October 29, 2015
Exemption No. 13393 Regulatory

Docket No. FAA

–2015

– 3478
M s. M. Anne Swanson Mr. Henry

H. Wendel Cooley LLP 1299 Pennsylvania Avenue, Northwest Washington, DC 20004 Dear Ms. Swanson and Mr. Wendel : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives y ou the conditions and limitations of the exemption, including the date it end s. By letter dated June 26, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Morris P. Hebert, Inc. ( hereinafter petitioner or operator) for an exemption . The petitioner requested to operate an unmanned ai rcraft sy stem (UAS) to conduct aerial data collection for agriculture, mining, and other purposes. See the docket, at www.regulations.gov , for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption
. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acti ng on this petition would be detrimental to the petitioner
. **Airworthiness Certification** The UAS proposed b y the petitioner are the Trimble UX5, and Trimble UX5 HP. In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited2

operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Sect ion 333. Therefore, the FAA finds that relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary
. **The Ba sis for Our Decision**  You have requested to use a UAS for aerial data collection
. 1 The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s . 11062 to Astraeus Aerial (see Docket No. FAA −2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC (see Docket No. FAA −2014−0382), 11213 to Aeryon Lab s , Inc. (see Docket No. FAA −2014−0642) , and 12645 to Allied Drones (see Docket No. FAA
- 2014
- 0804) , the FAA found that the enhanced safet y achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carryingno passengers or crew, rather than a manned aircraft of significantly greater proportions, carryi ng crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled b y this exemption is in the public interest. Having reviewed your reasons for requesting an exemption, Ifind that

—

 They are similar in all material re spects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, 11213 , and 12645 ;  The reasons stated b y the FAA for granting Exemption Nos. 11062, 11109, 11112, 11213 , and 12645 also appl y to the situation you present; and  A grant of exemption is in the public interest. **Our Decision** In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me b y the Administrator, Morris P. Hebert, Inc. is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 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 the extent necessary

to allow the petitioner to operate a UAS to perform aerial data collection
. This exemption is subject to the conditions and limitations li sted below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

**Conditions and Limitations** In this grant of exemption, Morris P. Hebert, Inc. is hereafter referred to as the operator. Failure to compl y with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption. 1. Operations authorized b y this grant of exemption are limited to the Trimble UX5, and Trimble UX5 HP when weighing less than 55 pounds including payload. Proposed operations of an y other aircraft will require a new petition or a petition to amend this exemption
. 2. Operations for the purpose of closed

- set motion picture and television filming are n ot permitted. 3. The UA may

not be operated at a speed exceedin g 87 knots (100 miles per hour). The exemption holder may

use either groundspeed or calibrated airspeed 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 airs peed recommended by the aircraft manufacturer. 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL. 5. The UA must 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 b y an y device other than corrective lenses, as specified on the PI C’s FAA
- issued airman medical certificate or U.S. driver’s license. 6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PI C and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VLOS capability
. The VO and PI C must be able to communicate verbally at all times ; e lectronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the VO can perform the duties required of the VO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents ,4

the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s resp onsibility

to track such revisions and present updated and revised documents to the Administrator or an y law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AF S

− 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. , replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may onl y be conducted b y a PI C with a VO and must remain at least 500 feet from other p eople. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and propert y. 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Prior to each flight, the PIC must conduct a pre

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

- flight inspection must account for all potential discrepancies, e.g. , inoperable components, items, or equipment. If the i nspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. 11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption must comply with all manufacturer safet y bulletins. 13. Under this grant of exempt ion, a PI C must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col umbia, Puerto Rico, a territory , a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.5

14. The operator may

not permit any PI C to operate unless the PI C demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, v essels, vehicles and structures. PI C qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PI Cs and VOs (traini ng, proficiency , and experience

- building) and determining the PIC’s ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may

only be conducted during dedicated training sessions. During traini ng, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance w ith 14 CFR § 91.119. 15. UAS operations may

not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UA may

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 s ymbo l as denoted on the current FAA
- published a eronautical 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 agreement with the airport management must be made available to the Administrator or any law enforcement official upon request. 17. The UA may

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 PI C. 18. For tethered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from at least one mile. This requirement for pennants or streamers is not applicable when operating exclusivel y below the top of and within 250 feet of an y structure, so long as the UA operation does not obscure the lighting of the structure. 19. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre - determined location within the pr ivate or controlled

- access propert y. 20. The PI C must abort the flight in the event of unpredicted obstacles or emergencies. 21. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available pow er for the UA to conduct the6

intended operation and to operate after that for at least 5 minutes or with the reserve power recommended b y the manufacturer if greater. 22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operat ions shall be cond

ucted in accordance with an ATO

- issued COA. The exemption holder may

apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the enclosed COA
. 23. All aircraft operated in accordance wi th this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 24. Documents used b y the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PI C at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 25. The UA must remain clear and give way to all manned aviation operations and activities at all times. 26. The UAS may

not be operated b y the PIC from any moving device or vehicle. 27. All Flight operations must 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 must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediatel y in a manner ensuring the safet y of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PI C, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 28. All operations shall be conducted over private or control led

- access propert y with permission from the property owner/controller or authorized representative. Permission from property owner/co ntroller or authorized representative will be obtained for each flight to be conducted.7

29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y the applicable COA must be report ed to the FAA's UAS Integration Office (AFS

− 80) within 24 hours. Accidents must be reported to the National Transportation Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov
. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply
. 30. The operator must have a motion picture and television operations manual (MPTOM) as doc umented in this grant of exemption. 31. At least 3 day s before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may

be waived with the concurrence of the FSDO. The plan of activities must include at least the following: a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conduct ed under this grant of exemption; c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N

−Number of UAS to be used; e. Name and certificate number of UAS PI Cs involved in the aerial filming; f. A statement that the operator has obtained permission from propert y owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption hold er or representative; and h. A description of the flight activity , including maps or diagrams of any area, city , town, county , and/or state over which filming will be conducted and the altitudes essential to accomplish the operation. 32. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply

with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on October 31, 2017 , unless sooner superseded or rescinded. Sincerel y, /s/ John S. Duncan Director, Flight Standards Service E nclosure