Albany

Atlanta

Brussels

Denver

Los Angeles

Miami

New York 1676 International Drive • Penthouse

Mc Lean, VA 22102
Tel: 703.336.8800 mckennalong.com Northern Virginia

Orange County

Rancho Santa Fe

San Diego

San Francisco

Seoul

Washington, DC

Mark E. McKinnon

703.336.8708
Matthew J. Clark

703.336.8714 Email Address mmckinnon@mckennalong.com
mclark@mcken nalong.com

April 21, 2015

To W hom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, RTI Group, LLC (" RTI ")

, hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below, to o perate small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or "UAS") for aerial data collection . The data will be used in support of

, inter alia, RTI's forensic evaluation and infrastructure inspection work. The FAA has previously issued gra nts of exemption in circumstances similar to those presented in this Petition for Exemption

.

In addition to this Petition for Exemption, RTI will also submit the following supporting documents (hereinafter referred to as "operating documents"):

 RTI UAS Op erations Manual ;

 DJI Phantom 2 Vision User's Manual;

 Smart Flight Battery Safety Guidelines;

 DJI Quick Start Guide;

 DJI Pilot Training Guide;  DJI Inspire 1 User's Manual

 DJI Inspire 1 Safety Guidelines

 DJI Inspire 1 Maintenance Manual

 DJI Intelligent F light Battery Safe ty
Guidelines

RTI submits these operating documents as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and proprietary information that RTI

has not a nd will not share with others. The information contained in these documents is not generally available to the public and is protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq. U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of RTI Group, LLC , for an Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012U.S. Department of Transportation

April 21, 2015 Page 2

For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operation

III. Relevant Statutory Authority

IV

. RTI 's Proposed UAS Operations Meet the Requirements of Section 333 of the Reform

Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Opera tional Capability

B. Approval is Warranted Based on the Operational Restrictions in RTI's Operating

Documents

V. Regulations From Which Exemption is Sought

A

. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

B

. 91.4 05(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

C

. 61.113 , 61.101(e)(4) and (5): Private and Recreational Pilot Privileges and

Limitations

D

. 91.7(a): Civil Aircraft Airworthiness

E

. 91.9(b)(2): Civil Aircra ft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

F

. 91.103: Preflight Action

G

. 91.109(a): Flight Instruction

H

. 91.119 (b) and (c) : Minimum Safe Altitudes

I

. 91.121: Altimeter Settings

J

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

VI

. Drug and Alcohol Program

VII. Public Interest

VII I

. Privacy

IX. National Security

X

. Federal Register Summary

XI

. ConclusionU.S. Department of Transportation

April 21, 2015 Page 3

I. D ESCRIPTION OF P ETITIONER

Headquartered in S tevensville , Maryland, RTI is a pioneering, global accident and failure investigation and safety management consultancy serving the legal and insurance markets. With origins dating back to 1975, RTI provides forensic engineering services to h igh

- risk industries and transportation operations, including aviation, marine, rail, utilities, nuclear, and construction.

The R TI group of companies is a well

- established multidisciplinary technical services consultancy specializing in accident and failure investigation as well as safety

- related applications

and education. RTI professionals are innovative leaders in the technical analysis and reconstruction of transportation and industrial accidents, offering well over thirty years of experience in conducting

forensic inves tigations. Cases have ranged from small to large loss matters, including complex claims and litigation, conducted on behalf of corporations, attorneys, insurance companies, and government agencies. RTI is an established international resource of highly qu alified experts who provide each client with bespoke forensic engineering and scientific investigations, laboratory testing, system safety analysis, computer accident reconstructions, and forensic visual presentations.

Following decades of experience serv ing clients worldwide , RTI has developed a solid reputation for excellence across the forensic engineering field. Consistent with that reputation, RTI continually seeks new and innovative ways to better serve its clients. New UAS technologies have

tremen dous potential in the field of forensic engineering and related infrastructure inspections. UASs provide a versatile platform for capturing high

- resolution imagery of infrastructure, and also provide a means to survey large areas quickly and safely

. For these reasons, RTI seeks an exemption allowing commercial operation of UASs for aerial data collection.

