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January 28, 2016

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue SE 

Washington, DC 20590 

RE: Petition for Exemption from Certain Federal Air Regulations according to 

Section 333 of the FAA Reform Act of 2012 

Dear Sir or Madam: 

Tri-Point Construction Layout Inc. is applying for an exemption from the Code of Federal Regulations detailed below. The requested exemption would permit commercial operation of its 

Leica Geosystems Aibotix X6 Unmanned Aircraft System (UAS) for the purpose of aerial inspection and monitoring, aerial photogrammetry, and aerial filming for our commercial construction business.

BACKGROUND 

With the advent of technological leaps in construction measurement technology, UAS brings a new 

and safer method of capturing jobsite data to improve the commercial construction workflow. TriPoint, is a leader in the commercial building and heavy highway industry utilizing cutting edge technology to assist clients in maximizing productions Because of our business model we continually 

strive and improve our workflows and best practices to pass along the best product to our clients. . 

This is accomplished by utilizing the latest in measurement technology with highly trained and staff 

dedicated to safety as routinely practiced in the construction industry. To keep projects on track and 

on budget, contractors need continuous updates as to the progress of various aspects of the project. 

Updates such as the amount of earthwork that has been performed, available construction materials, 

asset tracking, building progress, and environmental compliance just to name a few. Traditional 

measurement collection methods can be time consuming and involve climbing on loose material 

stockpiles, climbing structures and using scaffolding, all of which are governed by OSHA and 

MSHA safety procedures. These collection methods can potentially be hazardous due to risk of fall 

or being struck by heavy equipment or falling debris. Tri-Point has determined that UAS will bring a 

new element of safety to the job site by reducing the risk to employees working in hazardous conditions for data collection while simultaneously improving the construction workflow and increasing 

the amount and quality of the data being collected and potential lower company EMR’s. 

In response to commercial demand for sUAS use, the FAA has previously granted to operators the 

privilege to fly in the NAS. The following approved 333 exemption petitions describe similar uses to 

those that Tri-Point seeks: 
 

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 For aerial inspections: exemption no. 11216, Solusia Air, LLC; exemption no. 11422, Soar 

Environmental Consulting; exemption no. 11241, Phoenix Air

 For geospatial mapping: exemption no. 11393, Surveying and Mapping, LLC; exemption no. 

11397, Colorado Cartographics

 For aerial imaging and filming: exemption no. 11150, AerialCine; exemption no. 11240, Aerial Flight.

 For aerial data collection, exemption no. 11343, Woolpert; exemption no. Draganfly Innovations, Inc.

In addition, the FAA has previously approved thirteen petitions whose petitioners use of the Aibotix 

X6 for their sUAS operations including: exemption no. 11216, Solusia Air; exemption no. 11545, 

Clean Energy Renewables, 11726, Soutex Surveying and Engineering, and exemption no. 11356, 

Boyd Instrument and Supply Company. Finally the FAA has also approved the distributor of the 

Aibotix X6 aircraft, Leica Geosystems Inc. under exemption no. 14694 for comparable uses.

In accordance with these previously granted exemptions, Tri-Point respectfully submits its petition 

to the FAA for the use of its Aibotix X6 UAS for commercial operations in the NAS. In its submissions, Tri-Point will document an equivalent or greater level of safety than possible for similar missions using manned aircraft; the safety systems and procedures it will adhere to; the characteristics 

of the Aibotix X6 aircraft (in particular its failsafe, lost-link and emergency recovery capability); and 

the public interest served by this proposed exemption to certain sections of the Code of Federal Regulations.

DESCRIPTION OF PETITIONER 

Tri-Point Construction Layout, located in Wynantskill NY and is a registered business with the 

state of New York.

NAME OF PETITIONER 

Chris Constantine

Vice President

P.O. Box 116

Wynantskill, NY 12198

(518) 378-5132 (Cell)

(518) 424-3533(Office)

chris@tripointny.com

AGENT OF PETITIONER

Bryan Baker

Leica Geosystems Inc.

970-227-3417

Bryan.Baker@Leicaus.com
 

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DESCRIPTION OF UNMANNED AIRCRAFT SYSTEM 

Tri-Point wishes to fly the Aibotix X6, an electric multirotor, as its survey aircraft. Aibotix 

Gmbh in Germany has delivered more than 400 aircraft since 2011. The flight control system 

used with the aircraft is proprietary, non-open source and designed and manufactured by the 

company in Germany. System development is subject to Aibotix and Leica's rigorous design 

and quality control standards, and has undergone continuous improvement since market launch 

three years ago.

