GEI Consultants of Michigan, P.C. 109 W. Baraga Avenue

Marquette, MI 49855 906-451-4021 www.geiconsultants.com Consulting Engineers and

Scientists October 14, 2015

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

SUBJECT: Section 333 Petition for Exemption 14 CFR § 11.81 Electronic Submittal – Via FDMS Website

Dear Staff: This letter serves as a petition for exemption from spec ific rules contained in Title 14 of the Code of Federal Regulations (14CFR), regarding the op eration of a small, unmanned aircraft system (small UAS) in the National Airspace System (NAS ). This petition has been prepared and filed in accordance with 14 CFR § 11.81. 

### Operation of the Unmanned Aircraft The UAS will be used for civil operations by GEI Consultants of Michigan, P.C., a professional engineering consulting firm, for the propose of c onducting site reconnaissance for both public and private civil construction and engineering projects. The UAS will be used to gather aerial still photography, and videos for use in engineering. These operations would benefit the public as a whole by enabling enhanced acquisition of existi ng data for use in the preparation of detailed engineering studies. Aerial photography would also serve as a historical record, which is commonly shared with federal, state, and local agencies. We intend to implement all of the Operational Li mitations, outlined in Proposed Part 107 of the Notice of Proposed Rulemaking (NPRM), at a mini mum. These limitations will ensure the same level of safety offered by the rules for which the exemption is sought. By adhering to the Operational Limitations, the proposed UAS operation will minimize risk to the NAS, and to persons and property on the gr ound. The UAS will be operated in Class G airspace only, and flights will not exceed 200 feet in elevation above ground level. Operations will be limited to daylight only in Class G airspace, using visual line of sight (VLOS), in sparsely populated areas. Operations will also remain:

• 5 nautical miles (NM) from an airport having an operational control tower; or • 3 NM from an airport with a published instrume nt flight procedure, but not an operational tower: or • 2 NM from an airport without a published instrument flight procedure or an operational tower; or • 2 NM from a heliport with a published instrument flight procedure.

Prior to each flight, the Pilot In Command (PIC ) will perform a preflight inspection of the UAS, and follow the manufacturer’s preflight checklist. In addition, an UAS User Manual will also be available for each flight. The UAS specifications can be found in the DJI Vi sion 2 Plus User Manual. The aircraft loadsU.S. Department of Transportation -2- October 14, 2015

will include a video camera, and intelligent flight battery, and are included in the total weight of the aircraft, which is roughly 3 lbs. The UAS Safety Guidelines also provide recommendations for the safe operation of the UAS, and potential hazards. 

### Unmanned Aircraft Pilot in Command (PIC) The Pilot in Command (PIC) will be a suitably trained person capable of safely flying the UAS. The PIC will assume the final authority and responsibility for the operation and safety of the flight. They will also be responsible for staying abreast of the latest FAA regulations, through the “Know Before You Fly” program. 

### Unmanned Aircraft System The UAS will be DJI Phantom 2 Plus, which is manufactured by DJI. All manufacturers recommendations related to safety guidelines will be referenced to ensure the safe operation of the small UAS in the NAS. This includes all DJI instructional videos and written Safety Guidelines for the Phantom 2 Plus. Our PIC will implement the Operational Limitations outlined in Proposed Part 107 of the Notice of Proposed Rulemaking (NPRM), Volume 80, No . 35 of the Federal Register, dated Monday, February 23, 2015. Maintenance and repair will be performed as necessary, and a maintenance record will be recorded in a repair logbook. This will ensure th at the UAS is in a safe condition for flight. The Maintenance Manual for the Phantom 2 Plus will be used as a reference, and has been included in this submittal. The UAS will also be registered in accordance with Part 47 of the 49 UCS § 44711.

Rules for which we seek exemption are summarized below, and include:

1) 14 CFR, Part 21, Subpart H - Airworthiness Certificates This section pertains to requirements for the issu e of airworthiness certificates. Proposed Part 107 of the NPRM concluded that, requiring sma ll UAS operators to conduct inspection and maintenance of the small UAS pursuant to the exis ting regulations of 14 CFR Part 43, or to obtain a permit to operate (PTO), would not result in significant safety benefits. 2) 14 CFR, Part 61 § 61.23(a) and (c) - Medical Certificates This regulation provides that a PIC must maintain and hold medical certificates. GEI Consultants feels that the medical certificates are not necessary to protect the public safety with the proposed UAS. 3) 14 CFR, Part 61 § 61.101(e)(4) and (5) - Recreational Pilots This regulation provides that no person that holds Recreational Pilot certificate may act as pilot in Command of an aircraft for compensation or hire . GEI Consultant’s proposed sUAS operations require that the PIC must be adequately trained in the use of an UAS and since the aircraft cannot carry passengers or property, GEI Consultants feel s that it meets the intent of 61.101 even though the intent of this application is to conduct a business. 4) 14 CFR, Part 61 § 61.113(a) - Private Pilot This regulation provides that no person that holds Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connecti on with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carryU.S. Department of Transportation -3- October 14, 2015

passengers or property for compensation or hire . GEI Consultant’s proposed sUAS operations require that the PIC must be adequately trained in the use of an UAS and since the aircraft cannot carry passengers or property, GEI Consultant s feels that it meets the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business. 5) 14 CFR, Part 61 § 61.315(a) - Sports Pilot

