February 5, 2015

Docket Operations, M-30 U.S. Department of Transportation (DOT) 1200 New Jersey Avenue, SE Room W12-140, West Building Ground Floor Washington, D.C. 20590-0001

Subject: Petition to the FAA for Section 333 Exempt ion

Architecture Demarest, L.P.

Dear Sir or Madam

Architecture Demarest, L.P. hereby submits to the F ederal Aviation Administration, pursuant to the FAA Modernization and Reform Act of 2012, an ex emption petition, in accordance with section 333 of the Act. Architecture Demarest, L.P. request to operate commercially its small unmanned aircraft system (UAS) which is currently r egulated by the Federal Aviation

Administration



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This letter provide requested information as listed in the FAA’s “Public Guidance for Petitions for Exemptions Filed under Section 333” a s described as of this date at the

FAA website at https://www.faa.gov/uas/legislative_programs/sectio n_333/how_to_file_a_petition/

Architecture Demarest is an architectural firm in t he State of Texas. Our UAV pilot has experience with proper UAV operation. An extensive pre-flight safety checklist is completed and each flight will be logged by the ope rator. Our exemption request would permit operation of an ultra-light weight, unmanned (remote control operated) in tightly controlled and limited airspace. More information a bout our company can be seen on the company website at www.architecturedemarest.com

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Purpose for the Exemption: Architecture Demarest, L.P. desired to utilize an u nmanned aircraft system (UAS), herein described, to accomplish aerial photography of mult ifamily and commercial facilities.Petition

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Contact Information:

Architecture Demarest, L.P. 2320 Valdina ST, Studio B Dallas, TX 75207

Office: 214-748-665 Email: djohnson@architecturedemarest.com

List of Specific Section of 14 CFR for which exempt ion is sought: This listing matched the list on page 7 of the FAA’ s “Public Guidance for Petitions Filed under Section 333”, Rev. 9/25/2015

14 CFR 21, Subpart H-Airworthiness Certificates

14 CFR 61.113(a) and (b), Certification: Pilots, Fl ight Instructors, and Ground

Instructors

14 CFR 91.7 (a), Airworthiness required for operati on

14CFR 91.103(b) (2), Preflight action

14 CFR 91.105, Flight crewmembers at stations

14 CFR 91.109, Flight instruction

14 CFR 91.119 (c), Minimum safe altitudes

14 CFR 91.121, Altimeter settings

14 CFR 91.151, Fuel requirements for flights in VFR conditions

14 CFR 91.405 (a), Maintenance required

14 CFR 91.407 (a) (1), Operation after maintenance

14 CFR 91.409 (a) (2), Inspections

14 CFR 91.417 (a) and (b), Maintenance records

(FURTHER DETAILS ON PAGES 8-11)

In accordance with the outline given in the FAA’s “ public Guidance for Petitions Filed underPetition

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Section 333”, the following information is provided for each numbered item listed in that guidance:

1. Aircraft description

Design and Operational Characteristics:

• Architecture Demarest, L.P. plans to operate a Pha ntom 2 comprised of an unmanned aircraft and a transportable ground sta tion. This aircraft is a quad-copter design with gross weight (battery and p ropellers included) of 1000 g (2.205 lbs.).

• The phantom 2 has a GoPro camera for capturing aer ial still photographs

and videos.

• It is equipped with four rotors that are driven by battery-powered electric

motors. Maximum airspeed is 30 knots.

• The Phantom 2 includes a Failsafe Function. It act ivates if the Remote Control is powered off, the Phantom 2 has flown out side effective control range, the signal between the Phantom 2 and the Rem ote Control is blocked, or if there is interference causing a signal proble m. When activated, the Failsafe Function automatically flies the Phantom 2 back to the Home point (the start location) and lands it. If GPS mode is n ot active, The Failsafe

function will execute a controlled descend and auto matic landing.

• Through the Phantom 2 Assistant software, each fli ght operation will be programmed with a maximum radius distance and maxim um altitude from the Home Point such that the flight control system will limit operations to within the confines of the property to be surveyed for Arc hitecture Demarest Clients. These performance limitation requirements are inclu ded in the UAS Operating Procedure contained in Appendix A herein.

