Applicant’s Petition for Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

Applicant: Airspace Consultant of Applicant:
RETTEW Attn: Brian Freed 5031 Richard Lane, Suite 111 Mechanicsburg, PA 17055 Phone: (717) 697-3551 Email: brian.freed@rettew.com Clyde J. Pittman Director of Engineering Federal Airways & Airspace 1423 S. Patrick Dr. Satellite Beach, FL 32937 Phone: (321) 777-12661 

### I. SUMMARY OF PETITION Pursuant to Section 333 of the FAA Modernizatio n and Reform Act of 2012 (“Section 333”), RETTEW (“Applicant”) hereby respectfully requests expedited approval to use Small Unmanned Aircraft System (“sUAS”) under the terms and conditions described in th is Petition for Exemption (“Petition”) to conduct aerial surveys and site inspection throughout the Un ited States. RETTEW also re quests the exemptions that are necessary to such approval pursuant to 49 U.S.C. § 44701(f), and 14 C.F.R. § 11.81. 1 Appendix B lists a summary of the Federal Aviation Regulations that RETTEW is requesting relief. Applicant seeks to use the SenseFly eXom to perform visual inspections of project sites and for aerial surveys. Small UAS are ideally suited for the inspection of project sites and surveying as they can safely, inexpensively, and quickly deliver high-quality photo and video, which eliminates the need for physical inspection with traditional methods. Not only do sUAS have potential benefits to the environment, they also can facilitate the safe surveying and inspection of ha rd-to-access or environmentally sensitive areas without the use of ATVs, light-duty trucks and associated equipm ent that may have more impact than sUAS. sUAS can also allow greater access to densely vegetated or impass able areas. The use of sUAS would allow for greater precision in imagery that would require a MSL height too low for conventional aircraft. In addition, RETTEW frequently surveys slope failures in mountainous terrain . When a road collapses or repairs are needed, often times workers do not have the luxury to wait on weathe r. Risky methods, such as the use of belay lines by workers to navigate down a mountain side, would become obsolete or a last resort if the use of sUASs is introduced. Sites that are vacant or under development would also benefit from the use of UAS. They will

1 As described in Appendix A to this Petiti on, Applicant requests an exemption from the following regulations: 14 C.F.R. Part 21; 14 C.F.R. Part 27; 14 C.F.R. §§ 45.23(b); 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.7(a); 91.9(b)(2); 91.103; 91.109; 9 1.119; 91.121; 91.151(a); 91.203(a) and (b); 91.319(a)(1); 91.405(a); 91.407(a)(1); 91.409 (a)(2); 91.417 (a) and (b); 91.1501.2 allow for the reduction of the risk of injury by elim inating of the need for large amounts of workers in a potentially hazardous environment. There are many risks in every type of work place but especially in the surveying and construction fields. In many cases sUAS can be more efficient and cost effective than traditional methods, which can help to reduce operations and overall project costs and perhaps most importantly, provide a means for quicker resolution of any problems encountered during projects. A reduction of overall costs would be of benefit to the public by being able to pass any reduction of costs directly to the client and in turn to the public that would be utilizing their services. The public interest is critical to our success and the approval of this request and the provision of the necessary exemptions will enhance employee and public safety, increase productivity, and decrease client and consumer costs. In addition, larger more conventional aircraft are potentially hazardous due to size, emission of hazardous pollutants, and combustible fuel. Moreover, approving the requested use would represent a significant step forward in the Federal Aviation Administration’s (“Administration”) efforts to integrate sUAS into the national airspace system. RETTEW provides a wide range of engineering, enviro nmental, surveying, planning, safety, and related consulting services. The use of sUAS in surveying and inspection can significantly increase the quality and accuracy of site evaluation and investigation. RETTEW currently has a network of 10 successful, well s upported offices in five states. RETTEW’s request provides the Administration with an opportunity to pa rtner with an engineering firm ranked by Engineering News-Record as one of the top design firms in the Un ited States as it works to develop its rulemaking pursuant to the FAA Reauthorization Act of 2012 —while doing so for a compelling public purpose and under strict operational and safety guidelines. Given the uni queness of Applicant—the company offers its services over a diverse geographical, environmental, and a distin ctive resource mix—it is ideally suited to help the Administration understand the potential survey applications for sUAS.3 RETTEW proposes to use the SenseFly eXom, a rotorcraft, weighing less than 15 pounds, operating at a speed of no more than 87 knots (100 mph) or the maximum UAS operating speed as indicated by SenseFly (whichever is lower), and containing built-in safety feat ures. In addition, RETTEW proposes to use the aircraft at low altitudes for a majority of operations, not in proximity to airports or densely populated areas, on property that is owned or controlled by RETTEW or is owned or controlled by clients utilizing RETTEW's services, within the visual line of sight of the operator and/or visual observer, and under controlled conditions. Accordingly, the requested exemptions satisf y the applicable statutory criteria and policies, will serve the public interest, will not adversely affect safety, and will provide a level of safety at least equal to the existing airworthiness and related regulations. Appr oval of this Petition is therefore consistent with Section 333’s directive to “establish requirements for the safe operation of [unmanned aircraft systems] in the national airspace system” if the Secretary of Tran sportation determines that certain unmanned aircraft systems may operate safely in the national airspace system. 2

