July 13, 2015

U.S. Department of Transportation

Docket Management System 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

Dear Madam/Sir:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14

CFR Part 11, Golder Associates Inc. (“Golder”), an operator of a senseFly eBee (“eBee”) Unmanned

Aircraft System (“UAS”) seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below:

 14 CFR Part 21 subpart H

 14 CFR 45.23 (b)

 14 CFR 61.113 (a) & (b)

 14 CFR 61.133(a)

 14 CFR 91.7 (a)

 14 CFR 91.9 (b) (2)

 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 Subpart E (§§ 91.401 - 91.417)

The requested exemption would authorize Golder to conduct commercial operations using the eBee for

mapping and survey purposes. These operations will be subject to the conditions outlined herein, and to

the strict operating requirements defined in the eBee Operations Manual (“Operations Manual”). The

Operations Manual and additional confidential manuals and materials (“Confidential Materials”) filed by

Golder in connection with this petition for exemption are hereby incorporated by reference. Golder

requests that the FAA treat such additional Confidential Materials as proprietary under 14 C.F.R.

11.35(b), and that the FAA not include such Confidential Materials in the public docket.

The name and address of the applicant is:

Golder Associates Inc.

Attn: Scott Motycka, Associate and Practice Leader

Phone:: (210) 655-1185

Email: smotycka@golder.com

Address: 14607 San Pedro Ave.

Suite 250

San Antonio, TX 78232

Golder Associates, Inc.

14607 San Pedro Ave., Suite 250

San Antonio, TX 78232

Tel: (210) 655-1185 Fax: (210) 655-0818 www.golder.com

Golder Associates: Operations in Africa, Asia, Australasia, Europe, North America and South America

Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporation
U.S. Department of Transportation 2 July 13, 2015

FAA 333 eBee Exemption 071415.doc

The point of contact for this Petition and specific contact information is as follows:

Golder Associates Inc.

Attn: Sandra Oberkfell, Principal and Senior Legal Counsel

Phone: : (480) 966-0153

Email: soberkfell@golder.com

Address: 1430 W. Broadway Rd.

Suite 108

Tempe, AZ 85282

1.0 INTRODUCTION AND INTERESTS OF APPLICANT

Golder is a 50+ year-old global, employee-owned organization providing independent consulting, design

and construction services in our specialist areas of earth, environment and energy, with a long history in

mapping and surveying. Golder excels in the collection of aerial imagery from manned, fixed-wing aircraft

for the purpose of making highly accurate aerial maps for a range of clients and various applications. An

industry leader in health and safety, Golder has built a culture where health and safety are considered first

and embedded in how we work. The incorporation of UASs into our data gathering operations will provide

safety enhancements, as our staff conducts these operations in areas such as contaminated sites, 

high wall rock faces, bridges, dams and geologic hazards. These locations traditionally represent 

high danger work environments that require our staff to physically access the areas being inspected.

Approval of this application will enhance Golder’s existing safety consciousness and environmental

stewardship.

2.1 CHARACTERISTICS OF THE AIRCRAFT

The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 pounds)

platform made of flexible foam that performs pre-programmed precision aerial mapping missions through

the on-board GPS and the related flight management software (eMotion) that allows the operator to plan

safely and efficiently a mission in 3D, and then monitor it in real time. Through an embedded camera,

protected by a foam envelope, the eBee can take a collection of high-definition still images to be used

later to generate maps and contour lines of the surveyed area.

The four main characteristics of the eBee are:

2.2 Very light weight

The eBee is so light that the operator can launch it by hand and let it land on almost any surface without

requiring a parachute or landing net (belly land). Its low impact energy (38 J in case of a controlled

emergency landing) also significantly reduces the risk of hazardous situations. Finally, the wings of the

eBee are detachable and made of flexible foam with no sharp or hard edges and almost no internal

strengthening structure.

2.3 Electric-powered

The eBee is electric powered. A brushless engine technology makes it silent and reliable. The propeller is

attached with a rubber band to the body of the plane so that it can easily flex away in case of contact with

any object.

2.4 Semi-automatic flight

The artificial intelligence incorporated within the eBee autopilot system continuously analyzes data from

the Inertial Measurement Unit and from the onboard GPS and takes care of all aspects of the flight under

the supervision of the operator.
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2.5 Option for manual control

Additionally, through a remote controller provided with the system, the eBee has an override capability that

allows the operator to take manual actions during the flight (Go to Home, Go Land, Hold and Resume 

the mission), and to suspend automated operations and take manual control of the aircraft if it becomes

necessary to respond to emergent circumstances.

