Pinnacl X Page 1

November 20, 2014

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Under Section333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 CFR 

Part 11, Pinnacl X, LLC ("Petitioner"), a Connecticut based multicopter manufacturing and utility aerial 

service company that performs structural inspection on high tension power lines, towers, buildings, 

bridges, light poles and for fire and rescuer operations and wild life management, hereby seeks 

exception from the Federal Aviation Regulations ("FARS") to allow commercial operation of small 

unmanned aerial systems ("sUAS") so long as such operations are conducted within and under 

conditions outlined herein or as may be established by the FAA as required by Section 3331.

The exemption is in accordance with protocols outlined in this petition for exemption, protocols defined 

in the following proprietary and confidential documents:

 Exhibit A: Pinnacl X Multirotor Design Safety Improvement 

 Exhibit B: Chameleon Pro Operating Procedures 

 Exhibit C: Chameleon Pro maintenance manual

 Exhibit D: Pinnacl X pilot and observer operating procedures 

 Exhibit E: Pinnacl X UAS training program course materials

 Exhibit F: Pinnacl X Description of Chameleon Pro quadrotor system

 Exhibit G: Lost communications

 Exhibit H: Flight Restrictions

 Exhibit I: Publication, Multirotor Unmanned Aircraft Systems (UAS) Advanced Design for High 

Tension Power Line Inspection, Presented by Alfred A. Gates at the 2015 AHS Specialist Meeting 

on Unmanned Rotorcraft and Network-Centric Operations Program, January 20-22, Chandler 

Arizona

 Exhibit J: Report, 115 KV Power Line Electromagnetic Interference Field Testing Engineering and 

Safety Study, by Alfred A. Gates, Department of Engineering CCSU, 4/16/2014

For you convenience, this petition is organized as follows:

1 The conditions proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3

2 Petitioner submits Exhibits A-H and J, its Manuals as a Confidential documents under 14 CFR 11.35(b), 

as the Manuals contain confidential commercial and proprietary. The Manuals contain operating 

conditions and procedures that are not available to the public and are protected from release under the 

Freedom of information Act 5 U.S.C. 552 et. Seq.
Pinnacl X Page 2

1. Petitioner's Description

Petitioner is supported by the Chameleon Pro created by Pinnacl X. A small Unmanned Aircraft System 

(sUAS) that is light weight, four bladed multi-rotor, vertical takeoff and landing (VTOL) sUAS specifically 

designed for flight in confined areas with in close proximity of high tension power lines and structures. 

Tethered flight test were performed with the Chameleon Pro next to energized high tension power lines. 

The Chameleon Pro tethered flight tests were similar to the testing outlined in COA-139-ESC-2013. The 

tethered flight test results indicate that 115KV power line do not interfere with the Chameleon Pro’s 

autopilot or electrical and power systems, video link, data link or manual flight control system. Exhibit J 

is the report provided in the COA-139-ESC-2013 application. The Chameleon Pro was designed based on 

the research conducted by Dr. Alfred Gates from Central Connecticut State University involving 

structural inspection of high tension power lines, see exhibit I and J. Also employees of Pinnacl X and Dr. 

Gates have been involved with sUAS research, fixed wing and multicopter since 2006. 

To further enhance its aviation safety competence, the petitioner engaged AirOcean to provide 

additional guidance involving High tension power line and structural inspection using helicopters. 

AirOcean and Pinnacl X developed the safety check list, maintenance program and flight operations 

manuals in Exhibits A-E. AirOcean is a fixed based operator at Yalesville heliport. AirOcean routinely 

perform high tension power line inspection for the utility industry in New England. If granted Pinnacl X 

will be inspecting the same power lines and towers for structural fatigue and weather damage. 

Additionally AirOcean performs a variety of commercial operations that include low level fight for wild 

life monitoring, structural inspection and lifting operations.

