# 01-ID C ontrac-t

- i' n g Inc. o Yonkers

Building Quality for Qver 65 Years 969 Midland A venue Yonkers, NY 10704 Te1914. 965.1500 Fax 9 14. 318. 8883

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March 5, 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Roorn W12-140 1200 New Jersey Avenue, SE Washington, DC 20590

RE: Submission to FAA Exemption Request

- Small Unmanned Aircraft Systems (sUAS)

Dear Sir or Madam:

Attached please find the Yonkers Contracting Company, Inc. (YCC) request for an exemption from the listed Federal Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft System (sUAS). The purpose of this request is to allow for aerial imaging as required under awarded contracts by agencies such as the New York State Department of Environmental Protection (NYSDEP) as well as for safety and monitoring of secured construction sites. This exemption request is specific for the use of the sUAS manufactured by Walkera - TALI HSO0.

Also attached you will find the Walkera TALI HS00, DEVO F12E, Settings Manual, which outlines the Radio Settings specific to Senser View - Displaying Data such as Timer, Horizontal Distance, Altitude Display, Move Speed Display, Longitude Display and Latitude Display - All useful in safe and controlled operation of the sUAS.

Thank you for your consideration, and please let me know if you have any questions.

Sincerely,



# ~ RayApruzzese Yonkers Contra cting Co., Inc. Project Controls Manager sUAS Operator


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rty for Over 65 Years 969 Midland Avenue Yonkers, NY 10704 Tel 914.965. 1500 Fax 914.378.8883

March 5, 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New]erseyAvenue, SE Washington, DC 20590

RE: Submission to FAA - Exemption Request

- Small Unmanned Aircraft Systems (sUAS) Section 333 of the FAA Reform Act and Part 11 of t he Federal Aviation Regulations from 14 CFR

Dear Sir or Madam:

In regard to Section 333 of the FAA Reform Act and 14 CFR of the Federal Aviation Regulations, Yonkers Contracting Company, Inc. (YCC), the operator of the Walkera TALI HSO0 (TALI HSO0) Small Unmanned Aircraft System (sUAS), seeks an exemption from the Federal Aviation Regulations (FARs) listed below.

The requested exemption would permit YCC to operate their TALI HSO0 for aerial imaging as required under awarded contracts by agencies such as the New York State Department of Environmental Protection (NYSDEP) as well as aerial imaging for safety and monitoring of secured construction sites. With the landowner's permission, the TALI HSO0 uses a mounted camera to capture high quality digital images. Use of the sUAS for aerial imaging reduces the need to operate conventional aircraft for the same purpose and provides very high quality imaging at a fraction of the cost. These savings result in enhanced efficiency and productivity for the affected activities, as well as environmental benefits.

Operations under the exemption will be subject to strict operating requirements and conditions to ensure at least an 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.

As described below, the requested exemption would authorize commercial operations of aerial imaging using the sUAS, which at less than S lbs, is small in size. The sUAS will be operated

1under controlled conditions at low altitude in airs

automated control features, as described below. I pace that is limited in scope; it will have n an effort to reduce risk and retain operation quality control.

YCC will utilize this sUAS in lieu of comparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence that the operations will achieve at least an equivalent level or greater level of safety. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator'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 (NAS)o

The name and address of the applicant are:

Yonkers Contracting Company, Inc. Raymond M. Apruzzese 914-965-1500 x772 rapruzzese@yonkerscontractingco.com 969 Midland Avenue Yonkers, NY 10704

The FARs from which the exemption is requested are as follOws:

14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133(a); 14 C.F.R. 14 C.F.R. 14 C. F. R. 14 C. F. R. 14 C.F.R. 14 C.F.R. 91.7(a);

91.9 (b) (2); 91.109(a); 91.119; 91.151(a); Part 21; 14 C.E.R. 91.203(a) & (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a).

Each regulation is explained below as to why exemptions have been requested and how each is appropriate. Also, how YCC can provide an equivalent level of safety as required for the operator, those observing operations as well as the public.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 YCC submits that grant of this exemption application for use of the TALI HSO0 in aerial imaging in accordance of the law which directs the Secretary of Transportation to consider whether certain sUAS may operate safely in the NAS before completion of the

2rulemaking required under Section 333 of the Reform Act. In making this determination, the

Secretary is required to determine which types of sUAS do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The sUAS size, weight, speed, and operational capability; • Operation of the sUAS in close proximity to airports and populated areas; • Operation of the sUAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe opera of such aircraft in the national airspace system." Id. §333(c). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by it: tion

terms, includes exempting civil aircraft, as the term is defined under §40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those

1 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 4470244716 of this title if the Administrator finds the exemption is in the public interest.

