570 DeVall Dr., Suite 303, Auburn, AL 36832 Phone: 334

- 703

- 8860 November 23, 2015

Via electronic upload: http://www.regulations.gov U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, D.C. 20590

Re: Petition of P innacle Design Group , Inc. ("Petitioner") for an Exemption Pursuant to Section 333 of the FAA
Modernization and Reform Act of 2012

Dear Madam or Sir :

Pinnacle Design Group , Inc. is petitioning the Federal Aviation Administration (FAA) for an exemption to Section 333

of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R Part 11. The exemption would allow operation

of the DJI Phantom 3 Professional unmanned aircraft system (UAS) for the purpose of aerial photography/video acquisition, vertical and horizontal construction inspec tions, real estate, and land surveying activities . This document will outline requested relief from regulations pertaining to this exemption.

Pinnacle Design Group , Inc. agrees to operate within the boundaries set forth by this exemption. Along with rules and regulations that the FAA has in place, P innacle Design Group , Inc. plans to use additional safety precautions w h ere they see fit to ensure safe sUAS operations. Impl ementation of lightweight small

- unmanned aircraft systems (sUAS) is a tool that can greatly improve the safety standards of our National Airspace System (NAS). sUAS can fly operations that would traditionally require manned aircraft, carrying pilots and ga llons of flammable fuel. Please allow

P innacle Design Group , Inc. to offer sUAS operations to promote the safe, efficient and responsible use of sUAS.



# Introduction and Interest of Petitioner

P innacle Design Group , Inc. is a professional service entity located in A uburn, AL that intends to use a current DJI

P hantom 3 Pro fessional model sUAS platform to engage in aerial photography/video acquisition, vertical and horizontal construction inspections, real estate, and land surveying activities. It shall be the intent of t he sUAS operator to make a responsible effort to not invade a person's reasonable expecta tion of privacy when operating the UAS while performing safe flight operations.



# Regarding the Unma nned Aircraft System

1. Petitioners should describe how the proposed UAS operation will be safely conducted to minimize risk to the NAS or to persons and property on the ground. Specifically, petitioners should describe the design and operational characteristics for the type(s ) of UAS they intend to operate, e.g. aircraft performance and performance limitations, operating procedures, and aircraft loading information in as much detail as possible. This could be provided in the petition or in an Aircraft Flight

Manual or similar document.

NOTE: The FAA will consider all information and data submitted by the petitioner that describes the UAS developmental and operational history. This could include statistical data or other documentation for the specific design and performance

char acteristics of the UAS, including the operational history and operational failure modes, obtained through previous

### S ection 333 Exemption 1 1/23/15

2 of 8 Research & Development (R&D) and/or flight test activities, e.g. operations conducted under a COA, with a civil airworthiness certificate, or under other authorized operating conditions.

2. Petitioners should describe any procedures they would implement, such as pre

- flight inspections, maintenance, and repair, to ensure that the UAS is in a condition for safe flight. This could be provided in t he petition, an Aircraft Flight Manual, a Maintenance and Inspection Manual, or similar document.

NOTE: The Aircraft Flight Manual and Maintenance and Inspection Manual may be separate documents or combined in a single document.

3. The petitioner should des cribe the Radio Frequency (RF) spectrum used for control of the UAS and associated equipment that is part of the UAS (i.e., sensors, cameras, etc.), and whether it complies with Federal Communications Commission (FCC) or other appropriate government oversi ght agency requirements.

NOTE: Petitioners should be able to provide the FCC approval letter or show compliance with FCC requirements upon
request.

P innacle Design Group , Inc. will operate less than fifty

- five pound sUAS, with the ability to conduct precision data collection, inspections, and aerial mapping, with payloads capable of supporting this mission. Prior to each flight the

PIC s hall inspect the sUAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the aircraft will be prohibited from operating until the necessary maintenance has been performed and t he sUAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in aircraft records. All discrepa ncies noted shall be documented

. Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics, e.g. replacement of a flight critical component, shall undergo a funct ional test flight in accordance with the manufacturer’s manual . The PIC who conducts the functional test flight shall make an
entry in the sUAS aircraft logbook of the flight.