In accordance with 14 C.F.R. § 11.81(a), RTI provides the following information in support of its Petition for Exemption.

The contact information f or Petitioner is as follows:

Jeremy Reynolds

, Chief Operations Officer RTI Group, LLC 401 Log Canoe Circle Stevensville, MD 21666

Phone: 410.571.0712

F ax: . 410.571.0713

Email: jeremy.reynol ds@rtiforensics.com

II. D ESCRIPTION P ROPOSED O PERATION

RTI seeks an exemption pursuant to Section 333 of the Reform Act to use the DJI Phantom 2 Vision and the DJI Inspire 1 UASs for aerial data collection in support of RTI's forensic evaluation

infras tructure inspection work. The proposed operations will occur under tightly controlled conditions on private property where RTI has received permission to fly from the landowner orU.S. Department of Transportation

April 21, 2015 Page 4

his /her authorized representative. The UAS will be operated in accordance with the requirements

contained in the accom panying RTI operating documents, and in accordance with the requirements

of an applicable Certificate of Waiver or Authorization ("COA").

Examples of the type of work the aerial data will support include:

 Assisting Accident First Responders : RTI anticipates using UASs to assist first responders in documenting and surveying accident scenes.

 Aviation and Rail Accident Investigation : RTI intends to use UASs to conduct site and

debris field mapping in t he aftermath of aviation

, railroad and other transportation related

accidents.

 Accident Investigations / Analysis : RTI intends to employ UASs to survey and map broad

views of large areas in support of its accident investigation /analysis activities

. UASs would also be used to survey and map areas affected by catastrophic events such as tornados, hurricanes, earthquakes, flooding, and collapse of large structures. Additionally, UASs may be used to survey and inspect fire and explosion damages.

 Infrastructure Inspections : RTI intends to use UASs to capture high

- resolution imagery of infrastructure to include items such as flare stacks, elevated oil/gas pipelines

, powerlines /power infrastructure

, wells

, tanks, columns , tower structures, antenna systems, tall monuments, water towers, dams, power transmission or communication systems, wind turbines, agricultural silos, signs/billboards, light poles

, bridges, rooftops, building façades,

and other industrial plant/site infrastructure. While some of this infrastructure is accessible

us ing specialized climbing gear, ladders and man lifts, these methods expose inspecting engineers and consultants to significant falling risks and the possibility of causing damage to

the structure being inspected. In ot her instances, structural features are inaccessible using

these conventional inspection methods, and the structure is located in an area where full

scale aircraft cannot fly. UASs will aid in documenting the observable infrastructure

conditions that are si mply not accessible by any other safe or practical means.

The FAA has previously issued grants of exemption in circumstances substantially similar to those presented in this Petition for Exemption, including, but not limited to:

 Exemption No . 11230 to Montico, Inc . (Tower inspections and mapping operations to an existing tower structure) (Docket No. FAA

- 2014

- 0604);

 Exemption No. 11225 to Oceaneering International, Inc. (Safety inspection and aerial surveying);

 Exemption No. 11217 to Notus A ccess Group (Aerial inspections of wind turbine blades and towers) (Docket No. FAA

- 2014

- 0954 );U.S. Department of Transportation

April 21, 2015 Page 5

 Exemption No. 11206 to BNSF Railway Co. (Remote aerial viewing of railroa d infrastructure and operations) (Docket No. FAA

- 2014

- 0704 ) ;

 Exemption No. 11191 to S inger's Creation ( Aerial photography for inspection of home exteriors) (Docket No. FAA

- 2014

- 0915) ;

 Exemption No. 11185 to Commonwealth Edison Company ( Electric transmission and distribution utility system monitoring, powerline inspections, and damage ass essments ) (Docket No. FAA

- 2014

- 0855);

 Exemption No. 11175 to State Farm Automobile Insurance (Roof inspecti ons) (Docket No.

FAA

- 2014

- 0876);

 Exemption No. 11156 to Total Safety U.S., Inc. (Flare stack inspectio ns) (Docket No. FAA

2014

- 0610); and

 Exemp tion No. 11109 to Clayco (Aerial imaging , surveying and monitoring of construction sites) (Docket No. FAA

- 2014

- 0507).

