Submitted electronically

September 23 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

RE: Petition for Exemption from Certain Federal Aviation Regulations according to

Section 333 of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam:

Palmer Paving Corporation ( Palmer ) is applying for an exemption from the Code of Federal Regulations to allow Palmer to conduct aerial inspections of its aggregate mining quarries as detailed below.



### The exemption would permit commercial operation of a small unmanned aircraft system (SUAS) in the national airspace (NAS) as regulated by the FAA for aerial data

collection , for the following uses:

r emote sensing and measuring by an instrument(s) aboard the SUAS including ;



### A. imagery (photography, video, infrared, etc.) ;

B. electronic measurement (precision surveying, RF analysis, etc.) ;

C. chemical measurement (particulate measurement, etc.) ; or

D. any other gathering of data by instruments aboard the S UAS.

All operations to be performed by Palmer with a SUAS will be cost

- effective and will promote greater safety by reducing the size of the aircraft currently used to conduct aerial inspections from one weighing up to several tons to one weighing less than 55 pounds. In addition, the

S UAS does not use flammable liquid fuel. Instead, it operates on high

- energy batter ies. The SUAS will be flown in the lower strata of controlled and uncontrolled airspace at 400 ft. AGL

and below , during daylight hours, within the visual line of sight (VLOS) of the pilot

. Palmer will utilize the SUAS only in predetermined and preapproved airspace and in compliance with FAA regulations , as amended

, and as permitted under a Section 333 Grant of Exemption and in

accordance with Palmer ’s operating and safety protocols and risk management standards

. Use2 PAL333A0923 15 of the SUAS for Palmer ’s aerial inspecti ons of its aggregate operations will eliminate the need for larger aircraft and will significantly reduce the risk of survey and inspection personnel on the ground. The SUAS is a far more efficient tool for conducting aerial inspections and will

allow Palmer to conduct more frequent inspections and to improve safety of our employees and

contractors that conduct surveys and inspections.

BACKGROUND AND REFERENCES

The United States has more than 2.5 million miles of roadway of which ninety

- four percent a re paved with asphalt. The manufacture, distribution, maintenance, delivery and recycling of the asphalt used in these roadways has built an economy of more than $30 billion.

Under best conditions, asphalt lasts approximately 25 years before needing repai r. The United States national infrastructure is in constant need of labor intensive maintenance. Because asphalt must be laid quickly before its temperature drops, time is of the essence. Most laying of asphalt
must occur in a radius of 15 miles from the a sphalt hot

- mix plant. Roadways must be closed to protect workers that are collecting data on the infrastructure in place.

The University of Minnesota conducted an 18 month study that concluded the use of drones
would minimize lane closure and be able to gather the data that would otherwise expose human workers to traffic safety hazards. Also the University of Twente in the Netherlands, noted that
drones e quipped with infrared cameras can readily measure the asphalt's temperature. This is more than helpful in determining whether recently laid asphalt is ready to be steam

- rolled (steam

- rolling can damage cold asphalt).

Because 95% of asphalt is made from stone and aggregates, the hot mix plant poses safety risks. Inspections of cold feed bins, stockpiles, p it and quarry inspections expose the inspector to hazards. Unstable aggregate materials may shift and not be able to fully support the inspector. In addition equipment inspection of the mix plant may prove difficult to reach elevated areas due to
the extreme height of silos or conveyor belts used to transport the asphalt materials.

In support of this petition and the FAA's evaluation process, we reference previously granted 333 exemption petitions by the FAA with same or similar purposes as follows:

• Asphalt paving and ground utilization: Exemption No. 11729, Rose Paving Company.

• Aerial digital imagery, survey, and inspection: exemption no 11992, Aerial Check

UAVs

• Further commercial purposes for safety and public awareness of sUAV uses; exemption no. 11409, Wade Bell

• Aerial photography and evaluation of emergency response scenes and operations: exemption no. 12508, Castle Rock Fire and Rescue Department

• Emergency services support and search and rescue exemption no. 12515, RPA/UAS Consulting LLC3 PAL333A092315 DESCRI PTION OF PETITIONER

Palmer is a global building materials company that provides high quality products and reliable

service to customers and communities throughout the Americas, Europe, Africa, the Middle East, and Asia. Palmer produce s , distribute s , and sell s cement, ready

- mix concrete, aggregates, and related building materials in more than 50 countries, and maintain s t rade relationships in

close to 100 nations.