P innacle Design Group , Inc. shall follow the manufacturer’s sUAS aircraft/component , maintenance, overhaul, replacement, inspection and life limit requirements, with particular attention to flight critical components that may not

be addressed in the manufacturer’s manuals.

P innacle Design Group , Inc. shall carry out maintenance, inspections and record keeping

. Maintenance, inspection,

and alterations s hall be noted in the aircraft log book, including total flight hours, and description of w ork accomplished. Only personnel who are authorized shall perform such operations.

T he sUAS operated under the proposed exemption shall comply with all manufacturer System and Safety Bulletins.

Before conducting operations, the radio frequency spectrum used for operation and control of the sUAS shall comply with the Federal Communications Commission (FCC) or other appropriate governm ent oversight agency requirements. According to the DJI Phantom 3 Professional User Manual the DJU Phantom 3 Professional is compliant with FCC requirements.

Pinnacle Design Group, Inc. shall follow the manufacture ’ s recommended pre

- flight checklist and flight safety procedures as set forth in the DJI Phantom 3 Professional User Manual.

### S ection 333 Exemption 1 1/23/15

3 of 8 DJI Phan tom 3 Professional

P innacle Design Group , Inc. seeks an exemption to operate a DJI Phantom 3 Professional model sUAS, for compensation or hire. The DJI Phantom 3 P rofessional is comprised of a quad

- rotor unmanned aircraft and a handheld ground control station. The Phantom 3 Professional has a maximum gross weig ht of approximately 1 280 g

,

w idth of 2 89.5 mm

, and height of 1 85 mm . The Phantom 3 Professional is equipped with four rotors driven by four lithium polymer battery powered electric motors.

Additional d esign and operational characteri stics are provided in the DJI Phantom 3 Professional Operating Manual

, submitted as an attachment h erein

. 

# Regarding the Unmanned Aircraft PIC

4. Petitioners should describe the qualifications required of any PIC(s) who will be directly responsible for the operation of the UAS, including information such as: the level of airman certificate held; any applicable training related to the operatio n; and any minimum hours of flight experience required by the PIC(s), both total flight time and the time with the particular UAS. If the operation would use visual observers, petitioners should describe their roles and qualifications.

5. Petitioners should describe the med ical standards and certification of the PIC(s) directly responsible for the operation of

the UAS.

All flight crewmembers, including P innacle Design Group , Inc. PIC and VO, will have an understanding of, and comply with, Title 14 Code of Federal Regulation s, and/or Agency directives and regulations, applicable to the airspace where the sUAS will operate. Specifically all P innacle Design Group , Inc. flight crew members will receive training on the rules and responsibilities described in 14 C.F.R Part 91 Se ctions 91.111, 91.113 and 91.115 regarding cloud clearance, flight visibility and the pilot controller glossary, including standard ATC phraseology and communication.

The P innacle Design Group , Inc. PIC , David A. Slocum, P.E. h as a current private pilot certificate ( Certificate Number

2770949 Issued June 8, 2003 ) and has logged ± 450 hours in single engine aircraft.

D avid A. Slocum, P.E. , the PIC

, has accumulated and logged, in a manner consistent with 14 C.F.R Section 61.51(b), a minimum of 25 hours of total time as a sUAS pilot and at least ten hours logged as a sUAS pilot with similar sUAS
ty pe (fixed wing or rotary).

All operations mus t utilize a VO. The VO may be used to satisfy the Visual Line of Sight (VLOS) requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. This

condition and limitation is consistent wit h all FAA approved Exemptions.



# Regarding the Operation of the Unmanned Aircraft

6. Petitioners should fully describe their intended UAS operation(s). Petitioners should describe how the proposed operation(s) would not adversely affect safety, or how they wo uld provide a level of safety at least equivalent to that provided by the rule from which exemption is sought. Petitioners should address any plans to implement clearly defined operational borders and procedures to ensure public safety, which includes pers ons and property both in the air and on the ground. This can be described in the petition, in an Operations Manual, or similar document.

### S ection 333 Exemption 1 1/23/15

4 of 8 NOTE: The FAA will closely examine the proposed operation(s) with respect to safety of flight, NAS safety consideration s, and the safety of the non

- participating persons and property during the operational period and within the operational area.

