# GVG ENGINEERING CIVIL ENGINEERING - PLANNING - SUSTAINABLE DESIGN

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.113 (a) & (b); 91.103(b); 91.119; 91.121; 91.151(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).
Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, GVG Engineering hereby applies for an exemption from the Federal Aviation Regulations ("FARs") listed in Section I below to allow commercial operation of its Small Unmanned Aircraft Systems ("sUASs") for aerial imaging and safety and monitoring of Project Sites so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333 of the Reform Act. As detailed in this document and the attached Addendum, the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to access, and 4) would enhance quality, reduce environmental impacts, and provide safety enhancements to the already best practices safety protocols followed by GVG Engineering at each of its Project Sites

. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "...establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act.

The name and address of the applicant is:

GVG ENGINEERING, Greg V. Gladov, PE, LEED AP BD+C Email: ggladov@gmail.com Phone: 314-246-0422 Address: 392 Falcon Hill Drive, O’Fallon MO, 63368

TEL 314 246-0422 EMAIL GGLADOV@GMAIL.COM 

### phone (314) 246-0422

GGLADOV@GMAIL.COM

June 21, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590CIVIL ENGINEERING - PLANNING - SUSTAINABLE DESIGN

I.

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

• 14 C.F.R. 61.113 (a) & (b)

• 14 C.F.R. 91.103

• 14 C.F.R. 91.119

• 14 C.F.R. 91.121

• 14 C.F.R. 91.151 (a)

• 14 C.F.R. 91.405 (a)

• 14 C.F.R. 91.407 (a) (1)

• 14 C.F.R. 91.409 (a) (2)

• 14 C.F.R. 91.417 (a) & (b)

STATUATORY AUTHORITY FOR EXEMPTIONS

II.

The Federal Aviation 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 sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator 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 Administrator finds the exemption in the public interest.3 Section 333(b) of the Reform Act assists the Secretary in determining whether sUASs may operate in the National Airspace System ("NAS") without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider:

• The sUAS's size, weight, speed, and operational capability

• Whether the sUAS operates within the visual line of sight of the operator

• Whether the sUAS operates outside of highly populated areas and away from close

proximity to airports

If the Secretary determines that a sUAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.

GVG Engineering proposed sUASs are multi

‐ rotor vehicles, weighing 15 or fewer lbs. including payload. They will operate under normal conditions at a speed of no more than 50

TEL 314 246-0422 EMAIL GGLADOV@GMAIL.COMCIVIL ENGINEERING - PLANNING - SUSTAINABLE DESIGN mph and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight. Such operations will ensure that the sUASs will "not create a hazard to users of the national airspace system or the public.

Given the small size of the sUASs involved and the area within which they will operate, GVG Engineering's application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence. Also due to the small size of the sUASs and the low altitudes and limited areas in which GVG Engineering’s sUASs will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety and reduced environment impacts, the grant of the requested exemptions is in the public interest. Accordingly, GVG Engineering respectfully requests that the FAA grant the requested exemption without delay so an sUAS can be leveraged on several projects that are already in progress

.

III. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress's intent of allowing sUASs to operate with significant safety precautions in low risk environments.

The use of sUASs can significantly promote safe and e ff ective Project Site survey and inspection. sUASs can inspect, photograph, video and collect data on inaccessible areas that otherwise would require worker inspection. sUASs can also provide high resolution aerial imagery, elevation measurement, mapping, and thermal imagery data. Reducing manned flight and human inspection of such sites through sUAS use for site imaging will reduce risk to workers and ground personnel and create an improved safety operating environment. Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The sUAS GVG Engineering will be using carries no fuel, and therefore the risk of fire following an incident or accident due to fuel spillage is eliminated.

Additionally, sUASs could reduce the use of fixed

‐ wing aircraft to monitor sites. The sUASs GVG Engineering proposes to fly in this application weigh less than fifteen pounds, and carry no combustible material on board, as opposed to much larger conventionally powered aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or accident. Lastly, sUASs reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection over a Project Sites . Operation of lightweight sUASs powered by rechargeable lithium ion batteries o ff ers improved e ffi ciencies as compared to the operation of other aircraft and vehicles that consume gasoline and present a significantly louder noise signature.

TEL 314 246-0422 EMAIL GGLADOV@GMAIL.COMCIVIL ENGINEERING - PLANNING - SUSTAINABLE DESIGN
IV. EQUIVALENT LEVEL OF SAFETY

GVG Engineering proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure. GVG Engineering will be bound by the following limitations when conducting its sUAS operations under this FAA issued exemption:

1. The sUAS will weigh less than 15 pounds.

2. Flights will be operated within visual line of sight of a pilot and/or observer.

3. The sUAS will operate during daylight

‐ only times (o ffi cial sunrise to o ffi cial sunset, local time.

4. The sUAS will yield right

‐ of

‐ way to other aircraft at all times.

5. The sUAS will be registered with the FAA and will include appropriate markings and labels on the body of the sUAS.

6. Maximum total flight time for each operational flight will be 25 minutes. The UAS calculates battery reserve in real time, and will return to its ground station with at least 20% battery power reserve should that occur prior to the 25 minute limit.

