1 LT Environmental ’s Petition for Exemption For Purposes of Operating Small Unmanned Aircraft System

FAA Rules D ocket :

____________

Name and Address of Petitioner

LT Environmental, Inc. 4600 West 60th Avenue Arvada, CO 80003 Prepared by
Leptron Unmanned Aircraft Systems, Inc. 2650 East 40 th Avenue Denver, CO 80205 (303) 384

- 34692

A. Summary

LT Environmental, Inc. seeks exemption from the requirements of 14 C.F.R. §§ 45.27(a),

61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii)
, 91.151(b)
, 91.405(a), 91.407(a)(1),

91.409(a)(1) and (2), and 91.417(a) and (b) . This exemption will permit LT Environmental , Inc.
to operate an unmanned aircraft system while keeping the documents required by the regulations
immediately accessible to the pilot in command. Furthermore, the exemption will relieve LT

Environmental, Inc. from the airworthiness certificate standard s and the requirement to have a
certificate of airworthiness issued for its Unmanned Aircraft System (UAS). This exemption
will also permit any required markings concerning the operational status of the UAS to be
displayed on fuselage of the unmanned airc raft.

B. Introduction

LT Environmental, Inc. (hereinafter referred to as “ LTE ”) has recently acquired a Leptron

RDASS Unmanned Aircraft System (hereinafter referred to as the “Leptron RDASS ”). As set

forth in this Petition, LTE seeks to operate its Leptron RDASS for the special purpose of aerial
data collection while seeking the highest standards of operations and safety.

Pursuant to 14 C.F.R. § 11.81 ( Petition for Exemptions .)
, LTE provides the following

information in support of its petition:

C. Background

1. LEPTRON RDASS

LTE seeks an exemption to operate a Leptron RDASS for compensation or hire within the

national airspace system (“NAS”) 1

. The Leptron RDASS is comprised of an airborne unmanned

1 LTE has reserved registration number N 103LP , and will submit an Aircraft Registration Application upon the grant of the exemptions sought by this petition.3

aircraft and is optionally equipped with a transportable ground control station. The Leptron

RDASS has a maximum gross weight of approximately 7 pounds, while having a wingspan of

22 inches and a length of 15 inches ( rotor shaft

– to rotor shaft). The Leptron RDASS unmanned

aircraft is equipped with four (4) rotors connected to four (4) electric motors driven by a Lithium
Polymer battery.

Figure 1 depicts the Leptron RDASS with registration number displayed in

accordance with 14 C.F.R. Part 45.

2. Proven Operational History of the Leptron RDASS in the NAS

.
The Leptron RDASS is currently operating safely within the NAS pursuant to
approximately three (3) Certificates of Authorization (“COA”) granted by the Federal Aviation

Administration (“FAA”) to the City of Austin Fire Department, Homeland Surveillance, and
Leptron Industrial Robotic Helicopters, Inc.

D. Basis for Petition 

## N 103LP4

LTE
, pursuant to Federal Aviation Regulations (FAR) ( 14 C.F.R. § 11.61) 2 and the FAA

Modernization and Reform Act of 2012 (“FMRA”), Section 333, Special Rules for Certain

Unmanned Aircraft Systems (“Section 333”), hereby respectfully petitions the Administrator for

an exemption from the requirements of 14 C.F.R. §§, 45.27(a), 61.113(a) and (b), 91.7(a), 91.105,

91.119(c), 91.121(a)(1)(iii)
, 91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a)

and (b)

.
1. Section 333
Congress identifies Section 333 as a pathway for “expedited operational authorization” of
certain unmanned aircraft systems (“UAS”) in the national airspace system (NAS). Section

332(b)(1) ( “expedited operational authorization.” )

. 3 Under Section 333 Cong ress mandates that
the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national
airspace system before completion of the plan and rulemaking required by section 332 of this
Act or the guidance required by section 334 of this Act” (Section 333(a)) upon consideration of

its “ size, weight, speed, operational capability, proximity to airports and populated areas, and
operation within visual line of sight.” Section 333(b)(1). If the FAA makes such a determination,

the FAA “s hall [also] establish requirements for the safe operation.” Section 333(c)

. The FAA
further may find that the UAS does not require “airworthiness certification under section 44704 of

title 49, United States Code.” Section 333(b)(2).

2. 49 U.S.C. § 44701
The FAA is further authorized to grant exemptions from its safety regulations and

minimum standards under 49 U.S.C. § 44701 (“Section 44701”) “if the Administrator finds

2 14 C.F.R. § 11.61 (b) (“ Using a petition for exemption, you may ask FAA to grant you relief from current regulations in 14 C.F.R.”) 3 See also www.faa.gov/uas/legislative_programs/section_333/ (noting that Section 333 grants the FAA “the statutory flexibility to expedite requirem ents for the safe operation of certain aircraft systems in the NAS.”).5

the exemption is in the public interest.” Section 44701(f) (authorizing the grant of
exemptions from safety regulations and minimum standards under section 44701(a) and (b) and

sections 44702

- 44716). 4

For the reasons addressed herein, this Petition qualifies for expedited approval of

LTE ’s request for exemption un der both Sections 333 and 44701.

