U.S.Department ofTransportation Federal Aviation Administration



### December 3, 2015
Mr. Nicholas A. 

### Arens GeotechnicalEngineer GeoEngineers, Inc. 3050 S. Delaware Springfield, Missouri 65804 DearMr. Arens: 800 Independence Ave

.. SW. Washington. D.C. 20591



### This letteris to informyouthatwe are unableto process yourpetitionfor an exemption. It

### explains whywe cannotprocessyourrequest andwhatyou should do inthe next 30 days. WhyWe CannotProcessYourRequest Wereceived yourAugust 3, 2015, exemptionrequest onbehalfofGeoEngineers, Inc. filed inDocket No. FAA-2015-3328,butwe areunableto process yourrequest any further. Yourpetitiondoes not complywiththe requirements of§ 11.81 (copy enclosed). Forus to considerthe request any further, youmust sendus all ofthefollowing:

• Thereasons why grantingtherequestwouldbeinthepublicinterest; thatis, howitwouldbenefit thepublic as awhole.

• Any additional information, views, or arguments available to supportyourrequest. Formore detailedinformationrelatingto submittingpetitions for exemption, pleasevisit http://aes.faa.gov/petition/index.html. This websitehelps thepetitionerto meetFederalAviation Administration (FAA) requirement outlines in§ 11.81 andhelps answer any questions youmayhave. WhatYou Should Do . Ifyouwantus to process yourrequest any further, youmust submittherequestedinformationwithin 30 days. Pleasenote that § 11.63(d) requires youto sendyourpetitionfor exemption atleast 120 days beforetheproposed effective date ofthe exemption.

### 2

If

### WeDoNotHearFrom You 

### Ifwe do notreceivethe information, wewill close the docket withoutnotifyingyoufurther. Ifyou have any questions youmay call the 333 InformationLine (202) 267-2999. Sincerely,

BrittanyNewton ProgramAnalyst, Airmen and

AirspaceRules Division Enclosures

### GEOENGINEERS (/]

3050 South Delaware, Springfield, Missouri 65804,Telephone: 417.831.9700, Fax: 417.831.9777 

### To:

From: 

### Date: U.S. Department ofTransportation Docket Operations West BuildingGround Floor, Room W12-140 1200 New JerseyAve. SE Washington, DC 20590 NicholasA. Arens December 15, 2015 www.geoengineers.com



### Subject: Exemption Request Section 333 ofthe FAA Reform Act- Docket No. FM-2015-3328 Dear Sir/Madam, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, GeoEngineers, Inc. (GeoEngineers), operating a small Unmanned Aircraft System (sUAS) seeks an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA) and under the conditions outlined herein or as may be established bythe FAA as required by Section 333. The requested exemption would permit GeoEngineers to provide services to consumers interested in aerial data capture usinga sUAS in thefollowing areas: • Aerial Land Surveying and Mapping • Construction Monitoringand Inspection • Agricultural Surveying • Photography and Videography ofjobsites GeoEngineers states that all sUAS flights that will occur over private or controlled access property and will do so with the property owner's prior consent. Operations underthe exemption will be subjectto strict operating requirements and conditions to ensure at least an equivalent level ofsafetyto currently authorized operations using manned aircraft and under conditions as may be modified bythe FAA as required by Section 333. Regulations from which the exemption is requested: 

# • 14C.F.R. 61.113(a) and (b) 

# • 14C.F.R. 91.9 (b) (2) 

# • 14C.F.R. 91.109 

# • 14C.F.R. 91.119 

# • 14C.F.R. 91.121 

# • 14C.F.R. 91.151(a) 

# • 14C.F.R. 91.203 (a) & 

### (b)• 14C.F.R. 91.205 (b) • 14C.F.R. 91.215 • 14C.F.R. (91.401 - 91.417) 

### UAS We are petitioningfor exemption to enable GeoEngineers to operate a DJI Phantom 2, DJI Phantom 3, and a 3DRobotics Aero fixed wing sUAS. These sUAS all weigh less than 15 lbs, have a built-in capabilityto limitthe height (400 feet AGL) it flies above the ground, to limit the radius of the distance it flies from the operator (Visual Line ofSight or 2000 horizontal feet) and to exclude it from Class B, Cand D airspace including a no fly zone feature. Each system also has the failsafe function ofthe autopilot system, which means when the communication between the Main Controller and the transmitter is lost, the system will automatically trigger Return to Home and will land in a safe manner. The above specifications meet standards listed below, some derived in accordance with the Model Aircraft Operating Standards:

