# A USLEY 

# M C 

# M ULLEN

ATTORNEYS AND COUNSELORS AT LAW

123 SOUTH CALHOUN STREET

P.O. BOX 391 (ZIP 32302)

TALLAHASSEE, FLORIDA 32301

(850) 224-9115 FAX (850) 222-7560

www.ausley.com

March 30, 2015

Via Electronic Submission and U.S. Mail Docket Operations U.S. Department of Transportation West Building, Ground Floor 1200 New Jersey Avenue, S.E. Washington, D.C. 20590

Re: Application for Exemption from Speci fied Aviation Regulations Under Section
333 of the FAA Modernization and Reform Act of 2012. Applicant: Pickett & Associates, Inc. Attn: Mike Leahy, P.E., P.S.M.
475 S. First Avenue Bartow, Florida 33830 Telephone: (813) 404-1555
Email: mleahy@usimaging.com

Dear Sir or Madam:

Please accept this letter as the application of Pickett & Associates, Inc. for exemption from certain provisions of the Code of Federal Regulations. This exemption request is submitted under Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”).

Pickett & Associates, Inc. (the “Applicant” ) is a licensed survey ing and mapping firm located in Bartow, Florida. The Applicant provide s turnkey surveying, aerial remote sensing and mapping services for commercial, government, a nd agricultural operati ons. The Applicant has been operating manned aircraft imaging systems for over 20 years and has extensive experience throughout the United States and Caribbean. The Applicant’s staff has trained on and operated unmanned systems for over five years. The Applican t submits this exemption request in order to
offer meet the needs of its clients in an e fficient and safe manner through the use of small unmanned aircraft systems Small Un manned Aircraft Systems (“sUAS”).

The Applicant requests exem ption from the following regulations: 14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113(a), (b); 14 C.F.R. § 91.7(a); 14 C.F.R. §2 91.9(b)(2); 14 C.F.R. § 91.103; 14 C.F.R. § 9 1.109; 14 C.F.R. § 91.119(b), (c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C. F.R. § 91.203(a), (b); 14 C. F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1)-(2); and 14 C.F.R. § 91.417(a), (b).

Summary of Applicant’s Scope of Operation

The Applicant proposes to use the sUAS platform as an extension to our traditional aerial surveying and mapping services. Services will include inspections of electric transmission line corridors for utility companies, mapping for pho sphate mining environmental remediation sites, agriculture crop lands imaging, stockpile inve ntory mapping as well as other surveying and mapping needs that can be best accomplished with low altitude remote sensing. These services will be referred to in this application as th e “Proposed Operations.” The Applicant’s Proposed Operations will be performed largely in the rural Central Florida area.

Each operation will be initiated following a discrete COA application or under a “blanket” COA issued by the FAA. 1 The COAs governing the App licant’s operations will clearly define the area of each flight (the “Operations Areas”). These Operations Areas will be primarily rural and will be only minimally accessible to th e public. Remote industrial areas such as the phosphate mining areas in Central Florida are id eal for aerial inspection using sUAS technology. By conducting these inspections in adherence to the FAA’s regu lations applicable to sUAS platforms, the Applicant intends to provide a professional example that can be used to benefit both manned and unmanned operations in the National Airspace System (“NAS”).

The Applicant has develope d a “UAS Flight Operatio ns & Safety Guide” (the “Operations Guide”) that sets forth the standa rds for performing the Proposed Operations. The Operations Guide provides a baseli ne to ensure that all operations are c onducted safely within
the NAS. 2

1 The FAA recently announced that it has adopte d a policy of issuing “blanket” COAs at the same time exemption requests are approved. The Applicant will operate under the terms of a blanket COA should one be issued when this exemption request is granted.

