Hurt, Deckard & May, PLLC 

HURT, DECKARD&MAY PLLC

William C. Hurt, Jr. 

William H. May, III * 

Michael D. Kalinyak 

THE EQUUS BUILDING 

127 WEST MAIN STREET 

LEXINGTON, KENTUCKY 40507 

Matthew R. Malone 

Aaron D. Reedy 

**James L. Deckard 

Jacob K. Michul 

www.hdmfirm.com Telephone - (859) 254-0000 

Facsimile - (859) 254-4763 

*Also licensed in Indiana 

**Also licensed in Tennessee 

August 11, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

of the Federal Aviation Regulations: No. FAA-2015-1611 

Dear Sir or Madam: 

Please allow this letter to serve as EvoImagery, LLC’s (“EvoImagery”) response 

to the FAA’s August 3, 2015 letter seeking additional information in support of 

EvoImagery, LLC’s Petition for Exemption. In pertinent part, the FAA seeks the 

following information: 

• The reasons why granting the request would be in the public interest; that 

is, how it would benefit the public as a whole. 

• Any additional information, views, or arguments available to support your 

request. 

A. The Reasons Why Granting The EvoImagery, LLC Request Would Be In 

The Public Interest; That Is, How It Would Benefit The Public As A Whole. 

1. The Public Will Benefit From The Safety And Efficiency Of 

EvoImagery’s UASs. 

Approval of EvoImagery’s Petition for Exemptions allowing commercial 

operations of UASs to conduct aerial photogrammetry and surveying services will 

enhance safety by substantially reducing risk to persons and property. Conventional 

aerial imagery operations use jet or piston powered aircraft at extremely low altitudes. 

Such aircraft must often fly very close to the subject being photographed, in close 

proximity to people and structures and present the risks associated with aircraft that 

weigh thousands of pounds, carry aviation fuel and passengers. In contrast, a UAS 

weighing fewer than 12 lbs. and powered by batteries eliminates virtually all of the risk 
 HURT,DECKARD &MAY PLLC

Page - 2 - 

 

Hurt, Deckard & May, PLLC 

given the reduced mass and lack of combustible fuel carried on board. The UAS is 

carried to the location. The UAS will carry no passengers or crew and, therefore, will not 

expose them to the risks associated with manned aircraft flights. These lightweight 

aircraft operate at slow speeds, close to the ground, within a limited area and, as a result, 

are far safer than conventional flight operations conducted with helicopters or fixed wing 

planes operating in close proximity to the ground and people. Simply put, EvoImagery’s 

UASs have less physical potential for collateral damage to life and property as compared 

to manned aircraft that conduct similar operations. Thus, the enhanced safety of utilizing 

UAS over manned aircraft greatly benefits the public has a whole. 

Additionally, one of EvoImagery’s proposed core applications is volumetric 

analysis of stockpiles (e.g. coal, rock, etc.). Traditional survey methods require 

surveyors to place rover station rods at various points on and around stockpiles. 

Traditional methods can be extremely dangerous for the surveying crew because the 

materials being traversed are unstable, with chutes or traps below the surface. If the 

materials are frozen or wet, the surfaces are even more dangerous. Use of UASs to 

perform volumetric analysis of stockpiles substantially, or completely, eliminates the risk 

of death and serious injury (and this method of volumetric analysis is more accurate). 

Conducting flights with EvoImagery’s UASs, instead of manned aircraft, will 

also greatly benefit the public by drastically reducing the levels of air and noise pollution 

generated during traditional aerial video and still photography flight operations. By using 

battery power and electric motors, EvoImagery’s UASs produce no air pollution, and are 

the most viable environmentally conscious alternative to manned aircraft. EvoImagery’s 

UASs reduce the carbon footprint of aerial imagery flights and also eliminate noise 

pollution, as the UASs are propelled by battery powered electric motors, rather than an 

internal combustion engine. 

2. The Public Will Benefit From Decreased Congestion Of The National 

Air Space (NAS). 

EvoImagery’s UASs are battery powered and serve as a safe, efficient, and 

economical alternative to the manned aircraft traditionally utilized to obtain aerial 

imagery. By reducing the amount of manned aircraft needed to perform aerial 

acquisitions, an exemption allowing the use of EvoImagery’s UASs would reduce the 

amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase 

the safety of life and property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. 

EvoImagery’s UASs do not require an airport to takeoff or land. Likewise, a reduction of 

manned aircraft conducting aerial imagery missions would result in fewer aircraft that 

must be handled by air traffic control during the ground, takeoff, departure, arrival, and 

landing phases of flight operations.
 HURT,DECKARD &MAY PLLC

Page - 3 - 

 

Hurt, Deckard & May, PLLC 

3. Performing Aerial Imaging Operations With UASs Will Benefit The 

Economy. 

In addition to being safe and efficient, EvoImagery’s UASs are also an 

economical alternative to using manned aircraft to conduct similar aerial operations. As 

such, operation of the UASs will allow United States based companies, like EvoImagery, 

to remain competitive and contribute to growth of the U.S. economy. Operating battery 

powered UASs is a technology that not only allows companies greater operational 

flexibility compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft. 

By operating UASs for commercial purposes, companies such as EvoImagery, 

can remain competitive and profitable, and therefore, provide greater job stability to 

employees and contractors, which will ultimately contribute to growth of the U.S. 

economy. Improved financial performance of U.S. companies, through commercial use 

of UASs, provides a stable workforce that increases consumer spending; improves local, 

state, and federal tax revenues; and allows companies to invest in research and 

development in order to remain competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

EvoImagery’s proposed operations of UASs will not implicate any privacy 

issues. Specifically, EvoImagery’s UASs will be operated only in compliance with 

operating documents (i.e., EvoImagery’s Flight Operations Manual, Maintenance Log, 

and Manufacturer Instruction Manual(s)) which requires property owner consent and 

compliance with applicable state laws. 

B. Any additional information, views, or arguments available to support your 

request. 

See EvoImagery’s Petition for Exemption. This Petition is made pursuant to the 

FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the 

Secretary of Transportation to determine if certain UASs may operate safely in the NAS. 

As such, EvoImagery’s request for exemption may be granted pursuant to the authority 

of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS 

will create a hazard to users of the NAS or the public, or otherwise pose a threat to 

national security; and further, provides the authority for such UAS to operate without 

airworthiness certification. 

As discussed in detail in its Petition for Exemption and Appendices as well as 

herein, EvoImagery will operate its UASs safely in the NAS, without creating a hazard 

to users of the NAS, or the public, or otherwise pose a threat to national security. 

Additionally, The FAA has previously granted relief from Section 61.113(a) and (b) 
 HURT,DECKARD &MAY PLLC

Page - 4 - 

 

Hurt, Deckard & May, PLLC 

specific to UAS, in circumstances similar, in all material respects, to those presented 

EvoImagery’s petition. 

We look forward to working with your office. Please contact us at any time if 

you require additional information or clarification. 

Best regards, 

Aaron D. Reedy, Esq. 

areedy@hdmfirm.com

Counsel for EvoImagery, LLC