• The petitioner will only operate its sUAS in line ofsight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas within the sterile area described in the operator's manual. Such operations will insure thatthe sUAS will"not create a hazard to users ofthe national airspace system orthe public." • When flying sUAV within 5 miles of an airport, GeoEngineers shall submit a Plan of Activities to the local Flight Standards District Office (FSDO) at least 3 days before the planned flight in accordance with FAA guidelines. • Maximum flighttimefor each operational flight will be 50 minutes. • Flights will be terminated at20% battery power reserve should thatoccur priortothe 50 minute limit. • The sUAS will be programmed so that itwill not be operated atan altitude greaterthan 400feetAGL. • Minimum crew for each operation will consist ofthesUAS Pilot and theVisual Observer. • The sUAS will operate duringdaylight hours only. • The sUAS Pilot will be the Pilot in Command (PIC) and will be trained in flight operations, Visual Flight Rules (VFR), and safety procedures. • The sUAS operated by the petitioner weighs less than 15 pounds, includingthe payload (i.e. camera, lens, and gimbal) utilizing FCC compliant devices and frequencies (5 GHz, 2.5 GHz, and 915 MHz). • The sUAS will operate atspeeds of no morethan 45 knots. • Given the small size of the sUAS and the restricted environment within which they will operate, our sUAS operations adhere tothe Reform Act's safety requirements. 

### FLIGHT OPERATIONS Flight Limits Operators should abide by all state, federal and regulatory agencies requirementsforflight. In general, a sUAS should not be operated in wind speeds greater than 10 m/s, or in snow, rain, low cloud cover, and fog. It isalso recommended to avoid all metal structures, power lines, and transmission towers that may interfere with thesUAS compass and GPS. No-Fly Zones It is the operator's responsibility to fly safely and abide by all state, federal and regulatory agencies requirements. Aflight log is required to maintain safe flight operations. An important part ofdocumentingthe flight log is verifying the area is not within a no-fly zone. Several resources exist online detailingthe locations of no-fly zones. The following example provides no-fly zones for the area surrounding Seattle, Washington, provided by http://flysafe.dji.com/no-fly. It should be noted the use of sUAS inside National Parks is prohibited and may not be reflected on the above listed no-fly zone maps, as well as other state, and federal facilities.

Several manufacturers utilize onboard GPS restrictingflight in no-fly zones. The flight controller has the ability to disable take-off, reduce altitude, and automatically land in some situations. With the use of a ground station, warnings and restrictions will be displayed on the screen. When researching no-fly zones, refertothefollowing websites:

• http://flysafe.dji.com/no-fly • https://www.mapbox.com/drone/no-fly/ • http://tfr.faa.gov/tfr2/list.html (FAA temporaryflight restriction areas) • http://flightaware.com/live/ (Live airtraffic, weather, and temporaryflight restriction areas) sUAS Checklist The following safety instructions and checklists are intended to not only protectthe sUAS but also people and property. Improper operation can cause serious injury and property damage. Proper training, guidance, maintenance, and following pre-flight checklist procedures can reduce these risks, and provide equivalent level of safetyto manned aircraft operations. The pre-flight checklist and flight log must be performed and is required priorto each mission.Pre-Flight Checklist • Equipment • Visually inspectthe airframe • Loose ordamaged screws • Loose or damaged wiring and connections • Batteries charged, properly installed and secure • Propellers are tight and in good condition • Remote control batteries charged • Camera battery, SO card, secure • Pre-Flight • Notify personnel offlight operations • Position sUAS in a safe, level location fortakeoff • Verify remote controls move freely • Set remote control modes • Turn on remote control • Turn on sUAS • Calibrate compass • Turn on Ground Station app and connecttosUAS • Verify GPS status and correct LED indicators • Arm sUAS motors • Takeoffand hover between 3 to 5 feet • Starttimerforflighttime • Test remote control movements (forward, backward, up, down, left, right) • Begin mission Flight Log Flight logs are important to record training, hours logged, sUAS maintenance schedules, and to provide an added layer of safety to flight operations. It is the responsibility of the pilot to ensure the sUAS is airworthy and capable to operate in a safe manner. An example flight log is detailed below, and is required prior to any mission.Project Name: Date: Site Location: File No:

Equipment Pre-Flight Checklist D Visually inspect airframe D Tablet charged D Weather conditions D Clear area D Arm motors D Loose/damaged screws D CamerajSD card D Notify personnel offlight D Position UAS in safe area D Remote control mode set D Calibrate compass D Loose/damaged wiring D FirstAid Kit D Loose connections D Glasses D Hover between 3-5 feet D Startflighttimer D Batteries charged D High VisibilityVest D Test remote control movements D Begin mission D Propellers in good condition D Hardhat D Remote control charged D Tools

FlightOperations

Pre-FlightSafety Meetings

Take off/Landing

Fatigue

Communications

AirTraffic Location

Weather

Malfunctions Injurydueto not understandingthe hazards Possible propeller strike

Exposure to the elements during longflying hours Visibility/InclementWeather Faulty Radios Emergency No-Fly zones D Connect ground station D Verify GPS status D Maintain visual contact

• Proximityto airports, structures, power lines, etc • Maintain visual observation of UAS • High altitude flying reduces battery life • Monitorweather, and be aware ofchanging conditions • Avoid flying during periods of high wind • Temperature extremes reduce battery life drastically • Locate areas on flight plan for emergency landings • Utilize pre-programmed flight modes and return to launch features • Hold a pre-work safety meetingwith the crew before anyflight operations. • Carry additional tools, batteries, propellers, first aid kit • Be alert and cautious atall times. • Approach UAS after motors disarmed and powered down. • Maintain large radius fortake/offand landing. • Never exceed payload capacity • Never attemptto catch UAS • Keep aware of hazards atall times. • Do notflyfor extended times without rest • Check remote controls, antennas, batteries and radarforweather • Carry spare batteries. • Pre-program ground station for return to launch on radio loss • Dial911 • Hospital Route 

### • http://flysafe.dji.com/no-fly • https://www.mapbox.com/drone/no-flyj • http://tfr.faa.gov/tfr2/list.html (FAAtemporaryflight restriction areas) • http://flightaware.com/live/ (Live air traffic, weather, and temporary flight restriction areas)Aircraft: Battery#: DepartureTime: Weather: Departure (%): ReturnTime: Wind Speed: Return(%): Time Flown: D Reconnaissance D Agriculture Ground Station (yesjno): D Mapping/Surveying D Construction Autonomous (yesjno): Mission: D Search and Rescue D Research Elevation: D Videography D Other: Speed:

PUBLIC INTEREST The use ofsUASs can promote safe and effective inspection and monitoringofjobsites. The use ofsUASs can reduce the risk tothe public while inspecting, surveying, or monitoringwork in otherwise hazardous locations, such as near sinkholes, landslides, and remote areas. There are locations currently not safely accessible by manned aircraft due to remote regions and mountainous terrain allowing sUAS use to eliminate the threat of human danger in manned aircraft. Reducing manned flight and human inspection ofsuch sites through sUAS use can reduce risk to the public to create an improved, safe work environment and an equivalent level of safety. The sUASs GeoEngineers proposes to fly in this exemption request weighs less than fifteen pounds, and carry no combustible material on board, as opposed to much larger conventionally powered aircraft. The limited weight significantly reduces the potential for harm to the public, or property in the event of an accident. The risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a sUAS. Reducing the use of manned aircraft, and supplementing such flights through sUAS operations, presents thepotential for a safety increase for workers and the public. Further, sUASs reduce the environmental impact by dramatically decreasingthe energy used for aerial imaging and data collection over ajobsite. The operation of sUASs powered by lithium ion batteries offers improved efficiencies compared to other aircraft and vehicles that consume fuel and significantly louder noise signature. The reduction of manned aircraft to monitor jobsites also reduces the risk associated with human involvement and potential injury in aerial flyovers further benefitingthe public as a whole. 

