### Pet i tion of Southern Survey & Design, a subsidiary of Trendsetter Construction, Inc.

for Exemption Pursuant to Section 333

of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Southern Survey & Design, a subsidiary of Trendsetter Construction, Inc. ( here forward named as “Southern Survey”) is hereby requesting an exemption from the listed Federal Aviation Regulations to operate a

small Unmanned Aircra ft System for the purpose of recording photography and videography for compensation or hire.

This exemption would permit commercial operati on by Southern Survey , using a DJI Phantom 3 Professional UAS in order to provide the following services:

• land su rveying

• agricultural surveying

• commercial advertisement

• commercial event photography and videography

• industrial inspections

Southern Survey’s operation under the exemption will be subject to strict operating requirements and

conditions to ensure a n equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333.

Southern Survey respectfully submits this request for an exemption due to its use of sUASs /UASs. Approval of this exemption would enhance safety and fulfill the Secretary of Transportation’s responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.”

Southern Survey has organized this exemption request as follows:

I. Petitioner’s Description

II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the Reform Act

IV. De scription of Proposed Operations

V. Regulations from which Exemption is Requested

VI. Public Interest

VII. Privacy

VIII. Federal Registry Summary

IX. ConclusionI. Petitioner’s Description

Southern Su rvey, headquartered in Gladewater , TX, is a company that provides aerial drone footage fo r commercial and industrial applications . T he services we provide include but are not limited to:

 land surveying

 commercial advertisement

 commercial event photography and videography

 industrial inspections

 photogrammetric measurements

Southern Survey is a land surveying firm that caters independe ntly to the needs of our industry. Its members operate in hazardous industrial and commercial environments with the utmost professionalism on a daily basis. Southern Survey can be contacted at the following:

Physical Address:

2173 Turkey Rd.
Gladewater, T X 75647

Mailing Address:

PO Box 246 White Oak, TX 75693

(903) 261

- 1058 info@southernsurvey.com

Southern Survey’s PIC (Pilot in Command) , Darrell Binnion, has been operating UAVs for over three

years.

Contact Information:

309 Oak St.
Longview, TX 75605 (903) 261

- 1058 ext.4 Darrell@southernsurvey.com

II. Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. Congress has directed the FAA “to safely accelera te the integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA

Administrator is to consider whether certain unmanned aircraft systems may operate safely in the National Airspace (“NAS”) before completion of formal UAS legislation, based on the following

considerations:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS w ithin the visual line of sight of the operator.If the Secretary determines that such vehicles “may operate safely in the National Airspace System, the

Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace System.”

Additionally, the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards, and has done so on numerous occasions, when the Administrator decides a requested exemption is in the public interest. A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 40101 of the Act, from the requirement that all civil aircraft must ha ve a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:

The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any of sections.

III. Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied.

The proposed operations woul d permit Southern Survey the use of small unmanned aircraft systems under controlled conditions in airspace that is: (1) predetermined; (2) access controlled; (3) enhanced

with an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose.

Southern Survey uses a UAS (DJI Phantom 3 Professional) that is multi

- rotor, weighing less than 55 pounds, including payload. Under n ormal conditions, it operates at speeds less than 50 mph and has the capability to fly, hover, and move in the vertical and horizontal plane. Southern Survey’s UASs will operate in line of sight, during daylight hours, and will only operate within a steri l e area. Southern
Survey will operate at or below 400 feet above ground and will file a NOTAM for each flight operated in controlled airspace. All required permissions and permits would be obtained from territorial, state,
county, or city jurisdictions, inc luding local law enforcement, fire, or other appropriate governmental
agencies prior to operating a UAS.

Given the small size of the UAS’s involved and the restricted sterile environment within which they will operate, Southern Survey ’s exemption falls w ithin the zone of safety and demonstrates an equivalent level of safety, in which Congress desired the FAA to permit commercial UAS operations by exemption pending the completion of formal legislation. Also, due to the size of the UASs and the confined are a in which they will operate, approval of the exemption presents no hazard in the National Airspace System.Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal

Aviation Act, as amended, the equivalent l evel of safety surrounding the proposed operations, and the significant public benefit, the grant of the requested exemptions is also in the public interest.

