____________________________ _______________

1 Pub. L. No. 112

- 95, § 333, 126 Stat. 76.

2 In support of this petition, Ray Carlson and Associates, Inc. is prepared to submit UAS

- specific user manuals if necessary. All UAS listed have received previous approval from the FAA : Trim ble UX5 /UX5 HP ; Trimble ZX5; DJI Inspire I ; DJI Phantom 3; Sensefly eBee /EBee RTK

3 See FAA, Authorizations Granted Via Section 333 Exemptions (rev. May 12, 2015), https://www.faa.gov/uas/legislative_programs/section_333/333_authorizations/ ; see also, e.g., Exemption No. 11109 in
Docket No. FAA

- 2014

- 0507 (Clayco, Inc.); Exemption No. 11286 in Docket No. FAA

- 2014

- 0960 (Balfour Beatty Construction Services US); an d Exemption No. 11227 in Docket FAA

- 2014

- 0678 (EnviroMINE, Inc.).

4 See id

.

5 See, e.g., Exemption No. 11227 at 6. January 2 6 , 2016

U.S. Department of Transportation
Federal Aviation Administration Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

Re: Ray Carlson and Associates, Inc.

, Petition for Exemption under Section 333

Dear S ir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) 1 and 14 C.F.R. Part 11, Ray Carlson and Associates, Inc. seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below to permit commercial op eration of small Unmanned Aircraft Systems (“UAS”) to perform various tasks including:

 A erial surveying and mapping ; photogrammetry ;

 F ilmmaking, cinematography and videography;

 Construction and utility inspection and monitoring.

The five (5) UAS pr oposed for use by Ray Carlson and Associates, Inc. are the Trimble UX5; Trimble UX5 HP; Trimble ZX5; DJI Inspire I; DJI Phantom 3 ; and the Sensefly eBee RTK

. Ray Carlson and Associates

, Inc.’s UAS operations will be conducted under the safeguards described in this petition and as may be further established by FAA. 2

The agency has already issued over 320 Section 333 exemptions to various commercial enterprises for UAS applications ranging from aerial photography and precision agriculture to construction and surface mining (the “Section 333 Grants”). 3 Indeed, FAA has granted at least 34 exemptions to companies specifically for construction, mining and/or utility inspections, and many others for aerial surveying, filmmaking, cinematography and videography mor e generally. 4 In issuing the Section 333 Grants, FAA found that “the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner . . . gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public
interest.” 5 The same public interest and safety justifications apply to Ray Carlson and Associates, Inc.’s

p etition, and should enable FAA to grant Ray Carlson and Associates, Inc.’s petition on an expedited basis

.Page 2

___________________________________________ 6 FMRA § 333(a).

7 See 49 U.S.C. § 106(f) and 49 U.S .C. § 44701(f). As descri bed more fully below, the requested exemption would permit Ray Carlson and Associates, Inc. to operate the specified UAS under controlled conditions in low

- altitude airspace that is: (1) access limited; (2) predetermined; and (3) located a sufficient dista nce from congested areas and airports, and would provide safety enhancements to operations using conventional aircraft. Ray Carlson and Associates, Inc.’s UAS are small, weighing 55 lbs. or less fully loaded, and under normal conditions, they will operate at speeds of 50 knots or less, and under no circumstances will they be operated at speeds exceeding 87 knots.

I. Petitioner

Ray Carlson and Associates, Inc. is a land surveying firm in Northern California that has been serving both the public and priv ate sectors since 1976

. Traditionally, where large parcels of land are commissioned for survey and mapping

, Ray Carlson and Associates, Inc. utilize s aerial photogrammetric methods which involve fixed wing or rotary manned aircraft

, conducted at significan t expense, to accomplish its goals.

Ray Carlson and Associates, Inc. now seeks to expand on this success by utilizing UAS in our operations. This new capability will, among other things, allow Ray Carlson and Associates, Inc. to supplement or suppla nt human workers in performing these aerial survey s and also substitute UAS for aerial survey and photography services. The UAS we propose to fly in these applications weigh under 55 lbs., and carry no combustible material or people on board. This present s a significant increase in safety to flight crew, the national airspace system (“NAS”), and people on the ground over manned fixed and rotary winged aircraft. Performing these hazardous tasks with UAS will limit human involvement only to those situations wh ere physical work is required. Ray Carlson and Associates, Inc. is committed to any measure that will put fewer lives in danger, and integrating UAS into Ray Carlson and Associates, Inc.’s operations will do just that.

