Kaufman Engineering, Inc.

1444 E Lackawanna Av e Olyphant PA, 18447 cdrzewiecki@kaufmaneng.net

FAA Docket Management Facility U.S. Department of Transportation 1200 New Jersey Avenue, SE We st Building, Ground Floor, Room W1 2

- 140 Wa shington, DC 20590

Dear Si r or Madam , Kaufman Engineering, Inc. is submitting this P etition for Exemption for Unmanned Ai rcraft Systems operations (S ection 333 of the FAA Modernization and Reform Ac t)
. Chad Drzewiecki is both an FAA certificated P rivate pilot (Certificate Number 3724383) and a UA S enthusiast with hundreds of recreational flight hours on various UA S Systems
. Chad is employed by Kaufman Engineering, I nc., a mining engineering firm with interests of serving its clients with aerial surveys through the use of UA

S. Chad is an active participant in approved FAA training classes for recognized educational hours through the FAA, and EAA with whom he is a member. Kaufman Engineering takes the skills and education for safe operation of UA S very seriously. Kaufman Engin eering, Inc.’s request is for a waiver of the sections identified below in an effort to operate a UA S for commercial applications comprised primarily of conducting topographic surveys of surface mining operations. Kaufman Engineering believes this exemptio n would serve both the public and economic interests through more frequent and cost effective surveying.**Introduction**

Kaufman Engineering , Inc. believes we are eligible for the above stated exemption because of our extremely professional methodology and understanding of not only UA S systems, but other aeronautical operations. Aswith any aerial operation, we recognize the inherent danger associated with UA S systems, and our potential future operations would be conducted with safety as our primary goal. Our pilot ( Chad Drzewiecki), has an understanding of operational and restricted airspace, aviation related weather, typical traffic patterns and altitudes of b oth commercial and General Av iation aircraft ( both en

- route and typical approach pat terns nearing both towered and pilot controlled airports). Because of the licensure associated with flying GA aircraft, Mr. Drzewiecki’s understanding of these operations a dds another level of safety in operating a UA S system. We believe that continual education of both civil/commercial aeronautical operations and UA S system operations are key to a safe and effective UA S operation. Through formal F AA sponsored classes and o perational experience, Kaufman Engineering , I nc. believes that not only our, but all UA S systems have the opportunity to reach a higher level of safety and operational efficiency. I t is our hope that safety protocols for commercial use of UA S can be develo ped as efficiently as possible. Through granting this exemption, we feel that our future operational experience could help play a role in developing a safer flight experience for all UA S users.
**Authority for Exemptions** The Federal Av iation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including UA Ss, from the requirement that all civil aircraft must have a current airworthiness certifi cate. The Ad mi nistrator may grant an exemption from a requirement of a regulation prescribed under subsection (a ) or (b) of this section or any sections §44702

-44716 of this title if the Ad mi nistrator finds the exemption in the public interest. 49 USC §44701( f). See also 49 USC §44711( a); 49 USC §44704; 14 CFR 91.203( a)( 1). Section 333( b) of the Reform Ac t assists the Secretary in determining whether UA Ss may operate in the national airspace system without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider:

 The UA

S' size, weight, speed and operational capability;

 Wh ether the UA

S operates within the visual line of sight of the operator;

 Wh ether the UA

S operates outside o f highly populated areas and away from close proximity to airports. Reform Ac t 333( a). If the Secretary determines that a UAS "m ay operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such ai rcraft in the national airspace system." I d. 333( c)
.The DJI Phantom Vision 2+ is a multi

- rotor aircraft weighing less than three pounds, including payload. I t has

the ability to operate under normal conditions at a spee d of no more than 30 knots and has the capability to hover and move in the vertical and horizontal plane simultaneously. The UA S will operate only in the pilot's or visual observer's visual line of sight at all times. Such operations will insure that the UA S will "not create a hazard to users of the national airspace system or the public." Reform Ac t Section 333( b).
**UAS Description:** The UA S Kaufman Engineering, Inc proposes to use is produced by DJI (model: Phantom 2 Vision +). This type of model is commonly referred to as a “quad copter,” which has four electric motors and four rotors that are independently controlled for directional movement. The DJI Phantom 2 vision + weighs less than three pounds ( including payload) and is powered by lithium ion batteries. The Phantom 2 Vi sion + is controlled using a traditional transmitter (operating on a frequency ranging from 5.728 GHz to 5.85 GHz) with an operational range exceeding 0.5 miles. This particular model can be operated in both fully autonomous ly or manually. Au tonomous op erations are controlled by an accurate on board GPS system. Typical operations will include uploading waypoints to the unit before takeoff, so if connection between the transmitter and aircraft is lost, the mission can be carried out and a fully autonomous safe landing will be made. Atany time during autonomous flight, the operator can terminate the planned GPS flight and manually control the aircraft. Al l flight parameters (all battery levels, altitude, GPS driven ground speed, GPS satellite connection st atus/number of GPS satellites in use, barometric altitude, aircraft distance/direction from operator, aircraft orientation, flight time, linear flight distance, etc.) can be monitored during flight.
**Flight Operations:** We are well aware of conducting safe flight operations and planning flight paths that eliminate any overflight of crowds. Our proposed public safety UA S operations are typically conducted at low altitudes less than 400 Feet AG L (within Class G airspace), not over crowds, and not near airports. Flights will end when battery reserve reaches 25 percent. Operations will not occur under IFR conditions. I n addition, preflight and post

