1

March	6,	2016

U.	S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Washington,	DC	20590

				Re:				Exemption	Request	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the	Federal	

Aviation	Regulations	from	14	C.F.R.	45.23(b); 14	CFR	Part	21; 14	CFR	

61.113(a)&(b);	91.7(a);	91.9(b)(2); 91.103(b);	91.109; 91.119;	91.121;	91.151(a);

91.203(a)	&	(b); 91.405	(a);	91.407(a)(1);	91.409(a)(2); 91.417(a)&(b).

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,	Tri-State	Aerial	Solutions, (“Tri-State	Aerial	Solutions”)	

Operator	 of	 Small	 Unmanned	 Aircraft	 Systems	 (“sUAS’s”)	 equipped	 to	 offer	 on-demand	

commercial	UAS	 operations	for	 a	 host	 of	 industries	 and	 applications	 and	to	 perform	the	

purposes	 listed	 below,	hereby	 applies	for	 an	 exemption	from	the	 listed	 Federal	Aviation	

Regulations	 (“FARs”)	 to	 allow	 commercial	 operation	 of	 its	 sUAVs/UAS,	 so	 long	 as	 such	

operations	 are	 conducted	within	 and	 under	the	 conditions	 outlined	herein	 or	 as	 may	 be	

established	 by	the	 FAA	 in	 an	 exemption	 granted	 under	 either	Section	 333	 or	Section	 49	

U.S.C.	§44701(f)	

As	 described	 more	 fully	 below,	 the	 requested	 exemption	 would	 permit	 the	

operation	 of	 a	 UAS	 under	 controlled conditions	 in	 airspace	 that	 is	 1)	 limited;	 2)	

predetermined;	 and	 3)	would	 provide	 safety	 enhancements	 in	the	fields	 in	which	 it	will	

operate,	 which	 now	 depend	 upon	 conventional	 aircraft	 or	 humans	 climbing	 high	 on	

dangerous	structures,	and	working	adjacent to	treacherous	infrastructure. Approval	of	this	

exemption	would	thereby	enhance	safety	and	fulfill	the	Secretary	of	Transportation’s	(the	

FAA	Administrator’s)	responsibilities	to	“...	establish	requirements	for	the	safe	operation	of	

such	aircraft	systems	in	the	national	airspace	system.”	Section	333(c)	of	the	Reform	Act.
2

Name and address of applicant:

Tri-State	Aerial	Solutions

Attn:	Jason	T.	Snyder (Private	Pilot)

Email:	jtsnyder85@gmail.com

Address:		1236 12th Street,	Nitro,	WV		25143

Background

Tri-State	Aerial	Solutions is	under	Jason	T.	Snyder’s direction.	 Jason	T.	Snyder	is	a	

private	 pilot	 (Private	 Pilot	 Certificate	 #2742561	 issued	 27DEC2002) and a	 highly	

accomplished,	capable,	experienced	and	trusted	professional.

Tri-State	 Aerial	 Solutions	 is	 an	 aerial	 photography	 firm	 specializing	 in	 safe	 and	

efficient	industrial	inspection	applications.

Tri-State	 Aerial	 Solutions	 employs	 professionals	 in	 the	 fields	 of	 photography,	

inspection and	 safety	 management.	 They	 have	 a	 combined	 29	 years of	flight	 and	 safety	

management	experience	and	are	experienced	with	the	systems,	characteristics	and	safety	

features	 of	 the	 sUAV	 equipment	 they	 operate.	 	 Aerial	 photography	 has	 become	 an	

important	 element	 in	 their	 inspection	 process	 and safety	 management.	 	 Tri-State	 Aerial	

Solutions	aims	to	provide	the	highest	quality	visuals	while	practicing	safety	measures	such	

as	 pre-flight	 safety	 check	 lists,	 pre-flight	 site	 walkthroughs	 and	 tours,	 pre-flight	

photography	shot	list	and	planning,	and	adherence	to	the	regulations	and	parameters	set	

forth	by	the	FAA.

Regulations from which the exemption is requested:

 14	CFR	Part	21

 14	C.F.R.	45.23(b)

 14	CFR	61.113	(a)	&	(b)

 14	C.F.R.	91.7	(a)

 14	CFR	91.9	(b)	(2)

 14	C.F.R.	91.103

 14	C.F.R.	91.109

 14	C.F.	R.	91.119

 14	C.F.R.	91.121

 14	CFR	91.151	(a)

 14	CFR	91.203	(a)	&	(b)

 14	CFR	91.405	(a)

 14	CFR	407	(a)	(1)

 14	CFR	409	(a)	(2)

 14	CFR	417	(a)	&	(b)
3

Introduction:

Tri-State	Aerial	Solutions requests	the	 agency	 issue	 a	 summary	 grant	 process	for	

this	 application.	 Tri-State	 Aerial	 Solutions has	 identified	 recently approved	 exemption	

numbers	 whereby	 the	 FAA	 has	 already	 granted	 a	 previous	 exemption	 similar	 to	 these

requests for	the	following:

 Commercial	purposes

 Type	of	sUAVs	(UAS)

 Title	14	Exemptions	

Description of Type, Make and Models of sUAV/UAS Requested:

Tri-State	Aerial	Solutions	is	seeking	an	exemption	to	commercially	operate	sUAV’s	

makes	and	models	as	follows:	

Blade	Chroma; DJI	Inspire	1;	DJI		Phantom	3

Each	sUAV	weighs	55	lbs.	or	less,	with	payload.		

