April22, 2015 

-- 6:acH~ELLER p GROUP 

6200 Vogel Road, Evansville, Indiana 47715 • 812.479.6200 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room W12-140 1200 New Jersey Ave., SE 

Washington, DC 20590 

Electronically Submitted via www.regulations.gov 

Regarding: The Loch mueller Group, Inc. Petition for Exemption pursuant To Section 333 of the FAA 

Modernization Reform Act of Z012 (FMRA) includes 14 CFR 45.23(b); 14 CFR 45.29; 14 

CFR Part 21 subpart H; 14 CFR, 61.113(a)&(b); 61.133; 91.7(a); 91.9(b) (2); 91.103(b); 

91.109(a); 91.119; 91.121; 91.151(a); 91.203(a)(1); 91.405(a); 91.407(a) (1); 

91.409(a)(1)&(2); 91.417(a)&(b) 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 

C.F.R. as noted above, Lochmueller Group, Inc. ("Petitioner") hereby submits this petition for exemption 

to authorize civil operations of small Unmanned Aircraft Systems ("sUAS") for the commercial use 

purposes of aerial surveying, aerial mapping, construction aerial inspection, environmental wetland 

mitigation monitoring, remote sensing, wildlife monitoring and civil engineering aerial imagery for project 

archival within private properties and public properties owned by State or Local governments within the 

Continental United States. As a full-service civil engineering firm, Lochmueller Group, Inc., proposes to 

directly operate sUAS for commercial operation by employees and contractors as a value added benefit 

for civil engineering related projects. 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the FAA Modernization and Reform Act of 2012 (the "Reform Act"). This law directs the 

Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely 

in the National Airspace System 9NAS) before completion of the rulemaking required under Section 333 

of the Reform Act. In making this determination, the Secretary of Transportation is required to 

determine which types of sUAS's do not create a hazard to users of the NAS or the public or pose a 

threat to national security in respect to the sUAS's size, weight, operational capability, speed, operation 

in close proximity to airports and populated areas and operation within visual line of sight of the 

pilot/operator. 

This petition is, in most regards, similar to granted exemptions No. 11062, 11109, 11112 and 11213 both 

in operational approach (closer than 500') and equipment being utilized (DJI Phantom 2). 
U.S. Department of Transportation 

Docket Operations 

Petition for Exemption 

April 22, 2015 

The Applicant name and address is: 

Lochmueller Group Inc. 

Attn: Sean L. Suttles 

sUAS Project Manager 

6200 Vogel Road 

Evansville, Indiana 47715 

Phone: (812)-479-6200 

Fax: (812) 479-6262 

Email: ssuttles@lochgroup.com 

The following appendices are included in this document for reference purposes: 

Appendix A: 

Appendix B: 

Appendix C: 

Appendix D: 

DJI Phantom 2 Vision+ Pilot Training Guide vl.l 

DJI Phantom 2 Vision+ User Manual vl.8 

DJI Smart Flight Battery Safety Guidelines 

Lochmueller Group sUAS Flight Manual 

SMALL UNMANNED AIRCRAFT SYSTEM (sUAS) 

Page 3 

We are petitioning for exemption to permit Lochmueller Group, Inc. to operate a DJI Phantom 2 Vision+ 

(sUAS) equipped with a high definition camera attached to a three-axis gimbal mount. The Phantom 2 

Vision + is a multi-rotorcraft (quadcopter) equipped with an onboard NAZA computer stabilization 

controller with integrated GPS navigation weighing less than 55 pounds and flying at speeds of less than 

87 knots. The Phantom 2 Vision + has the built in capability which limits the height it flies above the 

ground and the distances from which it travels from the operator as well as prohibiting the sUAS from 

flying in Class B, C and D airspace including defined "no fly zones" such as within 5 miles of an airport or 

within 25 miles of Washington D.C. The Phantom 2 Vision+ features a safety system whereby if the sUAS 

either loses direct communication with the pilot/operator or it flies beyond a preset distance from the 

pilot/operator, a "return to home" command is triggered directing the sUAS to return to its originating 

takeoff location, preventing the sUAS from flying out of control from the pilot/operator. 

sUAS OPERATING REQUIREMENTS 

Lochmueller Group, Inc. proposes to operate a DJI Phantom 2 Vision + (sUAS) with the following 

parameters and restrictions. 