III. R ELEVANT S TATUTORY A UTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA

Moderniza tion and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based on the following considerations:

 The UAS's size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 O peration of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exempti on is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq. ). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).U.S. Department of Transportation

April 21, 2015 Page 6

IV. RTI ' S P ROPOSED UA S O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333 OF THE
R EFORM A CT

RTI 's proposed operations in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors a re satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

The FAA has previously determined that a Grant of Exemption is appropriate for operations conducted using the DJI Inspire 1 and the DJI Phantom 2 (including the Vision and Vision+ models), due to their size, weight, speed, and operational capability

. See e.g.,

 Exemption No. 11224 to NextEra Energy, Inc. (DJI Phantom 2 Vision+ and DJI Inspire 1)

 Exemption No. 11230 to Montico, Inc. (DJI Phantom 2 Vision+)

 Exemption No. 11228 to Steven Zeets (DJI Phantom 2 and DJI Phantom 2 Vision+)

 Exemption No. 11218 to Saratoga Aerial Vehicle (DJI Phantom 2 Vision+)

 Exemption No. 11215 to Mike Johnson (DJI Phantom 2 Vision+)

Specifically, the FAA has found the following characteristics of the DJI Phantom 2 1 and DJI Inspire 1 2 to warrant approval for a Grant of Exemption:

 The DJI Phantom 2 Vision weighs less tha n 3 lbs (including the battery).

 The DJI Inspire 1 weighs less than 6 lbs (including the battery).

 Ma ximum flight speed for the DJI Phantom 2 Vision is 15 m/s (29 knots)

. 3

 Maximum flight speed for the DJI Inspire 1 is 22 m/s (~43 knots).

 Both the DJI Inspire 1 and the DJI Phantom 2 Vision has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an au to

- pilot system to

maintain UAS stability and control. The UAS s are also able to respond to a loss of GPS or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver

. These safety

fea tures provide an equivalent level of safety compared to a manned aircraft performing a similar operation and mitigate the risk of command and control link failures

. 4 The Inspire 1

1 Manufacturer specifications for the DJI Phantom 2 Vision are located in Attachment A

.

2 Manufacturer specifications for the DJI Inspire 1 are located in Attachment B

.

3 Exemption No. 11195 to Falcon SkyCam at pg. 10.

4 Id. at pg. 3.U.S. Department of Transportation

April 21, 2015 Page 7

also has geofencing capabilities to ensure the aircraft remains within a de fined area of operation.

 Altitude information will be generated by equipment onboard the UA s as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any

combination thereof. This information will be transmitted to the pilot via telemetric data

feed.

 The radio frequencies used for operations and control of the UAS s comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. Both UASs operate within the 2 .4 GHz frequency band.

If the same proposed operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pounds. The difference in weight between the DJI Phantom 2 and DJI Inspire 1 (which carries no passengers, crew, or flammable fuel), significantly reduces the potential harm to the participating and non

- participating individuals or property in the eve nt of an

accident or incident.

B. Approval is Warranted Based on the Operational Restrictions in RTI's

O perating Documents

RTI's operating documents contain all the procedures and limitations necessary to safely and successfully perform the proposed operations

. To assist the FAA in making a safety assessment of

RTI's proposed operations, below is a summa ry of operational limitations and conditions that RTI will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. Operations authorized by the grant of exemption will be limited to the DJI Phantom 2 Vision and the DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. Operations for the purpose of closed

- set mot ion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed rest riction. In no case will the UA be operated at airspeed s greater than the maximum UA operating airspeed recommended by the aircraft

manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL).

Altitude must be re ported in feet AGL.U.S. Department of Transportation

April 21, 2015 Page 8

5. The UA must be operated within visua l line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman me dical certificate or U.S. driver’s

license.