3.1 PROPOSED COMMERCIAL USES

Golder intends to provide low level aerial surveys and mapping using the eBee UAS for various industrial

and other clients within the continental US, Alaska, and other US territories. The UAS will be fitted with a

digital camera to take aerial photos of project sites, remote areas, geologic hazards, contaminated sites

and treacherous terrain. These photos will be used to support survey, photogrammetric modeling, visual

resonance and documentation. Aerial Surveys will be conducted in accordance with FAA Policy N

8900.227 Section 14 “Operational Requirements for UAS”, and will additionally include:

 Landowner permissions will be secured prior to the flight, and written permissions will be

available for inspection by the FAA.

 All eBee Pilots in Command (“PIC’s”) will be trained as per the Operations Manual

requirements.

 All flight documentation will comply with the Operations Manual requirements.

 Pre-flight procedures will incorporate the use of the FAA “B4UFLY” application once it is

released.

 All other requirements will be met, as described in the following sections.

Golder anticipates that the number of commercial flights will be less than 100 per year in the first year of

operations, and less than 1000 flights per year thereafter.

4.1 APPLICABLE LEGAL STANDARDS UNDER SECTION 333

4.2 Airworthiness Assessment of the eBee

Golder notes that the airworthiness of the eBee has already been demonstrated for different projects in

the United States, involving state/federal agencies or universities (among others, the New Mexico State

University: https://newscenter.nmsu.edu/Articles/view/10208/nmsu-uas-flight-test-center-conducts-ebeeairworthiness-assessment, and the USACE New Orleans, who coordinated with the Department of Army

and the FAA to obtain all authorizations required in order to operate the eBee UAS). Moreover the eBee

has already received more than 30 Exemptions from the FAA.

senseFly has also obtained flight approvals for the eBee (delivered by national civil aviation authorities) in

many countries, among others:

 Switzerland (flight approval for VLOS operations)

 Canada (flight approval for VLOS operations)

 Australia (flight approval for VLOS operations)

 France (flight approval for Extended-VLOS operations)

 Germany (flight approval for VLOS operations)

 United Kingdom (flight approval for VLOS operations)

 Norway (flight approval for VLOS operations)

 Sweden (flight approval for VLOS operations)

 Denmark (flight approval for VLOS operations)
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4.3 Operating requirements

Grant of the exemption to Golder will be subject to the following operating conditions:

1. Operations authorized by this grant of exemption are limited to the above listed UAS when

weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a

new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not permitted.

3. The UAS may not be operated at a speed exceeding 87 knots (100 miles per hour). The

exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the

87 knot speed restriction. In no case will the UAS be operated at airspeeds greater than the maximum

UAS operating airspeed recommended by the aircraft manufacturer.

4. The UAS must be operated at an altitude of no more than 400 feet above ground level (AGL).

Altitude must be reported in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires

the PIC to use human vision unaided by any device other than corrective lenses, as specified on the

PIC’s FAA-issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a Visual Observer (VO). The UAS must be operated within the visual

line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement

as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate

verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the duration of the

flight. The PIC must ensure that the VO can perform the duties required of the VO. The VO must not

perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other

ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

7. This exemption and all documents needed to operate the UAS and conduct its operations in

accordance with the conditions and limitations stated in this grant of exemption are hereinafter referred to

as the operating documents. The operating documents must be accessible during UAS operations and

made available to the Administrator upon request. If a discrepancy exists between the conditions and

limitations in this exemption and the procedures outlined in the operating documents, the conditions and

limitations herein take precedence and must be followed. Otherwise, the operator must follow the

procedures as outlined in its operating documents. The operator may update or revise its operating

documents. It is the operator’s responsibility to track such revisions and present updated and revised

documents to the Administrator or any law enforcement official upon request. The operator must also

present updated and revised documents if it petitions for extension or amendment to this grant of

exemption. If the operator determines that any update or revision would affect the basis upon which the

FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption.

The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or

revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior

to conducting further operations under this exemption. Functional test flights may only be conducted by a

PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be

conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a

condition for safe operation.
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10. Prior to each flight, the PIC must conduct a pre-flight inspection (including the Ground Control

Station) and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for

all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the

relevant sections of the operating documents. If the inspection reveals a condition that affects the safe

operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been

performed and the UAS is found to be in a condition for safe flight. All maintenance and alterations must

be properly documented in the aircraft records.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement,

inspection, and life limit requirements for the aircraft and aircraft components.