If the radio control link is lost, emergency failsafe will prevent flyaway and perform a controlled 

descent or, if GPS signal is sufficient, return to the takeoff point. The flight control system can 

fly pre-programmed waypoints yet respond immediately to pilot stick overrides in case of route 

adjustment or emergency. Its radio control system incorporates telemetry, which is displayed on 

the pilot’s handheld controller and may be announced by voice. The X6 aircraft is optimized for 

aerial survey. Its software includes dynamic points of interest (POI) which enables automatic 

visual alignment towards the POI and geo-fencing for protection, which reduces pilot workload. 

The aircraft is less than four feet in diameter, made of carbon-fiber reinforced polymer in a highvisibility color, with protective blade guards surrounding its six rotors. Maximum takeoff weight 

is approximately 15 pounds, and flight time is about thirty minutes with its redundant multicell 

battery system. The aircraft carries no flammable liquid fuel. 

RF SPECTRUM 

Radio control and video transmission systems meet FCC requirements for operation in the unlicensed spectrum of the 2.4 and 5.8 GHz ranges. Manufacturer warnings about interference from 

devices operating at or near these frequencies or their harmonics are documented in the Leica

Flight Operations Manual (LFOM), along with procedures to ensure radio safety with the SUAS. 

EXTENT OF RELIEF SOUGHT AND WHY 

Petitioner asks for relief from regulations tabled below, which the authority of the FAA has previously granted in exemption certificates number 11062 along with six others described as “in 

commonality”, and in number 11109, which are for use of electric rotorcraft. The Leica Geosystems Flight Operation Manual (LFOM) incorporates the conditions and limitations of these 

grants of exemption, and in some cases imposes stricter limits on its own operations. Tri-Point

will operate the craft pursuant to these conditions and limitations, specifically with respect to 

safe and short-duration missions.

CFR CODE CITATIONS 
 

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14 CFR 

PART 

SUMMARY OF 

REGULATION 

REASON FOR 

EXEMPTION REQUEST 

EQUIVALENT LEVEL OF 

SAFETY 

61.113 (a) Private pilot privileges 

and limitations: Pilot in 

command. 

Holder of private pilot certificate may not act as pilot in 

command for compensation or 

hire. Flying for compensation 

on engineering survey missions 

is central to purpose of exemption request. 

Characteristics of aircraft, 

VLOS, class G airspace, under 

400 ft. AGL, trained visual 

observer in radio communication with pilot; remote site, 

industry safety protocols enhanced by Leica's flight safety 

plan; PIC with minimum of 

sport pilot certificate, glider 

certificate, non-powered and 

powered, currency in the aircraft listed on the certificate, 

3rd class medical or valid U.S. 

driver’s license, pilot training, 

testing, proficiency with similar 

and same model UA; and inspection/maintenance are defined in the Leica Flight Operations Manual (LFOM) and will 

ensure equivalent levels of 

safety if not more. 

61.113 (b) Private pilot privileges 

and limitations: Pilot in 

command. 

Holder of private pilot certificate may act as pilot in command for compensation or hire 

if flight is incidental to business 

or employment and does not 

carry passengers for compensation or hire. Flying for compensation on engineering survey missions is central to purpose of exemption request, not 

incidental to business or employment. 

There is no passenger or pilot 

on board the sUAV, thus safety 

issues are different from a 

manned flight. Aibotix aircraft 

has programmable automated 

safety features and emergency 

responses, has pre-flight checks 

for safety beyond commercial 

manned aircraft, can be geographically restricted by operator with programmable control 

points, and has communications with the PIC regarding 

fuel loss and other flight hazards. PIC will have ground 

school training certificate and 

additional 25 hours logged 

flight time and 25 hours classroom and field instruction as 

stated in LFOM. 
 

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14 CFR 

PART 

SUMMARY OF 

REGULATION 

REASON FOR EXEMPTION 

REQUEST 

EQUIVALENT LEVEL OF 

SAFETY 

91.119 (c) Minimum safe altitudes 

over other than congested area 

Operating closer than 500 feet to a 

person, vehicle, or structure may be 

necessary for survey and equipment 

inspection. 

