# ~ Graniterock .

The Honorable Michael P. Huerta Offi ce of the Admini strator Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Dec ember 11, 2015 Kevin Jeffery Vice President
Gr anite Rock Company

350 Technology Drive Watsonv ill e , CA 95076-2488 Te l (408) 644-0307

The Honorable Anthony R. Foxx Offi ce of the Secretary US Department of Trans portation 1200 New J ersey Ave. , SE Washington , D C 20590

RE: Granite Rock Company sUAS Petition for Exemption Pursuant to FMRA Sec 333 and 14 CFR Part 11 Dea r Administrator H uerta: Granite Rock Company h ereby p etitions the FAA for regulatory relief pursuant to Section 333 of P .L. 112

- 95 and 14 C.F.R. Sec. 11.81 to conduct commercia l flight s using the 3DR X8 + , DJI Ph antom 3 Professional , and Graniterock Hexarotor Model 1 sUAS for the following applicat ions:

• Aerial Survey • Aerial Inspection • Aerial Videograph y and Photograph y • Aerial Mapp in g Gra.niterock, the r efore, seeks a r equest for exemption from airworthiness and t he following specific Titl e 14 C.F.R. provisions:

• 14 C.F.R. P art 21 • 14 C.F.R. 45 .2 3 • 14 C.F . R. 61.113(a) (b) • 14 C.F.R. 61.133( a) • 1 4 C.F.R. 91.7(a) • 14 C.F.R. 91.9

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• 14 C.F.R. 91.109(a) • 14 C.F.R. 91.119 • 14 C.F.R. 91.121 • 14 C.F.R. 91.151(a) • 14 C.F.R. 9 1.20 3 • 14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) (b) The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in th is petition, specifically Exempt ions No . 12910 to KOA Corporation Inc, 12 8 17 to ArizonaFPV LLC, and 12786 Satstellar LLC; and we therefore r equest that our petition be granted without delay . Additional simil ar exemptions include (survey and mapping) No. 12803, 12792 , 12790, and 12696, (inspection) No. 11846 , 11808 , 11835 , 11799, 11676, 11648 , 11508 , 11469 , 11451, 11286, 11258, 11275 , and 11109 , and (videography) No. 11843 , 11845, 11848 , 11850 , 11820, 11822 , 11 825, 11 826, 11829 , and 11 833. Graniterock has also provided s u pport in g documentation to in clud e; a General Operations Manu al (Graniterock Manual ' ) which is composed of (1) an operations manual, (2) flight manuals for each of the Graniterock models; (3) an Op erator Training Manual, and ( 4) a Maintenance and Inspection ManuaL Please note that a ll the Graniterock Manual (including all of t he above listed components) are cl ea rl y marked "Confidentia l" on each page and contain confid ent ial commerci al and proprietary information that Graniterock has not and will not share with others who are not subject to a "Nondisclosure Agreement" (NDA) . Therefore , the Graniterock Manual (including all components) are not avai lab le to the public and contain operating conditions, procedures and other information that are protected from public release or disclosure under the Freedom of Information Act 5 USC Sec. 552 et seq. 

### 1 Company Description This sect ion responds to the specific requirements of 14 CFR Sec 11.81. Gran ite Rock Company (Gran iterock) is an industry-leading prov ider of materials and products to the construction industry and offers engineering and building services for large- scale civi l projects . Graniterock be lieves there is ampl e opportunity to benefit from the use of UAS tec hn ology throughout its port folio , from survey ing quarry stockp il es to t rackin g the progr ess of constru ct ion projects . 

### 1.1 Contact information and Mailing address. Consultant Contact Information for Petition Petition POC: Andrew McCollough, Ph.D. E mail : exemption @ skyward.io

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### Petitioner (Graniterock) Contact Information ATTN: Bruce Wallace Granite Rock Company 350 Technology Drive Watsonville, CA 95076-2488 Email: bwallace@graniterock . com 

### 2 Relevant Statutory Authority 3

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the P.L. 112

- 95 , the FAA Modernization and Reform Act ( ' Reform Act'). This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before comp let ion 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 UAS's size, weight , speed, and operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of s ight of the operator . 1 Lastly, if the Secretary determines that such vehicles "may operate safely in the national a irspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system . " 2 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 tmder §40101 of the Act , that in cludes sUASs, from the requirement that all civil air craft must have a CtuTent airworthiness cert ifi cate. 