2 Section 333(c) of the FAA Moderniz ation and Reform Act of 2012, Pub. L. No. 112-95, 126 Stat 11.4 

### II. APPLICANT BACKGROUND RETTEW is a Pennsylvania based engineering firm that has been recognized by Engineering New-Record as one of the top design firms in the United States. RETTEW has been providing a wide range of engineering, environmental, surveying, planning, safety, and related consulting services since 1969; growing from a single location to more than ten successful, well-supported offices in five states. We are committed, first and foremost to safety. Our employees and the health and well-being of the public are of paramount importance. We strive to provide an inherently safe work environmen t, be it on a job site or in an office. All safety measures taken are required to perform the work reques ted by our clients and are critical to maintaining everyone's well-being. We believe that completing a job safely is just as imperative as completing a quality project on time. Safety is a core value at RETTEW and it is a corporate goal to have zero work-related incidents. In addition to work place safety, RETTEW is committe d to minimizing environmental impacts. Focusing on resource conservation and sustainable design projects, RETTEW is committed to everyday business practices being as environmentally responsible as possi ble. In this way, RETTEW' s policy contributes to improving the quality of life for the communities, clients, and employees that are served. The use of sUAS by RETTEW correlates to both the environmentally friendly ideals that RETTEW practices, especially the conservation and reduction of fuel consumption as well as the principles of work place, employee, and public safety. Utilization of sUAS has the potential to further reduce carbon emissions. Consistent with RETTEW's efforts for providing safe and reliable service to our clients, RETTEW seeks to use sUAS to more safely and effectively perform insp ections and surveys during various stages of projects. This includes but is not limited to:

 Monitor pipeline construction. Assistance in e nhanced documentation of trench installation.

 Survey of hazardous areas including:5 o Industrial facilities,

o Gas well pads, and

o Active gas compressor stations.

 Inspection and documentation of bridges, especially for structural deficiencies and deterioration.

 Rapid documentation of accident scenes (via safe ty group). Allow post-cleanup scene reconstruction for further analysis.



### III. RELEVANT STATUTORY AUTHORITY
A. SECTION 333 Section 333(a) states that the Administration “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by Section 332 of this Act or the guidance required by Sect ion 334 of this Act.” Section 333 is also described as a pathway for “expedited operational authorization.” 3 Section 333(b)(1) outlines the factors that the Admi nistration shall use to determine whether UAS may be operated safely in the national airspace system: size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight. In addition, and importantly for this Petition, Section 333(b)(2) provides the Administration wi th the discretion to determine that a certificate of waiver, certificate of authorization, or airworthiness certification is not required to operate UAS that are found to be appropriate under Section 333(b)(1). Fina lly, Section 333(c) allows the Administration to establish requirements for safe operation of the UAS dete rmined to be able to be operated safely in the national airspace system.

3 Section 332(b)(1).6 

### B. SECTION 44701(F) In addition to its specific authority related to authorizing UAS operation under Section 333, the Administration has general authority to grant exemptions from its safety requirements and minimum standards if the Administration finds that the exemption is in the public interest. 4 Administration regulations set forth the information that must be included in the petition for exemption: (1) the applicant’s name and mailing address; (2) the regulations from which the applic ant seeks exemption; (3) the extent of relief sought and why; (4) the reasons why granting the request would be in the public interest and how it would benefit the public as a whole; and (5) the reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at le ast equal to the rule from which the applicant seeks exemption. 5



### IV. DISCUSSION
A. APPLICANT’S PROPOSAL SATISFIES TH E SECTION 333 CRITERIA FOR APPROVAL. As described above, Section 333(b)(1) outlines the factors that the Administration shall use to determine whether UAS may be operated safely in the national airspace system: size, weight, speed, operational capability, proximity to airports and populated areas, a nd operation within visual line of sight. Applying the criteria outlined in Section 333(b)(1) and other relevant criteria to this case demonstrates that Applicant’s proposed terms and conditions of operation will result in the sUAS being operated safely in the national airspace system, consistent with Sect ion 333. Based on the small size of the sUASs involved, the low altitude and restricted environment in which they will operate, and the fact that they will be operated within the

4 49 U.S.C. § 44701(f).

