1135 Rumble Road

Forsyth, GA 31029

Tel: 478.315.0850

Rusty.Ortkiese@Gresco.com

February 25, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, S.E.

Washington, D.C. 20590

RE: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FMRA"), 49 U.S.C. § 44701, 

and 14 C.F.R. Part 11, Gresco Utility Supply ("Gresco") hereby petitions for exemption to operate small 

Unmanned Aircraft Systems ("sUAS") in order to conduct aerial data collection as described in this 

petition. Gresco desires to operate sUAS in connection with the construction, operation, repair and 

maintenance of utility infrastructure and assets. Gresco specifically seeks an exemption from the Federal 

Aviation Regulations ("FARs") listed in this petition. This request is substantially similar to other data 

collection petitions previously approved, and should be considered under the expedited summary grant 

procedure.

I. Petitioner

Gresco was founded in 1960 and is headquartered in Forsyth, GA. Gresco currently provides goods and 

services to commercial and utility customers, and intends to provide goods and services related to 

unmanned aerial systems. 

All communications regarding Gresco's petition should be directed to:

Rusty Ortkiese with CC to: Chad Capps

Gresco Utility Supply Gresco Utility Supply

1135 Rumble Road 1135 Rumble Road

Forsyth, GA 31029 Forsyth, GA 31029

Rusty.Ortkiese@Gresco.com CCapps@Gresco.com
1135 Rumble Road

Forsyth, GA 31029

Tel: 478.315.0850

Rusty.Ortkiese@Gresco.com

II. Regulations From Which an Exemption is Sought

• 14 CFR Part 21, Subpart H

• 14 CFR 61.23(a) and (c)

• 14 CFR 61.101(e)(4) and (5)

• 14 CFR 61.113(a)

• 14 CFR 61.315(a)

• 14 CFR 91.7(a)

• 14 CFR 91.119(c)

• 14 CFR 91.121

• 14 CFR 91.151(a)(1)

• 14 CFR 91.405(a)

• 14 CFR 91.407(a)(1)

• 14 CFR 91.409(a)(1) and (2)

• 14 CFR 91.417(a) and (b)

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled 

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with 

the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 

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

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

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

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

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. (3 lbs.) fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a 

secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by both the operator and under the requirements and in compliance with 

local public safety requirements. The FAA will have advance notice of all operations. These safety 

enhancements provide a greater degree of safety to the public and property owners than conventional 

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

application of these same criteria demonstrates that there is no credible threat to national security 

posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials 

or flammable liquid fuels, and inability to carry a substantial external load.
1135 Rumble Road

Forsyth, GA 31029

Tel: 478.315.0850

Rusty.Ortkiese@Gresco.com

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

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. An equivalent 

level of safety can be achieved by current Regulations because the applicant’s UAS do not carry any 

pilots or passengers nor property. The risks attendant to the operation of UAS is far less than the risk 

levels inherent in the commercial activities outlined in 14 CFR 61. The operation and limitations set forth 

in the FOM will equate to the safe operation of the UAS.

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an 

equivalent level of safety will be provided.

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 UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption 

may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 

400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a 

structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above 

the highest point on the structure. It will however be operated in a restricted area with security 

perimeter, where buildings and people will not be exposed to operations without their pre-obtained 

consent.

The equivalent level of safety will be achieved given the size, weight, 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 or

local officials. Because of the advance notice to the property owner and participants in the filming 

activity, all affected individuals will be aware of the planned flight operations. Compared to flight 

operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and 

the lack of flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude 

operations of the UAS will ensure separation between these UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119.
1135 Rumble Road

Forsyth, GA 31029

Tel: 478.315.0850

Rusty.Ortkiese@Gresco.com

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 UAS may not have a barometric altimeter, but instead a GPS altitude 

read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch 

site shown on the GPS altitude indicator before flight.

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.”

The battery powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 

minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight 

VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 

Operating the 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. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for 

which the exemption will be granted. Applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 20 minutes or 25% of battery power— whichever happens first. This 

restriction would be more than adequate to return the UAS to its planned landing zone from anywhere 

in its limited operating area.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in sub-part 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 section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to 

the flight manual and operating handbook. An equivalent level of safety will be achieved because the 
1135 Rumble Road

Forsyth, GA 31029

Tel: 478.315.0850

Rusty.Ortkiese@Gresco.com

UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited 

period of time. If mechanical issues arise the UAS can land immediately and will be operating from no 

higher than 400 feet AGL. 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.

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

accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure 

that the UAS is in working order prior to initiating flight and perform required maintenance needed.

III. Equivalent Level of Safety

Gresco sUAS operations will provide a level of safety that exceeds the level of safety required by the FAA 

for hobbyists and manufacturers of model aircraft. The following operating procedures will apply during 

the sUAS operations under this exemption request.

1. Gresco operations will be conducted:

a. Within the visual line of sight of the Pilot in Command (PIC) and one or more Visual 

Observers (VO).

b. At less than 400 feet AGL.

c. Within class G airspace.