The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed Operations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to sUAS for aerial imaging. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

Mandatory Operating Conditions Grant of the exemption to YCC will be subject to the following mandatory conditions, which are based upon operating conditions set forth for operation of sUAS by public entities pursuant to Certificates of Authorization, with additional restrictions: • All operations to occur in Class G airspace • Operations to be conducted over private or controlled-access property • Permission frorn land owner/controller required before commencing any flight • Operations to occur during Visual Flight Rules Meteorological Conditions (VMC) • Aircraft to remain within Visual Line of Sight (VLOS) o VLOS guaranteed with a cylinder of operation around operator of 1 /a nautical miles (NM) • Above Ground Level (AGL) altitude to be restricted to 400 feet • All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline azimuth of runway centerline measured from runway thresholds • All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies

operator Requirements

3YCC respectfully proposes that operator requirements should take into account the

characteristics of the particular sUAS. Certain sUAS, such as the YCC TALI HSO0, are characterized by a high degree of pre-programmed control and various built-in technical capabilities that limit the potential for operation outside of the operating conditions set forth above. The TALI HSO0 flights can be pre-programmed with precision GPS guidance and do not require human intervention. In the case of unplanned events, the aircraft will follow p-programmed maneuvers including the initiation of holding at present position; Fail Safe-Return to Home (RTH) and climb to an elevation of 15m, return to the launch point and land safely. Additional automated safety functions and safety enhancing features of the TALI HSO0 include the following: • Detection of lost GPS or radio signal from transmitter will initiate RTH. • Low power warning; the radio start buzzing and shaking when you have 2 minutes of flight time remaining on the HSO0 battery. • The aircraft, weighing less than 101bs., fully loaded, is constructed of EPP foam, or similar material which is intended to absorb impact energy. Given these safety features, YCC proposes that operators of the TALI HSO0 should not be required to hold a commercial or private pilot certification.

Federal Aviation Regulations - Exemption detail YCC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the TALI HSO0:

14 C.F.R. § 45.23(b): Marking of the Aircraft

The regulation provides: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words "limited," "restricted," "lightsport," "experimental," or "provisional," as applicable.

The TALI HSO0 has no entrance to the cabin, cockpit, or pilot station on which the word "Experimental" can be placed. Given the size of the sUAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the forward fuselage in compliance with § 4529(f). The equivalent level of safety will be achieved by having the TALI HSO0 marked on its forward fuselage as required by § 45.29(f) where the pilot, observer, and others working with the sUAS will see the identification of the sUAS as "Experimental." The FAA has issued the following exemptions to this regulation to others, including Exemption Nos. 8738, 10167 and 10167A.

~~ ,14 C.F.R. § 61.113(a) &(b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations.

Section 61.113 (a) &. (b) limit private pilots to non-commercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the TALI HSO0 in this case is remotely controlled with no passengers or property of others on board. Section 61.133 (a) requires an individual with a commercial pilot's license to be pilot in command of an aircraft for compensation or hire. YCC respectfully proposes that operator requirements should take into account the characteristics of the particular sUAS. Certain sUAS, such as the YCC TALI HSO0, are characterized by a high degree of pre-programmed control and various built-in technical capabilities that limit the potential for operation outside of the operating conditions set forth above. The TALI HSO0 flights can be pre-programmed with precision GPS guidance and do not require human intervention. In the case of unplanned events, the aircraft will follow p-programmed maneuvers including the initiation of holding at present position; Fail Safe-Return to Home (RTH) and climb to an elevation of 15m, return to the launch point and land safely. Additional automated safety functions and safety enhancing features of the TALI HSO0 include the following: • Detection of lost GPS or radio signal from transmitter will initiate RTH. • Low power warning; the radio start buzzing and shaking when you have 2 minutes of flight time remaining on the HSO0 battery. • The aircraft, weighing less than 10 lbs., fully loaded, is constructed of EPP foam, or similar material which is intended to absorb impact energy. Given these safety features, YCC proposes that operators of the TALI HSO0 should not be required to hold a commercial or private pilot certification. Given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation of the TALI HSO0 without a private pilot's certificate or a commercial pilot's certificate, under the conditions set forth herein. The risks associated with the operation of the TALI HSO0 (given its size, speed, operational capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with private pilot operations or commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the sUAS as set forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a commercial pilot to operate the aircraft under § 61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the TALI HSO0 without an airworthiness certificate, no standard will exist for airworthiness of the TALI HSO0. Given the size of the aircraft and routine pre-flight inspection before flight, an equivalent level of safety will be achieved.

