Direct Dial: 703.760.5204

kpomfret@williamsmullen,com
October 29, 2015
U.S. Department of Transportation Docicet Management System 1200 New Jersey Ave., SE Washington, D.C. 20590
Re: 

### Section 333 Exemption Request
Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"), Pictometry International Corp. ("Petitioner") hereby applies for an exemption from the Federal Aviation Regulations ("FARs") described in 

### Section VII below, a Certificate of Waiver and Authorization ("COA") and any other exemptions necessary to allow the Petitioner to operate the small Unmanned Aircraft Systems ("UAS") described in 

### Section IV for commercial aerial data collection purposes, as more fully described in 

### Section IX below.
I. Backfzround on Petitioner Petitioner, an EagleView Technology Corporation, invented the technology behind georeferenced aerial oblique image capture, providing powerful high-resolution aerial imagery and analytical tools for assessment, GIS, public safety, emergency response and overall visualization needs. It has been the market leader for over 12 years in the government space, with a fleet of 89 aircraft, and with over 1,100 county customers, as well as state and, federal (including Department of Homeland Security and Civil Air Patrol), and local customers. The company also services infrastructure, insurance and other commercial industries. The company is a leader in providing aerial imagery to the public safety community with its 9-1-1 integrations, post disaster aerial imaging and search and rescue tools.
II. Contact Information The contact information for Petitioner is set forth below: Charles Mondello President, Property Drone Consortium, Co. and Chief Strategist, EagleView Technologies, Inc. 100 Town Center Drive Rochester NY 14623

8300 Greensboro Drive, Suite 1 100 Tysons Corner, VA 22102 T 703.760.5200 F 703.748.0244 williamsmullen.com I A Professional Corporation.:

U.S. Department of Transportation Docket Management System October 29, 2015 Page 2



### III. Request for Exemption to Use UAS for Commercial Inspections Petitioner is requesting the exemption to use the UAS for several commercial purposes. These include:
A. Commercial and Residential Building Inspection Petitioner proposes to use the UAS to inspect commercial and residential buildings and property under controlled conditions. These conditions will include (i) obtaining the permission of the owners of the property or authorized representatives, (ii) utilizing geofencing when available, and (iii) taking steps to protect persons and property. The purpose of these operations will be to gather various types of data on the buildings and property to incorporate into Petitioner's workflow and products.
B. Infrastructure Inspection Petitioner also proposes to use the UAS to monitor and inspect fixed assets, infrastructure and equipment for the energy, telecommunications and transportation industries such as pipelines, towers and lines of communication and transportation. These operations will also be conducted under controlled conditions, which will include obtaining the permission of property owners or authorized representatives, geofencing and safety measures for persons and property.
C. Pre/post-Disaster Data Collection Petitioner also wishes to utilize the UAS to collect data both prior to and following natural disasters such as hurricanes, fires and floods. Petitioner recognizes the need to balance the value of that data to first responders and other parties, with the need to defer to those conducting search and rescue operations. As a result, Petitioner will coordinate with appropriate government authorities (federal, state and local) as well as appropriate aviation authorities and will defer to those authorities at all times. In addition, Petitioner proposes to use the UAS for other types of aerial data collection as permitted by the Administrator under Section 333. Such aerial data collection shall include any remote sensing and measuring by an instrument(s) aboard the UAS. Since there are no novel issues associated with the use of the UAS for these purposes, the Petitioner requests that this request for exemption be considered on an expedited basis. In that regard, Petitioner notes that the FAA has previously granted exemptions for the UAS.U.S. Department of Transportation

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### IV. Ilnmanned Aireraft Systems
A. Microdrone md4-1000 The md4-1000 is a battery powered quadcopter weighing less than 6 kg, including payload. It lias a maximum speed of 26 mph and a maximum flight operating endurance of 88 minutes. Its flight and navigation controller centers on an inertial measurement unit, consisting of an accelerometer and a gyroscope for each axis, supplemented by a 3-axis tnagnetometer, a barometric altitude sensor and a GNSS receiver. With all these sensor readings put together, the md4-1000 is able to fly self-stabilized with GNSS Position Hold. As soon as there is no input from the operator, the md4-1000 will stay on the spot, waiting for the next command. It is possible to let the md4-1000 hover in the sarne spot for several minutes. The aircraft is operated using a remote control ground station and is capable of setting pre-programmed distance and height limits. In the event of a loss link, GPS failure or law battery condition, the aircraft can be programmed to descend and land or return to home.
B. Aerialtronics Altura Zenith ATX8 The Altura Zenith ATX8 is a multi-rotor aircraft built with a monocoque carbon airframe. The Zenith has a 5.6 kg take-off weight and a maximum payload of 2.9 kg. The Zenith carries a 16.600 mAh battery, which facilitates up to 45 minutes of flight-time. It can be flown with either a radio or tablet and carries a variety of payloads. The Zenith has a. maximum cruise speed of 20 m/s. It features auto-takeoff and landing, auto go home and landing, GPS waypoint navigation, direction lock, and GIS mapping. Specifications include:

• Length x Width: 23.6" x 23.6" • Height: 13.7" — 21.6" tall • Weight: 7.7 lbs., without payload (less than 15 lbs, with payload)
C. DJI Phantom 2 The DJI Phantom 2 is a multi-rotor copter that that will weigh less than 55 lbs. when fully loaded. It will be operated at a maximum speed of less than 50 mph and a flight time of no more than 20 minutes. If its communications with the PIC is lost, the safety system will allow it either to hover in place and slowly descend or to return to a predetermined point.
D. DJI Phantom 3 The DJI Phantom 3 is a multi-rotor copter that that will weigh less than 55 lbs. when fully loaded. It will be operated at a maximum speed of less than 50 mph and a flight time of no moreZ~IU ~. ~ ~: ►

U.S. Department of Transportation Docket Management System October 29, 2015 Page 4
than 20 minutes. If its communications with the PIC is lost, the safety system will allow it either to hover in place and slowly descend or to return to a predetermined point.
B. 

### DJI Ins ire 1 The DJI Inspire is a inulti-rotor copter that will weigh less than 55 lbs. when fully loaded. It will be operated at a maximum speed of less than 50 mph and a flight time of no more than 20 mirnrtes. Its safety system will allow it either to hover in place and slowly descend if communication with the PIC is lost or to return to a predetermined point. 

### F. Precision Hawk Lancaster 3 The PrecisionHawk Lancaster is a fixed-wing vehicle that will weigh less than 55 Ibs. when fully loaded. It will be operated at no more than 100 mph. It contains onboard flight diagnostics that allow it to adjust flight patterns when needed.
G. senseFlv eXom The senseFly eXom is a multi-rotor copter vehicle that will weigh less than 55 lbs. when fully loaded. It will be operated at no more than 100 mph. 

### H. Parrot Bebop The Parrot Beebop is a multi-rotor copter that will weigh less than 55 lbs. when fully loaded. It will be operated at no more than 100 mph. It will automatically land when the battery gets low. 

### 3DR Iris+ 'The 3DR Iris+ is a multi-rotor copter that will weigh less than 55 lbs. when fully loaded. The system includes geofencing capabilities and a toggle switch that sends a command for it to return its launch point.
J. 

### 3DR Solo The 3DR Solo is a multi-rotor copter that will weigh less than 55 lbs. when fully loaded. The system includes geofencing capabilities and a toggle sw'rtch that sends a command for it to return its launch point.U.S. Department of Transportation

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Each of the UAS set forth above have operating manuals, maintenance schedules and training procedures (collectively, the "Operational Documents"). Petitioner will comply with each of the Operational Documents. Copies of each can be made available upon request.
V. Statutory Authority for Reguested Exemptions This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Pursuant to Section 333 of the Reform Act, the Federal Aviation Administration (FAA) Administrator (the "Administrator") is to permit operation of an unmanned aircraft system where it does not create a hazard to users of the national airspace system (NAS) or the public or pose a threat to national security. Moreover, the Federal Aviation Act grants the Administrator general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides such a requested exemption is in the public interest. 

### See 49 U.S.C. §§ 106(f), 44701 -44716, 

### et seq. A party requesting an exemption must explain the reasons why the exemption: (i) would benefit the public as a whole, and (ii) would not adversely affect safety or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81.
VI. Safety Measures and Public Interest Benefits As described in more detail in 

### Section IX , the Petitioner will take measures to ensure such operations will not create a hazard to aviation or the public. Flights will be conducted under 400 feet AGL thereby avoiding interference with users of the NAS. Flights will be suspended immediately to yield right-of-way to any other aircraft. Geo-fencing will be utilized when available to ensure that a UAS does not fly outside of the intended area. The site will be secured and only authorized personnel will be permitted on the grounds. Given the size and speed of the UAS, the controlled nature of the locations being used and the lack of explosive materials or flammable jet fuels, the operations will not pose a threat to national security. There are a number of reasons why granting the Petitioner's request to operate the UAS for commercial aerial data collection is in the public interest. For example, use of UAS in this manner will make conditions for insurance claim representatives safer. Today claim representatives must climb onto a roof for data collection. Such activities are inherently dangerous as each year claim handlers are injured due to falls from roofs. Claim handlers will be able to reduce their exposure to such hazards by using a UAS. In addition, they will be able to obtain the data necessary to make accurate assessments of a roof more quickly. Similarly, utilization of UAS to inspect construction, telecommunication and energy physical assets will result in enhanced safety for individuals, cost savings and greater efficiencies in large and critical industries.., . ..

