### Nicholas Plumer, LSIT

Leighton & Associates, Inc. Land Surveyors Nick@leightonlandsurveyors.com

1037 Wiscasset road Boothbay, ME. 04537

January 3, 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption request pursuant to Section 333 of th e FAA Reform Act and Part 11 of the Federal Aviation Regulations

To Whom It May Concern:

Pursuant to section 333 of the FAA Modernization an d Reform act of 2012 and 14 CFR Part 11, Nicholas Plumer, LSIT of Leighton and Asso ciates, Inc. (Land Surveyors) hereby seeks exemption from the following FAA regul ations to provide safer Aerial Surveying services to the mid coast of Maine by uti lizing small Unmanned Aerial Systems (sUAS):

14 CFR Part 21 sub part H 14 CFR 45.23 (b) 14 CFR 61.113 (a) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109 14 CFR 91.119 (c)

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

I intend to safely operate a sUAS in the airspace b elow 400 feet and 5 miles away from airports and away from bystanders to provide Aerial Mapping services to supplement our ground mapping services. If exemption status were granted I would use the sUAS to map shoreland parcels to provide more detailed surveys than currently possible (without aerial photogrammetry). This type of survey could be acco mplished with a manned aircraft

### system though this is more costly and more dangerou s than the unmanned option would

be. The public would benefit from this service by having a more affordable and safer option than having manned, large scale, photogramme try surveys performed.

I intend to only operate: 1. sUAS (aircraft weighing less than 55 lbs) 2. the sUAS within line of sight of the Pilot In Co mmand (PIC) or the Visual Observer (VO) 3. the sUAS with flight times correlating to less t han 75% of battery usage 4. the sUAS below 400 feet Above Ground Level (AGL)

5. the sUAS with minimum crew of PIC and VO 6. the sUAS with autopilot capabilities to automati cally engage when communication is lost to return sUAS to land at pre -designated location. 7. the sUAS, away from non-consenting persons or cr owds to which any system

failure could cause harm. 8. the sUAS pursuant to all other current FAA regul ations

Pursuant to, Sec333 SPECIAL RULES FOR CERTAIN UNMAN NED AIRCRAFT SYSTEMS - (b) “(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proxim ity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to n ational security” the following exceptions are requested as explained below:

14 C.F.R. Part 21, Subpart H: Airworthiness Certifi cates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, est ablishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, 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 Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of th e size, weight, speed, operational capability, and proximity to airports and populated areas of the pa rticular small UAS. In all cases, an analysis of these criteria demonstrates that the small UAS oper ated without an airworthiness certificate, in

the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. T he small UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively wi thin a secured and designated area. Unlike other civil aircraft, operations under this exempti on will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a g reater degree of safety to the public and property owners than conventional operations conduc ted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, applica tion of these same criteria demonstrates that there is no credible threat to national security po sed by the small UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the AircraftThe regulation requires: When marks include only th e Roman capital letter "N" and the

registration number is displayed on limited, restri cted or light-sport category aircraft or experimental or provisionally certificated aircraft , the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricte d," "light-sport," "experimental," or "provisional," as applicable. Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS 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 small UAS, twoinch lettering will be impossible. The word “Experi mental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the small UAS marked on its fuselage as required by §45.29 (f ) where the pilot, observer and others working with the small UAS will see the identificat ion of the small UAS as “Experimental.”

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passenge rs or property for compensation or hire. Our small UAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting skills. The risks attendant to the operati on of small UAS is far less than the risk levels

inherent in the commercial activities outlined in 1 4 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe operat ion of the small UAS. The safe operation and control of the UAS as descri bed in this application does not depend on the type of FAA license held by the PIC. That knowledge can be and is gained primarily through practice and experience and not through flight trai ning in fixed wing or rotor aircraft, nor is it dependent on the acquisition of a commercial or pri vate pilot’s certificate. Those certificates demonstrate knowledge of the factors and skills nee ded for the safe operation of those types of aircraft (fixed wing or rotorcraft). It cannot be a ssumed that any type of pilot, approved to operate a helicopter or fixed wing aircraft, has the skill or ability to safely operate a small unmanned aerial vehicle, operating at 400 AGL or lower, with in strictly controlled pre-approved airspace. From a practical standpoint, there are relatively f ew licensed full-scale aircraft pilots who are also qualified to fly the type of UAS that are utilized for infrastructure image- capture operations. There are even fewer pilots that can fly these UAS – to the point that to do both is considered rare

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certif icate issued for the aircraft, should this exemption be granted, no FAA regulatory standard wi ll exist for determining airworthiness.

