# Foth

Foth Infrastructure & Environment, LLC 3950 River Ridge Drive NE, Suite A Cedar Rapids, Iowa 52402 Jodv

. Budde@foth

.com 319-297-2056 

### January 21, 2016 U. S

. Department of Transportation Docket Management System 1200 New Jersey Ave ., SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulat ions Dear Director , Fli g ht Standards Serv ice : In accordance with Sect ion 333 of the FAA Modernization and Reform Act of 2012 (the
" Reform Act") a nd 14 CFR, Part 11 , Foth Infrastructure and Environment, LLC (the
"App li can t") su bmits thi s petition for exemption from severa l Federal Aviation Regulations (''FARs ") as noted in Appendix A of thi s lette r in order to begin commercial operations using Unmanned Aircraft Systems (" UAS ") in the National Airspace System (NAS) governed by the FAA.
The requested exemption would allow the Appl icant to safely , effic iently , and economically use commercial UAS in NAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Foth wishes to begin market research on and begin commercial operations for sUAS applications in aerial mapping, surveying, precision agriculture and remote inspection services. This service is critical to the local infrastructure and well-being of the general public. When using UAS to complement field personnel, they reduce safety concerns associated with those risks. Operation of UAS will substantially reduce the risk to life and property in the air , and on the ground, which is commonly associated with traditional manned aircraft flight operations.
The FAA has now issued over 3,129 Section 333 exemptions to various commercial enterprises for UAS applications ranging from aerial photography to precision agriculture and infrastructure inspections. The FAA has also granted hundreds of Section 333 exemptions for surveying applications in circumstances that are similar in all material respects to those proposed here

. In issuing those exemptions and other Section 333 grants, FAA found that "the enhanced safety achieved using an unmanned aircraft 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. " The same public interest and safety justifications apply to Applicant's position and should enable the FAA to grant it on an expedited basis.U

. S Department of Transportation January 21, 2016 Page2

The aircraft that Foth intends to fly include: Fixed-Wing sUAS exemption requested: Trimble 

### UXS, Trimble 

### UXS HP, SenseFiy eBee Ag, SenseFiy eBee RTK, SenseFiy eBee,, PrecisionHawk Lancaster, PrecisionHawk Lancaster MK3, PrecisionHawk Hawkeye Mk-111, Swift Radioplane Lynx M , Altavian Nova F6500 , Altavian R8400, G-Astral Aerospace BRAMOR rTK , Skywalker EP , X-UAV Talon FPV , Skywalker X8 , Bormatec MAJA, MDAP XUAV Talon, ASC-RVJET , RoboFiight RF70,

Multirotor sUAS exempt ion requested : Trimble 

### ZXS, DJ I Phantom 1 , DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3 , DJI Phantom 3 Advanced , DJI Phantom 3 Professional , DJI Phantom FC40, DJI Spreading Wings S800 , DJI Sp read ing Wings S800 EVO , DJI Spreading Wings S900, DJI Spreading Wings S1000 , DJI Spreadi ng Wings S1000+ , OJ I In spire 1, DJI F450, DJI Flame Wheel 550 , DJI Matrix 100, Sensefly Exom , Se ns efly Swinglet CAM, 3D Robotics Iris+, 3D Robotics Solo , 3D Robotics X8

- M , 3D Robot ics X8+ , 3D Robotics Y6 , 3D Robotics Aero, 3D Robotics Aero-M, 3D Robotics Spektre , ARF-Mikrokopter OctoXL , ARF-Mikrokopter OctoXL 6S12 , OAV500V2, Airbotix X-6, Yuneec 0500 , Yuneec Typhoon 0500 4K, Hubsan X4 Pro H109S, Monarch, Monarch Ag , Bergen Octocopter , MAP

