P CIVIL
LlINNF. ~ 51SEERS

October 29, 2015 Sandis Ken Olcott, P.E. President / LEED AP / QSD/P 1700 S. Winchestcr Blvd Suite 200 Campbell, CA 95008 P: (408) 636-0925 kolcottnsandis.net U. S. Departnlent of Trailsportatl011 Docket Operations West Building Ground Floor, Room W 12-140 1200 New Jersey Ave., SE Washington, DC 20590
1Zc: Request 1'or FAA Seetioil 333 eXenlptloll ll

- olil illllltlple re£;ltl atory provisions to allow the use of unmanned acrial systems (UAVs) in lancl sul•veying relating to civil and traffic ctlglncel

- ing.
Dear Sir or Madam: Pln•suant to Section 333 ol'the FAA Modernization and Ref:orm Act of 2012 (tlle Reform Act) and 14 C.F.R. Part 11, SANDIS CIVIL ENGINEERS SURVEYORS PLANNERS , a Califoi

- nia Corporation, located at 1700 S . Wi11Cllestel' Blvd Sll]te 200 Canlpbell. CA 95008 (Sandis), hereby applies for an exemption from the listed Federal Aviation Regulations ("FAI2s") to allow conunercial operation of its Small Uilnlanned Aircraft Systenls ("sUAS") for aerial imaging lor salety and nlonitoring of secured atid eoiltrolled environnlent project sites . solong ils sllch operatlOils al'e coIldlLCted wlthlll al1cl Lllldel' tlle conditions otltlined llercin or as lnay be established by the FAA as required by Section 333. Tlie reduesteci eaemption would pernlit the operation of sUAS under eontrollccl conditions in airspace that is 1) linlited 2) predetcrmined 3 ) controlled as to access an(i 4) woulci provide safety enhancements to the already best practices safety protocols followed by Sandis at each onc of'its project sites. Approval ol'tllis exemption would tliereby cnhance safety and fulfill the Secretary of Transportation's (the FAA Administrator 

### 's) respollsibilities to " ... establisll requirements for the safe operation of sucll aircraft systems in the natiotlal airspace system." Scction 333(c) of'tlie Reform Act. The name and adclress of the .ipplicant is: Sandis 1700 S. Winchester Blvd Suite 200 Campbell, CA 95008

1700 S. Winchester Blvcl., #200 , Carnpbell, CA 95008 1 P. 407.636.0900 1 F. 408.636.0999CIV I L

S A N ® I S NEERS



### "I , lic make ancl nloclel of the aircraft for• proposed operations is:


## Manufacturer: Aero'Testra
iVlocicl: Ivarl


## Year: 2014
Serial No. ATMK09002
Dimensions 21.5 X 21.5 X 8 IN Takeoff Weight 3.8KG (8 pounds, six ounces)
Powertrain T-MOTOR 4014 400KV 6S2P 9000 mAh LiPo 45 AMP OPTICAL ESC 15 X 5.5 CF PROPELLERS Autopilot System PIXHAWK with 32 bit STM32F427 Cortex M4 core RFD ULTRA LONG RANGE 900 mHz TELEMETRY MODEM Radio S, s

~ 

## tem SPEKTRUM DX6 6 CHANNEL Tx SPEKTRUM A6210 6 CHANNEL Rx with SATELLITE

1700 S. Winchester alvd., 4 1 200, Campbell, CA 95008 1 P. 407.636.0900 1 F. 408.636.0999

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Regulations from NN

- hich the exemhtion is requested: 14 C.1j.R. Pal

- t 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.1 .1Z. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C. F. R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b)
I. STATUTORY AUTHORITY FOIt EXI;MPTIONS The Federal Aviation Act expressly grants the FAA authority to issue exemptiolls. 1'}lis statutory authority includes exempting civil aircraft, as the terin is detined under §40101 of the Act, including sUASs, fronl the requirenlent that all civil aircraft nlust have a current airworthiness certif icate. The Adlnlnlstrator lnay grant an CXclllptiC)n Il