E. The Leptron RDASS UAS Meets the Statutory Criteria for Exemption under Section 333

Given its small size, light weight, slow speed, limited load capacity, superior
operational capabilities, and that the operations will be conducted only during the day, under
visual meteorological conditions (“VMC”), within visual line of sight (“VLOS”) of the Pilot In
Command (“PIC”) with the assistance of a visual safety observer (“VO”) and not in the proximity
of airports or populated areas, the Leptron RDASS UAS is the very sort of UAS that qualifies
for expedited approval under Section 333.

1. Section 333(b)(1) Criteria

a. Size
The Leptron RDASS measures approximately 22 inches in rotor span and 15 inches in
length (from prop shaft to prop shaft).

b. Weight
The Leptron RDASS has a maximum gross weight of 7 lbs.

c. Speed

The Leptron RDASS has a maximum autopilot limited speed of approximately 1 5
meters per second (m/s) (29 knots) . However, LTE typically operates the aircraft at below 10

4 See e.g. 49 US C §44711 ( a ) ((1) prohibiting operations without airworthiness certificate; (2) prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in violation of regulations) ; 49 US C §44 7 04 (issuance of airworthiness certificate); 14 C.F.R. §91

. 203 ( a ) ( 1 ) (carry airworthiness certificate)).6

m/s (19 knots)

.

d. Operational Capability

T he Leptron RDASS was specially designed for high or low altitude surveillance,
photography, and sensor management. Supported by electric batteries that are rechargea ble , the

Leptron RDASS can fly from 15

– 30 minutes ( depending upon atmospheric conditions) and
carry a variety of cameras or sensors. Other Operational metrics of the Leptron RDASS are as

follows:

Unmanned A ircra f

t Sys tem Make: LEPTRON

Model: RDASS

The Leptron RDASS is an UAS that is comprised of an unmanned aircraft and is optionally equipped with a transportable ground control station. Serial No.

UA D ime ns i ons Rotor Diameter: 22 in.
Length : 381 mm

– 15 inches ( rotor shaft to rotor shaft)

Engine (Propulsive U nit ) Engine (Propulsive Unit) The aircraft uses four (4) electric motors

Electric

- powered propulsion systems.

a. Type of Motor

– four (4) electric motors ( P/N 17606417 )

b. Max Load: = 10 Amps

Rotor a nd Rotor Limit s FAA Rotor Type Certificate: None

Rotor Type: four (4) x 1

- blade, non

- hinged, reinforced plastic

ABS and Glass, fixed pitch, tractor

Diameter (Nominal): ( 4) individual blades x 11 in. Battery Command & Control 22 Volt Lithium Polymer Battery ( P/N 17600541) powers the motor, and battery command and control.

Airspeed Limits V ne (Never Exceed Speed) 2 9 knots ( 15 m/s)
Landing Speed: VTOL

– Vertical 300 feet per minute (ft/min) ( 1.5 m/s ) Empty Weight C.G. Range 1 inches fore or aft of datum Datum Center of main air frame7

Maximum Weight 7 lbs.

Empty Weight 3.3 lbs. (1.5 Kg )
NOTE: Empty Weight excludes weight of battery and payload modules.

Frequencies 2.4 GHz (ISM Band) and 5.8 GHz
NOTE: FCC license is not required to utilize the above frequencies; uplink and downlink are on the 900Mhz band. If video is utilized, uplink, downlink, and video are all on 2.4 GHz. Computer Software Avionics embedded processor

– DJI A2 Autopilot, Compass
, and GPS Max. Operating Altitude 1,000 ft. AGL (304 M)

Control Surface Movements Four (4) Fixed pitch rotor blades. Variable speed motors and speed controllers

Nominal Endurance 30 minutes above 32 °F (0 °C)

15 minutes below 32 °F (0 °C)

Ambient Outside Air Temp Maximum OAT: 120 °F (49 °C)

Minimum OAT At Altitude: 0 °F Wind Limitation 10 m/s (20 knots)

Maintenance This Leptron RDASS must be maintained in accordance with the Leptron Inspection and Maintenance Manual, or later FAA accepted revision.

e. Proximity of Airports/Populated Areas

F light o pe r a t i ons pursuant to t h i s Petition w i l l be t i g h t l y con t r o ll ed and restricted to
Class G airspace , which is defined as earth surface up to 1,200 feet above ground level and earth
surface to the base of controlled airspace (Class B, C, D, and E), and not in the proximity of
airports or populated areas

. The Leptron RDASS will not be operated within 5 nautical miles of
the geographic center of a non

- towered airport unless a letter of agreement with that airport’s
management is obtained, such letter to be made available to the Administrator upon request, and
the operation is cond ucted in accordance with a NOTAM as required by the operator’s COA.
Operations will avoid congested or densely populated areas and comply with 14 C.F.R. 91.119

.