7. Flights will be operated at an altitude of no more than 400 feet AGL.

8. Minimum crew for each operation will consist of the trained sUAS Pilot (PIC) who will keep the sUAS within his visual line of sight (VLOS) at all times and one visual observer (VO). The VO and PIC will be able to communicate verbally at all times.

9. The sUAS Pilot will be trained in flight, operations, and safety procedures.

10. sUAS Pilot will be Pilot in Command (PIC).

14. The sUAS will not be operated at a distance from clouds less than 500' below or 2000' horizontal, or when visibility is less than 3 miles.

15. Holder will follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

16. Pilot will have been trained in operation of the sUAS and receive up

‐ to

‐ date information on the particular sUAS to be operated should updates become available.

TEL 314 246-0422 EMAIL GGLADOV@GMAIL.COMCIVIL ENGINEERING - PLANNING - SUSTAINABLE DESIGN 17. If the sUAS loses communications or loses its GPS signal, it will have the capability to automatically and safely return to a pre

‐ determined location within the Security Perimeter and land with a predictable, automated flight maneuver.

18 . The radio frequency spectrum used for operation and control of the UAS will comply with the rules and regulations of the Federal Communications Commission (FCC).

DESCRIPTION OF SPECIFIC REGULATIONS

14 C.F.R. §61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non

‐ commercial operations. GVG Engineering proposes that its sUAS PIC will have completed a minimum 2

‐ Day Training Program and at least 25

‐ Hours of flight time in a safe and controlled environment prior to operating the sUAS on a Project Site. The airmanship skills necessary to operate the sUAS do not correlate significantly to the airmanship skills necessary for piloting manned aircraft and, thus, exemption from the need for the PIC to hold a commercial pilot certificate is also requested. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

B. 14 C.F.R. §91.103: Preflight action

This regulation requires each pilot in command take certain actions before flight to insure the safety of flight. An exemption is needed from this requirement as the PIC will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeo ff and landing distances, etc.

C. 14 C.F.R. §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 take

‐ o ff and vertical landing, which will operate at altitudes up to 400' AGL, so an exemption may be needed to allow such operations. As described in the Manual, the sUAS will never operate at altitude higher than 400' AGL and will be limited to the area with the security perimeter, where buildings and people will not be exposed to operations without their notification as described herein. The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 15 lbs. proposed herein and flammable fuel, any risk associated with GVG Engineering operations is far less than those presently presented with conventional aircraft. In addition, the low

‐ altitude operations of the sUAS will ensure separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119.

TEL 314 246-0422 EMAIL GGLADOV@GMAIL.COMCIVIL ENGINEERING - PLANNING - SUSTAINABLE DESIGN D. 14 C.F.R. §91.121: Altimeter settings

This regulation requires each person operating an 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 available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to The Addendum and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

E. 14 C.F.R. §91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. GVG Engineering 's sUAS is limited has a limited range and flight time which require an exemption from 14 C.F.R. 91.151(a).

The battery powering the sUAS provides approximately 25 minutes of powered flight. To meet the 30 minute reserve requirement in 14 C.F.R. §91.151.and considering the limitations on the sUAS's flight area and the location of the operations, a longer time frame for flight in daylight or night VFR conditions is reasonable.

GVG Engineering believes that an exemption from 14 C.F.R. §91.151(a) falls within the scope of prior exemptions. Operating the sUAS, in a controlled area with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the sUAS.

An equivalent level of safety can be achieved by limiting flights to 25 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring system and PIC), whichever happens first. Because of the limited operating area under which sUAS flights will be conducted, this restriction will be more than adequate to ensure return of the sUAS to its planned landing zone.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

F. 14 C.F.R. §91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): 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 maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an Airworthiness Certificate, these sections will not apply to GVG Engineering. Maintenance will be accomplished by the operator pursuant to the flight manual. An equivalent level of safety will be achieved because these sUASs are very limited in size and will carry a small payload and operate only in authorized areas for limited periods of time. If mechanical issues arise the

TEL 314 246-0422 EMAIL GGLADOV@GMAIL.COMCIVIL ENGINEERING - PLANNING - SUSTAINABLE DESIGN sUAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is PIC person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

——————————— 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:
Applicant seeks an exemption from the following rules: 14 C.F.R. §§ 61.113( a) & (b); 91.103(b); 91.119; 91.121; 91.151(a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 ; (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (15 lbs. or less) for aerial imaging and monitoring of Project Sites

. Approval of exemptions allowing commercial operations of sUASs to survey, monitor, and inspect the Project Sites will enhance safety by reducing risk. Conventional aerial survey and inspections by aircraft impacts the environment. In contrast, a sUAS weighing fewer than 15 lbs. and powered by batteries eliminates virtually all of that risk and environmental impact given the reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.
The operation of sUASs, weighing less than 15 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and as a result, are safer than conventional operations conducted with fixed

‐ wing aircraft operating in close proximity to the ground and people.

Privacy
All flights will occur over the Project Sites. The notification signs will be posted notifying the Project Site personnel of the sUAS flyover.

********
Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

‐ provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's sUASs

.

Sincerely,

Greg V. Gladov, PE, LEED AP BD+C

TEL 314 246-0422 EMAIL GGLADOV@GMAIL.COM