1. sUAS maximum operating weight will be less than four (4) pounds. 

2. All sUAS flights will be conducted with a pilot/operator and observer and will always be flown with 

the sUAS in a direct visual line of sight of the pilot/operator. 

3. Pilot/operator will hold a current private, recreational or sport pilot certificate along with either 

a current FAA third class 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. 
U.S. Department of Transportation 

Docket Operations 

Petition for Exemption 

April 22, 2015 

Page 4 

4. The sUAS will operate at speeds of no more than 50 knots, can hover and can simultaneously 

move vertically and horizontally. 

5. The sUAS will be programmed to fly no more than 400 feet above ground level (AGL). 

6. All sUAS flights will be limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight 

hours. 

7. All sUAS flights must not interfere with manned aircraft operations, must yield the right of way to 

manned aircraft and the pilot/operator must see & avoid other aircraft and obstacles at all times. 

8. All sUAS flight will be of a time duration of 30 minutes or less. 

9. All sUAS flights will be conducted over private or controlled-access property with the permission 

from the property owner/controller or authorized representative. 

10. All sUAS flights within 5 miles of an airport will require a letter of agreement with the airport's 

management or otherwise permitted by a certificate of authorization (COA) issued to the 

exemption holder. 

11. Prior to each sUAS flight, the pilot/operator must conduct a pre-flight inspection to determine if 

the sUAS is in a condition for safe flight. 

12. Each sUAS operated under this exemption will comply with all manufacturer safety bulletins. 

13. The PIC must abort the sUAS flight in the event of unpredicted obstacles or emergencies. 

14. All sUAS incidents or accidents will be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web Site: www.ntsb.gov. 

GLOSSARY OF ABBREVIATIONS 

AGL 

COA 

CFR 

FAA 

FAR 

NAS 

NTSB 

PIC 

Above Ground Level 

Certificate of Authorization 

Code of Federal Regulations 

Federal Aviation Administration 

Federal Aviation Regulation 

National Airspace System 

National Transportation Safety Board 

Pilot in Command 

Section 333 

sUAS 

VFR 

VMC 

FAA Modernization and Reform Act of 2012, Section 333 

Small Unmanned Aircraft Systems 

Visual Flight Rules 

Visual Meteorological Conditions 

THE PETITIONER REQUESTS RELIEF FROM THE FOLLOWING REGULATIONS: 

14 CFR Part 21 

14 CFR 45.23(b) 

14 CFR 45.29 
U.S. Department of Transportation 

Docket Operations 

Petition for Exemption 

April22, 2015 

14 CFR 61.113(a) & (b) 

14 CFR 61.133 

14 CFR 91.7(a) 

14 CFR 91.9(b)(2) 

14 CFR 91.103(b) 

14 CFR 91.109(a) 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151(a) 

14 CFR 91.203(a) & (b) 

14 CFR 91.405(a) 

14 CFR 91.407(a)(1) 

14 CFR 91.409(a) (1) & (2) 

14 CFR 91.417(a) & (b) 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Page 5 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the 

Act, including sUAS's, from its safety regulations and minimum standards whenever the Administrator 

decides a requested exemption is in the public interest. 

Lochmueller Group, Inc. requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the sUAS System: 

14 CFR Part 21, Subpart H, Airworthiness Certificates 14 CFR §91.203 (a) (1) 

Establishes the procedural requirements for the issuance of an airworthiness certificates as required by 

FAR §91.203 (a) (1). The size, weight and restricted operational capabilities of the Phantom 2 Vision + 

permits exemption from Part 21 because it meets and exceeds an equivalent level of safety pursuant to 

Section 333 of the Reform Act. 

