Domenico Perrella

Associate

T 415-984-8413

dperrella@nixonpeabody.com

One Embarcadero Center, 18th Floor

San Francisco, CA 94111-3600

415-984-8200

4823-1522-7174.1

August 18, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

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”

or “Section 333”), Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, CEC

Corporation (“CEC”) seeks an exemption from the Federal Aviation Regulations (“FARs”)

listed below and discussed in Appendix A to allow it to operate four different small Unmanned

Aircraft Systems (collectively, the “sUAS”): the Pulse Aerospace Vapor 55, the 3D Robotics

Aero-M, the DJI Phantom 2 Vision+, and the Riegl RiCOPTER. CEC is a successful

engineering and design firm that offers solutions for public and private infrastructure projects.1

CEC plans to use the sUAS for aerial inspection and documentation services for its projects

located across the United States. The services include aerial surveys and mapping, inspections

and obtaining still photographs, video and other data collected via onboard sensors.

The safety and public benefits of using sUAS for commercial surveying and mapping, project

documentation, and inspection services are significant. The sUAS reduce the need to operate

manned aircraft in unconventional operations, provide more accurate data in a manner that is

more safe, economical and efficient, and with a reduced impact on the environment. Because

CEC plans to utilize the sUAS in many of its public infrastructure and related projects, the

operations will also directly translate to measurable savings for local, state and federal agencies

and ultimately, taxpayers.

1 CEC’s design and consulting services touch upon numerous industries and subject matters, including:

transportation design and planning, facilities engineering, mechanical/electrical and power engineering, surveying

and mapping services, construction management and supervision, materials testing, airport planning and design,

environmental services, right-of-way engineering, and bridge design and inspections.
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Operations pursuant to the exemption will be subject to strict operating requirements and

conditions to ensure at least an equivalent level of safety to currently authorized operations

using manned aircraft and under conditions as may be modified by the FAA as required by

Section 333. At 30 pounds for the Pulse Aerospace Vapor 55, 7.9 pounds for the 3D Robotics

Aero-M, 2.7 pounds for the Phantom 2 Vision +, and 55 pounds for the Riegl RiCOPTER,

including payload, the proposed sUAS are small in size and are powered electrically via small,

rechargeable, lithium batteries. The sUAS have extensive automated control features, redundant

systems, and integrated fail-safes, and will be operated under controlled conditions and at low

altitudes in airspace that is limited in scope.

Though the sUAS may safely be operated by one person, flight operations performed pursuant

to this exemption will consist of at least two people: a pilot-in-command (the “PIC”) and visual

observer. The PIC is responsible for the direct and safe operation of the sUAS, monitoring its

status and flight dynamics while maintaining visual line of sight and keeping the flight within

the manufacturer’s specified limits in terms of wind, flight range, battery life, etc. The observer

is responsible for monitoring the airspace for other aircraft and hazards, advising the PIC before

and during flight of all such observed risks, and monitoring the controlled operating area.

Individuals acting as the PIC will complete training specific to the sUAS. The PIC must possess

either an FAA 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.

Because the sUAS will be used in lieu of comparatively higher risk operations now conducted

with fixed wing and rotary manned aircraft, the FAA can have confidence that CEC’s

operations will achieve at least an equivalent level of safety and fulfill the Secretary of

Transportation’s responsibilities under Section 333(c) of the Reform Act to “establish

requirements for the safe operation of such aircraft systems in the national airspace system.”

Applicant Information

The name of the applicant is:

CEC Corporation

The primary contact for this application is:

Darren M. Smith, PLS

Surveying and Mapping Division Manager

Vice President

4555 West Memorial Road

Oklahoma City, OK 73142-2013

Ph: 405.808.9406
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Fax: 405.384.4589

Exemptions Requested

CEC respectfully requests exemptions from the following regulations:2

14 C.F.R. Part 21, Subpart H;

14 C.F.R. § 91.7;

14 C.F.R. § 91.9(b)(2);

14 C.F.R. § 91.113;

14 C.F.R. § 61.113(a), (b);

14 C.F.R. § 61.133(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.151;

14 C.F.R. § 91.203;

14 C.F.R. § 91.405(a) and (b);

14 C.F.R. § 91.407(a)(1);

14 C.F.R. § 91.409(a)(1)-(2); and

14 C.F.R. § 91.417(a).

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Grant of this exemption application for use of the sUAS in precision aerial surveys, mapping

and inspection operations will advance the Congressional mandate in Section 333 of the

