Hurt, Deckard & May, PLLC 

# H URT

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# D ECKARD 

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# M AY 

## 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 Transpor tation, 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 E voImagery, 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 w ould 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 EvoI magery, LLC Request Would Be In The Public Interest; That Is, How It Wou ld 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 conduc t aerial photogrammetry a nd surveying services will enhance safety by substantially reducing ri sk to persons and property. Conventional aerial imagery operations use je t 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 presen t 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 batte ries eliminates virtually all of the risk

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Hurt, Deckard & May, PLLC given the reduced mass and lack of combus tible 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 ma nned aircraft flights. These lightweight aircraft operate at slow speeds, close to th e 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 gr ound 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 bene fits the public has a whole.

Additionally, one of EvoImagery’s proposed core applications is volumetric analysis of stockpiles (e.g. coal, rock, et c.). Traditional survey methods require surveyors to place rover station rods at various points on and around stockpiles. Traditional methods can be extremely dange rous for the surveying crew because the materials being traversed are unstable, with ch utes 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 substa ntially, or completely, eliminates the risk of death and serious injury (and this method of volumetric anal ysis is more accurate).

Conducting flights with EvoImagery’s UAS s, 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, EvoIma gery’s UASs produce no air pollution, and are the most viable environmentally conscious a lternative 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 moto rs, 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 utiliz ed to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the us e of EvoImagery’s UASs would reduce the amount of manned aircraft in the NAS, reduc e noise and air polluti on, 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. Like wise, a reduction of manned aircraft conducting aerial imagery missi ons 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.

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Hurt, Deckard & May, PLLC 3. Performing Aerial Imaging Operations With UASs Will Benefit The Economy.

In addition to being safe and effici ent, EvoImagery’s UASs are also an economical alternative to using manned airc raft 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 grow th 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 th erefore, 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 sp ending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitiv e 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 Flig ht Operations Manual, Maintenance Log, and Manufacturer Instruction Manual(s)) wh ich 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 exempti on 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 require ments for considering whether a UAS

will create a hazard to user s 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 safe ly in the NAS, without creating a hazard to users of the NAS, or the public, or othe rwise pose a threat to national security.

A dditionally, The FAA has prev iously granted relief fr om Section 61.113(a) and (b)

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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 o ffice. 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