agroman US Corp. 

FERROVIAL AGROMAN, US Corp 

North America Headquarters 

9600 Great Hills Trail, Suite 200 E 

Austin, TX 78759 

Phone(214)531-2863 

Attn: Pascual Pia 

Email: pplagomis@ferrovial.us 

May 14, 2015 

U.S. Department of Transportation 

Docket Operations 

1200 New Jersey Ave, SE 

Washington DC, 20590 

RE: Exemption Request for Ferrovial Agroman, US Corp. Under Section 333 of the 

FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11 

To Whom It May Concern, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 

14 C.F.R. Part 11, Ferrovial Agroman, US Corp. requests exemptions from several 

provisions of the Federal Aviation Regulations ("FARs"), specifically portions of 14 

C.F.R. Parts 47, 61, and 91 to allow, among other things, commercial operations of a 

XactSense Max-8 Utility Unmanned Aerial Vehicle ("Max-8 UAV") in areas of the United 

States, by a Pilot in Command ("PIC") holding a FAA issued Airman Certificate. 

Ferrovial Agroman submits this application for approval of commercial operations for the 

Max-8 UAV as the relief requested in this document has been granted to others. 

Exemption 11409 and others, as set forth in this document, authorize the commercial 

operation of small UASs on terms and conditions that Ferrovial Agroman accepts. 

Ferrovial Agroman is a multinational company that specializes in design and 

construction of infrastructure and associated facilities. It has a global presence in over 

25 countries and employs a workforce of over 69000 employees worldwide. Since its 

establishment in 1957, Ferrovial Agroman has been committed to promoting projects 

that benefit society as well as the environment. 

Ferrovial Agroman proposes to use the Max-8 UAV, a lightweight, batterypowered , ground-launched, small Unmanned Aerial System ("UAS") in an Octocopter 

configuration that, depending on its payload, is capable of transmitting live airborne 

video images and location information to a Ground Control Station ("GCS").The UAS is 

controlled by a Spektrum DX8 transmitter that uses select frequencies between 2.4 GHz 

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to 2.4835 GHz. The Spektrum DX8 complies with Part 15 of the FCC rules and does 

not cause harmful interference. Furthermore, the controller will accept any interference 

received (see attached manual for the Spektrum DX8 radio system). The Max-8 UAV is 

designed for vertical take-off and landing ("VTOL") with a maximum weight of 40 

pounds, and a span of 39.37 inches from motor center to motor center. It has a flight 

endurance of around 25 minutes with a cruise speed of 40 knots in forward flight and 

typically operates at an altitude of less than 400 feet AGL. Ferrovial Agroman proposes 

to fly the Max-8 UAV, for the intended purpose of surveying and inspecting fixed 

infrastructures in controlled environments. Ferrovial Agroman's proven safety record, 

combined with the controlled environments in which the Max-8 UAV will operate in make 

it clear that this Unmanned Aircraft ("UA") can operate safely in the National Airspace 

System ("NAS"). 

The Max-8 UAV capabilities combined with our airman's experience, make it 

ideally suited to conduct commercial operations in carefully controlled environments in 

both controlled (Class B, C, D, and E surface areas) and uncontrolled (Class G) 

airspace. Max-8 UAV operations will be conducted within Visual Line of Sight ("VLOS") 

and typically conducted within 1500 feet of the Pilot in Command ("PIC"), therefore 

enhancing safety procedures. 

Acknowledging the FAA's mission to provide the safest and most efficient 

airspace system in the world, commercial operations of the Max-8 UAV will comply with 

applicable FAR provisions as well as Max-8 UAV operations manual in regards to 

operations and recommended maintenance procedures. Ferrovial Agroman will only fly 

in airspace as allowed under the exemption granted to it and will coordinate with the 

FAA as necessary to ensure safe operations. 

As a result of the Max-8 UAV size, weight, maximum speed, and operational 

capability, the conditions in which it will operate near airports and populated areas; its 

operation within VLOS of the PIC; its operation within controlled boundaries; and its 

operation using a visual observer to provide conflict resolution from other air traffic, the 

Max-8 UAV does not create a hazard to other users of the NAS or the public. 

Therefore, the FAA should grant Ferrovial Agroman the requested exemptions. 

Alternatively, if the FAA finds that modification of Ferrovial Agroman 's application is 

required for safe operation of the UAS in the NAS, Ferrovial Agroman requests that the 

FAA describe the required modifications and process Ferrovial Agroman's application 

as if the modifications were already made. 