People will not be allowed 

over, under or within 500 feet 

laterally of the aircraft in flight. 

Some flights may require the 

participation or guidance of 

industry personnel, positioned 

as close as 200 feet. Tri-Point

will brief them on safety and 

obtain necessary consent. Industry specific safety rules and 

regulations are to be followed.. 

91.121 Altimeter settings Procedures to set and confirm altitude do not provide for operation of 

remote telemetry to SUAS pilot. 

An onboard air pressure sensor 

and software resolve height 

differences as small as one 

centimeter. Altitude is controlled by measuring air pressure and the z-­‐axis accelerometer/GPS values. The 

starting point is a relative 

height measurement calculated 

by the flight controller. Altitude above ground is displayed 

on the pilot's handheld controller by telemetry, and alarms 

can signal conditions of interest. 400 feet AGL is the maximum permissible in the 

LFOM, which describes altimeter procedures. 
 

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14 CFR 

PART 

SUMMARY OF 

REGULATION 

REASON FOR EXEMPTION 

REQUEST 

EQUIVALENT LEVEL OF 

SAFETY 

91.151 (b) Fuel requirements for 

flight in VFR conditions. 

Rotorcraft under VFR must carry 

enough fuel to reach first landing 

point and then another 20 minutes. 

The X6 multirotor is designed to fly 

for a maximum of 30 minutes with 

its 2 batteries. 

Battery voltage under load is 

displayed on the pilot's 

handheld controller during 

flight. The X6 uses 2 lithium 

polymer batteries of a multi-­‐

cell design, connected in parallel for redundancy and optimal 

current delivery. Battery chemistry does not support adequate 

current discharge below about 

3 v per cell. Circuitry in the 

onboard flight controller 

measures voltage and will start 

a failsafe procedure to land 

before summed minimums are 

reached. In the event that one 

or more cells fail, these minimums may be reached sooner 

than expected, due to rapid

current drain against a smaller 

number of functioning cells. 

Tri-Point pilots are trained to 

monitor voltage and recognize 

abnormal discharge in flight 

and to land sooner than forced. 

If 20 minutes of flight time or 

25% of reserve voltage under 

load is reached, pilot must 

commence landing. 

91.405 (a) Maintenance required. Required inspections and discrepancies repaired between required inspections pertains to certificated 

manned aircraft and procedures conducted by licensed maintenance personnel. In the absence of certification requirements for SUAS and 

SUAS maintenance personnel, reasonable alternatives must be developed to maintain equivalent levels of 

safety. 

Tri-Point will document 

maintenance, overhaul, replacement and inspection requirements in the absence of 

manufacturer's requirements; 

will document and maintain 

maintenance records and technician qualification criteria in 

the LFOM. 

91.405 (b) Maintenance records. Qualifications for maintenance personnel for SUAS were not contemplated by these regulations, and a 

reasonable alternative must be developed to maintain equivalent levels of 

safety. 

Qualifications, competence and 

testing for maintenance personnel are defined in the 

LFOM. 
 

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14 CFR 

PART 

SUMMARY OF 

REGULATION 

REASON FOR EXEMPTION 

REQUEST 

EQUIVALENT LEVEL OF 

SAFETY 

91.407 (a) 

(1) 

Operation after maintenance, preventive 

maintenance, rebuilding, or alteration. 

There is no authorization procedure 

for a person who can approve a return to service of an SUAS, and a 

reasonable alternative must be developed to maintain equivalent levels of 

safety. 

Procedures for the PIC to test 

then approve a return to service after maintenance are 

defined in the LFOM. 

91.409 (a) 

(1) 

Inspections. Annuals conducted by a qualified 

inspector require authorization criteria for that inspector, not yet defined 

for SUAS. A reasonable alternative 

must be developed to maintain 

equivalent levels of safety. 

Schedules for inspection and 

responsibilities of the PIC and 

qualified technician are described in the LFOM. 

91.409 (a) 

(2) 

Inspections. Issuance of airworthiness certificates 

for SUAS under 55 pounds operated 

VLOS is not contemplated by these 

regulations 

Airworthiness is the responsibility of the PIC and the technician as defined in the LFOM. 

