U.S Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20S90

Great Lakes Geomatics, LLC Martin Dunn, P.S., Managing Member 12504 Stephens Rd. Warren, Ml 48089 586.755.5770 PROFESSIONAL SURVEYORS • 3D LASER SCANNING

Re: Petition for Exemption under Section 333 ofthe FAA Modernization and Reform Act and Part 11 ofthe Federal Aviation Regulations. Great Lakes Geomatics (GLG) petitions for Grant of Exemption for the following Sections per the above referenced Act.



# • 14 C.F.R Part 21 

# • 14 C.F.R 45.23 0 14 C.F.R 45.29 0 14 c.F.R 61.23 

# • 14 C.F.R 61.3 

# • 14 c.F.R 61.113 (a) 

### & (b) 0 14 C.F.R 61.133 (a) 

# • 14 c.F.R 91.7(a) 

# • 14 C.F.R 91.9 

# • 14 C.F.R 91.109(a) 

# • 14 C.F.R 91.119 

# • 14 CFR 91.121 

# • 14 c.F.R 91.151(a) 

# • 14 C.F.R 91.203 (a) 

### & (b) 

# • 14 c.F.R Subpart E (91.405-91.417) Great Lakes Geomatics is a company with over 28 years of experience in land surveying and 13 years specializing in 3D laser scanning. Due to our background in mapping and 3D modeling we would use our UAS for aerial videography and cinematography to complement our construction staking and as-builts, aid in mapping, access areas that are unsafe for field personnel, real estate, and site documentation. We will be using a DJI Phantom II with a GoPro camera mounted to the bottom ofthe UAS. The DJI Phantom II is a quad-copter weighing approximately three pounds (3 lbs.). It is equipped with four rotors and is battery operated. THE DJI Phantom II is equipped with internal GPS that allows the UAS to hover and return home if radio contact is lost or power is low. We have flown multiple practice flights as hobbyists in
12504 Slepl1ens • Warren Ml 48089 • (586) 755-5770 Ollice • (586) 755-5774 Fax •www.greallakesgeomalics.comPROFESSIONAL SURVEYORS • 3D LASER SCANNING remote areas to get a general understanding ofthe operation of UAS and its abilities in different weather conditions. Safety is the main reason why we have opted to use this particular UAS as it is a safer alternative than operating a larger fuel powered aircraft that would require on-board operators. We believe that having a state issued driver's license would be sufficient to operate our UAS along with atraining course from a certified UAS operator. All of our pilots in charge (PIC} will have taken these courses along with a valid license. The course covers weather requirements, ground training, emergency procedures, flight operations and limitations. The training will also cover flight logs and flight documentation. In addition to the training, all ofour PICs will have a minimum of30 hours flight time operating our particular multi-rotor UAS. If UAS usage low, we will make sure our PICs have at least three 'take-offs' and 'landings' per month. Our UAS will undergo safety inspection prior to any flight and will regularly go in for maintenance to a certified supplier. All flights will require an additional person on the ground observing the UAS and operator to ensure safety requirements and flight limitations are not exceeded. We will not fly our UAS over 400 feet, within a 1000 feet ofthe PIC, or within 5 miles of an airport unless we are in direct radio contact with the control tower. We will land the UAS prior to battery level reaching its mandatory self-landing time. We will post all flights on Notams and will contact all local residence about ourflight path. When flying, we will post signage (AERIAL PHOTOGRAPHY IN PROGRESS) to let the general public know there is a UAS in the area. Prior to flight operation, we will run through a systems check and safety protocol to ensure that all components are working correctly. Our flights typically last a maximum of twenty minutes and include short flight paths. The interest in small UAS that capture photogrammetry and cinematography has increased recently due to lower cost than that of atypical photogrammetric fixed wing aircraft or helicopter. We feel that by using our UAS for business purposes we can add great benefit to our clients and the general public at a much lower cost. Another benefit is the safety and lesser ecological impact than that ofyour typical petroleum powered aircraft. We believe that with these exemptions granted, we can provide an added value to our customers. Please see the attached annex with the specific exemptions we are applying for and the reasons we feel they should be granted. Sincerely,

# ~~ Martin 

### C. Dunn PS Principal Great Lakes Geomatics, LLC 12504 Stephens Warren, Ml48089 586.755.5770 mcdunn @greatlakesgeomatics.com 12504 Stephens, Warren Ml 48089 • (586) 755-5770 Office • (586) 755-5774 fax •www.greattakesgeomatics.comPROFESSIONAL SURVEYORS • 3D LASER SCANNING Annex

EXEMPTION REQUEST AND EQUIVAlENT lEVEl OF SAFETY SHOWINGS UNDER APPliCABlE RUlES SUBJECT TO EXEMPTION GlG requests an exemption from the following regulations as well as any additional regulations That maytechnically apply to the operation ofthe DJI Phantom II UAS:
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR 91.203 Section 91.203 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). 

