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DATE July 13, 2015

ATTN Mr. John S. Duncan

Director, Flight Standards Service

US DOT – Federal Aviation Administration

800 Independence Ave. SW

Washington, DC 20591

SUBJECT Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations

   

Dear Mr. Duncan:

Modern Geosciences, LLC (Modern) is requesting an exemption to allow the use of small Unmanned Aerial

Systems (UAS) within our current services.  Pursuant to Section 333 of the FAA Modernization and Reform Act of

2012 (the Reform Act) and 14 CFR Part 11, Modern, a professional geoscience and engineering firm hereby

applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of

its UASs, so long as such operations are conducted within and under the conditions outlined herein or as may be

established by the FAA as required by Section 333.

As described more fully below, the requested exemption would support an application for a commercial

Certificate of Authorization and permit the operation of small, unmanned and relatively inexpensive UAS under

controlled conditions.

Modern can insure that the combination of the UASs lightweight, historically demonstrated flight performance,

on board GPS system, fully qualified flight personnel, and strict operation under the guidelines established, the

FAA can have confidence that Modern’s operation will have an equivalent or greater level of safety of manned

aircraft performing the same missions.    Also, given the small size of the UAS’s involved and the restricted

controlled environment within which they will operate, the applicant fits within that zone of safety (an

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial

operations of UASs to commence immediately. Also due to the size of the UASs and the controlled areas in

which the relevant UASs will operate, approval of the application presents no national security issue. Given the

following, the grant of the requested exemptions is clearly in the public interest:

Modern proposes that the exemption requested herein apply to civil aircraft that have the characteristics and

that operate with the limitations listed herein. These limitations provide for an exceptional level of safety to

Sent via electronic mail
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operations. These limitations and conditions to which Modern agrees to be bound when conducting commercial

operations under an FAA issued exemption including:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of operator.

3. Maximum total flight time for each operational flight will be 30 minutes.

4. Flights will be terminated at 15% battery power reserve.

4. Flights will be operated at an altitude of no more than 400 feet AGL

5. UAS operator will be trained and certified in the proper safety and operations of the UAS.

6. The UAS will only operate within a controlled area as defined in the Procedures.

7. The operator will post advisor notice around the controlled area.

8. The operator will have been trained in operation of UAS generally and received up‐to‐date information on the

particular UAS to be operated as required.

9. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre‐

determined location within the Security Perimeter and land.

10. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

The name and contact information of the applicant are:

Modern Geosciences, LLC

5100 Thompson Terrace

Colleyville, Texas 76034

Attn: Kenneth S. Tramm, PhD, PG, CHMM

682‐223‐1322 ext 204

ktramm@moderngeosciences.com

Regulations from which the exemption is requested are as follows:

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103(b)(2)

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 91.405(a)

14 CFR 407(a) (1)
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14 CFR 409(a) (2)

14 CFR 417(a) & (b)

PETITION SUMMARY DETAIL

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112‐95 (2012), 126 Stat.

11 ("Section 333") and the Federal Aviation Administration's ("FAA") general exemption authority under 49

U.S.C. section 44701 (f), Modern Geosciences, LLC ("Petitioner") hereby petitions for exemptions from 14 C.F.R

Part 21, Subpart H (Airworthiness Certificates), 14 C.F.R. Part 27 (Airworthiness Standards: Normal Category

Rotorcraft), 14 C.F.R sections 61.113(a)‐(b), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1),

91.409(a)(2}, and 91.417(a)‐(b).

The proposed exemption, if granted, would allow Petitioner to conduct commercial operations of small

unmanned aircraft systems ("UAS") meeting or exceeding all of the operational and safety requirements

Congress has set forth in Section 333.

Petitioner is an engineering and geoscience firm that plans to expand our current services using the capabilities

of Unmanned Aerial Systems in the following areas:

 Air quality monitoring

 Aerial surveying

 Remote sensing

 Telecommunications

 Agriculture

 Aerial filmmaking and photography

 Energy systems inspections and asset management

 Construction site inspections and monitoring

 Wildlife and forestry monitoring

 Educational and research operations

 Pipeline inspection and patrolling

STATUTORY AUTHORITY

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
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determine if certain unmanned aircraft systems may operate safely in the national airspace system before

completion of the (comprehensive) plan and rulemaking required by section 332(b}(1) of this Act or the

guidance required by section 334 of this Act." In Section 332(b}(1), Congress made it clear that Section 333

provides a mechanism for "expedited operation authorization" if several factors are met.  

Petitioner meets all requirements to permit FAA approval of commercial UAS operations.    The Petitioner

Requests Relief from the Following:

14 CFR Part 21, Subpart H: Airworthiness Certificates

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 aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the

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

Aviation Act (49 U.S.C. §44701(f)) and Section 333 of the Reform Act 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 UAS. In all cases, an analysis of these

criteria demonstrates that the UAS 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 UAS to be operated hereunder is less than 55 lbs fully loaded, carries neither a pilot nor passenger, carries

no explosive materials or flammable liquid fuels, and operates exclusively within a controlled area as set out in

the Procedures. Unlike other civil aircraft, operations under this exemption will be tightly controlled and

monitored by the operator, pursuant to the Procedures requirements. Lastly, application of these same criteria

demonstrates that there is no credible threat to national security posed by the UAS, 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 CFR § 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 UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have

no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size

of the UAS, 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 UAS marked on its
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fuselage as required by §45.29(f) where the operator working with the UAS will see the identification of the UAS

as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700,

8738, 10167 and 10167 A

14 CFR §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

in the Procedures for maintenance and use of safety check lists prior to each flight, an equivalent level of safety

will be provided. 14 CFR § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9(b) (2) provides:

No person may operate a U.S.‐registered civil aircraft ... (2) for which an Airplane or Rotorcraft Flight Manual is

not required by §21.5 of this chapter, 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. The

UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only

because there is no pilot on board, but because there is no room or capacity to carry such an item on the

aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control

point where the operator flying the UAS will have immediate access to it. 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 § 91.103(b): Preflight action

This regulation requires that each pilot in command shall, before beginning a flight, become familiar with all

available information concerning that flight. This information must include — (b) for any flight, runway lengths

at airports of intended use, and the following takeoff and landing distance information...

As FAA approved rotorcraft flight manuals will not be provided for the aircraft and because runways are not

needed for takeoff and landing operations, an exemption will be needed. An equivalent level of safety will be

provided as set forth in Procedures. The operator will take all actions including reviewing weather, flight battery

requirements, landing and takeoff locations and aircraft performance data before initiation of flight.

14 CFR §91.109: Flight instruction:

Section 91.103 provides 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. UASs and remotely piloted

aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use

of a control box that communicates with the aircraft via radio communications. The FAA has approved

exemptions for flight training without fully functional dual controls for a number of aircraft and for flight

instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided
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by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the

aircraft.

14 CFR §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be

operated at less than the minimums prescribed, provided the person operating the helicopter complies with any

route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and

the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow

such operations. As set forth herein, except for the limited conditions stated in the Procedures, the UAS will

never operate at higher than 400 AGL. The equivalent level of safety will be achieved given the size, weight,

speed of the UAS as well as the location where it is operated. In addition, the low‐altitude operations of the UAS

will ensure separation between these small‐UAS operations and the operations of conventional aircraft that

must comply with Section 91.119.

14 CFR §91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an

altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter setting available

before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an

exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the

Procedures and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator

before flight.

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under 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 ‐ (1) During the day, to fly after that for at least 30 minutes; or (2)

At night, to fly after that for at least 45 minutes."  The battery powering the UAS provides approximately 40

minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be

limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the

location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or

night VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without

compliance with FAR 91.151(a)).

Operating the small UAS, in a tightly controlled area, with less than 30 minutes of reserve fuel, does not

engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small

UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption

will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30
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minutes or 15% of battery power whichever happens first. This restriction would be more than adequate to

return the UAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have

been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 CFR §91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: (a) Except as provided in § 91 .715, no person may operate a civil

aircraft unless it has within it the following: (1) an appropriate and current airworthiness certificate ... (b) 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. The UAS fully loaded weighs no more than 55 lbs and is operated without an on

board pilot. As such, there is no ability or place to carry certification and registration documents or to display

them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground

control point where the operator flying the UAS will have immediate access to them, to the extent they are

applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample

of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

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 section 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

operator pursuant to the flight manual and operating handbook as referenced in the Procedures. An equivalent

level of safety will be achieved because these small UASs are very limited in size and will carry a small payload

and operate only in controlled areas for limited periods of time. If mechanical issues arise the UAS can land

immediately and will be operating from no higher than 400 feet AGL. As provided in the Procedures, the

operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance,

and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of

safety. 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 §21, subpart H; 14 CFR 45.23(b); 14 CFR §§

61.113(a) & (b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a);

91.407(a) (1); 91.409(a) (2); 91.409(a) (2) & 91.417(a) & (b) to operate commercially a small unmanned vehicle

(55lbs or less) for the purpose of inspection, monitoring, mapping and photographing attached equipment and

engineering/geoscience studies involving communication towers, agricultural operations, energy‐related

operations, pipelines, wind turbine tower facilities and power transmission tower operations.
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Approval of exemptions allowing commercial operations of UASs will create a level of safety by reducing risk.

Conventional tower structure inspections and associated tasks involve extreme risks to personnel physically

climbing such structures and/or utilizing high rise equipment both of which create numerous and extreme risk to

such personnel. In contrast, a UAS weighing fewer than 55 lbs and powered by batteries eliminates virtually all

of that risk. The UAS will carry no passengers or crew and, therefore, will not expose personnel to any of the

risks described above.

The operation of small UASs, weighing less than 55 lbs, conducted in the strict conditions outlined above, will

provide a level of safety supporting the grant 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, close to the ground, and in a controlled environment.

SUPPLEMENTAL INFORMATION

Vehicles:

The UAS proposed by the Petitioner are the DJI Phantom Vision 2+, DJI Phantom Vision 3, and DJI Inspire 1.
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CLOSING

Modern respectfully requests that the FAA grant the requested exemption and are prepared to modify or

amend any part of this request to satisfy the need for an equivalent level of safety. We look forward to working

with you.

Respectfully submitted,

Kenneth S. Tramm, PhD, PG, CHMM

PRINCIPAL

MODERN GEOSCIENCES

TEXAS REGISTERED GEOSCIENCE FIRM 50411

TEXAS REGISTERED ENGINEERING FIRM F‐16201

RCAS NO. 0000167