NAME OF PETITIONER

Nick Barrett Palmer Paving Company 25 Blanchard St, Palmer, MA 01069 Telephone: (413) 283

- 8354

AGENT FOR Palmer

For technical and administrative questions on this petition, please contact:

Mr. Brian Dyer

RPS

- West Email: Brian.Dyer@RemotePilotSystems.com

Palmer requests a Summary Grant of Exemption for the following aircraft:

A

– Aibot X6 approved under exemption no. 11356

B

– Yuneec Typhoon Q500 4K approved under exemption no. 11438

Thank you for your time and attention.

Sincerely,

Brian Dyer4 PAL333A0923 15 DESCRIPTION OF UNMANNED AIRCRAFT SYSTEMS

Palmer requests the following aircraft:

• The Aibot X6

• The Yuneec Typhoon Q500

Aibot X6

The Aibot X6 is an electric multirotor aircraft configured as a vertical take

- off and landing hexacopter in a V

- 6 designed for aerial survey and inspection. Aibotix in Germany has delivered more than 200 aircraft since 2011. The flight control system used with the aircraft is designed and manufactured in Germany, has undergone continuous improvement and deve lopment, with all source code modules under company control.

Safety features include:

• Mitigation for loss of radio control link, through programmable emergency failsafe to controlled descent or, if GPS signal is sufficient, to return to point of takeoff.

• The pilot may override waypoint programming with manual stick control in case of emergency or route adjustment.

• Telemetry is displayed on the pilot’s handheld controller and maybe announced by

voice.

• The X6 is optimized for aerial survey with safety featu res to reduce pilot workload, such as attitude stabilization, GPS satellite

- assisted navigation, return to home and

auto land.

The aircraft is less 1.2 meters, in diameter, is made of carbon

- fiber reinforced polymer in a high visibility color, with protec tive blade guards surrounding the six rotors, and is designed for a maximum takeoff weight of less than 15 lb. and a flight time of about 20 minutes with its dual

battery power. Maximum speed is about 55 mph, but Palmer treats this limitation as an

emergenc y reserve, and plans no flying at greater than 25 mph. The aircraft carries no flammable liquid fuel.

Radio control and video transmission systems meet FCC requirements for operation in the unlicensed spectrum of the 2.4 and 5.8 GHz ranges. Manufacturer warnings about interference from devices operating at or near these frequencies or their harmonics are documented in the
manufacturer’s manual.5 PAL333A092315 Yuneec Typhoon Q500/Q500 +

The Typhoon Q500 series are vertical takeoff and landing unmanned aircraft of quadcopter design. Manufactured by Yuneec International Co. Ltd., the Typhoon Q500 has the world's first Smart Transmitter (the "ST

- 10 series Ground Station" with 10 channels) combining a 2.4GHz radio control transmitter with a 5.8GHz digital video link. I t operates on a built

- in Android touch screen. Safety features include Geo Fencing, Home Mode and Return Home. Geo Fencing prohibits the aircraft from exceeding a programmed permitted radius. When activated, Home Mode will automatically return the aircraft within a 10

- foot radius of its starting point. Should the transmitter signal be lost or visual line of sight with the aircraft impaired, upon signal, Return Home will automatically take control of the aircraft and return it to the operator/base station.

T akeoff weight with manufacture provided camera and gimbal payload and battery is 3.75 lbs.

The Typhoon Q500 dimensions are 16.5 by 16.5 by 8.3 in. with a diagonal of 22.2 in. without rotor blades attached. It can fly up to 25 minutes on its 5400mAh 3S 11. 1V lithium polymer battery. Radio control and video transmission systems meet FCC requirements for operation in the unlicensed spectrum of 5.8 GHz ranges.

