December 7, 2016

Exemption No. 11338B Regulatory Docket No. FAA

- 201 5

- 0021

Mr. Charles Zollinger R.W. Zollinger Consulting Engineers, Inc. 213 Springer Drive Moon Township , PA 15108

Dear Mr. Zollinger :

This letter is to inform you that we are amending your exemption that authorizes unmanned aircraft operations under Section 333

. 1 It explains the basis for our decision , describes its effect, and lists the revised C onditions and L imitations

.

The Federal Aviation Administration (FAA) has determined that good cause exists for not publishing a summary of the petition in the Federal Register because th is amendment to the exemption would not set a precedent, and any delay in acting on this pe tition would be detrimental to the petitioner

. T he unmanned aircraft authorized in the original grant are comparable in type, size, weight, speed

, and operating capabilities to those in this petition

.

Additionally, the FAA has finalized the first operational rules for routine commercial use of small unmanned aircraft systems (sUAS) ( p art 107, Operation and Certification of Small Unmanned Aircraft Systems). The new rule, which went into effect August 29, 2016, offers

saf ety regulations for sUAS weighing less than 55 pounds that are conducting non

- hobbyist operations. The vast majority of operati ons authorized under previously issued exemptions

under Section 333 have been addressed by p art 107 ; n ow that p art 107 is in effe ct, these operations do not necessitate an exemption.

However, your Section 333 exemption remains valid until it expires. You may continue to fly following the C onditions and L imitations in your exemption and under the terms of a

Certificate of Waiver or Authorization (COA) . If your operation can be conducted under the requirements in p art 107, you may elect to operate under p art 107 ; h owever, if you wish to

1 This amendment will address all pending amendment requests for aircraft on the List of Approved Unmanned

Aircraft Systems (UAS) under Section 333 at regulatory docket FAA

– 2007

– 3330 at www.regulations.gov . For requests for aircraft not on the List of Approved Unmanned Aircraft Systems or changes to Conditions and Limitations, we will handle accordingly, once posted to the docket.2

operate under p art 107, you must obtain a remote pilot certificate and follow the operating

rules of p art 107. For more information, please visit: http://www.faa.gov/uas/

.

Airworthiness Certification

In accordance with the statu tory 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 limited operating area associated with the aircraft and its operation, the Secretary of Transportation

has de termined that the aircraft identified by the petitioner meets the conditions of

Section 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 14 CFR part 36, is not necessary.

The petitioner proposed to use UAS that have previously been approved by the Secretary of Transportation under Section 333 of the FAA Modernization and Reform Act of 2012. UAS that have been previously approved by the Secretary, including the aircraft proposed by the petitioner, are found on the List of Approved Unmanned Aircraft Systems (UAS) under

Section 333. The list, which will be updated periodically , is po sted at www.regulations.gov

under docket number FAA

– 2007

– 3330. The petitioner is also authorized to operate any UAS on that list, when weighing less than 55 pounds including payload while this exemption is

valid.

The Basis for Our Decision

The FAA has previously issued a grant of exemption for relief from §§ 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) of Title 14, Code of Federal Regulations (14 CFR). Tha t exemption allows the op erator to operate UAS to perform aerial data collection.

T he FAA has revised the C onditions and L imitations issued in exemptions authorizing unmanned aircraft operations under S ection 333 since the petitioner’s previous grant of exemption to those found in Exemption No. 15005 to Thomas R. Guilmette ( see Docket No.

FAA

- 2015

- 5829). Also in Exemption Nos. 13465A to Kansas State University ( see Docket

No. FAA

- 2014

- 1088), 11433A to Cape Productions ( see Docket No. FAA

- 2015

- 0223), 11213 to Aeryon Labs, Inc. ( see Docket No. FAA

- 2014

- 0642), 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), the FAA found that the enhanced safety achieved using a sUAS with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew and flammable fuel, gives the FAA good cause to find that the UAS operation

enabl ed by this exemption is in the public interest.3

Our Decision

The FAA has modified the Conditions and Limitations to address aircraft, training, tethered operations, aircraft registration, and flight operations near persons, vessels, vehicles, and structures. Additionally, i n previous exemptions, the FAA limited UAS operations to outside 5 nautical miles of an airpor t 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 symbol as denoted on the current FAA

- published aeronautical chart unless a letter of agreement (LOA) w ith that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The FAA has removed that condition. In order to maintain safety in the vicinity of airports in Class B, C, or D airspace, the petitioner must apply to the Air Traffic Organization (ATO) for a new or amended COA.