2 A copy of the Operations Guide is enclosed as Attachment 1. The Operations Guide is submitted as a Confidential Document under 14 C.F.R. § 11.35(b). The entire Operations Guide contains proprietary information that the Applic ant has not and will not share with others. The Operations Guide contains opera ting conditions and procedures th at are not available to the public and are protected from release under 5 U. S.C. section 552, et seq. A hard copy of the Operations Guide will be submitted under a separa te cover letter referencing the docket number of this exemption request.3 Relative to transmission line corridors, the purpose of the Applicant’s Proposed Operations will be to enhance incident response times and improve the safety of transmission line inspections with a number of objectives. Thes e objectives include, but are not limited to, the following: (1) Storm Response; (2) Transmi ssion Line Inspection; (3) NERC Compliance; 3 (4) Vegetation Analysis; (5) Environmental Compliance. Relative to phosphate mining environmental remediation, the objective is to provide repeatable, low altitude imagery to monitor the progress of plant growth or other remediation objectives.

The Applicant will work in full cooperati on with utility and mining companies and property owners to undertake the Proposed Operations. All ope rations will be performed by qualified, trained personnel that have current priv ate pilot certificates. The Applicant’s Pilots in Command (“PICs”) will be specifically trained to operate the sUAS used in the Applicant’s operations.

Aircraft and Equivalent Level of Safety

The Applicant’s commercial operations will ta ke place in Operations Areas defined by the Applicant’s COA applications submitted prior to each commercial flight, or in adherence to the terms of a “blanket” COA issued by the FAA. The sUAS operations in these Operations Areas will pose little risk of injury or property damage.

The Applicant proposes to use the following sU AS platforms for its operations under this application:

1. Steadidrone QU4D-X 4

2. DJI Inspire 1 5

3 “NERC” is an acronym for the North Ameri can Electric Reliability Corporation. NERC establishes reliability standards for bulk power systems in North America.

4 The SteadiDrone QU4D-X Operations Manual is enclosed as Attachment 2. The SteadiDrone QU4D-X will be operated with a Futaba FASST est-2.4 GHz 14SG controller. The Instruction Manual for this controller is enclosed as Att achment 3. Steadidrone systems have been approved by the FAA for research COAs and have a dem onstrated safety track record. Steadidrone systems have performed well for customers in the military, educational, and commercial markets in the United States, Canada, Unite d Kingdom, Australi a, and Germany.

5 The User Manual for the DJI Inspire 1 is enclosed as Attachment 4. The Safety Guidelines for the DJI Inspire 1 is enclosed as Attachment 5. The Maintenance Manual for the DJI Inspire 1 is enclosed as Attachment 6.4 These platforms all weigh less than 55 pounds, including energy sources and equipment. Manufacturer-provided manuals and guidelines ar e enclosed with this application (the “Manufacturer Instructions”). The The Manufacturer Instructions will be used in conjunction with the Applicant’s Operations Guide to ensure that the sUAS are operated safely.

The Applicant will apply to register th e sUAS platforms with the FAA prior to conducting operations. These registrations will be in accordance with the FAA’s guidance to COA holders from the FAA UAS Integration O ffice dated November 5, 2014, as the same may be updated from time to time.

The Applicant agrees to be bound by the following limitations and conditions when conducting commercial operations unde r an FAA-issued exemption:

1. The sUAS will weigh less than 55 lbs including energy sources and equipment.
2. The sUAS will be flown at a speed less than a ground speed of 50 knots.
3. Flights will be operated at an altitude of no more than 400 feet AGL.
4. Flights will be operated within line of si ght of the Pilot in Command (PIC) at all
times.
5. All operations will utilize a visual obser ver (VO). The VO and PIC will be in
communications at all times.

6. The Applicant’s Operations Guide as a pproved, will be maintained and made available to the Administrator upon request.

7. Prior to each flight, the PIC will inspect the sUAS to ensu re it is in a condition for safe flight.
8. Any sUAS that undergoes maintenance or alteration that affects the sUAS operation or flight characteristics w ill undergo a functional test flight in accordance with the Operations Guide.