Ferrovial Agroman recognizes that the FAA has granted exemption with similar 

circumstances as noted in FAA Exemption Nos. 11109, 11111 , 11114, 11409 and 

others. 

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agroman US Corp. 

This exemption request encompasses the following regulations with discussion 

for each described herein: 14 C.F.R. Part 2114 C.F.R. 61 .113(a) and (b), 14 C.F.R. 

61.133(a), 14 C.F.R. 91 .7 (a), 14 C.F.R. 91 .121 , 14 C.F.R. 91 .151 (b), 14 C.F.R 

91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1 ), 14 C.F.R. 91.409(a)(2), 

and14 C.F.R. 91.417(a) & (b). 

The name and address of the applicant are: 

FERROVIAL AGROMAN, US Corp 

North America Headquarters 

9600 Great Hills Trail, Suite 200 E 

Austin, TX 78759 

Phone(214)531-2863 

Attn: Pascual Pia 

Email: pplagomis@ferrovial.us 

Section 333's Mandate and the Federal Aviation Act 

Grant of this exemption application for use of the Max-8 UAV in aerial surveying 

pursuant to the exemption requested herein will advance the Congressional mandate in 

Section 333 of the FAA Reform Act to accelerate the introduction of UASs into the NAS. 

Section 333 directs the Secretary of Transportation to consider whether certain UASs 

may operate safely in the NAS before completion of the rulemaking required under 

Section 333 of the FAA Reform Act. To make that determination, the Secretary must 

evaluate which types of UASs do not create a hazard to users of the NAS or the public 

or pose a threat to national security in light of several criteria: 

• The UAS's size, weight, speed, and operational capability; 

Operation of the UAS in close proximity to airports and populated areas; and 

Operation of the UAS within visual line of sight of the operator. 

FAA Reform Act § 333(b )( 1 ). Once the Secretary determines that such vehicles 

"may operate safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft in the national airspace system." 

The Federal Aviation Act expressly grants the FAA the authority to issue 

exemptions. 49 U.S.C. 44701 (f). This statutory authority, by its terms, includes 

exempting civil aircraft, as the term is defined under 40101 of the Act, from the 

requirements that all civil aircraft must have a current airworthiness certificate, 49 

U.S.C. 44711 (a), and those used in commercial service must be piloted by commercial 

pilots. 14 C.F.R. 61.113(a) and (b), 61.133. 

The grant of the requested exemption is in the public interest based on (i) the clear 

direction in Section 333 of the FAA Reform Act; (ii) additional authority in the Federal 

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agroman US Corp. 

Aviation Act, as amended; (iii) the strong equivalent level of safety surrounding the 

proposed operations; and (iv) the significant public benefit, including enhanced safety 

and cost savings associated with utilizing UASs for aerial surveying, photography, 

inspection and research. Accordingly, Ferrovial Agroman respectfully requests that the 

FAA grant the requested exemption without delay. 

Airworthiness 

Considering the controlled conditions in which the Max-8 UAV will operate, the 

precision involved in the manufacturing of the UAS, and recent advances in the 

technology involved in the control of UASs, the Max-8 UAV can be safely operated in 

the NAS without the issuance of a Standard Airworthiness Certificate. Due to the size 

and weight of the Max-8 UAV, as well as its inability to carry passengers or cargo for 

compensation or hire, Ferrovial Agroman proposes that an equivalent level of safety can 

be achieved. Furthermore, by following the recommended maintenance practices 

issued by ExactSense ("the Manufacturer") and easy replacement of un-airworthy parts, 

continued airworthiness can be easily achieved. Attached to this petition is a copy of 

the Max-8 UAV manual. 

General Operating Standards 

Ferrovial Agroman proposes that the grant of the exemption be subject to the 

following conditions, which are based upon operating conditions set forth for operation 

of UASs by public entities pursuant to Certificates of Waiver or Authorization, and with 

additional restrictions: 

All operations will occur within controlled areas. 

• Operations will be conducted over private or controlled-access property to limit 

the number of persons being placed at risk not associated with the operations. 

Permission from land owner/controller required before commencing any flight. 

• Operations will occur during Visual Meteorological Conditions ("VMC"). 

• Aircraft will remain within Visual Line of Sight ("VLOS"). 