All communications regarding Ray Carlson and Associates, Inc.’s petition should be directed to:

Ray Carlson and Associates, Inc.
411 Russell Ave. Santa Rosa, Ca 95403

Attn. : John Pawson , PLS

Direct Ph: 707

- 571

- 5525
Email: jpawson@rcmaps.com

II. Section 333

Ray Carlson and Associates, Inc.’s petition is consistent with Congress’s goal set forth in Section 333 of the FMRA, which directs the Secretary of Transportation to consider whether certain UAS may operate safely in the NAS before comp letion of the rulemakings required under Section 332 of that legislation. In making this determination, the Secretary is required to determine which types of UAS do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following: (1) the UAS’s size, weight, speed, and operational capability; (2) operation of the UAS in close proximity to airports and populated areas; and (3) operation of the UAS within visual line of sight of the operator. 6 To implement Section 333, FAA has the authority to issue exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 7Page 3

___________________________________________ 8 See, e.g., Exemption No. 11062 in Docket No. FAA

- 2014

- 0352 (Astraeus Aerial), at 8 ( citing FMRA § 333(b)).

9 See, e.g., Exemption No. 11227 in Docket No. FAA

- 2014

- 0678 (EnviroMINE, Inc.), at 4, 8; see also FAA, FAA Summary Grants Speed UAS Exemptions (Apr. 9, 2015), https://www.faa.gov/news/updates/?newsId=82485

.

10 See supra note 3. Ray Carlson and Associates, Inc.’s proposed UAS operations meet the re quirements of, and qualify for expedited approval under, Section 333. Ray Carlson and Associates, Inc.’s UAS weigh 55 lbs. or less, will operate at less than 400 feet above ground level (AGL) within visual line of sight (VLOS) at speeds of no more
than 50 knots. Operations conducted under these safeguards will provide at least an equivalent level of safety compared to the current regulatory structure. They will also provide an environmental impact benefit over
manned aircraft because Ray Carlson and Associa tes, Inc.’s UAS will draw their power from rechargeable batteries, as opposed to the hundreds of pounds of fossil fuels burned in the operation of manned aircraft
that are thousands of times heavier.

Moreover, Ray Carlson and Associates, Inc.’s operation s will not “create a hazard to users of the national airspace system or the public or pose a threat to national security” due to the small size of the UAS and the restricted areas in which they will operate. 8

III. Regulations from w hich an Exemption is Requested

Ray Carlson and Associates, Inc. requests an exemption from the following regulations to the extent necessary to conduct the operations described in this petition: 14 C.F.R. §§ 61.23(a) and (c)
14 C.F.R. §§ 61.101(e)(4) and (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. § 9 1.407(a)(1)
14 C.F.R. §§ 91.409(a)(1) and (2)
14 C.F.R. § 91.417(a) and (b)

The following subsections describe Ray Carlson and Associates, Inc.’s request for an exemption from each of these regulations and demonstrate how Ray Carlson and Associates

, Inc.’s operations will provide for at least an equivalent level of safety compared to the current regulatory structure that applies to manned aircraft.

A. 14 C.F.R. §§ 61.23(a) and (c)

– Medical certificates: Requirement and duration

Sections 61.23 (a) and (c) generally require pilots of manned aircraft to hold a FAA medical certificate in order to exercise pilot privileges. As of March 24, 2015, however, FAA determined as matter of policy that operators holding a valid driver’s license in lieu of a third class medical certificate may conduct commercial UAS operations under a Section 333 grant. 9 Accordingly, Ray Carlson and Associates, Inc. requests an exemption from these provisions to the extent necessary to give Ray Carlson and Associates, Inc. th e same relief from medical certificate requirements that FAA has afforded to over 320 other Section 333 operators
via the Section 333 Grants. 10Page 4

_______________________________________ ____ 11 See supra note 3.

12 See, e.g., Exemption No. 11422 in Docket No. FAA

- 2015

- 0154 (Soar Environmental Consulting, Inc.), at 4.

13 See supra note 3.

14 FAA has concluded that no exemption from Part 21, Subpart H (Airworthiness Certificates) is needed if the agency makes a finding under the FMRA that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met here, and therefore no exemption is needed. See, e. g., Exemption No. 11062, Docket No. FAA

- 2014

- 0352 at 13

- 14, 22. But to the extent FAA determines that there are some characteristics of Ray Carlson and Associates’ UAS that fail to meet the “equivalent level of safety” requirement of the FMRA, an exemptio n is requested.

