December 9, 2015

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 

The name and address of the applicant is:

Hoyle, Tanner & Associates, Inc.

150 Dow Street 

Manchester, NH 03101

PH: 603 669 5555, ext 158

Email rfurey@hoyletanner.com

www.hoyletanner.com

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, Hoyle, Tanner & Associates, Inc., a planning and engineering company, 

hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs'') to allow 

commercial operation of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging for 

safety, inspection, and monitoring of commercial and residential structures, utility and 

transportation infrastructure, including highways, bridges, airports and construction sites, so long 

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

established by the FAA as required by Section 333.

As detailed in this document and the X8+ Flight Manual, the requested exemption would permit 

the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 

3) controlled as to access and 4) would provide enhancements to best practice safety protocols 

followed by Hoyle, Tanner & Associates, Inc at each one of its consultation sites. 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. 

The sUAS platform to be used is the 3D Robotics – X8+ and X8-M Quadcopter. The X8+ 

Quadcopter is geared towards aerial photo, aerial mapping, filming, and inspections. The system 

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has an average flight time of 15 minutes, can fly at very low altitudes and at slow speeds. The 

X8+ Quadcopter weighs 5.6 lbs., the frame is made of strong aluminum which keeps the sUAS 

light enough to maximize aerial mobility. If the X8+ loses link with the ground control station or 

detects a low battery state at any time it will initiate a return-to-launch site landing sequence. 

For additional information on the X8+, reference the X8+ Operation Manual.

I. DESCRIPTION OF PROPOSED OPERATIONS 

The requested exemption would permit commercial operations by Hoyle, Tanner & Associates, 

Inc, specifically to get compensated for providing precision aerial inspections or surveys that 

consist of still photographs or video taken by an onboard camera. Operations and applications 

we seek for this sUAS and associated data processing functions include aerial photography, 

mapping, structural inspections, real estate marketing, vegetation and airport aerial approach 

obstruction surveys and other flight operations that could be performed safely and more cost 

effectively with the use of sUAS at low altitude within the U.S. national airspace system as 

compared to a manned aircraft. Use of sUAS for these operations reduces the need to operate 

conventional aircraft or other equipment for the same purpose and provides very high quality 

imagery at a fraction of the cost of the same operations using conventional means. Likewise, 

inspections of structures can be safely performed without endangering the inspector or inhibiting 

local industrial or public operations with ladders, lifts or other equipment. These savings result 

in enhanced efficiency and productivity for the affected activities, as well as environmental 

benefits and potential savings in both cost and hazards to the public. 

The use of sUAS during a transportation or utility infrastructure inspection can significantly reduce 

the risk to workers of falls while inspecting, surveying or monitoring site progress. Aeronautical 

surveys of airport imaginary surfaces can quickly assist the owner in determining obstruction 

impacts and the need to mitigate or confirm that mitigation of those obstructions (lowering or 

lighting) is effective. sUAS can inspect, photograph, and collect data on hard to get to areas that 

otherwise would require worker inspection . 

The proposed sUAS operations will be limited to daytime Visual Flight Rule (“VFR”) conditions, 

within visual line-of-sight ("VLOS") of the operator, and will occur at least 5 miles away from an 

airport, except and unless NOTAMS have been filed and approvals received from the Airport 

Manager, and/or local Flight Standards District Office, (FSDO) and applicable Air Traffic Control 

Facilities. Additional certificates of authorization will be applied for, when applicable, to facilitate 

airport obstruction identification.

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

aerial imaging and data collection over a structure, airport or construction site. Our sUAS use 

rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft 

that are many hundreds of times heavier. Therefore noise and emissions are greatly reduced.

Specific Regulations from which the exemption is requested:

14 C.F.R. Part 21 Subpart H - Airworthiness Certificates

14 C.F.R. 45.23 - Display of marks; general

14 C.F.R. 61.113 (a) & (b) - Private pilot privileges and limitations: Pilot in command

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

14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

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14 C.F.R. 91.9 (c) – Marking of Aircraft