- 0111 a requirement ofa regulatlofl prescribed uncier stlbsection (a) or (b) ol'this section or any sections 44702-44716 ot'tllis title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR fi91.203(a) (1). Section 333(b) of'tlle Refoim Act assists the Secretaiy in determining whether sUAS nlay operatc in the National Airspace Systenl (NAS) witllout creating a hazard to the user, the public, or a threat to national sccurity. If the Secretary deterinitles that a sUAS "may operate safely in the national airspace system, the Sccretary shall establisll requirements for thc safe operation of such aircl-aft in the national airspacc system." Id. §333(c). Sandis's UAVs have a takeoff weight of less than 10 Ibs (as specified by the manufacturer it is exactly 8 pounds, six ounces). They operate undcr normal conditions at a speed of no more than 50 knots and ilave the eapability to llover, and move in thc vertical and hol

- 17.ontal plalle silllultallentlsly. T llc stJAS will operate only in the Pilot's visual Iine of sigllt at all times and will operate only directly above uninhabiteci open ground or over buildinas where no one is on the roof Such operations will insure that the sUAS will '`not create a liazard to users of tllc national airspace system or the public." Reforin Act Section 333 (b).

1700 S. Winchester Blvd., ff200, Campbell, CA 95008 

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Given the small size of the sUAS involvcd and the restrictcd and sterilc cnvironmcnt withirl whieli they will operate, our application lilllS Squarcly within the cone ol'safety (an equivalernt level of safety) in whieli Congress envisioned that the rAA must, by exemption, allow conimercial operations of sUAS to comnicnce immediately. Also due to the sniall size ol'tlie sUAS and the low altitudes and restricted areas in wllich the sUAS will operatc. approval of the application presents no national security issue. Given the clear direction in Section 333 ol'the Relorill Act, the autllot

- ity contained in the Federal Aviation Act, as amcnded; the sti

- ong equivalent level of'salcty surrounding thc pi

- oposed operations, and the significant public bcnefit, including enitanced safety, the grant ol'thc rcquested cxemptions is in the public interest. Accordingly, Sanclis respcctfully reduests that the rAA grant the requested exemption without delay. II. PUI3LIC INTCREST This exemption application is expressly submitted to ftilfill Congress' goal in passing Section 333(a) through (c) of the Reforni Act. This law clirects the Secretary of Transportation to considcr whether certain unmanned aircraft systems may operate safely in the NAS before completion of

~ the 1cilemaking required under Section 332 of the Reform Act. By granting an excmption the FAi1 will fullill Congress"s intent of allowing UAS to operate with slgniflCant safety precautions in low i

- isk cnvironmcnts. The use of sUAS to photograph and survey open land or to keep track of daily progress on a project site ean significantly reduce the risk to workers of falls wliile inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, and collect data on hard to get to areas that otherwise would require climbing of steep hillsides anci placing workers at risk for various elevated or difticult to reach inspections. Palls are a Icaciing SoLu•ce of workplacc fatality and injury on construction sites', and reducing falls on stccp, wooded, unsteady or unsecure grouncl arcas through sUAS use foi- sitc imaging could save workers lives and prevent serious injuries. Due to the very early hours of worker arrival and relatively early how

- s of worker departure. the active project sites can be surveyed after work llours, but before sLuIsct. Additionally, sUAS could replace the usc of ltelicopters and sniall aircratt to monitor sites. The sUAS we proposc to [1y in this application are less than ten pounds, and carty no combustible material on board, as opposed to the nnicll largcr conventionally powered small aircralt. Shifting to sUAS from helicopters presents a markcd safety increase for our worlcers and the public. Lastly, sUAS reduce the environmental impact by dratnatically decreasing thc energy used 1'or aerial imaging and data collection over a project site. Our sUAS use rechargeable lithium ion batteries, as opposed to ('ossil fuels burned in operation of small aircraft that are many hundreds of times lieavier.

1 "Commonly Used Statistics", Occupational Safety & Health Administration. Available at: https://www.osha.p

,ov/oshstats/commonstats.html 1700 S. Winchester Blvd., #200, Campbell, CA 95008 1 P. 407.636.0900 1 F. 408.636.0999

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III. EQUIVALENT LLVEL OF SAF>C'I'Y Sandis proposes that the exemption rec7uested llerein apply to sLJnS that havc the characteristics and that operate witjl the linlitations jisted herein. Tjlcse linlitations providc for at least an cquivalent or even higller level of safety to operations under the culrent regujatory structurc bccause the jn•oposed operations represent a salcty cilhallcetllellt to tl1e already safe protocols followed on prq