IV. Description of Proposed Operations

To assist the FAA in its safety asses sment of Southern Survey ’s proposed UAS operations, below is a summary of operational limitations and conditions that will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The UAS will weigh less than 55 pounds,

2. Flights will be operated within line of sight of the PIC and observer.

3. Maximum total flight time for each operational flight will be limited to the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%.

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

5. Minimum crew for each operation will consist of the UAS Pilot in Command and a Visual Observer.

6. Prior to the operations at a particular location, a site inspection will h ave been conducted.

7. All UAS’s will be maintained in accordance with inspection programs specified in the manufacturer’s guidelines.

8. The PIC and VO will at all times be able to communicate by voice.

9. The PIC, VO, and any other operational personnel will have been fully trained prior to having any operational responsibilities.

10. All required permissions and permits would be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate gove rnmental agencies.

11. If the UAS loses communication signal, the UAS will have the capability to return to a predetermined

location with the sterile area and land.

12. The UAS PIC has the capability to abort a flight in case of unpredicted obstacles or em ergencies.

13. Southern Survey , by following FAA, NTSB, and AFS

- 80 best practices, will assure no individuals’ privacy is violated.

14. Procedures have been establ ished by Southern Survey to contact ATC prior to operating in airspace

other than G.

V. Regu lations from which Exemption is Requested

To use a UAS for data col lection, Southern Survey requests relief from the following sections of Title 14 of the Code of Federal Regulations:

• §61.101(e)(4) and (5) and §61.113(a) Private Pilot Limitations: Pilot in Command

Sections 61.101(e)(4) and (5) and 61.113(a) limits private pilots to non

- commercial operations. However, because the aircraft will not carry pilots or passengers and is limited in the type of operation and the area of operati on, a private pilot can achieve the equivalent level of safety for the proposedoperations as a commercial pilot. First, unlike conventional manned aircraft, UASs are remotely

controlled by a ground based pilot operator in a controlled and restricted area. Second, the aircraft is

much smaller than a manned aircraft that the level of risk associated with its’ operation is diminished

from the level of risk associated with commercial operations contemplated by part 61. Therefore, allowing aircraft use by a pri vate pilot as the PIC meets or exceeds the present level of safety sought by

14 CFR 61.101(e)(4)&(5) and 61.113(a).

• §61.315(a) Sport Pilot Limitations

Section 61.315(a) limits sport pilots to non

- commercial operations. However, because the

aircraft will not carry pilots or passengers and is limited in the type of operation and the area of operation, a private pilot can achieve the equivalent level of safety for the proposed operations as a commercial pilot. First, unlike conventional manned aircraft, UAS s are remotely controlled by a ground based pilot operator in a controlled and restricted area. Second, the aircraft is much smaller than a

manned aircraft that the level of risk associated with its’ operation is diminished from the level of risk associated with commercial operations contemplated by part 61. Therefore, allowing aircraft use by a private pilot as the PIC meets or exceeds the present level of safety sought by 14 CFR 61.315(a).

• §91.7(a) Civil Aircraft Worthiness

Section 91.7(a) req uires a civil aircraft to be in an airworthy condition for operation, which accordingly includes an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. To maintain an equivalent level of safety, the PIC will ensure that the aircraft is in compliance with the Operating Manual and the FOPM prior to each flight. Additionally, the Pilot will still comply with 91.7(b) and ensure that the aircraft is in condition for a safe flight.

• §91.119(c) Minimum Safe Altitudes

Section 91.119(c) establi shes safe altitudes for operation of civil aircraft over other than congested areas. Southern Survey requests authority to operate up to 400 AGL over uncontested areas. The aircraft will operate in a limited area within pre

- defined boundaries with the cons ent of the landowner/controller and require that all non

- essential persons remain clear of the flight area during operations. The PIC will make a safety assessment of the risk of operating the aircraft and ensure no undue hazard is present for persons or p roperty. Considering the size, weight and speed of the aircraft, these protections will ensure the equivalent level of safety of minimum safe altitudes. Compared to flight operations for manned aircraft and the lack of flammable fuel, any risk associated w ith the proposed aircraft operations is far less than conventional aircraft operating at or below 500 ft AGL. In addition, the low

- altitude operations of the aircraft will ensure separation with conventional aircraft.