Purposed Commercial Operation: 

This	 exemption	 request,	 once	 granted	 would	 allow	 Tri-State	 Aerial	 Solutions	 to	

operate	 a	 small	 unmanned	 aerial	 vehicle	 (sUAV),	 unmanned	 aircraft	 system	 (UAS)	 to	

conduct	 structural inspections,	 flare	 stack	 inspection,	 utility-power	 generation	 system	

inspections	 and	patrolling,	 aerial	inspection,	photography	 and	 videography	of	 residential	

and	 commercial	 real	 estate,	 aerial	 inspection,	 photography	 and	 videography	 of	 utility	

infrastructure	 including	 but	 not	 limited	to	 electrical	 power	 lines,	wind	turbines	 and	 cell	

towers,	pipeline	inspection	and	patrolling,	and	videography,	precision	agriculture	with	on	

board	 sensors,	 wildlife	 and	 forestry	 monitoring,	 aerial	 surveying,	 construction	 site	

inspection	 and	 monitoring,	 public	 entity	 support	 operations,	 aerial	 imaging	 for	 safety,	

monitoring	 and	 comparing	 work	 efforts	 and	 completion	 percentages,	 and	 security	 of	

controlled	 environment	 of	 various	 sites,	 aerial	 video	 and	 live	 video	 feed	 to	 assist	 with	

search	and	rescue	operations	under	the	authority	and	support	of	local	authority	officials,	

aerial	video	and	photography	for	public	and	private	use,	public	events,	training	to	persons	

individually	or	belonging	to	both	private	and	public	organizations	to	increase	awareness	

and	 improve	 safety	 for	 current	 and	 future UAS	 operations	 within	 the	 NAS,	 risk	

management	and	assessment,	mining,	disaster	and	catastrophe	events.
4

Public Benefit as a Whole:

Tri-State	 Aerial	 Solutions	 proposes	 the	 use	 of	 its	 sUAV	 provided	 equivalent	 or	

augmented	levels	of	safety	for	each	of	the	uses	proposed	herein:	

The	 present	 systems	 of	 photography	 and	 videography	 and	 mapping	 of	 inspecting	

the	roofs,	agriculture	land,	buildings	and	large	structures	site	surveys,	wild	life	monitoring,	

are	now	conducted	by	either	a	person	climbing	on	the	roofs	and	structures	that	are	steep,	

tall,	slippery,	weakened	or	otherwise	hazardous	or	by	the	use	of	conventional	aircraft.	

The	 current	 procedures	 can	 result	 in	 significant	 injuries	to	 the	 people	 who	 must	

climb	on	the	roofs	or	require	the	use	of	aircraft	that	are	orders	of	magnitude greater	in	size	

than	the	sUAV. Either	method,	manual	inspection	or	large	conventional	aircraft,	results	in	

increased	risk	of	injury	due	to	personnel	falling	off	roofs	or	ladders,	carrying	heavy	ladders	

and	 dealing	 with	 confined	 and	 dangerous	 spaces,	 or	 increased	 risk	 from	 low	 altitude	

flyovers	 with	 helicopters	 or	 fixed	 wing	 aircraft	 inspecting	 buildings	 after	 damage	 from	

storms	 or	 other	 disasters,	 such	 as	 earthquakes	 or	 fires.	 Such	 flights	 are,	 of	 course,	

significantly	more	expensive	than	those	undertaken	with	a	sUAV.	

The	present	system	exposes	those	not	only	in	the	immediate	area	of	inspection,	but	

those	 who	 are	 along	 the	 path	 of	 flight	 associated	 with	 the	 arrival	 and	 departure	 of	 the	

conventional	aircraft	at	the	inspection	site	because	the	aircraft	must	be	flown	to	and	from	

the	 site. By	 contrast,	 the	 sUAV	 is	 carried	 to	 the	 site	 and	 transits	 no	 other	 property.	

Conventional	 aircraft	 carry	 flammable	 fuels	 that	 are	 not	 carried	 by	 the	 sUAVs and	 emit	

pollutants	 associated	with	 internal	 combustion	 engines.	 The	 sUAVs	 proposed	 herein	 are	

battery	powered	and	have	no	emissions.