7. Petitioners should specify the proposed maximum operating speed and altitude, and describe minimum flight visibility and

dista nce from clouds for their intended operation(s). Petitioners should describe potential hazards and safety mitigations associated with these proposed conditions. These issues can be addressed in the petition, an Operations Manual, or similar

document.

The sU AS shall remain clear and yield the right of way to all other manned aviation operations and activities at all

times.

The sUAS shall be operated at an altitude of no more than 400 feet above ground level (AGL). All altitudes reported to

ATC will be in feet.

The multi

- rotor sUAS shall not be flown at a ground speed exceeding 45 mph.

P innacle Design Group , Inc. sUAS Opera tions will be conducted under visual meteorological conditions (VMC). The sUAS will not be operated less than 500 feet below or less than 2000 feet horizontally from a cloud or when visibility is

less than 3 statute miles from the PIC.

If the sUAS loses co mmunications or loses its GPS signal, it must return to a pre

- determined location within the planned operatin g area and land or be recovered

.

The sUAS PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with operating

documents. The sUAS PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the sUAS with 25% battery power remaining.

The sUAS operated in accordance with this proposed exemption shall be identified by serial numbers, registered in accordance with 14 C.F.R part 47, and have identification (N

- Numb er) markings in accordance with 14 C.F.R part 45, Subpart C. Markings will be as large as practicable.

The sUAS documents required under 14 C.F.R 91.9 and 91.203 shall be available to the PIC at the Ground Control Station of the sUAS anytime the aircraft is operating. Those documents shall be available to the Administrator or any law enforcement official upon request.

Any sUAS incidents, accidents or flight operations that transgress the lateral or vertical boundaries of the operational area as defined by th e applicable COA shall be reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents shall be reported to the National Transportation Safety Board (NTSB) per instructions contained on the

NTSB Web site: www.ntsb.gov

.

Unless otherwise specified in this petition, the sUAS PIC, and the sUAS operations shall comply with all applicable parts of 14 C.F.R including, but not limited to, parts 45, 47, 61 and 91.

8. Petitioners should describe the characteristics of the area of intended operation(s) and the associated potential hazards, in accordance with the statutory mandate under Section 333 regarding proximity to populated areas. These issues can be addressed in the petition, an Operations Manual, or similar document.

### S ection 333 Exemption 1 1/23/15

5 of 8 The sUAS shall not be operated over congested or densely populated areas. These areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). Each work site will also be evaluated based on local conditions.

Operations of sUAS may be conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connection with these special purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essential persons are permitted when operationally necessary;

but never so close to present an undue hazard. This is consistent with Exemption No. 11138.

Operations of sUAS may be conducted at distances less than 500 feet from unoccupied vessels, vehicles or structures owned by the land owner/controller when the land owner/controller gran ts such permission, and the PIC makes a safety assessment of the risk from operations and determines that it does not present an undue hazard to persons or property. This is consistent with Exemption No. 11138.

Flight operations will be conducted at least 500 feet from all nonparticipating persons unless barriers or structures are present that sufficiently protect nonparticipating persons from the sUAS and/or debris in the event of an accident.

P i nnacle Design Group , Inc. shall ensure that nonparticipatin g persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the sUAS, flight operations will cease immediately. This is consistent with Exemption No. 11138.

All operations of sUAS shall be conducted with the permission from the land owner/controller or authorized representative. Permission from the land owner/controller or authorized representative will be obtained for each flight

to be conducted.

9. Petitioners should describ e if they intend to operate in the proximity of any airports, in accordance with the statutory mandate under Section 333 regarding proximity to airports.

The sUAS will not operate within 5 nautical miles of an airport reference point as denoted on a curren t FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management wil l be made available to the Administrator upon request. This is consistent with Exemption No 11159.

10. The UAS must be operated within visual line

- of

- sight (VLOS), in accordance with the statutory mandate under Section 333(b)(1). Petitioners should describ e how they intend to comply with t his mandate.

The sUAS must be operated within VLOS of the PIC and VO at all times. This requires the PIC to be able to use human vision to see the sUAS unaided by any device other than corrective lenses, as specified on the PIC’s FAA issued

medical certificate.

