### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _________________

In the Matter of Peti tion for Exemption of:

N.K. Bhandari Architectu re & Engineering, P.C.

For an Exemption from t he requirements of the Code of Federal Regulations Sections Concerning Operation of an Unmanned Aircraft System

Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

Submitted October 6, 2015 by:

N.K. Bhandari Architectu re & Engineering, P.C. Christopher Resig, President 1005 West Fayette Street

Suite 4A Syracuse, NY 13204 Telephone: (315) 428-1177 Fax: (315) 428-9822 Email: cresig@nkbpc.comTable of Contents

1. Petitioner’s Description 2. Relevant Statutory Authority 3. Qualifications for Approval under Section 333 of the Reform Act 4. Training and Pr oposed Operations 5. Regulations from whic h Exemption is Requested

6. Public Interest 7. Privacy 8. Publication Summary

9. Conclusion

Terminology/Acronyms Used in this Document

AGL Above Ground Level ATO Air Traffic Organization

COA Certificate of Wa iver or Authorization

FAA Federal Aviation Administration FAR Federal Aviation Regulations GPS Global Positioning System

IMU Inertial Measurement Unit NAS National Airspace

NKB N.K. Bhandari Architec ture & Engineering, P.C.

NOTAM Notice to Airmen

PIC Pilot in Command UAS Unmanned Aerial System VFR Visual Flight Rules VLOS Visual Line of Sight

VO Visual Observer1) Petitioner’s Description

N.K. BHANDARI Architecture & Engine ering, P.C. (NKB) is an engineering and architecture consulting firm based in Sy racuse, NY. For over 35 years, NKB has delivered outstanding investigat ion and design services including performing condition assessments for a broad spectrum of co mmercial, industrial, higher education, municipal, state, and federal government clients. In doing so, NKB has cultivated a deep respect and adherence to all local, state, and f ederal regulations as well as outstanding relationships with personnel in each organization with whom we have worked.

NKB wishes to continue its ever evolving lis t of services with an exemption, pursuant to

Section 333 of the Federal Aviation Admini stration (FAA) Modernization and Reform Act of 2012 (the Reform Act), from Federal Avia tion Regulations (FARs) identified below, allowing commercial operations of small unmanned aircraft systems (UAS).

The petitioner’s contact information is as follows:

N.K. Bhandari Architectu re & Engineering, P.C. Christopher Resig, President 1005 West Fayette Street

Suite 4A Syracuse, NY 13204 Telephone: (315) 428-1177 Fax: (315) 428-9822

Email: cresig@nkbpc.com

2) Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) of the Reform Ac t. Congress has directed the FAA “to safely accelerate the integration of civil unm anned aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to consider whether certain UAS may operate safely in the National Airspace (NAS) before completion of the formal UAS rulemaki ng, based on the following considerations:

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

 Operation of the UAS in close proxim ity to airports and populated areas; and

 Operation of the UAS within the vi sual line of sight of the operator.

Pursuant to 49 U.S.C. § 44701 (f), the FAA Administrator has authority to grant exemptions if the r equest is found to be in the public interest.3) Qualifications for Approval under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval

under Section 333 of the Reform Act. Each of the statutory criteria and other potential

relevant factors are satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS under controlled conditions in airspace that is : (1) identified; (2) predetermined, and; (3)

controlled as to access. The use of UAS would also provide a higher level of safety than exists when investigation and assessment pr ofessionals are asked to gain access to elevated locations via boom lift, swing scaffold ing, boatswain’s chair, or rope access, and is therefore in the public interest.

The UAS to be used weighs less than 3.5 pounds, including payload. Operation of the aircraft will be limited to use during ideal weather conditions (good visibility, no precipitation, and winds under 15 knots). The aircraft has the ability to hover and move in the horizontal and vertical planes simultaneously. The U AS will be operated at speeds less than 27 knots. At all times, t he UAS will be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) with the aid of a Visual Observer (VO).

4) Training and Proposed Operations

I. Training

NKB has established a training program for the PIC and VO. T he PIC will be an FAA licensed airman with a minimum of a sport pilo t certificate and a valid drivers license.

The VO will assist the PIC in all UAS operations from the onset of training and hold considerable knowledge in the use and ma intenance of UAS. Th e PIC training will involve 25 hours of UAS flight training. Th is training will inclu de 250 flight cycles (takeoffs and landings) and at least 10 of the 25 hours will involve the DJI Phantom 2 that will be used in NKB’ proposed UAS operati ons. All pilot training will be documented

in the NKB Pilot and Aircraft Logs

.