5 14 C.F.R. § 11.81.7 visual line of sight of the operator and/or the visual ob server, there is more than sufficient basis to find that the sUAS can be operated safely under Applicant’s proposal.



### 1. CHARACTERISTICS OF THE AIRCRAFT Applicant proposes to use the SenseFly eXom, a sma ll, multi-rotor craft with a maximum take-off weight of 4.2 pounds (maximum takeoff weight), powered by el ectric batteries, and carrying no flammable fuel or
cargo. The eXom has an integrated GPS automatic pilot sy stem. The integrated GPS automatic pilot provides stable, precise flight (such as cruise control and dist ance lock), and stable hovering—enabling operators to focus on situational awareness and the safety of them selves and the public. The eXom has a rich array of advanced integrated sensors. These sensors work toge ther to provide the operator with full situational awareness and support obstacle avoidance. In addition, the structural components of the eXom were developed with flexible material absorbing potential shocks. Additional information regarding the safety features of the eXom can be found in Part IV (B)(1)(A) of this document. The above characteristics of the eXom make it ideally suited for surveying and aerial imaging of project sites. The eXom was designed to perform live inspec tions of buildings and other structures. It has the capability to seamlessly transition from video, still, or thermal imagery and deliver high-quality photo and video more efficiently and cost effectively than traditional methods. Using sUAS can also be safer for employees because it will avoid putting workers in a po tentially dangerous setting as with vacant sites and under-development sites. The use of sUAS would allow access and safe inspection or survey of densely vegetated, environmentally sensitive, or impassable ar eas that would otherwise be difficult for workers to perform their required tasks without the use of heavy machinery or other utility vehicles. Overall, sUAS can provide significant benefits over traditional survey and site inspection methods to employees and clients.8 

### 2. SAFETY SYSTEMS The eXom has numerous safety features. The eXom is pa rticularly safe as it was developed with flexible material absorbing potential shocks. The SenseFly R&D team developed a unique carbon-fiber shrouding protecting the propellers. In addition, SenseFly ha s included redundancy in the command and control system. In the event something occurs to the primary autopilo t feature, the eXom will switch automatically to the secondary autopilot. Other automated safety functions and safety enhancing features of the eXom include the following:



###  Integrated Sensors : Provide the operator full situational awareness and support obstacle avoidance.


### o Navcam vision sensors: Allow the operator to s ee in the direction the drone is moving via its flight control software, without needing to turn the system's Triple View camera head. This technology is unique in such a lightweight UA S, similar to the visual parking sensors in modern cars, but brought into a 3D flight environment.


### o Five ultrasonic proximity sensors: Work in harmony with eXom's Navcams to ensure theoperator always knows the drone's distance from nearby objects. The drone's shockabsorbent carbon fiber shrouding is also always on hand to protect its rotors in case of surface contact.


### o Other sensors: Includes inertial measuremen t units, barometers, magnetometers, GPS and magnetic encoders. Designed to maximize the drone's stability and safety.



###  Flight Modes : Different flight modes depending on the project


### o Semi-automatic: Waypoint navigation 

### o Interactive ScreenFly mode: Use the supplied joypad to navigate and orientate the drone via computer screen. Includes flight assistance featur es such as cruise control and distance lock.


### o RC-based manual control: Always available as a backup function. 

### B. APPLICANT’S PROPOSAL ALSO SATISFI ES THE STANDARD FOR EXEMPTION UNDER SECTION 44701 AND 14 C.F.R. § 11.81.
1. GRANTING APPLICANT’S REQUEST WOULD NOT ADVERSELY AFFECT SAFETY AND WOULD PROVIDE A LEVEL OF SAFETY AT LEAST EQUAL TO EXISTING RULES. Granting RETTEW’s Petition will not adversely affect safety. Applicant’s proposed terms and conditions of operation would provide a level of safety at least equal to existing rules. As discussed above with respect to Section 333(b)(1) criteria, the size, weight, speed, and operational capability of the sUAS that will be used in9 the proposed operations indicate that the aircraft can be operated safely in the national airspace system. In addition, RETTEW proposes the following conditions regard ing operational altitudes, proximity to airports or densely populated areas, and the requirements and qualif ications of the pilot(s) and visual observer(s) to ensure that the requested exemption would result in a level of safety at least equal to the rules from which RETTEW is seeking an exemption.