- M4 , SkyView Aerial Solutions M04, SkyView Aerial Solutions M08, Arris hexacopter, Tarot quadcopter, Tarot Oct-Copter X8, Tarot T-15, Tarot T18 , Tarot T18 UAV , Gryp hon Dynam ics X0800F , HMF S550 , AgEagle , Event38 E384, Precision Drone Pacesette r, CarbonCo re H6 50 , Ouanum 680UC Pro , F i refl y Cinestar 8, Firefly Cinestar 8HL , Firefly Cinestar 8 MK Heavy Lift , B lade 350QX , Blade 350QX3 , DraganFiyer X4-ES, Microdrones MD4 , Microdrones 4

-200 , M icrodrones 4- 1 000 , Mi crodrones 4-3000 , PreNav 1

.0 , G4Skycrane, G4 Surveying Robot , Se rvice-Dron e Recon One , Se rvice-Dron e Blackbird , Service-Drone G4 Eagle, Plex idrone UAS , A l ign M690L , Stead i Drone F lare , Stead i Drone Mavrik, Aeryon Labs Skyranger , Aeryon Labs Sco ut , ATI AgBot , Tempest , SuperSw ift , Apollo , RDASS4 , FreeFiy ALTA , PAG X4, Fotokite Pro UAS , SOAP M680 , A i rRobot AR 1 80 , A ltu s De lta X-8 , Acti on Drone AD-2 , Ascend i ng Technology Falcon 8 , Aerialtronics Altura Zenith ATX8 , LMPT l ndago , AD-Ta lon Drone , AD1 Drone System, AirShark Ouadcopter , Airsha rk Hexacopter , Ai rShark Octacopter , Kespry UAS, Vulcan Raven x8, Carbon Core Octocopter, Tayzu Robotics Titan X8, Turbo Ace Matrix 1 , Xact Sense Max-8, and Pulse Aerospace Vapor 55.

Note that all of these aircraft have previous approvals as documented in Exemption Numbers: 11109A, 11110 , 11110B , 11188 , 11228, 11241B , 11260 , 11263, 11263A , 11273, 11295, 11306 , 11306B, 11307A, 11307B, 11351 , 11351A, 11351B, 11376 , 11376A, 11398 , 11432A, 11436A, 11504,11508,11510,11551 , 11552A, 11578A, 11584A, 11604A, 11617, 11651B , 11662, 11756A, 11784A, 11788 , 11815A, 11832, 11859, 11861, 11862, 11881, 11882, 11925, 11935, 11956 , 11969, 11976, 11977, 12002A, 12008, 12083, 12084, 12117 , 12120, 12146A, 12156, 12156A, 12174, 12174B , 12232, 12368, 12402, 12402A, 12432A, 12504A, 12574, 12593A, 12601, 12652 , 12771, 12804 , 12833 , 12931, 12997, 13014, 13076, 13182 , 13207A, 13315, 13619, 13671, 13714, 13719 , 13752 , 13862, 13950, 13953, 13954 , 13963, 13967 , 13973, 14013, 14015 , 14016.

# u.s; Department of Transportation January 21, 2016 Page 3

QUALIFICATION FOR APPROVAL UNDER SECTION 333 OF THE REFORM ACT
The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other potentially relevant factors are satisfied.
The proposed operations would permit the use of small and relatively inexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access, and; (4) would provide an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose

. The UAS's planned to be o perated are rotorcraft and fixed wing aircraft, each weighing less than 55 lbs. , inc l ud i ng pay load

. They would operate , under normal conditions , at a speed of no more than 

### 86 knots

. T he prin c i pa l co nst ruct ion material of the UAS aircraft would typically be foam a nd/or p lasti c
. Ope ratio n s wil l be performed by a qualified UAS Pilot in Command ( P I C), as o utlin ed be low , to in s ure th at th e UAS w i ll "not create a hazard to users of the nat io n a l a irs pace syste m o r th e publi c ." G iven th e sma ll s ize of the UAS involved and the pre-p lanned en vi ro nm e nt wit h in whi ch t h ey will ope rate , the appl icant believes that these operations fall square ly with i n that zo ne of safety (a n equiva lent level of safety) in which Congress envisioned that the FAA must , by exe m pt ion , a ll ow commercial operations of UAS to commence immediately. Also , due to the s ize of the UAS and the pre-defi ned , restricted area in which the UAS will operate , approva l of the app li cat ion presents no national security issue