9. We will follow the manufacturer’s sUAS aircraft/component, maintenance, overhaul, replacement, inspection, and lif e limit requirements. The following will be included in the Operations Guide:

a. Actuators / Servos
b. Transmission (single rotor)

c. Powerplant (motors)
d. Propellers

e. Electronic speed controller
f. Batteries

g. Mechanical dynamic components (single rotor)
h. Remote command and control
i. Ground control station5 j. Any other components as determined by the operator
10. The PIC will possess at least a private pilo t certificate and at least a current thirdclass medical certificate. The PIC will also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his/her pilot
certificate.
11. Prior to operations for the purpose of tran smission line inspection, the PIC will have accumulated and logged, in a manner c onsistent with 14 C.F.R. § 61.51(b), a minimum of 200 flight cycles and 25 hours of total time as an sUAS rotorcraft pilot and at least 10 hours logged as an s UAS pilot with a similar sUAS type.
12. Prior to operations for the purpose of tran smission line inspection, the PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as an sUAS pilot 3 take offs and 3 landings in the preceding 90 days.
13. Prior to any flight operations, the PIC and VO will successfully complete a qualification process as defined in the Operations Guide.
14. Prior to operations for th e purpose of transmission line inspecti on, a flight demonstration, administered by an operato r approved and qualified pilot will be successfully completed and documented.
15. The sUAS will not be operated directly over any person below an altitude that is hazardous to persons or property on the surface in the event of an sUAS failure or

emergency. 16. Regarding the distance from participat ing persons, the Operations Guide has safety mitigations for authorized and consenting personnel.
17. If the sUAS loses communications or loses its GPS signal, the sUAS will return to a pre-determined location within the secu rity perimeter and land or be recovered in accordance with the Operations Guide.
18. The sUAS will abort the flight in th e event of unpredict ed obstacles or emergencies in accordance with the Operations Guide.
19. Maximum total flight time for each operati onal flight will be 30 minutes. Flights will be terminated at 25% battery power re serve should that occur prior to the 30
minute limit.
20. The Applicant will obtain an Air Traffic Organization (ATO) issu ed Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. The COA will require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. In the event th at a “blanket” COA issued by the FAA contains different requirements, those requirements will be adhered to by the Applicant in any Pr oposed Operation.6 21. If required, the word “Experimental” will be placed on the fuselage in compliance with § 45.29 (f). The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by § 45.29(f) where the pilot, observer and others working with the sUAS will see the identification of the sUAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. The FAA has also waived the marking requirement entirely in ot her Section 333 Exemption applications, such as Exemptions Nos. 11109 and 11110.
22. The Applicant will document and maintain a record of the sUAS maintenance, preventative maintenance, alterations, st atus of replacemen t/overhaul component parts, and the total time in service of th e sUAS. These procedures are set forth in the Operations Guide.
23. Each sUAS operated under this exemption will comply with all manufacturer Safety Bulletins.
24. The Applicant will outline sUAS technici an qualification criteria. These criteria are set forth in the Operations Guide.
25. The pre-flight inspection will account for all discrepancie s, i.e. inoperable components, items, or equipment, not covere d in the relevant pr e-flight inspection sections of the Operations Guide.
26. The radio frequency spectrum used for operation and control of the sUAS will comply with the Federal Communicat ions Commission (FCC) or other appropriate government oversight agency requirements.
27. At least 3 days before flight opera tions, we will submit a written Plan of Activities to the local FSDO with jurisdiction over the area to be flown. The Plan of Activities will include at least the following:

a. Dates and times for all flights.
b. Name and phone number of the operator for the sUAS flight conducted under the grant of this exemption.

c. Name and phone number of the PIC for the sUAS flight conducted under the grant of this exemption.
d. Make, model and serial or N- number of sUAS to be used.

e. Name and certificate numb er of sUAS PIC.
f. A statement that the operator ha s obtained permission from property
owners and/or local offici als to conduct the flight.