### A. PROXIMITY TO AIRPORTS/POPULATED AREAS Applicant will avoid operating the sUAS over densely populated or congested areas. Operations shall not be conducted within any National Park unless a special COA is applied for. Operations shall remain a minimum of the following distances from the airport reference point of any public use airport, heliport, gliderport, or seaport liste d in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart Supplement of the U.S. Government Flig ht Information Publications: five nautical miles away from any airport with a control tower, three nautical miles away from any airport with published instrument procedures but no control tower, two nautical miles away from any airport with no published instrument procedures and no control tower, and two nautical miles from any heliport. These guidelines shall be followed unless a letter of agreement with that airport's management is obtained. Any letter of agreement with airport management shall be made available upon request.



### B. VISUAL LINE OF SIGHT A FAA licensed pilot will operate the sUAS during daylight hours, in good weather, and within the pilot-incommand's (PIC's) and/or visual observer's line of sight. The PIC will be accompanied by at least one trained spotter, who will be positioned in line of sight of the ai rcraft and will be in constant communication with the10 PIC to identify and alert the operator to any potential obstacles. This eliminates the need for other “sense and avoid” capabilities during operation, as well as the need for any method of air traffic control communications. 6



### C. MANDATORY OPERATING CONDITIONS Grant of the exemption to RETTEW for the use of th e eXom will be subject to the following operating conditions, most are based on the operating conditions set forth by the Academy of Model Aeronautics (AMA) safety code. The main restrictions are summarized below.

 Operations will avoid densely populated or congested areas.

 Operations will be conducted over property that is owned or controlled by RETTEW or is owned or controlled by clients utilizing RETTEW's services , where the owner has given written or verbal permission for the use of UASs, or in utility or public rights-of-way where approved.

 Yield the right of way to all manned aircraft.

 See and avoid all aircraft and obstacles; a visual observer will be used.

 Operations shall not interfere with operations a nd traffic patterns at any airport, heliport, or seaplane base except where there is a mixed use agreement.

 Operations will be limited to Visual Flight Ru les Meteorological Conditions (VMC) and daylight hours.

 Aircraft to remain within Visual Line of Sight (V LOS) and will be visually monitored at all times.

 Flight ceiling programmed prior to all operat ions and shall not ex ceed 400 feet AGL.

 Prior to all operations, a distance (D) NOTAM shall be requested. All essential operation information shall be provided at this time, including the operation's maximum altitude.

 All operations shall remain more than the following distances of any public use airport, heliport, gliderport, or seaport listed in the Airport/Facilities Directory, Alaska Supplement, or Pacific Chart Supplement of the U.S. Governme nt Flight Information Publications:
o Five nautical miles from an airport with a control tower,

6 See Interim Operational Approval Guidance 08-01, Unmanned Aircraft Systems Operations in the U.S. National Airspace System at 4 (Mar. 13, 2008).11 o Three nautical miles from an airport with no control tower but published instrument flight procedures,
o Two nautical miles from an airport with not control tower and no published instrument flight procedures, and
o Two nautical miles from a heliport Unless a letter of agreement with that airport's management is obtained. Any letter of agreement with airport management shall be made available upon request.

 All operations shall comply with required permissions and permits established by other appropriate governmental agencies. Before a property is flown, RETTEW or the client utilizing RETTEW’s services shall request permission from each owner of property under the flight path. With the geo-fence incorporated within the software, RETTEW will avoid flying over structures and property that are not essential to the mission as much as reasonably possible. The flight ceiling shall pre pre-pr ogrammed at no greater than 400 feet AGL so as to ensure the aircraft will not fly over the height specified by the AMA. By staying below this level, the eXom should not interfere with manned aircraft operations.



### D. OPERATOR TRAINING AND CERTIFICATION As discussed above, the eXom is characterized by a high degree of control and built-in technical capabilities that limit the potential for operation outsid e the operating conditions set forth in this Petition. Moreover, the mandatory operating conditions (maximum alti tude, proximity to airfields, visual line of sight) minimize any potential weather impact and interactions with other aircraft. Situational awareness around high-voltage and construction equipment, a thorough working knowledge of the eXom, and strict adherence to corporate sUAS fl ight policy are key to safe sUAS operations. Given the significant differences between sUAS and manned aircraft, the safety features inherent in the eXom, and the strict operating conditions that will apply, RETEW proposes that, in addition to hold ing at least a sport level pilot license, operators of the sUAS shall also be required to have:12  Proven knowledge of RETTEW's UAS flight po licy (including Mandatory Operating Conditions specified in this Petition, conditions specified in an approved exemption, conditions specified in an issued COA, etc.);