. The operation of UAS by knowledgeable professionals will serve to enhance safety , add to the public benefit, and reduce environmental impact s related to current methods of manned aircraft flight operations.
These limitations and conditions to which the operator, or its employees, acting as UAS PIC agrees to be bound when conducting commercial operations under an FAA issued exemption:
1

. Safety will be the first and foremost consideration in any UAS operation. 2

. The UAS pilot will be considered Pilot in Command (PIC), whether fly i ng or supervising, and will be responsible for safe operation of the flight. 

### 3

. Flights will be operated within line of sight of the PIC and/or an observer, which will be at a distance of less than one (1) mile. 4. The UAS will weigh less than 55 lbs. 

### 5. The UAS will operate at a maximum speed of no greater than 

### 86 knots. 6. Flights will be operated in Class G airspace whenever possible. If operation in other airspace is required , the relevant controlling agency will be notified at least 

### 24 hours prior to the operation and , if required , any necessary permission obtained

. 7. Airc raft shall not be operated within 5 miles of an airport without prio r approval of, and establishing a line of communication for the duration of the flight operation with , the controlling authority of that airport. 8. Aircraft shall avoid areas where manned aircraft can be expected to be descending through 400ft. 9. Flights will be operated under visibility and cloud clearance requirements equivalent to Visual Flight Rules (VFR). 10. The UAS will at all times give way to any aircraft carrying persons. 11. Minimum crew for each operation will consist of the UAS PIC and Visual Observer

. The observer and PIC will at all times be able to communicate by voice. cont'd

..U.S De pa rtment of Tran s po rtati o n January 21, 20 16 Page4

12

. Prior to a UAS flight, an area of operation will be established

. This area of operation will include a defined lateral and vertical area, where the UAS will operate. Safety procedures will be established for persons, property and applicable airspace within the area of operation. 13

. The UAS shall operate from on-site takoff/landing locations directly next to the PIC and/or Observer

. 14

. Flight planning will i nclude flight completion with at least 20% battery power remaining as measured by the UAS or appropriate timing

. 15. The UAS will be equipped with an autopilot system which will utilize GPS navigation, failsafe's , return-to-home (RTH) , and f l ight abort safety features, among other built-in safety features. 16

. A Ground Station will be connected , by radio communication, to the UAS during the entire flight, which will give the PIC flight information such as GPS Position, Altitude, Battery Remaining, and other telemetry informat ion

. 17. A briefi ng will be conducted in regard to the planned UAS operat ions prior to operation at each new location. All personne l wh o will be performing duties within the boundaries of the area of operation will be prese nt fo r thi s bri efi ng

. 18

. All required perm issions and pe rmits will be obtained from appropriate state, county or city jurisdictions, including local law e nfo rce m e nt, f i re, or other appropriate governmental agencies. 19

. Written, to include electron i c , a nd/o r o ra l pe rm ission from the relevant property owners will be obtained p ri or to a n o pe ration. 20. The UAS pi lot will be train ed i n adva nce for th e safe ope rat ion of the UAS to be operated. This wi ll i nclu de o pe rat i o n of the UAS both in n o rm a l a nd emergency modes of operation, and w i ll i nclude fa mili a ri zati o n with t he ope rat ion m anual (or similar) if published by the UAS ma n ufactu rer

. T ra inin g will a lso inclu de ty pes of maneuvers to be performed and the safe ope ration in re lati o n to pe rso n s , p ro pe rty a nd a p p li cable a irspace