Manufacture’s Documentation: Detailed manufacturer’s design information (current to the date) is contained in the following manuals in the appendices at the end of t he document:

• Appendix B- Phantom 2 Specifications

• Appendix C- Phantom 2 Quick Start Guide

• Appendix D- Phantom 2 User Manual

• Appendix E- Phantom 2 Pilot Training Guide

For ease of reference, the Phantom 2 is included in FAA Section 333 Exemption

No. 11138 granted on January 5, 2015 to Douglas Trudeau , Realtor®.

2. Procedure for Ensuring UAS is in a Condition Saf e for FlightPetition

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Preflight Checks:

At a minimum, the following items will be checked prior to initiation any operations. (See Appendix A in this document fo r detailed procedures, Architecture Demarest Operating Procedu res.

• Operations must be in daylight hours and under vis ual meteorological conditions (VMC).

• Area to be surveyed is defined on a plot plan draw ing with path of flight and altitudes for each leg of the flight clearly ma rked.

• Flight path is at least 500 ft. from all non-parti cipating persons, vessels, vehicles and structures unless protective barriers or structures are present, or permission is granted or such operation s present no hazard to the Pilot in Command, the Visual Observer, trainees , and other essential

persons.

• Flight plan and schedule has been reviewed with si te leadership and communicated to al V and Client personnel in the ar ea.

• Remote control, smart battery, range extender, and ground station monitor are fully charged.

• Propellers are mounted correctly.

• Micro-SD card has been inserted.

• Gimbal if functioning as normal.

• Compass has been calibrated.

• Flight radius and altitude limits have been set wi th the Phantom 2 assistant software, not to exceed 400 ft. AGL altit ude, and radius limited to the property boundaries of Architecture Demarest Client site.

• The Visual Observer (VO) is stationed at the requi red initial observation point according to the flight plan and in view of t he Pilot in Command (PIC) and has means for continual verbal communicat ion.

• There are no inoperable components.

• All site required safety permits are approved in i n possession of the PIC.

• Motors can start and function as normal.

• Flight Indicator Lights on the aircraft verify tha t the Home Point is set to

current location.

• Record the Preflight Check, date and sign, and fil e it in the Equipment Inspection and Maintenance Record Book.

3. Radio Frequency (RF) Spectrum for Control

The Remote Control ground station operation frequen cy is 5.278-5.85 GHz and inPetition

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FCC compliant with communication distance in an ope n area of 800 m (875 yds.)

Operation Frequency 5.725 GHz-5.85 GHz Communication Distance (open area) FCC Compliance: 800m Receiver Sensitivity (1%PER) -93dBm Transmitter Power FCC Compliance: 100mW Working Voltage 120 mA@3.7V Built-in LiPo Battery Working Current/Capacity 3.7 V, 2000mAh

4. Qualification for The Pilot in Command (PIC)

Logged Hours: The PIC will have accumulated and logged a minimu m of 25 hours of total time as a UAS rotorcraft pilot with a multi-rotor U AS prior to operation, the PIC will have also accumulated and logger a minimum of 5 hou rs as UAS pilot specifically operating the Phantom 2, prior to operations. The P IC will have accomplished, during dedicated training sessions, 3 take-offs and landin gs in the preceding 30 days. Training, proficiency, and experience-building flig ht in dedicated training sessions will be included in the accumulated and logged hours.

Emergency and Evasive Maneuvers: The PIC will have demonstrated the ability to saf ely operate the Phantom 2 in a manner consistent with how it will be operat ed in surveying Architecture Demarest Client properties, including evasive and e mergency maneuvers and maintaining appropriate distances from people, vess els, vehicles and structures. The logged hours referenced above will document this.

5. Description of Intended UAS Operations

• Operations will be restricted to Class G airspace.

• No operations will occur within 5 miles of a non-t owered airport reference point as denoted on a current FAA-published aeronau tical chart, unless a letter agreement with the airport’s management is o btained, and the operation

is conducted in accordance with a Notice to Airman (NOTAM) as required by the Certificate of Waiver or Operation (COA)

• The Phantom 2 will be utilized to survey multifami ly and commercial facilities. The use of small unmanned aircraft syst ems provides more immediate and through information than is presently available by other means. Expense for scaffolding, rental of manned ai rcraft, rental of equipment, and lost time is saved. Safety is improv ed by reducing fall risk for workers and reducing potential for manned aircraft accidents.

