September 2, 2015

Exemption No. 12729 Regulatory Docket No. FAA

− 20 15

− 1052

Mr. Dan Skaggs Principal
HSEarchitects 914 North Broadway Avenue, Suite 200 Oklahoma City, OK 73102

Dear Mr. Skaggs :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter s dated April 11, 2015, and July 23, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of HSEarchitects ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to
conduct aerial photography of building projects

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations an d
the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI F 550

, DJI F 450, and Steadidrone Q4D

.

In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in
reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation2

has determined that this aircraft meets the conditions of Sec tion 333. Therefore, the FAA
finds that relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The B asis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced s afety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives th e FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and
11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, HSEarchitects is granted an exemptio n from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, HSEarchitects is hereafter referred to as the operator.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by
instruments aboard the UA.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI F 550

, DJI
F 450, and Steadidrone Q4D when weighi ng 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 UA 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 UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the
aircraft manufacturer.

4. The UA 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 UA must be operated within vis ual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able 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 opera tions must utilize a visual observer (VO). The UA 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 ;

e lectronic 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.

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 hereinaf ter 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 pr ocedures 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 ope rating documents. It is the4

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 exem ption. The FA A’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 operati on.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection 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. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and
aircraft components.

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

13. 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew 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 perm it any PIC to operate unless the PIC demonstrates 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 pers ons, vessels, vehicles and structures. PIC5

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 (traini ng, proficiency, and experience

- build ing) 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 dedic ated training sessions. During
traini ng, 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 accord ance 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 UA 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 symbo l as denoted on the current
FAA

- publi shed 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 it s GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (cons idering 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 Traffi c Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted 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

num ber, 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.6

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 enforcem ent official upon request.

24. The UA 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
tha t nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipa ting 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 control led

- access property with permission from the prop erty 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 vert ical boundaries of the operational area as defined by the applicable COA must be reported
to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions
containe d on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times f or all flights;
b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;
d. Make, model, and serial or N− Number of UAS to b e used;

e. Name and certificate number of UAS PICs involved in the aerial filming;
f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and
h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on September 30, 2017

, unless sooner superseded or rescinded.

Sincerely,

/ s/
John S. Duncan Director, Flight Standards Service

EnclosuresRequest for Section 333 Exemption Photography

April 11 2015

by/for

Dan Skaggs

HSEarchitects

This document constitutes an exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012 for Aviation Unmanned to perform Aerial Photography by/for Dan Skaggs of HSEarchitects. The main use of this UAS would be taking architectural photos of building projects to document the condition of these projects before, during and after construction.

I plan to use the following UAS: DJI 550 hexacopter with NAZAv2 flight controller; DJI 450 quadcopter with Pixhawk Arducopter flight controller; Steadidrone Q4D quadcopter with NAZAv2 flight controller. These systems will be referenced in this document and I have attached user manuals and related

documents. Following are links to Steadidrone and Arducopter Pixhawk flight controller information and manuals: (Steadidrone) http://www.steadidrone.com/techsupport ; (Pixhawk) http: //copter.ardupilot.com/wiki/common

- pixhawk

- wiring

- and

- quick

- start/

1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by always flying the UAS within visual eye contact, less than 400 ft above ground and never dire ctly above persons or public places. The orientation of flights will be such that the pilot in command (PIC) always has a visual on the rear mounted LED flight Indicator. Additional safety features on all machines referenced above include, return to home, low voltage, enhanced failsafe live telemetry feed (includes battery level, altitude, distance from home, heading, RSSI signal strength, etc.).

2. Pre

- flight inspection would be checking battery condition/level in both the transmitter and UAS. The binding/ link feature will not let the UAS start if communication is not established. A check for power

lines, antennas and other overhead objects would be performed. Wind conditions would be monitored and be a factor for flying.

3. The operating radio frequency wi ll be 2.4 GHZ range. Maximum take

- off weight less than 1350g. Max Ascent/decent speed 6 m/s. Maximum flight Velocity 10 m/s.

4. The PIC will be only myself and I have a minimum of 100 hours flying time with referenced machines. I have been a registered and practicing architect for over 15 years. I have over 3 years of experience in RC model aircraft as a hobbyist and am a current member of the AMA. I’m in good medical health and

sound mental health. No arrests or felonies.

5. Testing, updating and programm ing of the firmware on all UAS referenced above would be done on a monthly schedule with extensive test flights after updates performed at a model aircraft flying field.6. The intended use of the above referenced UAS will be to accurately and safely docum ent conditions

of building projects for reference, inspection and other architectural purposes.

7. All photo/video flights for hire would have the date, time, GPS coordinates along with the camera metadata recorded on a hard drive and also backed up to a D VD. This data would be kept readily available for a period of 1 year after each aerial flight for hire.

8. UAS under this petition will not be flown at night and never in the flight path of manned aircraft.

Respsectfully,

Dan Skaggs

HSEarchitects

914 Nor th Broadway Ave, Suite 200

Oklahoma City, Oklahoma 73102

Office: (405)526

- 1303

Cell: (405)919

- 9662Amendment to 4/11/2015 Request for Section 333 Exem ption Photography

July 23, 2015

by/for Dan Skaggs

HSEarchitects

To:
Brenda Roberson Program Analyst, Airmen and Airspace Rules Division

Please accept this amendment in response to your le tter of July 6, 2015.

Regarding information required under 11.81 (b) We are requesting exemption from the following sect ions of 14 CFR: §§ 61.113(a); 91.7(a); 91.119(c); 91.121; 91.151(a) (1) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) an d (2); 91.417(a) and (b) of Title 14, Code of Federal Regu lations (14 CFR) allowing us to operate the UAS for the purpose of conducting aerial photography on archite ctural project and construction sites.

Allowing these requested exemptions would be in the public interest and have the following public

benefits:

1) Use of UAS aircraft would allow a safe aerial v ideo inspection of building conditions to be conduc ted,

which would not be feasible with the use of much la rger manned aircraft.

2) Use of UAS aircraft would allow a safe aerial vi deo inspection of building conditions to be conduct ed, without the use of larger construction grade (lifts , cranes, etc) equipment and personnel along with t heir elevated safety risk concerns.

3) Often we are faced with designing solutions for the repair and renovation of damaged existing buildings which requires exploratory inspection of damaged structures and roofs. The use of UAS in these scenarios would be of great benefit by reduci ng potential hazards of conducting inspections by use of personnel and equipment directly on these ex isting buildings.

4) Use of UAS aircraft would allow a safe aerial vi deo inspection of building conditions to be conduct ed, at less expense and with less potential constructio n intrusion that can affect the immediately surrounding neighborhood if large equipment is requ ired.

5) Use of UAS aircraft would allow a safe aerial ph otography of completed building projects, without t he use of larger photography equipment and/or manned a ircraft.

Thank you for your consideration,

Dan Skaggs, principal, HSEarchitects