### WILLIAMS MULLEN

Direct Dial: 703.760.5204 kpomfret@williamsmullen.com

BYFEDERAL EXPRESS June 12, 2015

U.S. Department ofTransportation, Docket Operations WestBuilding Ground Floor, Room W12-140 1200 NewJersey Avenue, SE Washington, D.C. 20590 Re: Section 333 Exemption Request Dear Sir orMadam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "ReformAct"), EagleViewTechnologies Inc. ("EagleView") and the Northeast Gas Association NYSEARCH ("NGA/NYSEARCH" and collectively withEagleView, the "Petitioner") hereby apply for an exemption from the Federal Aviation Regulations ("FARs") described in Section VII below and any other exemptions necessary to allow EagleView and NGA/NYSEARCH to operate the small UnmannedAircraft Systems ("UAS") described in SectionIV to inspect natural gas pipelines and related infrastructure, as more fully described in Section IX below. Petitionerrequests that ifan exemption cannotbe grantedjointlyto EagleView and NGA/NYSEARCH, that the exemption be granted to NGA/NYSEARCH to carry outthe activity set forth below. I. Background on Petitioner EagleView is an industry leadingprovider ofaerial imagery, data analytics and GIS solutions serving the commercial, government and public utility sectors. The company's patented image capture processes and 3D modeling algorithms coupled withproperty-centric analytic tools empower end-user workflow in support ofproperty claims, risk management, emergency response, assessment, corridor mapping and more. InJanuary, 2013, EagleView merged with Pictometry International, creating a unique company withpowerful technological solutions in the GIS, measurement and analytical space. The combined company has more than 50 patented technologies to provide scalable, efficient and highly accurate analytical solutions. NGA/NYSEARCH is a research and development association serving the gas industry that focuses ontechnology research and development focused on operations, engineering planning, and increasing public awareness ofnatural gas transmission and distribution. NGA/NYSEARCH represents natural gas transmission companies, distribution companies, and associate member companies across the USA. These collective companies provide natural gas to over 15 million customers. NGA/NYSEARCH was established on January 1, 2003. Its

28345134_1.docx 8300 Greensboro Drive, Suite 1100 Tysons Corner, VA 22102 T 703.760.5200 F703.748.0244 williamsmullen.com DC NC VA I A Professional Corporation

### WILLIAMS MULLEN U.S. Department ofTransportation, Docket Operations June 12, 2015 Page2

predecessor organizations were TheNewEngland Gas Association (founded in 1926) and the NewYork Gas Group (founded in 1973). II. ContactInformation 

### The contact information for Petitioner is set forth below: EagleView Technologies, Inc. c/o Chris Barrow, CEO 3700 Monte Villa Parkway, Suite 200 Bothell, W A 98021 Northeast Gas Association INYSEARCH 20 Waterview Boulevard Parsippany, NJ 07054 III. Requestfor Exemption to Use UAS for Inspection ofNatural Gas Infrastructure 

### Petitioner wishes to conduct feasibility studies/pilotprojects to assess the applicability, practicability and potential for implementing UAS for tasks including visual inspections of transmission and distribution pipelines, storage facilities and valves in order to further the public interest inthe safe and reliable delivery ofnatural gas (collectively, "Natural Gas Infrastructure"). Given its broad experience with aerial data collection, EagleView will be primarily responsible for operating the UAS and collecting the data on behalfof NGA/NYSEARCH. Specifically, EagleView will be responsible for ensuring that the UAS and the operations comply with applicable safety and legal requirements set forth inthe exemption. IV. Unmanned Aircraft System 

### The Microdrone md4-1000 is abattery powered quadcopter weighing less than 6 kg, including payload. It has a maximum speed of26 mph and a maximum flight operating endurance of88 minutes. Its flight and navigation controller centers on an inertial measurement unit, consisting ofan accelerometer and a gyroscope for each axis, supplementedby a 3-axis magnetometer, a barometric altitude sensor and a GNSS receiver. With all these sensor readings put together, the md4-1000 is able to fly self-stabilized with GNSS Position Hold. As soon as there is no input from the operator, the md4-1000 will stay onthe spot, waiting for the next command. It

### is possible to let the md4-1000 hover inthe same spot for several minutes. The aircraft is operated using aremote control ground station and is capable ofsetting pre-programmed distance and height limits. Inthe event ofa loss link, GPS failure or low