Aircraft and Equivalent Level of Safety to the Existing Rule:

Tri-State	 Aerial	Solutions	 proposes	that	the	 exemption	 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	the	operations	conducted	with	conventional	aircraft	or	

with	 humans	 climbing	 up	 and	 around	 structures.	 These	 conditions	 are	 drawn	 from	

Exemptions	11136,	11138,	11172,	11174	and	11177,	11062,	11109,	11112,	and	11213	and	

as	recent	as	11857.

These	limitations	and	conditions	to	which	Tri-State	Aerial	Solutions	(referred	to	as	

“operator”)	 agrees	 to	 be	 bound	 when	 conducting	 commercial	 operations	 under	 an	 FAA	

issued exemption	include:	
5

1) Operations	 authorized	 by	 this	 grant	 of	 exemption	 are	 limited	 to	 the	

aircraft	 described	 in	 the	 Operator’s	 manual,	 which	 is	 a	 multi-rotor	

weighing	up	to	55	pounds.	 Proposed	operations	of	any	other	aircraft	

will	require	a	new	petition	or	a	petition	to	amend	this	grant.	

2) The	UA	may	not	be	flown	 at	 an	indicated	 airspeed	 exceeding	30	mph	

(10	mph	during	inspections).	

3) The	UA	must	be	operated	at	an	altitude	of	no	more	than	200	feet	above	

ground	 level	 (AGL),	 as	 indicated	 by	 the	 procedures	 specified	 in	 the	

Operator’s	manual.	All	altitudes	reported	to	ATC	must	be	in	feet	AGL.	

4) The	 UA	 must	 be	 operated	 within	 visual	 line	 of	 sight	 (VLOS)	 of	 the	

Aircraft	Operator	at	all	times. This	requires	the	Aircraft	Operator	to	be	

able	to	use	human	vision	unaided	by	any	device	other	than	 corrective	

lenses.	

5) The	 Exemption	 Holder’s	 Manuals	 must	 be	 amended	 to	 include	 all	

conditions	and	limitations	required	by	the	FAA.	 The	Manuals	must	be	

maintained	and	made	available	to	the	Administrator	upon	request.	 If	a	

discrepancy	 exists	 between	 the	 conditions	 and	 limitations	 in	 the	

exemption	 and	 the	 procedures	 outlined	 in	 the	 Exemption	 Holder’s	

Operator’s	manual,	the	conditions	and	limitations	in	the	exemption	take	

precedence	 and	 must	 be	 followed.	 Otherwise,	 the	 Aircraft	 Operator	

must	 follow	 the	 procedures	 as	 outlined	 in	 its	 Aircraft’s	 manual.	 The	

Exemption	Holder	may	update	or	revise	its	Manuals.	It	is	the	Exemption	

Holder’s	responsibility	to	track	such	revisions	and	present	updated	and	

revised	documents	to	the	Administrator	upon	request.	 The	Exemption	

Holder	must	also	present	updated	and	revised	documents	if	it	petitions	

for	 an	 extension	 or	 amendment	 of	 this	 exemption. If	 the	 Exemption	

Holder	determines	that	 any	 update	 or	 revision	would	 affect	the	 basis	

upon	 which	 the	 FAA	 granted	 this	 exemption,	 then	 the	 Exemption	

Holder	must	petition	for	amendment	to	its	exemption.

6) Prior	 to	 each	 flight,	 the	 Aircraft	 Operator	 must	 inspect	 the	 UAS	 to	

ensure	 it	 is	 in	 a	 condition	 for	 safe	 flight.	 If	 the	 inspection	 reveals	 a	

condition	 that	 affects	 the	 safe	 operation	 of	 the	 UAS,	 the	 aircraft	 is	

prohibited	 from	 operating	 until	 the	 necessary	 maintenance	 has	 been	

performed,	and	the	UAS	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	 the	

aircraft	records.

7) Any	UAS	that	has	undergone	maintenance	or	alterations	that	affect	the	

UAS	 operation	 or	 flight	 characteristics,	 e.g.,	 replacement	 of	 a	 flight	
6

critical	component,	must	undergo	a	functional	test	flight	in	accordance	

with	 the	 Exemption	 Holder’s	 Manuals.	 The	 Aircraft	 Operator	 who	

conducts	 the	 functional	 test	 flight	 must	 make	 an	 entry	 in	 the	 UAS	

aircraft	 records	 of	the	flight.	 The	 requirements	 and	 procedures	for	 a	

functional	 test	 flight	 and	 aircraft	 record	 entry	 must	 be	 added	 to	 the	

Exemption	Holder’s	Operator’s	manual.

8) The	 Exemption	 Holder	 must	 follow	 the	 manufacturer’s	 UAS	

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.

