1
, Submitted electronically

September 30, 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:

Rail Surveyors and Engineers, Inc. ( RSE ) is applying for an exemption from the Code

of Federa l R egulations as detailed below

.

The exemption would permit commercial operation of a small unmanned aircraft system ( s UAS) in the national air s pace (NAS) as regulated by the FAA for aerial data collection, for the following uses:

I. Remote sensing and measuring by an instrument(s) aboard the s UA S including

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

B. electronic measurement (precision inspection , RF analysis, etc.)

C. chemical measurement (particulate measurement, etc.)

D. or any other gathering of data by instruments aboard the s UA S

.

II. Assisting in maintaining public safety in times of emergency including

A. aerial photography and evaluation of emergency response scenes and operations with RSE agreement

B. aid in emergency services support and search and rescue with RSE

agreementRSE333A102315 2 All operations performed by are cost effective and protect the public by reducing the

size of the aircraft from one weighing up to several tons to one weighing less than 55 pounds. In addition, the UA does not use flammable liquid fuel. Instead, it operates on high

- energy batteries. The UA is flown in the low er strata of controlled and uncontrolled airspace, at 4 00 ft. AGL and below. RSE c ommercial operations will be performed accordin g to FAA regulations or amended FAA regulations as permitted
under a Section 333 Grant of Exemption.

INDUSTRY BACKGROUND AND REFERENCES

The United States Department of Transportation (DOT) operates two administrations

that oversee and supervise the nations’ ground transpor t ation system: the Federal Railroad Administration (FRA) and the Federal Highway Administration (FHWA). Both departments are in charge of making sure that US citizens travel safely and receive

materials an d goods to maintain a life of quality.

The ground transportation system is complex. There are more than 140,000 miles of rail track crossing the nation. The Association of American Railroads states that by 2015’s end, private funds totaling $29 billion wi ll have been invested into the system, the majority of which is for upkeep to ensure a state of good repair. These tracks move nearly 40 tons of material per US citizen. In addition to freight, FRA reports that as of 2013, ridership on Amtrak has increased more than 50% since 2000. The ridership is now at 36 million meaning 10% of the US Population now uses rail for their transportation needs. Keeping track in good repair is vital for safety. In 2014, more than 500 derailments were caused by defective track , causing 35 injuries and nearly $100 million in damages.

As of 2013, there were more than 4 million miles of road in the US, of which 2.7 million have been paved. Maintaining the condition of the roads is paramount. More than 250 million cars and 74,000 buses use the infrastructure to transit. Recently, however, the American Society of Civil Engineers gave the roadway infrastructure in the US a D+ grade.

To help lift up the ground transportation system and provide safer modes of transport, Rail Surveyors and Engineers, Inc. (RSE) provides a wide range of transit engineering
services. RSE works side

- by

- side with clients to plan, design, construct, maintain, and rehabilitate all elements of their transit and rail transportation systems including tracks, sig nals, stations, and structures. RSE’s services include major rail multimodal stations, maintenance facilities, yards, main line tracks, at grade crossings, and grade separations.RSE333A102315 3 Over the last 15 years, RSE has actively worked on major rail transit project s throughout

California.

During RSE’s typical client service operations, ‘live’ railroad systems are commonly occupied. Special considerations need to be made to ensure employee and operational safety. Railroads and highways are high risk environments. A typical railroad surveyor directly surveys the rails and features of each track on foot, looking for flaws and structural impairments. This practice puts the individual in the center of track and within the most dangerous area of the railroad environment. The Bureau of Labor Statistics (BLS) found that railroad workers have more than twice the average fatalities than the national work rate. Twenty five percent of these fatalaties are caused by trains striking a pedestrian worker. The BLS also reported more than 900 fatalities occurred between 2003 and 2010 in highway construction zones. Nearly half of these resulted from a worker being hit by a moving vehicle or mobile equipment.

The employment of a UA for survey and inspection of the railroad and highway environments will remove a pedestrian worker from inside a “safety envelope,” where the safety risk exists. Using an UA for highway surveying eliminate the need to put a surveyor within or near the travelled way keeping him safe from multiple work vehicle s and distractions along the highway.

RSE wishes to increase its effectiveness with its clients and contracting government agencies, increase the safety level of its employees and contracted workers on inspection

site s and remain competitive economically by employing a UA during many of its operations

. Therefore

, RSE is submitting this 333 exemption petition

.