f. Visual Line

- of

- Sight8

T he Leptron RDASS will at all times be flown by LTE only in the daytim e (not at night)
under VMC within VLOS of the PIC (typically within a range less than 500 feet) with the further
assistance of a VO with whom the PIC will have the ability for direct and continuous verbal

communications 5 so as to ensure that the flight operations remain w i t h i n the PIC’s VLOS and
prescribed flight boundaries and deconflict with objects in the air and on the ground. Thus,
pursuant to the FAA’s Interim Operational Approval Guidelines for UAS the proposed

op erations provide an approved method of control and collision avoidance to satisfy the “see and
avoid” requirement of 14 C.F.R. § 91.113 :
While considerable work is ongoing to develop a certifiable “detect, sense, and avoid” system, no current solution exists. Compliance with the “see and avoid” aspect of 14 C.F.R. 91.113, Right

- of

- Way Rules: Except Water Operations , becomes one of the prima ry issues in UAS operational approvals. As a result, alternate methods of compliance are required to accomplish the “see and avoid” function. See and avoid risk mitigation strategies are normally based on the use of visual observers or other methods of seg regation.
Interim Operational Approval Guidance 08

- 01, Unmanned Aircraft Systems Operations in the
U.S. National Airspace System (March 13, 2008) at 8. Only qualified and current PIC’s and
VOs, as provided in the flight operations documents ( FOD) (as defined below), will be used.

2. Other Factors

a. Leptron RDASS Safety Systems

The Leptron RDASS UAS is replete with mechanisms to ensure safe operations and
protect persons and property on the ground. In addition to having experienced operator/PIC an d

VO, the Leptron RDASS UAS has a variety of inherent safety systems, including:

 Redundant Communications: The RDASS can have (2) simultaneous
communication links that allow for backup and safe operations. This

5 VO will at all times be in proximity of PIC so as to allow verbal communications. In addition, t he PIC and VO will maintain direct communications through cell or push

- to

- talk communications capability throughout the duration of flight.9 includes a wireless hand held radio and ground control station link. Both
links must be terminated to execute a ‘Lost Link’ return home logic

 Flight Plan Altitude Settings: The RDASS has the ability for the

operators to set a Maximum Flight Altitude and Radius for safe
operations.

 Flight Logic: The RDASS has the ability for the operators to set return

home logic including: Exceeding a pre

- set flight timer, Loss of GPS,

Loss of Communications, Max imum Flight Altitude, and Low Voltage.

 Ground Control Station Warnings: The RDASS ground control sta tion

( GCS ) has many visual operator cues for error conditions such as low
battery and many other real time conditions.

b. Flight Operations Documents
To ensure consistent safety operations, LTE has developed a comprehensive and detailed

set of flight operations documents (FOD) for the Leptron RDASS UAS based on LTE ’s extensive
use and experience , procedures and notices provided by the UAS manufacturer, and guidance the
FAA has provided to obtain exemption under Section 333 . The FOD is comprised of th e LTE
Standard Operating Procedures and the Leptron RDASS Aircraft Flight Manual. The Aircraft
Flight Manual includes: a Flight Checklist, Performance and Limits, and Inspection and

Maintenance Procedures

. S ee Exhibit A (submitted on a confidential basis ).
In seeking this exemption, LTE proposes to operate the Leptron RDASS pursuant to the
following specific operating limitations, as also addressed in the FOD:

1. The UA will not be flown at an indicated airspeed exceeding 87 knots. In no case will
the UA be operated at airspeeds greater than the maximum UA operating airspeed
recommended by the aircraft manufacturer.10

2. The UA will be operated at an altitude of no more than 400 feet above ground level
(AGL). Altitude will be reported in feet AGL.

3. The UA will be operated within visual line of sight (VLOS) of the pilot in command ( PIC)

at all times (unaided by a device other than corrective lenses).

4. All operations wi ll use a visual observer (VO). The UA will be operated within the
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 will

be able to communicate verb ally at all times (electronic messaging or texting will not be
used during flight operations). The PIC will be designated before the flight and will not
transfer his or her designation for the duration of the flight. The PIC will ensure that the
VO can p erform the duties required of the VO.

5. UAS operations will not be conducted at night, as defined in 14 CFR § 1.1. All
operations will be conducted under visual meteorological conditions (VMC). Flights
under special visual flight rules (SVFR) will not be performed.

6. The PIC shall not begin 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 (5) minutes or with the reserve power
recommended by the manufacturer if greater.

7. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in
a condition for safe flight.

8. Prior to each flight the PIC will conduct a pre

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

- flight inspection will 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 UA will not be operated until11

the necessary maintenance has been performed and the UAS is found to be in a condition
for safe flight.

9. The UA will be marked with an identification (N

- Number) in accordance with 14 C.F.R.

§ 45.23 , such markings to be as large as practicable pursuant to 14 C.F.R. § 45.29(f) , and
identified by a serial number registered in accordance with 14 C.F.R. Part 47.

10. The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally
from a cloud or when visibility is le ss than 3 statute miles from the PIC.

11. The UA shall at all times remain clear and yield the right of way to all other manned
operations and activities.

12. Any time the UA is operating, documents used by the operator to ensure the safe
operation and flight of t he UAS and any documents required under 14 C.F.R. § 91.9 and
§ 91.203 will be available to the PIC at the ground control station (GCS). Such
documents will be made available to the Administrator or any law enforcement official

upon request.