Currently, inspection, of high tension power lines and structures require either a tower climbing crew 

and or high voltage, HV, bucket trucks and crew to perform the inspection. In all cases access to the 

structure requires a land vehicle. Tower climbs can be extremely dangerous and only 30% of the high 

tension line structures are accessible by HV bucket trucks. The reaming 70 % of the structures require 

roadway improvement. In many cases the roadway is through wetlands and travel to the structures can 

be environmentally harmful. The usage of sUAS will have a minimum environmental impact for 

inspection. Also the usage of a sUAS eliminates unnecessary structural climbs thereby increasing the 

safety of the line crew. Additional advantages of sUAS for inspection include the development video and 

photo data bases for structures. The data base will be a cost effective tool for preventative maintenance 

resulting in a reduction in power outages. The power line inspection procedures can be applied to other 

areas of structural inspection which include, towers and bridges, light poles and buildings. 

The petitioner intends the sUAS Pilot in Command (PIC) to have passed the privet pilots exam within two 

years, have passed the Pinnacl X sUAS course and to be current with the Chameleon Pro in addition to 

the FAA requirements for the location of flight operations. The petitioner also intends the Observer to 

have received instruction on flight operations involving structural inspection and the Chameleon Pro. 

Both the PIC and Observer will hold a current Class II medical certificate. 

Consistent with the requirements of 14 CFR 11.81(a), petitioner provides the following information in 

support of its petition for exemption:

The name and address of the petitioner is:

Alfred Gates, Ph.D., P.E., 

Pinnacl X, LLC

16 West Cove Rd. 

Moodus CT, 06469
Pinnacl X Page 3

Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act. In the Reform Act, Congress directed the FAA "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace 

system" and, under Section 333 of that law, directed the Secretary of Transportation ("FAA 

Administrator") to consider whether certain unmanned aircraft systems may operate safely in 

the National Airspace System ("NAS") before completion of the rulemaking required under 

Section 332 of the Reform Act.

In making this determination, the Secretary shall determine, at a minimum:

which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, and 

operational capability, proximity to airports and populated areas; and operation within visual 

line of sight do not create a hazard to users of the national airspace system or the public or 

pose a threat to national security; and

whether a certificate of waiver, certificate of authorization, or airworthiness certification under 

section 44704 of title 49, United States Code is required for the operation of unmanned 

aircraft systems identified under paragraph (1).

If the Secretary determines that such vehicles "may operate safely in the National Airspace 

System, the Secretary shall establish requirements for the safe operation of such aircraft in the 

National Airspace System" (Emphasis added).1

In addition, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator decides a requested exemption is 

in the public interest. See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from a 

requirement of regulations prescribed pursuant to section 44701(a)-(b) and sections 44702-

44716). 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 CFR § 11.81; FAA, Petition 

for Exemptions.

Pinnacl X will solely utilize the Chameleon Pro aircraft, maximum takeoff weight of 7.9 pounds 

with payload (well below the upper limit of 55 or fewer lbs. including payload). This aircraft will 

operate, under normal conditions at a speed of no more than 23 Knots Indicated Air Speed 

(KIAS) and have the capability to hover, and move in the vertical and horizontal plane 

simultaneously. It will operate only in line of sight of the PIC and observer and will operate 

only within the sterile area approved by the FAA. The sterile area confines the aircraft to 

airspace that is not currently navigable by manned aircraft per 14 CFR 91.119. Such 

operations will insure that the sUAS will “not create a hazard to users of the NAS or the 

public.”4

 

1

Section 333 places the duty on the Administrator, inter alia, to craft conditions for the safe operation of the UAS,

if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.
Pinnacl X Page 4

Given the small size of the Chameleon Pro and the restricted sterile environment within which 

it will operate, the petitioner falls squarely within the zone of safety (an equivalent level of 

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of UASs to commence immediately. Also due to the size of the UASs and the 

restricted areas in which the relevant Chameleon Pro sUAS will operate, approval of the 

application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations and the significant public benefit of dramatically increased safety of 

aviation versus non-aviation inspection services associated with allowing sUAS technology to 

support Pinnacl operations, the grant of the requested exemptions is in the public interest. 

Accordingly, the petitioner respectfully requests that the FAA grant the requested exemption 

without delay.

