Terracon Consultants, Inc. 18001 W 106 t h Street, Ste 300 Olathe, KS 66061 P [913] 599 6886 F [913] 599 0574 terracon.com 24 April 2015 Revised 27 August 2015

David D. Harwood, P.E. 18001 W 106th St., Ste. 300 Olathe, KS 66061 david.harwood@terracon.com
U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590
Re: Section 333 Exemption Request

Terracon Consultants, Inc. FAA-2015-1506

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Terracon Consultants, Incorporated and wholly owned subsidiaries (Terracon) hereby applies for an exemption from certain federal aviation regulations (FARs). Pursuant to the FAA’s letter dated July 30, 2015, this revised exemption includes additional information on why the exemption would not adversely affect safety or how the exemption would provide a level of safety at least equal to that provided by the rule we seek exemption from. We have also expanded our information, views and arguments to support our request. We are of the opinion that this exemption request is consistent with other requests that have been previously granted by the FAA for similar services.

Summary

Terracon is an engineering and science consulting firm with over 50 years of consulting experience. We are applying to use small, unmanned aircraft systems (SUAS) for data collection, photography and videography in performance of environmental, geotechnical,Section 333 Exemption Request

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2 geologic, and facility assessment, as well as construction monitoring activities. It is our opinion that allowing Terracon to incorporate SUAS use in its routine activities will limit worker exposure to hazardous site conditions associated with active construction/building sites, environmentally impacted lands, sensitive flora and fauna habitat, and remote or treacherous terrain.

The exemptions requested would permit Terracon to operate SUAS that are limited, controlled and would provide safety enhancements over conventional aircraft. Approval of this exemption would thereby enhance safety to the public and fulfill the FAA’s responsibilities to establish requirements for the safe operation of such aircraft systems in the national airspace system.

Specific sections of 14 CFR from which Terracon seeks an exemption:

Based on our review of previously granted exemptions, there are sections that were determined to not be applicable or do not require relief. As such, we have not included these sections understanding that Terracon will accept any conditions and limitations as contained in recently approved exemptions.

14 C.F.R. 61.23(a) and (c) Medical Certificates: Requirements and Duration 14 C.F.R. 61.101(e)(4) and (5) Recreational pilot privileges and limitations 14 C.F.R. 61.113 (a) Commercial pilot privileges and limitations 14 C.F.R. 61.315 (a) What are the privileges and limits of my sport pilot certificate 14 C.F.R. 91.7 (a) Civil aircraft airworthiness 14 C.F. R. 91.119(c) Minimum safe altitudes 14 C.F.R. 91.121 Altimeter settings 14 C.F.R. 91.151(a)(1) Fuel requirements for flight in VFR conditions 14 C.F.R. 91.405 (a) Maintenance required 14 C.F.R. 91.407 (a) (1) Operation after maintenance 14 C.F.R. 91.409 (a) (1) and (2) Inspections 14 C.F.R. 91.417 (a) and (b) Maintenance recordsSection 333 Exemption Request

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3 We request relief to the extent necessary for typical SUAS operations, in line with what the FAA has granted recently for similar requests. Other petitioners, as well as the FAA’s responses, have explained the reasons why granting an exemption to the sections listed above would not adversely affect safety.

Operations and Equipment

Terracon proposes that the exemption requested apply to civil aircraft that have the characteristics and that operate with the limitations listed hereafter. These limitations provide for at least an equivalent or even higher level of safety to operations under the
current regulatory structurebecause the proposed operations represent a safety enhancementto the existing safe operations conducted with conventional aircraft.The limitations

and conditions to which Terracon agrees to be bound when conducting commercial

operations under an FAA issued exemption include those included under Exemption No. 12469, Regulatory Docket No. FAA-2015-2197 as approved August 14, 2015.