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VII. Specific Sections from Which Petitioners Seek an Exemption Based upon the information provided and the exemptions that the FAA has already granted pursuant to Section 333, the Petitioner requests the following exernptions: 

### 14 C.F.R. § 

### 61.23(a) 14 C.F.R. § 61.23(c) 14 C.F.R. § 61.101.(e)(4) 14 C.F.R. § 61.101(e)(5) 14 C.F.R. § 61.113(a) 14 C.F.R. § 61.315(a) 14 C.F.R. § 91.7(a) 14 C.F.R. § 91.119(c) 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a) 14 C.F.R. § 91.405(a) 14 C.F.R. § 91.407(a)(1) 14 C.F.R. § 91.409(a)(1) 14 C.F.R. § 91.409(a)(2) 14 C.F.R. § 91.417(a) 14 C.F.R. § 

### 91.417(b)
VIII. Justifications for Each Exemption Request

14 C.F.R. § 61.23(a), 14 C.F.R. § 61.23(c), 14 C.F.R. § 61.101(e)(4), 14 C.F.R. § 61.101(e)(5), 14 C.F.R. § 61.113(a) and 14 C.F.R. § 61.315(a). Petitioner notes that FAA requires the Pilot in Command (PIC) to hold either an airline transport, commercial, private, recreational or sport certificate pilot license and either 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. Petitioner will ensure that its PICs will satisfy each of these requirements. Since Petitioner's PICs will be operating UAS under the same conditions as those previously granted, an equivalent level of safety will be met by granting these exemptions.
2. 14 C.F.R. § 91.7(a) Civil aircraft worthiness. Section 91.7(a) requires that an operator determine an aircraft is in airworthy condition before a flight. Petitioner requests relief from this section provided that the operator of the UAS determines prior to each flight that the aircraft is in compliance with the applicable Operational Documents. Such pre-flight inspection will provide the equivalent level of safety as thatLTA. 

### : KAu I

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provided by this section. Petitioner notes that the Administrator has granted relief from this section in previous exemptions.
3. 14 C.F.R.9c) Minimum safe altitudes over congested and other areas. Section 91.119(c) establishes safe altitudes for operation of civil aireraft over areas other than congested areas. The Petitioner requests relief from this section with respect to those participating persons, vehicles, and structures directly involved with data collection. The UAS will never operate at higher than 400 AGL. It will be operated in a controlled area, where buildings and people will not be exposed to operations without prior consent. Relief from this section is warranted as operations will be conducted with adequate safety provisions as outlined herein and in the applicable Operational Documents. As a result, ari equivalent level of safety will be met by granting this exemption. Petitioner notes that the Administrator has granted relief from this section in previous exemptions.
4. 14 C.F.R. § 91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set ". .. to the elevation of'the departure airport or an appropriate altimeter setting available before departure." An exemption from this section may be needed if the tJAS does not have a barometric altimeter but instead has a GPS altitude read out. An equivalent level of safety will be achieved by the operator, pursuant to the applicable Operational Documents, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. As a result, an equivalent level of safety will be met by granting this exemption. Petitioner notes that the Administrator has granted relief from this section in previous exemptions. 14 C.F.R. § 91.151(a) Fuel requirements for flight in VFR conditions. Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane Linder 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." Complying with the 30 minute reserve would severely limit the length of the Petitioner's tJAS flights and hamper the ability to conduct data collection. Given the limitations on the UAS's proposed flight area, a longer time frame for flight in daylight conditions is reasonable. Operating the UAS in a tightly controlled area, where only people or off"icial representatives who have signed waivers will be allowed, does not raise the type of risks that this section was intended to address, particularly given the size and speed of the UAS. Petitioner believes that anU.S. Department of Transportation

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equivalent level of safety can be achieved by limiting flights to 50 minutes or 20% of battery power, whichever happens first.
6. 14 C.F.R. § 91.405(a) Maintenance required; 14 C.F.R. § 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding or alteration; 14 C.F.R. &S 91.409(a)(1) and (2) Inspections; 14 C.F.R. 91.417(a) and (b) Maintenance records. Maintenance will be accomplished by the operator pursuant to the applicable Operational Documents. An equivalent level of safety will be achieved because the UAS are very limited in size and will carry a sinall payload and operate only in restricted areas for limited periods of time. If inechanical issues arise, the UAS will be operating from no higher than 400 feet AGL and can immediately lan.d. As provided in th.e applicable Operational Documents, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. As a result, an equivalent level of safety will be met by granting this exemption. Petitioner notes that the Administrator has granted relief from this section in previous exemptions.
7. Additional Relief. In addition to the exemptions listed above, the Petitioner requests exemption from such other rules and regulations as the FAA deems appropriate to enable the operations described herein. Since previous exemptions granted under Section 333 of the Reform Act have been effective for two years, the Petitioner also requests that if the FAA issues interim or final rules applicable to the operation of any UAS included herein after the Petitioner receives a Grant of Exemption that any conditions and limitations required in such Grant that are more burdensome than the new regulation be appropriately modified or removed. 