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battery condition, the aircraft can beprogrammedto descend and land orreturn to home. Petitionernotes thatthe FAAhas previously granted exemptions for the md4-l000. 1 In support ofthis exemptionrequest, Petitioner is submitting under separate coverthe applicable operational documents for the UAS described above (the "Operational Documents"). We request that the Operational Documents be given confidential treatment. V. Statutory Authority for Requested Exemptions This petition for exemption is submitted in accordance with Section 333 ofthe Reform Act. Pursuant to Section 333 ofthe Reform Act, the Federal AviationAdministration (FAA) Administrator (the "Administrator") is to permit operation ofan unmanned aircraft system where it does not create a hazardto users ofthe national airspace system (NAS) orthe public orpose a threat to national security. Moreover, the Federal Aviation Act grants the Administrator general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides such a requested exemption is inthe public interest. See 49 U.S.C. §§ 106(f), 44701-44716, etseq. A party requesting an exemptionmust explainthe reasons why the exemption: (i) would benefitthe public as a whole, and (ii) would not adversely affect safety or how it would provide a level ofsafety at least equal to the existing rules. 14 C.F.R. § 11.81. VI. Safety Measures and Public Interest Benefits As described in more detail in Section IX, the Petitionerwill take measures to ensure such operations will not create a hazard to aviation orthe public. Flights will be conducted under 400 feet AGL thereby avoiding interference withusers ofthe national airspace system ("NAS"). Flights will be suspended immediately to yieldright-of-way to any other aircraft. Geo-fencing will beutilized when available to ensure that a UAS does not fly outside ofthe intended area. Operations will also not create a hazard to the public as Petitioner will only operate the UAS overunpopulated areas. The test site will be secured and only authorized personnel will bepermitted onthe grounds. Giventhe size and speed ofthe UAS, the controlled nature ofthe testing locations and the lack ofexplosive materials orflammablejetfuels, the operations will not pose a threat to national security. Petitioner believes UAS are ideally suited for inspection ofNatural Gas Infrastructure as they can deliver high-quality geospatial data (i.e., photo, video, location andrelated data) in a mannerthat is more cost efficient, quicker and saferthanphysical inspectionby utility workers. UAS will beparticularly valuable for inspecting hard-to-access orenvironmentally sensitive areas that currently require the need for service trucks, utility vehicles or manned aircraft/helicopters. The use ofUAS will bothreduce operational and maintenance costs as well as provide faster resolution ofproblems onnatural gas systems. As a result, granting this

1See, e.g., Asymmetric Technologies (Microdrone md4-1000- ExemptionNo. 11171).

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exemption will result in an increase in the reliability ofnatural gas systems, decrease customer costs and enhance safety for utility workers. VII. Specific Sections from Which Petitioners Seek an Exemption 

### Based upon the informationprovided and the exemptions that the FAA has already granted pursuant to Section 333, the Petitionerrequests the following exemptions: 14 C.F.R. § 61.23(a) 14 C.F.R. § 61.23(c) 14 C.F'.R. § 61.101(e)(4) 14 C.F.R. § 61.101(e)(5) 14 C.F.R. § 61.113(a) 14 C.F.R. § 61.315(a) 14 C.F.R. § 91.7(a) 14 C.F.R. § 91.119(c) 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a) 14 C.F.R. § 91.405(a) 14 C.F.R. § 91.407(a)(1) 14 C.F.R. § 91.409(a)(l) 14 C.F.R. § 91.409(a)(2) 14 C.F.R. § 91.417(a) 14 C.F.R. § 91.417(b) VIII. Justifications for Each Exemption Request 

### 1. 14 C.F.R. § 61.23(a), 14 C.F.R. § 61.23(c), 14 C.F.R. § 61.101(e)(4), 14 C.F.R. § 61.10l(e)(5), 14 C.F.R. §61.113(a) and 14 C.F.R. § 61.315(a). Petitioner notes that FAArequires the Pilot in Commandto hold either an airline transport, commercial, private, recreational or sport certificate pilot license and either a current FAA airman medical certificate or a valid U.S. driver's license issuedby a state, the District of Columbia, Puerto Rico, a territory, apossession, orthe Federal government. Petitioner will ensure that its PICs will satisfy each ofthese requirements. Since Petitioners' PICs will be operating UAS under the same conditions as those previously granted, an equivalent level of safety will be met by granting these exemptions. 2. 14 C.F.R. § 91.7(a) Civil aircraft worthiness. Section 91.7(a) requires that an operator determine an aircraft is in airworthy condition before a flight. Petitionerrequests relieffrom this sectionprovided that the operator ofthe UAS

