closer than 500 feet to a person, vehicle, or structure may be necessary for survey and equipment inspection. People will not be allowed over, under or within 500 feet laterally of the aircraft in flight. Some flights may require the participation or guidance of industry personnel, positioned

as close as 200 feet. Headwall will brief them on safety and

obtain nece ssary consent. Industry specific safety rules and regulations are to be

followed.

. 91.121 Altimeter settings Procedures to set and confirm altitude do not provide for operation of remote telemetry to SUAS pilot. An onboard air pressure sensor

and sof tware resolve height
differences as small as one

centimeter. Altitude is controlled by measuring air pressure and the z

- ­ - axis accelerometer/GPS values. The starting point is a relative height measurement calculated by the flight controller.
Altitude above ground is displayed on the pilot's handheld controller by telemetry, and alarms can signal conditions of interest.

400 feet AGL is the maximum permissible in the LFOM

, which describes altimeter procedures.9 14 CFR

PART SUMMARY OF

REGULATION REASON FOR EXEMPTION REQUEST EQUIVALENT LEVEL OF

SAFETY 91.151 (b) Fuel requirements for flight in VFR

conditions. Rotorcraft under VFR must carry enough fuel to reach first landing point and then another 20 minutes. The X6 multirotor is designed to fly

for a maximum of 30 minutes with

its 2 batteries. Battery voltage u nder load is displayed on the pilot's handheld controller during flight. The X6 uses 2 lithium polymer batteries of a multi

- ­ - cell design, connected in parallel for redundancy and optimal current delivery. Battery chemistry does not support adequate curren t discharge below about 3 v per cell. Circuitry in the onboard flight controller measures voltage and will start a failsafe procedure to land before
summed minimums are

reached. In the event that one or more cells fail, these minimums may be reached

sooner than expected, due to rapid current drain against a smaller number of functioning

cells. Headwall pilots are trained to monitor voltage and recognize abnormal discharge in flight and to land sooner
than forced. If 20 minutes of flight time or 25% of reserve voltage under load is reached, pilot must commence landing. 91.405 (a) Maintenance required. Required inspections and discrepancies repaired between required inspections pertains to
certificated manned aircraft and procedures conducted by licensed maintenance personnel. In the absence of certification requirements

for SUAS and SUAS maintenance

per sonnel, reasonable alternatives must be developed to maintain equivalent levels of safety. Headwall will document maintenance, overhaul, replacement and inspection requirements in the absence of manufacturer's requirements;

will document and maintain

main tenance records and technician qualification criteria

in the LFOM

.

91.405 (b) Maintenance records. Qualifications for maintenance personnel for SUAS were not contemplated by these regulations,

and a reasonable alternative must be developed to maintain equivalent levels of safety. Qualifications, competence and testing for maintenance personnel are defined in the

LFOM

.10 14 CFR

PART SUMMARY OF

REGULATION REASON FOR EXEMPTION REQUEST EQUIVALENT LEVEL OF

SAFETY 91.407 (a) (1) Operation after maintenance, preventive maintenance, rebuilding, or alteration. There is no authorization procedure for a person who can approve a

return to service of an SUAS , and a
reasonable alternative must be developed to maintain equivalent

levels o f safety. Procedures for the PIC to test then approve a return to

service after maintenance are

defined in the LFOM

.

91.409 (a) (1) Inspections. Annuals conducted by a qualified inspector require authorization criteria for that inspector, not yet

defined for SUAS . A reasonable alternative must be developed to maintain equivalent levels of safety. Schedules for inspection and responsibilities of th e PIC and qualified technician are

described in the LFOM

.

91.409 (a) (2) Inspections. Issuance of airworthiness certificates

for SUAS under 55 pounds operated VLOS is not contemplated by these regulations Airworthiness is the responsibility of the PIC and

the technician as defined in the

LFOM

. 91.417 (a) Maintenance records. Regulations do not contemplate requirements or approval processes for maintenance and inspection of

uncertificated SUAS , however a

reasonable alternative must be developed to maintain equivalent levels of safety. The operator will maintain records according to the procedures specified in the

LFOM

.

