# VMDEVENTERBIACKLLP David P. Ferrell dferrell@vanblk.com www.vanblk.com

434 Fayetteville Street, Suite 2000 • P.O. Box 2599 • Raleigh, NC 27602-2599 • Office 919.754.1171 • Facsimilie 919.754.1317 February 19,2015

U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590 Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations- GSC Surveying, Inc. Dear Sir or Madam: Pursuant to Section 333 oftheFAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.P.R. Part 11, GSC Surveying, Inc. ("GSC"), the operator of Small Unmanned Aircraft Systems ("sUASs" or "UASs"), including the Hawkeye Mk-III by PrecisionHawk, Inc., in North Carolina, seeks an exemption from the Federal Aviation Regulations ("FARs") listedbelowand discussedinAppendixA. 1 GSC seeks exemptionfromthe listed F ARsto allow its use ofthe UASs in commercial operations with its clients, such as precision aerial surveys, including inthe areas ofconstruction, agriculture, mining, scientific studies, wildlife monitoring, forestry, and oil, power and gas industries, so long as such operations are conducted within and under the conditions outlined herein or as established by the FAA in an exemption granted under either Section 333 or Section49 U.S.C. §44701(£)2

. As discussed below, at pages 4-8, GSC is willing to abide by conditions the FAA has required in issuing recent Section 333 exemptions, specifically Exemptions 11109 (Clayco, Inc.) and 11110 (Trimble Navigation Ltd.). This agreement on GSC's part and the strong similarity of its operations to those approved in Exemptions 11109 and 11110 should give the FAA a basis for prompt consideration and processing ofthis request. Granting GSC'spetition for exemption will further the public interestby allowing GSC to safely, efficiently, and economically perform aerial acquisition and research over the State of North Carolinain support ofits clients in industries such as government entities, construction, agriculture, scientific studies, wildlife monitoring, and forestry, while also furthering the development ofthe state economy relatedto the oil, power, and gas industries. GSC proposes to use a small, lightweight UASs

- the Hawkeye Mk-III

- and cloud-based software to collect, process, and analyze aerial dataprincipally for purposes of precision surveying. In doing so, GSC would provide high quality and actionable information to

1 See Pub. Law 112-95, 126 Stat. 11, § 333 (2012). 2 GSC relies upon the following exemptions where specific reference to an exemption is not provided: Exemptions 11062 through 11067, 11080, 11109 through 11112, and 11114.

Norfolk • Richmond • Raleigh • Pasadena • Kitty Hawk • Hamburg, GermanyU.S. Department ofTransportation February 19,2015 Page 2

users. Indeed, use ofthe Hawkeye Mk-III would contribute to various social goods, from precision aerial surveys in constructionprojects to environmental protectionto improved crop yields. Inproviding this service, GSC would empower crop researchers and farmers to make bettermanagement decisions through software thatidentifies disease and insects, nutrient deficiencies, and materials for increasing yields withfewer resources. These developments would increase economic growth, which would be in the public interest. Operations underthe exemption will be subjectto strict operating requirements and conditions to ensure at least an equivalent level ofsafety to currently authorized operations using manned aircraft and under conditions as maybe modified bythe FAA as requiredby Section 333. By authorizing UAS operations, the FAA would advance the public interest by reducing the number ofmanned aircraft in the National Airspace System; reducing air and noise pollution; reducing the risk to life and property on the ground; and increasing agricultural economic growth. As described more fully below, the requested exemption would authorize commercial operations of aerial surveys using the Hawkeye Mk-III by PrecisionHawk, Inc., which with a maximumtake-offweight of5.5 lbs. is small in size. The Hawkeye Mk-III will be operatedunder controlled conditions at low altitude in airspace that is limited in scope, as described more fully herein; itwillhave automatedcontrol features, as describedherein. TheHawkeyeMk-III also will be operated by an individual possessing a private pilot certificate. Finally, the airspace in which the UAS will operate will be disclosedto the FAA in advance. GSC respectfully submitsthatbecausethis small, unmanned aerial vehicle -theHawkeye Mk-III- will be used in lieu ofcomparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence that the operations will achieve at least an equivalent level or greater level ofsafety. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities under Section 333(c) of the Reform Act to "establishrequirements for the safe operation ofsuch aircraft systems inthe national airspace system." The name and address ofthe applicant are: GSC Surveying, Inc. Attn: Greg Crowder, Owner 4072 BarrettDrive Raleigh, NC 27609 Ph: 919-787-5805 Email: greg@gscsurveying.com Theregulations from whichthe exemptionis requested are as follows: 14 C.F.R. § 61.113(a) & (b); 14 C.F.R. § 61.133(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.151(a); 2U.S. Department ofTransportation February 19,2015 Page 3 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 91.417(a) & (b) Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth inthis letter are appropriate, provide an equivalentlevel ofsafety, and are inthe public interest. Appendix Bprovides the requisite FederalRegister summary. SECTION 333 LEGAL STANDARD GSC submits that grant ofthis exemption application for use ofthe UASs in precision aerial surveys will advance the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of UASs into the national airspace system ("NAS") if it can be accomplished safely. This law directs the Secretary ofTransportationto consider whether certain UASs may operate safely intheNAS before completionofthe rulemaking required under Section 332 oftheReformAct. Inmakingthis determination, the Secretaryis requiredto determinewhich types ofUASs do not create ahazard to users oftheNAS orthe public orpose athreat to national security in light ofthe following:

• The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximityto airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator. ReformAct§ 333(a)(l). Ifthe Secretarydetermines that such vehicles "mayoperate safelyinthe national airspace system, the Secretary shall establishrequirements for the safe operation ofsuch aircraft inthe national airspace system." Id. § 333(c) (emphasis added). 3 The Federal AviationActexpressly grants the FAAthe authorityto issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 ofthe 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 ofa regulation prescribed under subsection (a) or (b) ofthis section or any ofsections 44702- 44716 of this title if the Administrator finds the exemption is in the public interest.

3 Applicant submits that 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 required modification to allow approval, to supply conditions for the safe operation ofthe UAS. GSC welcomes the opportunityto consult with FAA staffin order to address any issues or concerns that this proposal may raise that they believe may require modification. 3U.S. Department ofTransportation February 19,2015 Page4 49 U.S.C. §44701(±). See also 49 U.S.C. §44711(a); 49 U.S.C. §44704; 14 C.P.R.§ 91.203(a)(l). The grant ofthe requested exemption is in the public interest based on the clear direction in Section333 oftheReformAct; the additional authorityintheFederalAviationAct, 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 UASs for aerial surveying. Accordingly, the applicant respectfully requests that the FAA grant the requested exemptionwithout delay.4 EQUIVALENT LEVEL OF SAFETY The applicantproposesthatthe exemptionrequestedherein applyto civil aircraftthathave the characteristics andthat operate withthe limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structurebecausetheproposed operationsrepresenta safety enhancementto operationsthatwould be conducted with conventional aircraft. These conditions are drawn from Exemptions 11062 through 11067, 11080, 11109, and 11110. These limitations and conditions to which GSC (or "operator") agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1. Operations ofthe Hawkeye Mk-III are limitedto the aircraft describedinthe manuals filed with PrecisionHawk, Inc.'s application ("manuals")5

, which is a miniature propeller airplane built by PrecisionHawk that weighs less than six pounds (the "UA" or "UAS"). Proposed operations ofany other aircraft will require a newpetition or apetitionto amend this grant. 2. The UA maynotbe flown at an indicated airspeed exceeding 50 knots. 3. The UA may be operated at an altitude of no more than 400 feet above ground level ("AGL"), as indicated by the procedures specified inthe UAS manuals referenced herein. All altitudes reported to Air Traffic Control ("ATC") mustbe in feet AGL. 4. The UA must be operated within visual line ofsight ("VLOS") ofthe pilot-in-command ("PIC") at all times. This requires the PIC to be able to use human vision unaided by any

4 In filing this application, GSC also is requesting that the FAA combine the grant ofthe Section 333 exemption with astand-alone Certificate ofOperation ("COA'') that will allow commercial operations ofthe Hawkeye Mk-111 in North Carolina without the necessity offiling for a COA for each flight. Compliance with the conditions agreed to herein and that may be imposed by the FAA, as set forth in prior Section 333 exemptions, provide the separation needed from other aircraft. Notice to airmen and notice to air traffic control can be provided by the filing of a NOTAM as set forth within the proposed conditions. 5 PrecisionHawk's manuals and related materials for the Hawkeyes Mk-111 were submitted as confidential to the FAA with their application for exemption under Section 333, and GSC incorporates these materials herein by reference as iffully set forth herein. 4U.S. Department ofTransportation February 19,2015 Page 5 devise other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 5. All operations must utilize a visual observer ("VO"). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC mustbe ableto communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure thatthe VO canperformthe functions prescribed in the operator's manual. 6. The manuals must be amended to include all conditions and limitations required by the FAA. The manuals must be maintained and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations in the exemption and theprocedures outlinedinthe manuals, the conditions and limitations inthe exemption takeprecedence andmustbe followed. Otherwise,the operatormustfollowtheprocedures as outlined inthe manuals. The operatormayupdate orrevise the manuals. Itis the operator's responsibilityto track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents ifit petitions for an extension or amendment ofthis exemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operatormust petition for amendment to its exemption. 7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe 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. The ground control stationmustbe included inthe preflightinspection. All maintenance and alterations must be properly documented inthe aircraft records. 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 in accordance withthe operator'smanual. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records ofthe flight. The manuals include this requirement. 9. The preflight inspection section in the manuals includes the following requirement: the preflight inspectionmust account for all discrepancies, i.e., inoperable components, items, or equipment, not covered in the relevant preflight inspection sections ofthe operator's manual. 10. The operator must follow GSC's UA 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. 

