WILLIAMS MULLEN 

Direct Dial: 703.760.5204 

kpomfret@williamsmullen.com 

BY FEDERAL EXPRESS 

June 12, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

Re: Section 333 Exemption Request 

Dear Sir or Madam: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the 

"Reform Act"), Eagle View Technologies Inc. ("Eagle View") and the Northeast Gas Association 

NYSEARCH ("NGA/NYSEARCH" and collectively with Eagle View, 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 Eagle View and NGA/NYSEARCH to 

operate the small Unmanned Aircraft Systems ("UAS") described in Section IV to inspect 

natural gas pipelines and related infrastructure, as more fully described in Section IX below. 

Petitioner requests that if an exemption cannot be granted jointly to Eagle View and 

NGA/NYSEARCH, that the exemption be granted to NGA/NYSEARCH to carry out the activity 

set forth below. 

I. Background on Petitioner 

Eagle View is an industry leading provider of aerial 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 with property-centric 

analytic tools empower end-user workflow in support of property claims, risk management, 

emergency response, assessment, corridor mapping and more. In January, 2013, Eagle View 

merged with Pictometry International, creating a unique company with powerful 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 on technology research and development focused on operations, engineering 

planning, and increasing public awareness of natural 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 

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8300 Greensboro Drive, Suite 1100 Tysons Corner, VA 22102 T 703.760.5200 F 703.748.0244 williamsmullen.com 

DC NC VA I A Professional Corporation 
WILLIAMS MULLEN 

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June 12, 2015 

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predecessor organizations were The New England Gas Association (founded in 1926) and the 

New York Gas Group (founded in 1973). 

II. Contact Information 

The contact information for Petitioner is set forth below: 

Eagle View Technologies, Inc. 

c/o Chris Barrow, CEO 

3700 Monte Villa Parkway, Suite 200 

Bothell, W A 98021 

Northeast Gas Association I NYSEARCH 

20 Waterview Boulevard 

Parsippany, NJ 07054 

III. Request for Exemption to Use UAS for Inspection of Natural Gas Infrastructure 

Petitioner wishes to conduct feasibility studies/pilot projects 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 in the safe and reliable delivery of natural gas (collectively, "Natural Gas 

Infrastructure"). Given its broad experience with aerial data collection, Eagle View will be 

primarily responsible for operating the UAS and collecting the data on behalf of 

NGA/NYSEARCH. Specifically, Eagle View will be responsible for ensuring that the UAS and 

the operations comply with applicable safety and legal requirements set forth in the exemption. 

IV. Unmanned Aircraft System 

The Microdrone md4-1 000 is a battery powered quadcopter weighing less than 6 kg, 

including payload. It has a maximum speed of 26 mph and a maximum flight operating 

endurance of 88 minutes. Its flight and navigation controller centers on an inertial measurement 

unit, consisting of an accelerometer and a gyroscope for each axis, supplemented by a 3-axis 

magnetometer, a barometric altitude sensor and a GNSS receiver. With all these sensor readings 

put together, the md4-1 000 is able to fly self-stabilized with GNSS Position Hold. As soon as 

there is no input from the operator, the md4-1 000 will stay on the spot, waiting for the next 

command. It is possible to let the md4-1 000 hover in the same spot for several minutes. 

The aircraft is operated using a remote control ground station and is capable of setting 

pre-programmed distance and height limits. In the event of a loss link, GPS failure or low 

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June 12, 2015 

Page 3 

battery condition, the aircraft can be programmed to descend and land or return to home. 

Petitioner notes that the FAA has previously granted exemptions for the md4-l 000. 1 

In support of this exemption request, Petitioner is submitting under separate cover the 

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 of the Reform 

Act. Pursuant to Section 333 ofthe Reform Act, the Federal Aviation Administration (FAA) 

Administrator (the "Administrator") is to permit operation of an unmanned aircraft system where 

it does not create a hazard to users of the national airspace system (NAS) or the public or pose 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 in the public interest. See 49 U.S.C. 