2. Gresco operations will be conducted in a confined area over isolated private property located at 

least 5 miles away from any airport, heliport, seaplane base, spaceport or other location with 

aviation activities, and any military or U.S. government installations or airfields. If we are within 

the 5 mile radius of any of the above installations Gresco will seek written approval from that 

installation's owner before sUAS operations take place. If said installation owner requires 

stricter guidelines for operation then Gresco will comply.

3. All sUAS operations will remain within the lateral and vertical boundaries of the operating area, 

taking into account all factors, including wind, gross weight and glide distances, that may affect 

the capability of the sUAS to remain within the airspace boundary; moreover, the ceiling height 

will be no more than 400 feet AGL.

4. Gresco sUAS operations under this exemption will be conducted under the supervision of the 

designated PIC who ultimately has final responsibility for the operation.

5. PIC will maintain the sUAS system in a condition for safe operation, and conduct a pre-flight 

inspection prior to each flight so as to ensure that the sUAS, control station, data link 

equipment, camera, and support equipment are in a condition for safe operation and in a 

configuration appropriate for the purpose of the intended flight.

6. The PIC and VO will maintain two-way communications with each other during all operations ; if 

unable to maintain two-way communications, or if any condition occurs that may otherwise 

cause the operation to be unsafe, the operator will immediately conclude the operation.

7. Each sUAS that Gresco will employ under this exemption will safely return automatically to a 

home location designated by the PIC if the communications link is lost.
1135 Rumble Road

Forsyth, GA 31029

Tel: 478.315.0850

Rusty.Ortkiese@Gresco.com

8. The aircraft documentation required by 14 C.F.R. §§ 91.9 and 91.203(b), as applicable, will be 

available to the PIC referred to above at any time Gresco sUAS are operating.

Gresco will effectively operate under our own standard operating procedures that will provide 

additional safeguards that go beyond the level of safety for public model airplane fields.

IV. Public Interest

This exemption application is expressly submitted to fulfill Congress' goal in passing section 333(a) 

through (c) of the FMRA. This law directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required 

under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress's intent of 

allowing UAS to operate with significant safety precautions in low risk environments.

The use of sUAS on various site conditions can significantly reduce the risk to workers of falls while 

inspecting, surveying, or monitoring a site. sUAS can inspect, photograph, and collect data on hard to 

access areas that otherwise would require worker access. Reducing falls through sUAS use for site 

imaging could save workers lives.

Additionally, sUAS could replace the use of helicopters and small aircraft to perform these intended 

tasks. The sUAS proposed in this petition are under 55 pounds, and carry no combustible material on 

board, as opposed to the much larger conventionally powered small aircraft. A move to sUAS from 

helicopters and airplanes presents a marked safety increase for workers and the public.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial 

imaging and data collection. sUAS use rechargeable lithium ion batteries, as opposed to fossil fuels 

burned in operation of small aircraft that are several hundreds times heavier.

V. Proposed Operations

Commercial operation of sUAS, as described herein, would operate in the following manner:

1. Aerial inspection/photography of utility infrastructure including but not limited to electrical 

power lines, solar generation, wind turbines and communication towers.

2. Aerial photography and/or video including engineering, mapping, land surveying, and other 

related professional activities.

3. Aerial video/photography to assist with storm and disaster assessment and restoration.

4. Training to persons and organizations that have use and application of a sUAS.
1135 Rumble Road

Forsyth, GA 31029

Tel: 478.315.0850

Rusty.Ortkiese@Gresco.com

Appendix A: Make and Model of Aircraft for Proposed Operations

3DRobotics Solo

3DRobotics X8+

3DRobotics Iris

Aeryon Scout

Aeryon SkyRanger

Altura Zenith

Blade 350QX3

Blade Chroma

DJI Inspire

DJI Inspire 1

DJI Inspire 2

DJI Phantom

DJI Phantom 2

DJI Phantom 2 Vision+

DJI Phantom 3

DJI Phantom 4

DJI S800

DJI S900

DJI S1000+

DJI Agras MG-1

DJI Matrice 100

Draganflyer Guardian

Draganflyer X4-P

Draganflyer X4-ES

Draganflyer Commander

Gryphon Dynamics X8

PrecisionHawk Lancaster

Prioria Hex

Prioria Maveric

SenseFly eBee

SenseFly eXom

SkyCatch

Yuneec Tornado

Yuneec Typhoon
1135 Rumble Road

Forsyth, GA 31029

Tel: 478.315.0850

Rusty.Ortkiese@Gresco.com

Appendix B: Summary Statement for Federal Register

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 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 operate 

commercially a small unmanned vehicle (55lbs or less) for the purposes of aerial data collection in 

connection with the construction, operation, repair and maintenance of utility infrastructure and assets.

Approval of exemptions allowing these particular commercial operations of sUASs will enhance safety by 

reducing risk. Conventional aerial data collection require fixed wing aircraft, rotary winged aircraft or 

qualified climbers to work on or around electrical and other hazards. In contrast, a sUAS 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 as well as limiting risk to personnel. The sUAS will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft 

flights. 

The operation of small UASs, weighting less than 55 lbs., conducted in the conditions outlined above, 

will provide an equivalent level of safety supporting the grant of the exemptions requested herein, 

including exempting the applicant from the requirements of Part 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled 

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

aircraft operating in close proximity to the ground and people.