. It is the app li can t' s be li ef t hat t he size , weig ht , speed , operati ng enviro n ment , and ope rating capab i l iti es provide an " equivale nt leve l of safety" or better when operat i ng a UAS for the public i nterest as outlined in Sectio n 333 of t he Reform Act. It is requested t hat t he FAA issue an exemption to permit safe , legal , commercial UAS operation by the applicant as soon as possible.
Respectfully submitted ,



# ~~~ Jody Budde, PLS Foth Infrastructure & Environment , LLC 3950 River Ridge Drive NE, Suite A Cedar Rapids , I owa 52402 319-297

-2056

Enclosures: Appendix A: 14CFR Sections for Exemption and Equivalent Levels of Safety Appendix 

### 8 : Summary for the Federa l Registry 

# /U.S Department of Transportation January 21, 2016 Page 5 Appendix A EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY The applicant requests an exemption from the following regulations as well as any additi o nal regulations that may technically apply to the operation of UAS ' s: 1) Part 2 1 , Cert ifi cat io n procedures fo r products and parts , Subpart H-Airworthiness Certificates

. 

### a

) I req uest re li ef in acco r dance with previously approved petitions which concluded that th e airc raft requ ested i n the petition meet the statutory criteria provided in Section 333

. 

### b

) Pub li c safety w i ll not be j eopardized due to the size , weight and power (SWAP) of

th ese a irc raft and the i r manufacturer's designed inherent safety features

. 2) 45 .2 9 ( b)( 3) , S ize of marks.



### a

) Re li ef is requested i n that due to the small size of the aircraft in this petition, the

secti on' s 12- i nc h letteri ng for aircraft requirement will not fit on any surface of the s UAS

. Instead it is recommended that the N-number will be displayed in the largest fo nt s ize pe rm itted by the sUAS structure and fuselage

. 

### b) No adve rse effect o n safety is ant icipated and the i ntent of the section will be fulfilled

. 3

) 9 1. 7 (a) , A i rc raft ai rwo rthin ess

. 

### a

) The ai rcraft i n t hi s petiti o n a re s UAS a nd have not bee n subm itted to the FAA ai rc raft

airworthiness standards

. Re li ef fro m thi s require m e nt is req uested an d is eviden t that the aircraft have de mo nstrated th e ir a irwo rthin ess fro m c urre nt m an ufact u ri ng standards and history. Addi ti ona l ly , t he a irc raft in thi s petiti on have already rece ived exemption from Section 333. 

## b) An equivalent level of safety is ensured by following the manufacturer's operation/maintenance manua l , pre-flight inspectio ns and maintenance i nspections as listed below in paragraph 7. 4) 91.9 (b)(2), Civi l aircraft flight manual, marking and placard requirement. 

### a) Relief is sought from placing the flight manual in the aircraft , but to co-locate the f l ight manual near the hand-held flight control device. The intent of the section is to provide for in

-flight reference to the flight manual , and this same ability by the aircraft Pilot i n Command (PIC) of the sUAS , on the ground, will be ensured by its locat ion nea r t he f l ight controller

. Additionally, sUAS are software (SW) centric and a majority of the PIC required in

-flight performance data and emergency procedures are viewable only by interfacing with the Graphic User Interface (GUI) on the flight controller screen

.U.S Department of Transportation January 21, 2016 Page6


### b) An equivalent or superior level of safety is achieved by the ability of these SW controlled aircraft to hold a hover, hands-off, and with a "Return to home" command with a single push of a button, allowing the PIC the ability to consult the flight manual or interact with the controller GUI with a reduced need to maintain constant hands on control of the aircraft. 5) 91.121, Altimeter setting

. 

### a) Relief is sought from this requirement to set cruising altitude or flight level by reference of an altimeter as the sUAS in this petition are GPS position and altitude initiated on the ground , with no on board radio present, therefore the current location 's GPS altitude (in effect , the local airfield altitude) is set prior to flight and the sUAS are restricted via SW to no higher altitude then 400 feet; sUAS will not be conducting cross country flights , but in essence will be conducting in and out of ground effect hovering operations. 