Terracon requests to perform the following types of operations:

Environmental Assessment: Terracon will use SUAS for data collection, photography and videography on parcels of land and improvements as part of our environmental services for transactional screenings (Phase I/II site investigations), regulatory compliance, permitting, monitoring, and remediation projects. By allowing SUAS, Terracon can minimize impact to sensitive flora and fauna habitat by reducing personnel or vehicular access, reduce worker exposure to site specific hazards such as terrain or contaminates by allowing workers to manage observations from a safe and stable location, and minimize conflicts with public use of land or facilities.

Geotechnical and Geologic Assessment: Terracon will use SUAS for data collection, photography and videography on parcels of land and improvements as part of our evaluation ofSection 333 Exemption Request

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4 geologic hazards (landslides, subsidence, rock fall, debris flow), mapping of geologic features, and site reconnaissance. Currently this work is performed with physical assessment by geologists and geotechnical engineers putting them at risk for hazards associated with steep slopes, unstable land, subsidence areas from karst or mining, and encounters with potentially hazardous flora and fauna. SUAS use will allow workers to perform these services from safe and stable locations, while minimizing conflicts with public use of land or facilities.

Facility Assessment: Terracon will use SUAS for data collection, photography and videography on existing structures and infrastructure (towers, bridges, pipelines, pavement) as part of our assessment of building systems including exterior components such as roofing, windows, and exterior finish, as well as to supplement engineering assessment of operations and maintenance activities or needs. Currently much of this work is performed at heights exposing workers to hazards such as falling. SUAS activities limit worker exposure to heights by allowing them to observe the structures from a safe and stable location.

Construction Monitoring: Terracon will use SUAS for data collection, photography and videography as part of our construction observation and site assessment services for construction projects. Construction sites have numerous worker exposure risks. The use of SUAS in performing a portion of these observations will limit worker risk by allowing the work to be performed from a safe and stable environment.

Unmanned aircraft systems We request to use the following unmanned aircraft and their associated control systems:

DJI Phantom 2+ Quadcopter Weight 2.9 lbs.

3D Robotics DIY Quad Quadcopter Weight 5.5 lbs.Section 333 Exemption Request

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5 3D Robotics X8/X8M Octocopter Weight 7.7 lbs.

3D Robotics Aero/Aero-M Fixed-wing, single-engine Weight 6.8 lbs.

Telemetery, control, and video systems will use ordinary equipment operating in the 915 MHz, 2.4 GHz, and 5.8 GHz bands.

Pilots Each pilot will hold an airman certificate and either a medical certificate or a valid driver’s license. Pilots will train with the aircraft and demonstrate proficiency before flying on job sites.

Safety

By granting our exemption request for the use of SUAS devices in the course of our services as described, worker safety will be improved, reducing the need for workers to visit difficult, elevated, environmentally sensitive or contaminated locations. Additionally, our proposed SUAS use will benefit the public by helping our clients operate safe construction sites, build and maintain safe structures, and protect the environment without exposing the public to conventional aircraft operations.

The operations described above will typically occur in locations with restricted, controlled and/or managed access, such as undeveloped parcels, construction sites, and privately owned property.

Terracon has worked in the environmental and construction industries for decades and has a strong safety culture. Planning and executing safe work, using and inspecting appropriateSection 333 Exemption Request

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6 safety equipment, maintaining situational awareness, and stopping work when safety is in question are all part of our everyday activities.

For each specific FAR, we will provide an equivalent level of safety as follows:

14 C.F.R. 61.23 (a) & (c): Medical certificates: Requirements and duration Section 61.23(a) and (c) requires the pilot in command (PIC) to hold a third-class medical certificate with a duration of 24 to 60 months based on age. Terracon proposes that PICs will hold a pilot certificate and either an airman medical certificate or U.S. issued driver’s license. As the FAA explained in approved exemption 11213, a sport pilot may operate an aircraft weighing up to 1,430 pounds while using a driver’s license as a medical certificate. As Terracon’s proposed SUAS vehicles weigh less than 1,430 pounds we will be providing an equivalent level of safety as a sport pilot operating a similar sized aircraft and it is consistent with previous FAA exemptions.