### Given thesize ofthe UA 

### V, their very light weightand the limited operating area associated with its utilization, it is unnecessary to go through the certificate ofairworthinessprocess underPart 21 Subpart Hin order to achieve or exceedcurrentsafetylevels. Such an exemption meets the requirements ofan equivalent level of safetyunderPart 11 and Section 333 ofthe ReformAct. The FederalAviationAct andSection 333 ofthe ReformActboth authorize the FAA to exemptaircraftfrom the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, andproximity to airports and populatedareas ofthe UAS involved. An analysis ofthese different criteria demonstrates that the UAS operatedwithoutan airworthiness certificate, under the conditionsproposedin that exemption, will be atleast as safe, orsafer, than a conventional aircraft with an airworthiness certificate.
14 C.F.R. § 45.23 

### & 14 C.F.R. § 45.29: Display of marks; size of marks These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAl" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. 

### Given the size ofthe UAS, this requirement is impossible to match.

12504 Stepl1ens •**Wa~en** Ml 48089 • (586) 755-5770 Office • (586) 755-5774 Fax • www.greallakesgeomatics.comPROFESSIONAL SURVEYORS • 3D LASER SCANNING

14. CFR §61.23: Medical certificates: Requirement and duration Regulations provide that a person: (1) Must hold a first-class medical certificate: • When exercising the pilot-in-command privileges of an airline transport pilot certificate; • When exercising the second-in-command privileges of an airline transport pilot certificate in a flag or supplemental operation in part 121 ofthis chapter that requires three or more pilots; or • When serving as a required pilot flight crew member in an operation conducted under part 121 ofthis chapter ifthe pilot has reached his or her 60th birthday. (2) Must hold at least a second class medical certificate when exercising: • Second-in-command privileges of an airline transport pilot certificate in part 121 ofthis chapter (other than operations specified in paragraph (a)(1)(ii) ofthis section); or • Privileges of a commercial pilot certificate 

### Given the size ofthe UAS, theirstructure, the limited flight area, and the safety features integratedin the autopilot (among others aflight termination system), GLG believes thatan Equivalent Level of Safety can be reached 

## ifthe operatorhas a validdriver's license. 14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and limitations; Pilot in Command; Commercial Pilot Privileges and limitations The regulation provides that no person may serve as a required pilot flight crew member of a civil aircraft ofthe United States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges ofthat pilot certificate or authorization. However, when the aircraft is operated within aforeign country, a pilot license issued by that country may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; (2) The aircraft does not carry passengers or property for compensation or hire.

12504 Slephens • Warren Ml48089 • (586) 755-5770 Office • (586) 755-5774 Fax • www.greaflakesgeomafics.cornPROFESSIONAL SURVEYORS • 3D LASER SCANNING



### Given the safety features ofthe UAS and thefact that the missions arepre-programmedand monitoredin real-time with a specificflight managementsoftware, GLGproposes that operators ofthe UAS shouldnotbe required to holda commercial orprivatepilot certification. Instead, operators shouldbe required to:

• Have completed the UAS manufacturers trainingprogramfor operation ofthe UAS. The manufacturer's trainingprogramfor OJ/Phantom II operators has been alreadysatisfactorily reviewed through theApplicationforAirworthiness Qualification Level (AQL} 3 Airworthiness Release (AWR). The equivalent level ofsafety will be achievedbyhaving an operator trained UAVs manufacturer, and using the integrated features ofthe aircraft to maintain a high level of safetyduring the different missions. 14 C.F.R. §91.7(a): Civil aircraft airworthiness Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1 ). 

### Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemptionfrom Part 21 Subpart Hmeets the requirements ofan equivalent level of safety under Part 11 andSection 333 ofthe ReformAct. The FederalAviationAct (49 U.S.C.§44701 (f)) andSection 333 ofthe ReformActboth authorize the FM to exemptaircraft from the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, andproximity to airports andpopulatedareas oftheparticular UAS. In all cases, an analysis ofthese criteria demonstrates that the UAS operatedwithout an airworthiness certificate, in the restricted environment and under the conditionsproposed will be atleast as safe, orsafer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions andconditionsproposed. 14 C.F.R. §91.9: Civil aircraft flight manual, marking, and placard requirements 

### The equivalent level of safety will be achievedbykeeping a hardcopy ofthe usermanual in closeproximity to the operator. The equivalent level of safety will beprovidedbyhaving the UAS markedon itsfuselage as requiredby §45.29 (f) 

### where thepilot, observerand others working with the UAVwillsee the identification ofthe UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167and 10167A.

12504 Stephens • Warren Ml48089 • (586) 755-5770 Office • (586) 755-5774 fox • www.greollokesgeomalics.comPROFESSIONAL SURVEYORS • 3D LASER SCANNING 14 C.F.R. §91.109(a): Flight Instruction The regulation provides that "No person may operate acivil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." 

### The equivalentlevel of safetyduring the in-flight training will be achieved by the manufacturer or affiliateproviding the training as described in the manufacturer's trainingprogram and through the use ofexperiencedand qualified instructorsfamiliar with the UAS. 14 CFR §91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. The exemption requests authorityto operate at altitudes up to 400 AGL, It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. 

### The equivalent level of safety will be achievedgiven the size, weight, speedofthe UAS as wellas the location where itis operated. Noflight will be taken without thepermission oftheproperty ownerorlocal officials. Compared toflight operations with aircraft weighingfar more than thoseproposedherein and the lack of flammablefuel, any risk associated with these operations isfar less than thosepresentlypresented with conventionalaircraft. 14CFR 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 ofthe departure airport or an appropriate altimeter setting available before departure." 

### As the UAS maynothave a barometric altimeter, butinsteada GPS altitude read out, an exemption is requested. An equivalent level of safety will be achievedby the operator confirming the altitude ofthe launch site shown on the GPS altitude indicatorbeforeflight. 14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions The regulation provides that no person may begin aflight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes.

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### As the UAS are electric-powered, this requirement is inapplicable. In any event, given the contemplatedoperations, GLG believes that an equivalent level of safetyis already achieved with the specificprocedurepreventing the UAS accepting a take-offorderis the batterylevel is belowa given value. Moreover, the manufacturers have integrated lowandcritical batterylevel warnings andimplementeda "return to home"action in these situations.

14 C.F.R. § 91.203 (a) 

### & (b): Carrying Civil Aircraft Certification and Registration This regulation provides as follows: • No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. • No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

### An equivalent levelof safety will be achievedbykeeping these documents at the groundcontrol point where thepilotflying the UAS will have immediate access to them, to the extent theyare applicable to such UAS. The FAA has issuednumerous exemptions to this regulation. A representative sample of otherexceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 CFR Subpart E(91.401- 91.417): Maintenance, Preventive Maintenance, and Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 91.409 require the aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness certificate. Section 91 A17 requires the owner or operatorto keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval ofthe aircraft for return to service. 

### GLGproposes that the maintenance ofthe UAS will be accomplished by the ownerorthe operatoraccording to the manufacturer's user manual. Given that these section andPart43 apply only to aircraft with an airworthiness certificate, these sections willnotapply to the applicant. Maintenance will beaccomplishedby the operatorpursuant to theflight manualand
12504 Slephens • Warren Ml 48089 • (586) 755-5770 Office • (586) 755-5774 Fax • www.greallakesgeomalics.comPROFESSIONAL SURVEYORS • 3D LASER SCANNING 

### operating handbookas referencedherein. An equivalent level of safety will be achievedbecause these small UAS are very limited in size and will carry a smallpayloadandoperate onlyin restricted areasfor limitedperiods oftime. 

## If mechanical issues arise the UAS can land immediatelyand will be operating from no higher than 400 feetAGL. The operatorwill ensure that the UAS is in working orderprior to initiatingflight, perform required maintenance, and keep a log of anymaintenanceperformed. Moreover, the operator is theperson most familiar with the aircraft andbestsuited to maintain the aircraft in an airworthy condition toprovide the equivalent level ofsafety.

12504 Stephens • Warren Ml48089 • (586) 755-5770 Oftice • (586) 755-5774 Fax • www.greaflakesgeornatics.corn