Reform Act to accelerate the introduction of UAS into the national airspace system ("NAS")

if it can be accomplished safely. This law directs the Secretary of Transportation to consider

whether certain UAS may operate safely in the NAS before completion of the rulemaking

required under Section 332 of the Reform Act. In making this determination, the Secretary is

required to determine which types of UAS do not create a hazard to users of the NAS or the

public, or pose a threat to national security in light of the following:

 The UAS's size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

2 As set forth in Appendix C, CEC will operate under similar operating conditions as those required in the other

grants of exemption, in which exemptions for certain FARs was deemed by the FAA as “not necessary.”

Accordingly, CEC does not request FAA exemption from 14 C.F.R. 45.23(b), 91.103, and 91.109(a). Should the

FAA determine that relief from these or any other regulation is required for the operations proposed herein, CEC

will be happy to submit an amendment to this request and include justifications for those necessary additional

exemptions.
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 Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles "may operate safely in

the national airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft in the national airspace system." Id. §333(c) (emphasis added).3

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under

§40101 of the Act, from the requirement that all civil aircraft must have a current

airworthiness certificate and those regulations requiring commercial pilots to operate aircraft

in commercial service:

The Administrator may grant an exemption from a requirement

of a regulation prescribed under subsection (a) or (b) of this

section or any of sections 44702-44716 of this title if the

Administrator finds the exemption is in the public interest.

49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704.

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as

amended; the strong equivalent level of safety surrounding the proposed operations; and the

significant public benefit, including enhanced safety and cost savings associated with

transitioning to UAS for aerial surveys, mapping and inspections. CEC therefore respectfully

requests that the FAA grant the requested exemption without delay.

Airworthiness of the sUAS

One element of the exemption application involves evidence of the airworthiness of the sUAS.

CEC and the manufacturers of the sUAS – 3D Robotics, DJI, Riegl, and Pulse Aerospace–

believe that the sUAS have been shown to be airworthy and compliant with a significant level

of safety. Indeed, the FAA had previously granted several exemptions for the sUAS that are the

subject of this request. See Exemption Nos. 11241A (Vapor 55), 11238A (Vapor 55), 11626

(Aero-M), 11357 (Phantom 2 Vision +), and 11581 (RiCOPTER).

3

This provision places a duty on the Administrator to not only process applications for exemptions under

Section 333, but for the Administrator, if he deems the conditions proposed herein require modification in order

to allow approval, to supply conditions for the safe operation of the UAS. CEC welcomes the opportunity to

consult with FAA staff to address any issues or concerns that this proposal may raise that they believe may

require modification.
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To enhance safety, it is also important to note that the sUAS are equipped with automated

features which enhance safe takeoff, flight, and landing in many conditions, further details of

which are provided in the applicable sUAS user manuals provided by the manufacturers.4

To maintain airworthiness, CEC will follow a strict inspection and maintenance program. That

program is enhanced by several automatic checks performed by the sUAS. Malfunctions that

occur during flight will be detected by the sUAS fault detection systems, which communicate a

fault warning to the PIC to take necessary action. For certain malfunctions and faults (i.e., lost

communications), the sUAS may be preprogrammed to automatically respond and land either at

a designated location (e.g., a return-to-home or point of take-off) or in-place. In addition, CEC

will maintain emergency checklists for proper and safe malfunction responses that will be used

by the PIC during operation of the sUAS. In the event of any malfunction, the sUAS will

undergo all maintenance required by the manufacturer and undergo flight testing before

recommencing commercial operations.

Proposed Operations and Associated Conditions

CEC intends to use the sUAS that do not weigh more than 55 pounds for the purpose of

conducting aerial surveys and mapping of land, as well as aerial inspection and documentation

of its projects. In the survey and mapping context, for example, the sUAS will be used to

acquire photogrammetric datasets for use in land development and vertical infrastructure design.