II. Proposed Operations

Proposed UAS operations by NKB would be limited to certain projects whose location is

suited for the safe use of the UAS. The use of the UAS will be evaluated prior to and specifically for each project’s vicinity. NKB seeks to use UAS in its ever-evolving inspection and facility condition assessment services. The requested exemption would allow NKB to provide inspection services to consumers interested in aerial data capture using a small, technologi cally advanced UAS for:

 Buildings

 Roads and Bridges

 Chimneys

 Dams Other infrastructure

The proposed operations will o ccur over private and/or co ntrolled access property with the owner’s prior consent. In the event operat ions will be conducted over public lands, a pre-determined area will be ident ified and all permissions will be acquired from official personnel and affected organizations. The ar ea for operations will be pre-determined, limited, and controlled as to access.

All operations will follow par ameters set forth in the NKB Flight Operations Manual as follows:

 With an FAA granted exemption, NKB wi ll obtain an Air Tra ffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) for each UAS operation. In accordance with the COA, NKB will request a Notice to Airmen (NOTAM) not more than 72 hours in advance, but no less than 48 hours prior to the operation.

 All UAS operations will involve a minimum of two (2) NKB personnel, consisting of the PIC and VO.

 Flights will only occur in favorable weather conditions during daylight hours. Weather affecting operations include, but are not limited to, low light conditions (dawn/dusk), precipitation, wind above 15 knots, limited visibility due to fog or clouds, and lightning.

 All UAS flights will remain in visual line of sight (VLOS) at all times.

 When flights occur within 5 nautical m iles of an airport reference point, NKB will obtain a letter of agreement wit h the airport’s management and conduct operations in accordance with a NOTA M, as required by the approved COA.

 UAS flights will be terminated at 30 minutes or when battery power is reduced to 25%, whichever comes first.

 The UAS is programmed to not fly above 400 feet above ground level (AGL).

 When necessary, the UAS may also be programmed to not fly outside of a designated, controlled area.

 PIC will be an FAA licensed airman with a minimum of a sport pilot certificate

and a valid U.S. drivers license.

 The UAS will weigh less than 3.5 pounds including payload.

 The UAS will operate at speeds under 27 knots.

 The UAS has the capability to hover in place, and move in the horizontal and vertical planes simultaneously.

 The PIC will routinely reference the NKB UAS Flight Checklist during operations to ensure the maintenance and airworthiness of the aircraft, and to ensure general safety dur ing flight operations.

 NKB will follow the UAS manufacturer’ s maintenance, overhaul, replacement, inspection, and life limit requirements.III. Unmanned Aircraft System

NKB’s proposed UAS operations would use a Phantom 2 quadcopter with a Zenmuse H3-2D camera gimbal, both manufactured by DJI. The Zenmuse H3-2D camera gimbal will hold one of two configur ations: a) GoPro Hero 4 for capturing photographs and video or b) FLIR Quark 2 modul e with a closed circuit camera for capturing infrared and visual spectrum images simultaneously. The to tal weight of the Phantom 2 including payload in its heaviest configuration is 3 pounds, 3 ounces.

The aforementioned Phantom 2 ut ilizes the DJI Naza-M V2 flight control system. The aircraft has the capability to hover, and move in the vertical and horizontal plane simultaneously. The aircraft is equipped with a global positioning system (GPS), Inertial Measurement Unit (IMU), and Compass that work in unison to stabilize the aircraft and provide safety features. The aircraft can be programmed to not fly above 400 feet AGL and to not fly outside of a pre- determined flight zone. These systems will also initiate the

failsafe function. If the aircraft loses the signal from the transmitte r, the GPS system will automatically initiate the failsafe mode and fly the airc raft back to a pre-determined location and land automatically.

5) Regulations from whic h Exemption is Requested

NKB seeks exemption of the following FAR’s I. 14 CFR Part 21, Subpart H: Airw orthiness Certificates and 14 CFR § 91.203(a)(1) II. 14 CFR § 61.56 Flight review III. 14 CFR § 61.113: Private pilot priv ileges and limitations : Pilot in command IV. 14 CFR § 91.7(a): Civil aircraft airworthiness V. 14 CFR § 91.119(c): Minimum safe altitudes VI. 14 CFR § 91.121: Altimeter settings VII. 14 CFR § 91.151(a): Fuel requirement s for flight in VFR conditions (day) VIII. 14 CFR §§ 91.405(a): Maintenance re quired; 91.407(a)(1): Operation after maintenance, preventative maintenance, rebuilding, or alteration; 91.409(a): Inspections; 91.417 (a)(b): Maintenance records

a) 14 CFR Part 21; Subpart H: Ai rworthiness Certificates and 14 CFR §91.203(a)(1)

NKB requests an exemption from 14 CFR Part 21, Subpart H, which establishes the procedures for attaining airworthiness certif icates required by 14 CFR § 91.203(a)(1). The Reform Act allows the FAA to exempt aircraft from the requirement of an

airworthiness certificate in consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS.

