Albany

Atlanta

Brussels

Denver

Los Angeles

Miami

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1676 International Drive • Penthouse

McLean, VA 22102

Tel: 703.336.8800

mckennalong.com

Northern Virginia

Orange County

Rancho Santa Fe

San Diego

San Francisco

Seoul

Washington, DC

MARK A. DOMBROFF

703.336.8700

EMAIL ADDRESS

mdombroff@mckennalong.com

August 13, 2014

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Total Safety U.S., Inc. for Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012

Dear Gentlemen:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform 

Act") and 14 C.F.R. Part 11, Total Safety U.S., Inc. ("Total Safety"), hereby applies for an 

exemption from Federal Aviation Regulations ("FARs") identified below, to allow commercial 

operations of small unmanned aerial vehicles (i.e., "small unmanned aircraft " or "sUAS").

This exemption is in accordance with protocols outlined in this petition for exemption, 

the enclosed Total Safety Global Integrated Industrial Safety Services UAS Operations Manual 

("Manual")1, the UAS manufacturer's operations and/or instructions manual ("Aircraft 

Operations Manual") and any other requirements established by the FAA pursuant to Section 333 

of the Reform Act.

 

1

Petitionor submits the Manual as a Confidential document under 14 C.F.R. § 11.35(b), as the 

entire Manual contains confidential commercial and proprietary information that the Petitioner 

has not and will not share with others. The Manual contains operating conditions and procedures 

that are not available to the public and are protected from release under the Freedom of 

Information Act, 5 U.S.C. § 552 et seq.
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August 13, 2014

Page 2

For your convenience, the petition is organized as follows:

I. Petitioner's Description

II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 

C.F.R. § 91.203

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft

C. 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

F. 14 C.F.R. § 91.103: Preflight Action

G. 14 C.F.R. § 91.109(a): Flight Instruction

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

I. 14 C.F.R. § 91.121: Altimeter Settings

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions 

K. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification 

and Registration

L. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections

VI. Public Interest
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VII. Privacy

VIII. Federal Registry Summary

IX. Conclusion

____________________________________________

I. Petitioner's Description

Total Safety, headquartered in Houston, Texas, is a global provider of integrated 

industrial safety services, strategies and equipment necessary to keep workers, facilities and the 

environment safe. Total Safety provides the oil, natural gas, petro-chemical and pipeline 

industries with practical and reliable flare ignition systems, as well as portable and permanent 

flare stacks. Total Safety provides a wide range of flare stack inspection and maintenance 

services.

Total Safety has been providing industrial safety services for over 20 years. The 

company currently has over 134 locations world-wide. Total Safety's goal is to secure 

an accident-free environment through:

● Demonstrated commitment by management, strong leadership and coaching by 

field supervisors, and the personal and emotional involvement of the entire 

workforce.

● Intense focus on hazard identification, elimination and control; early intervention 

and feedback about unhealthy and unsafe work practices and positive 

reinforcement of safe work practices.

● The integration of safety into engineering, fabrication and construction, as well as 

the protection of people and the environment "by design."

Total Safety maintains Health, Safety, and Environment (HSE) as a core value and 

provides support on HSE matters as they relate to our business activities. Total Safety's vision is 

to create an incident-free environment and to conduct business with no adverse environmental 

impact. By integrating HSE into all of its business activities, Total Safety demonstrates industry 

leadership in HSE performance.
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August 13, 2014

Page 4

The contact information for Petitioner is as follows:

Total Safety U.S., Inc.

Attn: Royce Goddard

11111 Wilcrest Green Drive, Suite 300, Houston, TX 77042

Phone: (713) 353-7100

Fax: (713) 785-1475

II. Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the 

integration of civil unmanned aircraft systems into the national airspace system." Pursuant to 

Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned 

aircraft systems may operate safely in the National Airspace ("NAS") before completion of the 

formal UAS rulemaking, based on the following considerations:

 The UAS's size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.2

If the Secretary determines that such vehicles "may operate safely in the National 

Airspace System, the Secretary shall establish requirements for the safe operation of such 

aircraft in the National Airspace System" (emphasis added).3

Additionally, the FAA Administrator has general authority to grant exemptions from its 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from §§ 

44701(a), (b) and §§ 44702 – 44716, et seq.). A party requesting an exemption must explain the 

reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely 

affect safety (or how it would provide a level of safety at least equal to the existing rules). See

14 C.F.R. § 11.81 (petitions for exemption).

 

2

Id. at § 333(b)(1).

