# HuRT,DECKARD&MAYPLLC

WilliamC. Hurt,Jr. WilliamH. May, III * MichaelD. Kalinyak

www.hdmfirm.com THEEQUUSBUILDING 127WESTMAIN STREET LEXINGTON, KENTUCKY40507 Telephone- (859) 254-0000 Facsimile- (859) 254-4763
May4, 2015 U.S. Department ofTransportation, Docket Operations West Building Ground Floor, RoomW12-140 1200 New Jersey Ave., SE Washington, DC 20590 MatthewR. Malone Aaron D. Reedy **James L Deckard Jacob K. Michul
*AlsolicensedinIndiana **Alsolicensedin Tennessee

Re: Exemption Request Under Section 333 oftheFAA Reform Act and Part 11 ·ofthe Federal AviationRegulations Dear SirorMadam: Pursuant to Section 333 oftheFAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Evolmagery, LLC ("Evolmagery") hereby applies for an exemption from the Federal Aviation Regulations ("FARs") listed below and discussed in Appendix A to allow commercial operational of its sUASs for the purposes of aerial photography, filming, photogrammetry, surveying, agricultural modeling, crop monitoring, aerial mapping and environmental studies. Attached as Appendix Bis a summaryofthis request. This exemption seeks to cover use ofthe following airframes, all ofwhich will weigh less than 12 pounds includingpayload and energy sources:

1. 3D Robotics X8 u. 3D Robotics Aero iii. 3D Robotics Y6 iv. Othermodels to be added byfuture amendment to this exemption. The objective ofEvolmagery's aerial photogrammetry and surveying operations is to provide high quality 3D imaging, mapping and spatial analysis for a variety of commercial, public, and residential uses, specificallytargeting:

• Volumetric analysis ofmining stockpiles • Topographic Mapping • Precision agriculture services • Constructionplanning & inspection

Hurt, Deckard & May, PLLCHURT,DECKARD

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• Environmental analysis and consulting (e.g. erosion monitoring, aerial habitat assessments, streamrestoration) • Archaeological/cultural resource services Evolmagery's Mission Statement and Description ofServices is attached as Appendix C. With the landowner's permission, Evolmagery uses onboard cameras to capture high quality digital images that are mosaicked into detailed, digital customized maps of a surveyed area. Use of the sUAS's for aerial surveys reduces the need to operate conventional aircraft for the same purpose and provides very high quality imagery and spatial analysis at a fraction ofthe cost. These savings result in enhanced efficiency and productivityfor the affected activities, as well as environmental benefits. Operations under the exemption will be subject to strict operating requirements and conditions to ensure at least an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333. All operations shall be conducted in compliance with the attached operator's manuals and Flight Operations & Procedures Manual (Appendix D). Equipment Specs and Owner's Manuals are collectively attached as Appendix E. As described herein, the requested exemption would authorize commercial operations ofthe sUAS's which are small in size (less than 12 lbs). The sUASs will be operated under controlled conditions at low altitude in airspace that is limited in scope, as described more fully herein; they will have automated control features, as described below. The sUAS's also will be operated by an individual who is a FAA licensed airman with at least a private pilot's certificate and third class medical. Finally, the airspace in which the sUAS will operate will be disclosed to the FAA inadvance. Evolmagery respectfully submits that because the small, unmanned aerial vehicles will be used in lieu ofcomparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence that the operations will achieve at least an equivalent level or greater level ofsafety. Approval of this exemption would thereby enhance safety and fulfill the SecretaryofTransportation's (the FAA Administrator's) responsibilities under Section 333(c) ofthe Reform Act to "establish requirements for the safe operation of such aircraft systems in the national airspace system." The name and address ofthe applicant are: Evolmagery, LLC Attn: JesseR. Robinson P.O. Box 54954 Lexington, KY 40555 Phone: (859) 263-4142 Email:jesse@evoimagery.comHURT,DECKARD

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Theregulations from whichthe exemption is requested are as follows: 14 C.F.R. Part 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(a); 14 C.F.R. 91.119; 14 CFR 91.121 14 C.F.R. 91.151(a) & (b) 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(l); 14 C.F.R. 91.409(a)(l) & (2) 14 C.F.R. 91.417(a) & (b) Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this letter are appropriate, provide an equivalent level ofsafety, and are in thepublic interest.
THE APPLICABLE LEGAL STANDARD UNDERSECTION333 Evoimagery submits that grant ofthis exemption application for use ofits sUAS's in aerial photogrammetry and surveying will advance the Congressional mandate in Section 333 ofthe Reform Act to accelerate the introduction ofUASs into the national airspace system ("NAS") ifit canbeaccomplished safely. This law directs the Secretary of Transportation to consider whether certain UASs may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretaryis required to determine which types ofUASs do not create a hazard to users ofthe NAS or the public or pose a threat to national security in light ofthe following:

**~** TheVAS's size, weight, speed, and operational capability;

**~** Operation oftheUAS incloseproximityto airports and populated areas;

**~** Operation ofthe UAS within visual line ofsight ofthe operator. Reform Act § 333(a)(1). If the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft inthe national airspace system." !d. §333(c). 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 isHURT,DECKARD