• Height Above Ground Level ("AGL") altitude to be restricted to 400 feet. 

• Launch and recovery areas will be cordoned off to limit access only to personnel 

associated with the flight operation. 

• A Visual Observer ("VO") will be utilized to maintain overall operation situational 

awareness, maintain VLOS and scan for intruder traffic. 

• All operations conducted in vicinity of an airport will be in compliance with any 

A TC-COA issued by the controlling ATC facility or by prior arrangement with the 

airport manager if no ATC facility is present at the airport . . 

• Flight operations will be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC or VO), vessels, vehicles, and structures 

unless: 

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a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from debris in the event of an accident. The 

operator will ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave 

such protection and are within 500 feet of the UA, flight operations 

must cease immediately and/or; 

b. the aircraft is operated near vessels, vehicles or structures where the 

land owner/controller has granted permission and the PIC has made a 

safety assessment of the risk of operating closer to those objects and; 

c. Operations near the PIC or VO will not present an undue hazard to the 

PIC orVO, per91 .119(a). 

Proposed Operating Parameters 

Ferrovial Agroman proposes to conduct all flights within VLOS of a pilot and 

observer and all flights will be limited to a maximum altitude of 400 feet AGL. To further 

enhance safety and a controlled environment, Ferrovial Agroman only will allow 

authorized personnel in the operational area. On the ground, the launch site will be 

restricted from the public, and there will be a designated person to intercept anyone not 

authorized. This procedure not only protects non-authorized individuals, it also 

minimizes distractions for the flight crew. 

Pilot in Command 

Ferrovial Agroman will utilize pilots holding a current FAA issued airman 

certificate and medical, unless otherwise required by the FAA. Since the Max-8 UAV is 

very stable and light weight aircraft it can be easily controlled by any person with proper 

training. The automatic flight control system ("AFCS") on the Max-8 UAV is highly 

integrated allowing for very precise positioning of the UAV by comparing current GPS 

coordinates and trends with preprogramed parameters. If the need arises due to 

unforeseen circumstances to take control of the UAV, the PIC can manually override the 

autopilot and safely control the UAV and its payload. The requirement to hold an FAA 

issued Airman Certificate will enhance the safety of the operation by allowing the Max-8 

UAV to operate safely within the complexities of the NAS. 

Specific Regulatory Exemption Requests 

14 C.F.R Part 21, Airworthiness Certificates. 

Part 21 establishes the procedures for the issuance of airworthiness certificates. 

Due to continuing work by the FAA to develop airworthiness standards for UAS, and 

considering the size, weight, speed and limited operations area associated with the 

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Max-8 UAV; Ferrovial Agroman requests exemption of this Part under the conditions of 

Sections 333. 

14 C.F.R. 61.113(a} and (b), 61.133(a}- Private Pilot Privileges and Limitations: 

Pilot in Command. 

61.113 subsections (a) and (b) prohibit private pilots from operating aircraft in 

commercial operations, and Section 61 .133(a) requires an individual operating an 

aircraft for compensation or hire to hold a commercial pilot certificate. The FAA has the 

statutory authority to waive the pilot requirements for commercial operations. 49 U.S.C. 

44701(f). Basis for exemption is as follows: Ferrovial Agroman requests an exemption 

from 14 C.F.R. 61 .113(a) and (b) and 14 C.F.R. 61 .133(a) so that the Max-8 UAV may 

be operated by individuals who hold a private pilot certificate 

Based upon the design features of the Max-8 UAV, its autopilot system, and 

safety factors, the FAA should permit operation of UASs by operators with a private pilot 

certificate when the conditions described above have been satisfied. The abovedescribed conditions are in line with those set forth in Volume 16, Chapter 4, Section 1 

of FAA Order 8900.1. Ferrovial Agroman proposes to conduct operations in 

accordance with these restrictions. Given these conditions and restrictions, an 

equivalent level of safety will be provided by allowing operation of the Max-8 UAV with a 

private pilot certificate. The risks associated with the operation of the Max-8 UAV (given 

its size, speed, operational capabilities, and lack of combustible fuel) are much less 

than the level of risk associated with manned operations, both private and commercial, 

as contemplated by Part 61 and Part 91, that allowing operations of the Max 8-UAV, as 

set forth above, meets or exceeds the present level of safety provided under 14 C.F.R. 

61.113(a) & (b) and 61.133(a). 