9) The	Exemption	Holder	must	carry	out	its	maintenance,	inspections,	and	

record	 keeping	 requirements	 in	 accordance	 with	 the	 Operator’s	

Manuals.	Maintenance,	inspection,	and	alterations	must	be	noted	in	the	

aircraft	 logbook,	 including	 total	 flight	 hours,	 description	 of	 work	

accomplished,	and	the	signature	of	the	authorized	technician	returning	

the	UAS	to	service.

10) The	 authorized	 technicians	 must	 receive	 and	 document	 training	

referenced	in	the	Exemption	Holder’s	Manuals.

11) Each	 UAS	 operated	 under	 this	 exemption	 must	 comply	 with	 all	

manufacturer	System	and	Safety	Bulletins.

12) The	 Exemption	 Holder’s	 maintenance	 personnel	 must	 make	 a	 record	

entry	 in	 the	 UAS	 logbook	 or	 equivalent	 document	 of	 the	 corrective	

action	taken	against	discrepancies	discovered	between	inspections.

13) Prior	 to	 commencing	 operations,	 the	 Aircraft	 Operator	 shall	 have	

logged	at	least	25	hours	of	total	time	as	a	UA	rotorcraft	pilot	and	at	least	

ten	hours	logged	as	a	UA	pilot	with	a	similar	UA	type	and	5	hours	in	the	

make	and	model.

14) If	the	UAS	 loses	 communications	 or	 loses	 its	GPS	 signal,	the	UA	 must	

return	 to	 a	 pre-determined	 location	 within	the	 private	 or	 controlledaccess	 property	 and	 land	 or	 be recovered	 in	 accordance	 with	 the	

Exemption	Holder’s	Manuals.

15) The	Aircraft	Operator	must	abort	the	flight	in	the	event	of	unpredicted	

obstacles	 or	 emergencies,	 including	 unauthorized	 people	 entering	the	

flight	area,	in	accordance	with	the	Exemption	Holder’s	Manuals.

16) The	Aircraft	Operator	is	prohibited	from	beginning	a	UAS	flight	unless	

(considering	 wind	 and	 forecast	 weather	 conditions)	 there	 is	 enough	

power	to	fly	to	the	first	point	of	intended	landing	and,	assuming	normal	

cruising	speed,	to	fly	after	that	for	at	least	10	minutes.
7

17) All	 aircraft	 operated	 in	 accordance	 with	 the	 exemption	 must	 be	

identified	by	serial	number,	registered	in	accordance	with	14	CFR	part	

47,	 and	have	identification	(N- Number)	markings	in	 accordance	with	

14	CFR	part	45,	Subpart	C.	Markings	must	be	as	large	as	practicable.

18) Before	 conducting	 operations,	 the	 radio	 frequency	 spectrum	 used	 for	

operation	 and	 control	 of	 the	 UA	 must	 comply	 with	 the	 Federal	

Communications	 Commission	(FCC)	 or	 other	 appropriate	 government	

oversight	agency	requirements.

19) The	 documents	 required	 under	 14	 CFR	 91.9	 and	 91.203	 must	 be	

available	to	the	Operator	at	the	Ground	Control	Station	of	the	UAS	any	

time	the	aircraft	is	operating. These	documents	must	be	made	available	

to	the	Administrator	or	any	law	enforcement	official	upon	request.	

20) The	 UA	 must	 remain	 clear	 and	 yield	 the	 right	 of	 way	 to	 all	 other	

manned	operations	and	activities	at	all	times	(including,	but	not	limited	

to,	ultra-light	vehicles,	parachute	activities,	parasailing	activities,	hang	

gliders,	etc.).

21) The	UA	may	not	be	operated	by	the	Aircraft	Operator	from	any	moving	

device	or	vehicle.

22) UAS	 operations	 may	 not	 be	 conducted	 during	 night,	 as	 defined	 in	 14	

CFR	1.1.

23) All	 operations	 must	 be	 conducted	 under	 visual	 meteorological	

conditions	(VMC).	The	UA	may	not	be	operated	less	than	500	feet	below	

or	 less	than	 2,000	feet	 horizontally	from	 a	 cloud	 or	when	 visibility	 is	

less	than	3	statute	miles	from	the	Operator.

24) During	operations	the	UA	may	not	operate	within	5	nautical	miles	of	the	

geographic	center	of	an	airport	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,	 if	 as	 required	 by	 the	 Operator’s	 COA.	 The	 letter	 of	

agreement	with	the	airport	management	must	be	made	available	to	the	

Administrator	upon	request.

25) The	UA	may	not	be	operated	over	congested	or	densely	populated	areas	

unless	the	conditions	set	for	in	#26	are	satisfied.	 These	populated	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).	However,	aeronautical	 charts	may	not	

reflect	 pertinent	 local	 information. Ultimately,	 it	 is	 the	 Operator’s	

responsibility	 to	 maintain	 the	 minimum	 safe	 altitudes	 required	 by	 §	

91.119	(d)	(1).	
8

26) Flight	 operations	 must	 be	 conducted	 at	 least	 500	 feet	 from	 all	

nonparticipating	persons,	vessels,	vehicles,	and	structures	unless:	

a. Barriers	 or	 structures	 are	 present	 that	 sufficiently	 protect	

nonparticipating	persons	from	debris	in	the	event	of	an	accident.	