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defined under §401 01 of the Act, that includes sUAS's, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service: The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section or any of sections 44702-44716 ofthis title ifthe Administrator finds the exemption is in thepublic interest. The grant ofthe requested exemption is in the public interest based on the clear direction in Section 333 ofthe Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations; and the significantpublic benefit, including enhanced safety and cost savings associated with transitioning to UASs for aerial photogrammetry and surveying. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay. MandatoryOperatingConditions Grant of the exemption to Evolmagery will be subject to the following mandatory conditions, which are based upon operating conditions set forth for operation ofUAS by public entities pursuant to Certificates ofAuthorization, with additional restrictions:**~** The UASs will weigh less than 12lbs.**~** Flights will beoperated within line ofsight ofapilot and/or observer.**~** Maximum total flight time for each operational flight will be 12 minutes for multirotor operations and 32 minutes for fixed wing operations. Flights will be terminated at 20% battery power reserve should that occur prior to the 12 minute limit for multirotor operations or the 32 minute limit for fixed wing operations.**~** Flights will beoperated at an altitude ofno morethan 400 feet AGL**~** Minimum crew for each operation will consist ofthe UAS Pilot and Visual Observer.**~** The UAS pilot will be a FAA licensed airman with at least a private pilot's certificate and third class medical.**~** The UAS will only operate within a confined "Sterile Area" as defined in the FOPM. The FOPM requires the establishment of a "Security Perimeter" for the flight operations area.**~** A briefing will be conducted for planned sUAS operations prior to each day's flight(s). All personnel performing duties within the boundaries ofthe safety perimeter are required to attend.**~** For flights over 200 feet AGL, the operator will file a FAA Form 7711-1, orPage- 5- HURT,DECKARD

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its equivalent, as modified in light of the requested exemption, with the appropriate Flight Standards District Office ("FSDO").

**~** The operator will file a NOTAM to the FSDO at least 24 hours prior to each flight.

**~** The operator will obtain consent of all persons involved in any photographing/filming and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation. This radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required under the FOPM. With the advanced permission ofthe FSDO, operations at closerrange canbe approved.

**~** The Pilot and observer must be trained in UAS operations and have received current information on the particular UAS to be operated as required by the FOPM.

**~** The observer and pilot will at all times be able to communicatebyvoice

**~** Operations to be conducted overprivateorcontrolled-access property

**~** Permission from land owner/controllerrequiredbefore commencing anyflight

**~** The aircraft will notbe operated overurban orpopulated areas

**~** The aircraft will notbe operated overheavilytrafficked roads

**~** The aircraft will not be operated within 5 NM of an airport without preauthorization from the airport and thefiling ofanyrequiredNOTAM.

**~** Operations to occur during Visual Flight Rules Meteorological Conditions (VMC)

**~** Operations to occurduring daylight hours

**~** All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies

**~** Ifthe UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a pre-determined location within the Security Perimeter and land.

**~** The UAS will have the capability to abort a flight in case of unpredicted obstacles oremergencies. In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A to allow commercial operations of a small unmanned vehicle conducting aerial photography, filming, photogrammetry, surveying, agricultural modeling, crop monitoring, aerial mapping and environmental studies. Approval ofthe exemption allowing commercial operations ofthe Evolmagery sUAS's for photogrammetry and precision surveying work will enhance safety byreducing risk. Conventional aerial survey operations, usingjet or piston-powered aircraft present risksHURT,DECKARD

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associated with vehicles that weigh inthe neighborhood of5,000 to 7,000 lbs, carrylarge quantities offuel, passengers, and, in some cases, cargo. Such aircraft must fly to and from the survey location. In contrast, Evolmagery sUAS's weigh less than 12lbs. and are powered by batteries that eliminate a significant portion ofthat risk given the reduced mass and lack ofcombustible fuel carried onboard. The Evolmagery sUAS's are carried to the project location, not flown there. The Evolmagery sUAS's will carry no passengers or crew and, therefore, will not expose any individuals to the risks associated with manned aircraft flights. Additionally, no national security issue is raised by the grant of the requested exemptions. Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives or other dangerous materials, the Evolmagery sUASs poses no threat to national security. The operation of the Evolmagery sUAS's, weighing less than 12 lbs. for photogrammetry and precision surveying in accordance with the strict conditions outlined above, will provide an equivalent level of safety supporting the grant ofthe exemptions requested herein, including exempting Evolmagery from the requirements ofPart 21. The Evolmagery sUASs' satisfaction of the criteria set forth in Section 333 of the Reform Act-size, weight, speed, operating capabilities, lack ofproximity to airports and populated areas, operation within visual line ofsight, and national security-andits showing ofan equivalent level ofsafety as it may relate to the requirement for a pilot's license, provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of the Evolmagery sUAS's in the commercialphotogrammetry and surveyingbusiness. Evolmagery is prepared to modify or amend any part ofthis request to satisfy the need for an equivalent level ofsafety. We look forward to working with your office. Please contactus at anytime ifyourequire additional information or clarification.HURT,DECKARD

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APPENDICES TABLE OF CONTENTS

Appendix A. Exemptionrequest and equivalentlevel ofsafety showingsunder applicablerules subjectto exemption Appendix B. SummaryofRequest Appendix C. EvolmageryMission Statement Appendix D. Flight Operations and Procedures Manual Appendix E. sUAS Operation Manuals 1. Technical Specification Summary 2. 3D Robotics X8 Manual 3. 3D Robotics X8 Checklist 4. 3D Robotics Aero Manual 5. 3D Robotics Aero Checklist 6. 3D Robotics Y6 Manual 7. 3D Robotics SafetyManual