~ ject sites and imaging and surveying operations conducted with ilclicopters and other convcntional aircraft. Sanclis wijl be bounci by the foljowing limitations wllen conducting its sUAS operations uncicr an FAA issued eYenlption: 1. The sUAS will be less tllan 10 pounds. 2. Fligllts will be operated within visual line of sigllt of a pilot. 3. Maximunl total 17ight tinle for eacll operational flight will be 30 minutcs. "Che UAS calculates battery rescrve in rcal tinle, anci Nvijl return to its ground station with at least 20% battery power reserve sllould that occur prior to the 30 nlinute linlit. 4. Plights will normally be operated at an altitude of 300 feet AGL, never excecding 400 feet AGL. 5. Any site within 5 nliles of an airport will not be flown without notitication and approval ol'tllc local FAA Fligllt Staticiarcls District UI'licc (FSDO) and airport controller. 6. Crew for eacll operation will consist ol'thc sUAS Pilot who will lceep the sUAS witllin his visual linc of

- sight at all titles. 7. The sUAS Pilot will be trained in t]ight, operations, and safety procedures as detailed in FAA bulletins and industry training prol;ranls. 'Che operator shall be a trained and expericnced drone pilot meetitlg the rules of'the FAA that eaist ot• nlay be modified at the tinle of the respective fliahts. 8. The sUAS will only operate w ithin a confinccl zone which will requirc the establishment of a"Security Perimetel'' for thc flight operations arca. 9.A brieiiulg will be conducted in rebard to the planned sUAS operations prior to each day's production activities. It will be nlandatory that all personnel who will be perfol'tllitlg dutles wltllln the boutldaries of'the safcty perinlcter be present for this briefing. 10. A11 orlsitc personnel will consent to the UAS flyover on site by waiver. and the operator wi ll obtain additional verbal or written coilsent of all persons w ho wilj be allowecl within 100 feet of the fliaht operation. 11. Pilot w ill have becn trained in operation of' UASs generally and receivecl up-to-date infornlation on the particular UAS to bc operated in aeeorclancc with then industry approved guidance and standarcis. 12. Written ancl/or oral permission fronl the relCvant pl'operty hOlders W111 be obtatned. 13. All required permissions and permits will be obtained from territorial, statc, county or city,jurtsdlctlot1s, ineluding local law enforcenlent, fire, or other appropriate governnlental al;encies.

1700 S. Winchester Blvd., f ~ 200, Carnpbell, CA 95008 1 P. 407.636.0900 I F. 408.636.0999

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14. Whcre requircd, tlicrc will be communication and scheduling ofthe flights with appropriate A"1'C personnel sufticicntly far in advanee to allow dcliberate and considered evaluatioii and implementation of the request. 15. If the sUAS loses communications or loscs its GPS signal, it will havc capability toenter "loiter mode" and hover, reestablish satcllite connection, and return to a predetermined location within the Security Perimeter and land.
IV. DESCRIPTION OF SPECIFIC REGULATIONS 14 FR 61.113 (z) &(b): Private pilot privileges and limitations: Pilot in comm.;nd Sections 61.113 (a) &(b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalcnt level of safcty of'currcnt operations by requiring the 1'ilot operating the aircraft to have (1) completed a sUAS flight training course of 50 hours before flying a sUAS and (2) a Sport Pilot cet•tificate. Thc FAA Ihas prcviously acknowledged in prior grants of exemption under Section 333 that a commercial pilot's certificate was not nccessary to operatc a sUAS, but that the FAA could not waive the requiremcnt for an FAA-issued pilot's license. A Sport Pilot certiCcate addresses the FAA's requirement that the Pilot in command liave the requisitc training aiid understanding of the National Airspace System, and also ensures that the Pilot is registered with the FAA and will not pose a risk to national security. The Sport Pilot certificate also does not require the I'ilot to undertake the additional cost and time of additional manned aviation flight time that the Private Pilot's license requires and wliich will not translate to skill or competency operating the sUAS. Unlike a convcntional aircraft that carries the pilot and passcngcrs, the sUAS isremotely controlled with no living thing or cargo on board. The sUAS to bc operatecl hercunder is less than 10 lbs. fully loadcd, carrics ncither a pilot nor passenger, carries no explosivc materials or flammable liquid fuels, and operates exclusively within a securecl area as set out in the Manual. Like other civil aircraft. operations under this cxcmpticm will be tiglitly controllcd and monitored by the operator, pursuant to the Manual's requircments, and under the requirements and in compliance witli local public safety requiremcnts, to provicle security for the area of operation as is cLn

- rcntly done on active sw•veyinl; and construction sites. Thc FAA will havc aclvance notice of'all operations that will be witilin the applicable ianges of airports, as specified by the FAA. The risks associated witli thc operation ol'the sUAS are thereforc diminishcd fi•om the level of risk associatcd witli coimnercial operations contemplated by Part 61 when drafted, and allowing operations of the sUAS as requested with a 1'ilot who has met thc miniinuin requircments stated in this application achieves the level of safety contemplated by 14 C.F.R. §61.113 (a) & (b).