91.417 (b) Maintenance records. Retaining and transferring records of maintenance and defects according to standards prescribed for

authorized maintenance and inspection is not contemplated in the regulations for SUAS . A reasonable alternative is necessary to maintain equivalent levels o f safety. Records and documentation will be kept for all maintenance performed, defects, and for all components specified in the

LFOM

.11 PILOT IN COMMAND AND CREW

The Pilot In Command (PIC) must hold a transport, commercial, private, recreational, sport pilot , glider (powered or non

- powered) airman's certificate

, and be in compliance with the training and testing specified in the LFOM . The PIC must also hold a current FAA airman medical certificate or if qualified as a sport pilot, a valid
U.S. driv er’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must be in compliance with the training and testing specified in the operator’s manual. He must remain in
radio communicati on with a visual observer who is in compliance with the training and testing specified in the operator’s manual. The pilot must be able to acquire the aircraft with his own vision, unaided except by prescription refraction lenses. He must

at minimum meet t he eye

- testing standards for a third

- class airman medical certificate, or if qualified by a sport pilot certificate, then by the terms of its vision standards. He must operate within visual line of sight only, and be able to see the attitude and

orientatio n of the aircraft himself. If GPS, magnetometer, or other assisted flight modes are compromised, certain safety features may not operate, and the pilot must understand by his training and experience how to recover control.

OPERATION OF THE UNMANNED AIRC RAFT

The aircraft will be under the operational control of the petitioner.

1. The aircraft used for research & development operations by Headwall will be only the Aibotix X6 as described in the Leica F light O perations

M anual ( LFOM ) , unless the FAA approves an amendment to this petition for use of a different aircraft. This craft will be purchased or borrowed from Leica Geosystems by Headwall

. 2. The aircraft operated in acc ordance with this exemption will be identified by

serial number

, and registered with identification (N

− Number) markings. Markings will be as large as practicable , approximately as shown below

.12 3. The PIC will hold a transport, commercial, private, recreatio nal, sport pilot or glider (powered or non

- powered) airman certificate , and must meet the medical and vision standards, and the flight review requirements, appropriate to that certificate, according to 14 CFR § 61.56.

4. Unless permission is obtained from the FAA, the FSDO o r ATC,
Headwall pilots will operate at least three (3) nautical miles outside populated areas, at less than 400 feet AGL, in class G airspace, in daylight hours only and within visual line of sight of the PIC, five (5) nautical miles or more away from airp orts as denoted on current F AA

- published charts, and use a LFOM

- qualified visual observer in radio communication

with the PIC.

5. Manufacturer’s limitations of the aircraft will not be exceeded, and
Headwall’s operations will adhere to power reserves and the lower operational limits described in the LFOM

. 6. Preflight inspection by the PIC, and inspection and maintenance procedures will be followed according to the LFOM , and will be properly documented and signed for by an authorized technician who has completed training specified in the LFOM

. 7. Test flights by the PIC in connection with maintenance requirements will
be documented.

8. Manufacturer systems and safety bulletins will be followed, and flight critical components will be monitored and re placed when specif ied in the

LFOM

. 9. Discrepancies discovered between inspections will be documented by
Headwall and Aibotix maintenance personnel.

10. If visibility is less than three (3) statute miles from the PIC, the aircraft

will not be operated less than 4 00 feet below a cloud, or less than 2000 feet horizontally from a cloud.

11. The PIC must follow emergency procedures as described in the LFOM in event of lost link, degraded navigation signals, or appearance of unauthorized persons within the secure flight perimeter

. 12. A comme rcial Certificate of Authorization will be obtained by FAA’s designated procedure before any operations that require it are conducted. Notices to Airmen will be filed in accordance with FAA requirements, and permissions from ATC or local FSDO's will be sou ght as the FAA shall specify.

13. An N

- Number will be obtained for the aircraft operated

. 14. RF spectrum will be used in compliance with FCC requirements

.13 15. Documents required by 14 CFR 91.9 and 91.203 will be available to the PIC at the point of flight and contro l, and will be produced upon request by any authority.

16. The aircraft will remain clear of and yield right of way to all manned aviation operations and activities at all times.