 Proven working knowledge of safe sUAS operatio ns, flight characteristics, safety features, GPS/Battery Status indicators, and emergency procedures;

 Knowledge regarding safe operations around high voltage power lines, construction equipment, and construction equipment;

 A valid driver’s license;

 Passed the SenseFly training program; and Operators shall perform the required maintenance per the manufacturer's recommendations and keep a log of any maintenance performed. Operators will also perform any safety check(s) specified in the manufacturer's user guide prior to each flight. In a ddition, operators and visual observers shall be in communication at all times. Applicant is receptive to future regulations and industr y guidance on licensing sUAS pilots using training and testing that is relevant to oper ating sUAS in a limited flight area.



### E. PRIVACY CONSIDERATIONS Applicant will not operate sUAS in any way that may invade personal privacy and will comply with any federal, state, or local privacy laws that may apply in areas where RETTEW operates sUAS. In addition, as a practical matter, flights will occur over property/struc tures that are owned or controlled by RETTEW or are owned or controlled by clients utilizing RETTEW's services, where written or verbal permission from the owner(s) has been given, or in utility or public rights-of- way. Privacy is unlikely to be a concern in relation to Applicant’s proposed use. All operations will be conducted at least 250 feet from all nonparticipat ing persons, vessels, vehicles, and structures unless: A barrier or structure is present that will sufficien tly protect any nonparticipants in the event of an accident; or13 A safety line(s) and spectator areas are established, similar to AMA Document #706 in accordance with the AMA Safety Code B.6, UAV shall not be flown outdoor s closer than 25 feet to any individual, except for the pilot and any pilot's helper(s) located at the flight line. If any nonparticipants leave such protected or design ated areas and are located within 250 feet of the operation area, all UAS operations shall cease immediately in order to ensure the safety of the nonparticipating person(s). RETTEW proposed to establish safety lines (option 2) in areas where nonparticipants can reasonably be expected (i.e. parking lots, sidewalks, etc.) and watch for unexpected nonparticipants in other areas (i.e. rural pipelines, well pads, etc). In the event the UAS will need to be flown closer than 250 feet to any vessel, vehicle, or structure permission shall be obtained prior to the commencement of operations. Permission shall also be obtained prior to any operations that will be conducted over property, structures, etc. that are not owned or controlled by RETTEW or by clients utilizing RETTEW's services. With the integrated safety features and redundancy of the auto-pilot system of the SenseFly eXom, the light weight and structural components of the sUAS , along with the rigorous training and qualification required by RETTEW to operate the sUAS, RETTEW believe s that 250 feet from any persons, property, or structures is a more than adequate distance to keep the public and private property safe during operations involving the sUAS.



### 2. GRANTING APPLICANT’S REQUEST WOULD BE IN THE PUBLIC INTEREST AND WOULD BENEFIT THE PUBLIC AS A WHOLE. Allowing the requested use will provide significant benefits to the public, RETTEW clients, and RETTEW employees. Using sUAS for surveying and to inspect project sites can be safer and more efficient than traditional methods. The increased safety and efficiency of using sUAS to survey and inspect project sites is14 especially important to RETTEW, which not only serves clients in Pennsylvania but also throughout the U.S. where projects can range from closed construction sites to surveying bridges and roads. A survey and inspection process that is safer and more efficient can help to lower operation costs and more quickly resolve problems, both of which will benefit customers. Moreover, the requested use presents a compelling ca se for the Administration moving forward with efforts to integrate sUAS into the national airspace system as required by Section 333. RETTEW has proposed using sUAS to further this public interest in a way that is at least as safe as operatio n of aircraft under existing regulations. Applicant’s request, therefore, provides the Administration an appropriate vehicle to further Congress’ mandate to expedite integration of UAS. In addition, Applicant’s operational experience resulting from the use of sUAS in utility operations may be valuable to the Administration in developing comprehensive rules governing sUAS for others in the engineering industry.