Qualification for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under 

Section 333 of the Reform Act. Each of the statutory criterial and other potentially relevant 

factors are satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS under 

controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) strictly controlled as 

to access, and; (4) would provide an increased level of safety beyond that existing when 

Pinnacl X personnel are used to accomplish the same purpose.

Petitioner's sUAS is a four bladed multi-rotor, vertical takeoff and landing (VTOL) aircraft, 

weighting 7.9 or fewer pounds including payload specifically designed for safety and maximum 

ease of operation. It operates, under normal conditions, at a speed of no more than 23 KIAS 

and has the capability to hover, and move in the vertical and horizontal plane simultaneously.

Petitioner's Chameleon Pro sUAS will operate in line-of-sight of the PIC and observer and will 

operate only within a sterile area surrounding objects that are current obstructions to 

navigable airspace for manned aircraft. Such operations will ensure that the Chameleon Pro 

sUAS will "not create a hazard to users of the National Airspace System or the public."

Given the small size of the sUAS involved and the restricted sterile flight operation 

environment, this petition for exemption falls squarely within the zone of safety i.e., an 

equivalent level of safety, in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of UASs to commence immediately. Also, due to the size of the 

UASs and the restricted areas in which the sUAS will operate, approval of the application 

presents no national security issue.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with allowing UASs for the 

proposed operations, the grant of the requested exemptions is also in the public interest.
Pinnacl X Page 5

Accordingly, Petitioner respectfully requests that the FAA grant the requested exemption 

without delay.

Description of Proposed Operations

The Exhibit B Standard Operating Procedures (SOP) describes the policies and procedures for 

Petitioner's proposed Chameleon Pro sUAS operations. To assist the FAA in its safety 

assessment of Petitioner's proposed Chameleon Pro sUAS operations, below is a summary of 

operational limitations and conditions which will ensure an equivalent or higher level of safety 

to operations conducted under current regulatory guidelines:

The Chameleon Pro sUAS weighs less than 7.9 lbs.

Flights will be operated within line-of-sight of the PIC and Observer.

Maximum total flight time for each operational flight will be 20 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 20 minute limit.

Flights will be operated at an altitude of no more than 400 feet above ground level ("AGL") or 

as specified by the FAA COA for the operating location.

Minimum crew for each operation will consist of the Chameleon Pro sUAS PIC and an 

Observer.

The PIC will, meet all FAA requirements, which could be an FAA licensed airman with a private 

pilot's certificate or have passed the privet pilots written exam within the past two year or UAS 

certificate (when the FAA issues the criteria and procedures for a UAS license) and a second 

class medical certificate. The required PIC qualifications will vary depending on the location of 

flight operations. Also the PICmust be current and have passed the written and flight exams 

required by Pinnacl X.

The Chameleon Pro sUAS pilot will be the PIC. If a pilot certificate holder other than the 

Chameleon Pro sUAS Pilot is present and possesses the necessary PIC qualifications, that 

person can also be designated as PIC.

The Chameleon Pro sUAS will only operate within a confined by geo-fence to a sterile area 

surrounding the structure and under 400’ AGL or altitude defined in the COA for the location of 

flight. In addition the Chameleon Pro sUAS will also be programed to automatically switch 

modes from GPS position hold to altitude hold in the event of a GPS signal loss or signal 

reduction since a geo-fence will also fail in the event of a GPS signal loss.

A pre-flight briefing, in accordance with the SOP (Exhibit B proprietary and confidential 

material) will be conducted in regard to the planned Chameleon Pro sUAS operations prior to 

each flight mission. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for the flight briefing.

Notification of flight operations to the FAA will be consistent with the Certificate of 

Authorization (COA) requirements. Petitioner will file a NOTAM 72 to 48 hours prior to the 
Pinnacl X Page 6

flight operations. Petitioner will notify the airspace controlling authority and or airport 

management at non-towered airports prior to operating within 5 miles of an airport.

The PIC and Observer have ultimate authority of any fight operation and can cancel as needed.

The PIC and Observer will be trained in operation of Chameleon Pro sUAS and will have 

received up-to-date maintenance and flight log information on the particular Chameleon Pro 

sUAS to be operated, as required in Section 3 of the Pinnacl X SOP.