514 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation provides: No person may operate a U.S h an unless .-registered civil aircraft ... (2) For whic Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Given the size and configuration of the TALI HSO0, it has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be achieved by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued to others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,10602, 32827, and 10700.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. The TALI HSO0 is a remotely piloted aircraft and by design, does not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. An equivalent level of safety will be assured. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for fl~~h t instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the TALI HSO0 will never operate at higher than 400 feet AGL. It will, however, be operated to avoid congested or populated areas. Because aerial imaging work must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119 (c) is needed. The equivalent level of safety will be achieved given the size, weight, speed, and material with which the TALI HSO0 is built. Also, no flight will be taken without the permission of the land owner or those who control the land. Because of the advance notice to the landowner, all affected individuals will be aware of the flights. Compared to aerial imaging operations conducted with aircraft or rotorcraft weighing far more than 10 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than those currently allowed with conventional aircraft operating at or below 500 feetAGL. Indeed, the low-altitude operations of the sUAS will maintain separation between

Tthese sUAS operations and the operations of conventional aircraft that must complywith

Section 91.119.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation 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 ofintended landing and, assuming normal cruising speed -(1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The TALI HSO0 batteries provide approximately 25 minutes of powered flight. Without an exemption from § 14 CFR 91.151, the limitations proposed would greatly reduce its utility. Given the type of operation, as well as the rural location of those proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable. Additionally, given the proposed VLOS restriction, the aircraft would always be well within 5 minutes of its landing position. Finally, recognizing its weight and construction material, the risks are less than contemplated by the current regulation. YCC believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior exemption. See Exemption 10673. Operating the sUAS, without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the sUAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. YCC believes that an equivalent level of safety can be achieved by maintaining 10 minutes of reserve fuel, which would be more than adequate to return the sUAS to its planned landing zone from anywhere in its operating area.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. § 91.203 (a) &(b): Carrying Civil Aircraft Certification and Registration

Section 91.203(a) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Section 91.203(b) requires No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the size of the aircraft (Under 10 lbs.) and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the sUAS involved. In this case, an analysis of these criteria demonstrates that the TALI HSO0 operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or

~safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate.

The TALI HSO0 weighs less than 10 lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance with conditions set forth herein. Operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the conditions set forth above, and by local public safety requirements. The TALI HSO0 construction with absorbent material provides at least an equivalent level of safety to that of such operations being conducted with conventional aircraft that would be orders-of-magnitude larger and would be carrying passengers, cargo, and flammable fuel. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections

Section 91.405(a) requires 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, have discrepancies repaired a s prescribed in part 43 of this chap ter

.. .." Section 91.407 similarly makes reference to requir ements in Part 43; Section 91.409 (a) (2) requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. Maintenance Of the TALI HSO0 components will be accomplished by a YCC technician or outside repair representative if necessary. An equivalent level of safety will be achieved because the sUAS is small in size, will carry no external payload, will operate only in restricted predetermined areas and is not a complex mechanical devise. The operator of TALI HSO0 will also ensure that the sUAS is in working order prior to initiating flight, and keep a log of any maintenance that is performed on the aircraft. Moreover, the operator is the person most familiar with the aircraft and is best suited to ensure that the aircraft is in an airworthy condition and to guarantee an equivalent level of safety. YCC will be putting our TALI HSO0 aircraft through a routine, but rigorous, inspection of the airframe and components every 50 flights. Likewise, we will replace the servos, motor, and speed controller every 300 flights. This will ensure an equivalent level of safety to the maintenance requirements in Part 910

In summary, applicant seeks an exemption from the FARs set forth above to allow commercial operations of a small unmanned vehicle conducting precision aerial imaging flights. Approval of the exemption allowing commercial operations of the TALI HSO0 for precision survey work will enhance safety by reducing risk. Conventional aerial survey operations, using jet or piston-powered aircraft present risks associated with vehicles that weigh between 5,000 to 7,000 lbs., carry large quantities of fuel, passengers, and, in some cases, cargo. Such aircraft must fly to and from the survey location. In contrast, a TALI HSO0 weighing less than 10 lbs. and powered by batteries eliminates a portion of that risk given the reduced mass and lack of combustible fuel carried on board. The TALI HSO0 is carried to the flight location, not flown there. The TALI HSO0 will carry no passengers or crew and, therefore, will not expose any individuals to the risks associated with manned aircraft flights. Additionally, no national security issue is raised by the grant of the requested exemptions. Given the size, load carrying

0capacity, s

dangerous TALI HSO0, weighing less than 10 lbs., for aerial imaging in accordance with the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the



### . . . . peed at which it operates, and the fact that it carrles no explosives or other materials, the TALI HSO0 poses no threat to national security. The operation of the

exemptions requested herein, including exempting YCC from the requirements of Part 21. The TALI HSO0's satisfaction of the criteria set forth in Section 333 of the Reform Act size, weight, speed, operating capabilities, lack of proximity to airports and populated areas, operation within visual line of sight, and national security and its showing Of an equivalent level of safety as it may relate to the requirement for a pilot's license, provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of the TALI HSO0 in the commercial construction business for purposes of aerial imaging required by awarded contract (NYSDEP) as well as aerial imaging for safety and monitoring of secured construction sites.

Thank you for your consideration, and please let me know if you have any questions.

Sincerely,



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Ray Apruzzese Yonkers Contracting Co., Inc. Project Controls Manager sUAS Controller



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