### 5U.S. Department ofTransportation February 19, 2015 Page 6

11. Operator must carry out its maintenance, inspections, and record keeping requirements in accordance with the manuals. Maintenance, inspection, and alterations must be noted in the aircraft logbook, including total flight hours, description ofwork accomplished, and the signature ofthe authorized technicianreturning the UAS to service. 12. The authorized technicians must receive and document training referenced m the manuals.
13. Each UAS operated under the exemption must comply with all GSC system and safety bulletins. 14. Operator's maintenance personnel must make a record entry in the UAS logbook or equivalent document of the corrective action taken against discrepancies discovered between inspections. 15. The PIC must possess at least a private pilot certificate and a third-class airman medical certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. 61.56 as to the UAS. 16. The operator maynotpermit any PIC to operate unless thatPIC has demonstrated through GSC'straining and currency requirements thatthe PIC is able to safely operate the UA in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures. 17. Ifthe UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property and land or be recovered in accordance with the manuals. 18. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance withthe manuals. 19. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather conditions) there is enoughpower to fly to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 10 minutes. 20. The operator will file a request for aNotice to Airmen (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. 21. All aircraftoperatedin accordancewiththe exemptionmustbe identifiedby serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N-Number)

6U.S. Department ofTransportation February 19,2015 Page 7 markings in accordance with 14 C.P.R. part 45, Subpart C. Markings must be as large as practicable.
22. Before conducting operations, the radio frequency spectrumused for operationand control ofthe UA must comply with the Federal Communications Commission ("FCC") or other appropriate government oversight agency requirements. 23. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the ground control station ofthe UAS any time the aircraft is operating. These documents mustbe made availableto the Administrator or any law enforcementofficial uponrequest. 24. The UA must remain clear and yield the right ofway to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 25. The UAS may not be operated bythe PIC from any moving device or vehicle. 26. UAS operations may not be conducted during night, as defined in 14 C.P.R. 1.1. 27. All operations shall be conducted in Class G airspace. 28. All operations must be conducted under visual meteorological conditions ("VMC"). The UA may not be operated less than 500 feet belowor less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 29. During operations in Class G airspace, the UA may not operate within 5 nautical miles of the geographic center ofan airport as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport's management is obtained, and the operation is conducted in accordance with aNOTAM as required by the operator's COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 30. The UA may not be operated over congested or densely populated areas unless the conditions set forth in #31 are satisfied. Thesepopulated areas include, but are not limited to, the yellow areas depicted on World Aeronautical Charts ("WAC"), Sectional Aeronautical Charts ("Sectionals"), or Terminal Area Charts ("TAC"). However, aeronautical charts may not reflect pertinent local information. Ultimately, it is the PIC's responsibility to maintain the minimum safe altitudes required by § 91.119. 31. Operations must be conducted at least 500 feet from all nonparticipating persons (persons otherthan the PIC or VO), vessels, vehicles, and structures unless:

7U.S. Department ofTransportation February 19, 2015 Page 8

a. barriers or structures are present that sufficiently protect nonparticipating persons from debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises in which nonparticipating persons leave suchprotection and are within 500 feet ofthe UA, flight operations must cease immediately; and/or b. the aircraft is operated near vessels, vehicles, or structures where the land owner/controller has granted permission and the PIC has made a safety assessment of the risk ofoperating closerto those objects; and