12. The UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. The PIC must have completed, at a minimum, FAA private pilot ground instruction and must have

passed the FAA private pilot written examination, as detailed in Annex A hereof.

If the FAA determines the above requested condition #13 unacceptable, Golder requests the following

alternative condition:

Under this grant of exemption, a PIC must hold either an airline transport, commercial, private,

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or

a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a

possession, or the Federal government. The PIC must also meet the flight review requirements specified

in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate the UAS for a commercial purpose unless the

PIC has demonstrated and logged the ability to safely operate the UAS in a manner consistent with how

the UAS will be operated under this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight

hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the

purposes of training the operator’s PICs and VOs (training, proficiency, and experience-building) and

determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be

operated under this exemption are permitted under the terms of this exemption. However, training

operations may only be conducted during dedicated training sessions. During training, proficiency, and

experience-building flights, all persons not essential for flight operations are considered nonparticipants,

and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14

CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations

must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules

(SVFR) are not authorized.

16. The UAS may not operate within 5 nautical miles of an airport reference point (ARP) as denoted

in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of

the airport symbol as denoted on the current FAA- published aeronautical chart, unless a letter of

agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the

exemption holder. The letter of agreement with the airport management must be made available to the

Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a

cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined

location within the private or controlled-access property.
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19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance

with the operating documents.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather

conditions) there is enough available power for the UA to conduct the intended operation and to operate

after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall

be conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or

amended COA if it intends to conduct operations that cannot be conducted under the terms of the

attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial number,

registered in accordance with 14 CFR part 47, and have identification (N- Number) markings in

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any

documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground

Control Station of the UAS any time the aircraft is operating. These documents must be made available to

the Administrator or any law enforcement official upon request.

24. The UAS must remain clear and give way to all manned aviation operations and activities at all

times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons,

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator must

ensure that nonparticipating persons remain under such protection. If a situation

arises where nonparticipating persons leave such protection and are within 500

feet of the UAS, flight operations must cease immediately in a manner ensuring

the safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted

permission for operating closer to those objects and the PIC has made a safety

assessment of the risk of operating closer to those objects and determined that it

does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under

this exemption.

27. All operations shall be conducted over private or controlled-access property with permission from

the property owner/controller or authorized representative. Permission from property owner/controller or

authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of

the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration

Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.
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5.0 FEDERAL REGISTER NOTICE SUMMARY

Rules from which Golder Seeks Exemption: Golder Associates Inc. seeks exemption from the

requirements of: 14 CFR Part 21 subpart H, 14 CFR 45.23 (b),14 CFR 61.113 (a) & (b),14 CFR

61.133(a), 14 CFR 91.7 (a), 14 CFR 91.9 (b) (2), 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 Subpart E (§§ 91.401 - 91.417).

A Brief Description of the Nature of the Exemption Golder Seeks:

The requested exemption would authorize Golder to conduct commercial operations using an Unmanned

Aircraft System (UAS) for mapping and survey purposes, in accordance with strict operating requirements

established by an Operations Manual and various FAA-required conditions. The UAS will be fitted with a

digital camera to take aerial photos of project sites, remote areas, geologic hazards, contaminated sites

and treacherous terrain. These photos will be used to support survey, photogrammetric modeling, visual

resonance and documentation. The exemption will relieve Golder from the airworthiness certificate

standards and the requirement to have a certificate of airworthiness for its UAS.

6.0 CONCLUSION

Golder requires an exemption in accordance with Section 333, and requires a civil COA to operate a UAS

in the National Airspace System for commercial use in a low-risk, controlled environment. Golder

respectfully requests that the Administrator grant this Petition for exemption to allow such commercial use

by Golder, for the purposes and under the conditions specified in this application.

Yours sincerely,

Golder Associates Inc.

Bob Anderson, Principal and Vice President, Western Region
U.S. Department of Transportation 8 July 13, 2015

FAA 333 eBee Exemption 071415.doc

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

Golder requests an exemption from the following regulations as well as any additional regulations that

may technically apply to the operation of the listed UASs:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of

air worthiness 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 the size,

weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS.

In all cases, an analysis of these criteria demonstrates that the UAS operated 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.

The 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 within a secured and

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and

monitored by both the PIC and under the requirements and in compliance with local public safety

requirements. These safety enhancements provide a greater degree of safety to the public and property

owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R.