### C. DESCRIPTION OF RELIEF SOUGHT AND REGULATIONS FROM WHICH EXEMPTION IS REQUESTED Based on the foregoing, Applicant’s proposal satisf ies the criteria for approval under Section 333. In addition, Applicant’s proposal meets the requirement s and policies for exemptions from Administration regulations. RETTEW therefore respectfully requests th at the Administration grant exemptions from the regulations set forth in Appendix A to this Petition. 7

7 Applicant has attempted to identify the app licable regulations for which an exemption is required for the proposed use. To the extent that the Administration determines that any othe r safety regulations might apply to Applic ant’s proposed use, Applicant further requ ests that this Petition be deemed to seek an exemption from those requirements.15 

### V. CONCLUSION For the reasons discussed above, RETTEW satisfies the relevant criteria for approval under Section 333 and exemptions from referenced regulations pursuant to Section 44701(f). Accordingly, RETTEW respectfully requests that the Administration grant the relief requested in this Petition to allow the use of sUAS for the purposes and under the conditions set forth herein. Gran ting this Petition will not only further Congress’ instruction to expedite the safe integration of UAS into the national airspace system, but will also further the significant public interest for safe and efficient survey of projects and site inspection. RETTEW has proposed to utilize the eXom in their operations in a safe manner in accordance with AMA guidelines, who has a deep and well-known experience in terms of safe integration of remote controlled aircrafts in the National airspace (NAS) for low-altitude operations, provides here adequate justification for the granting of the requested exemption to allow sa fe commercial operations of the eXom in the NAS. RETTEW offers in this petition for Exemption a pragmati c approach to allow the efficient operation of ultralight UAS pursuant to FAA, AMA, and Sens eFly safety requirements and conditions.



### November 24, 2015 Respec tfully submitted,

_____________________________ Clyde J. Pittman Director of Engineering Federal Airways & Airspace 1423 S. Patrick Dr. Satellite Beach, FL 32937 Phone: (321) 777-1266Appendix A to Applicant’s Petition for Exemption Page 1 

### APPENDIX A: REGULATIONS FROM WHICH EXEMPTION IS REQUESTED Applicant has attempted to identify the applicable re gulations for which an exemption is required for the proposed use. To the extent that the Administration determines that any other safety regulations might apply to Applicant’s proposed use, RETTEW further requ ests that this Petition be deemed to seek an exemption from those requirements.



### 1. 14 C.F.R. PART 21: AIRWORTHINESS CERTIFICATION Part 21 establishes procedural requirements fo r certifications under Section 44704, including airworthiness certificates. Both Sections 333 and 44701(b) authorize the Administration to exempt aircraft from airworthiness certification under this Part based upon consideration of its size, weight, speed, operational capability, an d proximity to airports and populated areas. S ee Section 333. An analysis of these criteria demons trates that the 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 aircraft operating with an airworthine ss certificate without the restrictions and conditions proposed. The SenseFly eXom is 15 pounds or less, carry no pilo t or passengers, and carry no explosive materials or flammable liquid fuels. Operations under this exempt ion will be tightly controlled and monitored by the operator and spotter. These safety enhancements prov ide at least the same degree of safety to the public and property owners than conventional operat ions conducted with airworthiness certificates.



### 2. 14 C.F.R. PART 27: AIRWORTHINESS STANDARDS FOR NORMAL CATEGORY ROTORCRAFT Part 27 sets forth the procedural requirements fo r airworthiness certification of normal category rotorcraft. To the extent the sUAS would otherwise re quire certification under Part 27, as a rotorcraft, RETTEW requests an exemption from Part 27’s airworthin ess standards for the same reasons identified above with respect to Part 21 requirements.Appendix A to Applicant’s Petition for Exemption Page 2 

### 3. 14 C.F.R. § 45.23(B): MARKING REQUIREMENTS Section 45.23(b) requires that on limited, restricted, or light-sport category aircraft, or experimental or provisionally certificated aircraft, markings indicating the aircraft category must be displayed in letters not less than two inches nor more than six inches high “near each entrance to the cabin, cockpit, or pilot station.” Exemption from 14 C.F.R. § 45.23(b) is warranted because the aircraft has no entrance to the cabin, cockpit, or pilot station on which the required marking can be displayed. RETTEW requests an exemption to 14 C.F.R. § 45.23(b)’s marking requirements and proposes instead to display markings to the fullest extent possible in compliance with the location requirements of 14 C.F.R. § 45.27(a) and the size requirements of 14 C.F.R. § 45.29(f).