EXTENT OF RELIEF SOUGHT AND WHY

Palmer asks for relief from regulations tabled below, which the authority of the FAA has previously granted in exemption no. 11062 along with six others described as “in commonality”, and in no. 11109, which are for use of electric rotorcraft. This incorporates the conditions and limitations of these grants of exempti on, and in some cases imposes stricter limits on its own operations.6 PAL333A0923 15 CFR CODE CITATIONS

14 CFR
PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF
SAFETY

61.113 (a) Private pilot privileges and limitations: pilot in
command (PIC) Holder of private pilot certificate may not act as
PIC for compensation or hire. Flying for compensation on survey
missions is central to purpose of exemption
request. Characteristics of aircraft, VLOS, under 400 ft. AGL, trained visual
observer in radio communication with pilot; remote site, construction industry safety protocols enhanced by flight safety plan; PIC with airman’s certification, appropriate medical
and vi sion qualification, currency
in the aircraft listed on the certificate, pilot training, testing, proficiency with similar and same
model SUAS ; and inspection/maintenance are
defined in the Flight Operations Manual ( FOM ). and will ensure equivalent levels of safety.

61.113 (b) Private pilot privileges and
limitations: PIC Holder of private pilot certificate may act as PIC for compensation or hire if flight is incidental to business or employment and does not carry passengers for compensation or hire. Flying for compensation on survey missions is central to purpose of exempt ion request, not
incidental to business or employment. There is no passenger or pilot on
board the SUAS , thus safety issues are different from a manned flight.
Palmer’s aircraft have programmable automated safety features and emergency responses, have pre

- flight checks for safety beyond commercial manned aircraft, can be geographically restricted by operator with programmable control points, have
communications with the PIC regarding fuel loss and other flight hazards. PIC will have ground school training certificate and additional 25 hours logged flight
time and 25 hours classroom and
field instruction as stated in the Flight Operations Manual.7 PAL333A092315 14 CFR
PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF
SAFETY

91.119 (c) Minimum safe
altitudes over other than congested area Operating closer than 500 feet to a person, v ehicle, or structure may be necessary for survey and equipment inspection. People will not be allowed over, under or within 500 feet laterally of the aircraft in flight. Some flights may require the participation or guidance of industry personnel, positio ned as
close as 200 feet. Palmer will brief them on safety and obtain necessary consent. Industry site safety rules will be followed.

91.121 Altimeter settings Procedures to set and
confirm altitude do not provide for operation of remote telemetry to SU AS pilot. An onboard air pressure sensor and software resolve height
differences as small as one
centimeter. Altitude is controlled by measuring air pressure and the

z

- axis accelerometer/GPS values. The starting point is a relative height measurement calc ulated by the flight controller. Altitude above ground is displayed on the pilot's handheld controller by telemetry, and alarms can signal
conditions of interest. 400 feet AGL is the maximum permissible
in the FOM , which describes altimeter procedures.8 PAL333A0923 15 14 CFR
PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF
SAFETY

9 1.151 (b) Fuel requirements for flight in VFR
conditions Rotorcraft under VFR must carry enough fuel to reach first landing point and then
another 20 minutes. The
multirotor aircraft specified in this petition is designed to fly missions of
25 minute dura tions. On aircraft specified, battery voltage under load is displayed on the pilot's handheld controller during flight. Battery chemistry does not support adequate current discharge below about 3 v per
cell . Circuitry in the onboard flight controller measures voltage and will start a failsafe procedure
to land before summed
minimums are reached. In the event that one or more cells fail, these minimums may be reached sooner than expected, due to rapid current drain against a smaller number of functioning
cells. Palmer pilots are trained to monitor voltage and recognize abnormal discharge in flight and
to land sooner than forced. If 20 minutes of flight time or 25% of reserve voltage under load is reached, pilo t must commence landing.9 PAL333A092315 14 CFR
PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF
SAFETY

91.405 (a) Maintenance required Required inspections and discrepancies repaired between the required inspections pertain to
certificated manned aircraft and procedures conducted by licensed maintenance personnel. In
the absence o f certification requirements for SUAS
and SUAS maintenance personnel, reasonable
alternatives must be developed to maintain equivalent levels of safety. Palmer will document maintenance, overhaul, replacement and inspection requirements in the absence of manufacturer's requirements;
Palmer will document and
maintain maintenance records and technician qualification criteria in
the FOM

.

91.405 (b) Maintenance
records Qualifications for maintenance personnel for
SUAS were not contemplated by these regulati ons, and a
reasonable alternative must be developed to maintain equivalent levels of safety. Qualifications, competence and testing for maintenance personnel
are defined in the FOM

.

