July 10, 2015 U.S. Department ofTransportation Docket Management System 1200 NewJersey Avenue, SE Washington, DC 20590 

# I!IIWEIHE ENGINEERS

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Re: Exemption Request Section 333 ofthe FAA Reform Actand Part 11 ofthe Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103(b); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) & (b); 14 CFR 91.405 (a); 14 CFR 91.407(a) (1); 14 CFR 91.409 (a) (2); 14CFR 91.417 (a) 

### & (b). Dear Sir or Madam: Pursant to Section 333 ofthe FAA Modernization and Reform Act of2012 ("Reform Act") and 14C.F.R. Part 11, Weihe Engineers, Inc. seeks an exemption from the Federal Aviation Regulations (FARs) listed below: 14 CFR Part 21 14 C.F.R. 45.23(b) 14CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14C.F. R. 91.119 14 C.F.R. 91.121 14CFR 91.151 (a) 14CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1} 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) 

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This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directsthe Secretary ofTransportation to considerwhether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required underSection 332 ofthe Reform Act. In making this determination, the Secretary is required to determinewhich types of UASs do not create a hazard to users ofthe NAS orthe public or pose athreatto national security in light ofthe following: 10505 North College Avenue I Indianapolis, IN 46280 I www.weihe.net I (317) 846-6611 I (800) 452-6408 I Fax: (317) 843-0546 Allan H. Weihe, P.E., L.S., -Founder

# l!liWEIHE ENGINEERS • The UAS's size, weight, speed, and operational capability;

• Operation ofthe UAS in close proximityto airports and populated areas; and

• Operation ofthe UAS within visual line ofsight ofthe operator. Reform Act§ 333 (a). Lastly, ifthe Secretary determinesthat such vehicles "mayoperate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." ld. §333(c) (emphasis added) 2. The Federal Aviation Act expressly grants the FAAthe authorityto issue exemptions. This statutoryauthority by itsterms includes exempting civil aircraft, as the term is defined under§40101 ofthe Act, that includes small Unmanned Aircraft Systems ("sUASs"), from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement ofa regulation prescribed undersubsection (a) or (b) ofthis section orany sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). The requested exemptions would permitWeihe Engineers, Inc. tofly sUASs while conducting business related to precision aerial surveying, construction observation/inspection, mining surveying/inspection, aerial photography, utility monitoring, agricultural monitoring and product demonstrations. The sUASs weigh less than 55 lbs, including payload, and operate at speeds less than 50 knots under normal operating conditions. The sUASs will operate only in visual line ofsite and will notcreate a hazard to users ofthe national airspace system orthe public. Landowner permission will be secured for each location overwhich the sUASs operate. Data collected with the sUASs will be used to develop maps, 3 dimensional models and aerial photographs. These products will be used as the basis for engineering design drawings, to provide progress reports and to demonstrate current conditions of land and buildings. AsUASs provide a more efficient and safe means to collect precise land survey data than conventional survey techniques using the Global Positioning System oraerial photography collected from manned aircraft. Operators using a sUAS are able to collect a larger amount ofdata in ashorteramount oftime than with conventional survey techniques while employees remain in afixed position ratherthan moving through safety hazards such as traffic or active construction equipment. Similarly, the use ofasUAS allows the operatorto collect aerial photography without putting a pilot at risk in an airplane operating on flammable fuels. The sUAS relies on battery powerand is light enough to pose minimal threat tothe general public. There is no credible threatto national security posed by sUASs, due totheirsize, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load. Weihe Engineers, Inc. will use the Precision Drone Pacesetter, Trimble UXS and SenseFiy ebee sUASs to collect aerial data. Grant ofthe exemption for use ofsUASs by Weihe Engineers, Inc. will be subjectto the following mandatory conditions, which are based upon operating conditions set forth for operation ofsUASs by public entities pursuant to Certificates ofAuthorization, with additional restrictions:

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# l!liWEIHE ENGINEERS o All operations to occur in Class Gairspace o Operations to be conducted over private orcontrolled-access property o Permission from land owner/controller required before commencing any flight o Operations to occur duringVisual Flight Rules Meteorological Conditions (VMC) o Aircraft to remain within Visual Line ofSight (VLOS) • VLOS guaranteed with a cylinder ofoperation around operator of 1/2 nautical miles • Cylinder walls may be expanded by additional observer's o Operations to occur during daylight hours o Above Ground Level (AGL) altitude to be restricted to 400feet o All operations conducted in vicinity ofairportto remain more than 2.5 NM from centerline azimuth of runway centerline measured from runwaythresholds o All required permissions and permits will be obtained from territorial, state, county orcity jurisdictions, including local law enforcement, fire, orotherappropriate governmental agencies The following specific reasons forexemption are submitted: 14C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstratesthatthe sUAS operated without an airworthiness certificate will be at least as safe, orsafer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neithera pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within asecured area as set out in the sUAS Users Manual. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator, pursuant tothe sUAS Users Manual's requirements, and underthe requirements and in compliance with local public safety requirements, to provide securityforthe area ofoperation as is now done with conventional aircraft. These safety enhancements, which already apply to civil aircraft operated in connection with aerial crop scouting, provide agreater degree ofsafety to the public and propertyowners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R.

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# I!I!WEIHE ENGINEERS Part 21, Subpart H. Lastly, application ofthese same criteria demonstratesthatthere is no credible threatto national security posed by the sUAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry asubstantial external load.