13. The UAS shall not be operated by the PIC from any moving vehicle or device.

14. 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/co ntroller or authorized representative will be obtained for each
flight to be conducted.

15. All flight operations will be conducted at least 500 feet from all nonparticipating person,

vessels, vehicles, and structures unless:

a. Barriers or structures are pres ent that sufficiently protect nonparticipating
persons from the UA and/or debris in the event of an accident. The operator will
ensure that nonparticipating persons remain under such protection. If a situation12 arises where nonparticipating persons leave such protection and are within 500
feet of the UA, flight operations will be immediately terminated in a manner
ensuring the safety of nonparticipating person; and

b. The owner/controller of any vessels, vehicles or structures has granted permission
for opera ting 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 person are not considered nonpartici pating

persons.

16. Any UAS that has undergone maintenance or alternations that affect its operation or
flight characteristics, e.g., replacement of a flight critical component, will undergo a
functional test flight prior to conducting further operations. Fun ctional test flights will
only be conducted by a PIC with a VO and must remain at least 500 feet from other
people. The functional test flight will be conducted in such a manner so as to not pose an
undue hazard to persons or property.

17. Upon loss of comm unication or GPS signal, the UA shall return to the point of take

- off,

descend, and land.

18. The PIC is required to abort the flight in the event of unprecedented obstacles or
emergencies.

19. The PIC will possess either an airline transport, commercial, private, recreational, or
sport pilot certificate. The PIC will 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 will also meet the flight
review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated13

on his or her pilot certificate

.
20. The operator will not permit 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
the requested exemption, includin g evasive and emergency maneuvers and maintaining
appropriate distances from persons, vessels, vehicles, and structures. PIC qualification
flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b).
Flights for the purposes of training the operator’s PICs and VOs will 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 wil l operate the UA with appropriate distance from nonparticipants in accordance

with 14 CFR § 91.119.

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

22. The UAS will comply with all manufacturer safety bulletins.

23. All operations will be conducted in accordance with an ATO

- issued Certificate of Waiver

or Authorization (COA). Operator shall follow the conditions and limitations for the

FAA’s “bla nket” Ce rtificate of Waiver or Authorization (COA) for flights at or below

200 feet AGL. https://www.faa.gov/news/updates/?newsId=82245 . For operations
outside the blanket parameters, operato r will obtain a separate COA specific to the
proposed operation.

24. The UA will not be operated within he following distances from the airport reference
point (ARP) of a public use airport, heliport, gliderport, seaplane base and military
airports listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart
Supplement of the U.S. Government Flight Information Publications unless a letter of14

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

issued to the exe mption holder. The letter of agreement with the airport management
will be made available to the Administrator or any law enforcement official upon request.

a. 5 nautical miles (NM) from an airport having an operational control tower; or

b. 3 NM from an airport having a published instrument flight procedure, but not
having an operational control tower; or

c. 2 NM from an airport not having a published instrument flight procedure or an
operational control tower; or

d. 2 NM from a heliport, gliderp ort or seaplane base

25. Any incident, accident or flight operation that transgresses the lateral or vertical
boundaries of the operational area as defined by the applicable COA will be reported to
the FAA’s UAS Integration Office within 24 hours. Accidents will also be reported to
the National Transportation Safety Board (NTSB). Further flight operations shall not be
conducted until the incident, accident or transgression is reviewed by UAS Integration
Office and authorization to resume operations is provid ed.

26. The UAS shall be operated pursuant to the FOD, such materials to be accessible during
UAS operations and made available to the Administrator upon request. If a discrepancy
exists between the FOD and the conditions and limitations directed by the Admin istrator
in granting the exemption, the conditions and limitation in the exemption take precedence

and will be followed.

27. The UAS shall be maintained in accordance with the FOD including the Leptron
Inspection and Maintenance Manual , including any amendments or updates thereto. All
amendments or updates shall be tracked and a record of such amendments or updates
shall be maintained and made available to the Administrator upon request.15

28. Record of the UAS maintenance, preventive maintenance, alternati ons, status of
replacement/overhaul component parts, and the total time in service of the UAS shall be

documented and maintained in accordance with the FOD.

c. Privacy

LTE will comply with all federal, state, and/or local privacy regulations that may ap ply in

the areas in which LTE will operate the UAS pursuant to this Petition. Further, LTE ’s policy,
as outlined in the FOD, is to avoid any operations that might invade personal privacy

.

d

. Physical Security

In order to ensure its safe and proper use
, LTE will be the only operator of the UAS and

the UAS will at all times remain in LTE ’s custody

.
3. LTE ’s History of Safe Operations Flying the Leptron RDASS UAS

LTE will complete 35 hours of flight training on the Leptron RDASS from the
manufacturer covering operations, flight deconfliction and safety procedures by an FAA
certified flight instructor.

4. Lack of Threat to the NAS, Public, or National Security
Those reasons addressed, including meeting Section 333(b)(1) criteria, LTE ’s

commitment to safety, operations pursuant to the FOD, and the other factors discussed,

demonstrate that the Leptron RDASS UAS will be operated safely in the NAS without creating a

hazard to other aircraft or persons or property on the ground or pose a threat to national security.

