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 Regulations 

Dear Director, Flight Standards Service: 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (the 

"Reform Act") and 14 CFR, Part 11 , Foth Infrastructure and Environment, LLC (the 

"Applicant") submits this petition for exemption from severa l Federal Aviation Regulations 

(''FARs") as noted in Appendix A of this letter 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 Applicant to safely, efficiently, 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 exemption 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 Spreading Wings S800 EVO, DJI Spreading Wings S900, DJI Spreading Wings S1000, 

DJI Spreading Wings S1000+, OJ I Inspire 1, DJI F450, DJI Flame Wheel 550, DJI Matrix 100, 

Sensefly Exom, Sensefly Swinglet CAM, 3D Robotics Iris+, 3D Robotics Solo, 3D Robotics X8-

M, 3D Robotics 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, 

Gryphon Dynamics X0800F, HMF S550, AgEagle, Event38 E384, Precision Drone Pacesetter, 

CarbonCore H650, Ouanum 680UC Pro, Firefly Cinestar 8, Firefly Cinestar 8HL, Firefly Cinestar 

8 MK Heavy Lift, Blade 350QX, Blade 350QX3, DraganFiyer X4-ES, Microdrones MD4, 

Microdrones 4-200, Microdrones 4-1000 , Microdrones 4-3000, PreNav 1. 0, G4Skycrane, G4 

Surveying Robot, Service-Drone Recon One, Service-Drone Blackbird, Service-Drone G4 Eagle, 

Plexidrone UAS, Align M690L, SteadiDrone Flare, SteadiDrone Mavrik, Aeryon Labs Skyranger, 

Aeryon Labs Scout, ATI AgBot, Tempest , SuperSwift, Apollo, RDASS4, FreeFiy ALTA, PAG X4, 

Fotokite Pro UAS, SOAP M680, AirRobot AR180, Altus Delta X-8, Action Drone AD-2, Ascending 

Technology Falcon 8, Aerialtronics Altura Zenith ATX8, LMPT lndago, AD-Talon Drone, 

AD1 Drone System, AirShark Ouadcopter, Airshark Hexacopter, AirShark 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 operated are rotorcraft and fixed wing aircraft, each weighing less 

than 55 lbs. , including payload. They would operate, under normal conditions, at a speed of 

no more than 86 knots. The principal construction material of the UAS aircraft would 

typically be foam and/or plastic. Operations will be performed by a qualified UAS Pilot in 

Command (PIC), as outlined below, to insure that the UAS will "not create a hazard to users 

of the national airspace system or the public." Given the small size of the UAS involved and 

the pre-planned environment within which they will operate, the applicant believes that these 

operations fall squarely within that zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS 

to commence immediately. Also, due to the size of the UAS and the pre-defined, restricted 

area in which the UAS will operate, approval of the application 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 impacts 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 flying 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. Aircraft shall not be operated within 5 miles of an airport without prior 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 Department of Transportation 

January 21, 2016 

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 include 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 flight 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 information. 

17. A briefing will be conducted in regard to the planned UAS operations prior to operation at 

each new location. All personnel who will be performing duties within the boundaries of the 

area of operation will be present for this briefing. 

18. All required permissions and permits will be obtained from appropriate state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies. 

19. Written, to include electronic, and/or oral permission from the relevant property owners will 

be obtained prior to an operation. 

20. The UAS pilot will be trained in advance for the safe operation of the UAS to be operated. 

This will include operation of the UAS both in normal and emergency modes of operation, 

and will include familiarization with the operation manual (or similar) if published by the 

UAS manufacturer. Training will also include types of maneuvers to be performed and the 

safe operation in relation to persons, property and applicable airspace. 

It is the applicant' s belief that the size, weight, speed, operating environment, and operating 

capabilities provide an "equivalent level of safety" or better when operating a UAS for the 

public interest as outlined in Section 333 of the Reform Act. It is requested that the 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, Iowa 52402 

319-297-2056 

Enclosures: 

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

Appendix 8: Summary for the Federal 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 additional regulations that may technically apply to the operation of UAS's: 

1) Part 21, Certification procedures for products and parts, Subpart H-Airworthiness 

Certificates. 

a) I request relief in accordance with previously approved petitions which concluded that 

the aircraft requested in the petition meet the statutory criteria provided in Section 333. 

b) Public safety will not be jeopardized due to the size, weight and power (SWAP) of 

these aircraft and their manufacturer's designed inherent safety features. 

2) 45.29 (b)(3), Size of marks. 

a) Relief is requested in that due to the small size of the aircraft in this petition, the 

section's 12-inch lettering for aircraft requirement will not fit on any surface of the 

sUAS. Instead it is recommended that the N-number will be displayed in the largest 

font size permitted by the sUAS structure and fuselage. 

b) No adverse effect on safety is anticipated and the intent of the section will be fulfilled. 

3) 91.7 (a), Aircraft airworthiness. 

a) The aircraft in this petition are sUAS and have not been submitted to the FAA aircraft 

airworthiness standards. Relief from this requirement is requested and is evident that 

the aircraft have demonstrated their airworthiness from current manufacturi ng 

standards and history. Additionally, the aircraft in this petition have already received 

exemption from Section 333. 

b) An equivalent level of safety is ensured by following the manufacturer's 

operation/maintenance manual, pre-flight inspections and maintenance inspections as 

listed below in paragraph 7. 

4) 91.9 (b)(2), Civil aircraft flight manual, marking and placard requirement. 

a) Relief is sought from placing the flight manual in the aircraft, but to co-locate the flight 

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 in 

Command (PIC) of the sUAS, on the ground, will be ensured by its location near the 

flight 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 fuel (Battery power) reserve. The 

sUAS in this petition are battery powered and have current battery level indications 

present on the controller screens, also 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 successful landing, however with the small size of these 

aircraft, a low battery induced landing may be successfully achieved in nearly any 

open area of only several feet in diameter. 

b) An equivalent or superior level of safety will be achieved by the manufacture's SW 

requiring an automatic return to take-off point upon reaching a low battery level if the 

PIC fails to act, also that the aircraft in this petition have the ability to land nearly 

anywhere without disrupting 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 Records. 

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 major 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 provided by the manufactures ensuring 

that the latest technology improvements for safety and reliability are incorporated into 

these sUAS. Adherence to the manufactures maintenance manual will ensure proper 
U.S Department of Transportation 

January 21, 2016 

Page 7 

aircraft 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 Modernization 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 begin commercial 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 91.121; 14 CFR 91.151 (a)(1 ) and 14 CFR 

91.405. 

Benefiting the public interest, an approved exemption would permit Foth Infrastructure & 

Environment, LLC to conduct commercial flight operations using sUAS which will provide for 

market research on and begin commercial operations in the area of surveying. 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.