• §91.121 Altimeter Settings

Section 91.121 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.” The DJI Phantom 3 Professio nal does not have a
barometric altimeter, but inst ead uses GPS altitude data. Southern Survey establishes an equivalent level of safety by requiring the pilot to confirm that the GPS altitude is set to zero before every flight.• §91.151(a)(1) Fuel Requi rements for Flight in VFR Conditions

Section 91.151(a)(1) requires all day VFR flights to operate with enough fuel to fly to first point of intended landing and then for at least an additional thirty minutes. The batteries t hat power Southern
Survey unmanned aircraft systems provide approximately 23 minutes of powered flight time and

therefore is unable to meet this requirement. However, the DJI Phantom 3 Professional has a low battery alarm along with a critical battery limit that automatically sen ds the aircraft back to its departure point. Also, because the aircraft will be flying in a confined area without the presence of non

essential persons and with landowner/controller permissions, an equivalent level of safety can be achieved by flight plann ing all flights to return to intended landing site with a minimum of 25% reserve power in accordance with the FOPM.

• §91.405(a), §91.407(a)(1), §91.409(a)(1) and (2), §91.417(a) and (b) Maintenance Inspections

Sections §91.405(a), §91.407(a)(1), §91.409(a)(1) and (2), §91.417(a) and (b) require that an aircraft operator or owner shall “have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, ha ve discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate,

these sectio ns will not apply to Southern Survey operations. Maintenance will be accompli shed by Southern Survey in accordance with the operations manual and FOPM. The Pilot in Command will ensure that the aircraft is in working order prior to flight and will perform some maintenance and inspection of the aircraft and “be authorized to approve the aircraft for return to service.” Additionally,

the Pilot in Command will conduct detailed inspections of the aircraft every 10 hours of flight. Maintenance performed by the P IC is limited to repairing small cracks replacing propelle rs, and updating

software and firmware. All other maintenance will be performed by the manufacturer.

Southern Survey will keep a log of maintenanc e performed. Moreover, Southern Survey and the

PIC a re most familiar with the aircraft and best suited to maintain it in an airworthy condition.

An equivalent level of safety will be achieved because the DJI Phantom 3 Professional is limited in size, will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the aircraft can land immediately and will be operating no higher than 400 feet

AGL.

VI. Privacy

There is little concern that the proposed flights will cause invasions of privacy because flights will occur over private or controlled access property with the land owner’s prior consent and knowledge.

VII. Public Interest

Use of the DJI Phantom 3 Professional drone is in the public interest because it is safer for people and structures than conventional manned aircraft. First, risk to the flight crew is virtually eliminated by using an unmanned aircraft. Second, by flying a small aircraft weighing less than 55 pounds and carrying no fuel, risk to persons and structures on the ground is greatl y reduced. Finally, use of the DJI Phantom 3 Professional benefits the public because it is better for the environment through reduction in noise and environmental pollution.VIII. Federal Registry Summary

Southern Survey seeks an exemption from the follo wing sections of Title 14 of the Code of Federal Regulation: 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) to commercially operate an

unmanned airc raft system for commercial purposes including but not limited to: aerial photography,

aerial videography, land surveying, and industrial inspections.

As established by the UAS exemptions already granted by the FAA, allowing commercial operations of UASs for aerial photography and videography will enhance safety by reducing risk. Conventional aerial photography, aerial videography, aerial surveying, and aerial inspections using manned aircraft present avoidable risks to flight crew and persons and structur es on the ground because the aircraft is flying at low altitudes with large amounts of fuel. In contrast, a UAS weighing less than 55 pounds and powered by batteries eliminates virtually all of that risk given the small size and lack

of combustible fuel. E nvironmental risks are also eliminated by using an aircraft that does not have emissions. Therefore, by using an UAS for the purposes out lined by Southern Survey , the risk to persons

and structures will be significantly reduced.

IX. Conclusion

Southern Su rvey requests an exemption from the aforementioned sections of 14 CFR. The exemption is in the public interest because it will increase safety for persons and struct ures and Southern Survey will provide an equivalent or greater level of safety as provided for in the applicable 14

CFR sections.