The FAA has determined that the justification for the issuance of Exemption No. 11338 A remains valid and is in the public interest. Therefore, under the authority contained

in 49 U.S.C. 106( f), 40113, and 44701, delegated to me by the Administrator, the operator is granted an amendment to its 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 conduct UAS operations . This exemption is subject to the C onditions and L imitations listed

below. 2

The operator shall add this amendment to all previously

- issued exemption (s)

. Without the original exemption and all subsequent amendments , this amendment is not valid.

Conditions and Limitations

In this grant of exemption, R.W. Zollinger Consulting Engineers, Inc. is hereafter referred to as the operator.

The C onditions and L imitations within Grant of Exemption No. 11338 A have been superseded, and are amended as follows.

Failure to comply with any of the C onditions and L imitations of this grant of exemption wil l be grounds for the immediate suspension or rescission of this exemption.

1. The operator is authorized by this grant of exemption to use any aircraft identified on the List of Approved Unmanned Aircraft Systems (UAS) under Section 333 at regulatory docket FAA

– 2007

– 3330 at www.regulations.gov, when weighing less than

2 In this exemption, UAS operations are restricted to a erial data collection , which 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 (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA. For the purposes of this exemption, previously

- issu ed exemptions for “closed

- set filming and television production” are considered

“aerial data collection” under this definition.4

55 pounds including payload. Proposed operations of any aircraft not on the list currently posted to the above docket will require a new peti tion or a petition to amend this exemption.

2. If operations under this exemption involve the use of foreign civil aircraft 3 the operator would need to obtain a Foreign Aircraft Permit pursuant to 14 CFR § 375.41 before conducting any commercial air operati ons under this authority. Application instructions are specified in 14 CFR §375.43. Applications should be submitted by electronic mail to the DOT Office of International Aviation, Foreign Air Carrier Licensing Division. Additional information can be obt ained via https://cms.dot.gov/policy/aviation

- policy/licensing/foreign

- carriers

.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The operator 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 airspeed 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. This limitation is in addition to any altitude restrictions that may be included in the applicable COA.

5. Air Traffic Organiza tion (ATO) Certificate of Waiver or Authorization (COA). All operations must be conducted in accordance with an ATO

- issued COA. The exemption holder must apply for a new or amended COA if it intends to conduct operations that cannot be conducted under th e terms of the enclosed COA.

6. The Pilot in Command ( PIC ) must have the capability to maintain visual line of sight (VLOS) at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on that individual’s FAA

- issued

airman medical certificate or valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal Government, to see

the UA.

7. All operations must utilize a visual observer (VO). The UA must be operated within

the visual l ine of sight (VLOS) of the VO at all times. The VO must use human vision unaided by any device other than corrective lenses to see the UA. The VO, the person manipulating the flight controls of the small UAS, and the PIC must be able to

communicate verbal ly at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that

3 Foreign civil aircraft means (a) an aircraft of foreign registry that is not part of the armed forces of a foreign nation, or (b) a U.S.

- registered aircraft owned, controlled or operated by persons who are not citizens or permanent residents of the United States. 14 CFR §375.1.5

the VO can perfor m the duties required of the VO. Students receiving instruction or observing an operation as part of their instruction may not serve as visual observers.