g. Signature of exemption hol der or representative.
h. A description of the flight activity, in cluding maps or diagrams of the area where the flight will be conducted.7 28. The documents required under 14 C.F. R. sections 91.9 and 91.203 will be available to the PIC at the ground control st ation of the sUAS any time the aircraft is operating.
29. The sUAS will remain clear and yield the right of way to all other manned operations and activities at all times (inc luding, but not limited to, ultralight vehicles, parachute activities, parasail ing activities, hang gliders, etc.).
30. sUAS operation will be conduc ted during daylight hours.
31. The sUAS will be operated by the PIC as he/she is stationary, i.e., not from any moving device or vehicle.
32. The sUAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibili ty is less than 3 statute miles from the
PIC.
33. The sUAS will not operate in Class B, C, or D airspace wit hout written approval from the FAA. The sUAS will not operate within 5 nautical miles of the geographic center of a non-towered ai rport as denoted on a current FAApublished aeronautical chart unless a lette r of agreement with that airport’s management is obtained and the operation is conducted in accordance with a NOTAM as required by the operator’s COA.
34. Any 1) incident, 2) accident , or 3) 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 Integr ation Office (AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB We b site. Further flight operations will not be conducted until the incident, accide nt, or transgression is reviewed by
AFS-80 and authorization to re sume operations is provided.

Regulations From Which the Applicant Requests Exemption

The Applicant requests exemption from the following regulations:

14 C.F.R. Part 21, Subpart H 14 C.F.R. § 45.23(b) 14 C.F.R. § 61.113(a), (b) 14 C.F.R. § 91.7(a) 14 C.F.R. § 91.9(b)(2) 14 C.F.R. § 91.103 14 C.F.R. § 91.109 14 C.F.R. § 91.119(b), (c) 14 C.F.R. § 91.1218 14 C.F.R. § 91.151(a) 14 C.F.R. § 91.203(a), (b) 14 C.F.R. § 91.405(a) 14 C.F.R. § 91.407(a)(1) 14 C.F.R. § 91.409(a)(1)-(2) 14 C.F.R. § 91.417(a), (b)

The sUAS platforms the Applicant seeks appr oval to use through this exemption request is a rotorcraft that weighs 55 or fewer pounds including payload. 6 They operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane si multaneously. They will operate only in line of sight and will operate only within the Operations Areas described in the COAs th at govern each flight. These operations will ensure that the s UAS will “not create a hazard to users of the national airspace system or the public,” as contempl ated by Section 333(b) of FMRA.

Given the small size of the sUAS involved and the restricted environment within which they will operate, the applicant falls squarely with in that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately. Also due to the size of the sUASs and the
restricted areas in which the relevant sUAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the FMRA, the authority contained in the Federal Aviation Act, as am ended; the strong equivalent level of safety surrounding the proposed operations, and the si gnificant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing sUAS for transmission line inspections and environmental remediation studies over phosphate mines, it is in the public interest to grant the requested exem ption. Accordingly, the applicant respectfully requests that the FAA grant the requ ested exemption without delay.

Narrative Regarding Requested Exemptions

14 C.F.R. Part 21, Subpart H: Airworthin ess Certificates 14 C.F.R. § 91.203(a)(1)

The FAA has previously determined that no airworthiness certification is necessary for sUAS platforms. See

, e.g. , Exemption No. 11110. The Applicant therefore believes that no exemption is necessary from Part 21, Subpart H.

6 The Applicant’s sUAS normally weighs a pproximately 30 pounds, depending on payload and battery weight.9 To the extent that the FAA finds that Part 21 is applicable to the Applicant’s proposed operations, the Applicant requests an exemption from it. Subpart H, entitled Airworthiness Certificates, establishes the procedural requiremen ts for the issuance of ai rworthiness certificates as required by 14 C.F.R. § 91.203(a )(1). Given the size and limite d operating area associated with the sUAS platforms to be utilized by the Applicant, an ex emption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C .§ 44701(f)) and Section 333 of the FMRA both authorize the FAA to exempt aircraft from the requirement for an airwor thiness certificate upon consideration of the size, weight, speed, operati onal capability, and proximity to airports and populated areas of the particular sUAS. In all cases , an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certif icate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrict ions and conditions proposed.