15 See, e.g., id. B. 14 C.F.R. §§ 61.101(e)(4) and (5)

– Recreational pilot privileges and limitations

Sections 61.101(e)(4) and (5) prohibit a recreational pilot from acting as pilot in command of an aircraft for compensation or hire or in furtherance of a business. Since Ray Carlson and Associates, Inc. will be conducting its UAS operations in furtherance of its aerial survey , topography and other services, it requests an exemption from these provisions to the extent necessary. Ray Carlson and Associates, Inc. notes that FAA has provided such relief to over 320 other Section 333 operators. 11

C. 14 C.F.R. § 61.113(a)

– Privat e Pilot Privileges and Limitations: Pilot in Command

Section 61.113(a) limits private pilots to conducting non

- commercial operations. FAA has already determined, however, that a private pilot certificate is sufficient to conduct commercial UAS flights; i n fact, the agency has revised its Section 333 approval framework to allow UAS operations to be conducted by a pilot with only a recreational or sport pilot certificate. 12 Consistent with the operating conditions and limitations specified in the Sectio n 333 Grants, Ray Carlson and Associates, Inc. will utilize only pilots holding a FAA airline transport, commercial, private, recreational, or sport pilot certificate and at least a valid U.S. driver’s license. The UAS will be operated within VLOS of the P IC at all times, and because the area of operation will be controlled and restricted in accordance with the safeguards contained in the Manual and the FAA

- approved conditions and limitations described in Section VI, infra , permitting the UAS operations as requested would provide for the level of safety otherwise achieved through Section 61.113(a). Accordingly, grant of the requested exemption, subject to the conditions and limitations specified herein, would not adversely affect the safety of the NAS.

D. 14 C.F.R. § 61.315(a)

– Sport pilot certificate privileges and limits

Section 61.315(a) authorizes a sport pilot certificate holder to act as pilot in command of a light

- sport aircraft, subject to certain restrictions specified in Section 61.315(c), inc luding a prohibition on doing so for compensation or hire or in furtherance of a business, among other restrictions. Since Ray Carlson and Associates, Inc. will be conducting its UAS operations in furtherance of its business purposes, it requests an

exemp tion from this provision to the extent necessary. Ray Carlson and Associates, Inc. notes that FAA has provide the same relief to over 320 other Section 333 operators. 13

E. 14 C.F.R. § 91.7(a)

– Civil aircraft airworthiness

Section 91.7(a) prohibits any person from operating a civil aircraft unless it is in an airworthy condition. FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the airworthiness certificate requirements of Part 21 14 are waived or inapplicable. Such airworthiness certificate requirements are inapplicable here, insofar as Ray Carlson and Associates, Inc.’s UAS provides an equivalent level of safety when compared to manned aircraft, consistent with the relevant language of the FMRA and the preced ent established by the Section 333 Grants. 15Page 5

___________________________________________ 16 FAA determined in the Section 333 Grants that relief from other provisions of Section 91.119 are either unwarranted or inapplicable. See Exemption No. 11062 at 20.

17 See, e.g., supra note 3

.

18 See id.

19 See supra note 3.

20 See id

. F. 14 C.F.R. § 91.119

– Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. 16 Specifically, Section 91.119(c) provides that except when necessary for takeoff o r landing, no person may operate an aircraft below an altitude of 500 feet above the surface except over open water or sparsely populated areas and that in such cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle or structure. As detailed in the Section 333 Grants, however, FAA has determined that adherence to certain safety measures is sufficient to warrant an exemption for UAS operations. 17 Consistent with the relief provided to other UAS operators via the Section 333 Grants, Ray Carlson and Associates, Inc. requests an exemption to the extent necessary to operate below an altitude of 500 feet AGL and closer than 500 feet to any person, vessel or structure. An equivalent level of safety will be achieved given the s ize, weight and speed of Ray Carlson and Associates, Inc.’s UAS, as well as the locations where it will be operated.