The PIC and Observer will at all times be able to communicate by voice.

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

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.

If the Chameleon Pro sUAS loses communications or loses its GPS signal, the Chameleon Pro 

sUAS is equipped with advanced safety features that will allow the Chameleon Pro sUAS to 

switch modes to a altitude hold mode, there by avoiding a flyaway situation.

The Chameleon Pro sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

Petitioner Requests Exemption From the Following Regulations

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

terms, this statutory authority includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, including sUAS, from its safety regulations and minimum standards when 

the Administrator decides a requested exemption is in the public interest.9

Petitioner seeks an exemption from several interrelated provisions of 14 CFR Parts 21, 45 and 

91 for purposes of conducting aerial surveys and inspections using sUAS. Listed below are: (1) 

the specific sections of 14 CFR for which exemption is sought; and (2) the operating procedures 

and safeguards that Petitioner has established which will ensure a level of safety equal to or 

better than the rules from which exemption is sought. 

Petitioner acknowledges that some of the below cited requests were addressed in FAA Order 

11062 (Grant of Exemption to Astraeus Aerial, Docket FAA-2014- 0352) and for which no action 

was taken by the FAA. The FAA’s analysis did, however, recite the petitioner’s information as 

the basis for the no action; this Petition recites all of the previous sections for which 

exemptions were requested therein.

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

This petition seeks an exemption from 14 CFR Part 21, Subpart H, which establishes the 

procedural requirements for the issuance of airworthiness certificates as required by 14 CFR 

§91.203(a)(1). Given the size, weight, speed and limited, obstructed and unpopulated 
Pinnacl X Page 7

operating area associated with the Chameleon Pro sUAS to be utilized by the Petitioner, 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.

The Chameleon Pro sUAS to be operated here under is less than 7.9 pounds fully loaded, 

carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, 

and operates exclusively within a sterile area adjacent to structures that are considered 

obstructions to manned aircraft. Unlike other civil aircraft, aircraft operations will be tightly 

controlled and monitored by the PIC and Observer pursuant to the Pinnacl X SOP requirements 

and in compliance with local public safety requirements. Site security for the area of operation 

is consistent with existing requirements for maintaining public safety. The operation has been 

reviewed by a panel of subject matter experts to identify risks and safety requirements to 

mitigate those risks per Exhibit A Pinnacl X Chameleon Pro Operations. 

Equivalent Level of Safety

In all cases, an analysis of these criteria demonstrates that the Chameleon Pro sUAS 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 rotorcraft operating with an 

airworthiness certificate issued under 14 CFR Part 21, Subpart H. without the restrictions and 

conditions of the proposed Chameleon Pro sUAS operations. The same criteria demonstrate 

that there is no credible threat to national security posed by the Chameleon Pro sUAS, 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.

14 C. F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft.

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the Petitioner's Chameleon Pro sUAS would otherwise 

require certification under Part 27, as a rotorcraft, Petitioner requests an exemption from Part 

27's airworthiness standards for the same reasons identified in the exemption request from 

item A. 14 CFR Part 21, Subpart H.

14 C. F.R. §§ 91.9(c), 45.23(b) and 45.27(a). Aircraft Marking and Identification Requirements:

This petition seeks an exemption from the aircraft marking and identification requirements of 

14 CFR §§ 91.9(c), 45.23(b) and 45.27(a).

14 CFR § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter.
Pinnacl X Page 8

14 CFR § 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, restricted 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 inches high, the 

words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.

14 CFR § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of 

the cabin, fuselage, boom, or tail the marks required by §45.23.

Exemption from § 45.23(b) is warranted because the Chameleon Pro sUAS has no cabin, 

cockpit, or pilot station or entrance of any kind on which the word "Experimental" can be 

placed. Moreover, given the size of the Chameleon Pro sUAS, two-inch lettering would be 

impossible. The word "Experimental" will be placed on the fuselage in compliance with § 

45.29(f).