6. All operation s must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as th e PIC always maintains VLOS capability. The VO and

PIC mus t be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot

transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in

accordance with the conditions and limitations stated in this grant of exemption, are

hereinafter referre d to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the condition s and limitations in this exemption and the procedures outl ined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documen ts. The operator may update or revise its operating

document s. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also p resent updated and revised documents if it petitions for ext ension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must peti tion for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating

documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation a functional test flight prior to conducti ng further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be co nducted in such a manner so as to not pose an undue hazar d to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pr e

- flight inspection and determine the UAS is in

a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a

condition that affects the saf e operation of the UAS, the aircraft is prohibited from ope rating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.U.S. Department of Transportation

April 21, 2015 Page 9

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacem ent, inspection, and life limit requirements for the aircraf t and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety

bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Fed e ral government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ab ili ty to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification fl ight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

building) and determining the PIC’s ability to safely operate t he UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and e xperience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conduc ted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Fa cility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with tha t airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet h orizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre

determined location within the private or controlled

- access property.U.S. Department of Transportation

April 21, 2015 Page 10

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (C OA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot
be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings

in accordan ce with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Document s used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the

Ground Control St ation of the UAS any time the aircraft is operating. These documents m ust be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at

all tim es.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All flight operations conducted closer to nonparticipating persons (persons other than the PIC or VO), vessels, vehicles, and structures

, than the minimum distance requirements of § 91.119 (b ) 5 and (c ) 6 , must be conducted using a tether. The op erator must ensure that nonparticipating persons remain at least 25 feet away from the maximum distance the UAS

can travel

. If a situation arises where nonparticipating persons comes with 25 feet from the maximum distance the UAS can travel, flight operat ions must cease immediately. 7 The PIC must make a safety assessment of the risk of operating closer to those objects and determine that it does not present an undue hazard.

5 (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

6 (c) Over other than congested areas. 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.

7 See discussion of tether ed UAS operations in Section V(H ), supra

.U.S. Department of Transportation

April 21, 2015 Page 11

27. All operations shall be conducted over private or controlled

- access property wi th permission from the property owner/controller or authorized representative. Permissi on from property owner/controller or authorized representative will be obtained prior to the beginning of every flight.

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

.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutor y authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 8

RTI seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using small UAS s , including:

FAR Description

91.9(c); 45.23(b) and 45.27(a) Aircraft Marking and Identific ation Requirements

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b) Maintenance and Inspection Requirements

61.113 ; 61.101(e)(4) and (5) Private and Recreational Pilot Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and (b) Carrying Aircraft Flight Manual, Certification and Registration in

the Aircraft

91.103 Preflight Action

8 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) an d (b) and Sections 44702

- 44716).U.S. Department of Transportation

April 21, 2015 Page 12

91.109(a) Flight Instruction

91.119 (b) Minimum Safe Altitudes

– Over Congested Areas

91.119(c) Minimum Safe Alti tudes

- Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which exemption is sought, and the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 9

A

. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

RTI seeks an exemption from th e aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides

that:

No person may operate a U.S.

- registered civil a ircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restric ted or light

- sport 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 inche s high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

9 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek exemption.U.S. Department of Transportation

April 21, 2015 Page 13

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fu selage, boom, or tail the marks required by § 45.23.

In a prior grants of exemption under Section 333 of the Reform Act , the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N

Number) mar kings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10 All UA flown by Petitioner will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

B

. 91.405(a), 9 1.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Petitioner seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2); 91.417(a) and (b). These r egulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. 12 An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be oper ated under this grant of exemption will not have.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the operating documents and any required manufacturer Safety or

Service Bulletins. Further, as required by the operating documents, the PIC will conduct a pre

- flight inspection of the UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight critical components of the UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be condu cted following the replacement of any flight

- critical components. As required by the operating documents, the PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the flight.

The operating documents also includes requirements to follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. Moreover , the operating documents also include procedures to document and

maintain a reco rd of the UAS maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of Petitioner's UASs . As a whole, the maintenance and inspection procedures required by Petitioner's operating documents ensure that an equivalent or higher level of safety will be achieved.

10 FAA Docket No. FAA

- 2014

- 0352.

11 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.

12 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the

aircra ft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter").U.S. Department of Transportation

April 21, 2015 Page 14

C

. 61.113 , 61.101(e)(4) and (5) : Private and Recreational Pilot Privileges and

Limitations

RTI seeks exemption from 14 CFR § 61.113, which restricts private pilot certifi cate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the UASs will be operated as part of a commercial operation, it carries neither passengers nor cargo.