• As described in “2. Procedures for Ensuring UAS is in a Condition Safe for Flight”, altitude and distance limits will be enter ed into the Phantom 2 Assistant software prior to commencement of flight. This will restrict thePetition

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operation to Architecture Demarest Client property. The Failsafe Function

integral with the Phantom 2 will assure this aircra ft stays within the area deemed safe for operation.

6. Proposed Speed, Altitude, Visibility and Distanc es

Speed: The Phantom 2 is capable of a maximum speed of 15m/ s (29.2knots). In order to conserve power, and thereby maximize fligh t time, and to assure good quality still photographs and video, the Phant om 2 will be operated as a slow speed along the flight path, typically 2m /s (3.9knots) or below. Higher speeds may be used from time to time when tr aversing a section of the property of no interest and not included in a g iven study.

Altitude: Altitudes below 400ft. AGL are adequate for the com plete range of facilities and structures to be surveyed. The integ ral Flight Control System will be set to limit the altitude to always be belo w that level.

Distance: The integral Flight Control System will be set to l imit the redial distance from the Home Point (point of flight commencement) such that the Phantom 2 will stay within the boundary of the prop erty lines. The PIC will operate the equipment to assure those limits are no t reached and will maneuver the Phantom 2 to follow the preplanned fli ght path within the property boundaries.

The Phantom 2 will not be operated less than 500 fe et below or less than 2,000 feet horizontally from a cloud when visibilit y is less than 3 statute

miles from the PIC.

Operation will be aborted immediately if the PIC en counters unpredicted obstacles or emergencies. Safe descent and landing procedures will be followed in accordance with operating documents

7. Description of the Area of Intended Operations

As described in “5. Description of Intended UAS Ope ration”, the Phantom 2 operations will be restricted to Architecture Demar est Client property and not taken into public areas. Architecture Demarest and Client personnel on the site will be made fully aware of the operation prior to commencement of operations.

8. Proximity of Airports

Operation will be restricted to Class G airspace. No operations will occur within 5 miles of a non-to wered airport reference point as denoted on a current FAA-published aeronautical cha re, unless a letterPetition

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agreement with the airport’s management is obtained , and the operation is

conducted in accordance with a Notice to Airman (NO TAM) as required by the Certificate of Water or Operation (COA).

9. Operations within Visual Line-of-sight (VLOS)

In addition to the PIC, all operations will include a Visual Observer (VO). The VO will assure that the Phantom 2 is always within the ir visual line-of-sight (VLOS), as well as the PIC’s, at all times. The VO and the PIC will be able to communicate verbally at all times utilizing two-ways radios ava ilable at Architecture Demarest

Client sites.

10. Procedure for Preflight Safety Assessment

Prior to each flight, the PIC will inspect the Phan tom 2, including the ground control station, in accordance with the Preflight C hecklist (see”2. Procedure for Ensuring UAS Is In a Condition Safe for Flight”). I f the Preflight Check indicates any unsafe conditions or a non-functioning safety-c ritical part, the flight will commence until the needed maintenance is performed and a satisfactory Preflight Check can be completed. All maintenance a nd alterations performed will not be documented and filed in the Equipment Inspec tion and Maintenance

Record book.

11. Notifications

As required, a Notice to Airmen (NOTAM) will be req uested not more than 72 hours in advance and not less than 48 hours prior t o an operation. In addition, any notification required by the FAA F light Standards District Office

will be made.

12. Certificate of Waiver or Authorization (COA)

Prior to conducting any operations, an Air Traffic Organization (ATO) issued Certificate of Waiver or Operation (COA) will be ob tained for each aircraft. Services will start with one aircraft, with additio nal units added as needs for operations increase over time. Each Phantom 2 aircr aft will be identified with its serial number, registered in accordance with 14 CFR part 45; Subpart C. Markings will be as large as practicable.