Similarly, CEC plans to provide engineering-related inspection services with the sUAS to a

number of industries. This includes, without limitation, the inspection of transportation

infrastructure, such as rail and automotive bridges, the inspection of utility infrastructure,

including wind turbines and transmission lines, and the inspection of proposed future building

sites for overall project feasibility.

All of the sUAS operations will occur under tightly controlled conditions on public or privately

owned land at the owner’s request and consent, solely during daylight hours, and at altitudes

well below that which would pose a risk to other aircraft. The operations will take place in areas

away from people, crowds and airports. Moreover, due to the nature and purpose of the

operations, CEC anticipates that it will fly the sUAS at relatively low altitudes and speeds. The

risk of interference with another aircraft is therefore minimal.

4 CEC submits the following documents, as proprietary and under confidentiality, in support of this exemption

request: Phantom 2 Vision + User Manual v.1.8, Smart Flight Battery Guidelines, Phantom 2 Vision+ Pilot

Training Guide v1.1, the Phantom 2 Vision+ Quick Start Guide, the Pulse Aerospace Vapor 55 Aircraft Flight

Manual, the Riegl RiCOPTER User Manual, the 3D Robotics Aero-M Operation Manual, 3DR Drone Safety

Information for Planes and Copters, 3D Robotics Aero-M FAQ, and the 3D Robotics Introduction to Flying Fixed

Wing Aircraft document. At the request of the FAA, CEC will be pleased to also provide, under confidentiality, its

sUAS General Operations Manual.
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Grant of the exemptions to CEC will be subject to the conditions listed in Appendix B, which

are based upon the operating conditions required by the FAA's previous grants of exemptions.

In terms of the specific aircraft CEC will use for its operations, all are characterized by a high

degree of pre-programmed control and various built-in technical capabilities that limit the

potential for operation outside of the conditions set forth in Appendix B. They were also

designed with internal functional and safety features to assist the operator in safe and reliable

operation. With pre-programmed flights and manual control, operators can easily maintain

separation from manned aircraft operations and avoid other hazards. In the controlled

environment under the operations conditions in Appendix B, operations will remain within

visual line-of-sight (VLOS) and below 400 feet AGL. In addition, CEC will obtain a Certificate

of Waiver or Authorization from the FAA Air Traffic Organization to address airspace

requirements and provide notification by a Notice to Airman (NOTAM).

Operator Requirements

CEC will use a dedicated staff for the sUAS operations. As a condition to the grant of the

exemptions, CEC will require that the PIC hold either an FAA 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 will have

accumulated and logged a minimum number of flight cycles and hours for daytime operations,

as necessary. The PIC will also be subject to the flight review requirements pursuant to the

Federal Aviation Regulations (“FARs”).

In addition, the PIC must complete a training program for the sUAS that he or she will operate.

This training is specific to each sUAS and familiarizes the PIC to the operations and limitations

of each sUAS. Training will also include discussions on the basic fundamentals of UAS

aerodynamics and technical limitations, as well as the more general topics of weather, the

National Airspace System, and the legal and regulatory framework.

CEC does not believe that certified airmen, medical certificates, and the related operating

conditions, are necessary or required to operate the sUAS. However, CEC will accept these

requirements as a condition to the grant of the exemptions. If, and when, the FAA finds such

conditions unnecessary for operations conducted pursuant to Section 333 exemptions, CEC

respectfully reserves the right to amend its operating conditions and request exemptions from

the relevant FARs to operate without such conditions.

Public Interest

The use of the sUAS in lieu of comparatively hazardous operations currently conducted with

conventional fixed wing and rotary aircraft offers a net safety benefit and will achieve an

enhanced level of safety, as mandated under Section 333(c) of the Reform Act. Approval of this
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application will also benefit the public interest by allowing better, safer, and more cost efficient

information for CEC and the public.

Conventional aerial survey and inspection operations using manned aircraft involve heavy aerial

aircraft that must transit from airports to the operational location, carrying significant amounts

of combustible fuel, and a multi-person crew. The nature of surveying and inspection operations

magnify the dangers of using conventional aircraft, as the aircraft fly in unconventional

operations under FAA waivers and at dangerous altitudes in populated and developed areas.