3

Id. at § 333(c).
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August 13, 2014

Page 5

III. Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval 

under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are 

satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS 

under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to 

access; and that (4) provides an increased level of safety beyond that existing when fixed or rotor 

wing aircraft are used to accomplish the same purpose.

Petitioner’s sUAS are rotorcraft, weighing 25 or fewer pounds including payload. They 

operate, under normal conditions, at low speed and have the capability to hover, and move in the 

vertical and horizontal plane. Petitioner’s sUASs will operate in line of sight and will only 

operate within a sterile area described in the enclosed Manual.4 

Given the small size of the sUASs involved and the restricted sterile environment within 

which they will operate, this petition exemption falls within the zone of safety i.e., an equivalent 

level of safety, in which Congress desired the FAA to permit commercial UAS operations by 

exemption pending completion of formal rulemaking. Also, due to the size of the sUASs and the 

restricted area in which the sUASs will operate, approval of the application presents no national 

security issue.

Considering the clear direction in Section 333 of the Reform Act, the authority contained 

in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, the grant of the requested exemptions is also in the 

public interest. 

Accordingly, Petition respectfully requests the FAA grant the requested exemption 

without delay.

IV. Description of Proposed Operations

The enclosed Manual describes, in detail, the policies and procedures for Petitioner's 

proposed sUAS operations. To assist the FAA in its safety assessment of Petitioner's proposed 

sUAS operations, below is a summary of operational limitations and conditions which will 

ensure an equivalent or higher level of safety to operations conducted under current regulatory 

guidelines:

 

4

 See Manual Sections 6 and 7.
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1. The sUAS will weigh less than 25 pounds.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be limited to the 

amount of time the sUAS can be flown and still maintain a reserve battery power 

of no less than 25%.

4. Flights will be operated at an altitude of no more than 400 feet above ground level 

("AGL").

5. Flights will be operated at a lateral distance of least 100 feet from any inhabited 

structures, buildings, vehicles, vessels, or people not associated with the operation 

or who have not signed a waiver in advance of the operation.

6. Minimum crew for each operation will consist of the sUAS Pilot, a Visual 

Observer, and a Sensor Operator.

7. The sUAS Pilot will be an FAA licensed airman with at least a private pilot's 

certificate and second class medical certificate.

8. The sUAS Pilot will be Pilot in Command ("PIC"). If a pilot certificate holder 

other than the sUAS Pilot, who possesses the necessary PIC qualifications, is also 

present, that person can be designated as PIC.

9. The sUAS will operate only within a confined "Sterile Area" as defined in the 

Manual.5

10. Prior to the operation, a project packet will be created which includes all safety 

and operational information necessary to safely carry out the flight.

11. A briefing will be conducted in regard to the planned sUAS operations prior to 

each day's missions. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing.

 

5

See Manual Section 7.
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12. Pilot, Visual Observer and Sensor Operator will at all times be able to 

communicate by voice and/or text.

13. Pilot, Visual Observer and Sensor Operator will have been trained in operations 

of UAS generally and received up-to-date information on the particular UAS to be 

operated as required in the Manual.

14. Written and/or oral permission from the relevant property holders will be 

obtained.

15. All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire or other 

appropriate governmental agencies.

16. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light 

of the requested exemption, with the appropriate Flight Standards District Office 

("FSDO").

17. If the sUAS loses communications or loses its GPS signal, the sUAS will have the

capability to return to a pre-determined location within the Sterile Area and land.

18. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the pilot and the observer.

19. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

V. Regulations From Which Exemption is Requested

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 

under § 40101 of the Act, including sUASs, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest.6

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 

45 and 91 for purposes of conducting Flare Stack inspections using sUASs. Listed below are (1) 

 

6

See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations 

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).
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August 13, 2014

Page 8

the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating 

procedures and safeguards that Petitioner has established which will ensure a level of safety 

better than or equal to the rules from which exemption is sought.7

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. §

91.203(a)(1)

Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the 

procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. 