91.417 (a) Maintenance records. Regulations do not contemplate 

requirements or approval processes 

for maintenance and inspection of 

uncertificated SUAS, however a reasonable alternative must be developed to maintain equivalent levels of 

safety. 

The operator will maintain 

records according to the procedures specified in the 

LFOM. 

91.417 (b) Maintenance records. Retaining and transferring records of 

maintenance and defects according 

to standards prescribed for authorized maintenance and inspection is 

not contemplated in the regulations 

for SUAS. A reasonable alternative is

necessary to maintain equivalent 

levels of safety. 

Records and documentation 

will be kept for all maintenance 

performed, defects, and for all 

components specified in the 

LFOM. 
 

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PILOT IN COMMAND AND CREW 

The Pilot In Command (PIC) must hold a transport, commercial, private, recreational, 

sport pilot, glider (powered or non-powered) airman's certificate, and be in compliance with the training and testing specified in the LFOM. The PIC must also hold a 

current FAA airman medical certificate or if qualified as a sport pilot, a valid U.S. 

driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a 

possession, or the Federal government. The PIC must be in compliance with the 

training and testing specified in the operator’s manual. He must remain in radio 

communication with a visual observer who is in compliance with the training and testing specified in the operator’s manual. The pilot must be able to acquire the aircraft 

with his own vision, unaided except by prescription refraction lenses. He must at minimum meet the eye-testing standards for a third-class airman medical certificate, or if 

qualified by a sport pilot certificate, then by the terms of its vision standards. He must 

operate within visual line of sight only, and be able to see the attitude and orientation 

of the aircraft himself. If GPS, magnetometer, or other assisted flight modes are 

compromised, certain safety features may not operate, and the pilot must understand 

by his training and experience how to recover control. 

OPERATION OF THE UNMANNED AIRCRAFT 

The aircraft will be under the operational control of the petitioner. 

1. The aircraft used for research & development operations by Tri-Point

will be only the Aibotix X6 as described in the Leica Flight Operations 

Manual (LFOM), unless the FAA approves an amendment to this petition for use of a different aircraft. This craft will be purchased or borrowed from Leica Geosystems by Tri-Point.

2. The aircraft operated in accordance with this exemption will be identified by 

serial number, registered with identification (N−Number) markings. Markings 

will be as large as practicable.

3. The PIC will hold a transport, commercial, private, recreational, sport pilot or glider (powered or non-powered) airman certificate, and must meet 

the medical and vision standards, and the flight review requirements, appropriate to that certificate, according to 14 CFR § 61.56. 
 

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4. Unless permission is obtained from the FAA, the FSDO or ATC, TriPoint pilots will operate at least three (3) nautical miles outside populated 

areas, at less than 400 feet AGL, in class G airspace, in daylight hours only and within visual line of sight of the PIC, five (5) nautical miles or 

more away from airports as denoted on current FAA-published charts, 

and use a LFOM-qualified visual observer in radio communication with 

the PIC.

5. Manufacturer’s limitations of the aircraft will not be exceeded, and TriPoint’s operations will adhere to power reserves and the lower operational limits described in the LFOM. 

6. Preflight inspection by the PIC, and inspection and maintenance procedures will be followed according to the LFOM, and will be properly documented and signed for by an authorized technician who has completed 

training specified in the LFOM. 

7. Test flights by the PIC in connection with maintenance requirements will 

be documented. 

8. Manufacturer systems and safety bulletins will be followed, and flight critical components will be monitored and replaced when specified in the 

LFOM. 

9. Discrepancies discovered between inspections will be documented by 

Tri-Point and Aibotix maintenance personnel. 

10. If visibility is less than three (3) statute miles from the PIC, the aircraft 

will not be operated less than 400 feet below a cloud, or less than 2000 

feet horizontally from a cloud.

11. The PIC must follow emergency procedures as described in the LFOM in 

event of lost link, degraded navigation signals, or appearance of unauthorized persons within the secure flight perimeter.

12. A commercial Certificate of Authorization will be obtained by FAA’s designated procedure before any operations that require it are conducted. 

Notices to Airmen will be filed in accordance with FAA requirements, 

and permissions from ATC or local FSDO's will be sought as the FAA 

shall specify. 

13. An N-Number will be obtained for the aircraft operated.

14. RF spectrum will be used in compliance with FCC requirements.

15. Documents required by 14 CFR 91.9 and 91.203 will be available to the 

PIC at the point of flight and control, and will be produced upon request 

by any authority.