For all of these reasons, LTE ’s proposed operations using the Leptron RDASS qualify for
expedited approval of the sought exemption pursuant to Section 333 for the specified uses and

under the proposed operating requirements and restrictions.

F. LTE ’s Operations Pursuant to This Petition Qualify for Exemption under Section 44701.16

Granting LTE ’s request for exemption would benefit the public and have no adverse
effect on safety. Accordingly, LTE ’s operations p ursuant to this Petition also qualify for an
exemption from the FAA’s related safety regulations under Section 44701

.
1. Public Interest Benefits
The public would greatly benefit from granting LTE ’s petition for exemption so it can
use the Leptron RDASS

. The Leptron RDASS is a battery powered UAS that serves as a safe,

efficient, and economical alternative to manned aircraft traditionally use for aerial data collection

. No pilot or crew need be airborne, thereby providing for superior safety to persons and property
in the air and on the ground than that provided by manned aircraft performing the same
operations. Granting the exemption would also reduce the number of mann ed aircraft in the

NAS and, as a result, reduce the environmental impact of such operations
, as well as provide for
better aerial imaging and production and, as a result, a more robust economy. Using the Leptron

RDASS also provides the benefit of greater operational flexibility and reduced cost when compared

to manned aircraft.

(a) Increased Aircrew Safety and Reduced Risk to Persons/Property on Ground

Because the Leptron RDASS is unmanned, the proposed operations eliminate s the risk to
pilot and crew associated with flying such aerial data collection missions at low altitude, in confined
airspace. Further, given its small size and weight and low airspeed, using the Leptron RDASS also
reduces the risk of damage or injury to persons or property on the ground, and in the air, were there
to be a mishap.

(b) Reduced Environmental Impact
Using the Leptron RDASS UAS instead of manned aircraft also benefits the public by
eliminating or greatly reducing air and noise pollution associated with traditional aerial data
collection operations . Because it is battery powered (using rechargeable batteries) and uses17

electric motors, the Leptron RDASS UAS consumes no fuel and generates no air pollution, and
creates very little noise. As a result, the public is benefited as a result of reduced environmental
impact, r educed operator and other human exposure, and greater fuel conservation, which
serves additionally to support our government’s specific efforts to reduce the U.S.’s carbon

foo tprint. 6

(c) Fewer Manned Aircraft i n NAS and Reduced Need for ATC Handling

The Leptron RDASS also does not require a runway or helipad to takeoff or land and will
not be operated within the proximity of any airports. As such, fewer aircraft will need to be

handled by air traffic control during ground, takeoff, departure, arrival, and landing phases.
Operations pursuant to this Petition (unmanned, VLOS, below 400’ AGL, and not within
proximity to airports) will further reduce the number of manned aircraft flying or transiting at or
above 500’ AGL to and from the areas of data collection operations as well as congestion around
airports due to aircraft arrival and departure.

(d) Superior Aerial Imagery and Increased Benefit to U.S. Economy

Better aerial foot age can also be obtained using the small and nimble Leptron RDASS than
can be obtained using manned aircraft or other ground

- based methods. Due to its small size and
superior flight performance characteristics, the Leptron RDASS allows for images to be taken from
certain locations and angles and with better precision than using manned aircraft. As a result, less
time is needed in the air to obtain the desired footage, which in addition to providing the benefit of

fewer aircraft in the NAS and associated reduced risk to objects and persons and property in the air
and on the ground, reduced noise, etc., allows for the production of surveys, which benefits
consumers. This additionally ensures that companies such as LTE and its customers remain

6 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental Protection Agency’s regulatory efforts to phase out the use of fossil fuels

.18

competitive and profitable, thereby providing their employees greater job stability, which
ultimately contributes further to the U.S. economy through increased consumer spending

.

(e) Increased Operational Flexibility and Reduced Cost
Using the Leptron RDASS also provides the benefit of greater operational flexibility and

reduced cost when compared to manned aircraft. Instead of each time having to hire a manned
aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, LTE can
operate the Leptron RDASS , which it has purchased and outfitted at lower combined cost,

innumerable times and at the convenience of LTE ’s and its customers’ schedules.

2. No Adverse Safety Effects
Granting LTE ’s Petition will also not adversely affe ct aviation safety or pose any undue

risks to the public. The operations pursuant to this Petition will be in accordance with LTE ’s FOD

and in c o m p li ance w i t h all applicable pub li c s a f e t y r e q u i r e m en t s

. Accordingly, and as detailed

herein, granting the requested exemption would not adversely affect safety. Indeed, as detailed
below, operations pursuant to the limitations and guidelines addressed herein and in the FOD
will provide an equivalent or even higher level of to those regulations fr om which LTE seeks
exemption.

T he FAA has previously granted petition s for e x e m p t i on relating to UAS in

circumstances similar, in all material respects, to those presented herein

. See Exemption Nos.