Aerial inspection and analysis by traditional manned aircraft is also often times impractical

because the required altitudes for safe flight can reduce the operative visibility below levels

necessary to obtain meaningful data.

By contrast, use of the sUAS is safe, economical and efficient. The sUAS weigh no more than

55 pounds, including payload, they operate on battery power, are carried (not flown) to and

from the area of activity, remove the need for an airborne crew, and pose less risk to people and

infrastructure on the ground, as well as other aircraft. sUAS operations also avoid the need for

inspection personnel to risk their lives on buildings, bridges and other structures to perform

inspections. If more detailed in-person inspections are required, planners can use preliminary

sUAS data and target areas of concern without putting inspectors and other individuals at risk in

hazardous areas. More frequent, safer, and cost-efficient inspections by sUAS will also increase

safety to the public. In addition, the sUAS can map the conditions and problem areas of CEC

projects, assisting personnel to determine areas of potential hazard and the need for heightened

safety measures. Increased inspections will also help to maintain buildings and other structures,

keeping the public safe from building deterioration and improved building responses during

significant weather events.

No national security issue is raised by the grant of the requested exemptions. Given the size,

load-carrying capacity, speed at which the sUAS operate (the Vapor 55 at 22 mph (12 m/s), the

Aero-M at 56 mph, the Phantom 2 Vision+ at 15 m/s, and the RiCOPTER at 38 mph (17 m/s)),

and the fact that they do not carry explosives or other dangerous materials, the use of the sUAS

pose no threat to national security. In fact, the threat of causing damage to critical national

infrastructure is significantly reduced with the extremely low sUAS weights and limited

operating areas. Any other security concerns are ameliorated by the fact that all individuals

holding a pilot certificate are subject to a security screening by the U.S. Department of

Homeland Security.

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333, the Federal Aviation Act,5the high and equivalent level of safety of the proposed

operations, and the significant public benefit, including enhanced safety and cost savings to be

5

The Federal Aviation Act ("FAAct") expressly grants the FAA the authority to issue exemptions: The Administrator may grant

an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702-

44716 of this title if the Administrator finds the exemption is in the public interest. 49 U.S.C. § 44701(f).
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realized as a result of the use of sUAS for aerial inspection and mapping services. Accordingly,

CEC respectfully requests that the FAA grant the requested exemption without delay.

Very truly yours,

NIXON PEABODY, LLP

Domenico Perrella

DCP/crcz
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APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

14 C.F.R. Part 21, Subpart H: Airworthiness

Certificates 14 CFR § 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21,

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 very small

size of the aircraft and the limited operating area associated with their utilization, it is

unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to

achieve or exceed current safety levels.6

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved.

In this case, an analysis of these criteria demonstrates that the sUAS operated without an

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer,

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The

sUAS do not weigh more than 55 pounds, including payload. The sUAS do not carry a pilot or

passenger, will not carry flammable fuel, and will operate exclusively within an area predisclosed and in compliance with conditions set forth herein. Operations under this

exemption will be tightly controlled and monitored by the operator, pursuant to the

conditions set forth in Appendix B, the CEC sUAS GOM, the manufacturers’ manuals, and

by local public safety requirements.

The FAA will have advance notice of all operations through the filing of NOTAMs. Receipt

of the prior permission of the land owner (or lessee), the size of the aircraft, the lack of

flammable fuel, and the fact that the aircraft is carried to the location and not flown there all

establish the equivalent level of safety. The sUAS provide at least an equivalent level of

6 The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that

the sUAS provide an equivalent level of safety when compared to aircraft normally used for the same application.

These criteria are satisfied and therefore no exemption is needed. See, e.g., Grant of Exemption to Astraeus Aerial,

Docket No. FAA-2014-0352 at 13-14, 22. Should the FAA determine that some characteristics of the sUAS fail to

meet the requirements of the Reform Act, CEC respectfully requests an exemption.
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safety to that of such operations being conducted with conventional manned aircraft that

would be orders-of-magnitude larger and would be carrying passengers, cargo, and

flammable fuel. The safety features including the redundant sensor systems, as described in

the manufacturers’ manuals, and throughout this document, underscore the importance

placed on safety and reliability in the design and manufacture of the sUAS.