The sUAS platforms to be operated under th is exemption all weigh less than 55 pounds, fully loaded. The platforms carry no pilots or passengers, no explosive materials or flammable liquid fuels, and will operate exclusively within th e Operations Areas defined in this application. Operations under this exemption will be tightly cont rolled and monitored by the operator. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owne rs than conventional ope rations conducted with
airworthiness certific ates issued under 14 C.F.R. Part 21, S ubpart H. Application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS platforms due to their size, speed of operation, lo cation of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23(b). Marking of the Aircraft

The FAA has previously determined that an exemption from § 45.23(b) is not required for sUAS platforms that do not ne ed to be certified under Part 21. See

, e.g. , Exemption No. 11110. The Applicant therefore be lieves that no exemption is necessary from 14 C.F.R. § 45.23(b). To the extent that th e FAA finds that § 45.23(b) is a pplicable to the Applicant’s intended operations, the Applicant request s an exemption therefrom as follows.

The regulation requires:

When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisiona lly certificated aircraft, the operator must also disp lay on that aircraft near each10 entrance to the cabin, cockpit, or pilot station, in letters not less
than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” “experi mental,” or “provisional,” as applicable.

Even though the sUAS will have no airworthin ess certificate, an exemption may be
needed as the sUAS will have no entrance to th e cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the si ze of the sUAS, two-inch lettering will be impossible. The word “Experimental” will be pl aced on the fuselage in compliance with § 45.29 (f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by § 45.29(f) where the pilot, observer and others working with the sUAS will see the identification of the sUAS as “Expe rimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Pr ivileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operati ons by requiring the PIC operating the aircraft to have a private pilot’s certificate rather than a commercial pilot’s certificate to operate this sUAS. Unlike a
conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and re stricted, and all flights are planned and coordinated in advanc e as set forth in the Operations Guide. The level of safety provided by the requirements includ ed in the Operations Guide ex ceeds that provi ded by a single individual holding a commercial pilot’s certific ate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot as th e PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). The FAA has approve d sUAS operations with a private pilot’s certificate in other exemptions. See

, e.g. , Exemption No. 11110.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy
condition. As there will be no airworthiness certif icate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirem ents contained in the Operations Guide for11 maintenance and use of safety check lists prior to each flight, an equivalent level of safety will be provided. The Applicant wi ll ensure that the sUAS is in an airworthy condition prior to each flight based on compliance with the speci fications in the Operations Guide.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9(b)(2) provides:

No person may operate a U.S.-re gistered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved airpla ne or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any
combination thereof.

The sUAS platforms, given their size and c onfiguration, have no ability or place to carry a flight manual. An equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying th e sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, a nd 10700. The FAA has previously determined that an exemption from this regulation is not necessary, as relevant materials may be kept in a location accessible to th e PIC and not on the sUAS itself. See Exemption No. 11110.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved ro torcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equi valent level of safety will be provided as set forth in the Operations Guide. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distan ces and aircraft performance data before initiation of flight. The PIC will account for all relevant site-sp ecific conditions in the preflight procedures. The FAA has granted exemption from this regulation to other sUAS operators. See Exemption No. 11109.

14 C.F.R. § 91.109: F light instruction

Section 91.103 provides that no person may operate a civil airc raft (except a manned free balloon) that is being used for flight instruct ion unless that aircraft has fully functioning dual12 controls. By their design, sUAS and remotely p iloted aircraft do not have fully functional dual controls. Flight control is accomplished through th e use of a control box that communicates with
the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight inst ruction in experimental aircraft. See Exemption Nos. 5778K and 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be car ried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. § 91.119: Mini mum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil airc raft. Section 91.119(d) allows helicopters to be operated at less than the minimums prescrib ed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for an sUAS that is similar to a helicopter and the exemption requests authority to operate at altit udes up to 400 AGL, an exemption may be needed to allow such operations. As set forth herein, ex cept for the limited conditions st ated in the Operations Guide, the sUAS will never operate at higher than 400 AGL.