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

• Aerial digital imagery, survey, and inspection: exemption no 11206

, BNSF Railway Company; exemption no. 12719, Thomas Johann Walter

• Aerial imagery documentation of highway construction projects : exemption no. 11653, ZoZo Group, LLC

• A erial photography and evaluation of emergency response scenes and operations : exemption n o. 12508

, Castle Rock Fire and Rescue Department

• E mergency services support and search and rescue exemption no. 12515, RPA/UAS Consulting LLCRSE333A102315 4 DESCRIPTION OF PETITIONER

RSE is surveying and engineering firm specializing in freight and commuter railroad and highway surveying and engineering operations, though all facets of surveying and engineering are pursued. RSE encompasses a broad range of ex perience in engineering, design, planning, surveying, and construction se rvices. RSE and its staff have provided a wide range of services to a number of rail transit agencies, railroad companies, and transportation authorities in the San Francisco Bay Area and Southern California. The current major rail transit clients include Union Pacific Railroad , Peninsula Corridor Joint

Powers Board , Santa Cl ara County Transportation Authority , BART, Southern California Regiona l Railroad Authority , and Riverside County Transportation Authority

.

RSE is a minority owned Disadvantage Business Entity (DBE) with the California

Unified Certification Program

. RSE is also a Small Business Entity registered with all major transit authorities includin g Caltrains, VTA, PCJPB, BAR T, LA Metro, RCTC, and

SCRRA

NAME OF PETITIONER

Mr. Cody Festa RSE, Inc. 1300 Clay Street, Suite 600 Oakland, CA 94612

AGENT FOR RSE

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

Mr. Brian Dyer

RPS

- West

Email: Brian.Dyer@RemotePilotSystems.comRSE333A102315 5 Submitted separately as confidential documents under 14 CFR Section 11.35 (b) are:

A

– Aibot X

- 6 User Manual

B

– Yuneec Typhoon Q500 4K User Manual

These documents contain proprietary information that is not available to the public and are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

Thank you for your time and attention..

Sincerely

,

Brian DyerRSE333A102315 6 DESCRIPTION OF UNMANNED AIRCRAFT SYSTEM S

RSE wishes to fly in its operations :

• The Aibot X 6

• The Yuneec Typhoon Q500

as its inspection aircraft.

The Aibot X6

The Aibot X6 is an electric multirotor aircraft configured as a 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 inspection with safety f eatures 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 protective blade guards surrounding the six rotors, and is designed for a maximum takeoff weight of less than 15 pounds and a flight time of about

20 minutes with its dual

- battery pow er. Maximum speed is about 55 MPH, but treats this limitation as an emergency reserve, and plans no flying at greater than 25 MPH. The aircraft carries no flammable liquid fuel

.RSE333A102315 7 Radio control and video transmission systems meet FCC requirements for opera tion 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 Flight Operations Manual ( FOM )

.

The Yuneec Typhoon Q500/Q 500 +

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. It 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.

Takeoff wei ght with manufacture provided camera and gimbal payload and battery is 3.75

lbs.

The Typhoon Q500 dimensions are 16.5x16.5x8.3 inches with a diagonal of 22.2 inches 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. The operating manual of the Typhoon Q500 warns against using the aircraft in areas where radio

interference is possible, as does the FOM , along with procedures to ensure radio safety

with the UAS.

EXTENT OF RELIEF SOUGHT AND WHY

RSE asks for relief from regulations tabled below, which the authority of the FAA has previously granted in exemption certificates number 11062 along with six others described as “in commonality”, and in number 11109, which are for use of electric

rotorcraft. The FOM incorporates the conditions and limitations of these grants of exemption, and in some cases imposes stricter limits on its own operations.RSE333A102315 8 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 Holder of private pilot certificate may not act as pilot in command (PIC) for compensation or hire. Flying for compensation

on inspection 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 vision qualification, currency

in the aircraft listed on the certificate, pilot training, testing, proficiency with similar and same model UA; and inspection/maintenance are

defined in the FOM and will

e nsure equivalent levels of safety.

61.113 (b) Private pilot privileges and

limitations: Pilot in

command 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 inspection missions is central to purpose of

ex emption request, not

incidental to business or employment. There is no passenger or pilot on
board the UA , thus safety issues are different from a manned flight.