This regulation provides that no person that holds a Sports Pilot certificate may act as pilot in Command of an aircraft for compensation or hire . GEI Consultant’s proposed sUAS operations require that the PIC must be adequately trained in the use of an UAS and since the aircraft cannot carry passengers or property, GEI Consultants feel s that it meets the intent of 61.101 even though the intent of this application is to conduct a business. 6) 14 CFR, Part 91 § 91.7(a) - Civil Aircraft Airworthiness This regulation prohibits the ope ration of an aircraft without an airworthiness certificate. GEI Consultants seeks an exemption from 14 CFR §91.7 wh ich requires that a civil aircraft have an airworthiness certificate to operate. 7) 14 CFR, Part 91 § 91.9 - Civil Aircraft Flight Manual The regulation provides that no person may operate an aircraft unless a current, FAA-approved flight manual, approved manual material, markings and placards or any combination thereof is in the aircraft. GEI Consultants proposes that a curre nt, approved sUAS Flight Manual be available to the crew at the ground station anytime th e aircraft is in, or preparing for flight. 8) 14 CFR, Part 91 § 91.103 - Preflight Action This section pertains to preflight actions for IF R flights, and reviewing information related to runway lengths, and takeoff and landing dist ances. The small UAS will never be flown under IFR conditions, and takeoff and landing distances are not a factor on a rotorcraft. The small UAS will undergo a preflight assessment, which will include: (1) local weather conditions; (2) local airspace and flight restrictions; (3) the location of persons and property on the ground; (4) any other ground hazards. 9) 14 CFR, Part 91 § 91.109 - Flight Instruction This section pertains to aircraft being used for f light instruction. The small UAS will not be used for flight instruction. 10) 14 CFR, Part 91 § 91.119 - Minimum Safe Altitudes This section pertains to minimum altitudes for flight, which are a minimum of 500 feet above the surface, and greater. The small UAS will be flow at a maximum altitude of 500 feet above the surface. This rule would not be appli cable to Proposed Part 107 of the NPRM. 11) 14 CFR, Part 91 § 91.121 - Altimeter Settings This section pertains to cruising altitudes and flight levels as referenced by altimeter settings. In addition, the rule pertains to flights that are above a minimum altitude of 500 feet. The small UAS does not contain an altimeter, and will be fl own at a maximum altitude of 500 feet. This rule would not be applicable to Proposed Part 107 of the NPRM. 12) 14 CFR, Part 91 § 91.151 - Fuel Requirements for VFR Conditions This section pertains to fuel requirements in VFR conditions when flying an aircraft to the first point of intended landing. The small UAS will be flown on battery power, and will remain within a visual line of sight (VLOS) at all times. This rule would not be applicable to Proposed Part 107 of the NPRM.U.S. Department of Transportation -4- October 14, 2015

13) 14 CFR, Part 91 § 91.203(a)(1) - Civil Aircraft Certifications This section pertains to airworthiness certificates originally designed for manned aircraft. It is not practically feasible for small UAS manufacturers to complete the certification process required of manned aircraft. Proposed Part 107 of the NPRM has accommodated nonrecreational small UAS use through a certificate of waiver or authorization (COA). The UAS will be registered with the FAA, and a COA woul d be requested subsequent to the Section 333 exemption process. 14) 14 CFR, Part 91 § 91.405 - Maintenance Required This section pertains to the maintenance of ma nned aircraft. Proposed Part 107 of the NPRM concluded that, requiring small UAS operators to conduct inspection and maintenance of the small UAS pursuant to the existing re gulations of 14 CFR Part 43, or to obtain a permit to operate (PTO), would not result in significant safety benefits. 15) 14 CFR, Part 91 § 91.407- Operation after Maintenance, Preventative Maintenance This section pertains to aircraft maintenance, preventative maintenance, and alterations for manned aircraft. The small UAS will not carry pers ons, and will not be alte red to change flight characteristics. 16) 14 CFR, Part 91 § 91.409 - Inspections This section pertains to manned aircraft inspec tions. Proposed Part 107 of the NPRM concluded that, requiring small UAS operators to conduct inspection and maintenance of the small UAS pursuant to the existing regulations of 14 CFR Part 43, or to obtain a permit to operate (PTO), would not result in significant safety benefits. 17) 14 CFR, Part 91 § 91.417 - Maintenance Records This section pertains to maintenance records for manned aircraft for the 100 hour, annual, and progressive periods. These rules are impractical for a small UAS, and would not result in significant safety benefits. Maintenance record s for the small UAS will be kept as required. 

### Summary of Rules for Exemption Sections of 14 C.F.R Sections 61.23(a) and (c ), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.103, 91.119(c), 91.121, 91.151(a)(1) & (b), 91.203, 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

### Description of Relief Sought GEI Consultants is seeking an exemption to co mmercially operate a small unmanned aircraft system (sUAS), 15 pounds or less including pa yload, to perform various operations which include, but are not limited to: aerial acquisition and research in support of public and private engineering projects, aerial photography, local infrastructure, engineering studies, flood studies and floodplain modeling, mining, and surveying.



### Conclusion Due to their light weight, small unmanned aircraft generally pose a significantly lower risk to people and property on the ground, as compared to manned aircraft. The size, weight, speed, and capability of the Phantom 2 Plus UAS will not cr eate a hazard to the users of the NAS or the general public, nor will it pose a threat to nationa l security. Granting this request for exemption would not adversely affect safety, and would be in the public interest. The UAS will be registered with the FAA, a nd upon receiving a grant of exemption a “blanket” 200 foot Certificate of Waiver or Authorization (COA) would be requested.U.S. Department of Transportation -5- October 14, 2015

Sincerely,

GEI Consultants of Michigan, P.C.

George M. Meister, P.E. Senior Civil Engineer