All sUAS operations must utilize a VO. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at al l times. The PIC and VO must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions n ecessary for safe flight

.

The sUAS will not be operated by the PIC from any moving device or vehicle. Operations will not be conducted during night as defined in 14 C.F.R 1.1.

11. Petitioners should describe any procedures they would implement for conducting a preflight sa fety risk assessment to determine that the UAS is in a condition for safe flight (14 C.F.R § 91.7(b)) and that the planned operation can be completed

### S ection 333 Exemption 1 1/23/15

6 of 8 safely. These procedures can be addressed in the petition, an Aircraft Flight Manual, Operations Manual, o r similar

document.

P innacle Design Group , Inc. will conduct preflight safety risk assessments to determine that the sUAS is in a condition for safe flight (14 C.F.R Section 91.7(b)) and that the planned operation can be completed safely. Specific procedures

are addressed in t he attached sUAS Operation Manual

.

12. If petitioners intend to conduct operations which have existing requirements to notify Flight Standards District Offices (FSDOs) prior to operations

– such as motion picture and television filming, or pipeline and power line patrol

– petitioners should describe their intended coordination in this regard for their proposed operation(s).

P innacle Design Group , Inc. operations do not require a notification to Flight Standards District Offices (FSDOs) at this

time.

13. The FAA intends to require entities who obtain an exemption under this process to also obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic Organization prior to conducting operation(s) in the NAS.

P innacle Design Group , Inc. shall obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this reques ted grant of exemption. Additionally, P innacle Design Group , Inc. will request a Notice to Airmen (NOTAM) not more than 72 hours, but not less than 48 hours prior to the operation.



# Requested Exemp tions from Regulations

14 C.F.R Part 21.185

- Airworthiness Certificate :
P innacle Design Group , Inc. recommends that in consideration of the size, weight, speed and limited operating area

associated with these aircraft and t heir operation, the Secretary of Transportation determine that these aircraft meet the conditions of Section 333. Relief is not necessary.

14 C.F.R. Part 45.23(b)

- Display of marks :
P innacle Design Group , Inc. sUAS shall be identified by serial number, registered in accordance with 14 C.F.R part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R part 45, Subpart C. Markings will be as large as practicable given the avail able space for application . Relief is not necessary.

14 C.F.R. Part 61.113(a)

- Private pilot privileges and limitations : The FAA has found in previous grants of exemption that a PIC with a private, recreational or sport pilot certificate operating a sUAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground. Request relief with limitat ions and conditions specified in this petition.

14 C.F.R. Part 61.133(b)

- Commercial pilot privileges and limitations : The FAA has found in previous grants of exemption that a PIC with a private, recreational or sport pilot certificate operating a sUAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground. Request relief with limitations and conditions specified in this petition.

14 C.F.R. Part 91.7(a)

- Civil Aircraft Airworthiness : Pinnacle Design Group, Inc. requests exemption from§ 91.7(a) because our UAS do es not have airworthiness certificates. Consequently, there is not applicable regulatory standard available to determine airwor thiness. The

### S ection 333 Exemption 1 1/23/15

7 of 8 equivalent level of safety will be provided through adherence to the maintenance and safety checklist usage standards pr e scribed herein and in the manufacturer ’ s Opera t ion Manual.

14 C.F.R. Part 91.9(b)(2) &(c)

- Civil Aircraft Flight Manual, Marking, and Placard Requirements : The FAA has previously determined that relief from these sections is not necessary. Relevant materials may be kept in

a location accessible to the PIC in compliance with the regulations. Relief is not necessary.

14 C.F.R. Part 91.103

- Preflight Action :
P innacle Design Group , Inc. will perform as outlined herein . Relief is not necessary.

14 C.F.R. Part 91.119(c)

- Minimum Sa fe Altitude : Aircraft will be operated below 400 AGL, but not over congested areas. Request relief with limitations and conditions specified in this petition.