1700 S. Winctiester Blvd., 4 1 200, Carrnpbell, CA 95008 

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, PLANNERS 14 C.F.R. 91.103: Pt-eflight Action "1'his regulation requires each pilot in command take certain actions before flight to enstu•e tlle safcty of flight. An excmption is needed fi-oni tlhis reduirement as the Pilot will take separate preflight actions, including checking for weather conditions, checking fligllt battcry requirements, checking takeoff and landing distances, and all other actions in industry guidelines and standarcis.

14 C.F. lt. 91.119: Minintum Sal'c Altitudes Section 91.119 establishes saf'c altitudes for operation of'eivil aircraft. Section 91.119 (cl) allows helicopters to be operated at less than the niinimums prescribcd, provided the person operating the helicoptcr coinplics witli any route or altitticicti prescribed for helicopters by the FAA. This exemption is for a multirotor craft tllat flies similarly to a lielicopter, \vith vertical takeoff and vertical landing, which will typically operate at altitudes of 300 AGL, so an exemption may be needccl to allo\v such operations. "I'hc sUAS will never operate at altitude higher than 400 AGL and will be in a restricted area with securityperinicter, wltere builciings anci people will not be exposecl to operations without their preobtained eonsent. The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location whcrc it is operated. No flight will br tal:cn witliout the permission of the properry owner or local officials. Because of the advance notice to the property owner and any onsite personnel. all aitected individuals will be aware of the planned tlight operations. Unlike flight operations with aircraft or i

- C)tot

- cralt \\'elghmg far more than the maxiinum 10 lbs. proposed herein, our sUAS will ilot carry flammable fuel. In addition, the low-altitude operations of`the sUAS will ensure separation between sUAS operations and the operations ol'conventional aircraft t11at must comply with Scction 91.119.

14 C.F.R. 91.121: Altimeter Settings "l'his regulation reduires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to thc clevation of the departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitucie read otit, an cxemption may be needed. An equivalent level of safety will be achievcd by the operator, ptn'suant to the Manual and Safety Clieck list, confirmitlg the altittide of the launch site sho\vn on the GPS altitude inclicator before flight.
14 CFR 91.151 (a): Fuel requirements for fliaht in VFR conditions Scction 91.151 (a) outlines litel rcquirements for beginning a fliglit in VFR eonditions. Our sUAS is limited to operations in sterile and controlled environments as outlined in the Manual, and ltas a limited range and flight tirne which reduire an excmption fi•om 14 CFR 91.151(a).

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"I'hc battery powering the sUAS provides approlimately 35 nlinutes of powercd fligllt. 'I'o mcct thc 30 minute reserve I'equlrement in 14 CFR §91.151, sUAS 17ights woulcl be limited to approaimately 5 minutes in length. Given the Iiinitations on the sUAS's proposed flight area and the locatl0I1 Of its proposed operations within a predetermined area, a longcr tinle fi•arlle for 17igilt in dayligllt or nigllt VFR conditions is reasonable. Sandis believes that an exemption fi'om 14 CFR §91.151(a) falls within the scope of prior exemptions. See EYCmption 10673 (allowing Lockheed Mai

- tin Corporation to operate witllout compliance with FAR 91.151 (a)). Operating the small sUAS, in a tightly controlled area wllere only people and property owners or official represcntatives who havc sil;ned \vaivers will be allowed, with less than 30 illinutes of rescrvc fuel, does not engenclei - thc type of risks that Section 91.151(a) was intended to alleviate given the size and speed oi' the sinall UAS. Additionally, limiting sUAS flights to 10 tnitlutes would greatly reduce the utility l

- or which the exenlption will be granted. An cquivalent level of safety can be achievcd by limiting flig llts to 30 n1lllutes , or enough battery rescrve to ensure that t11e sUAS lands at the gr OLlt1d station with at least 20% of battery power (as determined by the onboard monitoring systeill and the Pilot), whichever happ(:ns I I1 'st. This restriction would be nlorc t11an adequate to retur•n the sUAS to its planned IailCllilb Z011e f 1'oIi1 allywhel'e In lts lllillted Oper ating area. Sinlilar exenlptions havc been granted to other operations, including rxemptions 2689C', 5745, 10673, and 10808.