11062, 11109, 11112, 11213 , 12086, 12363

. For all of these reasons, LTE ’s operations pursuant to this Petition also qualify for an
exemption under Section 44701.

G. Exemptions Sought By LTE and Reasons for t he Requested Relief

Pursuant to Section 333, LTE seeks an exemption from the requirements of 14 C.F.R. §§

45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii)
, 91.151(b)
, 91.405(a),19

91.407(a)(1) and (2), 91.409(a)(1) and (2), 91.417(a) and (b)

.
1. Section 45.27(a). Location of marks; nonfixed

- wing aircraft

.
Section 45.27, entitled Location of marks; nonfixed

- wing aircraft
, subsection (a) states
(emphasis added):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.
To the extent subsection 45.27(a) may be deemed to apply to the Leptron RDASS UAS,

LTE seeks an exemption from the subsection ( i.e., that the marks be displayed on both surfaces of
the cabin, fuselage, boom, or tail) because the Leptron RDASS UA is of insufficient size to
accommodate any such marking. Thus marking the Leptron RDASS UA as required by this
subsection would not be possible.

An e q u i v a l ent l e v el of s a f e t y can be provided instead by marking the Leptron RDASS
UA, as may be applicable, with lettering as large as practicable ( 14 C.F.R. § 45.29(f)) on its
largest available surface so as to permit such marking to be displayed to pilot, crew, and

others both when the Leptron RDASS UA is on the ground and airborne

.
2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in command

.

LTE seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled Private
pilot privileges and limitations: Pilot in command
, subsections (a) and (b) state (emphasis

added):

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for com pensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft

. (b) A private pilot may, for compensation or hire, 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; and20

(2) The aircraft does not carry passengers or property for compensation or hire.
In general, subs ec t i ons 61

. 113 ( a ) and ( b ) prohibit a p r i v a t e p il o t from conducting

co m m e r c i al ope r a t i on s . LTE seeks exemption from the subsections because t he UA S w i l l not

ca rr y a p il o t , passe n g e r s or property (other than a camera). As addressed, the Leptron RDASS is
a very light, remotely controlled UAS with no persons or property on board. The area of
operations is generally remote or sparsely populated. Each f li g h t is p l anned and fully

coo r d i na t ed i n a d v ance in accordance with those procedures provided in the FOD. Thus t he r i s k

assoc i a t ed w i t h the proposed ope r a t i on s is so d i m i n i shed fr om that ass o c i a t ed w i t h co m m e r c i al

ope r a t i ons con t e m p l a t ed by P a r t 61, t hat a ll o w i ng a P IC having a private pilot certificate , rather

than a commercial certificate, the minimum flight hour and qualification criteria, and operating
according to the limitations and guidelines provided herein
, provides a level of safety that

e x ceeds t hat p r o v i ded by a pilot having a co mm e r c i al ce r t i f i ca t e op e r a t i n g a con v en t i onal a i r c r a f t
as required under the regulations . Further, the FAA now allows for commercial UAS operations
under the sought exemption by those who hold a recreational or sport airman certificate. See
https://www.faa.gov/news/updates/?newsId=82485 . As addressed herein, the PIC pursuant to
this Petition will possess an airline transport, commercial, private, recreational or sport pilot

certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S.
driver’s license issued by a state, the Distr ict of Columbia, Puerto Rico, a territory, a possession,
or the Federal government. The PIC will 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

.

T he FAA has pre viously granted petition s for e x e m p t i on relating to UAS in

circumstances similar, in all material respects, to those presented herein

. See Exemption Nos.

11062, 11109, 11112, 11213 , 12086, 12363

.21

3. Section 91.7(a). Civil Aircraft Airworthiness

.

Either finding that LTE meets the Section 333 criteria or exemption from the
airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a)
inapplicable.

Section 91.7, entitled civil aircraft airworthiness
, subsection (a) stat es (emphasis added):

“ No person may operate a civil aircraft unless it is in an airworthy condition .” There is no FAA
standard by which such a determination of airworthiness can be made. Nonetheless, given t he
limitations and procedures, as con t a i ned herein, and in t he FOD, for maintaining the aircraft and
checking it before each flight to ensure that it is in peak operational condition, an e q u i v a l ent

l e v e l o f s a f

e t y w il l be p r o v i ded.

4. Section 91.105. Flight crewmembers at stations

. LTE seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight

crewmembers at stations
, states (emphasis added):

(a) During takeoff and landing, and while en route, each required flight crewmember shall

—
(1) Be at the crewmember station unless the absence is necessary to perform duties in connection with the operation of the aircraft or in connection with physiological needs; and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.

- registered civil aircraft shall, during takeoff and landing, keep his or her shoulder harness fastened while at his or her assigned duty station . This paragraph does not apply if

—
(1) The seat at the crewmember's station is not equipped with a shoul der harness; or

(2) The crewmember would be unable to perform required duties with the shoulder harness fastened.
In general, S ec t i on 91

. 105 requires pilot and crew to be at their duty stations and
harnessed during flight

. LTE seeks exemption from the Section 91.105 because the Leptron22

RDASS UA is by definition an unmanned aircraft, having neither pilot nor crew so as to be
stationed or harnessed as required by the regulation. An e q u i v a l ent or even higher l e v el of s a f e t y

can be provided instead by using an unmanned aircraft controlled by a PIC who at all times is

located at the controls of the UA or able to control the UA from the GCS.