Equivalent Level of SafetyThe UAS to be operated is the DJI Phantom 2, weighs less than 3.5 pounds including payload, carries no pilot or passengers, carri es no flammable liquid fuels, and operates within a pre-determined flight zone. Furt hermore, the PIC and VO will determine the

airworthiness of the Phantom 2 prior to each flight, by adhering to safety guidelines set

forth in the Phantom 2 User Manual , the NKB Flight Operations Manual , and the NKB UAS Flight Checklist

.

b) B. 14 CFR § 61.56: Flight review

NKB requests exemption from 14 CFR § 61.56, which subjects the pilot in command (PIC) to flight review requirements consisting of one (1) hour of flight time in an aircraft

in which the PIC is rated on his or her pilot certificate and one (1) hour of ground training. The flight review requirements se t forth in 14 CFR § 61.56 would have little relevance to the safe operation of the sma ll UAS intended for use in NKB’s operations.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the training procedures in the

Phantom 2 User Manual and the NKB Flight Operations Manual. The NKB Flight Operations Manual requires the PIC to be subject to test, or currency flights, in between and leading up to official operatio ns to ensure skills and safety. Currency flights will occur on a monthly basis, as needed, and consis t of at least one (1) hour of flight with the DJI Phantom 2, incl uding at least 10 take-offs and landings.

c) C. 14 CFR § 61.113: Private pilot priv ileges and limitations: Pilot in command

NKB requests an exemption fr om 14 CFR § 61.113, limiti ng private pilots to noncommercial operations. However, the UAS will not carry pilots, passengers, or any living thing and be restricted to a flight zone that is predet ermined and controlled as to access. The risks associated with the UAS oper ations are far diminished from the risks associated with commercial operations envisi oned by 14 CFR Part 61, when drafted.

Equivalent Level of Safety

Proposed UAS operations will obtain an equival ent level of safety, as the aircraft will carry no living thing on board. The level of sa fety provided by the requirements set forth

in the NKB Flight Operations Manual exceeds that provided by a single individual holding a commercial pilot certificate operating a conventional aircraft.

d) D. 14 CFR § 91.7(a) Civi l aircraft airworthinessNKB requests an exemption from 14 CFR § 91.7(a), which requir es that civil aircraft be in airworthy condition to be operated. Sinc e the Phantom 2 has no airworthiness certificate, there is no regul atory standard for determining t he airworthiness of the UAS.

Equivalent Level of Safety

In accordance with 14 CFR § 91.7(b), the PIC will determine whether the UAS is in a condition for safe flight by complying with procedures in the Phantom 2 User Manual

, the NKB Flight Operations Manual , and the NKB UAS Flight Checklist

.

e) E. 14 CFR § 91.119(c) Minimum safe altitudes

NKB requests an exemption fr om 14 CFR § 91.119(c), which establishes minimum safe altitudes “over other than congested areas,” in which an aircraft below 500 feet AGL may not operate closer than 500 f eet to any person, vessel, v ehicle, or structure. In order to provide the intended inspection serv ices, the UAS will be operated below 500 feet AGL and closer than 500 feet to per sons, vessels, vehicles, and structures.

Equivalent Level of Safety

Operation of the UAS is safer than traditional aircraft due to its small size, light weight, lack of flammable fuel, and limited speed. A dditionally, no flight will occur without the permission of the property ow ner or local officials. Wi th advanced notice given, all property owners and affected persons will be aw are of all UAS operations. The UAS will be operated in a restricted and controlled area. Under no circumstances will the UAS be operated so close to persons, vessels, vehicles , or structures as to present an undue

hazard.

f) F. 14 CFR § 91.121: Altimeter settings

NKB requests an exemption fr om 14 CFR § 91.121, which st ates that when operating below 18,000 feet MSL, aircraft not equipped with a radio shall set an altimeter to the elevation of the departure air port or an appropriate altimete r setting available before departure. An exemption is required becaus e the UAS is not equipped with a userconfigurable barometric altimeter.

Equivalent Level of Safety

Complying with the pre-f light procedures in the Phantom 2 User Manual and verifying

the GPS altitude before each f light will provide an equivalent level of safety. During flight, the Phantom 2 provides an Above Gr ound Level (AGL) reading in relation to its

takeoff location. The altitude will be closel y monitored during flight, keeping the UAS below 400 feet AGL, ensuring op erations at safe altitudes . Furthermore, the UAS will

remain within VLOS of the PIC and VO at all times.

g) G. 14 CFR § 91.151(a): Fuel requirements for flight in VFR conditions (day)NKB requests an exemption fr om 14 CFR § 91.151(a), which states than no person may begin a flight unless there is enough fuel to fly to the first poi nt of intended landing and, assuming normal cruising speed to fly after t hat for at least 30 minutes. The battery powering the Phantom 2 provides approximately 25 minutes of total flight time. It is therefore impossible for the UAS to meet the requirement of this section.