c. operations nearthe PIC or VO do notpresent an undue hazard to the PIC orVO, per § 91.119(a). 32. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.
33. Inthe event COAs are required, any incident, accident, or flight operationthattransgresses the lateral or vertical boundaries ofthe 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 onthe NTSB Web site: www.ntsb.gov. Regardingprivacy, all flights will occuroverprivate orcontrolled access propertywiththe property owner's prior consent and knowledge. Inspection will be in areas where the owners will have consented to the inspections or otherwise have agreed to allow the UAS and the operator to be in the area where inspection will takeplace. No national security issue is raised by the grant ofthis exemption. Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives or other dangerous materials, the UAS poses no threatto national security. In summary, GSC seeks an exemption from the FARs set forth in Appendix A to operate commercially a small unmanned vehicle (55 lbs. or less) in precision aerial survey operations in North Carolina. Approval ofthis exemption for commercial aerial survey operations will enhance safetybyreducingrisk. Conventional operations, using jet or piston powered aircraft, operate at extremely low altitudesjust feet from the subject being inspected and in extreme proximity to people and structures. Such manned operations present the risks associated with vehicles that weigh in excess of6,000 lbs., carrying large amounts of jetA or other fuel. Such aircraft must fly to and from the projectlocation. In contrast, a UAS weighing fewer than six lbs. andpoweredby batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The UAS is carried to the target area and not flown. The UAS will carry no passengers orcrewand, therefore, willnotexposethemto therisks associatedwithmannedaircraft flights.

8U.S. Department ofTransportation February 19, 2015 Page 9 The operationofsmall UASs, weighing lessthan sixlbs., conductedinthe strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are under the control ofthe customer. As a result, they are far safer than conventional operations conducted with manned aircraft operating in close proximityto the ground and people. Satisfaction ofthe criteria provided in Section 333 of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airports and populated areas, and operation within visual line ofsight and national security- provide more than adequatejustification for the grant of the requested exemptions allowing commercial operation of applicant's UAS for the purposes outlined herein and are consistent with exemptions already granted, including Exemptions 11062 through 11067, 11080, 11109 through 11112, and 11114. Sincerely, VANDEVENTER BLACK LLP

David P. Ferrell Counsel for GSCSurveying, Inc.

9APPENDIX A EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECT TO EXEMPTION

GSC requests an exemption from the following regulations as well as any additional regulations thatmaytechnically applyto the operation ofthe UAS describedherein, includingbut not limited to regulations requiring manuals, certificates, and other similar items to be carried on an aircraft: 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 UAS in this case1is 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 be pilot in command of any aircraft for compensation or hire. GSC respectfully proposes that operator requirements should take into account the characteristics ofthe particular UAS. The Hawkeye Mk-III has a high degree ofpreprogrammed control and various built-in technical capabilities that strictly limit the potential for operation outside ofthe operating conditions set forth in the exemption application. The UAS has an autonomous navigation and control system. Flights are pre- programmed with precision GPS guidance and do not require human intervention. In the case ofunplanned events, the operator can manually intervene to take one ofthe following actions: (i) command the aircraft to begin to autonomously return to the recovery area and land; (ii) command the aircraft to autonomously return to the recovery area where the pilot will assume control and land the aircraft; or (iii) manually assume control ofthe aircraft viathe hand controller and return the craft to the recovery area where the operator lands it. Additional automated safety functions and safety enhancing features ofthe UAS include the following:

• Auto-pilot detection of lost GPS or of insufficient satellites initiates a stand-by loiter pattern until such time as GPS is re-established or the PIC assumes manual control ofthe aircraft. • Low battery power on the aircraft (10.4 volts) triggers the landing sequence and the craft will fly to the recovery area.