14 C.F.R. 61.101(e)(4) and (5): Recreational pilot privileges and limitations Section 61.101(e)(4) and (5) restrict a recreational pilot form acting as PIC for compensation or hire, and in furtherance of a business. This exemption would allow a pilot holding a recreational, pilot certificate to operate a SUAS for compensation or hire and in furtherance of a business. Since the SUAS is limited in capacity, and carries no passengers or crew, the risks associated with allowing a recreational pilot to be compensated as part of his job duties is no greater than allowing the PIC to fly manned aircraft in a similar location. The FAA has previously granted this exemption under Exemption No. 12469, Regulatory Docket No. FAA-2015-2197 as approved August 14, 2015.

14 C.F.R. 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command Sections 61.113 (a) limit private pilots to non-commercial operations. Because Terracon's SUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have successfully completed, at a minimum, FAA sport pilot ground instruction and passed the FAA Sport Pilot written examination or other FAA recognized equivalent training. The PIC will have alsoSection 333 Exemption Request

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7 completed a manufacturer's training program for the model the PIC will be operating. Additionally, the PIC will have been vetted by the TSA by obtaining a Known Traveler Number which comes along with TSA Pre status, and possess a valid driver's license from the state of the PIC's domicile. Unlike a conventional aircraft that carries the pilot and passengers, SUAS's are remotely controlled with no person(s) on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety provided by these requirements will be at least as safe, or safer, than that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of a SUAS are diminished from the level of risk associated with commercial operations contemplated by Part 61, when drafted, that allowing operations of Terracon's UAS as requested with FAA ground instruction and manufacturer's training exceeds the present level of safety achieved by 14 C.F.R. 61.113 (a).

14 C.F.R. 61.315 (a): What are the privileges and limits of my sport pilot certificate Section 61.315(a) restrict a sport pilot form acting as PIC for compensation or hire, and in furtherance of a business. This exemption would allow a pilot holding a sport pilot certificate to operate a SUAS for compensation or hire and in furtherance of a business. Since the SUAS is limited in capacity, and carries no passengers or crew, the risks associated with allowing a sport pilot to be compensated as part of his job duties is no greater than allowing the PIC to fly manned aircraft in a similar location. The FAA has previously granted this exemption under Exemption No. 12469, Regulatory Docket No. FAA-2015-2197 as approved August 14, 2015.

14 C.F.R. 91.7(a): Civil aircraft airworthiness. Check for no airworthiness The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Because no airworthiness certificate has been issued for the aircraft, no FAA regulatory standard exists for determining airworthiness. Given the size of the aircraft and the requirements contained in Terracon’s Operations Manual for the use of an inspection checklist prior to each flight, an equivalent level of safety will be provided.Section 333 Exemption Request

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8 14 C.F.R.91.119(c): Minimum safe altitudes Section 91.119(c) establishes safe altitudes for operation of civil aircraft. Section 91.119 (c) limits aircraft flying over areas other than congested areas to 500ft AGL. Over sparsely populated areas, aircraft cannot be operated closer than 500 feet of any person, vessel, or structure. This exemption is requested for minimum safe altitudes. As set forth herein, Terracon's SUAS are planned to be operated below 400ft AGL. An equivalent level of safety will be achieved given the size, weight, and speed of Terracon's SUAS, as well as the locations where it is operated.

Terracon requests modification, waiver or exemption and/or clarification concerning the terms "congested areas" and "densely populated". Terracon requests a waiver for this condition to allow reasonable and responsible operations with safety in areas of subdivisions and neighborhoods if required.

Additionally, Terracon proposes to conduct flights on property owned by, or property under a utility/roadway easement that may lie in areas considered to be "congested". These flights will be hovering flights at or near zero ground speed, and at altitudes generally below 100ft AGL. They will be conducted entirely over utility/roadway property or easements, and at an altitude and in a fashion that should a power unit fail, the SUAS can be immediately landed on the utility/roadway property or easements.