91.407 (a) (1) Operation after maintenance, preventive maintenance,

re building, or
alteration There is no authorization procedure for a person who
can approve a return to service of an SUAS, and a
reasonable alternative must be developed to maintain equivalent levels of safety. Procedures for the PIC to test then

approve a return to service after
maintenance are defined in the
FOM

.10 PAL333A0923 15 14 CFR
PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF
SAFETY

91.409 (a) (1) Inspections Annuals conducted by a qualified inspector require
authorization criteria for that inspector, not yet
defined for SUAS. A
reasonable alternative must be developed to maintain equivalent levels of safety. Schedules for inspection and responsibilities of th e PIC and qualified technician are described
in the FOM

.

91.409 (a) (2) Inspections Issuance of airworthiness
certificates for SUAS under 55 lb. operated VLOS is not contemplated by these regulations Airworthiness is the responsibility
of the PIC and the technician as
defined in the FOM

.

91.417 (a) Maintenance
records Regulations do not contemplate requirements or approval processes for
maintenance and inspection of uncertificated SUAS, however a

rea sonable alternative must be developed to maintain equivalent levels of safety. The operator will maintain records according to the procedures specified in the FOM

.

91.417 (b) Maintenance
records Retaining and transferring
records of maintenance and
def ects according to standards prescribed for
authorized maintenance and inspection is not contemplated in the regulations for SUAS. A
reasonable alternative is necessary to maintain equivalent levels of safety. Records and documentation will be kept for all maintenance performed, defects, and for all components specified in the FOM

.11 PAL333A092315 PILOT IN COMMAND AND CREW

The PIC must hold an airman’s certification recognized by the FAA such as an airline transport, commercial, private, recreational, sport pilot, or glider pilot (powered or non

- powered). The PIC must hold a current FAA airman medical certificate as required by the class of airman certification. In the case of the sport pilot certification, the PIC must possess a valid U.S. driver’s license issued by a State, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must comply with the training and testing specified in the operator’s manual. The PIC must remain in radio communication with a visual observer who complies with the training and testing specified in the operator’s manual. The SUAS must be operated within VLOS of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license. The PIC must operate within vis ual line of sight only, and be able to see the attitude and orientation of the aircraft. If GPS or magnetometer is compromised, certain safety features may not operate, and the pilot must understand by training and experience how to recover control.

OPE RATION OF THE UNMANNED AIRCRAFT

The aircraft will be under the operational control of the Palmer designated PIC.

As the operator of these aircraft, Palmer is committed to the following conditions and limitations on its operations. Palmer understands th at failure to comply will be grounds for the immediate suspension or rescission any exemption granted.

1.Operations are limited to the SUAS listed in the Appendix when weighing less than 55 pounds including payload.

2. Operations for the purpose of close d

- set motion picture and television filming are not approved.

3. The aircraft will not be operated at a speed exceeding 87 knots (100 miles per hour). In no case will the aircraft be operated at airspeeds greater than the maximum aircraft operating airspe ed recommended by the aircraft manufacturer.

4. The aircraft will be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The aircraft will be operated within VLOS of the PIC at all times. T his requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the
PIC’s U.S. driver’s license.

6. All operations will utilize a visual observer (VO). The aircraft will be operated within the
VLOS o f the PIC and VO at all times.12 PAL333A0923 15 7. All operating documents needed to operate the SUAS and will be accessible during SUAS operations and made available to the Administrator upon request. The operator will also present updated and revised documents if it pet itions for extension or amendment.

8. Any SUAS that has undergone maintenance or alterations that affect the SUAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight prior to conducting further operations.

9. Palmer is responsible for maintaining and inspecting the SUAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC will conduct a pre

- flight inspection and determine the SUAS is in a condition for safe flight.

11. Palmer will follow the SUAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each SUAS operated under this exemption will comply with all manufacturer safety
bulletins.

13. The PIC will hold a SUAS flight training certificate, in some cases training direct ly from the aircraft manufacturer, and a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government.

14. Palmer will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the SUAS in a manner consistent with how the SUAS will be operated to acquire aerial data, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qua lification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Palmer will operate flights for the purposes of training Palmer PICs and VOs (training, proficiency, and experience building) and determining the PIC’s abili ty to safely operate the SUAS

.

15. SUAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC).

16. The aircraft will not operate within 5 nautical 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 letter of agreement with that airport’s management is obtained or otherwise permitted by a COA.

17. The aircraft 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 3 statute miles from the PIC.

18. If the SUAS loses communications or loses its GPS signal, the aircraft will return to a pre

-13 PAL333A092315 determined location.

19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC will be prohibited from beginn ing a flight unless (considering wind and forecast weather conditions) there is enough available power or fuel for the aircraft to conduct the intended operation and to operate after that for at least five minutes or with the reserve power or
fuel recommen ded by the manufacturer if greater.

21. All operations shall be conducted in accordance with an ATO

- issued COA if the blanket COA does not cover the intended operation.

22. All aircraft operated will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

23. Documents used by Palmer to ensure the safe operation and flight of the SUAS and any
do cuments required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground
Control Station of the SUAS any time the aircraft is operating.

24. The aircraft will remain clear and give way to all manned aviation operations and activities at
all times.

25. The SUAS may be operated by the PIC from a moving device or vehicle; however, specific requests will be made via subsequent COA.

26. All flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, veh icles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the aircraft or debris in the event of an accident; or

b. The owner/controller/operator of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made an assessment of the risk of operating closer to those objects and determined that it does not present an
undue hazard.

27. The PIC, VO, operator trainees or essential persons will not be considered nonparticipating persons under this exemption.

28. All operations conducted over private or controlled

- access property will be conducted with the permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be
conducted.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries14 PAL333A0923 15 of the operational area as defined by the a pplicable COA will be reported to the FAA's SUAS Integration Office (AFS

− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

BENEFIT TO THE PUBLIC

Approval of this petition allowing commercial operations of an SUAS will enhance public safety by reducing public safety risk. The use of a battery operated SUAS by Palmer for aerial inspection, geo

- mapping and imag e and film capture, is more environmentally sound and safe compared to a conventional, liquid

- fueled aircraft. It provides a smaller environmental footprint, decreases manpower and separates the aircraft operators from the aircraft. The use of the specifie d SUASs further protects the public by used in restricted environments and reducing impact hazards.

REASONS WHY THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

The survey aircraft will be operated in accordance with FAA and Palmer safety protocols.

The survey aircraft carries no person, cargo, or flammable liquid fuel. Its size and weight are a small fraction of any manned aircraft, and its safety systems reflect best design practices in the SUAS industry.

In addition, Palmer will keep the approved Flight Manual at its ground control station. The PIC will have immediate access to it. Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not adversely affected when the approved Aircraft Flight Manual is kept at th e ground control station of a SUAS, where it can be immediately accessed by the

PIC.

When properly operated by trained pilots, a well

- designed SUAS and trained pilot can stay clear of people and property on the ground and in the air. Procedures, airmanshi p skills, training and testing requirements for SUAS personnel will let the operator achieve safety levels in the NAS and on the ground that are equivalent to or greater than that in manned aviation.

SUMMARY FOR PUBLICATION

The following summary may be published in the Federal Register:

Palmer requests an exemption from:

14 CFR Parts 61.113 (a) and (b)15 PAL333A092315 14 CFR Parts 91.119 (c), 91.121, 91.151 (b), 91.405 (a) and (b), 91.407 (a) (1), 91.409 (a) (1), 91.409 (a) (2), 91.417 (a)

in order to operate a small unmanned aircraft system (SUAS) for purposes of aerial inspections and monitoring, aerial geo

- mapping and aerial imaging and filming and aerial data collection. The PIC will be appropriately qualified with a current FAA approved pilot certificate for SUAS operation and specialized training.

Imagery, electronic measurement, chemical measurement or any other gathering of data to be done by instruments aboard the SUAS , are conventionally done by manned aircraft operations, which use liquid fuel and weigh upwards of 5,000 lbs. These operations must fly the aircraft to and from the operation’s lo cation. The use of the Aibot X6 and the Yuneec Typhoon Q500 4K

— both of which are ultra

- light weight and equipped with electronic safety features that minimize the safety risk from that of a manned aircraft to people and property allowed within and outside the zone of operations.

Flight operations outside the secure area s are not allowed. There are no impacts to privacy.