The	Aircraft	Operator	must	ensure	that	nonparticipating	persons	

remain	 under	 such	 protection.	 If	 a	 situation	 arises	 where	

nonparticipating	persons	leave	such	protection	and	are within	30	

feet	of	the	UA,	flight	operations	must	cease	immediately	and/or;

b. The	aircraft	is	operated	near	vessels,	vehicles	or	structures	where	

the	 land	 owner/controller	 has	 granted	 permission	 and/or	 the	

Aircraft	 Operator	 has	 made	 a	 safety	 assessment	 of	 the	 risk	 of	

operating	closer	to	those	objects	and;

c. Operations	 near	 the	 Aircraft	 Operator	 do	 not	 present	 an	 undue	

hazard	to	the	Operator	per	§	91.119(a).

27) All	 operations	 shall	 be	 conducted	 over	 private	 or	 controlled-access	

property	 with	 permission	 from	 the	 land	 owner/controller	 or	

authorized	 representative.	 Permission	 from	 land	 owner/controller	 or	

authorized	 representative	 will	 be	 obtained	 for	 each	 flight	 to	 be	

conducted.

28) Any	incident,	accident,	or	flight	operation	that	transgresses	the	lateral	

or	 vertical	 boundaries	 of	 the	 operational	 area	 as	 defined	 by	 the	

applicable	 COA	 must	 be	 reported	to	the	 FAA’s	UAS	Integration	Office	

(AFS-80)	within	24	hours.	 Accidents	must	be	reported	to	the	National	

Transportation	Safety	Board	(NTSB)	per	instructions	contained	on	the	

NTSB	Web	site:	www.ntsb.gov.	

Equivalent Level of Safety:

14	C.F.R.	§	61.113(a)	&	(b);:	Private	Pilot	Privileges	and	Limitations; Pilot	in	Command;	

Section	61.113(a)	&	(b)	limit	private	pilots	to	non-commercial	operations.	Unlike	a	

conventional	 aircraft	 that	 carries	 a	 pilot,	 passengers,	 and	 cargo,	 the	 Tri-State	 Aerial	

Solution’s	sUAV	is	remotely	controlled	with	no	passengers	or	property	of	others	on	board.	

Section	 61.133(a)	 requires	 an	 individual	 with	 a	 commercial	 pilot’s	 license	to	 be	 pilot	 in	

command	of	an	aircraft	for	compensation	or	hire.	

Tri-State	 Aerial	 Solution’s	 UAV	 respectfully	 proposes	 that operator	 requirements	

should	 take	 into	 account	 the	 characteristics	 of	 the	 particular	 UAS.	 Tri-State	 Aerial	

Solution’s UAV	has	a	high	degree	of	pre-programmed	control	and	various	built-in	technical	

capabilities	that	strictly	limit	the	potential	for	operation	outside	of	the	operating	conditions	

set	forth	in	the	exemption	application.	 Tri-State	Aerial	Solution’s	UAV has	navigation	and	
9

control	system	comprised	of	a	Ground	Control	Station	(GCS)	and	auto-pilot	system	that	can	

be	pre-programmed	to	 set	operational boundaries. All	flights	 are	pre-programmed	with	

precision	 GPS	 guidance.	 In	 the case	 of	 unplanned	 events,	 the	 operator	 may	 input	 preprogrammed	evasive	maneuvers	from	the	control	unit,	and	the	onboard	autopilot	executes	

those	maneuvers.		Pre-programmed	operator	interventions	include	initiation	of	holding	at	

present	position;	 suspension	of	mission;	fly	back	to	launch	point;	abort	mission	and	land	

immediately;	and	emergency	power	cut	off	and	land	(Flight	Termination	System).	

Additional	automated	safety	functions	and	safety	enhancing	features	of	the	Tri-State	Aerial	

Solution’s	sUAVs may	include	the	following:

1.1.	 Auto-pilot	 detection	 of	 lost	 GPS	 or	 of	 insufficient	 satellites	 initiates	 an	

immediate	landing.

1.2.	Low	power	on	the	aircraft	triggers	escalating alarms	at	GCS	at	35%	and	10%	

levels.	Low	power	below	10%	triggers	an	immediate	landing.

1.3.	If	the	auto-pilot	detects	a	lost-link	to	the	ground	controller,	the	UAS	will	hold	

position	at	its	current	location	for	5	seconds	and	if	the	signal	is	not	restored,	

execute	a	return	to	home	and	land.