RSE ’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 c ertificate and additional 25 hours logged flight

time and 25 hours classroom and

field instruction as stated in the

FOM

.RSE333A102315 9 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, vehicle, or structure may be necessary

for terrain 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 participat ion or guidance of industry personnel, positioned as

close as 200 feet. will brief them on safety and obtain necess ary 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 SUAS 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 poin t is a relative height measurement calculated by the flight controller. Altitude above ground is displayed on the pilot's handheld controller by telemetry, and alarms can signal

conditions of interest. 4 00 feet AGL is the maximum permissible

in the FOM , wh ich describes altimeter procedures.RSE333A102315 10 14 CFR

PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF

SAFETY

91.151 (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

durations. 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

wi ll 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. pilots are tra ined to monitor voltage and recognize

abnormal discha rge in flight and

to land sooner than forced. If 20 minutes of flight time or 25% of reserve voltage under load is reached, pilot must commence landing.

91.405 (a) Maintenance required Required inspect ions and discrepancies repaired

between the required inspections pertain to

certificated manned aircraft and procedures conducted by licensed maintenance personnel. In

the absence of certification requirements for SUAS

and SUAS maintenance personnel, reaso nable

alternatives must be developed to maintain equivalent levels of safety. RSE will document maintenance, overhaul, replacement and inspection requirements in the
absence of manufacturer's requirements; will document and

maintain maintenance records an d technician qualification criteria in

the FOM

.RSE333A102315 11 14 CFR

PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF

SAFETY

91.405 (b) Maintenance

records Qualifications for maintenance personnel for

SUAS were not contemplated by these regulations, 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, rebuilding, 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

.

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 pounds operated VLOS is not contemplated by these regulations Airworthiness is the responsibility

of the PIC an d the technician as

defined in the FOM

.RSE333A102315 12 14 CFR

PART SUMMARY OF
REGULATION REASON FOR
EXEMPTION REQUEST EQUIVALENT LEVEL OF

SAFETY

91.417 (a) Maintenance

records Regulations do not contemplate requirements or approval processes for

maintenance and inspection of uncertificated SUAS,

however a reasonable

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 defects 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 o f safety. Records and documentation will be kept for all maintenance performed, defects, and for all components specified in the

FOM

.

PILOT IN COMMAND AND CREW

The pilot in command (PIC) must hold an a ir man’s certification recognized by the FAA

such as an airline t ransport , commercial, private, recreational, sport pilot, or glider pilot (powered or non

- powered) and must comply with the training and testing specified in the

FOM . 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 S tate, 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 test ing specified in the operator’s manual. The pilot must be able to acquire the aircraft with hisRSE333A102315 13 own vision according to eye standards for a third class airman medical certificate or valid driver’s license according to the issuing State

. The PIC must operate within visual line of sight only, and be able to see the attitude and orientation of the aircraft by themself . If GPS or magnetometer is compromised, certain safety features may not operate, and the pilot must understand by their training and experience how to recover control.

OPERATION OF THE UNMANNED AIRCRAFT

The aircraft will be under the operational control of the RSE PIC

.

1. Operations for the purpose of closed

- set motion picture and television filming will

not be permitted.

2. The UA will not be operated at a speed exceeding 87 knots (100 miles per hour).

E ither groundspeed or calibrated airspeed will be used to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft

manufacturer.

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

4. The UA will be operated within visual line of sight (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 lense s, as specified on the PIC’s FAA

- issued airman medical
certificate or U.S. driver’s license.

5. All operations will utilize a visual observer (VO). The UA will be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO will be

u sed to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC will be able to communicate verbally at all times; electronic messaging or texting will not be permitted during flight operations. The PIC will be desig nated before the flight and will not transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can perform the duties required of the VO.

6. This exemption and all documents needed to operate the UAS and conduct its

opera tions in accordance with the conditions and limitations stated in an approved grant of exemption, are hereinafter referred to as the operating documents. The operating documents will be accessible during UAS operations and made availableRSE333A102315 14 to the Administrat or upon request. If a discrepancy exists between the conditions and limitations in the granted exemption(s) and the procedures outlined in the operating documents, the conditions and limitations in the granted exemption will take precedence and will be fol lowed. Otherwise, the operator will follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. The operator will track such revisions and present updated and revised documents to the Administrat or or any law enforcement official upon request. The operator will also present updated and revised documents if it petitions for extension or amendment to a granted exemption. If the operator determines that any update or revision would affect the basis u pon which the FAA granted the requested exemption, then the operator will petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

− 80) will be contacted if questions arise regarding updates or revisions to the operating do cuments.