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determines priorto each flight that the aircraft is in compliance with the applicable Operational Documents. Suchpre-flight inspection will provide the equivalent level ofsafety as that provided by this section. Petitioner notes that the Administratorhas granted relieffrom this section in previous exemptions. 3. 14 C.F.R. § 91.119(c) Minimum safe altitudes over congested and other areas. Section 91.119(c) establishes safe altitudes for operation ofcivil aircraft over areas other than congested areas. The Petitioner requests relieffrom this section withrespect to those participating persons, vehicles, and structures directly involved withR&D. The UAS will never operate at higher than 400 AGL. Itwill be operated in a restricted area, where buildings and people will not be exposed to operations without prior consent. Relieffrom this section is warranted as operations will be conducted with adequate safety provisions as outlined herein and in the applicable Operational Documents. As a result, an equivalent level ofsafety will be met by granting this exemption. Petitionernotes thatthe Administratorhas granted relieffrom this section in previous exemptions. 4. 14 C.F.R. § 91.121 Altimeter Settings. This regulationrequires eachperson operating an aircraftto 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.'' An exemption from this section may be needed if the UAS does not have a barometric altimeter, but instead has a GPS altitude read out. An equivalent level ofsafety will be achieved by the operator, pursuantto the applicable Operational Documents, confirming the altitude ofthe launch site shown onthe GPS altitude indicatorbefore flight. As a result, an equivalent level ofsafety will be metby granting this exemption. Petitionernotes that the Administratorhas granted relieffrom this section in previous exemptions. 5. 14 C.F.R. § 91.151(a) Fuel requirements for flight in VFR conditions. Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed- (1) During the day, to fly after that for at least 30 minutes." Complying with the 30 minute reserve would severely limitthe length ofthe Petitioner's UAS flights and hamper R&D efforts. Giventhe location ofthe IBHS and the limitations onthe UAS's proposed flight area a longertime frame for flight in daylight conditions is reasonable. Operating the UAS in atightly controlled area, where only people or official representatives who have signed waivers will be allowed, does not raise the type ofrisks thatthis section was intended to address, particularly giventhe size and speed ofthe UAS. Petitionerbelieves that an

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equivalent level ofsafety can be achievedby limiting flights to 50 minutes or 20% ofbattery power, whichever happens first. 6. 14 C.F.R. § 91.405(a) Maintenance required; 14 C.F.R. § 91.407(a)(l) Operation after maintenance, preventive maintenance, rebuilding or alteration; 14 C.F.R. §§ 91.409(a)(l) and (2) Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance records. Maintenance will be accomplished by the operatorpursuantto the applicable Operational Documents. An equivalent level ofsafety will be achievedbecause the UAS are very limited in size and will carry a small payload and operate only inrestricted areas for limitedperiods of time. Ifmechanical issues arise, the UAS will be operating from no higher than 400 feet AGL and can immediately land. As provided in the applicable Operational Documents, the operator will ensure thatthe UAS is in working orderpriorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar withthe aircraft andbest suitedto maintainthe aircraft in an airworthy conditionto provide the equivalent level ofsafety. As a result, an equivalent level ofsafety will be met by granting this exemption. Petitionernotes thatthe Administratorhas granted relief from this section inprevious exemptions. 7. Additional Relief. In addition to the exemptions listed above, the Petitionerrequests exemption from such other rules and regulations as the FAAdeems appropriate to enable the operations described herein. Since previous exemptions granted under Section 333 ofthe Reform Acthave been effective for two years, the Petitioner also requests that ifthe FAAissues interim or final rules applicable to the operation ofany UAS included herein afterthe Petitionerreceives a Grant of Exemption that any conditions and limitations required in such Grantthat are more burdensome than the newrules be appropriately modified orremoved. 8. Expedited Process. Giventhat this exemption is similarto those thathave already been granted, Petitioner requests that, ifpossible, this request for exemptionbe considered on an expeditedbasis. IX. Operating Parameters for UAS Use Petitionerproposes that ifthe requested exemptions are granted, it will operate the UAS under the following conditions: 1. UAS operations will be conductedby a Pilot in Command (PIC). The PIC shall hold an airline transport, commercial, private, recreational, or sport pilot certificate. The