In the FAA's Section 333 Grant of Exemption to Astraeus Aerial 13 , the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition cost and restrictions attendant with requiring a the PIC to have a Commercial Pilot

Certificate and Class II Medical Certificate. The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

More recently, the FAA determined that holders of recreational and sport pilot certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by the Department of Homeland Security ("DHS"), the FAA determined that holders of recreational and sport pilot certificates would be qualified to serve as the PIC for UAS operations. 14

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions similarly imp osed on Astraeus Aerial and other operators in more recently granted exemptions under

Section 333 of the FAA Reform Act. RTI will operate on private property away from persons and property not involved in the operation. RTI will also require all PICs to be thoroughly trained in the unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience not only in UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of

RTI . The pilot qualification, training, and currency requirements in the operating documents ensure that Petitioner's pilots are competent and proficient in the UAS they are operating. The Petitioner's training and qualification requirements are consistent with those contained in prior FAA issued grants of exemption , and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety.

13 Grant of Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).

14 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA

- 2014

- 0642 at pgs.

8

- 9).U.S. Department of Transportation

April 21, 2015 Page 15

D

. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UASs, RTI seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operat ed. While the petitioner’s UAS s will not have an airworthiness certificate, the FAA has determined that for the purposes of this exemption the pilot may determine the aircraft is in an airworthy condition prior to flight. The operating documents contain procedures which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is therefore warranted.

E

. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carryi ng Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No perso n may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved man ual material, markings, and placards, or any

combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) 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 th at it is legible to passengers or crew.

Given the small size and configuration of the UASs, it would be impossible to keep airworthiness documents and other aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockp it.

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has acc ess to the UAS flight manual, registration certificate, and other required documents from the ground control station from which he or she isU.S. Department of Transportation

April 21, 2015 Page 16

operating the aircraft. 15 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule

is to ensur e the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS. 16

F

. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA

approved Flight Manual on board the aircraf t. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA

- approved Flight Manual is required.

Adherence to the requirements in the operating documents will ensure tha t the UAS is in an airworthy condition prior to flight. The PIC will perform a series of checklists designed to identify any defects or inoperable components, which cover pre

- flight, take

- off, landing and post

- flight procedures. The PIC will also be requ ired to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. Petitioner's operating documents will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

G

. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned fre e balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." UASs 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).

15 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No.

FAA

- 2014

- 0352 at 16

- 18.

16 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft:

Cer tifications required. The FAA has previously determined that relief from these sections is not necessary. See Exemption No. 11062. Relevant materials may be kept in a location accessible to the PIC in compliance with the regulations.U.S. Department of Transportation

April 21, 2015 Page 17

Given the size and speed of the UASs that Petitioner intends to u se, an equivalent level of safe training can still be achieved without dual controls because no pilot or passengers are aboard the UAS, and as required by the operating documents, all persons will be a safe distance away in the event that the UAS experienc es any difficulties during flight instruction. Moreover, all flight training will be conducted in controlled and sterile environment. As a whole, the procedures provided for in the operating documents ensure that UAS flight instruction can be performed s afely.

H

. 91.119 (b) and (c) : Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R. §

91.119 (b) and 91.119(c) , which state:

Except when necessary for takeoff or landing, no person may operate an ai rcraft below the following altitudes:

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. 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.

As set forth in the attached RTI operating documents , RTI has established a set of procedures

that adequately mitigate any risk from operating its UAS under tightly controlled conditions that

warrant a deviation from the minimum distances set forth in these sections. Accordingly, RTI requests an exemption from this section of the FARs

.

In particular, RTI requests that the minimum distance requirements of 2000' under subsection (b) and 500' under subsection (c) be lowered . At any time the U AS needs to be flown closer than

these distances to a structure or obstacle that is not the subject of the flight , then RTI will conduct the operation using a tether. As set forth in the operating documents , the flight location will be surveyed before fli ght, and the distance between the center of the operation ( i.e. tether point) and all

obstacles will be determined. The aircraft will be securely tethered at a point whereby the lengt h of

the tether is 25 ' shorter than the distance from the tether point to the closest obstacle. In this way, at no time will the UAS be capable of contacting the obstacle. In addition, a perimeter security will be set up to ensure that no persons can enter closer than 25' from the maximum distance the UAS can

travel. This method will provide a superior method of safety beyond the arbitrary restriction of 500' and 2000' that was designed to ensure the safe operation of helicopters and conventional aircraft.