7. Any UAS that requires maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, will undergo a functional test flight prior to conducting further operations under this exe mption. Functional test flights will only be conducted by a PIC with a VO and will remain at least 500 feet from other people. The functional test flight will be conducted in such a manner so as to not pose an undue hazard to persons and property.

8. The oper ator will be responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

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

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flig ht inspection will account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will be prohibited from operating until the necessa ry maintenance has been performed and the UAS is found to be in a condition for safe flight.

10. The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft

component s.

11. Each UAS operated under this exemption will comply with all manufacturer safety
bulletins.

12. The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The 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 Columbia,RSE333A102315 15 Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft

in which the PIC is rated on his or her pilot certificate.

13. The operator will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under a granted exemption, i ncluding evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner

consistent with

14. 14 CFR § 61.51(b). Flights for the purpose s of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under will be permitted only under the terms of this exemption. However, training operations will only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the P IC will operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA 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 issued to the exemption holder. The letter of agre ement with the airport management will be made available to the Administrator or any law enforcement official upon

request.

17. The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less th an 3 statute miles from the

PIC.

18. If the UAS loses communications or loses its GPS signal, the UA will return to a

pre

- determined location within the private or controlled

- access property.

19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.RSE333A102315 16 20. The PIC will be prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to
conduct the intended operation and to operate after that for at least 5 minutes or

wi th the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations will be conducted in accordance with an ATO

- issued COA. If operations cannot be conducted under the terms of a granted COA, the operator will apply for a new or amended COA.

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

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

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

24. These documents will be made available to the Administrator or any law enforcement official upon request.

25. The UA will remain clear and give way to all manned aviation ope rations and

activities at all times.

26. The UAS will not be operated by the PIC from any moving device or vehicle.

27. All Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The

operator will ensure that nonparticipating persons remain under such protection. If a situation arises where no nparticipating persons leave such protection and are within 500 feet of the UA, flight operations will cease immediately in a manner ensuring the safety of nonparticipating persons;
and

b. The owner/controller of any vessels, vehicles or structures has grante d permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO,RSE333A102315 17 operator trainees or essential persons are no t considered nonparticipating persons under this exemption.

28. All operations will be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controll er 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 boundaries of the operational area as defined by the applicable granted COA will be repo rted to the FAA's UAS Integration Office (AFS

− 80) within 24 hours.
Accidents will 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 exemptions all owing commercial operations of S UASs will enhance safety by reducing risk. By removing the use of conventional liquid f ueled aircraft weighing in

tons for lightweight , battery operated UA s in restricted areas for aerial inspection, geo

mapping and image and film capture, is more environmentally sound and safe. The use of battery powered UA s will provide a smaller en vironmental footprint, increase safety be

d ecreasing manpower and separate the aircraft operators form the craft. The use of the specified UA s further protects the public by being used in restricted environments and reducing impact hazards.

REASONS WHY THE EXEMPTION WOULD NOT ADVERSELY AFFECT

SAFETY

The inspection aircraft will be operated in accordance with safety protocols defined in the

FOM for which we request approval by the FAA according to its authority granted by Congress in Section 333 of th e FAA Modernization and Reform Act of 2012.

The inspection 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.RSE333A102315 18 In addition, will keep the approved at its ground co ntrol 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 the ground control station of a S UAS, where it can be immediately accessed by the PIC.

When properly operated by trained pilots, a well

- designed SUAS can stay clear of people and property on the ground and in the air. Procedures, airmanship skills, training and testing requirements for S UAS personnel in the 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:

Rai l Surveyors and Engineers, Inc. requests an exemption from:

14 CFR Parts 61.113 (a) and (b) 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 unman ned aircraft system (SUAS) for purposes of aerial inspections and monitoring, aerial geo

- mapping

, aerial imaging and filming

, aerial data

collection and public safety in times of emergency. The PIC will be appropriately qualified with a current FAA approve d 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 UA , a re 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 location. The use of the Aibot X6, and / or the Yuneec Typhoon Q500 4K , all of which weigh less than 15 lbs. and are equipped with flight co ntrol and safet y features that prevent flyaways, minimize s the risk from that of a manned aircraft to people and property allowed within and outside the zone of operations.RSE333A102315 19 Flight operations outside the secure areas are not allowed. T here are no impacts to privacy.