14 C.F.R. 91.103 – Preflight Actions

14 C.F.R. 91.109 – Flight instruction

14 C.F.R. 91.119 – Minimum safe altitudes: General

14 C.F.R. 91.121 – Altimeter settings

14 C.F.R. 91.151 – Fuel requirements for flights in Visual Flight Rules (VFR) conditions

14 C.F.R. 91.203 (a)(1) – Civil aircraft: certification required

14 C.F.R. 91.405 – Maintenance required

14 C.F.R. 91.407 – Operation after maintenance, preventative maintenance, 

rebuilding, and alteration

14 C.F.R. 91.409 – Inspections

14 C.F.R. 91.417 – Maintenance records

1. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 

CFR Part 21, Subpart H: Airworthiness Certificates and 14 CFR § 91.203(a) (1) 

Section 91.203(a) (1) requires all civil aircraft to have a certificate of airworthiness. Part 

21, 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 of the aircraft (typically less than 10 lbs., and always less than 55 lbs.) and the limited 

operating area associated with its utilization, it is unnecessary to go through the certificate 

of airworthiness process under Part 21 Subpart H to achieve or exceed current safety 

levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved. 

In this case, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness 

certificate. The sUAS weighs less than 10 lbs. fully loaded. It will not carry a pilot or 

passenger, will not carry flammable fuel, and will operate exclusively within an area predisclosed and in compliance with conditions set forth herein. Operations under this 

exemption will be tightly controlled and monitored by both the operator, and by local 

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

the filing of NOTAMs. Receipt of the prior permission of the land owner, the size of the 

aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to the location 

and not flown there all establish the equivalent level of safety. The sUAS provides at least 

an equivalent, and most likely exceeds, level of safety to that of such operations being 

conducted with conventional aircraft that would be substantially larger and would be 

carrying passengers, cargo, and flammable fuel. 

2. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 

CFR § 45.23 & 91.9(c): Marking of the Aircraft 

Regulation 45.23 provides: (a) Each operator of an aircraft must display on that aircraft, 

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marks consisting of the Roman capital letter “N” (denoting United States registration) 

followed by the registration number of the aircraft. Each suffix letter used in the marks 

displayed must also be a Roman capital letter. (b) When marks include only the Roman 

capital letter “N” and the registration number is displayed on limited, restricted or lightsport category aircraft or experimental or provisionally certificated aircraft, the operator 

must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, 

in letters not less than 2 inches nor more than 6 inches high, the words “limited,” 

“restricted,” “light- sport,” “experimental,” or “provisional,” as applicable. 

Regulation 91.9(c) provides: No person may operate a U.S.-registered civil aircraft unless 

that aircraft is identified in accordance with part 45 of this chapter. 

The sUAS has no entrance to the cabin, cockpit, or pilot station on which the markings 

can be placed. Given the size of the sUAS, two-inch lettering will be impossible. Official 

marking systems for sUAS have not yet been established for operations inside the NAS. 

Hoyle, Tanner & Associates, Inc. is prepared to mark the sUAS with the name of the 

organization and location or origin and fulfill any other request by the FAA to this topic in 

accordance to § 45.29(f) where the pilot, observer, and others working with the sUAS will 

see the identification of the sUAS. The FAA has issued the following exemptions to this 

regulation; see Exemption Nos. 8738, 10167, 10167A and 10700. 

3. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 

CFR § 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 sUAS 

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

Given the size of the sUAS and the previous COAs issued for similar sUAS, an equivalent 

level of safety will be achieved by ensuring compliance with the given sUAS manuals and 

use of safety checklists prior to each flight. 

4. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 

CFR § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. 

The regulation provides: No person may operate a U.S.-registered civil aircraft .(2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight 

Manual, approved manual material, markings, and placards, or any combination thereof. 

Given the size of sUAS, they have no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft. The equivalent level of safety will be 

achieved by keeping the flight manual at the ground control point where the PIC flying 

the sUAS will have immediate access to it. The FAA has issued to others the following 

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, 10167A, 10602, 32827, and 10700. 

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5. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 

CFR § 91.103: Preflight action 

This regulation requires each PIC to take certain actions before flight to insure the safety 

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft 

an exemption will be needed. An equivalent level of safety will be provided by following 

a comprehensive preflight checklist. The PIC will take all actions including reviewing 

weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. 

6. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 

CFR § 91.109: Flight Instruction 

Section 91.109(a), which provides in pertinent part that "[n]o person may operate a civil 

aircraft (except a manned free balloon) that is being used for flight instruction unless that 

aircraft has fully functioning dual controls." sUAS and remotely piloted aircraft, by their 

design, do not have functional dual controls. Instead, flight control is accomplished 

through the use of a device that communicates with the aircraft via radio communications. 