### 4. 14 C.F.R § 61.23: MEDICAL CERT IFICATES: REQUIREMENT AND DURATION Section 61.23(a) requires that a person: (1) must hold a first-class medical certificate:

 When exercising the pilot-in-command privileges of an airline transport pilot certificate;

 When exercising the second-in-command privileges of an airline transport pilot certificate in a flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or

 When serving as a required pilot flight crew me mber in an operation conducted under part 121 of this chapter if the pilot has reached his or her 60th birthday. (2) Must hold at least a second class medical certificate when exercising:

 Second-in-command privileges of an airline transpor t pilot certificate in part 121 of this chapter (other than operations specified in pa ragraph (a)(1)(ii) of this section); or

 Privileges of a commercial pilot certificateAppendix A to Applicant’s Petition for Exemption Page 3 Given the size of the eXom, the structure, the limited flight area, as well as the safety features inherent to the autopilot, RETTEW believes that an equivalent leve l of safety can be reached by requiring the operator to have a valid driver's license.


### 4. 14 C.F.R. § 91.7(A): CIVIL AIRCRAFT WORTHINESS Section 91.7(a) requires that no person may operate a ci vil aircraft unless it is in airworthy condition. If the Administration 

### grants Applicant’s request for exemption allowi ng the commercial operation of the eXom without an airworthiness certificate, no Administration regulatory standard will exist for airworthiness of the eXom. RETTEW will, however, maintain the sUASs as directed by the manufacturers and conduct any recommended safety checks prior to each flight in order to retain an equivalent level of safety.


### 5. 14 C.F.R. § 91.9(B)(2): CIVIL AIRCRAFT FLIGHT MANUAL IN THE AIRCRAFT Section 91.9(b)(2) prohibits a person from operating a ci vil aircraft “[f]or which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapte r, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, appr oved manual material, markings, and placards, or any combination thereof.” Given the size and configuration of the eXom, it is not possible to carry such a flight manual on the aircraft. The equivalent level of safety will be achi eved by keeping the flight manual (specifically, the manufacturer’s user guide) at the ground control point where the operator will have immediate access to it.


### 6. 14 C.F.R. § 91.103: PREFLIGHT ACTION Section 91.103 requires a pilot in command to become familiar with specific information before each flight, including information contained in the Administra tion-approved Flight Manual on board the aircraft. As no Administration-approved Flight Manual will be provided, RETTEW requests an exemption from this requirement. The operator would, however, become familiar with the manufacturer’s user guide.Appendix A to Applicant’s Petition for Exemption Page 4 

### 7. 14 C.F.R. §§ 91.109, 91.319(A)(1): FLIGHT INSTRUCTION These regulations provide 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. The sUASs RETTEW will use are remotely-piloted aircra ft and designed without fully functioning dual controls. Flight control is accomplis hed through the use of a control box that communicates with the aircraft via radio communications. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, by the size a nd speed of the aircraft, and the safety features of the aircraft that limit the potential for operation outside the operating conditions set forth in this Petition. In addition, through a rigorous training program required by RETTEW, initial training will be accomplished by the use of simulation mode of the flight mana gement software eMotion provided by SenseFly.



### 8. 14 C.F.R. § 91.119: MINIMUM SAFE ALTITUDES Section 91.119(c) prescribes the minimum safe altitu des under which aircraft may not operate, including 500 feet above the surface and away from any person, ve ssel, vehicle, or structure in non-congested areas. Since the eXom will be operating at a maximum heig ht of 400 feet AGL, RETTEW cannot comply with the requirements of section 91.119. Section 91.119(d)(1) allo ws for a helicopter to operate at less than those minimum altitudes under certain conditions. To maintain an equivalent level of safety, the eXom shall only fly over property:

 That is owned or controlled by RETTEW or by clients utilizing RETTEW's services,

 That RETTEW or a client utilizing RETTEW’s servic es has obtained verbal or written permission from the owner(s), or

 Within public or utility rights-of-way. Prior to every flight, the operator shall define a work ing area radius and flight area ceiling that prevents the eXom from going beyond the flight area. Any landow ners and other persons that may be present on theAppendix A to Applicant’s Petition for Exemption Page 5 ground within the flight area shall be briefed on the expected route of the flight and associated risks to people and property on the ground. Due to the small size of the eXom, the structural ma terial, lack of flammable fuel, and inherent safety features, the hazards to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption. More over, the aircraft will not be operated over congested areas or over any open-air assembly of persons.


### 9. 14 C.F.R. § 91.121: ALTIMETER SETTINGS Section 121 requires each person operating an aircraft to maintain cruising altitude or flight level of that aircraft, by reference to an altimeter that is set when operating: (1) Below 18,000 feet MSL, to--
i. The current reported altimeter setting of a statio n along the route and within 100 nautical miles of the aircraft,
ii. If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station, or
iii. In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. The eXom autopilot calculates the reference altitude (ground level).


### 10. 14 C.F.R. § 91.151(A): FUEL REQUIREM ENTS FOR FLIGHT IN VFR CONDITIONS Section 91.151(a) prohibits an individual from beginni ng “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly af ter that for at least 45 minutes.”Appendix A to Applicant’s Petition for Exemption Page 6 As the eXom is electrically powered, this requirement is not applicable. In addition, given the areas of operation and the operational requirements set forth by the Applicant, RETTEW believe that an equivalent level of safety is already achieved with the specific procedure preventing the eXom to accept a take-off order if the battery level is below a given value. Moreover, the eXom has integrated batt ery level warnings as well as a return to home function in these situations. Applicant proposes that limiting op erations to 60 minutes or 25% of battery power, whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.


### 11. 14 C.F.R. § 91.203(A) AND (B): CARRYING CIVIL AIRCRAFT CERTIFICATION AND REGISTRATION Section 91.203 requires a civil aircraft to have:

 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 authorizat ion issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. As discussed above with respect to Section 91.9(b)(2) requiring the aircraft to carry a flight manual, the physical characteristics of the eXom are such that there is no ability or place to carry registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping registration documents at the ground control point where the PIC will have immediate access to them. Moreover, the requirement to carry airworthiness certificate will not apply to RETTEW if the Administration grants Applicant’s request for an exemption from this requirement, as requested above.Appendix A to Applicant’s Petition for Exemption Page 7 

### 12. 14 C.F.R. §§ 91.405(A); 91.407(A)(1); 91.409(A)(2); 91.417(A) AND (B): MAINTENANCE INSPECTIONS These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. Specifically, 14 C.F.R. § 91.405(a) stat es that the owner or operator of an aircraft shall have the aircraft inspected as prescribed in the rules and have discrepanc ies repaired as prescribed in part 43; 14 C.F.R. §§ 407(a)(1) and 409(a)(2) requires that an aircraft be appr oved for return to service by a person authorized under 14 C.F.R. Section 43.7 after it has undergone ma intenance or receives an annual inspection; and 14 C.F.R. § 417 requires an owner or operator of an aircraft to maintain specific types of maintenance records, including signatures of the person authorized to approve the aircraft’s return to service. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Applicant’s operation of the eXom. Maintenance will be accomplished by the operator or designated maintenance crew, pursuant to the manufacturer specifications. An equivalent level of safety to existing regulations will be achieved beca use the eXom is very limited in size, operate only in restricted areas for limited periods of time, and carry no flammable fuel. If mechanical issues arise, the sUAS can land immediately and will be operating from no high er than 400 feet AGL. As described above, the PIC will ensure that the eXom is in working order prior to initiating flight, perform a preflight safety checklist, perform required maintenance, and keep a log of any ma intenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.


### 13. 14 C.F.R. § 91.1501: CONTINUED AIRWORTHINESS Section 91.1501(a) “requires operators to support the continued airworthiness of each airplane.” RETTEW requests an exemption from this regulation beca use the sUAS will not be subject to an airworthiness certificate. RETTEW will however, maintain th e eXom per the manufacturer's instructions.Appendix A to Applicant’s Petition for Exemption Page 8 

### 14. ADDITIONAL EXEMPTION REQUESTS The FAA's current guidance on Section 333 Exemptio n requests requires the use of airline, transport, commercial, private, recreational, or sport pilot cert ification to be in command of the aircraft during UAS operations. RETTEW requests an exemption from rules/ regulations contained within 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), and 61.315(a) that sp ecifically address limitations of private, recreation, and sport pilot certification that would not allow pe rsons holding these certifications to commercially operate UAS's.Appendix B to Applicant’s Petition for Exemption Page 1 

### APPENDIX B: SUMMARY SUITABLE FOR PUBLICATION IN THE FEDERAL REGISTER Applicant petitions the Federal Aviation Administration for relief from compliance with 14 C.F.R. Part 21;14 C.F.R. Part 27; 14 C.F.R. §§ 45.23(b); 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.7(a); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91 .151(a); 91.203(a) and (b); 91.319(a)(1); 91.405(a); 91.407(a)(1); 91.409 (a)(2); 91.417 (a) and (b); 91.1501 for purposes of operating the small unmanned aircraft, SenseFly eXom, which is less than 15 pounds, on property that is owned or controlled by RETTEW or if written or verbal permission has been obtained from the owner(s), or in utility or public right-of-way to inspect energy and civil infrastructure. RETTEW proposes that its operation be subject to the operating conditions and safety standards set forth in the petition in lieu of the above-referenced regulations in order to provide a level of safety equivalent to those regulations.