Specific Regulations for Which Exemption is Sought:

1. 14 CFR 21, Subpart H-Airworthiness Certificates

14 CFR 21 covers he certification procedures for pr oducts and parts. Subpart H specifiesPetition

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requirement for Airworthiness Certificates for vari ous aircraft types. Small unmanned aircraft systems are not specifically called out an d addressed in these rules. Architecture Demarest will, in lieu of airworthines s certification by aforementioned rule, if exemption is granted, ensure that the Phantom 2 sys tem is in compliance with its operating documents as described herein. The PIC wi ll assure that all Preflight Checks are completed and documented and the Phantom 2 is i n full compliance with all manufactures’ operation and maintenance documents.

2. 14 CFR 61.113(a), Airworthiness required for ope ration

14 CFR 61.113(a) and (b) prohibit private pilots fr om fulfilling the role of PIC if the aircraft is carrying property for compensation, unless the f light is only identical to that business or employment.

Architecture Demarest believes that due to the size , weight, speed, and limited operating area associated with Architecture Demarest proposed Phantom 2 operations, a PIC possessing the aforementioned training and logged h ours, would ensure safety and prevent creating any hazard to users of the Nationa l Airspace Systems (NAS) or the public. We therefore request an exemption from thes e parts of 14 CFR.

3. 14 CFR 91.7(a), Airworthiness required for opera tion

If the exemption from 14 CFR 21, Subpart H (item 1 above) is granted, no airworthiness certificate will be required. On this basis, exempt ion from 14 CFR 91.7 (a) is requested, presuming that airworthy condition by definition in the rule means having an

airworthiness certificate. Architecture Demarest wi ll, in lieu of airworthiness certification by 14 CFR 21, ensure that the Phantom 2 system is i n compliance with its operating

documents as described herein. The PIC will assure that all Preflight Checks are completed and documented and exclude full complianc e with all manufacturer’s operation and maintenance documents.

4. 14 CFR 91.103 (b) (2), Preflight action

14 CFR 91.103 (b) (2) specifies that the PIC be fam iliar with aircraft performance under expected values of airport elevation and runway slo pe, aircraft gross weight, and wind and temperature.



### Since the Phantom 2 will not be operating out of ai rports this rule is not applicable. On this basis and on the basis that the operating documents cover requirements for operation safety, an exemption fro m this rule is requested.

5. 14 CFR 91.105, Flight crewmembers at stationsPetition

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### This part requires certain action by onboard crewme mbers. Since the Phantom 2 is unmanned, an exemption from this rule is request ed.

6. 14 CFR 91.109, Flight instruction

14 CFR 91.109 describes requirements for flight ins truction and required that the aircraft used for flight instruction have fully fun ctioning dual controls. The details pertain to manned airplanes and are not applicable to a small unmanned aircraft system such as the Phantom 2. Flight training will be required for the Phantom 2 pilot as detailed on page 5 herein “4 Qualification s for the Pilot in Command (PIC).” Compliance with these training requirements with logged hours assures that the required competency for safely operating t he Phantom 2 will be maintained. On this basis an exemption from this ru le is requested.

7. 14 CFR 91.119(c), Minimum safe altitudes

14 CFR 91.119(c) requires that no operation is perm itted below 500 feet above the surface, except over open water and sparsely po pulated areas. The proposed use of the Phantom 2 is specifically for a ltitudes that range from the

surface to maximum 400 feet AGL. On the basis of th e aforementioned safety procedures, we believe there will be no increased h azard to users of the National Airspace system (NAS) or the public will be created by the Phantom 2 as

detailed here.

8. 14 CFR 91.121, Altimeter settings

14 CFR 91.121 provides specific rules for altimeter setting for cruising altitude and flight level of aircraft and speaks of altimete r stations along the route and the elevation of the departure airport. In lieu of thes e specific requirements, most suitable for manned airplanes, the Phantom 2 has ba rometric altimeter and GPS derived altitude limitations. All altitudes reporte d to Air traffic Control (ATC) will be in feet above ground level (AGL). On this basis, an exemption from this rule is requested.

9. 14 CFR 91.151, Fuel requirements for flights in VFR conditions

14 CFR 91.151(a) requires that no person may begin a flight under Visual flight Rule (VFR) conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of i ntended landing and, assuming normal cruising speed, (1) during the day, to fly a fter that for at least 30 minutes, or (2) at night, to fly after that for at least 45 minutes. The Phantom 2 has a builtin Low battery Level Warning Function:

1) If the smart battery is depleted to the point th at may affect the safe returnPetition

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### of the aircraft, the low battery level warning noti fies the PIC to take action. 2) The thresholds for these warnings are automatica lly determined based on

the current aircraft altitude and its distance from Home Point. 3) A color coded battery level warning activates, t he aircraft will gradually descend and land automatically.