G. 14 C.F.R. § 91.121

– Altimeter Settings

Although Section 91.121 requires each person operating an aircraft to maintain cruising alt itude by reference to an altimeter that is set “to the elevation of the departure airport or an appropriate altimeter setting available before departure” and Ray Carlson and Associates, Inc.’s UAS will not be equipped with a typical barometric altimeter, F AA has already granted relief from this provision to other UAS operators flying at similarly low altitudes. 18 Ray Carlson and Associates, Inc. will operate the UAS within VLOS at or below 400 feet AGL and provide altitude information to the PIC via a digi tally encoded telemetric data feed that downlinks from the aircraft to a ground

- based on

- screen display. The altitude information will be generated by equipment installed on the UAS, and prior to each flight a zero altitude initiation point will be establ ished and confirmed for accuracy by the PIC.

H. 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 under VFR conditions unless (considering wind an d 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; or (2) At night, to fly after that for at least 45 minut es.” But provided certain operational parameters are established, FAA has found that good cause exists for granting exemptions from this provision for operations
in a multitude of contexts. 19

Ray Carlson and Associates, Inc. will be operating a less th an 55 pound UAS in tightly controlled environments at speeds below 50 knots and within VLOS. Combined with the fact that Ray Carlson and Associates, Inc. will not conduct operations unless the UAS has enough available power to complete the intended mission and return, relief from Section 91.151(a) is warranted, in accordance with the condition s and limitations specified

in Section VI, infra

.

I. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); and 91.417(a) and (b): Maintenance Inspections

The se FAR provisions require that an aircraft operator 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 repaire d as prescribed in part 43 of this chapter . . .,” and that other persons shall inspect or maintain the aircraft in compliance with Part 43. Through the Section 333 Grants, however, FAA has established safety measures for certain UAS operations sufficient to warrant an exemption from these provisions. 20

.Page 6

Ray Carlson and Associates, Inc. will strictly adhere to the maintenance and inspection requirements developed under its UAS program, which is consistent with applicable conditions and limitations describ ed in Section VI, infra . These requirements include the development and documentation of maintenance, overhaul, replacement and inspection requirements; procedures to document and maintain maintenance records with regard to Ray Carlson and Associates, Inc .’s UAS; and UAS technician qualification criteria.

IV. Characteristics of Ray Carlson and Associates, Inc.’s UAS

All of the UAS which Ray Carlson and Associates, Inc. will operate under this proposed exemption are small, weighing less than 55 lbs. m aximum gross weight, and they will operate at 50 knots or less. They all feature automatic return to home or flight termination procedures in the event of a loss of controller signal or diminished battery output or capacity.

V. Unmanned Aircraft PIC

As described above, the PIC will be a FAA licensed airman with either an airline transport, commercial, private, recreatio nal, or sport pilot certificate that holds a current FAA airman medical certificate or a valid
U.S. driver’s license. The PIC will also meet the flight review requirements specified in Section 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

VI. Operation of the Unmanned Aircraft

Ray Carlson and Associates, Inc. will conduct all flights under the reque sted exemption subject to the following conditions and limitations, and as further detailed in Users Manual s for the specified UAS :

A. The UAS will weigh less than 55 pounds, including payload.

B. The UAS will not be flown at a ground speed exceeding 50 knots.

C. Flights will be operated at an altitude of no more than 400 feet AGL, as indicated by the procedures specified in the Manual. All altitudes reported to ATC will be in feet AGL.

D. The UAS will be operated within VLOS of the PIC and/or VO at all times.

E. When operations utilize a VO, the PIC will always maintain VLOS capability and the VO and PIC will be able to communicate verbally at all times.

F. Prior to each operation, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, it will not be operated until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The GCS
will also be i ncluded in the preflight inspection. All maintenance and alterations will be documented in the
UAS records

.

G. Ray Carlson and Associates, Inc. will follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

H. The PIC will possess a current FAA airman medical certificate or a valid U.S. driver’s license. The PIC will be trained in accordance with the Manual, and will undergo training to ensure that he or she can follow these procedures

.

I. Prior to conducting commercial operations under this exemption the PIC will assess the intended operating area, including weather and any potential obstacles, and determine procedures in case of emergency.Page 7

___________________________________________ 21 Pursuant to its new “blanket” COA, FAA will automatically grant a COA for flights at or below 200 feet to any UAS
operator with a Section 333 exemption for aircraft that weigh less than 55 pounds, operate during daytime VFR conditions, operate within VLOS, and stay certain prescribed distances away from airports or heliports. See FAA, FAA Streamlines UAS COAs for Section 333 (rev. Mar. 24, 2015), https://www.faa.gov/news/updates/?newsId=82245 . This blanket COA allows flights anywhere in the country except restricted airspace and certain other prohibited areas, and FAA automatically issues it at the time the exemption is approved. Id . To the extent Ray Carlson and Associates will be operating above 200 ft. AGL at any of its UAS sites, it will apply for a COA authorizing it to do so. J. The UAS will not be operated within 5 00 feet of any nonparticipating persons, vessels, vehicles, or structures unless the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

K. If the UAS loses communicat ions or loses its GPS signal, the PIC will institute procedures to safely land the UAS according to Users Manuals for the specified UAS.