§ 91.203(a)(1). Given the size and limited operating area associated with the sUAS to be utilized 

by the Petitioner, an exemption from Part 21, Subpart H, meets the requirements of an equivalent 

level of safety under Part 11 and Section 333 of the Reform Act.

The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the 

size, weight, speed, operational capability, and proximity to airports and populated areas of the 

particular UAS.

In all cases, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed, will be 

at least as safe as, or safer than, a conventional rotorcraft operating with an airworthiness 

certificate without restrictions and conditions of the proposed sUAS operations.

Equivalent Level of Safety

The sUAS to be operated hereunder, DJI Innovations S1000 multi-rotor rotorcraft, 

weighs less than 25 pounds with payload, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates exclusively within a secured and 

sterile area. Unlike other civil aircraft, the proposed operations will be controlled and monitored 

by the operator, as well as an observer and sensor operator, pursuant to the Manual's 

requirements. Moreover, the FAA will have advance notice of all operations conducted under 

this exemption.

These safety enhancements, which already apply to civil aircraft operated in connection 

with existing inspection operations, provide a greater degree of safety to the Petitioner's 

 

7

See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting 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 from 

which you seek exemption.
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employees, members of the public, and property owners than conventional operations conducted 

with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of 

these same criteria demonstrates that there is no credible threat to national security posed by the 

sUAS, due to its size, speed of operation, lack of explosive materials or flammable liquid fuels, 

and inability to carry a substantial external load.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent the Petitioner's sUAS would otherwise require 

certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards 

for the same reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H.

C. 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements

Petitioner seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a).

 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 

provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter.

 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the 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," "light-sport, "experimental," or "provisional," as applicable.

 14 C.F.R. § 45.27(a), Rotorcraft, states:

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.

Exemption from 14 C.F.R. § 45.23(b) is warranted because the sUAS has no entrance to 

the cabin, cockpit, or pilot station on which the word "Experimental" can be placed. Moreover, 
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August 13, 2014

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given the size of the sUAS, two-inch lettering will be impossible. The word "Experimental" will 

be placed on the fuselage in compliance with 14 C.F.R. § 45.29(f).

Given the nature of the specific relief sought by this exemption request, Petitioner 

requires relief from the associated marking and identification requirements of § 45.27(a) and

§ 91.9(c), which would require compliance with § 45.23(b).

Equivalent Level of Safety

The equivalent level of safety for exemptions to the aircraft marking and identification 

requirements of §§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the sUAS marked 

on its fuselage as required by § 45.29(f).

The FAA has previously issued the following exemptions to the aircraft marking 

requirements of § 45.23(b): Exemption Nos. 10700, 10167 and 10167A.

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Petitioner seeks an exemption from the flight manual requirements of 14 C.F.R. § 

91.9(b)(2), which states:

(b) No person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of 

this chapter, unless there is available in the aircraft a current approved airplane or 

Rotorcraft Flight Manual, approved manual material, markings and placards, or 

any combination thereof.

Given its physical dimensions, configuration and load capacity, the sUAS has no ability 

to carry such a manual on the aircraft, not only because there is no pilot on board, but because

there is simply no room or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by 

maintaining the sUAS flight manual at the ground control point where the pilot flying the sUAS 

will have immediate access to it. Accordingly, Petitioner requests an exemption from 

91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be 

available at the control point during each operation.
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The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil 

aircraft be in airworthy condition to be operated. Inasmuch there will be no airworthiness 

certificate issued for the sUAS, should this exemption be granted, no FAA regulatory standard 

will exist for determining airworthiness.

Equivalent Level of Safety

The DJI Innovations S1000 has a stellar safety record, demonstrating that the sUAS is 

airworthy. Further, given the size of the sUAS and the requirements contained in the Manual for 

maintenance and pre-flight safety check lists, an equivalent level of safety will be provided. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

F. 14 C.F.R. § 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight manual is required on board the aircraft.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Aircraft Operations 

Manual. The PIC will take all required preflight actions - including reviewing weather, flight 

battery requirements, landing and takeoff distance, and aircraft performance data - before 

initiation of flight. The Aircraft Operations Manual will be kept at the ground station with the 

operator at all times.

