### April22, 2015 

# -- **6:acH~ELLER** p GROUP

6200 Vogel Road, Evansville, Indiana 47715 • 812.479.6200



### U

.S

. Department ofTransportation Docket Operations West Building Ground Floor, Room W12-140 1200 NewJersey Ave., SE Washington, DC 20590
Electronically Submitted via www.regulations

.gov
Regarding: The Lochmueller Group, Inc. Petition for Exemption pursuantTo Section 333 ofthe FAA Modernization Reform Act ofZ012 (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 ofthe 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 monitoringand civil engineeringaerial imageryfor 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 avalue added benefit for civil engineering related projects.

This exemption application is expressly submitted tofulfill Congress' goal in passing Section 333(a) through (c) ofthe FAA Modernization and Reform Act of2012 (the "Reform Act"). This law directsthe Secretary ofTransportation to considerwhether certain unmanned aircraft systems may operate safely in the National Airspace System 9NAS) before completion ofthe rulemaking required under Section 333 ofthe Reform Act. In makingthis determination, the Secretary ofTransportation is required to determinewhich types ofsUAS's do not create a hazard to users ofthe NAS orthe public or pose a threatto national security in respect tothe sUAS's size, weight, operational capability, speed, operation in close proximityto airports and populated areas and operation within visual line ofsight ofthe pilot/operator.

This petition is, in most regards, similarto granted exemptions No. 11062, 11109, 11112 and 11213 both in operational approach (closerthan 500') and equipment being utilized (DJI Phantom 2).U.S. Department ofTransportation 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 documentfor reference purposes: 

### Appendix A: AppendixB: Appendix C: AppendixD: DJI Phantom 2 Vision+PilotTraining Guide vl.l DJI Phantom 2Vision+UserManual vl.8 DJI Smart FlightBattery Safety Guidelines LochmuellerGroup sUAS FlightManual

SMALL UNMANNED AIRCRAFT SYSTEM (sUAS) Page 3

We are petitioningfor 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 controllerwith 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, Cand Dairspace including defined "no fly zones" such as within 5 miles ofan airport or within 25 miles ofWashington D.C. The Phantom 2Vision+features asafetysystem whereby ifthe 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 takeofflocation, preventingthe sUAS from flying out ofcontrol 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 flightswill be conducted with a pilot/operatorand observerand will always be flown with the sUAS in a directvisual line ofsight ofthe 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 avalid U.S. driver's license issued by a state, the District ofColumbia, Puerto Rico, aterritory, a possession orthe Federal government.

### U.S. Department ofTransportation 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
movevertically and horizontally. 5. The sUAS will be programmed to fly no morethan 400 feet above ground level (AGL). 6. All sUAS flights will be limitedtoVisual Flight Rules Meteorological Conditions (VMC) and daylight hours. 7

. All sUAS flights must not interfere with manned aircraftoperations, mustyield the right ofwayto manned aircraftand the pilot/operator must see & 

### avoid otheraircraft and obstacles at all times

. 8. All sUAS flight will be ofatime duration of30 minutes or less. 9. All sUAS flights will be conducted over private or controlled-access propertywith the permission from the propertyowner/controllerorauthorized 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 acondition for safe flight. 12. Each sUAS operated underthis exemption will comply with all manufacturersafety bulletins. 13. The PIC must abortthe sUAS flight in the event of unpredicted obstacles oremergencies. 

### 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 ofAuthorization Code of Federal Regulations Federal Aviation Administration Federal Aviation Regulation National Airspace System NationalTransportation Safety Board Pilot in Command Section 333 sUAS VFR VMC FAA Modernization and Reform Act of2012, 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 45.29U.S. DepartmentofTransportation Docket Operations Petition for Exemption April22, 2015

14 CFR 61.113(a) 

### & (b) 14 CFR 61.133 14CFR 91.7(a) 14 CFR 91.9(b)(2) 14CFR 91.103(b) 14 CFR 91.109(a) 14 CFR 91.119 14CFR 91.121 14CFR 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 wheneverthe Administrator decides a requested exemption is in the public interest.