8. This exemption , the List of Approved Unmanned Aircraft Systems (UAS) under Section 333 at regulatory docket FAA

- 2007

- 3330 at www.regulations.gov

, all previous grant (s) of exemption, and all documents needed to operate the UAS and conduct its operations in accordance with the C onditions and L imitations stated in this 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 C onditions and

L imitations i n this exemption, the applicable ATO

- issued COA, and the procedures outlined in the operating documents, the most restrictive conditions, limitations, or procedures apply and must be followed. The operator may update or revise its operating documents as n ecessary. The operator is responsible for tracking revisions and presenting updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this 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 exemption. The FAA’s UAS Integration Office may be contacted if questions arise regarding updates or revisions to the operating documents.

9. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical com ponent, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and essential flight personnel only and must remain at least 500 feet from all othe r people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

10. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

11. 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

in spection 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.

12. The operator must follow the U AS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.6

13. PIC certification: Under this grant of exe mption, a PIC must hold either a n 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 Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot

certificate.

14. PIC qualifications: The PIC must demonstrate the ability to safely operate the UAS in a manner consistent with how it will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles

, and structures before conducting student training operations. Flights for the pilot’s own training, proficiency, or experience

- building under this exemption may be conducted under this exemption. PIC qualification flight hours and currency may b e logged in a manner consistent with 14 CFR § 61.51(b),

however

, UAS pilots must not log this time in the same columns or categories as time accrued during manned flight. UAS flight time must not be recorded as part of total

time.

15. Training: The operat or may conduct training operations when the trainer/instructor is qualified as a PIC under this exemption and designated as PIC for the entire duration of the flight operation. Students/trainees are considered direct participants in the flight operation w hen manipulating the flight controls of a small UAS and are not required to hold any airman certificate. The student/trainees may be the manipulators of the controls; however, the PIC must directly supervise their conduct and the PIC must also

have suffic ient override capability to immediately take direct control of the small UAS and safely abort the operation if necessary, including taking any action necessary to ensure safety of other aircraft as well as persons and property on the ground in the

event of unsafe maneuvers and/or emergencies for example landing in an empty area away from people and property.

16. Under all situations, the PIC is responsible for the safety of the operation. The PIC is also responsible for meeting all applicable C onditions and L imitations as prescribed in this exemption and ATO

- issued COA, and operating in accordance with the operating documents. All training operations must be conducted during dedicated training sessions and may or may not be for compensation or hire. The op eration must be

conducted with a dedicated VO who has no collateral duties and is not the PIC during the flight. The VO must maintain visual sight of the aircraft at all times during flight operations without distraction in accordance with the C onditions and L imitations below. Furthermore, the PIC must operate the UA not closer than 500 feet to any nonparticipating person without exception.

17. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be cond ucted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.7

18. 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 PIC.

19. 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 1 mile. This req uirement for pennants or streamers is not applicable when operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting of

the structure.

20. For UAS operations where GPS signal is neces sary to safely operate the UA, the PIC must immediately recover/land the UA upon loss of GPS signal.

21. If the PIC loses command or control link with the UA, the UA must follow a pre

determined route to either reestablish link or immediately recover or land

.

22. The PIC must abort the flight operation if unpredicted circumstances or emergencies that could potentially degrade the safety of persons or property arise. The PIC must terminate flight operations without causing undue hazard to persons or property in the air or on the ground.

23. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

24. All aircraft operated in accordance with this exemption must be registered in accordance with 14 CFR part 47 or 48, and have identification markings in accordance with 14 CFR pa rt 45, Subpart C or part 48.

25. Documents used by 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 PIC at the Ground Control Station of the UAS any time the a ircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

26. The UA must remain clear of and give way to all manned aircraft at all times.

27. The UAS may not be operated by the PIC from any moving device or vehicle.

28. All flight operations must be conducted at least 500 feet from all persons, vessels, vehicles, and structures unless when operating:

a. Over or near people directly participating in the operation of the UAS. People directly parti cipating in the operation of the UAS include the student8

manipulating the controls, PIC, VO, and other consenting personnel that are directly participating in the safe operation of the UA.

b. Near but not over people directly participating in the intended pur pose of the UAS operation. People directly participating in the intended purpose of the

UAS ( includ ing students in a class not manipulating the controls of the UAS ), who must be briefed on the potential risks and acknowledge and consent to those risks. Op erators must notify the local Flight Standards District Office (FSDO) with a plan of activities at least 72 hours prior to flight operations.

