5 October 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Docket FAA 2015

- 0023 , Petition for Amendment to Exemption No. 11 339

Dear Sir or Madam:

Empire Unmanned received FAA Exemption No. 11 339 on April 16 , 2015 authorizing us to operate the SenseFly eBee in order to conduct precision photogrammetry . This petiti on is for an amendment to

that e xemption , namely to amend altitude and/or proximity restrictions in order to permit the survey of public roadways

.

The eBee we ighs only 1.7 pounds and can produce a detailed 3

- dimensional model of roadways, bridges, and construction sites. These models assist engineers and county planners in maintaining and improving public infrastructure

. W e propose that conducting these surveys with a lightweight drone creates less of a hazard than flying a manned aircraft to conduct the same

survey

. For example, i f the eBee were to encounter a propulsion problem over a highway, the pilot's last choice for recover y would be to land on the pavement where the aircraft is likely to be crushed by a car

. The opposite is true for a manned aircraft in which a highway is often the first

choice for a forced lan ding.

However, t he restrictions of our exemption prevent us from conduct ing these surveys

. Item 4 of our exemption requires us to fly below 400 feet AGL , while i tem 26 requires that we fly no closer than 500 feet to persons, vessels, vehicles, and structures without their permission. In coordination with the Idaho Department of Transportation we studied the apparent solution of

stop ping traffic for the short duration of the flight. T his was ruled out since s topping traffic not only inconveniences the public

, it greatly increases the risk of collision

. Furthermore, o btaining permission from the driver s using the roadway is not only impractical, it would slow traffic and

create additional distractions

.

I n order to provide benefit to the public with surveys of infrastructure while minimizing additional risk, w e propose either or both of the following amendments to E xemption No.

11339

.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL) or 500 feet when specifically permitted by a COA . Altitude must be reported in feet

AGL

.

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 that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately in a manner ensuring the safety

of nonparticipating persons; and

b. The owner/con troller 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. c. A local government agency , such as a state transportation department or county highway department, has conducted a safety risk assessment and approved risk mitigation procedures to

safe ly conduct a flight over public roadways and easeme nts

. Th ese procedures must be made available to the Administrator or any law enforcement official upon request.

Conducting the flight at 500' AGL would allow us to comply with item #26, since we could

maintain 500' from persons, vessels, vehicles and structures . We would apply for individual

COAs f or each proposed operation. The change to #26 would allow local experts to study each operation and ensure safety without creating an additional burden on the FAA.

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety . We look forward to working with your office

. Please contact us at any time if you require additional information or clarification.

Sincerely,

Bradley J. Ward

Chief Pilot , Empire Unmanned

Empire Unmanned LLC Attn: Bradley Ward

Ph: 208

- 844

- 7775

Email: bradw@ empireunmanned .com