### b) No increased risk to public safety is incurred as all participating aircraft at low altitudes should be concerned with obstacle avoidance and using prescribed visual scans to avoid traffic. 6) 91

. 151 (a)(1 ), Fuel requirements for flight in VFR conditions

. 

### a) Relief is sought for the requirement of a 30 minute fue l ( Battery power) reserve

. The sUAS in this petition are battery powered and have current battery level indications present on the controller screens , a lso these aircraft are SW controlled and have manufacturer mandated automatic " Return to home" commands when minimum battery power is reached

. Intent of this section is to allow a manned aircraft time to reach an airport/heliport for a successfu l land i ng , however with the small size of these aircraft , a low battery ind u ced la nd i ng may be successfully achieved in nearly any open area of on ly severa l feet in diameter. 

## b) An equivalent o r superior level of safety will be achieved by the manufacture ' s SW requiring an automatic return to take-off po i nt upon reaching a low battery level if the PIC fails to act , a lso that t he aircraft in this petition have the ability to land nearly anywhere w ithout d isrupting other local flight operations, interfering with ground traffic or endangering human life

. 7) 91.405, 91.407 , 91

.409 and 91

.417 , Maintenance required , Inspections and Reco rds. 

### a) Relief is sought from this section's maintenance requirement for having FAA certified repairman conduct aircraft inspections and certified aircraft repairs

. The aircraft in this petition are mechanically simple and lightweight and minor repairs are capable of being performed by the PIC/ aircraft owner. Software and firmware updates will be downloaded per the manufacture's website and majo r repairs may be performed by the manufacturer's warranty service or other sUAS repair facility as they become available. 

### b) An equivalent or superior level of safety will be achieved due to the quickness of repair, low cost of repair actions and free SW updates prov ided by the manufactures ensuring that the latest technology improvements for safety and re l iability are incorporated into these sUAS. Adherence to the manufactures maintenance manual will ensure properU.S Department of Transportation January 21, 2016 Page 7aircraft operations and in cases of poorly written manuals, the designated PIC will perform a pre-flight , thru-flight and/or post- flight inspection , also a designated PIC or maintainer will perform the following : a monthly mechanical inspection , corrosion inspection and aircraft cleaning (Aircraft wash), and every 365-days a comprehensive mechanical inspection

.U.S Department of Transportation January 21, 2016 Page 8
APPENDIX B
SUMMARY OF SECTION 333 EXEMPTION REQUEST
In accordance with Section 333 of the Modernizat ion and Reform Act of 2012 and 14 CFR , Part 11 , Foth Infrastructure 

### & Environment , LLC has submitted a petition for exemption from the following CFRs in order to beg i n commerc ia l operations using sUAS in the National Airspace governed by the FAA : 14 CFR Part 21 ; 14 CFR 45.29(b)(3) ; 14 CFR 91

.29(b)(3) ; 14 CFR 91.9(b)(2) ; 14 CFR 9 1. 12 1; 14 CFR 9 1. 151 (a) (1 ) and 14 CFR 91.405. Benefiting the public i nterest, an app roved exempti on would permit Foth Infrastructure 

### & Environment , LLC to co nd uct co mm e rc ia l fli g ht operat ions us i ng sUAS wh ich will prov ide fo r market research on and beg in co mm erc ial o pe rat io ns i n the a rea of survey i ng

. This service is critical to the loca l in frastru ct ure a nd we ll

- be in g of th e gene ra l pub li c. When us i ng UAS to complement field pe rso nn e l , t hey red uce safety co nce rn s assoc iated w ith those risks. Operation of UAS will s u bsta nt ia lly red uce th e ri s k to li fe a nd property in t he ai r, and on the ground , wh ic h is com m only assoc iated wi t h t rad itional manned aircraft flight operat ions.