14C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "lightsport," "experimental," or "provisional," as applicable. Even though the sUASs will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe sUAV, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level ofsafetywill be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification ofthe UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 14C.F.R. § 61.113 (a) 

### & (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113 (a) 

### & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiringthe PIC operating the aircraftto hold eitheran airline transport, commercial, private, recreational, orsport pilot certificate. The PIC must also hold acurrent FAA airman medical certificate oravalid U.S. driver's license issued by astate, the District ofColumbia, Puerto Rico, a territory, a possession, orthe Federal government. The PIC must also meetthe flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 14C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate acivil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist fordetermining airworthiness. Given the size ofthe aircraft and the requirements contained in the sUAS Users Manual for maintenance and use ofsafety check lists priorto each flight, the sUAS will be reviewed forairworthiness priorto each flight.

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# l!liWEIHE ENGINEERS 14C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft

... forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft acurrent approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry such aflight manual on the aircraft, notonly because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level ofsafetywill be maintained by keeping the flight manual at the ground control pointwhere the pilotflying the sUAS will have immediate access to it. The FAA has issued the following exemptionstothis regulation: Exemption Nos. 8607,8737,8738,9299,9299A,9565,9565B, 10167, 10167A, 10602,32827,and 10700. 14 C.F.R. §91.103: Preflight action This regulation requires each pilot in command to take certain actions before flightto insure the safety offlight. As FAA approved rotorcraftflight manuals will not be provided forthe aircraft an exemption will be needed. An equivalent level ofsafety will be provided as set forth in the sUAS Users Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight. 14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopterto be operated at less than the minimums prescribed, provided the person operating the helicoptercomplies with any route oraltitudes prescribed for helicopters by the FAA. As this exemption includes an sUAS that is a helicopterand the exemption requests authorityto operate at altitudes up to 400' AGL, an exemption may be needed to allow such operations. As set forth herein, exceptforthe limited conditions stated in the Precision Drone Users Manual, the sUAS will never operate at higher than 400' AGL. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe propertyowner. Because ofthe advance notice tothe property ownerand participants in the aerial activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operationswith aircraft or rotorcraft weightingfar more than the maximum SSibs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. In addition, the low-altitude operations ofthe sUAS will ensure separation between these smaii-UAS operations and the operations ofconventional aircraftthat must comply with Section 91.119. 14C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport oran appropriate altimetersetting

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# l!liWEIHE ENGINEERS available before departure." As the sUASs may not have a barometric altimeter, but instead aGPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuanttothe Manual and Safety Check list, confirmingthe altitude ofthe launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to flyto the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatforat least 30 minutes; or (2) At night, tofly afterthatforat least 45 minutes." The battery poweringthe sUAS provides approximately40 minutes of powered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 20 minutes in length. Given the limitations on the UAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longertime frame forflight in daylight or nightVFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope ofpriorexemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in atightly controlled area where only people and propertyowners orofficial representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not endangerthe type of risks thatSection 91.151(a) was intended to alleviate given the size and speed ofthe sUAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utilityforwhich the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limitingflights to 40 minutes or 20% ofbattery powerwhichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to otheroperations, including Exemptions 2689F, 5745, 10673, and 10808. 14C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person mayoperate acivil aircraft unless it has within itthe following: (b) No person may operate acivil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section oraspecial flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers orcrew. (1) An appropriate and current airworthiness certificate. The sUASs fully loaded weigh no more than 55 lbs and operate without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the sUASs. An equivalent level ofsafety will be achieved by keeping these documents at the ground control point where the pilotflying the sUAS will have immediate access tothem, to the extentthey are applicable to

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# l!liWEIHE ENGINEERS the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### &(b): Maintenance Inspections These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese section and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the sUASs Users Manual. An equivalent level ofsafetywill be achieved because these sUASs are very limited in size and will carry asmall payload and for limited periods oftime. Ifmechanical issues arise, the sUASs can land immediately and will be operating from no higherthan 400 feet AGL. As provided in the sUASs Users Manual, the operatorwill ensure thatthe sUAS is in working order priorto initiatingflight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. Pursuant to 14C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: 

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Applicant seeks an exemption from the following rules: 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103(b); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203{a) 

### & (b); 14 CFR 91.405 (a); 14 CFR 91.407(a) (1); 14 CFR 91.409 (a) (2); 14 CFR 91.417 (a) & (b) to operate commercially a small unmanned vehicle {551bs or less) for precision aerial surveying, construction observation/inspection, mining surveying/inspection, aerial photography, utility monitoring, agricultural monitoring and product demonstrations. Approval ofexemptions allowing commercial operations ofsUASs in these industries will enhance safety by reducing risk. Conventional aircraft used forthese purposes, operate via jet or piston power. Such aircraft mustflyto and from the field location. In contrast, asUAS weighing fewerthan 55 lbs. and powered by batteries eliminatesvirtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is carried tothe field location and notflown. The sUAS will carry no passengers or crew and, therefore, will notexpose them to the risks associated with manned aircraft flights. The operation ofsmall UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting the applicantfrom the requirements of Part 21 and allowing

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# I!I!WEIHE ENGINEERS commercial operations. These lightweight aircraft operate atslow speeds, close to the ground, and, as a result, are far saferthan conventional operations conducted with turbine helicopters operating in close proximitytothe ground and people. Privacy All flights will occur over private property with the property owner's prior consent and knowledge. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012--size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line ofsight and national security- provide more than adequatejustification forthe grant ofthe requested exemptions allowing commercial operation ofapplicant's sUASs in the real estate, construction, engineering and agricultural production industry pursuant to the sUASs Users Manual appended hereto.

Sincerely,



# ~0-- Brady Kuhn, PS Vice President Weihe Engineers, Inc. 10505 N. College Avenue Indianapolis, IN 46280

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