Accordingly, an exemption will be required for the flight instruction requirements of 14 

C.F.R. § 91.109(a). 

Given the size and speed of the sUAS that Hoyle, Tanner & Associates, Inc. intends to 

use, an equivalent level of safe training can still be performed without dual controls 

because no pilot or passengers are aboard the sUAS, and all persons will be a safe distance 

away in the event that the UAS experiences any difficulties during flight instruction. The 

FAA has approved exemptions for flight training without fully functional dual controls for 

a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 

5778K & 9862A. 

7. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 

CFR § 91.119: Minimum Safe Altitudes 

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

91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 

feet above the surface, except over open water or sparsely populated areas. In those 

cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, 

or structure. 

Because aerial survey, mapping and inspection work must be accomplished at relatively 

low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) 

is needed. 

The equivalent level of safety will be achieved given the size, weight, speed, and material 

with which sUAS are built. Also, no flight will be taken without the permission of the land 

owner or those who control the land. Because of the advance notice to the landowner, 

all affected individuals will be aware of the flights. Compared to aerial survey operations 

conducted with aircraft or rotorcraft weighing far more than 55 lbs. and carrying 

flammable fuel, any risk associated with these operations will be far less than those 

currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, 

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the low-altitude operations of the sUAS will maintain separation between these sUAS 

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

91.119. 

8. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 

CFR § 91.121: Altimeter Settings 

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or 

flight level by reference to an altimeter that is set to the elevation of the departure airport 

or barometric pressure. Some sUAS have a barometric pressure sensor, while others only 

use GPS for elevation or altitude. When a barometric pressure sensor is on the sUAS, it is 

typically “zeroed” at the point of take-off; this is right next to the PIC and not at a 

departure airport. The altitude reading will be relative to that point (on the ground) and 

not a known elevation. 

The equivalent level of safety will be achieved by the PIC confirming the elevation or 

altitude of the launch site. The altitude of the sUAS will also be displayed via telemetry on 

the Ground Station and will be constantly monitored by the PIC during the entire flight 

operation. 

9. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 

CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation 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 different sUAS batteries provide a variety of powered flight times. An exemption from 

§14 CFR 91.151 is therefore required. 

The applicant believes that an exemption from 14 CFR § 91.151(a) is safe and within the 

scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation 

to operate without compliance with 91.151(a)). Operating the sUAS, without 30 minutes 

of reserve fuel does not prompt the type of risks that Section 91.151(a) was meant to 

prevent given the size and speed at which the sUAS operates. The fact that it carries no 

pilot, passenger, or cargo also enhances its safety. In the unlikely event that the battery 

on the sUAS should run out, it would simply land. Given its weight and construction 

material, the risks are less than contemplated by the current regulation. 

The applicant believes that an equivalent level of safety can be achieved by maintaining 

20% of reserve battery, which would be more than adequate to return the sUAS to its 

planned landing zone from anywhere in its operating area. 

The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 

10673 and 10808. 

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10. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 

CFR § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: (a) ... no person may operate a civil aircraft unless it 

has ... an appropriate and current airworthiness certificate. (b) No person may operate a 

civil aircraft unless the airworthiness certificate required by paragraph (a) of this section 

or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. 

The sUAS fully loaded typically weighs less than 10 lbs., and always less than 55 lbs. As 

such, there is no ability or place to carry certification and registration documents or to 

display them on the sUAS. In addition, there is no pilot on board the aircraft. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the PIC flying the sUAS will have immediate access to them. The FAA 

has issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 

10700. 

11. Hoyle, Tanner & Associates, Inc. seeks exemption from the requirements of 14 

CFR § 91.405(a); 407(a)(1); 409(a)(1) and (2); 417(a) and (b): Maintenance 

Inspections 

Section 91.405(a) requires 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 ...” Section 91.407 similarly makes reference to 

requirements in Part 43; Section 91.409(a) (2) requires an annual inspection for the 

issuance of an air worthiness certificate. Section 91.417(a) requires the owner or operator 

to keep records showing certain maintenance work that has been accomplished by 

certificated mechanics, under Part 43, or licensed pilots and records of approval of the 

aircraft for return to service. 