Given the nature of the specific relief sought by this exemption request, Petitioner requires 

relief from the associated marking and identification requirements of § 45.27(a) and § 91.9(c), 

which would require compliance with § 45.23(b).

Equivalent Level of Safety

An equivalent level of safety for exemptions to the aircraft marking and identification 

requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the sUAS marked 

on its fuselage as required by §45.29(f) where the pilot, observer, and others working with the 

sUAS will see the identification of the UAS as "Experimental." Additionally, Petitioner will 

ensure compliance with any requests of sUAS marking by the FAA.

The FAA has issued the following exemptions to the aircraft marking requirements of § 

45.23(b): Exemptions Nos. 10700, 8738, 10167 and 10167A.

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

This petition seeks an exemption from the private pilot privileges and limitations of §61.113 (a) 

& (b), which states:

Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a 

private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for compensation or hire, act as pilot 

in command of an aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if: 
Pinnacl X Page 9

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. Private Pilot 

Privileges and Limitations: Pilot in Command.

Except as provided in paragraphs (b) through (h) of this section, no person who holds a private 

pilot certificate may act as pilot in command of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for compensation or hire, act as pilot 

in command of an aircraft.

A private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if:

The flight is only incidental to that business or employment; and the aircraft does not carry 

passengers or property for compensation or hire. Section 61.113(a) limits private pilots to 

being in command of non-commercial flights. Section 61.113(b) (1) provides an exception that 

allows a private pilot to command an aircraft without passengers or property, in connection 

with business or employment if “the flight is only incidental to that business or employment." 

That exception likely does not apply to the proposed operations under this petition for 

exemption, as the flights are not incidental to the proposed aerial surveys and inspections but 

rather essential to it. Accordingly, this petition seeks an exemption to § 61.113(a)'s commercial 

limitation and/or § 61.113(b) (1)'s requirement that the flight be incidental to the business to 

benefit from the exception.

Equivalent Level of Safety

As required by the SOP (Exhibit B), Petitioner's Chameleon Pro sUAS operators acting as PIC 

will hold a private pilot license or UAS pilot certificate (when the FAA issues the regulations for 

applying for a UAS pilot certificate) and flight training specific to flight around high tension 

power lines and structures developed by Pinnacl X . Because the Chameleon Pro sUAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety 

to § 61.113 (a) and (b), by requiring the PIC operating the sUAS to have a private pilot license 

or UAS certificate and flight training specific to the Chameleon Pro .

Unlike a conventional aircraft that carries the pilot and passengers, the Chameleon Pro sUAS is 

remotely controlled with no living being on board. Moreover, the area of operation is 

controlled and restricted, and all flights are planned and coordinated in advance as set forth in 

the Pinnacl X SOP.

The level of safety provided by the requirements included in the Pinnacl X SOP exceeds that 

provided by a single individual holding a commercial pilot's certificate operating a conventional 

aircraft in accordance with § 61.113 (a) & (b). The risks associated with the operation of small, 

lightweight UAS in an airspace adjacent to obstructions are diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, that allowing 

the proposed operations in this petition for exemption with a PIC holding a private pilot license 

or UAS pilot certificate exceeds the present level of safety achieved by §61.113 (a) & (b).
Pinnacl X Page 10

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

This petition seeks an exemption from 14 CFR § 91.7(a), which requires that a civil aircraft be in 

an airworthy condition to be operated. In as much there will be no airworthiness certificate 

issued for the sUAS, should this exemption be granted, no FAA regulatory standard will exist 

for determining airworthiness.

Equivalent Level of Safety

The Chameleon Pro sUAS has been developed from the experimentation and flight testing 

within close proximity of energized high tension power lines, performed by Alfred A. Gates. His 

research was recently presented at the prestigiously 2015 International American Helicopter 

Society Specialist Meeting on Unmanned Rotorcraft and Network-Centric Operations Program, 

exhibit I. The flight testing included over 100 test flight under Central Connecticut State 

Universities COAs. Given the size of the sUAS, the requirements contained in the Exhibit B 

Pinnacl X SOP, Exhibit C Chameleon Pro Manual, the training requirements of the PIC and 

Observer and use of safety checklists prior to each flight, an equivalent level of safety will be 

provided.

