Request for Amendment

to Exemption No. 11764

Regulatory Docket No. FAA-2015-0974

December 2015

Prepared for:

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., SE 

Washington, DC 20590

Prepared by:

EMC, Inc. (EMC)

2472 Sunset Drive,

Grenada, MS 38901

(662) 226-5166

Mark Mattox

mattox@emcsurvey.com
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development

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EMC, Inc.

2472 Sunset Drive

Grenada, MS 38901

Telephone: 662.226.5166

Fax: 662.226.5170

December 1, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Docket No. FAA-2015-0974, Petition for Amendment to Exemption No. 11764, EMC, Inc.

Dear Madam or Sir,

EMC, Inc. hereby requests an amendment to FAA Exemption No. 11764, Docket No. FAA-2015-0974 to allow 

for the use of the following sUAS (small unmanned aircraft systems weighing less than 55 lbs.) in addition to 

the SenseFly eBee, for which the original FAA Exemption was granted on June 5, 2015 for the purpose of 

precision aerial mapping and survey applications. 

 SenseFly eXom

 PrecisionHawk Lancaster

 DJI Inspire 2

 DJI Inspire 1

 DJI Phantom 3 

The sUAS originally authorized in Exemption No. 11764 (SenseFly eBee) is comparable in size, weight (<55 

lbs.), speed (<87 knots), and operating capabilities to the additional sUAS platforms requested above. 

Applicant Information:

EMC, Inc.

Attn: Mark Mattox

President

2472 Sunset Drive

Grenada, MS 38901

Telephone: 662.226.5166

Fax: 662.226.5170

This amendment petition is, in most regards, similar to granted amendment petition Exemption No. 12504A 

(Docket No. FAA-2015-1828) in terms of sUAS platform types. 

All operations of the requested additional sUAS platforms will be in full compliance with the Conditions and 

Limitations of EMC, Inc.'s current FAA Exemption No. 11764. EMC, Inc. hereby requests to operate the 

amended sUAS platforms while adhering to the conditions and limitations as anticipated below:
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development

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EMC, Inc.

2472 Sunset Drive

Grenada, MS 38901

Telephone: 662.226.5166

Fax: 662.226.5170

Conditions and Limitations

1. Operations authorized by this amendment to the Exemption are limited to the SenseFly eBee-RTK, 

SenseFly eXom, DJI Inspire 2, DJI Inspire 1 and DJI Phantom 3 when weighing less than 55 pounds 

including payload. Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not

permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The

exemption holder may use either groundspeed or calibrated airspeed to determine

compliance with the 87 knot speed restriction. In no case will the UA be operated at

airspeeds greater than the maximum UA operating airspeed recommended by the aircraft

manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This

requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S.

driver's license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and

PIC must be able to communicate verbally at all times; electronic messaging or texting is

not permitted during flight operations. The PIC must be designated before the flight and

cannot transfer his or her designation for the duration of the flight. The PIC must ensure

that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations

in accordance with the conditions and limitations stated in this grant of exemption, are

hereinafter referred to as the operating documents. The operating documents must be

accessible during UAS operations and made available to the Administrator upon request.

If a discrepancy exists between the conditions and limitations in this exemption and the

procedures outlined in the operating documents, the conditions and limitations herein

take precedence and must be followed.

Otherwise, the operator must follow the procedures as outlined in its operating documents. 

The operator may update or revise its operating documents. It is the operator's responsibility 

to track such revisions and present updated and revised documents to the Administrator or 

any law enforcement official upon request. The operator must also present updated and revised 

documents if it petitions for extension or amendment to this grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which the FAA granted this 

exemption, then the operator must petition for an amendment to its grant of exemption. The 

FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents.
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development

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EMC, Inc.

2472 Sunset Drive

Grenada, MS 38901

Telephone: 662.226.5166

Fax: 662.226.5170

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or

flight characteristics, e.g., replacement of a flight critical component, must undergo a

functional test flight prior to conducting further operations under this exemption.

Functional test flights may only be conducted by a PIC with aVO and must remain at least

500 feet from other people. The functional test flight must be conducted in such a manner

so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in

a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS

is in a condition for safe flight. The pre-flight inspection must account for all potential

discrepancies, e.g., inoperable components, items, or equipment. If the inspection

reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited

from operating until the necessary maintenance has been performed and the UAS is

found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement,

inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial,

private, recreational, or sport pilot certificate. The PIC must also hold a current FAA

airman medical certificate or a valid U.S. driver's license issued by a state, the District of

Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must

also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which 

the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability

to safely operate the UAS in a manner consistent with how the UAS will be operated under

this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC qualification

flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b).

Flights for the purposes of training the operator's PICs and VOs (training, proficiency, and

experience-building) and determining the PIC's ability to safely operate the UAS in a

manner consistent with how the UAS will be operated under this exemption are

permitted under the terms of this exemption. However, training operations may only be

conducted during dedicated training sessions. During training, proficiency, and

experience-building flights, all persons not essential for flight operations are considered

nonparticipants, and the PIC must operate the UA with appropriate distance from

nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development

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EMC, Inc.

2472 Sunset Drive

Grenada, MS 38901

Telephone: 662.226.5166

Fax: 662.226.5170

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted

with an ARP, the center of the airport symbol as denoted on the current FAA-published

aeronautical chart, unless a letter of agreement with that airport's management is

obtained or otherwise permitted by a COA issued to the exemption holder. The letter of

agreement with the airport management must be made available to the Administrator or

any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined

location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast

weather conditions) there is enough available power for the UA to conduct the intended

operation and to operate after that for at least five minutes or with the reserve power

recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations

shall be conducted in accordance with an ATO-issued COA. The exemption holder may

apply for a new or amended COA if it intends to conduct operations that cannot be

conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification

(N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as

large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at

the Ground Control Station of the UAS any time the aircraft is operating. These

documents must be made available to the Administrator or any law enforcement official

upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities

at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

 persons from the UA and/or debris in the event of an accident. The operator must

 ensure that nonparticipating persons remain under such protection. If a situation

 arises where nonparticipating persons leave such protection and are within 500

 feet of the UA, flight operations must cease immediately in a manner ensuring the
Boundary | Topographic | Hydrographic | Geophysical | Laser Scanning | Mobile LiDAR | GPS Data Development

5 | P a g e

EMC, Inc.

2472 Sunset Drive

Grenada, MS 38901

Telephone: 662.226.5166

Fax: 662.226.5170

 safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission

 for operating closer to those objects and the PIC has made a safety assessment of

 the risk of operating closer to those objects and determined that it does not

 present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating

persons under this exemption.

27. 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 authorized representative will be obtained for each

flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported to

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported

to the National Transportation Safety Board (NTSB) per instructions contained on the

NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as

documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption

must submit a written Plan of Activities to the local Flight Standards District Office (FSDO)

with jurisdiction over the area of proposed filming. The 3-day notification may be waived

with the concurrence of the FSDO. The plan of activities must include at least the

following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted

 under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of

 the UAS;

d. Make, model, and serial or N-Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners

 and/or local officials to conduct the filming production event; the list of those who

 gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city,

 town, county, and/or state over which filming will be conducted and the altitudes

 essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons

consenting to be involved and necessary for the filming production, as specified in the

exemption holder's MPTOM