HuRT, DECKARD& MAYPLLC 

William C. Hurt, Jr. 

William H. May, III * 

Michael D. Kalinyak 

www.hdmfirm.com 

THE EQUUS BUILDING 

127 WEST MAIN STREET 

LEXINGTON, KENTUCKY 40507 

Telephone- (859) 254-0000 

Facsimile- (859) 254-4763 

May4, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Matthew R. Malone 

Aaron D. Reedy 

**James L Deckard 

Jacob K. Michul 

*Also licensed in Indiana 

**Also licensed in Tennessee 

Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 

·of the Federal Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 ofthe FAA 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 B is a summary of this request. 

This exemption seeks to cover use of the following airframes, all of which will 

weigh less than 12 pounds including payload and energy sources: 

1. 3D Robotics X8 

u. 3D Robotics Aero 

iii. 3D Robotics Y6 

iv. Other models to be added by future amendment to this exemption. 

The objective of Evolmagery'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, specifically targeting: 

• Volumetric analysis of mining stockpiles 

• Topographic Mapping 

• Precision agriculture services 

• Construction planning & inspection 

Hurt, Deckard & May, PLLC 
HURT, DECKARD & MAY PLLC 

Page- 2-

• Environmental analysis and consulting (e.g. erosion monitoring, aerial 

habitat assessments, stream restoration) 

• Archaeological/cultural resource services 

Evolmagery's Mission Statement and Description of Services 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 of the cost. These savings result in enhanced efficiency and 

productivity for 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 of the 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 in advance. 

Evolmagery respectfully submits that because the small, unmanned aerial 

vehicles will be used in lieu of comparatively 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 of safety. Approval of 

this exemption would thereby enhance safety and fulfill the Secretary of Transportation's 

(the FAA Administrator's) responsibilities under Section 333(c) of the Reform Act to 

"establish requirements for the safe operation of such aircraft systems in the national 

airspace system." 

The name and address of the applicant are: 

Evolmagery, LLC 

Attn: JesseR. Robinson 

P.O. Box 54954 

Lexington, KY 40555 

Phone: (859) 263-4142 

Email: jesse@evoimagery.com 
HURT, DECKARD & MAY PLLC 

Page- 3-

The regulations from which the 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 of safety, 

and are in the public interest. 

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 

Evoimagery submits that grant of this exemption application for use of its sUAS's in 

aerial photogrammetry and surveying will advance the Congressional mandate in 

Section 333 of the Reform Act to accelerate the introduction of UASs into the national 

airspace system ("NAS") if it can be accomplished safely. This law directs the Secretary 

of Transportation to consider whether certain UASs may operate safely in the NAS 

before completion of the rulemaking required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required to determine which types of UASs 

do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following: 

~ The VAS's size, weight, speed, and operational capability; 

~ Operation of the UAS in close proximity to airports and populated areas; 

~ Operation of the UAS within visual line of sight of the 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 of such aircraft in the 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 is 
HURT, DECKARD & MAY PLLC 

Page/ 4 / 

defined under §40 1 01 of the Act, that includes s U AS'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) of this section or any of 

sections 44702-44716 of this title if the Administrator finds the exemption 

is in the public interest. 

The grant of the requested exemption is in the public interest based on the clear direction 

in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding the proposed operations; and 

the significant public 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. 

Mandatory Operating Conditions 

Grant of the exemption to Evolmagery will be subject to the following mandatory 

conditions, which are based upon operating conditions set forth for operation of UAS by 

public entities pursuant to Certificates of Authorization, with additional restrictions: 

~ The UASs will weigh less than 12lbs. 

~ Flights will be operated within line of sight of a pilot 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 be operated at an altitude of no more than 400 feet AGL 

~ Minimum crew for each operation will consist of the 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 of the safety 

perimeter are required to attend. 

~ For flights over 200 feet AGL, the operator will file a FAA Form 7711-1, or 
Page- 5-

HURT, DECKARD & MAY PLLC 

its equivalent, as modified in light of the requested exemption, with the 

appropriate Flight Standards District Office ("FSDO"). 

~ The operator will file a NOT AM 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 of the 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 of the FSDO, operations at 

closer range can be 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 communicate by voice 

~ Operations to be conducted over private or controlled-access property 

~ Permission from land owner/controller required before commencing any flight 

~ The aircraft will not be operated over urban or populated areas 

~ The aircraft will not be operated over heavily trafficked roads 

~ The aircraft will not be operated within 5 NM of an airport without 

preauthorization from the airport and the filing of any required NOT AM. 

~ Operations to occur during Visual Flight Rules Meteorological Conditions 

(VMC) 

~ Operations to occur during 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 

~ If the 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 or emergencies. 

In summary, applicant seeks an exemption from the F ARs 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 of the exemption allowing commercial operations of the Evolmagery sUAS's 

for photogrammetry and precision surveying work will enhance safety by reducing risk. 

Conventional aerial survey operations, using jet or piston-powered aircraft present risks 
HURT, DECKARD & MAY PLLC 

associated with vehicles that weigh in the neighborhood of 5,000 to 7,000 lbs, carry large 

quantities of fuel, 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 of that risk given the reduced 

mass and lack of combustible fuel carried on board. 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 of the 

exemptions requested herein, including exempting Evolmagery from the requirements 

of Part 21. 

The Evolmagery sUASs' satisfaction of the criteria set forth in Section 333 of the 

Reform Act-size, weight, speed, operating capabilities, lack of proximity to airports 

and populated areas, operation within visual line of sight, and national security-and its 

showing of an equivalent level of safety 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 

commercial photogrammetry and surveying business. 

Evolmagery is prepared to modify or amend any part of this request to satisfy the need 

for an equivalent level of safety. We look forward to working with your office. Please 

contact us at any time if you require additional information or clarification. 
HURT, DECKARD & MAY PLLC 

Page -7-

APPENDICES TABLE OF CONTENTS 

Appendix A. Exemption request and equivalent level of safety showings under 

applicable rules subject to exemption 

Appendix B. Summary of Request 

Appendix C. Evolmagery Mission 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 Safety Manual