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 Pinnacle 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 inspections, 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, Pinnacle Design Group, Inc. plans to use additional safety precautions where 

they see fit to ensure safe sUAS operations. Implementation 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 gallons of flammable fuel. Please allow 

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

Introduction and Interest of Petitioner

Pinnacle Design Group, Inc. is a professional service entity located in Auburn, AL that intends to use a current DJI 

Phantom 3 Professional 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 the sUAS 

operator to make a responsible effort to not invade a person's reasonable expectation of privacy when operating the 

UAS while performing safe flight operations. 

Regarding the Unmanned 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 

characteristics of the UAS, including the operational history and operational failure modes, obtained through previous 
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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 the 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 describe 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 oversight agency requirements.

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

request.

Pinnacle 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 shall 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 the 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 discrepancies 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 functional 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.

Pinnacle 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.

Pinnacle Design Group, Inc. shall carry out maintenance, inspections and record keeping. Maintenance, inspection, 

and alterations shall be noted in the aircraft log book, including total flight hours, and description of work

accomplished. Only personnel who are authorized shall perform such operations. 

The 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 government 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.
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DJI Phantom 3 Professional

Pinnacle Design Group, Inc. seeks an exemption to operate a DJI Phantom 3 Professional model sUAS, for 

compensation or hire. The DJI Phantom 3 Professional is comprised of a quad-rotor unmanned aircraft and a 

handheld ground control station. The Phantom 3 Professional has a maximum gross weight of approximately 1280 g, 

width of 289.5 mm, and height of 185 mm. The Phantom 3 Professional is equipped with four rotors driven by four 

lithium polymer battery powered electric motors.

Additional design and operational characteristics are provided in the DJI Phantom 3 Professional Operating Manual, 

submitted as an attachment herein. 

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 operation; 

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 medical standards and certification of the PIC(s) directly responsible for the operation of 

the UAS.

All flight crewmembers, including Pinnacle Design Group, Inc. PIC and VO, will have an understanding of, and comply 

with, Title 14 Code of Federal Regulations, and/or Agency directives and regulations, applicable to the airspace where 

the sUAS will operate. Specifically all Pinnacle Design Group, Inc. flight crew members will receive training on the 

rules and responsibilities described in 14 C.F.R Part 91 Sections 91.111, 91.113 and 91.115 regarding cloud clearance, 

flight visibility and the pilot controller glossary, including standard ATC phraseology and communication.

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

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

David 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 

type (fixed wing or rotary). 

All operations must 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 with 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 would 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 persons and property both in the air and on the 

ground. This can be described in the petition, in an Operations Manual, or similar document.
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NOTE: The FAA will closely examine the proposed operation(s) with respect to safety of flight, NAS safety considerations, 

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 

distance 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 sUAS 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.

Pinnacle Design Group, Inc. sUAS Operations 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 communications or loses its GPS signal, it must return to a pre-determined location within the 

planned operating 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- Number) 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 the 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.
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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 grants 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. 

Pinnacle Design Group, Inc. shall ensure that nonparticipating 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 describe 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 current 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 will 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 describe how they intend to comply with this 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 all 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 necessary 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 safety 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
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safely. These procedures can be addressed in the petition, an Aircraft Flight Manual, Operations Manual, or similar 

document.

Pinnacle 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 the 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).

Pinnacle 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.

Pinnacle Design Group, Inc. shall obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization 

(COA) prior to conducting any operations under this requested grant of exemption. Additionally, Pinnacle 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 Exemptions from Regulations

14 C.F.R Part 21.185 - Airworthiness Certificate :

Pinnacle Design Group, Inc. recommends that in consideration of the size, weight, speed and limited operating area 

associated with these aircraft and their 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:

Pinnacle 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 available 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 limitations 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 does not have airworthiness 

certificates. Consequently, there is not applicable regulatory standard available to determine airworthiness. The 
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equivalent level of safety will be provided through adherence to the maintenance and safety checklist usage 

standards prescribed herein and in the manufacturer’s Operation 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:

Pinnacle Design Group, Inc. will perform as outlined herein. Relief is not necessary.

14 C.F.R. Part 91.119(c) - Minimum Safe 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 121 - Altimeter Settings:

The proposed aircraft has GPS derived altitude capabilities instead of a barometric altimeter. Pinnacle 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 altitude of the proposed operations, request 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 is battery powered and is limited to approximately 35 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) - Certifications 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 regarding 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 petition.

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 petition.

14 C.F.R. Part 91.417(a) and (b) - Maintenance Records:

Request relief with limitations and conditions specified in this petition.
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Pinnacle 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 Pinnacle Design Group, Inc. will perform regular maintenance based 

on logged data as outlined herein. A regular maintenance schedule in addition to the aircrafts limited size, payload 

and operational constraints will provide an equivalent level of safety in the maintenance and operation of the UAS.

Pinnacle Design Group, Inc. hereby requests exemptions from 14 CFR §§ 61.113(a), 61.133(b), 91.7(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

Pinnacle Design Group, Inc.’s operations of sUAS to perform aerial photography/video acquisition, vertical and 

horizontal construction inspections, real estate, and land surveying activities will reduce risk to life and property by 

decreasing the requirements of personnel to operate manned aircraft to perform these tasks. Pinnacle Design Group, 

Inc. will use battery-powered sUAS that serve as safe and efficient alternatives to the manned aircraft commonly 

utilized to conduct inspections/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 exemptions 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 structure 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 ability to design and observe 

construction of civil infrastructure in a safe, efficient, and cost effective manner, thereby providing a high quality civil 

infrastructure for public use.

Conclusion

As set forth above, Pinnacle Design Group, Inc. seeks exemption pursuant 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 construction 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