§§ 106(f), 44701-44716, et seq. A party requesting an exemption must explain the reasons why 

the exemption: (i) would benefit the public as a whole, and (ii) would not adversely affect safety 

or how it would provide a level of safety 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 Petitioner will take measures to ensure 

such operations will not create a hazard to aviation or the public. Flights will be conducted 

under 400 feet AGL thereby avoiding interference with users of the national airspace system 

("NAS"). Flights will be suspended immediately to yield right-of-way to any other aircraft. 

Geo-fencing will be utilized when available to ensure that a UAS does not fly outside of the 

intended area. Operations will also not create a hazard to the public as Petitioner will only 

operate the UAS over unpopulated areas. The test site will be secured and only authorized 

personnel will be permitted on the grounds. Given the size and speed of the UAS, the controlled 

nature of the testing locations and the lack of explosive materials or flammable jet fuels, 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 and related data) in a 

manner that is more cost efficient, quicker and safer than physical inspection by utility workers. 

UAS will be particularly valuable for inspecting hard-to-access or environmentally sensitive 

areas that currently require the need for service trucks, utility vehicles or manned 

aircraft/helicopters. The use ofUAS will both reduce operational and maintenance costs as well 

as provide faster resolution of problems on natural gas systems. As a result, granting this 

1 See, e.g., Asymmetric Technologies (Microdrone md4-1000- Exemption No. 11171). 

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exemption will result in an increase in the reliability of natural gas systems, decrease customer 

costs and enhance safety for utility workers. 

VII. Specific Sections from Which Petitioners Seek an Exemption 

Based upon the information provided and the exemptions that the FAA has already 

granted pursuant to Section 333, the Petitioner requests 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 FAA requires the Pilot in Command to 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 issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal government. Petitioner will 

ensure that its PICs will satisfy each of these 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. Petitioner requests relief from this section provided that the operator of the UAS 

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determines prior to each flight that the aircraft is in compliance with the applicable Operational 

Documents. Such pre-flight inspection will provide the equivalent level of safety as that 

provided by this section. Petitioner notes that the Administrator has granted relief from 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 of civil aircraft over areas other 

than congested areas. The Petitioner requests relief from this section with respect to those 

participating persons, vehicles, and structures directly involved with R&D. The UAS will never 

operate at higher than 400 AGL. It will be operated in a restricted area, where buildings and 

people will not be exposed to operations without prior consent. Relief from 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 of safety will be met 

by granting this exemption. Petitioner notes that the Administrator has granted relief from this 

section in previous exemptions. 

4. 14 C.F.R. § 91.121 Altimeter Settings. 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set " ... to the elevation of the 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 of safety will be achieved by the operator, pursuant to the applicable Operational 

Documents, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight. As a result, an equivalent level of safety will be met by granting this exemption. 

Petitioner notes that the Administrator has granted relief from 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 "a flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel 

to fly to the first point of intended 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 limit the length of the Petitioner's 

UAS flights and hamper R&D efforts. Given the location of the IBHS and the limitations on the 

UAS's proposed flight area a longer time frame for flight in daylight conditions is reasonable. 

Operating the UAS in a tightly controlled area, where only people or official representatives who 

have signed waivers will be allowed, does not raise the type of risks that this section was 

intended to address, particularly given the size and speed of the UAS. Petitioner believes that an 

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equivalent level of safety can be achieved by limiting flights to 50 minutes or 20% of battery 

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 operator pursuant to the applicable Operational 

Documents. An equivalent level of safety will be achieved because the UAS are very limited in 

size and will carry a small payload and operate only in restricted areas for limited periods of 

time. If mechanical 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 that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. As a result, an equivalent level of safety will 

be met by granting this exemption. Petitioner notes that the Administrator has granted relief 

from this section in previous exemptions. 