14 C.F.R. Part 12 1

- Altimeter Settings : The proposed aircraft h as GPS derived altitude capabilities instead of a barometric altimeter

. P innacle Design Group

, Inc. recommends that the altimeter be set to zero feet AGL rather than local barometric pressure or field altitude before flight. All operations will be AGL relative to the ground level calibrated at takeoff. These procedures will result in an equivalent level of safety. Considering the limited altitu de of the proposed ope rations , r equest relief with limitations and conditions specified in this petition.

14 C.F.R. Part 91.151(a )

- Fuel Requirements in VFR : Prior relief has been granted for manned and unmanned aircraft to operate at less than prescribed minimums. Our

UAS i s battery powered and i s limited to approximately 3 5 minutes of powered flight. A 30 minute fuel reserve would affectively limit operations to 5 minutes of flight time, negatively impacting efficiency and utility. Additionally with the limited area of operation, size and speed of the UA the level of risk does not rise to the level that the regulation is intended to mitigate. An equivalent level of safety can be achieved by requiring at least 20% of battery power remaining (as determined by the onboard monitoring system and the PIC) when the UA lands at a safe landing area. Request relief with limitations and conditions specified in this petition.

14 C.F.R. Part 91.203(a) and (b)

- Certification s Required : Original intent of these regulations was to display an aircraft’s airworthiness, certification and registration documents so they would be easily available to inspectors and passengers. Based on the FAA Memorandum subject, “Interpretation regard ing whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, relief is not necessary.

14 C.F.R. Part 91.405(a)

- Maintenance Required : Request relief with limitations and conditions specified in this pet ition.

14 C.F.R. Part 91.407(a)(1)

- Operation after Maintenance : Request relief with limitations and conditions specified in this petition.

14 C.F.R. Part 91.409(a)(1) and (2)

– Inspections : Request relief with limitations and conditions specified in this petit ion.

14 C.F.R. Part 91.417(a) and (b)

- Maintenance Records : Request relief with limitations and conditions specified in this petition.

### S ection 333 Exemption 1 1/23/15

8 of 8 P innacle Design Group, Inc. believes the maintenance requirements in §§ 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2), 91.417(a) and (b) apply only to aircraft with an airworthiness certificate and are therefore not applicable to our UAS operations. In place of these requirements P innacle Design Group, Inc. will perform regular maintenance based on logged data as outlined h erein

. A regular maintenance schedule in addition to the aircrafts limited size, payload and operational constraints will provid e an equivalent level of safety in the maintenance and operation of t he UAS.

Pinnacle Design Group, Inc. hereby requests exemptions from 14 CFR §§ 61.113(a), 61.133(b), 9 1.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection as specified herein

.



# Public Interest

P innacle Design Group , Inc.’s operations of sUAS to perform aerial photography/vid eo acquisition, vertical and horizontal construction inspections, real estate, and land surveying activities will reduce risk to life and property by decreasing the requir ements of personnel to operate manned aircraft to perform these tasks. P innacle Design Group

, Inc. will use battery

- powered sUAS that serve as safe and efficient alternatives to the manned aircraft commonly

utilized to conduct inspe ctions/data collections and aerial mapping. Also, the flight data, inspection results, recorded observations and lessons learned from these operations will be compiled to further enhance its current safety

program.

The applicant proposes that the exemption s requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory str ucture because the proposed operations represent a safety enhancement to aerial photography/video acquisition, inspections/data collections and aerial mapping, which is currently being conducted by manned aircraft.

Pinnacle Design Group, Inc. ’ s operations of sUAS to gather data will enhance its abilit y to design and observe
construction of civil infrastructure in a sa fe, efficient

, and cost e ffective manner, th ereby provid i ng a high quality civil
infrastructure for p ublic use.



# Conclusion

As set forth above, P innacle Design Group , Inc. seeks exemption pursua nt to 14 C.F.R § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, which will permit safe operation of the above

- named sUAS commercially for the purpose of conducting aerial photography/video acquisition, vertical and horizontal constr uction inspections, real estate, and land surveying activities relative to data acquisition systems in non

- congested areas.

Respectfully Submitted,

David A. Slocum, P.E.

President Pinnacle Design Group, Inc. 570 Devall Drive, Suite 303 Auburn, AL 36832

334

- 703

- 8860