14 C.F.R. § 91.7(a)-(b); Civil Aircraft Airworthiness

Section 91.7(a) requires that a civil aircraft must be in airworthy condition to be operated.

The FAA has concluded that no exemption is required under 14 C.F.R. § 91.7(a) to the

extent that the requirements of Part 21 are waived or otherwise found inapplicable. See FAA

Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-0352, Exemption No. 11062,

pp. 14-15, 19, 22. CEC therefore respectfully requests that the FAA find the requirements

for section 91.7(a) in accordance with the agency’s determination on 14 C.F.R. Part 21,

Subpart H, discussed supra.

The agency similarly found that relief from section 91.7(b) is not warranted, which places

responsibility on the PIC to ensure an aircraft is in a condition safe for flight. See Grant of

Exemption to Astraeus Aerial, Docket No. FAA-2014-0352, Exemption No. 11062, p. 19.

To the extent, an exemption is required under section 91.7(a) or (b), CEC respectfully

requests that the FAA find compliance with the manufacturer’s manuals, the CEC sUAS

GOM, and requirements of the grant of exemption, a sufficient means for ensuring the sUAS

are and remain in an airworthy condition.

14 C.F.R. § 91.113; Right-of-Way Rules

Section 91.113 requires that vigilance be maintained by each person operating an aircraft to

see and avoid other aircraft. Unlike manned aircraft, the sUAS pilot is not on-board the

aircraft to observe and avoid other aircraft, operating the sUAS from the ground.

CEC’s proposed operating conditions will achieve an equivalent or greater level of safety.

All operations will involve two individuals—one certificated private pilot as the PIC and one

visual observer who will monitor the immediate and surrounding airspace of the sUAS

operation for potential obstruction hazards and other possible intrusions. The sUAS will also

be limited to designated areas below 400 feet AGL and within a virtual fence. CEC will

notify the FAA and other pilots of the sUAS operations by NOTAM.

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot

in Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a

conventional aircraft that carries a pilot, passengers, and cargo, the sUAS in this case are
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remotely controlled with no passengers or property of others on-board. Section 61.133(a)

requires an individual with a commercial pilot’s license to act as pilot in command of an

aircraft for compensation or hire.

CEC respectfully proposes that operator requirements should take into account the

characteristics of the particular UAS. Here, the sUAS have a high degree of pre-programmed

control and various built-in technical capabilities that strictly limit the potential for operation

outside of the operating conditions set forth in Appendix B and the exemption application. The

small size, endurance, range and payload capacities of the sUAS mean that no passengers

and/or cargo will ever be carried by the aircraft. Rather, commercial operations will be strictly

limited to conducting aerial surveys and mapping, inspections and acquiring aerial imagery.

Considering these conditions, operating limitations and restrictions, an equivalent level of

safety will be provided by allowing operation of the sUAS by CEC with individuals who

possess either an FAA 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 risks associated with the operation of the sUAS

(given their small size, speed, operational capabilities and limitations, and lack of combustible

fuel) are so diminished from the level of risk associated with commercial operations (and even

operations permitted with a private pilot certificate) contemplated by Part 61 with manned

aircraft, that allowing operations of the sUAS as set forth in Appendix B meets and exceeds

the present level of safety provided under 14 C.F.R. § 61.113(a)-(b), and does not call for a

commercial pilot certificate as set forth in § 61.133.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c)

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the

surface, except over open water or sparsely populated areas. In those cases, the aircraft may

not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the sUAS will not operate at higher than 400 feet AGL. The sUAS will,

however, be operated to avoid congested or populated areas. Because aerial survey work must

be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an

exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with

which the sUAS are built. Also, no flight will takeoff or land without the permission of the land

owner or those who control the land. Because of the advance notice to the landowner, all

affected individuals will be aware of the flights.
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Compared to operations conducted with aircraft or rotorcraft weighing far more than the sUAS,

and carrying flammable fuel, any risk associated with these operations will be significantly less

than those currently allowed with conventional aircraft operating at or below 500 feet AGL.