The FAA has issued the following exemptions to this regulation: Exemption Order 11062.

14 C. F.R. § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft.

This petition seeks an exemption from the flight manual requirements of 14 CFR § 91.9(b) (2), 

which states:

(b) 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 its size, configuration, and load capacity, the Chameleon Pro sUAS has no ability to carry 

such a manual on the aircraft, not only because there is no pilot on board, but because there is 

simply no room or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by maintaining 

the Exhibit C Chameleon Pro Manual at the ground control point where the pilot flying the 

Chameleon Pro sUAS will have immediate access to it. Accordingly, Petitioner requests an 

exemption from § 91.9(b) (2)'s flight manual requirements, on the condition that the 

Chameleon Pro sUAS flight manual be available at the control point during each operation.

The FAA has issued the following exemptions to this regulation: Exemption Order 11062.
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14 C. F.R. § 91.103: Preflight Action.

This petition seeks an exemption from § 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 aircraft. In as much as an FAA approved flight manual will not be 

provided for the sUAS, an exemption will be needed.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Exhibit C Chameleon Pro 

Manual comprehensive preflight checklist and Exhibit B Pinnacl X Section 3 General Preflight 

Checklist. The PIC will take all actions, including reviewing weather and NOTAMs, flight battery 

requirements, landing and takeoff distances, and aircraft performance data, before initiation of 

flight.

14 C. F.R. § 91.109(a): Flight Instruction.

This petition seeks an exemption from 14 CFR § 91.109(a), which provides that:

No 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...

sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. 

Instead, flight control is accomplished through the use of a control box that communicates 

with the sUAS via radio communications.

Equivalent Level of Safety

Given the size and speed of the Chameleon Pro sUAS, an equivalent level of safe training can 

still be performed without dual controls because no pilot or passengers are aboard the 

Chameleon Pro sUAS, the system is equipped with an automatic come home feature that can 

be triggered at any time to respond to unpredicted challenges and all persons will be a safe 

distance away should the Chameleon Pro sUAS experience any difficulties during flight 

instruction. Additionally, the aircraft’s light weight and slow speeds with no pilot or 

passengers on board create less of a danger to the public than aircraft equipped with dual 

controls.

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) and other sUASs (See FAA Order 11062). 

14 C. F.R. § 91.119: Minimum Safe Altitudes.

This petition seeks an exemption from the minimum safe altitude requirements of 14 CFR § 

91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 CFR § 91.119(c). Section § 91.119(d) (1) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without 
Pinnacl X Page 12

hazard to persons or property on the surface," provided that "each person operating the 

helicopter complies with any routes or altitudes specifically prescribed for helicopters by the 

FAA."

To provide the intended inspections, the Chameleon Pro sUAS will normally need to be 

operated within a range of 100 feet laterally from the structure being inspected and under 

400’ AGL. Accordingly, due to the nature of the proposed operations, the PIC and the Observer

will be less than 300 feet away from structures during the operation, and an exemption is 

therefore required.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighting far more than the maximum 7.9 lbs. 

proposed herein, and the lack of flammable fuel, any risk associated with these operations is 

far less than those presently presented with conventional aircraft. An equivalent level of safety 

will be achieved given the size, weight, speed of the UAS as well as the location where it is 

operated. As set forth in the Exhibit B Pinnacl X SOP, the Chameleon Pro sUAS will be operated 

in a geo-fenced sterile area, where buildings and people will not be exposed to operations 

without their pre-obtained consent. No flight will be taken without the permission of the 

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

and participants, all affected individuals will be aware of the planned flight operations as set 

forth in the SOP. Furthermore, by operating at such lower altitudes adjacent to obstructions, 

the Chameleon Pro sUAS will not interfere with other aircraft that are subject to the minimum 

safe altitude regulations.

14 C. F.R. § 91.121 Altimeter Settings.

This petition seeks an exemption from 14 CFR § 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. An exemption is required because 

the Chameleon Pro sUAS does not have a barometric altimeter, but rather a GPS altitude read 

out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in the 

General Preflight Checklist in Exhibit B Pinnacl X SOP. As prescribed in the SOP, the operator 

will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. 