5. Section 91.119(c). Minimum safe altitudes

.

LTE seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum safe

altitudes: General
, subsection (d) states (emphasis added):
Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

***

(c) Over other than congested areas. An altitude of 500 feet above the surface , except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

S ec t i on 91

. 119(c) e s t ab li shes s a f e a l t i t ud e s f

or ope r a t i on o f c i v i l a i r c r a f t over other than
congested areas

. LTE seeks exemption from subsection 91.119(c) because, pursuant to this

Petition, t he Leptron RDASS UA w il l at times be ope r a t ed below 400’ A G L

.
An e q u i v a l ent or even higher l e v el of s a f e t y can be provided instead by, as provided
herein, ope r a t ing so as to deconflict with manned vehicles operating above 500’ AGL , within the

VLOS of the PIC with the assistance of a VO so as to ensure the safety of and deconfliction with
any persons or property in the air and on the ground , including participating and non

participating personnel, away from who the UA would generally be restricted as addressed

herein . Further t he Leptron RDASS UAS flight operations will b e m on i t o r ed at all times by

bo t h t he PIC and VO and will be i n c o m p li ance w i t h l ocal pub li c s a f e t y r e q u i r e m en t s , so as to

prevent access to t he restricted a r eas o f ope r a t i on.

T he FAA has previously granted petition s for e x e m p t i on relating to UAS in23

circumstances similar, in all material respects, to those presented herein

. See Exemption Nos.

11062, 11109, 11112, 11213 , 12086, 12363

.

6. Section 91.121(a)(1)(iii). Altimeter settings

.

LTE seeks an exemption from 14 C.F.R. 91.121(a)(1)(iii). Section 91.121, entitled
Altimeter settings
, states in relevant part (emphasis added):

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

—
(1) Below 18,000 feet MSL, to

—

***

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure

Subsection 91.121(a)(1)(iii) r e q u i r es persons ope r a t i n g a n a i r c r a f t t o m a i n t a i n a l t i t ude by

r e f e r ence t o an a l t i m e t er s e t “t o t he e l e v a t i on o f t he depa r t u r e a i rp o r t or an ap p r op r i a t e a l t i m e t er

s e tt i n g a v a il ab l e b e f

o r e dep a rt u r e

. ” LTE seeks exemption from subsection 91.121(a)(1)(iii)
because the Leptron RDASS UA does not use or have on board a typical barometric altimeter as
contemplated by the regulation. Instead, the Leptron RDASS uses GPS to maintain altitude.

A n e q u i v a l ent l e v el of s a f e t y w i l l be p r o v i ded instead by operating the UA below

400 ’ A G L within the VLOS of the PIC (with the assistance of a VO) with altitude information

available the PIC to maintain altitude and ensure safety. Prior to each flight, a baseline altitude

will be established at the launch site to confirm the 400’ AGL ceiling is not exceeded

.
7. Section 91.151(b). Fuel requirements for flight in VFR conditions.

LTE seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel
requirements for flight in VFR conditions
, states (emphasis added):

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first24

point of intended l anding and, assuming normal cruising speed, to fly after that for at least 20 minutes

.
The Leptron RDASS is an unmanned aircraft, and thus would not begin a flight with a
person in it as the regulation contemplates. To the extent the regulation applies to the Leptron

RDASS , a n e q u i v a l ent l e v el of s a f e t y can be ach i e v ed instead by l im i t i ng the Leptron RDASS

f l i g h t s so there is enough available power for the UA to conduct the intended operation and to
operate after that for at least five (5) minutes or with the reserve power recommended by the
manufacturer if greater. Given that the Leptron RDASS UA, has a maximum weight of
approximately 7 pounds and will fly at approximately 12m/s, will be operated within the VLOS of

the PIC
, this restriction would provide more than enough battery reserve to accommodate a safe
return to the landing zone from anywh ere in the operating area with no adverse effect on the
safety of persons and property in the air or on the ground.

See also e.g. Exemption Nos. 2689, 5745, 10650 (granted exemption to manned aircraft to
operate at less than the minimums prescribed in Se ction 91.151) and Exemption Nos. 8811,
10808, 10673 (granted similar relief for UAS for day VFR conditions).

8. Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b). Maintenance inspections and recording

.
Section 91.405(a)
, entitled Maintenance required
, states:
Each owner or operator of an aircraft

—
(a) 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 d iscrepancies repaired as prescribed in part 43 of this chapter ;

Section 91.407(a)(1) , entitled Operation after maintenance, preventive maintenance, rebuilding,

or alteration
, states:
(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

—25

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter;

Section 91.409 (a)(1) and (2) , entitled Inspections
, states:
(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

—
(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of th is chapter

. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records.

Section 91.417(a) and (b) , entitled Maintenance records
, state:
(a) Except for work performed in accordance with §§ 91.411 and 91.413 , each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maint enance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, rotor , rotor, and appliance of an aircraft. The records must in clude

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each rotor , and each rotor.