### IX. Onerating Parameters for UAS Use Petitioner proposes that if the requested exemptions are granted, it will operate the UAS under the following conditions:U.S. Department of Transportation

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UAS operations will be conducted by a PIC. The PIC shall hold an airline

transport, commercial, private, recreational, or sport pilot certificate. The PIC also will hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The UAS will be in visual line of site (VLOS) of the PIC at all times.
2. All UAS operations will utilize a visual observer ("VO"). The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding air traffic and other ground-based obstacles/obstructions. The PIC and VO will be able to communicate verbally at all times.
4. Petitioner will rely on the UAS vendor(s) to provide a pilot qualification program, including a training program incorporating proper aircraft operations and safety standards. The PIC and the VO will have obtained the necessary qualifications/training. A record of completion of this qualification process will be documented and inade available to the Administrator upon request.
5. UAS will not be f7own at ground speeds exceeding 50 mph.
6. Flights will be operated at an altitude of no more than 400 feet above ground level.
7. Each UAS operation will be completed within 50 minutes flight time or with 20% battery power remaining, whichever occurs first. At 30% battery the UAS will enter a return and land sequence; at 20% it will land immediately. UAS will not be operated over any person (other than participating personnel) at an altitude that is hazardous to persons or property on the surface in the event of a UAS failure or emergency. UAS will be operated at a distance from participating buildings of at least 10 feet. Operations will be conducted at least 500 feet from nonparticipating persons or buildings, unless barriers are in place to provide adequate protection.
9. The UAS will abort the flight in the event of unpredicted obstacles or emergencies in accordance with the applicable Operational Document.
10. The UAS will remain clear and yield the right of way to all other manned operations and activities at all tirnes.U.S. Department of Transportation

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11. UAS operations will not be conducted during night.
12. The UAS will not be operated by the PIC from any moving device or vehicle.
13. The UAS will 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.
14. The applicable Operational Documents and all documents required under 14 C.F.R. § 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents will be made available to the Administrator upon request.
15. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB).
16. The operator will follow the procedures as outlined in its applicable Operational Documents.
17. Prior to each flight, pilot will inspect the UAS to ensure it is in condition for safe flight. If the inspection reveals a discrepancy, the aircraft will be prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.
18. Operations will not be conducted over congested or densely populated areas.
19. All operations will be conducted over private or controlled-access property with permission from the land-owner/controller or authorized representative. Permission from the land-owner/controller will be obtained for each flight to be conducted.
20. All maintenance and alterations will be properly documented in the aircraft records. 21. Any UAS that undergoes maintenance or alterations that affect the UAS operation or flight characteristics will undergo a functional flight test in accordance with the applicable Operational Documents.

### 1ViVINX

II 

### a lI= ~uE-~ua.~l~~ai1~1 U.S. Department of Transportation Docket Management System October 29, 2015 Page 11

22. Petitioner will institute a rigorous maintenance program to ensure airworthiness of

the UAS. Operator will follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.
23. Bach UAS will comply with all manufacturer Safety Bulletins.
X. Summary to be Published in Federal Register


### Petitioner: Pictometry International Corp. 

### Sections of 14 C.F.R. Affected: § 61.23(a); § 61.23(c); § 61.101(e)(4); § 61.101(e)(5); § 61.113(a); § 61.315(a); § 91.7(a); § 91.119(c); § 91.121; § 91.151(a); § 91.405(a); § 91.407(a)(1); § § 91.409(a)(1) and (2); § § 91.417(a) and (b). 

### Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. § 61.23(a); 14 C.F.R. § 61.23(c); 14 C.F.R. § 61.101(e)(4); 14 C.F.R. § 61.101(e)(5); 14 C.F.R. § 61.113(a); 14 C.F.R. § 61.315(a); § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); 14 C.F.R. §§ 91.417(a) and (b) to conduct commercial aerial data collection as further described in Section I1I, subject to operating procedures that meet or exceed those that FAA requires for similar operations.
XI. Conclusion Satisfaction of the criteria provided in Section 333 of the Reform Act regarding size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security, provide more than adequate justification for the grant of the requested exemption allowing operation of Petitioner's UAS for the purposes set forth herein. Please contact Petitioner's outside counsel, Kevin D. Pomfret at 703-760-5204 or kpomfret@


# _ wi11Jamsrnul1en.com williamsmullen.com with any questions about this filing. Sincere -y,



## ~ ~, ~ ✓ ~~ Kevin D~ Pomfret
KDP/kmb

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