L. The UAS will not be operated unless it has enough available power to conduct the intended operation and
return, o r with the reserve power recommended by the manufacturer, whichever is greater.

M. Ray Carlson and Associates, Inc. will obtain a Certificate of Waiver or Authorization (COA) prior to conducting any operations above 200 feet AGL under the exemption. 21

N. All UAS operated in accordance with this exemption will be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable.

O. Ray Carlson and Associates, Inc. will develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and
the total time in serv ice of the U AS.

P. Each UAS operated under this exemption will comply with all manufacturer Safety Bulletins.

Q. The PIC shall conduct a preflight inspection prior to each flight and will document discrepancies ( i.e

., inoperable components, items, or eq uipment).

R. Ray Carlson and Associates, Inc.’s use of radio frequency spectrum for operation and control of the UAS will comply with the Federal Communications Commission (FCC) or other appropriate agency requirements.

S. The documents required unde r Sections 91.9 and 91.203 will be available to the PIC at the GCS of the UAS any time the aircraft is operating. These documents will be made available to FAA or any law enforcement official upon request.

T. The UAS will remain clear and yield the right of way to all manned operatio ns and activities at all times.

U. UAS operations will not be conducted at night, as defined in Section 1.1. All operations will be conducted under visual meteorological conditions (VMC).

V. The UAS will not be operated f rom any moving device or vehicle.

W. 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 three statute miles from the PIC.Page 8

________________________ ___________________ 22 See Exemption No. 11062 at 22. X. The UAS will not operate within five nauti cal miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical chart, unless a lett er of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to Ray Carlson and Associates, Inc

. . The letter of agreement with the airport management will be made available to FAA and any law enforcement official upon r equest.

Y. Any accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area defined by the applicable COA will be reported to FAA’s UAS Integration Office (AFS

- 80) within 24 hours and the National Transportat ion Safety Board (NTSB), as applicable

.

VII. Public Interest

Authorizing Ray Carlson and Associates, Inc. to conduct commercial operations using UAS under the conditions specified herein would bring immediate and significant safety improvement to the aerial mapping,

construction inspection , energy and other industries. Ray Carlson and Associates, Inc.’s UAS would be used to perform aerial mapping, construction inspections and conduct other key functions in a manner that provides at least an equivalent level of safety compared to the current regulatory structure that applies to manned
aircraft. 22

Aerial mapping and construction inspections require human beings to visually observe and analyze the physical status of various equipment and surrounding co nditions. By replacing these perilous tasks with UAS flights, Ray Carlson and Associates, Inc. can map areas and conduct inspections without subjecting a human
to the attendant risks.

VIII. Conclusion

Given the small size of Ray Carlson and Associates

, Inc.’s UAS and the restricted environments where they will
operate, Ray Carlson and Associates, Inc. falls squarely within the type of operations that Congress intended be authorized pursuant to Section 333. Ray Carlson and Associates, Inc.’s proposed UA S operations are similar in all material respects to the operations authorized under the Section 333 Grants, including several covering nearly identical types of operations

– and should be approved on an expedited basis. Based on the clear
direction from C ongress, the authority contained in the FMRA; the well

- established equivalent level of safety present in Ray Carlson and Associates, Inc.’s proposed operations; the significant public benefits associated with using UAS to perform the proposed operations; a nd FAA’s recent determinations in the Section 333 Grants, grant of Ray Carlson and Associates, Inc.’s petition is in the public interest. Accordingly, Ray Carlson and Associates, Inc. respectfully requests that FAA grant it an exemption without delay.

Re spectfully

,

John Pawson , PLS Ray Carlson and Associates, Inc.
411 Russell Ave. Santa Rosa, Ca 95403

Direct Ph: 707

- 571

- 5525
Email: jpawson@rcmaps.com

Enclosures