1.4.	Redundant	“kill	switches”	that	enable	completely	shutting	the	aircraft	down	in	

flight	 in	the	 event	 of	 a	 loss	 of	 control	 or	 un-commanded	 deviation	 from	the	

flight	path.	

1.5.	The	aircraft,	weighs	less	than	55	lbs.,	fully	loaded.

1.6.	The	motors	are	driven	by	pulse	width	modulated	signals,	not	analog	signals.

1.7.	 The	 aircraft	 will	 operate	 for	 the	 Purposes	 at	 no	 more	 than	 30	 mph	 (while	

imaging)	nor	above	200	feet	above	AGL.	

In	 addition	to these	 safety	features,	operators	of	the	Tri-State	Aerial	Solution’s	 sUAV	 are

required	to	hold	a	private	pilot	certification.	

The	 risks	 associated	with	the	operation	of	the	Tri-State	Aerial	Solution’s	 sUAV	(given	its	

size,	speed,	operational	capabilities,	and	lack	of	combustible	fuel)	are	so	diminished	from	

the	level	of	risk	associated	with	conventional	aircraft operations contemplated	by	Part	61	

with	conventional	aircraft	(fixed	wing	or	rotorcraft),	that	allowing	operations	of	the	UAS	as	

set	 forth	 above	 meets	 or	 exceeds	the	 present	 level	 of	 safety	 provided	 under	 14	 C.F.R.	 §	

61.113(a)	&	(b).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This	 regulation	 requires	that	no	person	may	operate	 a	 civil	 aircraft	unless	it	is	in	

airworthy	condition.	 Should	the	exemption	be	granted	allowing	commercial	operation	of	

the	UAS	without	an	airworthiness	certificate,	no	standard	will	exist	for	airworthiness	of	the	

UA.	Given	the	size	of	the	aircraft and	the	requirements	that	the	operator	has	agreed	to	as	it	

relates	to	airworthiness,	as	contained	in	the	manual,	an	equivalent	level	of	 safety	will	be	

achieved	 by	 insuring	 compliance	 with	 the	 manuals	 prior	 to	 each	 flight.	 The	 FAA	 has	

granted	 exemptions	to	 conduct	 similar	 operations	 in	 Exemptions	 11062	through	 11067,	

11080	and	11110.
10

14 C.F.R. §91.119: Minimum safe altitudes

Section	 91.119	 establishes	 safe	 altitudes	 for	 operation	 of	 civil	 aircraft.	 Section	

91.119	 (d)	 allows	 helicopters	 to	 be	 operated	 at	 less	 than	 the	 minimums	 prescribed,	

provided	 the	 person	 operating	 the	 helicopter	 complies	 with	 any	 route	 or	 altitudes	

prescribed	for	helicopters	by	the	FAA.	 As	this	exemption	is	for	a	sUAS	that	is	a	helicopter	

and	the	exemption	requests	authority to	operate	at	altitudes	up	to	200	AGL,	an	exemption	

may	be	needed	to	allow	such	operations.	

The	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.	 No	flight	will	be	taken	without	the	permission	

of	the	property	owner,	facility	owner,	and/or	local	officials.	 Because	of	the	advance	notice	

to	 the	 property	 owner	 and	 participants,	 all	 affected	 individuals	 will	 be	 aware	 of	 the	

planned	 flight	 operations.	 Compared	 to	 flight	 operations	 with	 aircraft	 or	 rotorcraft	

weighing	 far	 more	 than	 the	 maximum	 55	 lbs.	 and	 the	 lack	 of	 flammable	 fuel,	 any	 risk	

associated	with	these	operations	is	far	less	than	those	presently	presented	by	conventional	

aircraft	operating	at	or	below	500	AGL	in	the	aerial	photography	industry.	 In	addition,	the	

low-altitude	 operations	 of	 the	 sUAS	 will	 ensure	 separation	 between	 these	 small-UAS	

operations	 and	 the	 operations	 of	 conventional	 aircraft	 that	 must	 comply	 with	 Section	

91.119.	 The	 FAA	 has	 granted	 exemptions	 to	 conduct	 similar	 operations	 in	 Exemptions	

11062	through	11067,	11080	and	11110.

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	 altimeter	 setting	 available	 before	 departure.”	 As	 the	 Tri-State	 Aerial	

Solution’s	 sUAV,	 in	 manual	 or	 emergency	 mode,	 will	 not	 have	 a	 barometric	 altimeter	

display,	but	instead	a	GPS	altitude	display,	an	exemption	will	be	needed. The	operator will	

achieve	an	equivalent	level	of	safety.	The	FAA	has	granted	exemptions	to	conduct	similar	

operations	in	Exemptions	11062	through	11067,	11080	and	11110.