G. 14 C.F.R. § 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides that "[n]o 

person may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." sUASs and remotely piloted 

aircraft, by their design, do not have functional dual controls. Instead, flight control is 

accomplished through the use of a box that communicates with the aircraft via radio 

communications.
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Equivalent Level of Safety

Given the size and speed of the sUAS, an equivalent level of safe training can still be 

performed without dual controls because no pilot or passengers are aboard the sUAS, and all 

persons will be a safe distance away in the event that the sUAS experiences any difficulties 

during flight instruction.

The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. Exemptions 

include: Nos. 5778K and 9862A.

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 14 

C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may 

not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface," provided that "each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

To provide the intended Flare Stack inspections, the sUAS is normally operated below 

400 feet AGL. Additionally, due the nature of the proposed operations, the sUAS will maintain 

a lateral distance of at least 100 feet from inhabited structures, buildings, vehicles, and vessels, 

and from people not associated with the operation.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum 25 

pounds proposed herein, and given the lack of flammable fuel, any risk associated with these 

operations is far less than those that presently exist with conventional aircraft. An equivalent 

level of safety will be achieved given the size, weight, and speed of the UAS, as well as the 

location where it is operated. As set forth in the Manual, the sUAS will be operated in a 

restricted and sterile area, where buildings and people will not be exposed to operations without 

their pre-obtained consent. Because of the advance notice to the property owners and 

participants, all affected individuals will be well aware of the planned flight operations as set 

forth in the Manual. 

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other 

aircraft that are subject to the minimum safe altitude regulations. Finally, the successful safety 

record of the DJI 21000 demonstrates that the sUAS can be safely used at these lower altitudes 

and closer operating environments.
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I. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that 

is set to the elevation of the departure airport or barometric pressure. An exemption is required 

because the sUAS does not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety 

An equivalent level of safety will be achieved by following the procedures set forth in the

Manual. As prescribed in the Manual, the operator will confirm the altitude of the launch site 

shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude 

indicator to constantly monitor the sUAS's height, thus ensuring operation at safe altitudes.

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions 

Petitioner requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight 

in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and, assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the battery powering the DJI Innovations S1000 provides approximately 15

minutes of powered flight. To meet the 30 minutes reserve requirement in 14 C.F.R. § 91.151, 

sUAS flights could not be conducted. Given the limitations on the sUAS's proposed flight area 

and the location of its proposed operations within a predetermined area, a safety margin based on 

a reserve amount of battery life is needed. Petitioner will not be conducting any sUAS flights at 

night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be conducted 

on-site without significant transit time by the sUAS. All flights will be planned to be terminated 

with no less than 25% reserve battery power still available. This restriction would be more than 

adequate to return the sUAS safely to the ground and its planned landing zone from anywhere in 

its limited operating area even in the event of an unexpected occurrence. Operation of the sUAS 
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with less than 30 minutes of reserve fuel does not include the type of risks that Section 91.151(a) 

was intended to alleviate given the size and speed of the small UAS, and the proximity of the 

flight operation to the landing zone. Moreover, operation will be limited to controlled areas 

where only people and property owners, or official representatives who have signed waivers. will 

be allowed.

This request for exemption falls within the scope of prior exemptions, including 

Exemption Nos. 10673, 2689F, 5745, 10673, and 10808.

K. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification 

and Registration

Petitioner seeks an exemption from civil aircraft certification and registration 

requirements of 14 C.F.R. § 91.203(a) and (b). The regulation states in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required 

by paragraph (a) of this section or a special flight authorization issued under 

§ 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

In addition to the fact that Petitioner is seeking an exemption from the airworthiness 

certificate requirements, an exemption to this regulation is necessary because: (1) the sUAS's 

configuration, load capacity and size does not allow it to carry certification and registration 

documents; (2) the sUAS does not have a cabin or cockpit entrance at which documents could be 

displayed; and (3) there are no passengers or crew for whom the certificates need to be 

displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed sUAS operations, an 

equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the PIC will have immediate access to them.