The operations proposed by this exemption request require that operations be conducted in close proximity to structures. Under section (c), Terracon requests that no restrictions with regard to minimum distances from structures, vessels, and vehicles, and a 200-foot minimum distance from persons not associated with the operation be granted. Terracon further requests that with regard to crew required for the operation of the SUAS, no minimum distance be required.

14 C.F.R. 91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set to the elevation of the departure airport or an appropriateSection 333 Exemption Request

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9 altimeter setting available before departure. Because Terracon's SUAS will not have a barometric altimeter, but instead a GPS altitude read-out, an exemption is requested. An equivalent level of safety will be achieved by confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151(a)(1)-Fuel requirements for flight in VFR conditions Unlike civil aircraft, the proposed SUAS is battery-powered, not fuel powered. Therefore, the requirements under Section 91.151(a) are not applicable. The battery powering the SUAS has approximately 30 minutes of powered flight, therefore an exemption from the 30-minute reserve requirement is necessary. Additionally, we are not planning, nor proposing to fly our SUAS at night. Terracon proposes to provide an equivalent level of safety by employing telemetry that provides a constant indication of remaining power, along with a low-voltage visual and audible warning when the power gets critically low. In this event, the SUAS can be landed safely within a minute or two while maintaining some power in reserve.

14 CFR § 91.405(a) Maintenance required This section requires periodic inspections, repairs made as necessary, and those procedures documented. Inspections will be performed before the first flight of each day and repairs completed in accordance with the SUAS Operations Manual, thus assuring an equivalent level of safety.

14 CFR § 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration This section requires that after maintenance, proper entries be made in the aircraft record, and that necessary certain checks, including flight checks be performed. Flight checks will be performed prior to the first flight of the day in accordance with the SUAS Operations Manual to ensure proper functionality of all systems and components.

14 CFR §91.409(a)(1) and (2) Inspections This section requires that annual and 100-hour inspections be performed on certain aircraft, and that they be returned to service by properly authorized personnel. The petitioner asserts that theSection 333 Exemption Request

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10 personnel that operate the SUAS have received training on its proper care and maintenance, and are as qualified to determine that it is in condition for safe flight as the personnel authorized by 43.7, thereby achieving an equivalent level of safety.

14 CFR 91.417(a) & (b)-Maintenance records This section describes requirements for maintenance recordkeeping. Terracon will maintain records of all inspections, maintenance, alterations, and repairs. The records will be kept on site and or the administrative office from which the SUAS and operator are assigned and will be available to the Administrator or his representative upon request.

Public Interest This exemption would allow Terracon to operate SUAS to safely perform aerial inspections and observations for our clients. The proposed exemption would improve worker safety, limit impacts to sensitive flora and fauna, and provide a higher level of data verification to manage compliance with engineering practice, building codes, and environmental regulations that are in place to protect the life and safety of the general public.

Terracon believes SUAS's will allow our company to provide services more safely and effectively. SUAS aircraft significantly improves public safety and reduces risks associated with using manned aircraft and helicopters. The public's interest is also advanced by reducing human exposure to death or serious injury associated with manned aircraft performing such services. SUAS's can fly safely in populated areas under controlled situations. Since SUAS's are very small and do not carry combustible fuel, any potential explosion threat to the public is alleviated. By granting an exemption the FAA will fulfill Congress's intent of allowing SUAS to operate with significant safety precautions in low risk environments.

The operation of SUAS in the strict conditions provides an equivalent or higher level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional manned aircraft operating with significant levels of fuel in closeSection 333 Exemption Request

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11 proximity to the ground and people. In addition, the environmental impact is reduced due to less noise and rotor wash from helicopters.

Privacy All flights will be conducted in accordance with any federal, state or local laws regarding privacy.

Sincerely, Terracon Consultants, Inc.

David D. Harwood, P.E. Senior Vice President