Equivalent Level of Safety

Planning all flights with the in tent to land after 30 minutes or at 25% battery power remaining, whichever comes first, will provide an equivalent level of safety. Additionally, unlike traditional aircraft, the UAS will al ways be within VLOS of the PIC and will have no significant transit time to or from the landing area. NKB will on ly operate the UAS in daytime conditions, visual flight rules, and within VLOS.

h) 14 CFR §§ 91.405(a) Maintenance re quired; 91.407(a)(1) Operation after maintenance, preventative maintenance, rebuilding, or alteration; 91.409(a) Inspections; 91.417(a) and (b) Maintenance records

NKB requests an exemption from the maintenance and inspec tions requirements of 14 CFR § 91.405(a), 91.407(a)(1 ), 91.409(a), and 91.417(a) a nd (b). These regulations apply to maintenance of aircraft holding an airw orthiness certificate, which the Phantom

2 does not have. Therefore an exemption is required.

Equivalent Level of Safety

An equivalent level of safety will be achieved by ensuring that the UAS is in working order prior to initiating fli ght, performing required maintenanc e, and keeping a log of any maintenance performed. All maintenance and inspections will be performed in

accordance with the Phantom 2 User Manual and the NKB Flight Operations

Manual

.

6) Public Interest

An exemption for NKB to use UAS commerciall y would help to fulfill Congress’ goal in assessing whether certain UAS may operate safely in the NAS.

The exemption is in the public interest as it offers a safer and more cost-effective option than other traditional inspection methods fo r performing facility condition assessments and inspections of buildings, site developmen t, chimneys, stacks, bridges, roads, dams,

and other infrastructure.

The use of a small, relatively inexpensive, an d lightweight UAS offers a safer alternative to boom lift, swing scaffolding, or boatswai n’s chair methods. Such methods put human climbers on these structures, exposing them to the inherent risks of working at extreme heights. A small UAS is also a safer alte rnative method than the use of articulatingboom cranes for under-bridge inspections. Thes e methods subject human operators to the risk of falls from heigh t, entrapment due to mechanical failures, and the dangers of moving traffic nearby. Furthermore, these met hods require coordination to close traffic lanes, reducing traffic flow. Vehicles, in cluding the boom truck and associated work vehicles, are parked in lanes directly adjac ent to moving traffic putting public motorists

and workers at increased risk.

Lastly, UAS operations would provide a higher level of safety than inspection services for buildings, chimneys, bridges, stacks, road s, dams, and other infr astructure utilizing manned aircraft. Such operations put pilots and crewmembers at ri sk. Lightweight and powered by batteries, the UAS provides a mu ch safer option than that of a large and extremely heavy aircraft laden wi th highly flammable fuel.

7) Privacy

As mentioned above, all flights will occur in an area that is pre-determined, limited, and controlled as to access. Privacy will not be an issue where flights occur over private property. In the event flight s will occur over public lands, prior permission will be requested from all official personnel and or ganizations relevant to the pre-determined flight zone. Additionally, not ices will be posted al ong the perimeter of the flight area to inform the general public of the flight activities taki ng place within the designated perimeter.

8) Publication Summary

The petitioner, N.K. BHAN DARI ARCHITECTURE & ENGINEERING, P.C., seeks exemption from the following rules to commercially operate UAS in the National Airspace for inspections of: (1) buildings, (2 ) building site development, (3) chimneys & stacks, (4) bridges and roads, (5) dams & other water structures, and (6) other

infrastructure.

14 FR Part 21, Subpart H: Airworthin ess Certificates and 14 CFR § 91.203(a)(1) 14 FR § 61.56 Flight review 14 CFR § 61.113: Private pilot pr ivileges and limitations: Pilot in

command 14 CFR § 91.7(a): Civ il aircraft airworthiness 14 CFR § 91.119(c): Mi nimum safe altitudes 14 FR § 91.121: Altimeter Settings 14 FR § 91.151(a)(1)(2): Fuel requirement s for flight in VFR conditions (day) 14 CFR §§ 91.405(a): 91.407(a)(1):

91.409(a): 91.417(a)(b): Maintenance required; Operation after maintenance, preventative maintenance, rebuilding, or alteration; Inspections;

Maintenance records