(ii) The current status of life

- limited parts of each airframe, engine, rotor , rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.26

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspe ction program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revisio n date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, rotor s, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a )(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at t he time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.
In general, t hese r e g u l a t i ons r e q u i r e t h a t an airworthy certificated a i r c r a f t be i nspec t ed as

p r e s c r i bed i n 14 C.F.R. Part 91, Subpa r t E (Maintenance, Preventive Maintenance, and
Alterations), any d i sc r epanc i es be r e pa i r ed and the aircraft be approved for return to service a s

p r e s c r i bed i n P a r t 43 ( Maintenance, Preventive Maintenance, Rebuilding, and Alterations ) and
that any work on the aircraft be recorded and such records maintained.

LTE seeks an exemption because, as addressed, the Leptron RDASS UA will operate
pursuant to this Petition without airworthiness certification. An e q u i v a l ent l e v el of s a f e t y can be
provided instead by requiring, as provided herein, that inspections and ma i n t enance be

acc o m p li shed according t o t he inspection, maintenance, and preflight sections of the FOD
including the Leptron Inspection and Maintenance Manual

. A s p r o v i ded i n t he FOD
, among
other things, the UAS will be inspected prior to each flight to confirm that it is in good27

w o r k i n g o r der, any maintenance or repairs will be p e r f o r med and l o gged , and, upon any work
being performed on the UA, the UA will be checked and approved for flight by qualified LTE
personnel before being returned to service

. No pilot or crew need be airborne flying a heavy,

fuel

- ladened aircraft, the reby providing for superior safety to persons and property in the air and
on the ground . Further, all flights will be conducted during the day below 400’ AGL within the
VLOS of the PIC with the assistance of a VO so as to ensure deconfliction with objects in the air
and on the ground. Given the Leptron RDASS UA’s light weight, slow speed a nd l o w

- a l t i t ude

ope r a t i ons there is little risk of any damage to persons or property in the air or on the ground should
a maintenance issue present itself when airborne. Accordingly, any risk associated with using the

Leptron RDASS UAS as proposed i s significantly reduced when compared to that p r esen t ed by
using manned ai r c r a f

t to conduct the same operations

.

T he FAA has previously granted petition s for e x e m p t i on relating to UAS in

circumstances similar, in all material respects, to those presented herein

. See Exemption Nos.

11062, 11109, 11112, 11213 , 12086, 1236328

H. A Summary That Can Be Published in the Federal Register, s tating:

The Rules from Which LTE Seeks Exemption:

LT Environmental, Inc. seeks exemption from the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii)
, 91.151(b)
, 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2),and 91.417(a) and (b)

.
A Brief Description Of The Nature Of The Exemption LTE Seeks:
Approval of the above mentioned exemptions will allow LTE to operate the Leptron RDASS for compensation in the National Airspace System. In contrast to use of a full

- scale aircraft, such exemptions will increase safety, reduce risk to person and property o n the ground, decrease carbon emissions, reduce the need for Air Traffic Control handling, and provide better aerial data collection. The Leptron RDASS runs on rechargeable batteries and does not carry any persons on

- board. LTE ’s customer’s will also ben efit from greater operational flexibility and lower costs as LTE can operate the Leptron RDASS at a lower cost than traditional manned aircraft doing the same job.
Specifically, LTE is seeking exemptions to allow:
(1) The Leptron RDASS to be marked with its registration number as large as practicable on its largest available surface; (2) At least a recreational or sport pilot certificated airman with a valid U.S. driver’s license to operate the Leptron RDASS as the Pilot in Command; (3) Operate the Leptron RDASS even though it has not been certified as airworthy; (4) Allow the Pilot in Command to control the Leptron RDASS from the controls that are located at the ground control station; (5) Operate the Leptron RDASS below 400’ AGL; (6 ) Operate the Leptron RDASS with a GPS altitude instead of a barometric altimeter; (7) Limit flights so there is enough available power to conduct the intended operation plus an additional five minutes or the reserve power recommended by the manufacturer; and (8) Conduct inspections and maintenance in accordance with the Leptron Inspection and Maintenance Manual and LTE ’s Flight Operations Documents.29

I. C onclusion
Accordingly, as set forth above, LT Environmental, Inc. seeks an exemption pursuant to 14

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, to permit
safe operation of the Leptron RDASS UAS commercially, without an airworthiness certificate,
for the special purpose of conducting aerial imaging operations. By granting this Petition, the

FAA Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA

Modernization and Reform Act of 2012 to expedite approval of operations of certain UAS in the

NAS, while also advancing the interests of the public.

WHEREFORE
, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, LT Environmental, Inc. respectfully

requests that the Administrator grant this Petition for an exemption from the requirements of 14

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii)
, 91.151(b)
, 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2),and 91.417(a) and (b)

.

Dated: September 4, 2015 Respectfully submitted,

John D. Peterson, P.G. Executive Vice President

LT Environmental, Inc. 4600 West 60th Avenue Arvada, CO 80003 Phone: (303) 433

- 9788