### CONCLUSION Additionally, GeoEngineers has a high regard to safe operations with an understanding of FARs, pre-flight inspections, maintenance and repair, operations within airspace, as well as being trained to high safety standards. Under the requested exemption GeoEngineers ensures that all operators have conducted a thorough review of sUAS education material concerning the systems to be operated in addition to 

### all applicable regulations and guidance documents; including aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic sUAS Aerodynamics; Weatherfactors; Airmanship and Decision-makingand Safe Operating Procedures. We respectfully request exemption under Section 333 to enable GeoEngineers to operate safe, low-risk commercial sUAV operations forthe activities stated providing benefitto the public and an equivalent level of safety. Sincerely,

Nicholas 

### A. Arens Geotechnical Engineer GeoEngineers, Inc. 3050 S. Delaware Springfield, Missouri 65804 (417) 576-1719EXEMPTION REQUESTS GeoEngineers, Inc. requests an exemption from the following regulations as well as any additional regulations that may applytothe operation ofthe sUAS: 14CFR 61.113 (a) & (b) Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. GeoEngineers proposes that its sUAS PIC will have complete a flight-training program and at least 15-Hours of flight time in a safe and controlled environment prior to operatingthe sUAS commercially. The airmanship skills necessary to operate the sUAS do not correlate significantly to the airmanship skills necessary for piloting manned aircraft and, thus, exemption from the need for the PIC to hold a commercial pilot certificate is requested. Unlike a conventional aircraftthat carries the pilot and passengers, the sUAS is remotely controlled with no livingthing on board. The areas ofoperation will be restricted tojobsites at which third party access is controlled, and all flights are planned and coordinated in advance. The risks associated with the operation of the sUAS are diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe sUAS as requested with a private pilot as the PIC exceeds the present level ofsafety achieved by 14C.F.R. §61.113 (a) & (b). In addition, the PIC will undergo all necessary security screenings by the Transportation Security Administration that certificated airmen undergo. The FAA has granted exemptions for private pilots to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447. 14CFR 91.9 This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew duringflight operations. To obtain an equivalent level ofsafety and meetthe intentof 91.9, we propose thata current, approved sUAS Flight Manual must be available to the crew atthe ground station anytime the aircraft is in, or preparingfor, flight. 14CFR 91.109 The regulation states, "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground-based control station consists of a small hand-held radio transmitter and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands-on" the controls duringflight, we feel thatthistechnique meetsthe intent 91.109 and provides an equivalent level ofsafety. 14CFR 91.119 The regulation statesthat over sparsely populated areas the aircraft cannot be operated closerthan 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessaryto operate closerthan 500feetto the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre-planned has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore, we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in grantingthe exemption.14CFR 91.121 The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board computer to the displayscreen held bythe PIC, providing a constantly updated AGL readout. 14CFR 91.151 The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel toflytothefirst point of intended landingand tofly afterthatfor at least 30-minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The sUAS are battery operated and the maximum duration of flight from a single battery charge is 12-45 (depending on which sUAS) minutes with a 20% reserve. Since the aircraft will never fly more than 1/2 NM from the point of intended landing, a full battery charge at launch will ensure thatwe meetthe reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". We also request exemption from the 30-minute reserve and ask that our reserve will be to flythe mission to the point of intended landing and have at least a 20% battery reserve afterthat. 14 CFR Subpart E(91.401- 91.417) The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service." The PIC will ensure thatthe aircraft is in an airworthy condition priorto every flight and in addition, conduct detailed inspections after every 10 hours of flight or manufacturer recommendations. Maintenance performed by the PIC is limited to repairing small cracks, replacing propellers, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety.