110 Southeast Sixth Street • Fifteenth Floor • Fort Lauderdale, Florida 33301

Tel 954.525.7500 • Fax 954.761.8475 • www.trippscott.com

Fort Lauderdale • Boca Raton • Tallahassee

Ian J. Lis, Esq.

Direct Dial: 954.765.2902

Email: ijl@trippscott.com

August 5, 2015

Electronically Submitted

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Infrared Testing, Inc. - Petition for Exemption to Operate

Unmanned Aircraft Systems Pursuant to Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95

(2012) (“Section 333”) and the general exemption authority of the Federal Aviation

Administration (“FAA”) under 49 U.S.C. § 44701(f), and through the undersigned counsel,

Infrared Testing, Inc. (“Petitioner”) hereby petitions for exemptions from Federal Aviation

Regulations (“FARs”) 14 C.F.R., Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61.133(a), 91.7(a),

91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1),

91.409(a)(2), and 91.417(a) and (b).

The contact information of Petitioner is

Infrared Testing, Inc.

Attn: Terry Malagoli, CEO

445 W Erie St., Suite 106

Chicago, Illinois 60654

Phone: 312-670-5005

E-mail: RSanchez@infraredtesting.com

Petition Summary

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

Register, should it be determined publication is needed:

Petitioner requests an exemption that would allow the commercial operation of small, unmanned

aircraft systems (“UAS”) weighing 55 pounds or less equipped for the purpose of safely and

accurately inspecting buildings. Petitioner’s proposed activities include thermographic analysis

of the envelope and roof, as well as electrical inspections of existing structures from the air. UAS-enabled inspections allow the Petitioner to provide data to customers on the energy

efficiency of existing properties. Petitioner’s UAS pilot in command (“PIC”) will hold an airline
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transport, commercial, private, recreational, or sport pilot certificate, as well as a valid driver’s

license, as required. The requested exemption should be granted because operation of the

proposed small UAS pursuant to the strict conditions outlined below will provide an equivalent

level of safety as Congress intended. Petitioner will operate the DJI Spreading Wings S900. Petitioner’s lightweight UAS is far safer than conventional flight operations containing flight

crew and passengers. Petitioner’s UAS is small and will operate at slow speeds, close to the

ground, far from airports in low-risk environments. They will operate only in line of sight within

a restricted environment. Petitioner’s UAS will carry no passengers, have enhanced safety

measures, and operate under the specific guidelines and specifications outlined herein.

Accordingly, Petitioner respectfully requests that the FAA grant the requested exemption without

delay. The Petitioner requests exemption from the following rules: 14 C.F.R., Part 21, 14 C.F.R. §§

61.113(a) and (b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151,

91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b).

Petitioner’s UAS

The requested exemption will permit the operation of one small unmanned rotorcraft, the DJI

Spreading Wings S900. The UAS is equipped with the DSLRPros Futaba 8FG 14-Channel

Transmitter. The UAS will utilize a Quark LWIR video camera with infrared capabilities. The

UAS provides the following functions: DJI multi-rotor autopilot system, enhanced failsafe

(return-to-home) technology, retractable landing gear, and vibration dampers. Petitioner’s UAS

uses a radio frequency spectrum for operation and control that complies with the Federal

Communications Commission (“FCC”) requirements. The FAA has recently granted Section 333

exemptions for several DJI Spreading Wings UAS, including the S900. See, e.g., Grants of

Exemption 11788, 11841, and 11400. See also, e.g. Grant of Exemption 11939 (granting

exemption for use of UAS for infrared and near infrared data collection) and 12178 (granting

exemption for use of UAS for roof inspection). For additional information, please refer to the

manuals for the aforementioned UAS and Flight Controller systems attached hereto as exhibits.

DJI Spreading Wings S900

The S900 is designed for professional aerial photography. It is user friendly, safe, stabilized and

easy to fly. Its simple design makes assembly and configuration simple and fast. Retractable

landing gear, vibration dampers, slightly angled arms and minimalized gimbal mount allow for a

clear 360 degree view from the camera. A patented power distribution board, built-in high speed

ESCs and motors with high efficiency propellers ensure dynamic stability and maximized power

efficiency. Used with a professional DJI multi-rotor autopilot system, the S900 can hover and fly

reliably making it ideal for photography. The S900 is unmanned and does not contain any fuel or

potentially explosive materials, which mitigates potential risk to the general public. It is also

worth mentioning that the S900 will not give off any emissions through its operation.

The S900 comes with a highly advanced On Screen Display (OSD) system. The OSD system

provides telemetric flight data, allowing the PIC to monitor important system information such

as battery voltage, speed, altitude, satellite reception and more in real time.
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In the unlikely event that the S900 loses connection with the transmitter signal, the A2 flight

controller will take control of the aircraft to prevent injuries or damage. At that point, the A2 will

cause the aircraft to stop its current trajectory, fly to an elevation of 60ft, and return to the point

of takeoff, and land. Alternately, the PIC can manually trigger the Return to Home function via

the radio transmitter. Additional craft information is included in the manuals attached.

Petitioner’s UAS will be identified by serial number, registered in accordance with 14 CFR Part

47, and have identification (N-Number) markings in accordance with 14 CFR Part 45, Subpart C.

Markings will be as large as practicable in accordance with § 45.29(f).

Flight Conditions and Operations

The UAS will be flown in airspace under 400 feet above ground level and under controlled

conditions. The UAS will be used for infrared envelope and roof inspections only. The

inspections will take place on private property, and will be used outside the required distance in

relation to airports. If Petitioner intends to operate within five (5) miles of any active landing

strip or airport, Petitioner will follow proper FAA procedure, notifying the FAA in advance of

operation and when operation is complete.

Petitioner’s pilot in command (“PIC”) will hold an airline transport, commercial, private,

recreational, or sport pilot certificate, as well as a valid driver’s license. The PIC will be

proficient at manually flying radio-controlled aircraft. The PIC will always make a safety

assessment of the risk of every operation and will only operate UAS when the PIC determines no

undue hazards exist. The PIC will operate all UAS with instruments of first-person-view of the

UAS and maintain constant GPS communication and flight telemetry data. A minimum of one

(1) visual observer will be required to be in line of sight of the UAS at all times to further watch

for intrusions into the area from individuals and other aircraft. All visual observers have

experience flying radio-controlled aircraft. The PIC and visual observer will be in constant

communication through verbal communication. No UAS flight will exceed line-of-sight distance

of the PIC and visual observer at any time.

All UAS will be flown on private property with the consent of the landowner. Petitioner will

protect the privacy of all involved and non-involved parties present during the use of the UAS.

Petitioner will obtain consent and permission from any party filmed or photographed and will not

film or photograph any party that has not provided consent. The visual observer will be on the

lookout for any trespassers so all operations can be quickly stopped if an unauthorized person

comes within range of the UAS.

For each UAS use, flight records will be kept on file. Petitioner will follow the procedures for

start-up set forth in the manual for the UAS. Additionally, Petitioner will perform a site

inspection before each flight to determine additional measures that may be necessary to safely

operate the UAS. Petitioner will further perform a pre-flight communications check to make sure

the PIC, visual observer, and UAS can remain in contact.
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Public Interest

The operation of the DJI Spreading Wings S900 is much safer than current methods of surveying

the envelope and roof, and for performing electrical inspections of existing structures. Standard

methods require traditional aerial observation or in the alternative scaffolding and aerial work

platforms. UAS technology allows for mitigation of the risk inherent in traditional aerial analysis

techniques. The main objective of Petitioner’s use of UAS technology is to help clients gain

information on their building’s energy efficiency. This information is more readily available

through the use of UAS technology. The use of UAS allows Petitioner to accommodate the needs

of the public in a safer and more efficient manner. The use of UAS in this case is consistent with

Congressional intent. The operation of the UAS by Petitioner is not a threat to national security.

Aircraft and Equivalent Level of Safety

Petitioner proposes that the exemption requested herein apply to UAS that have the

characteristics and that operate within the limitations outlined herein. These limitations provide

for at least an equivalent or greater level of safety to operate under the current regulations.

Petitioner agrees to the following limitations and conditions with conducting its commercial

UAS operations under an FAA exemption:

1. The UAS will weigh no more than 55 pounds.

2. The UAS will be operated within line of sight of the PIC and visual observer.

3. The maximum total flight time for each UAS flight will conclude upon the earlier of

thirty (30) minutes or until 25% of UAS battery remains.

4. The UAS will be operated at an altitude of no more than 400 feet above ground level.

5. The PIC will hold an airline transport, commercial, private, recreational, or sport pilot

certificate as well as a valid driver’s license.

6. The minimum crew for the UAS flight will be the PIC and one visual observer.

7. The crew for each operation will at all times be able to communicate by voice or through

radio or cellular devices.

8. Written or oral permission will be obtained from the landowners or their authorized

agents of the land over which all flights will occur.

9. All necessary permissions and permits will be obtained from all appropriate local

governmental agencies.

10. The UAS will have the capability to abort a flight in case of unexpected obstacles or

emergencies.

11. The UAS will be equipped with enhanced failsafe (return-to-home) technology.

12. No UAS operations will present any national security issue.

13. Petitioner will obtain an Air Traffic Organization issued Certificate of Waiver or

Authorization (“COA”) prior to conducting any operations under this grant of exemption.

In fulfilling the requirements of the COA, Petitioner will be required to request a Notice

to Airmen (“NOTAM”) not more than 72 hours in advance, but not less than 48 hours

prior to operation.

Satisfaction of Section 333’s criteria (size, weight, speed, operating capabilities, proximity to

airports and populated areas, operation within line of sight and national security) provide an
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adequate justification for the grant of the exemptions requested herein allowing Petitioner’s

commercial operation of UAS for the purpose of thermographic inspection of existing properties. Statutory Authority for Exemption

Section 333, in reference to 49 U.S.C. § 44704, provides a mechanism for expedited operational

authorization for the use of safe civil UAS operations in the National Airspace System (“NAS”).

Specifically, Section 333(a) states that the FAA “shall determine if certain unmanned aircraft

systems may operate safely in the national airspace system before completion” of final

rulemaking. If the Secretary of Transportation determines that certain UAS “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. § 333(c). The FAA Administrator also has the

general authority to grant an exemption if the Administrator finds the exemption to be in the

public interest. 49 U.S.C. § 44701(f). The Federal Aviation Act (the “Act”) expressly grants the

FAA the authority to issue exemptions for exempt civil aircraft, as defined by § 40101 of the

Act, which includes an exemption for small UAS from the requirement that all civil aircraft have

a current airworthiness certificate.

Requested Exemptions

Petitioner respectfully requests relief from the following regulations:

14 C.F.R. Part 21 prescribes, in pertinent part, the procedural requirements for issuing and

changing design approvals, production approvals, airworthiness certificates, and airworthiness

approvals.

The Act and Section 333 both authorize the FAA to exempt aircraft from the requirement

of an airworthiness certificate upon consideration of the size, weight, speed, operational

capability, and proximity to airports and populated areas of the particular UAS. It is clear

that Petitioner’s UAS may be operated without an airworthiness certificate, in the

restricted environment and under the conditions proposed in a manner as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the

restrictions and conditions proposed.

The small UAS to be operated hereunder (i) is less than 55 pounds fully loaded, (ii)

carries neither pilot nor passengers; (iii) carries no explosive materials or flammable

liquid fuels; and (iv) operates exclusively within a secured area. Unlike other civil

aircraft, operations under this exemption will be tightly controlled and monitored by both

the operator and in compliance with local public safety requirements. The FAA will have

advance notice of all operations. Application of these criteria demonstrate there is no

credible threat to national security posed by the UAS based on its size, speed and location

of operation, lack of explosive materials, and inability to carry a substantial external load.

61.113(a) and (b) prescribes that “no person who holds a private pilot certificate may act as a

pilot in command of an aircraft that is carrying passengers or property for compensation or hire;

nor may that person, for compensation or hire, act as pilot in command of an aircraft,” and that
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“a private pilot may, for compensation or hire, act as pilot in command of an aircraft in

connection with any business or employment if (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.”

61.133(a) sets forth privileges for persons holding commercial pilot certificates, including a

provision that limits the ability to act as PIC of an aircraft for compensation or hire to persons

holding a commercial pilot certificate. Petitioner’s UAS operations will be limited to restricted conditions and a controlled

environment. The PIC will hold an airline transport, commercial, private, recreational, or

sport pilot certificate, as well as a valid driver’s license. Additionally, while the UAS will

be operated in connection with Petitioner’s business, no passengers or cargo will be

transported. Petitioner believes these factors warrant relief from 61.113 (a) and (b) and

61.133(a). 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy

condition.

As there will be no airworthiness certificate issued for the UAS should this exemption be

granted, no standard will exist for determining airworthiness. Petitioner will keep all

UAS maintenance and safety information at the pre-determined ground station, where it

will be readily accessible to the PIC and visual observer. Based on the documents

available at the ground station, the PIC will be able to make a determination as to the

airworthiness of the UAS.

91.9(b)(2) prohibits the operation of U.S.-registered civil aircraft 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.

Based on the FAA’s Memorandum dated August 8, 2014, Petitioner does not believe

exemption from 91.9(b) or 91.203(a) and (b) is necessary. However, to the extent the

FAA deems an exemption from these sections necessary for Petitioner’s proposed

operations, such exemptions should be granted. Petitioner’s UAS is too small to safely

carry the required manuals and placards. Additionally, as the UAS is unmanned, the

manuals and other required information is more useful to the PIC at ground control.

91.103(b)(1) prescribes, in pertinent part, that each PIC shall, before beginning a flight, become

familiar with all available information concerning that flight. This information must include—

(a) For a flight under instrument flight rules (IFR) or a flight not in the vicinity of an airport,

weather reports and forecasts, fuel requirements, alternatives available if the planned flight

cannot be completed, and any known traffic delays of which the PIC has been advised by air

traffic control (ATC); (b) For any flight, runway lengths at airports of intended use, and the

following takeoff and landing distance information: (1) For civil aircraft for which an approved

Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required,

the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those
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specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft,

relating to aircraft performance under expected values of airport elevation and runway slope,

aircraft gross weight, and wind and temperature.

Petitioner will comply with all applicable requirements of 91.103(a) and (b) and requests

relief from 91.103(b)(1). The PIC will review weather, flight and battery requirements,

UAS performance data, and appropriate landing and takeoff distances before each flight.

Any risks presented will be mitigated by the PIC’s ability to see all nearby air traffic and

activate the UAS return-to-home procedures if necessary.

91.119(c) prescribes that, “[e]xcept when necessary for takeoff or landing, no person may

operate an aircraft below the following altitudes: . . . (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.” Due the nature of Petitioner’s UAS activities surveying the envelope and roof of existing

structures, Petitioner requests relief from 91.119(c) with respect to participating persons, vehicles, and structures directly involved in Petitioner’s operations. The UAS manual sets

forth safety factors that will be used to ensure safe operation when in proximity to

consenting participants. All Flight operations will be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless (a) Barriers or structures are present that

sufficiently protect nonparticipating persons from the UA and/or debris in the event of an

accident. The operator must ensure that nonparticipating persons remain under such

protection. If a situation arises where nonparticipating persons leave such protection and

are within 500 feet of the UA, flight operations must cease immediately in a manner

ensuring the safety of nonparticipating persons; and (b) The owner/controller of any

vessels, vehicles or structures has granted permission for operating closer to those objects

and the PIC has made a safety assessment of the risk of operating closer to those objects

and determined that it does not present an undue hazard.

91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude

by reference to an altimeter that is set “to the elevation of the departure airport or an appropriate

altimeter setting available before departure.”

Petitioner will not have a typical barometric altimeter on board the UAS. Instead, altitude

information is provided to the UAS PIC through a digitally encoded telemetric data feed,

which downlinks from the aircraft to an on-screen display on the ground. Prior to each

flight, a zero altitude initiation point will be established and confirmed for accuracy by

the PIC.

91.151 prescribes, in pertinent part, that “(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
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day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45

minutes. (b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes.” 91.151 provides for a safety reserve of fuel so that aircraft may timely land when fuel is

running low. Petitioner will operate UAS until the earlier of a maximum of thirty (30)

minutes or when 25% of battery remains. The UAS is additionally equipped with two

levels of low battery failsafe that allow the UAS to safely land when little battery

remains. The UAS are not propelled by fuel and will operate only within the safety

constraints of the UAS battery life.

91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has

within it “(1) an appropriate and current airworthiness certificate [. . . and] (2) an effective U.S.

registration certificate issued to its owner or, for operation within the United States, the second

copy of the Aircraft Registration Application as provided for in § 47.31(c).” 91.203(b) prescribes, in pertinent part, that “no person may operate a civil aircraft unless the

airworthiness certificate 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.” 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft

inspected as prescribed in subpart E of the same part and shall, between required inspections,

except as provided in paragraph (c) of the same section, have discrepancies repaired as

prescribed in Part 43 of the chapter.

91.407(a)(1) prescribes that no person may operate any aircraft that has undergone maintenance,

preventive maintenance, rebuilding, or alteration unless it has been approved for return to service

by a person authorized under § 43.7 of the same chapter.

91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within

the preceding 12 months, it has had an inspection for the issuance of an airworthiness certificate

in accordance with Part 21 of the same chapter.

91.417(a) and (b) prescribes, in pertinent part, that each registered owner or operator “keep the

following records for the periods specified in paragraph (b) of this section: (1) Records of the

maintenance, preventive maintenance, and alteration and records of the 100-hour, annual,

progressive, and other required or approved inspections, as appropriate, for each aircraft

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The

records must include— (i) A description (or reference to data acceptable to the Administrator) of

the work performed; and (ii) The date of completion of the work performed; and (iii) The

signature and certificate number of the person approving the aircraft for return to service. (2)

Records containing the following information: (i) The total time in service of the airframe, each

engine, each propeller, and each rotor. (ii) The current status of life-limited parts of each

airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items

installed on the aircraft that are required to be overhauled on a specified time basis. (iv) The
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current inspection status of the aircraft, including the time since the last inspection required by

the inspection program under which the aircraft and its appliances are maintained. (v) The

current status of applicable airworthiness directives (AD) and safety directives including, for

each, the method of compliance, the AD or safety directive number and revision date. If the AD

or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) for each major alteration to the airframe and

currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall

retain the following records for the periods prescribed: (1) The records specified in paragraph

(a)(1) of this section shall be retained until the work is repeated or superseded by other work or

for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this

section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list

of defects furnished to a registered owner or operator under § 43.11 shall be retained until the

defects are repaired and the aircraft is approved for return to service.”

Petitioner will comply with safety and maintenance procedures included in the UAS

manufacturer’s instructions and operating manuals. If necessary, Petitioner will develop

and document additional maintenance protocols to ensure the highest level of safety.

Therefore, Petitioner’s exemption from 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and

91.417(a) and (b) is warranted.

Conclusion

This Petition for Exemption demonstrates the appropriate safeguards and criteria that Congress

articulated in Section 333 including weight, speed, operating capabilities, proximity to airports

and populated areas, operation within VLOS and national security concerns. The proposed UAS

operations will benefit the public as a whole by reducing human exposure to the risks associated

with manned aircraft performing the activities. In consideration of the foregoing, this Petition for

Exemption provides the FAA with more than adequate justification to allow commercial

operation of Petitioner’s small UASs for the purpose of thermographic inspections of the

envelope and roof, as well as electrical inspections of existing structures.

We appreciate your prompt consideration of our requested exemptions. Should you have any

questions, or if you need any additional information to support the requested exemptions, please

do not hesitate to contact the undersigned.

Respectfully submitted,

Ian J. Lis, Esq.

Tripp Scott, P.A.

Counsel for Petitioner
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Exhibits

Manuals:

S900 Quark LWIR Camera Quick Start Guide

Spreading Wings S900 User Manual