The flight plan will be programmed to maintain appropriate altitude above ground and under 

400’ AGL or as specified with in the COA for the location. Moreover, the PIC will use the GPS 

altitude indicator to constantly monitor the Chameleon Pro sUAS’s height, thus ensuring 

operation at safe altitudes.

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

This petition seeks an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR 

conditions. Section 91.151 states:
Pinnacl X Page 13

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 speedDuring the day, to fly after that for at least 30 minutes; or

At night, to fly after that for at least 45 minutes.

The battery powering the Chameleon Pro sUAS provides approximately 20 minutes of powered 

flight. An exemption from the 20 minute reserve requirement in 14 CFR §91.151 is therefore 

required.

Equivalent Level of Safety

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 

Chameleon Pro sUAS to its launch location from anywhere within its limited operating area. 

Operation of the Chameleon Pro sUAS with less than 20 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 Chameleon Pro . Moreover, operation will be limited to controlled areas where 

only people and property owners, or official representatives who have signed waivers will be 

allowed.

This request for exemption falls within the scope of prior exemptions. See e.g. Exemption 

Order 11062 

14 C. F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration.

This petition seeks an exemption from civil aircraft certification and registration requirements 

of 14 CFR § 91.203 (a) and (b). The regulation provides in pertinent part:

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

following:

An appropriate and current airworthiness certificate....

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.

In addition to the fact that Petitioner is seeking an exemption from the airworthiness 

certificate requirements, an exemption to this regulation is necessary because: 

The Chameleon Pro load capacity and size does not allow it to carry 

certification and registration documents; 

The Chameleon Pro does not have a cabin or cockpit entrance at which the 

documents could be displayed; and

There are no passengers or crew for whom the certificates need be displayed.
Pinnacl X Page 14

Equivalent Level of Safety

An equivalent level of safety will be achieved by keeping these documents, to the extent they 

are applicable to the Chameleon Pro sUAS, at the ground control point where the pilot flying 

the Chameleon Pro sUAS will have immediate access to them.

The FAA has issued numerous exemptions to this regulation. See, inter alia, Exemption Order 

11062 

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

Inspections.

This petition seeks an exemption from the maintenance inspection requirements of 14 CFR §§ 

91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417 (a) & (b). Which state:

These regulations specify maintenance and inspection standards in reference to 14 CFR Part 

43. See, e.g., 14 CFR § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall 

have that aircraft 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"). An 

exemption to these regulations is needed because Part 43 and these sections apply only to 

aircraft with an airworthiness certificate, which the Chameleon Pro sUAS will not have.

Equivalent Level of Safety

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

performed in accordance with the Exhibit C Chameleon Pro Manual. The operator will ensure 

that the Chameleon Pro sUAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. The operator is most familiar 

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

the equivalent level of safety.

If mechanical issues arise, the Chameleon Pro sUAS can land immediately. Moreover, the 

Chameleon Pro sUAS small size, carrying capacity, and the fact that flight operations will only 

take place in restricted areas for limited periods of time, create less risk than the same factors 

associated with conventional fixed-wing aircraft and rotorcraft performing the same operation.

Public Interest

Consistent with the requirements of 14 CFR §11.81(d), Petitioner offers the following reasons 

why granting this petition for exemption is in the public interest, i.e., how granting it would 

benefit the public as a whole.

Approval of exemptions allowing commercial operations of small and lightweight sUAS in the 

utility aerial services industry benefits the public as a whole in the following ways:

It helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act, namely, 

the FAA Administrator's assessment of whether certain UAS may operate safely in the National 

Airspace System before completion of the rulemaking required under Section 332 of the 
Pinnacl X Page 15

Reform Act.

The operation significantly improves safety and reduces risk by alleviating human exposure to 

danger associated with current inspection methods, namely, tower climbs and helicopter 

flight. The public's interest is furthered by reducing human exposure to death or serious injury 

associated with personnel performing structure or tower inspections and patrols. In addition 

the use sUAS for inspection has a minimal impact on the environment. Also the use of sUAS for 

inspection will provide a video or photo data base for preventive maintenance thereby 

reducing the number of power outages in the utility industry. 

