Terracon Consultants, Inc. 18001 W 106t 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,
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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 records
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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 exemptionrequested 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

currentregulatory structurebecause the proposed operations representa safety

enhancementto the existing safe operations conducted with conventional aircraft.The

limitationsand conditionsto which Terracon agrees to be bound whenconducting

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 of
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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.
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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 appropriate
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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 also
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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.
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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 appropriate
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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 the
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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 close
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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