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 ofTransportation 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 ofthe FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Ferrovial Agroman, US Corp. requests exemptions from several provisions ofthe 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 ofthe United States, by a Pilot in Command ("PIC") holding a FAA issued Airman Certificate. Ferrovial Agroman submits this application for approval of commercial operations forthe 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 oftransmitting 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 Page 1 of8agroman 

### US Corp
. to 2.4835 GHz
. The Spektrum DX8 complies with Part 15 ofthe 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 UAVoperations will be conducted within Visual Line of Sight ("VLOS") and typically conducted within 1500 feet ofthe 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 ofthe 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 ofthe 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 ofthe 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 ofthe NAS orthe public. Therefore, the FAA should grant Ferrovial Agroman the requested exemptions. Alternatively, ifthe FAA finds that modification of Ferrovial Agroman 's application is required for safe operation ofthe UAS in the NAS , Ferrovial Agroman requests that the FAA describe the required modifications and process Ferrovial Agroman's application as ifthe 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.

Page 2 of8agroman 

## 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 ofthe 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 ofthis exemption application for use ofthe Max-8 UAV in aerial surveying pursuant to the exemption requested herein will advance the Congressional mandate in Section 333 ofthe FAA Reform Act to accelerate the introduction of UASs into the NAS. Section 333 directs the Secretary ofTransportation to consider whether certain UASs may operate safely in the NAS before completion ofthe rulemaking required under Section 333 ofthe FAA Reform Act. To make that determination , the Secretary must evaluate which types of UASs do not create a hazard to users ofthe NAS orthe public or pose a threat to national security in light of several criteria: • The UAS's size, weight, speed , and operational capability; Operation ofthe UAS in close proximity to airports and populated areas ; and Operation ofthe UAS within visual line of sight ofthe 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 ofthe 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 ofthe requested exemption is in the publ ic interest based on (i) the clear direction in Section 333 ofthe FAA Reform Act; (ii) additional authority in the Federal Page 3 of8agroman 

## US Corp. Aviation Act, as amended; (iii) the strong equivalent level ofsafety 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 ofthe 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 ofthe 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 ofthe 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 ofWaiver orAuthorization, and with additional restrictions: All operations will occurwithin 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 offto 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 ATC-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: P age 4 of 8ogromon 

## US Corp
. 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 ofthe UA, flight operations must cease immediately and/or; b
. the aircraft is operated nearvessels, vehicles or structures where the land owner/controller has granted permission and the PIC has made a safety assessment ofthe 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 ofthe UAV by comparing current GPS coordinates and trends with preprogramed parameters. Ifthe need arises due to unforeseen circumstances to take control ofthe 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 ofthe 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 Page 5 of 8

### agroman 

## US Corp
. Max-8 UAV; Ferrovial Agroman requests exemption ofthis 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 ofthe 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 ofthe Max-8 UAV with a private pilot certificate. The risks associated with the operation ofthe 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 ofthe 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 ofthe aircraft, the speed it will operate at, the procedures for operating and maintain ing 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 ofthe departure airport or an appropriate altimeter setting available before departure." Page 6 of8agroman 

### US Corp
. 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") ofthe 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 meantto 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 ofthe 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 atthe 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 ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section , have discrepancies repaired as prescribed in part 43 ofthis chapter
." Section 91.407 similarly makes reference to P

age 7 of 8

### ngromnn US 

### Corp. 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 ofthe Max-8 UAV will be accomplished by the PIC/operator pursuant to the manuals provided by the Manufacturer. An equivalent level ofsafety 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 ofthe 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 ofthe FAA Modernization and Reform Act of 2012 by advancing the interest ofthe public
. Therefore , Ferrovial Agroman respectfully requests that the FAA grant the exemption without undue delay
. Sincerely, / 

# <:::



# ~ Pascual Pia

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