### 3 Qualification for Approval Under Section 333 of the Reform Act The proposed operations in th is petition for exempt ion qualif y for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other potentially relevant factors are satisfied. The requested exemption wou l d permit Graniterock to p erform commercia l operations under controlled condit ions in airspace that is 1) limited 2) predetermined 3) restricted , limited, or contr oll ed as to access and 4) wo uld provide sa f ety enhancements to the already safe operations in these industries present l y using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation ' s (the FAA Adminis trator's) responsibili

ties to "establish requirements for the safe operation of such aircraft systems in the national airspace system. " Secti on 333(c) of the Reform Act. 1 Public Law 112

- 95 , 'FAA Modernization a.nd Reform Act' Se c tion 333 (a) 2 Id. §333(c) .

Doc ID: 38c4c15f7f9e8e9a581 b790a58c5cedc895297 484 Each Graniterock sUAS weighs 55 lb. or less including pay load. Each Graniterock sUAS operates under normal conditions at a speed of no more than 87 knots. Generally Graniterock sUAS operations will be below an alti tude of 400 ft. AGL, within specific access-restricted areas, either within C lass G airspace or with the permission of the ATC, using sUAS operated by Graniterock

-qualified sUAS pilots, and within the visual line of sight of the operator and observer. Such op erations will insure that the sUAS will "not create a hazard to users of the National A irspace System or the public " as per the FMRA 2012 Sect i on 333 . Given the size of the sUAS and the operating environment, this petition for exemption meets an equivalent level of safety, in which Congress envisioned that the FAA must, by exemption allow commercial operations of UASs to commence immediately. Also due to the size and environment , approval of the app l ication presents no nationa l security issue. Considering the clea r d i rection in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations , and the significant public benefit described herein, the grant of the requested exemptions is also in th e public interest. 

### 4 Granite rock D es cription of Propos e d Op e ration s Grani terock operations will provide a level of safety that is equivalent to current aviation standards. Graniterock safety procedures, risk assessments, and flight operat ions standards are described in detail in the accompanying Graniterock Manual. In brief, the following procedures that apply during operations conducted under this exemption request , establish an equivalent level of safety (EL OS) as follows: 1. The sUAS will weigh less than 55 lb. 2. Flights will be operated within line of sight of a pil ot and/ or observer. 3. Flights wi ll occur during daylight hours. 4. Flights will occur during Visual F l ight Ru les Meteoro logical Cond i tions (VMC). 5. Flights will generally be operated at an altitude of no more than 400 feet AGL and within Class G airspace. Operations in controlled B , C, or D a irspace will be conducted in coordination with the proper FSDO and ATC with prior permiss i on. 6. Flights will be termi nated at 25% battery power reserve shou ld that occur duri ng the operation. 7. All Graniterock sUAS will be U . S. registered and displ ay marks either in accordance with 14 C.F.R. Part 45, Subpart C or approved alternative markings. 8. Operations will be conducted in defined reg i ons and over property authorized for this use by the landowner. All operations will remai n within the geographic boundaries of the operating a1·ea . Most operations may be conducted within the limitations of the blanket COA authorization provided with 333 grants as of 3 / 23 / 2015. 9. 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.