Petitioner's Chameleon Pro sUAS is battery powered and creates no emissions. If Petitioner's 

Chameleon Pro sUAS crashes, there is no fuel to ignite and explode. Any impact of Petitioner's 

lightweight Chameleon Pro sUAS is, obviously, far less than potentially harmful emissions 

associated with cranes and lift equipment. The public's interest is furthered by minimizing 

ecological impact of an accident and by reducing human exposure to emissions.

Visual surveys are valuable tools for structure inspections. However, the obstructed 

environment with cables and power lines impede aerial surveys and inspections from 

conventional manned aircraft. The use of the Chameleon Pro sUAS addresses these problems 

and is a powerful tool for performing a wide-range of structure inspection and patrol 

applications. The public as a whole will benefit from the safer and more cost-effective utility 

aerial services that Chameleon Pro sUAS operations provide.

Privacy

All flights will occur over Petitioner's property or the customer's property with the customer's 

prior consent and knowledge.

Federal Register Summary

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:

Pinnacl X, LLC seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR § 91.203(a)(1);14 CFR Part 27: 14 CFR §§ 91.9(c), 45.23(b) 

and 45.27(a);14 CFR § 61.113 (a) & (b);14 CFR § 91.7(a); 91.9(b)(2); 91.103; 91.109(a); 91.119; 

91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b)

Approval of exemptions allowing commercial operations of small and lightweight unmanned 

aircraft ("sUAS") in the structure inspection industry will enhance safety by reducing risk to 

human life. Conventional operations in this industry using personnel to climb structures 

present the risks associated with unknown hazards that often lead to accidents, incidents and 

fatalities.

In contrast, the Chameleon Pro sUAS weighing fewer than 7.9 lbs. and powered by batteries 

eliminates virtually all of that risk, given the reduced mass and lack of combustible fuel carried 

on board. The Chameleon Pro sUAS is transported, not flown, to the designated survey area 
Pinnacl X Page 16

and set up. The Chameleon Pro sUAS carries no passengers or crew and provides the 

inspection services eliminating the requirement for personnel to climb the structure and, 

therefore does not expose personnel to the risks associated with unknown hazards.

The operation of sUASs like the Chameleon Pro, weighing less than 7.9 lbs., provides an 

equivalent level of safety and thus supports the grant of the exemptions requested herein, 

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

operations. The lightweight sUASs operate at slow speeds, close to the ground, and in a sterile 

environment adjacent to obstructions. As a result, they are far safer than conventional aerial 

survey and inspection operations conducted with fixed-wing aircraft or helicopters or manned 

tower climbs.

Conclusion

The Chameleon Pro as a result of its size, weight, speed, operational capability, distance from 

airports and populated areas and operation within a contained area adjacent to obstacles 

within visual line of sight do not create a hazard to users of the national airspace system or 

pose a threat to national security. Adequate justification exists for the grant of the requested 

exemptions allowing commercial operation of Pinnacl X LLC’s Chameleon Pro sUAS in the utility 

structure services industry and telecommunication and in accordance with Exhibit A, B, C, D, E, 

F, G, H, I and J appended hereto.

If additional information is required, or if you have any questions regarding this Petition for 

Exemption, please contact Alfred A. Gates at Pinnacl X (860 301-2117); kswiftgates@aol.com) 

for technical questions for any legal issues.

Pinnacl X, LLC. Exemption Request

Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Exhibits A, B, C, D

Confidential commercial and proprietary information protected under 14 CFR § 11.35(b) and 

are protected from release under the Freedom of information Act 5 U.S.C. § 552 et.seq.

The information contained in this exhibit has been submitted in the physical copies which 

mailed to the FAA Office of Rulemaking (ARM). If more copies are needed by FAA, requests 

made to Alfred A. Gates will be honored.

Respectfully Submitted,

 

Alfred A. Gates, Ph.D., P.E. Kathy Swift

Pinnacl X President & CEO