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PIC will also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District ofColombia, Puerto Rico, a territory, a possession, or the Federal government. The UAS will be in visua1line ofsite (VLOS) ofthe PIC at all times. 2. All UAS operations will utilize a visual observer ("VO"). The VO will notperform any other duties beyond assisting the PIC with seeing and avoiding air traffic and other ground-based obstacles/obstructions. 3. The PIC and VO will be able to communicate verbally at all times. 4. Petitioner will rely on the UAS vendor(s) to provide apilot qualification program, including a training program incorporating proper aircraft operations and safety standards. The PIC and the VO will have obtainedthe necessary qualifications/training. A record ofcompletion ofthis qualificationprocess will be documented and made available to the Administrator upon request. 5. UAS will notbe flown at ground speeds exceeding 22.5 knots (26 mph). 6. Flights will be operated at an altitude ofno more than400 feet above ground level. 7. Each UAS operation will be completed within 50 minutes flight time or with 20% battery powerremaining, whichever occurs first. At 30% battery the UAS will enter areturn and land sequence; at 20% it will land immediately. 8. UAS will not be operated over any person (other thanparticipating personnel) at an altitude that is hazardous to persons orproperty onthe surface inthe event ofa UAS failure or emergency. UAS will be operated at a distance from participating buildings ofat least 10 feet. Operations will be conducted at least 500 feet from nonparticipating persons orbuildings, unless barriers are inplace to provide adequate protection. 9. The UAS will abort the flight inthe event ofunpredicted obstacles or emergencies in accordance with the applicable Operational Document. 10. The UAS will remain clear and yield the right ofway to all other manned operations and activities at all times. 11. UAS operations will not be conducted during night.

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12. The UAS will not be operatedbythe PIC from any moving device orvehicle. 13. The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 14. The applicable Operational Documents and all documents required under 14 C.F.R. § 91.9 and 91.203 will be available to the PIC at the Ground Control Station ofthe UAS any time the aircraft is operating. These documents will be made available to the Administratorupon request. 15. Any incident, accident, or flight operationthattransgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COA will be reported to the FAA's UAS Integration Office (AFS-80). Accidents will be reported to the National Transportation Safety Board (NTSB). 16. The operator will follow the procedures as outlined inits applicable Operational Documents. 17. Priorto each flight, pilotwill inspectthe UAS to ensure it is in condition for safe flight. Ifthe inspection reveals a discrepancy, the aircraft will be prohibited from operating until the necessary maintenance has beenperformed and the UAS is found to be in a condition for safe flight. 18. Operations will not be conducted over congested or denselypopulated areas. 19. All operations will be conducted overprivate or controlled-access propertywith permission from the land-owner/controller or authorizedrepresentative. Permission from the land-owner/controller or authorized representative will be obtained for each flight to be conducted. 20. All maintenance and alterations will be properly documented inthe aircraftrecords. 21. Any UAS thatundergoes maintenance or alterations that affect the UAS operation or flight characteristics will undergo a functional flight test in accordance with the applicable Operational Documents. 22. Petitioner will institute a rigorous maintenance programto ensure airworthiness ofthe UAS. Operator will follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 23. Each UAS will comply with all manufacturer Safety Bulletins.

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X. Summary to be Published in Federal Register Petitioner: EagleViewTechnologies, Inc. andNortheast Gas AssociationNYSEARCH Sections of 14 C.F.R. Affected: § 61.23(a), § 61.23(c), § 61.101(e)(4), § 61.101(e)(5), §61.113(a), § 61.315(a) § 91.7(a); § 91.119(c); § 91.121; § 91.151(a); § 91.405(a); § 91.407(a)(1); §§ 91.409(a)(1) and (2); §§ 91.417(a) and (b). Description of Relief Sought: Petitioner seeks relieffrom the requirements of 14 C.F.R. § 61.23(a); 14 C.F.R. § 61.23(c); 14 C.F.R. § 61.101(e)(4); 14 C.F.R. § 61.101(e)(5); 14 C.F.R. §61.113(a); 14 C.F.R. § 61.315(a); § 91.7(a);14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. §§ 91.409(a)(l) and (2); 14 C.F.R. §§ 91.417(a) and (b) to operate UAS to inspect natural gas pipelines and related infrastructure. 

### XI. Conclusion Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Actregarding size, weight, speed, operating capabilities, proximity to airports and populated areas, operationwithin visual line ofsight, and national security, provide more than adequatejustificationfor the grant ofthe requested exemption allowing operation ofPetitioner's UAS for inspection ofnatural gas pipelines andrelated infrastructure purposes. Please contact Petitioner's outside counsel, Kevin D. Pomfret, at 703-760-5204 orkpomfret@williamsrnullen.com with any questions about this filing.

KDP/kmb 

### Sincerely/7

# u

&.Pomfret

Attachments: Confidential Treatment is requested. 1. Microdronernd4-1000

- Operators Handbook, Training Description, andFlight Operation Checklist

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