Do c I D: 3 8c4 c1 5f7f9e8e9 a581 b790 a58 c5 c e dc8952 9 7 4 85 10. The operator will obtain the consent of all persons involved and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety determination. 11. A briefing will be conducted in regard to the planned sUAS operations prior to each day ' s activities . It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 12. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and/ or the Camera Operator. 13. Operations without a Visual Observer (sUAS Pilot only) may occasionally be conducted subject to additional and specific aircraft equipment , operator competency, and flight restrictions (maximum distance from the sUAS Pilot , maximum altitude , and maximum speed) as defined in the Graniterock Operations Manual. 14. sUAS operations under this exemption will be conducted under the supervision of a designated pilot in command (PIC) who has final responsibility for the operation and in accordance with 14 C.F.R. 91.3. All sUAS operators must have completed training on the normal, abnormal, and emergency procedmes in the Graniterock Manual and demonstrated proficiency with the sUAS being operated. The PIC will meet at le ast the minimum FAA sUAS regulations for licensure. Graniterock requests that the alternative minimum PIC qualification proposed in Graniterock manual is approved by the FAA. Otherwise, Graniterock PICs must possess at least a sport pilot certificate and hold a valid U.S. driver ' s license. 15. sUAS Pilot \vill be Pilot in Command (PIC). 

### If a pilot certificate holder other than the sUAS Pilot , who possess the necessary PIC qualifications , is also present (i.e. the Visual Observer) , that person can also be designated as the PIC. 16. Observer and pilot will at all times be abl e to maintain verbal communication , either directly or through electronic means. 17. Operators and engineers will maintain the sUAS system in a condition for safe operation according to the Graniterock Manual and associated manufacturer's maintenance manuals, including pre-flight and post-flight in spections . 18. The PIC and observers will maintain situational awareness and perceive, process, and perform risk management prior to and during each operation as described in the Graniterock Manual. The PIC will terminate the operation in accordance with the Graniterock Manual if hazards that cannot be acceptably mitigated are observed. 19. sUAS will safely stop operating and either return home or auto-l and at a safe location along the flight path if the control link is lost. 20. For each sUAS, the PIC will have the ability to force a controlled landing at any time. In addition to the above, Graniterock has implemented a Safety Management System. The Graniterock Safety Manager is responsible for conducting safety audits , investigations , and inspections

Doc ID: 38c4c15f7f9e8e9a581 b790a58c5cedc895297 486 and is authorized to stop or prohibit any activity or operations which is considered unsafe. Full details are avail abl e in the Graniterock Manual. 

### 5 Regulations From Which Exemption is Requested 6 Public Interest Graniterock beli eves that the enhanced safety achi eved using a sUAS with the specifications described in this pet it ion and supporting documents and by carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operations enabled by this exemption are in the public interest. 

### 7 Privacy All flights will occur over private , limited, or restricted-access areas with the property owner's prior consent and knowledge. O perat i ons will be conducted by trained crew and all other individuals will either be a part of the operation or consent to be present at the time of operations. 

### 8 F e deral R eg ist e r Summary Pursuant to 14 C . F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed : Appl icant seeks an exemption from the following rules: 14 C.F.R. §21 , subpart H ; 14 C.F.R 45.23(b);14 C.F.R. §§61.113( a) & (b), 61.133(a); 9 1. 7 (a); 91.9 (b) (2); 91.109; 91.119; 91.12 1 ; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 9 1. 409 (a) (2) and 91.417 (a) & (b) to operate s UAS for commercial use.

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### 9 Conclusion Graniterock seeks this exemption to conduct commercial operations using s UAS within restricted

access areas in the NAS . Without this exemption, sUAS innovation will be suppressed, the public economic benefits derived from in creased sUAS development will be d eni ed , an d the Congressional directive to accelerate the integ r at ion of UAS into the NAS will be imp ed ed. T he sUAS physical and operat ional characteristics are compli ant with t ho se described in the FMRA and FAA's guidance for Sec 333 exemptions . Graniterock respectfully requests that the FAA grant its petition for exemption from airworthin ess. Pl ease do n ot h es itate to co nt act Andrew McCollough, the Regulatory Services POC , vi a ema il at exemption @s kyward.io if yo u have any question s or concerns. Very Respectfully Yours ,

# K..~in 

# Teffer1 Kev in Jeffery Vice President

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