7. Additional Relief. 

In addition to the exemptions listed above, the Petitioner requests exemption from such 

other rules and regulations as the FAA deems appropriate to enable the operations described 

herein. Since previous exemptions granted under Section 333 of the Reform Act have been 

effective for two years, the Petitioner also requests that ifthe FAA issues interim or final rules 

applicable to the operation of any UAS included herein after the Petitioner receives a Grant of 

Exemption that any conditions and limitations required in such Grant that are more burdensome 

than the new rules be appropriately modified or removed. 

8. Expedited Process. 

Given that this exemption is similar to those that have already been granted, Petitioner 

requests that, if possible, this request for exemption be considered on an expedited basis. 

IX. Operating Parameters for UAS Use 

Petitioner proposes that if the requested exemptions are granted, it will operate the UAS 

under the following conditions: 

1. UAS operations will be conducted by 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 of Colombia, Puerto Rico, a territory, a 

possession, or the Federal government. The UAS will be in visua1line of site 

(VLOS) of the PIC at all times. 

2. All UAS operations will utilize a visual observer ("VO"). The VO will not perform 

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 a pilot qualification program, 

including a training program incorporating proper aircraft operations and safety 

standards. The PIC and the VO will have obtained the necessary 

qualifications/training. A record of completion of this qualification process will be 

documented and made available to the Administrator upon request. 

5. UAS will not be flown at ground speeds exceeding 22.5 knots (26 mph). 

6. Flights will be operated at an altitude of no more than 400 feet above ground level. 

7. Each UAS operation will be completed within 50 minutes flight time or with 20% 

battery power remaining, whichever occurs first. At 30% battery the UAS will enter 

a return and land sequence; at 20% it will land immediately. 

8. UAS will not be operated over any person (other than participating personnel) at an 

altitude that is hazardous to persons or property on the surface in the event of a UAS 

failure or emergency. UAS will be operated at a distance from participating buildings 

of at least 10 feet. Operations will be conducted at least 500 feet from nonparticipating persons or buildings, unless barriers are in place to provide adequate 

protection. 

9. The UAS will abort the flight in the event ofunpredicted obstacles or emergencies in 

accordance with the applicable Operational Document. 

10. The UAS will remain clear and yield the right of way 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 operated by the PIC from any moving device or vehicle. 

13. The UAS 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. 

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 Administrator upon request. 

15. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the 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 in its applicable Operational 

Documents. 

17. Prior to each flight, pilot will inspect the UAS to ensure it is in condition for safe 

flight. If the inspection reveals a discrepancy, the aircraft will be prohibited from 

operating until the necessary maintenance has been performed and the U AS is found 

to be in a condition for safe flight. 

18. Operations will not be conducted over congested or densely populated areas. 

19. All operations will be conducted over private or controlled-access property with 

permission from the land-owner/controller or authorized representative. 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 in the aircraft records. 

21. Any U AS that undergoes maintenance or alterations that affect the U AS operation or 

flight characteristics will undergo a functional flight test in accordance with the 

applicable Operational Documents. 

22. Petitioner will institute a rigorous maintenance program to ensure airworthiness of the 

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: Eagle View Technologies, Inc. and Northeast Gas Association NYSEARCH 

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 relief from 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 of the criteria provided in Section 333 of the Reform Act regarding size, 

weight, speed, operating capabilities, proximity to airports and populated areas, operation within 

visual line of sight, and national security, provide more than adequate justification for the grant 

ofthe requested exemption allowing operation of Petitioner's UAS for inspection of natural gas 

pipelines and related infrastructure purposes. Please contact Petitioner's outside counsel, 

Kevin D. Pomfret, at 703-760-5204 or kpomfret@williamsrnullen.com with any questions about 

this filing. 

KDP/kmb 

Sincerely/7 u 

&.Pomfret 

Attachments: Confidential Treatment is requested. 

1. Microdrone rnd4-1 000 - Operators Handbook, Training Description, and Flight Operation 

Checklist 

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