Indeed, the low-altitude operations of the sUAS will maintain separation from operations of

conventional aircraft that must comply with Section 91.119.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation 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 RiCOPTER is powered by lithium-polymer batteries that provide up to 34 minutes of

flight. Without an exemption from 91.151 for it, flights would be limited to 4 minutes in

duration.

The Phantom 2 Vision+ is powered by a removable, rechargeable, lithium-polymer battery that

provides approximately 25 minutes of powered flight. Without an exemption from § 14 CFR

91.151, flights by CEC would not be possible.

The Aero-M is also powered by a lithium-polymer battery that provides up to 40 minutes of

powered flight. Without an exemption from 91.151 for it, flights would be limited to 10

minutes in duration. Similarly, the batteries on the Vapor 55 provide up to 60 minutes of

powered flight. Without an exemption from 91.151 for it, flights would be limited to 30

minutes. Given the limitations on the proposed operations and their locations, a longer time

frame for flight in daylight VFR conditions is reasonable.

An exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior exemption. See

Grant of Exemption to Lockheed Martin Corporation, Docket No. FAA-2014-10673 (allowing

operations without compliance with 91.151(a). Operating the sUAS, without 30 minutes of

reserve fuel does not engender the type of risks that Section 91.151(a) was meant to prevent

given the size and speed at which the sUAS operate. The fact that they carry no pilot,

passenger, or cargo also enhances their safety. As does the fact that the operations will be

conducted within the VLOS of the PIC and in a strictly controlled location. In the unlikely

event that the sUAS should run out of fuel, each aircraft is designed to land on its own (e.g.,

an auto-land function is initiated upon a critical battery warning). Given their design, weight

and construction material, the risks are less than contemplated by the current regulation.

For the sUAS, an equivalent level of safety can be achieved by maintaining 5 minutes of

reserve fuel, which would be more than adequate to return the aircraft to their planned landing

zone from anywhere in its operating area, particularly since they must be flown within direct
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VLOS of the PIC.Similar exemptions have been granted to other operators and systems. See

Docket Nos. 2689F, 5745, and 10673.

14 C.F.R. §§ 91.9(b)(2); 91.203(a)-(b); Carriage of Civil Aircraft Airworthiness

Certificate and Registration

Sections 91.9(b) and 91.203(a)-(b) require an aircraft operator to carry airworthiness

documents and other aircraft manuals onboard the aircraft at all times. Because the sUAS

are small in size and contain no cabin or flight deck, carriage of such documents and

manuals is impossible.

The intent of these regulations is to ensure that the PIC has access to important documents

during flight. Here, an equivalent level of safety is achieved if the PIC has access to the

applicable sUAS manual(s), registration certificate and other required documents from the

Ground Control Station from which he or she is operating the sUAS. This is consistent with

a prior opinion of the FAA Office of the Chief Counsel, and other grants of exemptions for

commercial UAS operations. See Memorandum from Mark Bury, FAA Assistant Chief

Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight

Standards Service (Aug. 8, 2014); see also FAA Grant of Exemption to Astraeus Aerial,

Docket No. FAA-2014-0352, Exemption No. 11062, pp. 16-18.

14 C.F.R. §§ 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections

Section 91.405(a) requires 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....” Section 91.407 similarly makes reference to requirements in Part 43; Section

91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate.

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots

and records of approval of the aircraft for return to service.

An equivalent level of safety will be achieved because the sUAS are small in size, will solely

operate in restricted predetermined areas and are not complex mechanical devices. Olsson will

perform all maintenance and inspections in accordance with the manufacturers’ manuals and

any required manufacturer Safety or Service Bulletins. In addition, the PIC will conduct a preflight inspection of the sUAS and all associated equipment to account for all discrepancies

and/or inoperable components, pursuant to the CEC sUAS GOM. Maintenance will be

performed and verified to address any conditions potentially affecting safe operation of the

sUAS and no flights will occur unless and until all flight critical components of the sUAS

have been found to be airworthy and in a condition for safe operation. A functional flight test

will be conducted following the replacement of any flight-critical components.
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APPENDIX B

CEC OPERATING RESTRICTIONS AND LIMITATIONS

1) Operations shall be limited to the following aircraft described in the CEC sUAS General

Operations Manual (“GOM”): the Pulse Aerospace Vapor 55, the DJI Phantom 2

Vision+, the Riegl RiCOPTER, and the 3D Robotics Aero-M (collectively “sUAS”).

The sUAS do not weigh more than 55 pounds. Proposed operations of any other aircraft

will require a new petition or a petition to amend this grant.

2) The sUAS shall not be flown at a ground speed exceeding 87 knots (100 mph).

3) Above Ground Level (“AGL”) altitude shall be restricted to 400 feet, as indicated by the

procedures specified in the sUAS GOM. All altitudes reported to Air Traffic Control

(“ATC”) shall be in feet AGL.

4) The sUAS shall be operated within Visual Line-of-Sight (“VLOS”) of the pilot-incommand (“PIC”) and visual observer at all times. The PIC must use human vision

unaided by any device other than corrective lenses, as specified on the PIC’s FAAissued medical certificate.

5) All operations must utilize a visual observer. The visual observer may be used to satisfy

the VLOS requirement as long as the PIC maintains VLOS capability. The observer and

PIC must be able to communicate verbally at all times. The PIC must be designated

before the flight and cannot transfer his or her designation for the duration of the flight.

6) Any and all additional requirements identified in the exemption grant by the FAA shall

be added to the sUAS GOM. The sUAS GOM must be maintained and made available

to the Administrator upon request. If a discrepancy exists between the conditions and

limitations in the granted exemptions and the sUAS GOM, the conditions and limitations

in the granted exemptions shall take precedence and must be followed. Otherwise, the

operator must follow the procedures outlined in the GOM.

The operator may update or revise its sUAS GOM. It is the operator’s responsibility to

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

upon the request. The operator must also present updated and revised documents if it

petitions for an extension or amendment of the granted exemptions. If the operator

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

granted the exemptions, then the operator must petition for amendment to its

exemptions. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions

arise regarding updates or revisions to the sUAS GOM.
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7) Prior to each flight the PIC must inspect the sUAS to confirm that it is in a condition for

safe flight. The PIC shall not operate the aircraft if the inspection reveals a condition

that affects the safe operation of the sUAS until the necessary maintenance has been

performed and the sUAS is found to be in a condition for safe flight. The Ground

Control Station (“GCS”) shall be included in the preflight inspection. All maintenance

and alternations must be properly documented in the aircraft records.

8) Any sUAS that has undergone maintenance or alterations that affect the sUAS operation

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

functional test flight. The PIC who conducts the functional test flight must make an

entry in the sUAS aircraft records of the flight.

9) CEC must follow the manufacturer’s UAS aircraft/component maintenance, overhaul,

replacement, inspection, and life limit requirements, with particular attention to flight

critical components that may not be addressed in the manufacturer’s manuals.

10) CEC shall carry out their maintenance, inspections, and record keeping requirements, in

accordance with the manufacturer’s manuals and instructions. Maintenance, inspection,

and alterations must be noted in the aircraft logbook, including total flight hours,

description of work accomplished, and the signature of the authorized sUAS technician

returning the sUAS to service.

11) The PIC must make a record entry in the sUAS logbook or equivalent document of the

corrective action taken against discrepancies discovered between inspections.

12) The PIC must possess either an FAA 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 C.F.R. § 61.56 in an aircraft in which

the PIC is rated on his or her pilot certificate.

13) CEC will not permit any PIC to operate the sUAS unless and until that PIC has

demonstrated the ability to safely operate the sUAS in a manner consistent with how the

sUAS will be operated pursuant to this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

14) The sUAS shall not be operated directly over any person, except authorized and

consenting individuals, below an altitude that is hazardous to persons or property on the

surface in the event of a sUAS failure or emergency.
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15) Operating of the sUAS may be conducted at distances less than 500 feet from

participating persons, vessels, vehicles or structures that perform an essential function in

connection with these special purpose operations. Operations closer than 500 feet from

the PIC, visual observer, operator trainees, and essential persons, are permitted when

operationally necessary; but never so close as to present an undue hazard, per §

91.119(a).

16) Operation of the sUAS 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 sUAS 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

sUAS, flight operations must cease immediately in a manner ensuring the 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 it does not

present an undue hazard.

