FAA sUAS Exemption Request

dimensiondrones.com

January 25,	2016

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January 25, 2016

U.S. Department of Transportation

Docket Management Systems

1200 New Jersey Ave., SE

Washington, DE 20590

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

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

14 C.F.R. Part 11, Dimension Drones, LLC, operator of Small Unmanned Aircraft Systems (“sUAS”),

equipped to conduct aerial photogrammetry to perform asset audits and safety inspections for wireless 

carriers and utility towers, hereby applies for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operation of its sUAS, so long as such operations are conducted within and 

under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe

telecommunications / infrastructure industries. Approval of this exemption would thereby enhance safety 

and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish 

requirements for the safe operation of such aircraft systems in the national airspace system.” Section 

333(c) of the Reform Act.

The names and address of the applicant is:

Dimension Drones, LLC

Attn: Richard Charney

Ph: 412.841.2702

Email: richard@dimensiondrones.com

Address: 5792 Walterway Dr. Hilliard OH, 43026
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• The conditions proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3, 

Chapter 8-Issue a Certificate of Waiver for Motion Picture and Television Filming.

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion 

of the rulemaking required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the 

public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to Airports, Power Plants, Fuel Depots and populated 

areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, 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.” Id. §333(c).

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

statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of 

the Act, which includes sUAS, from the requirement that all civil aircraft must have a current airworthiness 

certificate.

• Applicant interprets this provision to place the duty on the Administrator to not only process 

applications for exemptions under section 333, but for the Administrator to craft conditions for the 

safe operation of the UAS, if it should be determined that the conditions set forth herein do note 

fulfill the statutory requirement for approval.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the 

exemption in the public interest. 49. U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 

CFR §91.203 (a) (1).

Dimension Drones LLC’s sUAS are multi rotor craft, weighting 55 or fewer lbs. including payload. They 

operate, under normal conditions, at a speed of no more than 50 mph and have the capability to hover, 

and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight and 

will operate only within the sterile area described in the Dimension Drones General Operating Manual, 

(hereinafter “GOM”). Such operations will insure that the 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 environment within which they 

will operate, the applicant falls squarely within that 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.

Due to the size of the UASs and the restricted areas in which the relevant 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, including enhanced 
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safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs 

for photogrammetry of wireless and utility assets, the grant of the requested exemptions is in the public 

interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption 

without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations and conditions to 

which Dimension Drones, LLC agrees to be bound when conducting commercial operations under an 

FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated 

at 25% battery power reserve should that occur prior to the 30-minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet 

above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and Camera 

Rig Operator.

6. sUAS pilot will operate under the guidance and oversight of an FAA licensed airman with at least 

a private pilot’s certificate and third class medical.

7. sUAS Pilot will be the Pilot in Command (PIC). If a pilot certificate holder other than the sUAS 

Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the Aerial 

Coordinator), that person can also be designated as PIC.

8. The UAS will only operate within a confined “Area of Operation” as defined in the GOM.

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

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

the boundaries of the area of operations be present for this briefing.

10. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light of the requested 

exemption, with the appropriate Flight Standards District Office (FSDO.)

11. The operator will obtain the consent of all persons involved in the inspection and ensure that only 

consenting persons will be allowed within 100 feet of the flight operation. With the advanced 

permission of the relevant FSDO, operations at closer range can be approved.

12. The operator will submit a written Plan of Activities to the FSDO three days before the proposed 

inspection as required in the GOM.

13. All Dimension Drones crew will have been trained in operation of UAS generally and received upto-date information on the particular UAS to be operated as required in the GOM.

14. Observer and pilot will at all times be able to communicate by voice.

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

16. 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.

17. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return 

to a pre-determined location within the Security Perimeter and land.

18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

The Dimension Drones GOM is a comprehensive outline of all flight operations and procedures, including 

proprietary technology procedures, that Dimension Drones, LLC does not wish to disclose to the general 
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public. A sample Aircraft Operating Manual is provided and covers the FreeFly ALTA aircraft. Other 

AOM's are in similar format and available upon request.

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited 

operating area associated with the aircraft to be utilized by the Applicant, 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 to 

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, power plants, 

fuel depots and populated areas of the particular UAS. In all cases, an analysis of these criteria 

demonstrates that the UAS 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 (fixed 

wing or rotorcraft) operating with and airworthiness certificate without the restrictions and conditions 

proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a 

secured area as set out in the General Operating Manual. Unlike other civil aircraft, operations under this 

exemption will be tightly controlled and monitored by all the operators, pursuant to the Manual’s 

requirements, and under the requirements and in compliance with local public safety requirements, to 

provide security for the area of operation as is now done with conventional photogrammetry. The FAA will 

have advance notice of all operations. These safety enhancements, which already apply to civil aircraft 

operated in connection with motion picture and television production, provide a greater degree of safety to 

the public and property owners than conventional operations conducted with airworthiness certificates 

issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that 

there is no credible threat to national security posed by the UAS, 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. § 45.23 (b). Marking of the Aircraft