The FAA has issued numerous exemptions to this regulation, including: Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.
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L. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections

Petitioner also seeks an exemption from the maintenance inspection requirements contained in 

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. §

91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ...have discrepancies 

repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed 

because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which 

the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the Aircraft Operations Manual as referenced in the Manual. 

As provided in the Manual, the operator will ensure that the sUAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log of any maintenance performed. 

The operator is the person most familiar with the aircraft and best suited to maintain the aircraft 

in an airworthy condition to provide the equivalent level of safety.

If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight 

operations will only take place in restricted areas for limited periods of time during daylight 

hours, creates less risk than that associated with conventional rotorcraft performing the same

operation.

VI. PUBLIC INTEREST

Granting Total Safety's exemption request furthers the public interest. National policy set 

by Congress favors early integration of UAS into the national airspace in controlled, safe 

working environments such as those propose in this petition. In addition, maintaining industrial 

safety has been a priority of state and local governments for decades. 

By their nature, flare stacks present unique difficulties for persons attempting to inspect 

and maintain this vital piece of infrastructure. Flare stacks are tall and there is limited access to 

the tops of the stack. Sending a human observer to the top of the stack or using helicopters to 

inspect the tops of the stacks both carry certain risks. These risks can be avoided by using a 

small UAS under controlled conditions to photograph and document the state of the equipment. 

This helps to facilitate repairs and identify issues before they become problems. Petitioner 

current options for inspecting the flare stacks is limited to using human personnel. Petitioner's 

employees will either use a normal roto wing manned-aircraft or basket to send a human 
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observer to the top of the flare stacks. The use of an sUAS reduces the risk to human life by 

removing them from dangerous aspects of the inspection process.

In addition, granting the exception will help advance the knowledge base for conducting 

commercial UAS operations. This additional data will help the FAA set future rules regarding 

UAS flight operations, maintenance, and crew qualifications. The public also has an interest in 

reducing the hazards and emissions associated with alternate use of helicopters to conduct 

similar inspection operations. The UAS in question is very light weight and does not carry any 

flammable fuel, further reducing the risk from any potential accident. 

VII. Privacy

All flights will occur over property with the property owner's prior consent and 

knowledge.

VIII. Federal Registry Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

Total Safety U.S., Inc. seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 CFR 91.7(a); 14 CFR 

91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 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). 

Approval of these exemptions allowing commercial operations of small and lightweight 

unmanned aircraft ("sUAS") to conduct flare stack inspections will enhance safety by reducing 

risk to Total Safety's employees, the general public and property owners.

The DJI Innovations sUAS, weighing less than 25 pounds and powered by batteries,

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried 

on board. The sUAS is transported to the designated survey area set up. It is not flown from an 

external location to the work-site. The sUAS will carry no passengers or crew and, therefore, 

will not expose them to the risks associated with manned aircraft flights.

The operation of this small UAS will provide an equivalent 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 sUASs operate 

at slow speeds, close to the ground, and in a sterile environment. As a result, they are far safer 

than conventional aerial survey and inspection operations conducted with fixed wing aircraft or 

helicopters.
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IX. Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, 

weight, speed, operating capabilities, proximity to airports and populated areas and operation 

within visual line of sight and national security—provides more than adequate justification for 

the grant of the requested exemptions to permit Total Safety U.S. to operate sUASs in support of 

its flare stack inspections in accordance with the Manual appended hereto. 

Granting the requested exemption will benefit the public interest as a whole in many 

ways, including (1) significantly improving safety and reducing risk by alleviating human 

exposure to danger, (2) improving the inspection process and decreasing operating costs, and (3) 

providing an environmental way of inspecting Flare Stacks used by the energy industry.

If additional information is required, or if you have any questions regarding this Petition 

for Exemption, please contact the undersigned or John McGraw at:

John McGraw Aerospace Consulting, LLC

Phone: 540-219-1638

Email: John@JmacAerospace.aero