17) If the sUAS loses communications or loses its GPS signal, the sUAS must return to a

pre-determined location within the security perimeter and land or be recovered in

accordance with the manufacturer’s user manuals and the sUAS GOM.

18) The sUAS must abort the flight in the event of unpredicted obstacles or emergencies.

19) The PIC is prohibited from beginning a sUAS flight unless (considering wind and

forecast weather conditions) there is enough power to fly to the intended point of

landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

20) CEC shall obtain an Air Traffic Organization (ATO) issued Certificate of Waiver of

Authorization (COA) prior to conducting any operation. This COA will also require the

filing of the NOTAM not more than 72 hours in advance, but not less than 48 hours

prior to the operation.

21) All aircraft operated in accordance with the requested exemption must be identified by

serial number, registered in accordance with 14 C.F.R. Part 47, and have identification

(N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings shall

be as large as practicable.

22) Each sUAS must comply with all manufacturer System and Safety Bulletins.
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23) The radio frequency spectrum used for operation and control of the sUAS must comply

with Federal Communication (FCC) or other appropriate government oversight agency

requirements.

24) The documents required under 14 C.F.R. §§ 91.9 and 91.203 shall be available to the

operator at the Ground Control Station of the sUAS any time the aircraft is operating.

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

official upon request.7

25) The sUAS must remain clear and yield the right of way to all other manned operations

and activities at all times (including, without limitation, ultralight vehicles, parachute

activities, parasailing activities, hang gliders, etc.).

26) Operations shall occur under Visual Meteorological Conditions (VMC); flights under

special visual flight rules (SVFR) shall not be conducted.

27) sUAS shall not be operated from any moving device or vehicle.

28) sUAS shall 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.

29) Operations shall not occur in congested or densely populated areas. The sUAS may not

operate in Class B, C, D or E airspace without written approval from the controlling

authority. Operations will not be conducted within a 5 NM range of the geographic

center of an airport as denoted on a current FAA-published aeronautical chart unless

permission has been obtained from the local control tower or, in the case of a nontowered airport, written notice has been provided to the airport’s management, and the

operation is conducted in accordance with a NOTAM as required by the grant of this

exemption.

30) Take-off and landing operations shall be conducted over private and/or controlled-access

property (i.e. no unauthorized persons). Permission from the landowner, controller,

manager or authorized representative will be obtained for each flight to be conducted.

31) Any incident, accident, or flight operation that transgresses the lateral or vertical

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

7 This is consistent with an FAA Office of Chief Counsel Opinion, dated August 8, 2014, and prepared by Dean E.

Griffith, AGC-220, in which it was acknowledged that the intent of 14 C.F.R. § 91.9(b) and 91.203(a), (b) is met if

the PIC of the sUAS has access to the aircraft flight manual, registration certificate, and other required documents

from the ground control station from which he or she is operating the sUAS. Memorandum from Mark Bury, FAA

Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards

Service (Aug. 8, 2014); see also FAA Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-0352,

Exemption No. 11062, pp. 16-18.
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the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents shall be

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

on the NTSB Web site: www.ntsb.gov.

32) UAS operations may not be conducted during night, as defined by 14 C.F.R. § 1.1.
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APPENDIX C

FEDERAL REGISTRY SUMMARY

Pursuant to 14 C.F.R. Part 11, Olsson offers the following summary for publication in the

Federal Register, should publication be necessary:

Olsson Associates seeks an exemption from the following rules:

14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 91.7; 14 C.F.R. § 91.9(b)(2); 14

C.F.R. § 91.113; 14 C.F.R. § 61.113(a)-(b); 14 C.F.R. § 61.133(a); 14 C.F.R. §

91.119(c); 14 C.F.R. § 91.151; 14 C.F.R. § 91.203; 14 C.F.R. § 91.405(a)-(b); 14

C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1)-(2); and, 14 C.F.R. § 91.417(a).

Approval of these exemptions will permit Olsson to conduct commercial unmanned

aircraft systems (“UAS”) operations in a number of industries and applications. The

exemptions will enhance safety by reducing risk to the general public and property

owners from the risk and hazards associated with performing equivalent work through

conventional manned aircraft.