The regulation requires:

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.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the 

UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be 

placed. Given the size of the sUAV, two-inch lettering will be impossible. The word “Experimental” will be 

placed on the fuselage in compliance with §45.29 (f). 
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The equivalent level of safety will be provided by having the sUAV marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the 

identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

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

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS will 

not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of 

current operations by requiring the PIC operating the aircraft to operate under the supervision of a private 

pilot’s license holder rather than a commercial pilot’s license holder. Unlike a conventional aircraft that 

carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area 

of operation is controlled and restricted, and all flights are planned and coordinated in advance as set 

forth in the GOM. The level of safety provided by the requirements included in the GOM exceed that 

provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. 

The risks associated with the operation of the sUAS are so diminished from the level of risk associated 

with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS 

as requested with a private pilot in a supervisory role aiding the PIC exceeds the present level of safety 

achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be 

granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft 

and the requirements contained in the GOM for maintenance and use of safety check lists prior to each 

flight, an equivalent level of safety will be provided.

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

Section 91.9 (b) (2) provides:

No person may operate a U.S. registered civil aircraft ... 

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.

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on 

the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry

such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the 

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

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

14 C.F.R. § 91.103: Preflight Action.
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This regulation requires each pilot in command to take certain actions before flight to insure the 

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

exemption will be needed. An equivalent level of safety will be provided as set forth in the Aircraft 

Operating Manual (AOM) for each UAS. The PIC will take all actions as described in the GOM and AOM.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 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.

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

Flight control is accomplished through the use of a control box that communicates with the aircraft via 

radio communications. 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. The equivalent level of safety is provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft.

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is 

for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400ft

Above Ground Level (AGL) or not more than 200 above an elevated platform from which the inspection is 

planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited 

conditions stated in the General Operating Manual, the UAS will never operate at higher than 400 AGL.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as 

the location where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because of the advance notice to the property owner and participants in the surveying

activity, all affected individuals will be aware of the planned flight operations as set forth in the GOM. 

Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55lbs. 

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

those presently presented with conventional aircraft operating at or below 500 AGL.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires 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.” As the sUAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the General Operating Manual and Safety Check list, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight.

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first 
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point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at 

least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

Dimension Drones requests relief from Section 91.151 due to the battery life that powers the 

sUAS. Typical aerial batteries provide approximately 40 minutes of powered flight. To meet the 30-

minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 

minutes in length. In relief of the 30-minute reserve, given the limitations on the UAS’s proposed area of 

predetermined operation, a longer time frame for flight might be reasonable. As per the General 

Operating Manual, flight times will never exceed 75% of the battery(s) consumption or 25% reserve; 

whichever happens first.

The Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance 

with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and 

property owners or official representatives who have signed waivers will be allowed, with less than 30 

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 small UAS. Additionally, limiting sUAS flights to 10 minutes 

would greatly reduce the utility for which the exemption will be granted.

The Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 

minutes or 25% of reserve 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.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808.

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

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:

1. An appropriate and current airworthiness certificate.

2. No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weights no more than 55lbs and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display them on the 

sUAS. Each sUAS operated by Dimension Drones will be registered with the FAA and all documentation 

carried by the PIC.

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

point where the pilot flying the sUAS will have immediate access to them, to the extent they are 

applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative 

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

10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.
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FAA sUAS Exemption Request

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the 

guidelines set forth in the Maintenance manuals designed for each UAS. An equivalent level of safety 

will be achieved because these small UASs are very limited in size and will carry a small payload and 

operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL. As provided in the GOM, the 

operator will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance 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.

*********

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

Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113(a) & (b);91.7 (a); 91.9 (b) 

(2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) 

(2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) 

to survey wireless and utility towers or assets.

Approval of exemptions allowing commercial operations of sUAS in the wireless and utility

industries will enhance safety by reducing risk. Conventional survey operations, using jet or piston power 

aircraft, operate at extremely low altitudes just feet from the asset being filmed and in extreme proximity 

to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 

4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters, e.g.). In contrast, a 

sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the 

reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the inspection site

and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested 

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

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

environment and, as a result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior 

consent and knowledge. Typically, the tower being inspected sits on ground space that is either owned by 

the infrastructure company itself or leased to the infrastructure company via a third party. If the ladder 
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is true, consent from both the lessor and the infrastructure company will be acquired before performing 

the aerial inspection.

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

speed, operating capabilities, proximity to airports and populated areas and operation within visual line of 

sight and national security – provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant’s UAS pursuant to the Manual appended hereto.

Thank you,

Richard A. Charney

Dimension Drones, LLC

CEO & Founder

412.841.2702