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

Section	 91.151(a)	 prohibits	 an	 individual	 from	 beginning	 “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.”	
11

Tri-State	Aerial	Solutions believes	that	an	exemption	from	14	CFR	§91.151(a)	falls	

within	 the	 scope	 of	 prior	 exemptions.	See	 Exemption	 10673	(allowing	 Lockheed	 Martin	

Corporation	to	operate	without	compliance	with	FAR	91.151	(a)).	Operating	the	small	UAS,	

in	 a	 tightly	 controlled	 area	 where	 only	 people	 and	 property	 owners	 or	 official	

representatives	 who	 have	 signed	 waivers	 will	 be	 allowed,	 with	 less	 than	 30	 minutes	 of	

reserve	fuel,	does	not	engender	the	type	of	 risks	that	Section	91.151(a)	was	intended	to	

alleviate	given	the	size	and	speed	of	the	small	UAS.

Tri-State	Aerial	Solutions believes	that	an	equivalent	level	of	safety	can	be	achieved	

by	limiting	flights	to	15 minutes	or	25%	of	 remaining	battery	power	whichever	happens	

first.	 This	 restriction	 would	 be	 more	 than	 adequate	 to	 return	 the	 sUAS	 to	 its	 planned	

landing	 zone	from	anywhere	in	its	limited	operating	area.	Similar	exemptions	have	been	

granted	 to	 other	 operations,	 including	 Exemptions	 2689F,	 5745,	 10673,	 10808	 and	

Exemptions	11062,	through11067,	11080	and	11110.

14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance 

Inspections

These	 regulations	 require	 that	 an	 aircraft	 Operator	 or	 owner	 “shall	 have	 that	

aircraft	 inspected	 as	 prescribed	 in	 subpart	 E	 of	 this	 part	 and	 shall	 between	 required	

inspections,	 except	 as	 provided	 in	 paragraph	 (c)	 of	 this	 section,	 have	 discrepancies	

repaired	as	prescribed	in	part	43	of this	chapter...,”	and	others	shall	inspect	or	maintain	the	

aircraft	in	compliance	with	Part	43.	

Given	that	these	 sections	and	Part	43	apply	only	to	aircraft	with	an	airworthiness	

certificate,	these	sections	will	not	apply	to	Tri-State	Aerial	Solutions. Maintenance	will	be	

accomplished	by	the	operator	or	manufacturer	pursuant	to	the	flight	manual	and	operating	

handbook	 as	 referenced	 in	the	 Manuals	 attached	 as an	 equivalent	 level	 of	 safety	will	 be	

achieved	because	these	small	UASs	are	very	limited	in	size	and	will	carry	a	small	payload	

and	operate	only	in	defined	areas	for	limited	periods	of	time.	 If	mechanical	issues	arise,	the	

UAS	 can	 land	 immediately	 and	 will	 be operating	 from	 no	 higher	 than	 200	 feet	 AGL.	 As	

provided	in	the	Aircraft	Flight	Operations	Manual	the	operator	will	ensure	that	the	UAS	is	

in	working	order	prior	to	initiating	flight,	perform	required	maintenance,	and	keep	a	log	of	

any	 maintenance	 performed. Additionally,	 the	 operator	 and	 manufacturer	 are	 most	

familiar	with	the	aircraft	and	best	suited	to	maintain	the	aircraft	in	an	airworthy	condition	

to	 provide	 the	 equivalent	 level	 of	 safety.	 The	 FAA	 has	 granted	 exemptions	 for	 similar	

operations	in	Exemptions	11062	through	11067,	11080	and	11110.
12

Federal Register Publication:

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:

Tri-State	Aerial	Solutions seeks	an	exemption	from	the	following	rules:

14	C.F.R.	§§	61.113(a)	&	(b);	91.7(a);	91.119;	91.121;	91.151(a);	91.405(a);

91.407(a)(1);	 91.409(a)(2)	 and	 91.417	 (a)	 &	 (b)	 to	 operate	 commercially	 a	 small	

unmanned	 vehicle	 (55	 lbs.	 or	 less)	 for	 the	 following	 purposes:	 to	 conduct	 bridge	

inspections,	 flare	 stack	 inspection,	 utility-power	 generation	 system	 inspections	 and	

patrolling,	 aerial	 inspection	 and	 photography	 of	 residential	 and	 commercial	 utility	

infrastructure	 including	 but	 not	 limited	to	 electrical	 power	 lines,	wind	turbines	 and	 cell	

towers,	pipeline	inspection	and	patrolling,	filmmaking,	cinematography,	and	videography,	

precision	agriculture	with	on	board	sensors,	wildlife	and	forestry	monitoring	and	mosquito	

and	 insect	 control,	 aerial	 surveying,	 construction	 site	 inspection	 and	 monitoring,	 public	

entity	support	operations,	aerial video	and	live	video	feed	to	assist	with	search	and	rescue	

operations	 under	 the	 authority	 and	 support	 of	 local	 authority	 officials,	 aerial	 video	 and	

photography	 for	 public	 and	 private	 use	 including	 television,	 public	 events,	 and	

cinematography	 live	 feed	 and	 live	 newsgathering,	 training	 to	 persons	 individually	 or	

belonging	 to	 both	 private	 and	 public	 organizations	 to	 increase	 awareness	 and	 improve	

safety	for	current	and	future	UAS	operations	within	the	NAS,	special	events:	including	high	

schools,	colleges,	professional	sports,	open	air	events	and	fairs,	research,	risk	management	

and	assessment,	motion	picture	production,	surface	mining,	closed	set	filming,	disaster	and	

catastrophe	events.