16. The aircraft will remain clear of and yield right of way to all manned aviation operations and activities at all times. 
 

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17. The PIC will operate the aircraft from a stationary ground position and 

not from any moving device or vehicle.

18. Planned operations will ONLY be above vegetative and/or wooded areas 

and NOT near structures and inhabitants. The petitioner seeks to do 

R&D work above these land types exclusively.

19. The safety of people and property is paramount, and no operations may 

be conducted within 500 feet of unprotected non-participants or their 

property unless conducted according to safety procedures in the LFOM

that are approved by the FAA. 

20. All operations will be conducted over controlled-access property, for 

which permission has been obtained prior to flight, and for which safety 

briefings have been completed according to the LFOM. 

21. All incidents, accidents, and transgressions of allowed flight boundaries 

will be reported as required by FAA and NTSB.

22. All operations shall be conducted over private or controlled access property 

with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

BENEFIT TO THE PUBLIC 

Approval of exemptions allowing commercial operations of SUASs throughout the 

industries Tri-Point serves will enhance safety by reducing risk. The objective of these 

aerial missions is to enhance safe and reliable operation of the craft while integrated 

with its sensor payload, and assuring this mitigated risk comes only by operation and 

test. By replacing conventional jet-fueled aircraft with lightweight, battery operated 

sUAVs in restricted areas for aerial inspection, photogrammetry and image and film 

capture, the applications themselves become more environmentally sound and safe. 

These include precision agriculture, environmental monitoring, asset and infrastructure inspection (rail lines, pipe lines), geology, and others. The use of the Aibotix X6,

is an established UAS platform which is powered by batteries, provides a smaller environmental footprint, increases safety by decreasing manpower and separates the aircraft operators from the craft. It further protects the public by being used in restricted 

environments and reducing impact hazards.
 

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REASONS WHY THE EXEMPTION WOULD NOT ADVERSELY AFFECT 

SAFETY 

The survey aircraft will be operated in accordance with safety protocols defined in the 

LFOM, for which we request approval by the FAA according to its authority granted 

by Congress in Section 333 of the FAA Modernization and Reform Act of 2012. 

The survey aircraft carries no person, cargo, or flammable liquid fuel. Its size and 

weight are a small fraction of any manned aircraft, and its safety systems reflect best 

design practices in the SUAS industry. Further, the sensor payload has been deemed 

by both Leica Geosystems and Tri-Point to be well within the safety envelope for the 

craft.

In addition, Tri-Point will keep the approved LFOM at its ground control station where 

the PIC will have immediate access to it. Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not adversely affected when the approved 

Aircraft Flight Manual is kept at the ground control station of a UAS, where the PIC can 

immediately access it.

When properly operated by a trained pilot, a well-designed sUAS can stay clear of 

people and property on the ground and in the air. Procedures, airmanship skills, training and testing requirements for SUAS personnel in the LFOM will let the operator 

achieve safety levels in the NAS and on the ground, which are equivalent to or greater 

than in manned aviation. 

SUMMARY FOR PUBLICATION 

The following summary may be published in the Federal Register: 

Petitioner requests an exemption from: 

14 CFR Parts 61.113 (a) and (b) 

14 CFR Parts 91.119 (c), 91.121, 91.151 (b), 91.405 (a) and (b), 91.407 (a) (1), 91.409 

(a) (1), 91.409 (a) (2), 91.417 (a) 

in order to operate a small unmanned aircraft system (SUAS) for purposes of aerial 

inspections and monitoring, aerial geo-mapping, and aerial imaging and filming and 
 

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aerial data collection. The pilot in command will be appropriately qualified with a current private pilot certificate and specialized training..

Aerial survey and inspection, geospatial mapping, and film and image capture are conventionally done by manned aircraft operations that use liquid fuel and weigh upwards 

of 5,000 lbs. These operations involve flying the aircraft to and from the operation’s

location. An Aibotix X6 weighs less than 15 pounds, is less than four feet in diameter, 

is equipped with flight control and safety features that prevent flyaway and minimize 

risk, compared to that of a manned aircraft, to people and property allowed within the 

zone of operations and outside it. 

No flight operations outside the secured areas are allowed, and no impacts to privacy 

are foreseen.