March 25, 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 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, CDG Engineers (“CDG”),a multi-discipline, full service engineering firm,

seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below to allow

commercial operation of its UASs so long as such operations are conducted within an under the

conditions outlined herein or as may be established by the FAA as required by Section 333.

The requested exemption would permit commercial operation of CDG’s UAS, which is a small,

multi rotor aircraft, weighing less than 30 lbs. including cargo and performs precision aerial

inspections or surveys that consist of still photographs or video taken by an onboard camera.

Applications for these UAS devices and associated data processing functions include mining

and professional surveying as well as inspections of difficult to reach equipment or structures.

Use of the UAS for aerial surveys and inspections reduces the need to operate conventional

aircraft or other equipment for the same purpose and provides very high quality imagery at a

fraction of the cost of surveys and inspections using conventional means. Likewise, inspections

of structures can be safely performed without endangering the inspector or inhibiting local

industrial or public operations with ladders, lifts or other equipment. These savings result in

enhanced efficiency and productivity for the affected activities, as well as environmental benefits

and potential savings in both cost and hazards to the public.

The name and address of the applicant is:

CDG Engineers

Attn: Lyle Hardin

One Campbell Plaza

Suite 3A

St. Louis, MO 63139

Phone: 314-466-3532

Email: LHardin@cdgengineers.com

One Campbell Plaza

St. Louis, Missouri 63139

T. 314 781 7770 F. 314 781 9075

www.cdgengineers.com
U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Page 2

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

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 national

airspace system (NAS) before completion of the rulemaking required under Section 332 of the

Reform Act. In making this determination, the Secretary is required to determine which types of

UASs do not create a hazard to users of the NAS or the public or pose a threat to national

security in light of the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). If the Secretary determines that such vehicles “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.” Id. §333(c) (emphasis added).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority by its terms includes exempting civil aircraft, as the term is defined under

§40101 of the Act, that includes UASs, from the requirement that all civil aircraft must have a

current airworthiness certificate.

CDG Engineers interprets this provision to place the duty on the Administrator to not only

process applications for exemptions under section 333, but for the Administrator to craft

conditions for the safe operation of the UAS, if it should be determined that the conditions set

forth herein do not fulfill the statutory requirements for approval.
U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Page 3

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. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49

USC §44704; 14 CFR §91.203 (a) (1).

CDG Engineers’ UAS is a multiblade rotorcraft (DJI Phantom II Vision), weighing less than 30

lbs. including payload. It operates under normal conditions at a speed of no more than 30 knots

and has the capability to hover, and move in the vertical and horizontal plane simultaneously. It

will operate only in line of sight of the pilot and will operate only within the project area. Such

operations will insure that the UAS will not create a hazard to users of the national airspace

system or the public.

Given the small size of the UAS involved and the restricted environment within which it will

operate, CDG Engineers falls squarely within that zone of safety (an equivalent level of safety)

in which Congress envisioned the FAA must, by exemption, allow commercial operations of

UASs to commence immediately. Also due to the size of the UAS and the restricted areas in

which the relevant UAS 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, reduction in

environmental impacts, including reduced emissions associated with allowing UASs for

inspection and survey operations, the grant of the requested exemptions is in the public interest.

Accordingly, CDG Engineers respectfully requests that the FAA grant the requested exemption

without delay.

Aircraft and equivalent Level of Safety

CDG Engineers proposes 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 because the proposed operations represent a safety enhancement to the already safe

photography and surveying operations conducted with conventional aircraft.

These limitations and conditions to which CDG Engineers agrees to be bound when conducting

commercial operations under an FAA issued exemption include:

1. The UAS will weigh less than 30 lbs.

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

3. Maximum total flight time for each operational flight will be 20 minutes. Flights will be

terminated at 25% battery power reserve should that occur prior to the 20 minute limit.
U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Page 4

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

5. Minimum crew for each operation will consist of the UAS Pilot and a Visual Observer.

6. UAS pilot will be a skilled UAS operator experienced in the type of UAS flown.

7. UAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the UAS

Pilot, who possess the necessary PIC qualifications, is also present that person can also

be designated as PIC.