Summary:

Approval	 of	 exemptions	 allowing	 commercial	 operations	 of	 sUAVs	 for	 Tri-State	

Aerial	 Solutions to	 operate	 an	 unmanned	 aircraft	 system	 (UAS)	 to	 conduct	 structural	

inspections,	 flare	 stack	 inspection,	 utility-power	 generation	 system	 inspections	 and	

patrolling,	aerial	inspection,	photography	and	videography	of	 residential	and	commercial	

real	 estate,	 aerial	 inspection,	 photography	 and	 videography	 of	 utility	 infrastructure	

including	but	not	limited	to	electrical	power	lines,	wind	turbines	and	cell	towers,	pipeline	

inspection	 and	 patrolling,	 and	 videography,	precision	 agriculture	with	 on	 board	 sensors,	

wildlife	 and	 forestry	 monitoring,	 aerial	 surveying,	 construction	 site	 inspection	 and	

monitoring,	 public	 entity	 support	 operations,	 aerial	 imaging	 for	 safety,	 monitoring	 and	

comparing	 work	 efforts	 and	 completion	 percentages,	 and	 security	 of	 controlled	

environment	 of	 various	 sites,	 aerial	 video	 and	 live	 video	 feed	 to	 assist	 with	 search	 and	

rescue	operations	under	the	authority	and	support	of	local	authority	officials,	aerial	video	

and	photography	for	public	and	private	use,	public	events,	training	to	persons	individually	

or	belonging	to	both	private	and	public	organizations	to	increase	awareness	and	improve	
13

safety	 for	 current	 and	 future	 UAS	 operations	 within	 the	 NAS,	 risk	 management	 and	

assessment,	mining,	disaster	and	catastrophe	events.

Conventional	 operations,	 using	 jet	 or	 piston	 powered	 aircraft,	 ladders	 or	 placing	

people on	 roofs	or	tall,	hazardous	or	weakened	 structures,	 exposes	them	to	higher	 risks	

than	those	created	by	use	of	a	sUAVs.	 Conventional	aircraft	that	operate	at	extremely	low	

altitudes	just	feet	from	the	subject	being	inspected	and	in	extreme	proximity	to	people	and	

structures	 present	 the	 risks	 associated	 with	 vehicles	 that	 weigh	 in	 excess	 of	 6,000	 lbs.,	

carrying	large	amounts of	jet	A	or	other	fuel	(140	gallons	for	jet	helicopters).	Such	aircraft	

must	fly	to	and	from	the	project	location.	In	contrast,	a	sUAV	weighing	fewer	than	55	lbs.	

and	powered	by	batteries	eliminates	virtually	all	of	that	risk	given	the	reduced	mass	and	

lack	of	combustible	fuel	carried	on	board.	 The	sUAV	is	carried	to	the	target	area	and	not	

flown.	 The	sUAV	will	carry	no	passengers	or	crew	and,	therefore,	will	not	expose	them	to	

the	risks	associated	with	manned	aircraft	flights.

The	operation	of	small	UASs,	weighing	less	than	55	lbs.,	conducted	under	the	strict	

conditions	outlined	above,	will	provide	an	equivalent	level	of	safety	supporting	the	grant	of	

the	exemptions	requested	herein. These	lightweight	aircraft	operate	at	slow	speeds,	close	

to	the	ground,	and	in	areas	that	are	under	the	control	of	the	customer	for	the	operations	

and,	 as	 a	 result,	 are	 far	 safer	 than	 conventional	 operations	 conducted	 with	 helicopters	

operating	in	close	proximity	to	the	ground	and	people	or	the	use	of	individuals	to	climb	the	

structures	to	conduct	the	operations.

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	– provide	more	than	adequate	

justification	for	the	 grant	of	the	 requested	 exemptions	 allowing	 commercial	operation	of	

Tri-State	Aerial	Solution’s UAS	for	the	 purposes	 outlined	 herein	 and	 are	 consistent	with	

exemptions	already	granted,	including	Exemptions	number	11171	through	11174,	11176,	

11177,	11062,	11109,	11112,	and	11213	and	as	recent	as	15151.

Sincerely,

Jason T. Snyder (Private	Pilot	Certificate	#2742561	issued	27DEC2002)

Tri-State	Aerial	Solutions

1236 12th Street

Nitro,	WV	25143