14 C.F.R. 91.7 (a} Civil Aircraft Airworthiness 

91 .7 (a) requires that no person may operate a civil aircraft unless it is in 

airworthy condition. Should the exemption be granted allowing commercial operation of 

the Max-8 UAV without an airworthiness certificate, no standard will exist for 

airworthiness of the Max-8 UAV. Given the size of the aircraft, the speed it will operate 

at, the procedures for operating and maintaining the aircraft as set forth in the manuals, 

an equivalent level of safety will be achieved. 

14 C.F.R. 91.121: Altimeter Settings 

91.121 requires that 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." 

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Since the UAV may not have a barometric altimeter, but instead use GPS 

triangulation to maintain altitude control, an exemption may be needed. An equivalent 

level of safety will be achieved by the operator as the UAS uses height AGL from its 

departure point, cross-referenced with height above mean sea level ("MSL") of the 

launch point to determine altitude. 

14 C.F.R. 91.151(b): Fuel Requirements for Flight in VFR Conditions 

91 .151 (b) prohibits an individual from beginning "a flight in a rotorcraft under 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 to 

fly after that for at least 20 minutes." 

The Max-8 UAV batteries provide up to 25 minutes of powered flight. Without an 

exemption from 14 C.F.R. 91 .151 (b), the Max-8 UAV flights would be extremely limited 

in length. Given the nature of Max-8 UAV controlled operations, a limitation on flight 

time would severely comprise its intended mission. 

Ferrovial Agroman believes that an exemption from 14 C.F.R. 91 .151(b) is safe 

and consistent with the scope of previous exemptions. Operating the Max-8 UAV 

without 20 minutes of reserves does not entail the type of risks that Section 91 .151 (b) 

was meant to prevent. The fact that the Max-8 UAV carries neither pilot or passenger 

also enhances its safety. Given its size, weight and construction material, the risks are 

less than envisioned by the current regulation. 

Similar exemptions have been granted to others, including Exemptions 11062, 

11067, 11080, 11409, and 11430. 

14 C.F.R. 91.203 (a) and (b): Civil Aircraft: Certifications Required 

91 .203 (a) and (b) require that an airworthiness certificate, with the registration 

number assigned to the aircraft and a registration certificate must be displayed in the 

aircraft. Due to the size of the Max-8 UAV, as well as the inability to carry passengers 

or crew, Ferrovial Agroman request that this requirement be waived. To request an 

equivalent level of safety, Ferrovial Agroman proposes that the documents deemed 

appropriate by the FAA for this aircraft be kept by the Crew at the ground control station 

for review if requested by the Administrator. 

14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a)(b): Maintenance 

Inspections and Records 

91.405(a) requires that an aircraft operator or owner "(a) 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." Section 91.407 similarly makes reference to 

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requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the 

issuance of an airworthiness certificate. Section 91.417(a) requires that an owner or 

operator keep records showing certain maintenance work that has been accomplished 

by certificated mechanics, under Part 43, or licensed pilots and records of approval of 

the aircraft for return to service. 

Maintenance of the Max-8 UAV will be accomplished by the PIC/operator 

pursuant to the manuals provided by the Manufacturer. An equivalent level of safety will 

be achieved because the Max-8 UAV is small in size and will only operate in 

predetermined restricted areas. The Max-8 UAV PIC/operator will ensure that it is in 

working order prior to initiating flight, perform required maintenance, and keep a log of 

any maintenance that is performed. Furthermore, the operator is the person most 

familiar with the aircraft and is best suited to maintain the aircraft in an airworthy 

condition and to ensure an equivalent level of safety. Maintenance is very easy as the 

operator can simply swap out consumable parts and is competent in these procedures. 

A licensed airplane and power mechanic is not necessary. 

Conclusion 

By granting the requested exemption, the FAA will allow Ferrovial Agroman to 

benefit the public interest by promoting advancement and development of the 

technology available in construction industry. The associated cost savings, combined 

with the technological advances associated with the emerging market of UAS, will 

directly benefit the public. Furthermore, by granting the Section 333 exemption, the FAA 

will be fulfilling its Congressional mandate of the FAA Modernization and Reform Act of 

2012 by advancing the interest of the public. Therefore, Ferrovial Agroman respectfully 

requests that the FAA grant the exemption without undue delay. 

Sincerely, / 

<::: ~ 

Pascual Pia 

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