8. The UAS will only operate within a confined Project Area.

9. A briefing will be conducted in regard to the planned UAS operations prior to aerial

activities. All personnel who will be performing duties within the boundaries of the safety

perimeter will be made aware of the UAS filght(s).

10. The operator will obtain the consent of all persons involved in the project and ensure that

only consenting persons will be allowed within 100 feet of the flight operation.

11. Pilot and observer will have been trained in operation of UAS generally and received upto-date information on the particular UAS to be operated.

12. Observer and pilot will at all times be able to communicate by voice and/or visuals.

13. Written and/or oral permission from the relevant property holders will be obtained.

14. All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental

agencies.

15. If the UAS loses communications or loses its GPS signal, the UAS will have capability to

return to a pre-determined location within the Security Perimeter and land.

16. The UAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies.

Description of Specific Regulations:

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes 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 CDG Engineers, 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 (0) 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. Our small UAS

will be operated at low speed in a controlled environment at least five miles from an airport. 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
U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Page 5

safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with an

airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 30 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured area. Like other civil aircraft, operations under this exemption will be tightly

controlled and monitored by the operator, pursuant to the Manual's requirements, and under the

requirements and in compliance with local public safety requirements, to provide security for the

area of operation as is currently done on active construction sites. The FAA will have advance

notice of all operations.

These safety enhancements, which already apply to civil aircraft operated in connection with

construction sites, 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. Lastly, application of these same criteria demonstrates that there is no credible

threat to national security posed by the UAS, due to its size, speed of operation, location of

operation, lack of explosive materials or flammable liquid fuels, and ability to carry an external

load no greater than two lbs.

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

This regulation requires certain experimental, provisionally certificated aircraft, or light sport

category aircraft to be marked with letters between 2 inches and 6 inches high "limited,"

“restricted," "light-sport," "experimental," or "provisional," near each entrance to a 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 the word

Experimental" can be placed. Given the size of the UAS, two-inch lettering will be impossible.

The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as

required by §45.29 (f) where the pilot, observer and others working with the UAS will see the

identification of the UAS as "Experimental." The FAA has issued the following exemptions to

this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Unlike a

conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with

no living thing or cargo on board. The area of operation is controlled and restricted, and all
U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Page 6

flights are planned and coordinated in advance. The risks associated with the operation of the

UAS are so diminished from the level of risk associated with commercial operations

contemplated by Part 61 when drafted, that allowing operations of the UAS as requested with a

pilot who is an experienced UAS operator exceeds the present level of safety achieved by 14

C.F.R. §61.113 (a) & (b).

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 certificate issued for the aircraft, should this

exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft and the requirements contained in the Manual for maintenance and

use of safety checklists prior to each flight, an equivalent level of safety will be provided.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

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. The FAA has

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299,

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the

safety of flight. An exemption is needed from this requirement as the pilot will take separate

preflight actions, including checking for weather conditions, checking flight battery requirements,

checking takeoff and landing distances, and all other actions in the Preflight Checklist in the

UAS Manual. These actions will provide an equivalent level of safety.

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.

By design, UASs and remotely piloted aircraft 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 previously approved exemptions for aircraft without fully
U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Page 7

functional dual controls. See Exemption Nos.5778K & 9862A. The equivalent level of safety

provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to

control the UAS via radio signals from the controller, and by the size and speed of the aircraft.

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 multirotor craft that flies similarly to a helicopter, with vertical take off and

vertical landing, which will typically operate at altitudes of 200 AGL so an exemption may be

needed to allow such operations. The UAS will never operate at an altitude higher than 400

AGL and will be in a restricted area, 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 any onsite personnel all affected individuals will be

aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft

weighing far more than the maximum 30 lbs. proposed herein and carrying flammable fuel, any

risk associated with our operations is far less than those presently presented with helicopters

and other conventional aircraft operating at or below 500 AGL in the industry. In addition, the

low-altitude operations of the UAS will ensure separation between these small 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 UAS Manual and Safety Check

list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions.