17. The PIC will operate the aircraft from a stationary ground position and

not from any moving device or vehicle.

18. Planned operations will ONLY be above vegetative and/or wooded areas and NOT near structures and inhabitants. The petitioner seeks to do R&D work above these land types exclusively.

19. The safety of people and property is paramount, and no operations may be conducted within 500 feet of unprotected non

- participants or their property unless conducted according to safety procedures in the LFOM

that are approved by the FAA.

20. All operations w ill be conducted over controlled

- access property, for which permission has been obtained prior to flight, and for which safety briefings have been completed according to the LFOM

. 21. All incidents, accidents, and transgressions of allowed flight boundaries

w

ill be reported as required by FAA and NTSB.

22. All operations shall be conducted over private or controlled access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authoriz ed representative will be obtained for each flight to be conducted.

BENEFIT TO THE PUBLIC

Approval of exemptions allowing commercial operations of S UAS s throughout the

industries Headwall serves will enhance safety by reducing risk. The objective of these

aerial missions is to enhance safe and reliable operation of the craft while integrated with its sensor payload, and assuring this mitigated risk comes only by operation and

test. By replacing conventional jet

- fueled aircraft with li ghtweight , battery operated sUAVs in restricted areas for aerial inspection, photogrammetry and image and film

capture, the applications themselves become more environmentally sound and safe

. These include precision agriculture, environmental monitoring, a sset and infrastructure inspection (rail lines, pipe lines), geology, and others. The use of the

Aibot ix X6, is an established UAS platform which is powered by batteries, provides a

smaller environmental footprint, increases safety b y de creasing manpower a nd14 separates the aircraft operators f ro m the craft. It further protects the public by being

used in restricted environme nts and reducing impact hazards.

REASONS WHY THE EXEMPTION WOULD NOT ADVERSELY AFFECT

SAFETY

The survey aircraft will be operated in accordance with safety protocols defined in the

LFOM , for which we request approval by the FAA according to its authority granted by Congress in Section 333 of the FAA Modernization and Reform Act of 2012.

The sur vey aircraft carries no person, cargo, or flammable liquid fuel. Its size and weight are a small fraction of any manned aircraft, and its safety systems reflect best design practices in the SUAS industry. Further, the sensor payload has been deemed by both Leica Geosystems and Headwall to be well within the safety envelope for the

craft.

In addition

, Headwall will keep the approved LFOM at its ground control station where

t he PIC will have immediate access to it. Previous exemptions granted by the FAA

conc erning Section 91.9(b) establish that safety is not adversely affected when the approved Aircraft Flight Manual is kept at the ground control station of a UAS, where

the PIC can immediately access it

.

When properly operated by a trained pilot, a well

- desi gned sUAS can stay clear of people and property on the ground and in the air. Procedures, airmanship skills, training and testing requirements for SUAS personnel in the LFOM will let the operator achieve safety levels in the NAS and on the ground, which ar e equivalent to or greater than in manned aviation.

SUMMARY FOR PUBLICATION

The following summary may be published in the Federal Register:

Petitioner requests an exemption from:

14 CFR Parts 61.113 (a) and (b)15 14 CFR Parts 91.119 (c), 91.121, 91.151 (b), 91.405 (a) and (b), 91.407 (a) (1), 91.409 (a) (1), 91.409 (a) (2), 91.417 (a)

in order to operate a small unmanned aircraft system ( SUAS ) for purposes of a erial inspections and monitoring, aerial geo

- mapping

, and aerial imaging and filming and
aerial data collection . The pilot in command will be appropriately qualified with a current private pilot certificate and specialized training..

A erial survey and inspection , geospatial mapping, and film and image capture are conventionally done by manned aircraft operations that use liquid fuel and weigh upwards of 5,000 lbs. These operations involve flying the aircraft to and from the operation’s location. An Aibotix X6 wei ghs less than 15 pounds , is less than four feet in diameter, is equipped with flight control and safety features that prevent flyaway
and minimize risk, compared to that of a manned aircraft, to people and property allowed within the zone of operations and outside it.

No flight operations outside the secure d areas are allowed, and no impacts to privacy

are foreseen.

ATTACHMENTS FOLLOW