14 CIZR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (ti) &(b): M;iintcnancc inspections "I'hese regulatiorls require that an aircraft operator or owner "sllall have that aircralZ inspected as prescribed in subpart F of this part and sllall betwecn requireci inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribcd in part 43 ol'tllis chapter...." and otllers shall inspcct or nlaintain the aircraft in coinpliance witll 1'art 43. Given tllat these sections and Part 43 apply only to aircraft witll an airwortlliness certificate, these sections will not apply to Sandis. Maintcnance will be accomplishcd by the operator pursuant to the flight manual and operating handbook. An equivalent lcvel of safety will be achieved becausc thesc small sUAS arc very linlited in size and will carry a snlall payload and operate only in restricted areas for linlited periods of tirlle. Il'mec}lanical issues arisc the sUAS can land inlmediateiy and will be operating from no higher than 400 feet AGL. As provided in the Manual, the Pilot will ensure that the sUAS is in working order prior to initiating fligllt, perform required maintenance, anci kecp a log of any illaintcnance perfonlled. Morcover. the Pilot is the person most familiar with the aircralt and best suited tn Inaliltaln tlle illl'cl'alt nl ai1 alrw orthy cotldition to provide the equivalent level of safety.

1700 S. Winchester 61vd., 14200, Campbell, CA 95008 1 P. 407.636.0900 1 F. 408.636.0999© CIVIL ENGINEERS SURVEYORS 

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PLANNERS
V. SUMMARY Pursuant to 14 C.F.R. Part 11, the following siunllllary is provided for publication in the Federal Register. should it be deternlined that publication is needed: Applicant secks an exenlption from the f'ollowing rules: 14 C.F.R. §21, subpart I-I; 14 C.r.R 45.23(b);14 C.P.R. §§ 61.113( a) &(b);91.7 (a); 919 (b) (2);91.103(b);91.109; 91.1 19; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) &(b) to operate conlnie

► - cially a small unmanncd vehicle (551bs or less) in construction operations. Approval of exemptions allowino commercial operations of sUAS in the areal pllotograp}ly, surveying and construction industry enhances safety while reducing risk. Malined aircraft nionitoritig and surveying creates a greater risk because the craft arc nlucll larger, have conlbustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 10 lbs. and powered bv batteries eliminates virtually all of that risk given the reduced niass atld lack ol'conibustible litcl carricd on board. T'he sUAS will carry no passcngers or crew and, therefore, will not expose tlicnl to the risks associated with manned aircraft flights. '1'lic operation of snlall sUAS, weigIling less than 10 lbs., conducted in the strict conclitions outlined above, will provlde an equlvillCnt ICveI nf safety supporting the grant of the exeillptlons reqllested hereitl, including exenlpting the applicant froni the requirenlents ol'l'art 21 and allowing commercial operations. '1'hese liglltwcight aircratt operate at slow speeds, close to fihe grouzid, and in a sterile environment anci, as a result, are far safer than convcntional operations conducted with turbine hclicoptcrs operating in close lx•oximity to the ground and people.

V1. PRIVACY All f7ights will occur over private or controlled access property with the property owner's priol -consent and knowledge. Inlages taken will be of individuals who have also conscntcd to beitlg filllied or otlierwise have agreed to be in the area where aerial photography will takc place. Satisfactlon of'tlle criteria ln•ovidcd in Section 333 of the Reform Act of 2012--size, welgllt, speed, operating capabilitics, cOIltl

- olled Operatlnb eI1vII

- ollIilellt alld operatlotl wlthn l visual line of sight and national security — providc more than adequate justification for the grant of the rcquested exemptions allowing commercial operation of applicant's sLJAS in the acrial photography, survcying and construction inshcc;tion and monitoring inclustry.

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# © SANDIS CIVIL ENGINEERS SURVEYORS PLANNERS 

### Sincercly,

Ken Olcott, P.E. President / LEED AP / QSD/P

1700 S. Winchester Blvd., #200, Campbell, CA 95008 

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### 1 F. 408.636.0999