The sUAS are nearly maintenance free, they perform automatic pre-flight checks and the 

failure of any check will prevent takeoff. Checks that cannot be done by the system will 

be performed by a qualified person prior to each flight and at predefined intervals as part 

of a maintenance schedule. 

Pre-flight checklist includes: 1. Visual inspection of the airframe 2. Visual inspections of 

rotor integrity 3. Check charge of all batteries (aerial vehicle, command station, radio 

repeater station)

II. PUBLIC INTEREST 

This exemption application is expressly submitted to fulfill Congress ' goal in passing Section 

333(a) through (c) of the Reform Act. 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 

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will fulfill Congress's intent of allowing UAS to operate with significant safety precautions in low 

risk environments.

The use of sUAS during a transportation or utility infrastructure or construction inspection can 

significantly reduce the risk to workers while inspecting, surveying or monitoring site progress. 

Aeronautical surveys of airport imaginary surfaces can quickly assist the owner in determining 

obstruction impacts and the need to mitigate or confirm that mitigation of those obstructions is 

effective. sUAS can inspect, photograph, and collect data in hard to get to areas that otherwise 

would require worker inspection.

sUAS can replace the use of helicopters and small aircraft to complete aeronautical surveys. The 

sUAS we propose to fly in this application are under 10 pounds, and carry no combustible material 

on board, as opposed to the much larger conventionally powered small aircraft. Shifting to sUAS 

from manned fixed wing or helicopters depending on the mission profile presents a marked safety 

increase for our workers and the public.

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

aerial imaging and data collection over a structure, airport or construction site. Our sUAS use 

rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft 

that are many hundreds of times heavier. The noise and emissions associated with manned 

aircraft will not occur.

III. EQUIVALENT LEVEL OF SAFETY 

Hoyle, Tanner & Associates, Inc. proposes that the exemption requested apply to sUAS 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 

already safe protocols followed during structure and construction inspections and imaging and 

surveying operations conducted with helicopters and other conventional aircraft.

Hoyle, Tanner & Associates, Inc. will be bound by the following limitations when conducting 

its sUAS operations under an FAA issued exemption:

1. The sUAS will be less than 10 pounds maximum gross takeoff weight.

2. Flights will be operated within visual line of sight of an FAA certificated pilot.

3. Maximum total flight time for each operational flight will be 15 minutes. The UAS 

calculates battery reserve in real time, and will return to its ground station with at least 

20% battery power reserve should that occur prior to the 15 minute limit.

4. Flights will normally be operated at an altitude of 200-300 feet AGL, never exceeding 400 

feet AGL.

5. Any site within 5 miles of an airport will not be flown without notification and written 

approval of the local Airport Manager. Air Traffic Control will be notified when appropriate.

6. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his 

visual line of sight at all times and a trained observer.

7. The sUAS Pilot will hold a current FAA pilot certificate. The pilot as well as the observer 

will be trained in flight, operations, and safety procedures.

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8. The sUAS will only operate within a designated operations safety perimeter (OSP) as

depicted on the mission profile map.

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day's 

production activities. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the OSP be present for this briefing.

10. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator 

will obtain additional verbal or written consent of all persons who will be allowed within 

100 feet of the OSP.

11. The Pilot will have been trained in operation of UASs generally and received up-to-date 

information on the particular sUAS to be operated.

12. Written and/or oral permission from the relevant property holders will be obtained.

13. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies.

14. If the sUAS loses communications or loses its navigation signal, it will have capability to 

reestablish radio connection, and return to a predetermined landing location within the 

OSP.

IV. PRIVACY 

All flights will occur over private or controlled access property with the property owner's consent 

and knowledge. Images will only be taken will be of individuals who have also consented to being 

photographed or otherwise have agreed to be in the area where aerial photography will take 

place.

Conclusion 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, 

operating capabilities, controlled operating environment 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 applicant's sUAS in the planning and engineering 

industry. 

Hoyle, Tanner & Associates, Inc. respectfully requests that the FAA grant the requested 

exemption and are prepared to modify or amend any part of this request to satisfy the need for 

an equivalent level of safety. We look forward to working with your office. If additional 

information or clarification is needed, please feel free to contact us. 

Respectfully Submitted, 

HOYLE, TANNER & ASSOCIATES, INC. 

Robert M. Furey, PE

Senior Vice President

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