Given the size of the aircraft for maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Man ual in the Aircraft. Section 91.9 (b) (2) provides: No person may operat e a U.S.-registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is no t required by §21.5 of this chapter, unless there is available in the aircraft a current approv ed airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any com bination thereof. The small UAS, given its size and configuration has no ability or place to c arry such a flight manual on the aircraft, not only because there is no pilot on board, but becaus e there is no room or capacity to carry such an item on the aircraft. The equivalent level of safet y will be maintained by keeping the flight manual at the ground control point where the pilot flying the small UAS will have immediate

access to it.14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to t ake certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The OPERATOR will take all actions including reviewing weather, flight battery requirements, landing and takeoff di stances and aircraft performance data before initiation of flight.

14 C.F.R. §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. Small UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished throu gh the use of a control box that communicates

with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safe ty is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by t he size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for opera tion of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimum s prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a small UAS that is a helicopter a nd the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 ab ove an elevated platform from which filming is planned, an exemption may be needed to allow suc h operations. As set forth herein, the small UAS will never operate at higher than 400 AGL with the exception that in circumstances where the small UAS is used to survey or photograph a str ucture whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' a bove the highest point on the structure. It will however be operated in a restricted area with secur ity perimeter, where buildings and people will not be exposed to operations without their pre-obta ined consent. The equivalent level of safety will be achieved given the size, weight, speed of t he small UAS as well as the location where it is operated. No flight will be taken without the permi ssion of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned f light operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with th ese operations is far less than those presently presented with conventional aircraft operating at o r below 500 AGL. In addition, the low-altitude operations of the small UAS will ensure separation between these small- UAS operations and the operations of conventional aircraft that must compl y with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an a ircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the el evation of the departure airport or an appropriate altimeter setting available before departure.” As t he small UAS 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, pursuan t to the safety check list and live flight data monitoring, confirming the altitude of the launch s ite shown on the GPS altitude indicator before flight.14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beg inning “a flight in an airplane under VFR conditions unless (considering wind and forecast we ather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At n ight, to fly after that for at least 45 minutes.” T he battery powering the small UAS provides approximate ly 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151 , small UAS flights would be limited to approximately 10 minutes in length. Given the limit ations on the small UAS’s proposed flight area and the location of its proposed operations wi thin a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions i s reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the s cope of prior exemptions. Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be all owed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Sect ion 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limi ting small UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limit ing flights to 30 minutes or 25% of battery power— whichever happens first. This restriction wo uld be more than adequate to return the small UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircr aft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may o perate a civil aircraft unless it has within it the following: (1) An appropriate and cur rent airworthiness certificate. . . . (b) No person may operate a civil aircraft unless t he airworthiness certificate required by paragraph (a) of this section or a special flight a uthorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The small UAS fully loaded weighs no more than 55 l bs. and is operated without an onboard pilot. As such, there is no ability or place to car ry certification and registration documents or to display them on the small UAS. An equivalent level of safety will be achieved by k eeping these documents at the ground control point where the pilot flying the small UAS will hav e immediate access to them; to the extent they are applicable to the small UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 41 7(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 betw een required inspections, except as provided in paragraph (c) of this section, have discrepancies r epaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain t he aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft wi th an airworthiness certificate, these sections will not apply to the applicant. Maintenance will b e accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If me chanical issues arise the small UAS can land immediately and will be operating from no higher th an 400 feet AGL. The operator will ensure that the small UAS is in working order prior to ini tiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreov er, the operator is the person most familiar

with the aircraft and best suited to maintain the a ircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved beca use maintenance and inspections will be performed in accordance with the small UAS Manufact urer's Manual, as referenced in theAircraft Operations Manual (AOM). As provided in th e FOM, the operator will ensure that the

small UAS is in working order prior to initiating f light and perform required maintenance needed.

My sUAS is a 3dRobotics Solo utilizing the latest t echnology in autopilot safety. This coupled with strictly following the FAA’s existing and non- exempted regulations will yield a safe environment for my operation of a sUAS as an aerial surveyor in the National Airspace System.

Thank you for your consideration,

Sincerely,

Nicholas Plumer, LSIT