Part 21, Subpart H.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

This regulation requires the display of an “N” registration mark on any US-registered aircraft. Additional

markings are required for limited or restricted category aircraft, experimental aircraft or provisionallycertificated aircraft on the entrance to the cabin, cockpit or pilot station.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will

have no entrance to the cabin, cockpit or pilot station on which a word such as “Experimental” can be

placed. Given the size of the UAS, two-inch lettering will be impossible. One of the purposes served by

these markings is to caution passengers on board such an aircraft (including any pilot) that it does not

meet all of the FAA’s requirements for a standard category certificate of airworthiness. As the UAS will

not carry any passengers, and otherwise will operate in accordance with strictly-controlled flight

parameters, the absence of such a warning on the UAS will not result in any reduction in the overall safety

of the operation.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command;

Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of

the United States, unless that person has a pilot certificate or special purpose pilot authorization issued

under this part in that person's physical possession or readily accessible in the aircraft when exercising the

privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign

country, a pilot license issued by that country may be used.
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The regulation provides also that no person that holds a private pilot certificate may act as pilot in

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in

command of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment;

(2) The aircraft does not carry passengers or property for compensation or hire.

We propose that our PIC must either:

1. Hold a Private Pilot Certificate issued by the FAA, and have logged 20 hours of flight experience

with this type of UA, or

2. Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which

the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private

Pilot written examination." Since there are currently no means available for the pilot of a UA to gain

the experience in an equivalent category and class in order to apply for a private pilot's license, we

propose to generate an equivalent level of safety by requiring our pilots to complete, at a minimum,

FAA private pilot ground instruction and pass the FAA Private Pilot written.

Since the aircraft cannot carry passengers or property, we feel that we meet the intent of 61.113

Subparagraph (b) even though the intent of this application is to conduct a business.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition.

Should the exemption be granted allowing commercial operation of the UAS without an airworthiness

certificate, no FAA regulatory standard will exist for determining the airworthiness. Given the size of the

aircraft and the various requirements contained in the Operations Manual, including 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 Manual in the Aircraft

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the

aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and

placards, or any combination thereof.

The UAS, given its size and configuration has no ability 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 flight manual at the

ground control point where the pilot flying the UAS will have immediate access to it.

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.

UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is

accomplished through 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 safety is

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the UAS’ limited

operational range, small dimensions and the use of lightweight materials in their construction, all of which
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reduce the risk of damage to surrounding structures in the event of an operator error that results in the loss

of the aircraft.

14 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.

As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned,

an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at

higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or

photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200

feet above the highest point on the structure. It will however be operated in a restricted area with security

perimeter, where buildings and people will not be exposed to operations without their pre-obtained

consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS 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 of the advance notice to the property owner and participants in the activity, all affected

individuals will be aware of the planned flight 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 these operations is far less than those presently presented with conventional aircraft

operating at or below 500 AGL. In addition, the low altitude operations of the UAS will ensure separation

between these UAS operations and the operations of conventional aircraft that must comply with Section

91.119.

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 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, pursuant to the safety check list

and live flight data monitoring, confirming the altitude of the launch site 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 beginning “a flight in an airplane under VFR conditions

unless (considering wind and forecast weather 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 night, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the 30 minute

reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length.

Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within 

a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable.

We believe that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions.

Operating the UAS, in a tightly controlled area where only people and property owners or official

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does
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not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of

the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the

exemption will be granted. We believe that an equivalent level of safety can be achieved by limiting flights

to 20% of battery power. This restriction would be adequate to return the UAS to its planned landing zone

from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the

following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of

this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit

entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there

is no ability or place to carry certification and registration documents or to display them on the UAS. 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 UAS.

14 CFR Subpart E (§§ 91.401 - 91.417) - Maintenance, Preventive Maintenance, and

Alterations

This regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy

condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require that the

aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and

inspection. Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness

certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records

of approval of the aircraft for return to service.

Golder proposes that UAS maintenance will be accomplished by the owner/operator according to the

maintenance manual, provided by UAS manufacturer. An equivalent level of safety will be achieved

because the UAS is small in size, it is not a complex mechanical device, it will carry no additional payload,

and it will operate only in restricted predetermined areas. Moreover, the operator is the person most familiar

with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an

equivalent level of safety. Finally, before every flight, the UAS executes an automated sequence of preflight tests to confirm that every sensor indicates normal operating parameters prior to launch. If a problem

is detected, an error message will be displayed on the flight management software and the UAS will not be

able to launch. The operator can then refer to the maintenance manual to troubleshoot this issue.