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 VIIbelow, 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 IVfor 

commercial aerial data collection purposes, as more fully described in Section IXbelow. 

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 
.: 

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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. 
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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 more 
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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. 
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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 that 
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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 an 
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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: 
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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. 
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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. 
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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.comwith any questions about this filing. 

Sincere -y, 

~ 

~, ~✓ ~~ 

Kevin D~ Pomfret 

KDP/kmb 

294305871