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational 

requirements. Combined with the sUAS's light weight, being constructed primarily of carbon fiber and 

plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally certificated 

aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for 

this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an 

airworthiness certificate in general, citing the equivalent level of safety outlined in the previous 

paragraph. 

The sUAS to be operated (Phantom 2 Vision+) is less than 55 lbs. fully loaded, is by definition unmanned 

and carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a limited flight area. Unlike other civil aircraft, operations under this 

exemption will be tightly controlled and monitored by the Operator and will also remain within the 

requirements of, and in compliance with, local public safety requirements. These safety enhancements, 
U.S. Department of Transportation 

Docket Operations 

Petition for Exemption 

April 22, 2015 

Page 6 

which already apply to civil aircraft provide a greater degree of safety to the public and property owners 

than conventional operations conducted with airworthiness certificates issued under 14 CFR Part 21, 

Subpart H. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters 

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The Phantom 2 Vision + 

(sUAS) does not have an entrance in which the word "EXPERIMENTAL" can be placed and we propose to 

achieve an equivalent level of safety by including the identification (N -Number) on the fuselage of the 

sUAS in markings made as large as practicable. 

14 CFR §91.103 Preflight Action 

These regulations require the pilot in command (PIC) to become familiar with specific information before 

each flight, including information contained in the FAA approved Flight Manual on board the aircraft. An 

exemption is requested to the extent that an FAA approved Flight Manual is required. We propose to 

achieve an equivalent level of safety by providing the PIC with a copy of the Lochmueller Group sUAS 

Flight Manual and the Manufacturer's Manuals, which will be kept at the ground control station and will 

be accessible to the PIC at all times while sUAS flight operations are underway. The PIC, following the 

Loch mueller Group sUAS Flight Manual, will perform a series of checklists in accordance with said manual 

including Pre-flight, Launch and Post Landing. The PIC will also be required review other items such as 

weather conditions, battery charge, flight requirements and contingency landing sites prior to each sUAS 

flight. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial 

pilot privileges and limitations. 

This regulation provides that no person that holds a Sport, Recreational or 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 connection with any business or employment if: (1) The flight is only 

incidental to that business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. Lochmueller Group's proposed sUAS operations require that the PIC must hold at 

least a Sport Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, 

Lochmueller Group feels that it meets the intent of 61.113 Subparagraph (b) even though the intent of 

this application is to conduct a business. 

14 CFR §91.7 Civil Aircraft Airworthiness Certificate. This regulation prohibits the operation of an aircraft 

without an airworthiness certificate. Lochmueller Group seeks an exemption from 14 CFR §91.7 which 

requires that a civil aircraft be in airworthy condition to operate. 

14 CFR §91.9(b)(2) Civil aircraft flight manual in the aircraft and 14 CFR §91.203(a) and (b) carrying civil 

aircraft certification and registration 

The first 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. 
U.S. Department of Transportation 

Docket Operations 

Petition for Exemption 

April 22, 2015 

Page 7 

The second regulation states that no person may operate a civil aircraft unless it has within it an 

appropriate airworthiness certificate displayed at the cabin or cockpit entrance so that it is legible to crew 

or passengers. Since the sUAS is small in size and doesn't have a cockpit or cabin and cannot carry a pilot 

or passengers, Lochmueller group seeks an exemption to the abovementioned regulations. In obtain an 

equivalent level of safety and meet the intent of abovementioned regulations Lochmueller Group 

proposes that a current, approved sUAS Flight Manual be available to the crew at the ground station 

anytime the aircraft is in, or preparing for flight. 

14 CFR §91.109(a) Flight Instruction 

This regulation states 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 sUAS is a 

remotely piloted aircraft and by design does not have functional dual controls. An equivalent level of 

safety can be achieved by having the instructor (PIC) and the student pilot at the ground control station 

side by side with both of them having access to the single set of flight controls for flight instruction 

activities. 