Our UAS is limited to operations in sterile and controlled environments and has a limited range

and flight time which require an exemption from 14 CFR 91.151(a).

The battery powering the UAS provides approximately 20 minutes of powered flight. This does

not meet the 30 minute reserve requirement in 14 CFR §91.151.
U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Page 8

CDG Engineers believes that an exemption from 14 CFR §91.151(a) falls within the scope of

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate

without compliance with FAR 91.151 (a)). Operating the small 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 not engender the type of risks that

Section 91.151(a) was intended to alleviate given the size and speed of the small UAS.

An equivalent level of safety can be achieved by limiting flights to 15 minutes, or enough battery

reserve to ensure that the UAS lands at the ground station with at least 20% of battery power

(as determined by the onboard monitoring system and the pilot), whichever happens first. This

restriction would be more than adequate to return the UAS to its planned landing zone from

anywhere in its limited operating area. Similar exemptions have been granted to other

operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in 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 30 lbs and is operated without an onboard pilot.

Therefore 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 flight

control point where the pilot flying the UAS will have immediate access to them, to the extent

they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A,

9797, 9797A, 9816A, and 10700.

14 CFR 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.
U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Page 9

Given these sections and Part 43 apply only to aircraft with an airworthiness certificate these

sections will not apply to CDG Engineers. Maintenance will be 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 mechanical issues arise the UAS

can land immediately and will be operating from no higher than 400 feet AGL. The operator will

ensure that the UAS is in working order prior to initiating flight, perform required maintenance,

and keep a log of any maintenance performed. Moreover, the operator is the 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:

CDG Engineers seeks an exemption from the following rules:14 C.F.R. §21, subpart H;

14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119;

91.121; 91.151(a);91.203(a) and (b); 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 (551bs or less) in

construction, mining, surveying, or inspection operations.

Approval of exemptions allowing commercial operations of UASs in the construction, mining,

surveying, or inspection industry enhances safety while reducing risk. Manned aircraft

monitoring and surveying creates a greater risk because the craft are much larger, have

combustible fuel, and carry an onboard human pilot. In contrast, a UAS weighing fewer than 30

lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and

lack of combustible fuel carried on board. The UAS will carry no passengers or crew and,

therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 30 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 CDG Engineers from the requirements of Part 21 and

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the

ground, and in a sterile environment and, as a result, are far safer than conventional operations

conducted with helicopters operating in close proximity to the ground and people.
U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Page 10

Privacy

All flights will occur over private or controlled access property with the property owner's prior

consent and knowledge. Images taken will be of individuals who have also consented to being

filmed or otherwise have agreed to be in the area where aerial photography will take place.

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 CDG

Engineers’ UASs in construction industry pursuant to the UAS Manual.

Specific Examples of Potential UAS use by CDG:

CDG Engineers currently has available a DJI Phantom II Vision to use if/when permission is

granted. Purchase of a similar yet more advanced model may be pursued at a later date. Use of

this tool would allow CDG to:

· Inspect existing inaccessible or difficult to access structures such as tops of river cells,

sides of bridges, industrial rooftops, and smoke stacks. This would save time and money

and public inconveniences by negating the need to mobilize large lift equipment or close

roads during bridge or public building inspections.

· Develop 3D models from imagery collected during flight. Using software to turn

photographs into scalable 3D models minimizes the need for tape measures and other

‘hands on’ surveying tools which can inhibit industrial and public operations as well as be

a safety issue to the employee and public.

· Develop land surveys quickly and inexpensively compared to conventional methods.

Aerial surveys can be conducted on small areas with the UAS negating the need for

large conventional aircraft and other conventional surveying devices which may inhibit

industrial or public operations.

· Enhanced public awareness. Many of CDG Engineers’ projects involve public places

such as bridges, biking/hiking trails, landfill closures, etc. The ability to use up to date

aerial photography will enable the client and the public to better understand the project.

Lyle Hardin

CDG Engineers

Design Technologies