- flight checklists and UA S examinations will help detect any abnormalities prior to flight and after flight. An y UA S unable to satisfy safety checklists will be removed from service until the issue can be resolved. Granting this request would not adversely affect safety since operations would be in accordance with current UAS rules. **Privacy:** Al l flights will occur ove r private or controlled access property with the property owner's prior consent and knowledge. I mages taken will be of individuals who have also consented to being filmed or otherwise having agreed to be in the area where aerial photography will take place.**Section 333 Compliance and Appropriateness:**

Based on the size of the craft, experience of the pilot, and operational goals, this request appears to be well suited for approval using the criteria outlined in Section 333 of the FAA Modernization and Reform Ac t of 2012 and will move safe flight operations forward in accordance with the intent of Section 333. **Kaufman Engineering, Inc. is currently seeking exemption of:**  14 CFR Part 21 14 CFR 45 .23( b) 14 CFR 45.29 14 CFR 61.23 14 CFR 61.113( a) & ( b) 14 CFR 91.7( a) 14 CFR 91.9( b)( 2) 14 CFR 91.103 14 CFR 91.109 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 407( a)( 1) 14 CFR 409( a)(2) 14 CFR 417( a) & ( b) 14 CFR Subpart E ( 91.401

- 91.417)

**Description of Specific Regulations:** 14 CFR Part 21, Subpart H: Ai rworthiness certificates: Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by FA R §91.203( a)( 1 ). Given the size and limited operating area associated with the aircraft to be utilized by Kaufman Engineering, I nc. , an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Av iation Act (4 9 USC §44701( f) and Section 333 of the Reform Ac t both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability and proxim ity to airports and populated areas of the particular UA S. I n all cases, an analysis of these criteria demonstrates that the UA S operated without an airworthiness certificate, in the restrictedenvironment and under the conditions proposed, will be at le ast as safe, or safer, than a conventional

aircraft operating with an airworthiness certificate without the restrictions and conditions proposed.
14 CFR 45.23( b) & 14 CFR 45.29: Marking of the aircraft; Display of Marks; Size of Marks This regulation requires that certain experimental, provisionally certified aircraft, or light

- sport category aircraft to be marked with letters between 2 inches and 6 inches high "limited", "restricted" "light

- sport," "experimental," or "provisional," nea r each entrance to a cabin, cockpit or pilot station. Even though the UA S will have no airworthiness certificate, an exemption may be needed as the UA S will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be pla ced. Given the size of the UA S, 2 inch lettering will be impossible. Kaufman Engineering, I nc. will mark the U AS with the organization's name, address , and contact information
. 14 CFR 61.23: Medical certificates; Requirement and duration Regulations provide that a person: (1 ) Must hold a first

- class medical certificate:

- Wh en exercising the pilot

- in

- command privileges of an airline transport pilot certificate;

- Wh en exercising the second

- in

- command privileges of an airline transport pilot certi ficate in a flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or

- Wh en serving as a required pilot flight crew member in an operation conducted under part 121 of this chapter if the pilot has reached his or her 60th birthday. (2 ) Must hold at least a second class medical certificate when exercising:

- Second

- in

- command privileges of an airline transport pilot certificate in part 121 of this chapter (o ther than operations specified in paragraph ( a)( 1)( i i) of this section); or

- Privileges of a commercial pilot certificate.
Given the size of the UA S, it’s structure, the limited flight area and the safety features integrated into the autopilot (among others the flight termination system), Kaufman Engin eering, Inc. believes that an Equivalent Level of Safety can be reached if the pilot

- in

- command has a valid private pilot certificate.
14 CFR 61.113( a) & ( b): Private pilot privileges and limitations: Pilot in command Sections 61.113( a) and (b) limit priv ate pilots to non

- commercial operations. Because the UA S will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the pilot operating the aircraft to have completed UA S manu facturers’ flight training before flying a UA S. Unlike a conventional aircraft that carries the pilot and passengers, the UA S is remotely controlled with no livingthing or cargo on board. The area of operation is controlled and restricted, and all flights are planned and

coordinated in advance as set forth in the User Guide. The risks associated with the operation of the small UA S are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the UA S as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b).
14 CFR 91.7( a): Civil aircraft airworthiness The regulation requires that no person may operate a civil aircraft unless it is in airworthy con di tion. Asthere will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no F AA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the User Guide for maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided.
14 CFR 91.9( b)( 2): Civil aircraft flight manual, marking and placard requirements The UA S, given its size and configuration has no abi lity or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the User Manual at the ground control point where the pilot flying the UA S will have immediate access to it.
14 CFR 91.103: Preflight action This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the User Guide an d safety checklists. These actions will provide an equivalent level of safety.
14 CFR 91.109: Flight instruction Section 91.103 provides 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. By design, UA Ss and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radi o communications. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UA S via radio signals from the controller and by the size and speed of the aircraft.1 4 CFR 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA . This exemption is for a multi

- rotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will typically operate at altitudes of 200 feet above grou nd level (AGL), so an exemption may be needed to allow such operations. The UA

S will never operate at altitude higher than 400 feet AGL and all operations will occur during daylight hours under Visual Meteorological Conditions (VMC) only. The equivalent le vel of safety will be achieved given the size, weight and speed of the UA S as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because advance notice to the property owner a nd any on

- si te personnel, as well as the precautions outlined below, all affected individuals will be aware of the planned flight operations. Flight operations will be conducted at least 200 feet from all non

- participating persons (persons other than the p ilot in command (PI C) or visual observer (VO), vessels, vehicles and structures, unless: 1. Barriers or structures are present that sufficiently protect non

- participating persons from debris in the event of an accident. The PIC will ensure that non

- partic ipating persons remain under such protection. If a situation arises where non

- participating persons leave such protection and are within 200 feet of the UA S, flight operations will cease immediately and/or; 2. The aircraft is operated near vessels, vehicl es or structures where the land owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and; 3. Operations near the PIC or VO do not present an undue hazard to the PI C or VO, per 14 CFR 91.119( a). The UA S will remain within visual line of sight of the PIC or VO. Flight opera tions will be conducted at least 5 mi les from an airport and at least 3 miles from any city or densely populated area. The PI C or VO will provide notification to the local Flight Standards District Office and airport controller of all operations within 5 miles of an airport. The FAA will have advance notice of all operations through the filing of notices

- to

airmen. Compared to flight operations with aircraft or rotor craft weighing far more than the UA S proposed herein and carrying flammable fuel, any risk associated with our operations if far less than those presently presented with helicopters and other conventional aircraft operating at or below 500 feet AG L. I n addition, the low

- altitude operations of the UA S will ensure separation between these UA S operations and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Al timeter Settings This regulation requires each perso n operating the aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting availablebefore departure." Asthe UAS may not have a barometric altimeter, b ut instead a GPS altitude read out,

an exemption may be needed. An equivalent level of safety will be achieved by the PI C confirming the altitude of the launch site shown on the GPS altitude indicator before flight.
14 CFR 91.151( a): Fuel requirements for flight in VFR conditions Section 91.151( a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUA S is limited to operations in controlled environments and has a limited flight time which require an exemption from 14 CFR 91.151(a). The battery powering the UA S provides approximately 20 minutes of powered flight. This would render the UA S unable to meet the 30 minute reserve requirement in 14 CFR 91.151. Given the limitations on the UA S's propose d flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight VFR conditions is reasonable. An equivalent level of safety can be achieved by limiting flights to 20 minutes, or enough batt ery reserve to ensure that the UA

S lands at the ground station with at least 25% of battery power (as determined by the on - board monitoring system and the PI C), whichever happens first. This restriction would be more than adequate to return the UA S to its planned landing zone from anywhere in its limited operating area.
14 CFR 91.203( a) & ( b): Carrying civil aircraft certification and registration The UA S has no cabin, cockpit or pilot station and is operated without an on

- board pilot. Therefore, there is no ability or place to carry certification and registration documents or to display them on the UA S. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UA S.
14 CFR 91.405( a); 407( a)( 1) ; 409( a)( 2); 417( a) & ( b) ; 14 CFR Subpart E ( 91.401

- 91.417) : Maintenance inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph ( c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...," and others shall inspect or ma intain the aircraft in compliance with Part 43. Given that these sections and part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply Kaufman Engineering, Inc. Maintenance will be accomplished by the operator pursuan t to the User Guide.An equivalent level of safety will be achieved because these UA Ss are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. I f mechanical issues arise, the UA S can land i mmediately and will be operating from no higher than 400 feet AG L.As provided in the User Guide, the operator will ensure that the UA S is in working order prior to initiating flight, perform required maintenance and keep a log of any maintenance performed . Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.
**Ongoing Efforts:** We are also keenly aware of the new issues involved in UA S public safety operations and would greatly like to assist public safety departments to fly with commonsense and safety first in mind. Wi th your help we hope to obtain this exemption in order to use my exempted flight experience to help any agencies get o ff on the right foot, learn what they don't know, and help them to move forward to operate safer while they utilize the UA

S.

**Suggested Public Federal Register Summary:** "The petitioner is seeking an exemption to operate unmanned aircraft systems (U AS ) with a maxi mu m weight of less than three pounds to perform engineering tasks such as producing topographic maps, composite aerial photographic images, video production, and other engineering related tasks in the mi ning and related and industries . Onboard cameras will be used to collect both still images and videos. “

Sincerely,

Chad Drzewiecki Kaufman Engineering, Inc.