Lochmueller Group, Inc

. requests an exemptionfromthefollowing regulations as wellas any additional regulations that maytechnically applytothe operation ofthe sUAS System:

14CFR Part 21, Subpart H, Airworthiness Certificates 14CFR §91.203 (a) (1) Establishes the procedural requirements forthe issuance ofan airworthiness certificates as required by FAR §91.203 (a) (1). The size, weight and restricted operational capabilities ofthe Phantom 2 Vision + permits exemption from Part 21 because it meets and exceeds an equivalent level ofsafety pursuantto Section 333 ofthe Reform Act.

The aircraftwill not carry persons or property, will notcarryfuel, and will onlyfly understrict 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. Ifan 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 2Vision+) 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 ofTransportation Docket Operations Petition for Exemption April 22, 2015 Page 6

which already apply to civil aircraft provide agreater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 CFR Part 21, Subpart H.

14CFR 45.23 Display of marks; general and 45.29Size 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 ofthe sUAS in markings made as large as practicable.

14CFR §91.103 Preflight Action 

### These regulations require the pilot in command (PIC) to become familiarwith 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 atthe ground control station and will be accessible to the PIC at all times while sUAS flight operations are underway. The PIC, following the LochmuellerGroup sUAS Flight Manual, will perform aseries ofchecklists 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 landingsites priorto each sUAS flight.

14CFR 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 aSport, Recreational or Private Pilot certificate may act
as pilot in Command ofan aircraftforcompensation or hire. Subparagraph (b) allows aprivate pilottoact
as pilot in command ofan aircraft in connection with any business oremployment if: (1) The flight is only incidental tothat business oremployment; and (2) The aircraft does not carry passengers or propertyfor compensation or hire. Lochmueller Group's proposed sUAS operations require thatthe PIC must hold at least aSport Pilot Certificate issued bythe FAA and since the aircraftcannot 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.

14CFR §91.7 Civil AircraftAirworthiness Certificate. 

### This regulation prohibitstheoperation ofan aircraft without an airworthiness certificate. Lochmueller Group seeks an exemption from 14 CFR §91.7 which requires that acivil aircraft be in airworthycondition to operate.

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

### The first regulation providesthat no person may operate an aircraft unless acurrent, FAA-approved flight manual, approved manual material, markings and placards or any combination thereof is in the aircraft.U.S. DepartmentofTransportation 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 atthe cabin orcockpitentranceso that itis legibleto crew
or passengers. Since thesUAS is small in size and doesn't have acockpit orcabin 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 anytimethe aircraft is in, or preparing forflight.

14CFR §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 forflight instruction unless that aircraft has fullyfunctioning 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 atthe ground control station side by side with both ofthem having access tothe single set offlightcontrols forflight instruction activities.

14CFR §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 ofsafety can be achieved given the weight, size and speed ofthe sUAS and given the fact thatthe 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 orflight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. LochmuellerGroup requests an exemptionfromthis regulation sincethesUAS does not have abarometric altimeter but rather relies on a GPS altitude read out. An equivalent level ofsafety can be achieved by the following: (1) operating the sUAS at altitudes of less than 400' AGL, (2) operating the sUAS within visual line ofsight at all times, (3) utilizingthe real time GPS altitude read outon the control display atthe ground based control station and (4) obtaining a "zero" ground altitude calibration at the beginning of each sUAS flight to confirm the accuracy ofthe onboard GPS system.

14CFR §91.151(a) Fuel requirementsforflight 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 toflytothefirst pointofintended landing and tofly afterthatforat 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 ofsafety can be achieved by requiring that each UAS operation be completed within 30 minutes offlight time orwith 25% battery power remaining, whichever occurs first

. LochmuellerGroup requests an exemption to this regulation and proposes to limit the sUAS flights to a duration of less than 20 minutes or 25% battery powerwhichever occurs first.U.S. Department ofTransportation Docket Operations Petition for Exemption April 22, 2015 Page 8

Similar FAA exemptions have been recently approved for othersUAS operations including exemptions 10673, 11062thru 11067, 1080 and 11369.

14CFR 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 forwhich the proposed sUAS would not have. An equivalent level ofsafetywill 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 aftereverytwo hoursofflighttime. Maintenance itemsto be performed bythe 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 manufacturerortheir designated repair facility. A record ofall 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 loweraltitudes, itwill 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:~.~ SeanL. Suttles sUAS ProjectManager LochmuellerGroup, Inc.