c. Near nonparticipating persons: Except as provided in subsections (a) and (b) of this section, a UA may only be operated closer than 500 feet to a person when barriers or structures are present that sufficiently protect that person from

the UA and/or debris or hazardous materials such a s fuel or chemicals in the event of an accident. Under these conditions, the operator must ensure that the person remains under such protection for the duration of the operation. If a situation arises where the person leaves such protection and is within 5 00 feet of the UA, flight operations must cease immediately in a manner that does not cause undue hazard to persons.

d. Near vessels, vehicles, and structures . Prior to conducting operations the operator must obtain permission from a person with the legal au thority over any vessels, vehicles or structures that will be within 500 feet of the UA during operations. The PIC must make a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

29. Al l operations shall be conducted over private or controlled

- access property with permission from a person with legal authority to grant access. Permission will be obtained for each flight to be conducted.

30. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) in accordance with its UAS accident reporting requirements.

For operations conducted closer than 500 feet to people directly participating in the intended purpose of the operation, not protected by barriers, the following additional conditions and

limitation s apply:

31. The operator must have an operations manual that contains at least the following items, although it is not restricted to these items.

a. Operator name, address, and telephone number.

b. Distribution and Revision. Procedures for revising and distributin g the operations manual to ensure that it is kept current. Revisions must comply with the applicable

C onditions and L imitations in this exemption.

c. Persons Authorized. Specify criteria for designating individuals as directly participating in the safe opera tion of the UAS. The operations manual must include9

procedures to ensure that all operations are conducted at distances from persons in

accordance with the C onditions and L imitations of the exemption.

d. Plan of Activities. The operations manual must include procedures for the submission of a written plan of activities.

e. Permission to Operate. The operations manual shall specify requirements and procedures that the operator will use to obtain permission to operate over property or near vessels, vehicles, and st ructures in accordance with this exemption.

f. Security. The manual must specify the method of security that will be used to ensure the safety of nonparticipating persons. This should also include procedures that will be used to stop activities when unauthori zed persons, vehicles, or aircraft enter the operations area, or for any other reason, in the interest of safety.

g. Briefing of persons directly participating in the intended operation. Procedures must be included to brief personnel and participating persons on the risks involved, emergency procedures, and safeguards to be followed during the operation.

h. Personnel directly participating in the safe operation of the UAS Minimum Requirements. In accordance with this exemption, the operator must specify the

mini mum requirements for all f light personnel in the operating manual. The PIC at a minimum will be required to meet the certification standards specified in this exemption.

i. Communications. The operations manual must contain procedures to provide

communication s capability with participants during the operation. The operator can use oral, visual, or radio communications as along as the participants are apprised of the current status of the operation. j. Accident Notification. The operations manual must contain proc edures for notification and reporting of accidents in accordance with this exemption.

In accordance with this exemption, the operating manual and all other operating

documents must be accessible to the PIC during UAS operations.

32. At least 72 hours prior t o operations, the operator must submit a written Plan of

Activities to the local FSDO having jurisdiction over the proposed operating area.

The Plan of Activities must include at least the following:

a. Dates and times for all flights. For seasonal or long

- term operations, this can include the beginning and end dates of the timeframe, the approximate frequency (e.g. daily, every weekend, etc.), and what times of the day operations will occur. A new plan of activities must be submitted prior to each sea son or period of operations.

b. Name and phone number of the on

- site person responsible for the operation.

c. Make, model, and serial or FAA registration number of each UAS to be used.

d. Name and certificate number of each UAS PIC involved in the operations.

e. A sta tement that the operator has obtained permission from property owners. Upon request, the operator will make available a list of those who gave permission.

f. Signature of exemption holder or representative stating the plan is accurate.10

g. A description of the f light activity, including maps or diagrams of the area over which operations will be conducted and the altitudes essential to accomplish the operation.

Unless otherwise specified in this 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, 48, 61, and 91.

This exemption terminates on April 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

Enclosure