In making this request, petitioner is cognizant of the Opinions i ssued by the FAA Chief Counsel's Office addressing the question of what constitutes a "congested area" as that term is used

in the FARs . The determination of whether an ar e a is "congested" rests on characteristics of the area, the presence of persons unas sociated with the flight operation, and the characteristics of the

aircraft. See Memorandum from Rebecca MacPherson , Assistant Chief Counsel for Regulations to James Gardner, Manager, Flight Standards Division ( June 18, 2012 )

. For example, in that

memora ndum , an inquiry was made whether a hel i copter could be used for a large external liftU.S. Department of Transportation

April 21, 2015 Page 18

ope ration at a n indust r ial site. The proposed operation would be conducted at the factory, which normally has a large number of persons, as well as over an open field

, a parking lot, and over a "busy road" surrounding the factory. The operator asked whether it would be permissible to operate at these locations if they could be turned into "depopul a ted" areas. The FAA Chief Counsel's Office

indic a ted that this could be done, so long as precautions were in place to remove the population from the area and prevent persons from approaching while it was being conducted.

In summary, the fact that the UASs weighs less than 6 lbs (with payload), will be operating

within VLOS o f a PIC and VO, at an airspeed of 87 knots or less with no flammable fuel onboard, and the standoff requirements for both participating and nonparticipating persons and property in the operating documents , will ensure the protection of persons and property on the ground

— which has been the purpose of the minimum safe altitudes rule in §91.119 since its inception.

I

. 91.121: Altimeter Settings

To the extent necessary for RTI to conduct the proposed operations, Petitioner requests an exemption from 14 C.F.R . § 91.121, which 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.

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the

operator at a g round

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 17

The UASs that Petitioner intends to use for performing the proposed operations meet all these operational characteristics. Moreover, the operating documents require the PIC to calibrate the aircraft's GPS compass prior to each flight operation. As the FAA has determined in circumstances similar to this Petition for Exemption, Petitioner's UASs and the safety mitigation procedures contained in the operating documents, ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate.

J

. 91.151(a): Fuel Requ irements for Flight in VFR Conditions

RTI requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR

conditions. Section 91.151 states:

(a) No person may begin 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

17 See Grant of Exempt ion No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S. Department of Transportation

April 21, 2015 Page 19

(2) At night, to fly after that for at least 45 minu tes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore re quired.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions in circumstances similar to those presented in this Petition for Exemption

. 18
In Exemption No. 11213 to Aeryon Labs, Inc. 19 , the F AA determined that a requirement prohibiting

the PIC from beginning a UAS flight unless (considering wind and forec ast weather conditions)

there was enough available power for UAS to operate for the intended operational time and to operate after that for a t least five minutes or with the reserve power recommended by the manufacturer if greater

, would ensure an equivalent level of safety to the fuel requirements of § 91.151(a)

. 20 Petitioner's operating documents impose this same requirement and an exemption from § 91.151(a)'s fuel requirements for flight in VFR conditions is therefore appropriate

.

VI. D RUG AND A LCOHOL P ROGRAM

RTI will have policies in place to ensure that no person may participate in UAS flight operations if they are under the influenc e of alcohol or any drug.

VII. P UBLIC I NTEREST

The public interest will be served by granting RTI 's Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environ ments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NA S before completion of the statutorily required rulemaking.

More importantly however, and as recognized by the FAA in prior grants of exemption allowing commercial operation of UAS for purposes similar to those described herein , granting the requested e xemptions will significantly improve safety and reduce risk by alleviating the public's exposure to danger and emissions associated with using manned aircraft to perform equivalent aerial

data collection. Petitioner's UASs are battery powered and create n o emissions. Moreover, in the unlikely event that one of Petitioner's UASs crash, there is no fuel to ignite and explode. Any accident involving Petitioner's lightweight UASs will present significantly less danger to the pilot

and other individuals on th e ground than one involving a full size aircraft. The use of small UASs

18 See e.g., Exemption Nos. 8811, 10808, and 10673

.