1 PrecisionHawk's manuals and related materials for the Hawkeyes Mk-111 were submitted as confidential to the FAA 'Nith their application for exemption under Section 333, and GSC incorporates these materials herein by reference as iffully set forth herein. Representations contained herein are based on GSC's understanding of PrecisiorHawk's Hawkeye Mk-111 and representations PrecisionHawk has made about the Hawkeye Mk-111 in its application. 1• Ifthe auto-pilot detects a lost-linkto the ground control stationfor longerthan30 seconds, landingprocedure begins. • The aircraft, weighing fewer than 6 lbs., fully loaded, is constructed offoam, which is intended to absorb impact energy. • In the eventthe ground stationreaches a lowpower state, it will alert the pilot. Giventhese safetyfeatures, GSC proposes that operators ofthe UAS should notbe required to hold a commercial pilot certification. Instead, operators should be required to hold only a private pilot certification. The risks associated with the operation of the UAS (given its size, speed, operational capabilities, and lack ofcombustible fuel) are so diminished from the level ofrisk associated with commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft) that allowing operations ofthe UAS as set forth above meets or exceeds the present level ofsafetyprovidedunder 14 C.P.R.§ 61.113(a) & (b) and does notrisetothelevel ofrequiring a commercial pilotto operate the aircraftunder§ 61.133(a). Given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation ofthe UAS with a private pilot's certificate, under the conditions set forth in the exemption request. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 11109, and 11110. 14 C.F.R. § 91.7(a): CivilAircraftAirworthiness. This regulationrequires thatno personmay operate a civil aircraftunless it is in airworthy condition. Should the exemption be granted allowing commercial operation ofthe UAS without an airworthiness certificate, no standard will existfor airworthiness oftheUAS. Given the size of the aircraft and the requirements that the operator has agreed to as relates to airworthiness, as set forth in the UAS manuals referenced herein, an equivalent level of safety will be achieved by ensuring compliance with the UAS manuals referenced herein prior to each flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 11109, and 11110. 14 C.F.R. § 91.119(c): 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 sparselypopulated areas. In those cases, the aircraft may not be operated closerthan 500 feet to any person, vessel, vehicle, or structure. As set forth herein, the UAS will never operate at higher than 400 feet AGL. It will, however, be operated to avoid congested or populated areas that are depicted in yellow on VFR sectional charts. Because aerial survey workmustbe 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 ofsafety will be achieved given the size, weight, speed, and material withwhichthe UAS is built. Also, no flight will be taken withoutthe permission ofthe landowner
2orthosewho controlthe landas well as local officials. Becauseofadvancenoticeto thelandowner, all affected individuals will be aware ofthe survey flights. Compared to aerial survey operations conducted with aircraft orrotorcraft weighing far more than 5.5 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than the risks currently posed by conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations of the UAS will maintain separation between these small-UAS operations and the operations of conventional aircraftthatmust comply with Section 91.119. The FAA has granted exemptions to conduct similar operations inExemptions 11062 through 11067, 11080, and 1110. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (consideringwind and forecast weather conditions)there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed

- (1) During the day, to fly afterthat for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." GSC understands that the batteries powering the UAS provide approximately 60 minutes ofpowered flight. Without an exemption from § 14 C.P.R. 91.151, the UAS's flights would be limited to approximately 30 minutes in length. Given the limitations on its proposed operations and the locationofthoseproposed operations, a longertime frame for flight in daylightVFRconditions is reasonable. GSC believes that an exemption from 14 C.P.R. § 91.151(a) is safe and within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the small UAS without 30 minutes ofreserve fuel does not engenderthetype ofrisks that Section 91.151(a) was meantto prevent giventhe size and speed at whichtheUAS operates. Thefactthatitcarriesnopilot,passenger, orcargo also enhances its safety. Limiting UAS flights to 30 minutes would greatly reduce their utility. In the unlikely eventthattheUAS achieves a lowbattery state (10.4 volts), itwould simplyland. Givenits weight and constructionmaterial, therisks are less than contemplatedbythe currentregulation. GSC believesthat an equivalentlevel ofsafety canbe achievedbymaintaining 15 minutes ofreserve fuel, which, allowing 45 minutes offlight time, would be more than adequate to return the UAS to its planned landing zone from anywhere in its operating area. Similar exemptions have been granted to other operators, including Exemptions 2689F, 5745, 10673, 10808, and Exemptions 11062 through 11067, 11080, 11109, 1110, and 11112. 14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall betweenrequired inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 4 3 of this chapter

...." Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires anannual inspection for the issuance ofan airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that

3has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval ofthe aircraft for return to service. Maintenance ofthe UAS will be accomplished pursuant to the UAS manuals referenced herein. An equivalent level ofsafety will be achieved because the UAS is small in size, will carry a small payload, will operation only in restricted predetermined areas and is not a complex mechanical device. Asprovidedinthemanuals,the operatorwill ensurethattheUAS is inworking order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance that is performed; moreover, the operator is the person most familiar with the aircraft and is best suited to maintainthe aircraftinan airworthy condition andto ensure an equivalentlevel ofsafety. The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080, 11109, 11110, and 11112.

4APPENDIXB SUMMARY OF GSC SECTION 333 EXEMPTION REQUEST

For publication in the Federal Register, GSC hereby provides pursuant to Part 11 a summary ofits exemptionapplicationto allowcommercial operationby GSC oftheHawkeyeMkIII unmanned aircraft in precision aerial survey work. An exemption is requested from the following regulations:

14 C.F.R. § 61.113(a) & (b); 14 C.F.R. § 61.133(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.15l(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 91.417(a) & (b)

4812-5447-4785, v. I

1