The equivalent level of safety will be achieve d given the size, weight, speed of the sUAS as well as the location where it is operated. No f light will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the activity, all affected individu als will be aware of the planned flight operations as set forth in the Operations Guide. In additi on, the low-altitude operations of the sUAS will ensure separation between these sUAS operations a nd the operations of conventional aircraft that must comply with Section 91.119.

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 el evation of the departure ai rport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Operations Guide and Manufacturer Instructions, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.13 14 C.F.R. § 91.151(a): Fuel Requirement s for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and for ecast weather conditions) there is enough fuel to fly to the first point of in tended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at leas t 30 minutes; or (2) At night, to fly after that for at least 45
minutes.”

Given the limitations on the proposed Oper ations Areas, a longer time frame for VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR § 91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compli ance with 14 C.F.R. § 91.151 (a)).

Operating the sUAS platforms in controlled Operations Areas does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the sUAS platforms. Similar exemptions have been gran ted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. § 91.203 (a) and (b): Carrying Civ il Aircraft Certification and Registration

The FAA has previously determined that no airworthiness certification is necessary for sUAS platforms. See

, e.g. , Exemption No. 11110. The Applicant therefore believes that no exemption is necessary from § 91.203. However, to the extent that the F AA finds that section 91.203 is applicable to the Applicant’s opera tions, the Applicant requests an exemption
therefrom.

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a
civil aircraft unless it ha s within it the following:

(1) An appropriate and current ai rworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorizat ion issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or

crew.14 The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no abil ity or place to carry cer tification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achie ved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Main tenance Inspections

These regulations require that an aircraft ope rator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shal l inspect or maintain the aircra ft in compliance with Part 43.

Given that these section and Part 43 apply only to aircra ft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the Manuf acturer Instructions and Operat ions Guide. An equivalent level of safety will be achieved because these sUAS are very limited in size and will carry a small payload and operate only in defined Oper ations Areas for limited periods of time. If
mechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Operations Guide, the operator will ensure that the sUAS is in working order prior to initiating flight, pe rform 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 airwor thy condition to provide the equivalent level of safety.

Federal Register Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determ ined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C. F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405( a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate a small15 unmanned system weighing less th an fifty-five pounds in the transmission line inspection and environmental remediation survey
industries.

Approval of exemptions allowing commercial operations of sUASs in the transmission line inspection and environmental remediation survey industries wi ll enhance safety by reducing risk. The operation of sUAS, weighing less than 55 lbs., conduc ted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the app licant from the requirements of Part 21 and allowing commercial operations. Thes e lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment. As a result, sUAS are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

Privacy Considerations

Flights will be conducted in ru ral transmission line corridor s or on industrial mined lands in accordance with appropriate State and fede ral statutes regulating surveying and mapping activities. All imagery and data collected will be used solely fo r transmission line and supporting structure inspection as well as mining and enviro nmental lands monitoring and remediation. The project areas are located in remote areas that presents no privacy issues of consequence.

Conclusion

Through this program, Pickett & Associates will establish an inspection program for transmission lines for safety and environmental services support as well as to develop safety procedures and best practices for such operations. The intent of these operations is to prove the capacity of sUAS within a limite d geography. Operations will then be expanded to the overall transmission system as regulations permit.

We are requesting exemptions from the FARs so this operation can be commercially completed in accordance to all rules that would pertain to a small unmanned system. It is Pickett & Associates’ hope that we will be able to prov ide a source of performance data from the safe and successful conduct of commercial sUAS opera tions to the United States government and the

FAA.

Satisfaction of the criteria provided in S ection 333 of the FMRA provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s sUAS in the transmission line inspection and environmental remediation survey
industries.16 The Applicant requests that the FAA gr ant the exemption requested herein.

Respectfully Submitted,

/s/ Mike Leahy Mike Leahy, P.E., P.S.M. VP Pickett & Associates, Inc.

/s/ Richard E. Doran, Steven M. Hogan Richard E. Doran and Steven M. Hogan Ausley McMullen Attorneys for Pickett & Associates, Inc.