14 CFR §91.119 Minimum safe altitudes 

This regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. Lochmueller Group feels that an exemption is required 

because the proposed sUAS flight operations must occur below 400' AGL and during certain aspects of 

the sUAS flight envelope, the PIC and observer will be closer than 500' to the sUAS. An equivalent ievel 

of safety can be achieved given the weight, size and speed of the sUAS and given the fact that the sUAS 

will be only operated in a controlled environment. 

14CFR §91.121 Altimeter settings 

This regulation requires that a person operating an aircraft to maintain cruising altitude or flight level by 

reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. 

Lochmueller Group requests an exemption from this regulation since the sUAS does not have a barometric 

altimeter but rather relies on a GPS altitude read out. An equivalent level of safety can be achieved by 

the following: (1) operating the sUAS at altitudes of less than 400' AGL, (2) operating the sUAS within 

visual line of sight at all times, (3) utilizing the real time GPS altitude read out on the control display at the 

ground based control station and (4) obtaining a "zero" ground altitude calibration at the beginning of 

each sUAS flight to confirm the accuracy of the on board GPS system. 

14 CFR §91.151(a) Fuel requirements for flight in VFR conditions. 

This regulation states that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. 

The sUAS is battery operated and the maximum duration of flight from a single battery charge is 

approximately 18 minutes with a 25% reserve. The FAA has stated that an equivalent level of safety can 

be achieved by requiring that each UAS operation be completed within 30 minutes of flight time or with 

25% battery power remaining, whichever occurs first. Loch mueller Group requests an exemption to this 

regulation and proposes to limit the sUAS flights to a duration of less than 20 minutes or 25% battery 

power whichever occurs first. 
U.S. Department of Transportation 

Docket Operations 

Petition for Exemption 

April 22, 2015 

Page 8 

Similar FAA exemptions have been recently approved for other sUAS operations including exemptions 

10673, 11062 thru 11067, 1080 and 11369. 

14 CFR Subpart E §91.40S(a), §91.407(a)(l), §91.409(a) (1) and (2), §91.417(a) and (b) Maintenance & 

Inspections 

Lochmueller Group seeks an exemption from the maintenance inspection requirements contained in 14 

CFR Subpart E §91.40S(a), §91.407(a)(1), §91.409(a) (1) and (2), §91.417(a) and (b). These regulations 

specify certain maintenance and inspections standards referenced in 14 CFR Part 43. The exemption is 

requested because the abovementioned regulations only apply to aircraft with an airworthiness 

certificate for which the proposed sUAS would not have. An equivalent level of safety will be achieved by 

performing maintenance and inspections in accordance to the manufacturer's manuals and safety 

bulletins. Lochmueller Group plans to have the PIC perform safety inspection on the sUAS before every 

flight and after every two hours of flight time. Maintenance items to be performed by the PIC shall include 

replacing propellers, landing gear, camera/gimbals, checking electrical connections, battery inspection 

and software/firmware updates. All other maintenance duties shall be performed by either the sUAS 

manufacturer or their designated repair facility. A record of all maintenance activities performed on the 

sUAS will be documented in a maintenance logbook in accordance with §91.417. 

CONCLUSION 

Lochmueller Group seeks this exemption in the belief that allowing commercial use of the sUAS will 

provide a greater economic benefit and safety factor in obtaining aerial mapping and surveying data in 

comparison to using a manned aircraft to collect the same data. Since the sUAS is battery powered and 

not dependent on combustible fuel, flies with no people on board and operates at lower altitudes, it will 

greatly reduce the risk levels and enhance safety and diminish the likelihood of death or serious injury 

when compared to using conventional manned aircraft for the same aerial mapping and survey data 

collection missions. 

::r:~.~ Sean L. Suttles 

sUAS Project Manager 

Lochmueller Group, Inc.