As standard operating procedure, the PIC will immed iately return the Phantom 2 to the Home Point for a battery swap when the batte ry level reaches 25%. On the basis of these specific safety features of b attery power level monitoring, and operating procedures, an exemption from this ru le is requested.

10. 14 CFR 91.405(a), Maintenance required

Please see exemption request explanation in item 13 below (14 CFR 91.417).

11. 14 CFR 91.407(a) (1), Operation after mainten ance

Please see exemption request explanation in item 13 below (14 CFR 91.417).

12. 14 CFR 91.409 (a) (2), Inspections

Please see exemption request explanation in item 13 below (14 CFR 91.417).

13. 14 CFR 91.417 (a) and (b), Maintenance record s

Parts 91.405 (a0, 91.407 (a) (1), 91.409 (a) and (b ), contain requirements for maintenance of larger aircraft. In lieu of adap ting these rules for the Phantom, Architecture Demarest is requiring an exem ption on the basis that it will inspect the Phantom 2 and ensures that it is in a condition for safe flight prior to beginning any operation. We pr opose that adherence to the operating documents describing the requirements for maintenance, inspection, and recordkeeping, are sufficient to en sure that safety is not adversely affected.

PUBLIC BENEFIT Granting this Section 333 Exemption would benefit t he public in the following ways:

• Public safety: Common practice for multifamily/com mercial facility construction projects and periodic site-wide multif amily/commercial facility visual assessment involves utilization of manned aircraft. The potential risk and property is order of magnitu des less for usePetition

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### of a small unmanned aircraft system as compared to conventional

aerial photography by manned fixed wing aircraft.

• In order to accomplish inspections of difficult to access areas at high elevations requires either erection of scaffol ding or lifting personnel by crane in protective enclosures to view the subject of interest. Fall protection gear and compliance with OSHA rules governing such work is crucial for life safety. The ultimate protection, however, would be to not involve person nel in such activity and instead complete this work with an unm anned aircraft system.

• Energy Savings and Environmental Protection: Reduc tion of frequency of manned aircraft used to do aerial phot ography and surveys for construction sites results in burning l ess fuel thereby energy and reducing emissions of combustion gases.

REASONS SAFETY NOT ADVERSELY AFFECTED AND IS AT LEA ST
EQUIVALENT TO EXISTING RULE The key features of the proposed Phantom 2 unmanned aircraft system that assure that safety to the public and safety of the National Airspace (NAS) is not adversely affected are the following:

• Credentials and training for the Pilot in Command (PIC), along with detailed operating procedures, assure that the leve l of competency required for successful and safe flight operations is achieved.

• The build-in Flight Control System, which includes a Failsafe Function,

assures immediate return to the Home Point and safe landing under failure scenarios, thereby preventing injury or dam age.

• Visual Line-of-Sight (VLOS) operation provided by the PIC and the Visual Observer (VO), and their ability to communicate ver bally at all times, assures full operational control.

• Detailed operations and maintenance procedures, in cluding a Preflight Checklist, provide assurance of mechanical integrit y and full functioning of Phantom 2 unmanned aircraft system prior to commenc ement of any operation.

SUMMARY FOR PUBLICATION IN FEDERAL REGISTER Petition for Exemption

Docket No.: FAA-2015-xxxx

Petitioner: Architecture Demarest, L.P.

Section of 14 CFR 21 Subpart H, 61.113(a) and (b), 91.7 (a), 91.103(b) (2), 91.105, 91.109, 91.119(c), 91.121, 91.151, 91.405(a ), 91.407(a) (1), 91.409(a)(2), 91.417(a) and (b).Petition

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### Description of relief Sought: The petitioner is see king an exemption to utilize an unmanned aircraft system (UAS) to accomplish aerial photography, surveys and

assessments of industrial and commercial facilities

.

Respectfully Submitted,

Daleth Johnson

Construction Administration

Architecture Demarest