19 Docket No. FAA

- 2014

- 0642.

20 Exemption No. 11213 at pg. 12.U.S. Department of Transportation

April 21, 2015 Page 20

also improves safety by reducing the risk of serious harm or injury to inspecting engineers and

consultants.

Moreover, the aerial data collected using RTI UASs will aid in docu menting building and structural damage conditions which, if left unchecked, might lead to a falling debris hazard onto the public. The public will also benefit from the superior quality of the inspections resulting from aerial data collected using UASs. Petitioner's UASs will be capable of documenting conditions that may have been otherwise inaccessible using traditional inspection and survey methods. The use of small UASs will also reduce the risk of harm to inspecting engineers and consultants by not e xposing them to hazards associated with inspection of dangerous or unsafe physical conditions often present in buildings and structures that have been damaged, exhibit some defect, or are otherwise deteriorating.

VIII. P RIVACY

All RTI UAS operations wi ll be conducted in accordance with applicable federal, state, or local laws regarding privacy. All operations will be conducted over RTI property or private

controlled

- access property with permission from the land owner/controller or authorized

representa tive. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

IX. N ATIONAL S ECURITY

No national security issue is presented by the requested exemptions. Given that the UASs are exceedingly s mall and lightweight, have lost

- link and geo

- fencing capabilities, will operate at very low speeds, have extremely low payload capacities and carry no flammable, explosive or otherwise dangerous materials, the operations pose no threat to national security

.

X. F EDERAL R EGISTER S UMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

F EDERAL R EGISTER , should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

45.23(b); 45.27(a); 61.113; 61.101(e)(4) and (5); 91.7(a); 91.9(b)(2); 91.9(c); 91.10 3; 91.109(a); 91.119 (b) and (c) ; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with using conventional fixed

- wing aircraft or
, rotorcraft for aerial data collection.U.S. Department of Transportation

April 21, 2015 Page 21

XI. C ONCLUSION

RTI 's Petitio n for Exemption satisfies the criteria articulated in Section 333 of the Reform

Act of 2012

, including weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS and national security. The proposed operations i n this Petition for Exemption are similar to those in previously issued grants of exemptions , and they would benefit the public as a whole by improving safety. In consideration of the foregoing, this Petition for Exemption provides the FAA with all the ne cessary justification for granting the requested exemptions allowing RTI to use small UASs for aerial data collection in support of its forensic evaluation and infrastructure inspection work.

We thank you for your prompt consideration of our requested exe mptions. Should you have any questions, or if you need additional information to support the requested exemptions, please do not hesitate to contact the undersigned.

Very truly yours,

Matthew J. Clark

Mark E. McKinnon

L isa M. Ellman

AttachmentsU.S. Department of Transportation

April 21, 2015 Page 22

ATTACHMENT A : DJI PHANTOM 2 VISION SPECIFICATIONSU.S. Department of Transportation

April 21, 2015 Page 23

[ THIS PAGE IS LEFT INTENTIONALLY BLANK ]U.S. Department of Transportation

April 21, 2015 Page 24

ATTACHMENT B : DJI INSPIRE 1 SPECIFICATIONSU.S. Department of Transportation

April 21, 2015 Page 25U.S. Department of Transportation

April 21, 2015 Page 26U.S. Department of Transportation

April 21, 2015 Page 27U.S. Department of Transportation

April 21, 2015 Page 28

[ THIS PAGE IS LEFT INTENTIONALLY BLANK ]U.S. Department of Transportation

April 21, 2015 Page 29

(The following attached items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq. , and should be held in a separate file pursuant to 14 C.F.R. § 11. 35(b)).

Attachments:

RTI UAS Operations Manual

DJI Phantom 2 Vision User's Manual

Smart F light Battery Safety Guidelines

DJI Quick Start Guide

DJI Pilot Training Guide

DJI Inspire 1 User's Manual

DJI Inspire 1 Safety Guidelines

DJI Inspire 1 Mai ntenance Manual

DJI Intelligent Flight Battery Safety Guidelines