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) 777-1266
1 

I. SUMMARY OF PETITION 

Pursuant to Section 333 of the FAA Modernization 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 this Petition for Exemption (“Petition”) to conduct 

aerial surveys and site inspection throughout the United States. RETTEW also requests 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 hard-to-access or environmentally sensitive areas without 

the use of ATVs, light-duty trucks and associated equipment that may have more impact than sUAS. sUAS can 

also allow greater access to densely vegetated or impassable 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 weather. 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 Petition, 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; 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.
2 

allow for the reduction of the risk of injury by eliminating 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, environmental, 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 supported offices in five states. RETTEW’s request 

provides the Administration with an opportunity to partner with an engineering firm ranked by Engineering 

News-Record as one of the top design firms in the United 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 uniqueness of Applicant—the company offers its services 

over a diverse geographical, environmental, and a distinctive 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 features. 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 satisfy 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. Approval 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 Transportation determines that certain unmanned aircraft 

systems may operate safely in the national airspace system.2

 

 

2 Section 333(c) of the FAA Modernization 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 environment, be it on a job site or in an office. All safety 

measures taken are required to perform the work requested 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 committed to minimizing environmental impacts. Focusing 

on resource conservation and sustainable design projects, RETTEW is committed to everyday business 

practices being as environmentally responsible as possible. 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 inspections and surveys during various stages of projects. 

This includes but is not limited to: 

 Monitor pipeline construction. Assistance in enhanced 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 safety 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 Section 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 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, and operation within visual line of sight. In addition, and importantly for this 

Petition, Section 333(b)(2) provides the Administration with 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). Finally, Section 333(c) allows the Administration to 

establish requirements for safe operation of the UAS determined 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 applicant 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 least equal to the rule from which the applicant seeks 

exemption.5

IV. DISCUSSION 

A. APPLICANT’S PROPOSAL SATISFIES THE 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, and 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 Section 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 observer, 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 small, multi-rotor craft with a maximum take-off weight 

of 4.2 pounds (maximum takeoff weight), powered by electric batteries, and carrying no flammable fuel or 

cargo. The eXom has an integrated GPS automatic pilot system. The integrated GPS automatic pilot provides 

stable, precise flight (such as cruise control and distance lock), and stable hovering—enabling operators to 

focus on situational awareness and the safety of themselves and the public. The eXom has a rich array of 

advanced integrated sensors. These sensors work together 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 inspections 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 potentially 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 areas 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 particularly 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 has included redundancy in the command and control system. 

In the event something occurs to the primary autopilot 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 see 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 UAS, 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 the 

operator 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 measurement 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 features such as cruise control and distance lock. 

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

B. APPLICANT’S PROPOSAL ALSO SATISFIES 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 in 
9 

the proposed operations indicate that the aircraft can be operated safely in the national airspace system. In 

addition, RETTEW proposes the following conditions regarding operational altitudes, proximity to airports or 

densely populated areas, and the requirements and qualifications 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 listed in the Airport/Facility Directory, Alaska Supplement, 

or Pacific Chart Supplement of the U.S. Government Flight 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 aircraft and will be in constant communication with the 
10 

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 the 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 and traffic patterns at any airport, heliport, or 

seaplane base except where there is a mixed use agreement. 

 Operations will be limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight 

hours. 

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

 Flight ceiling programmed prior to all operations and shall not exceed 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. Government 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-programmed 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 outside the operating conditions set forth in this Petition. 

Moreover, the mandatory operating conditions (maximum altitude, 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 flight 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 holding 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 policy (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 operations, 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 addition, operators and visual observers shall be in 

communication at all times. 

Applicant is receptive to future regulations and industry guidance on licensing sUAS pilots using training 

and testing that is relevant to operating 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/structures 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 nonparticipating persons, vessels, vehicles, and 

structures unless: 

A barrier or structure is present that will sufficiently protect any nonparticipants in the event of an 

accident; or 
13 

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 outdoors 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 designated 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 believes 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 is 
14 

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 case 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 operation 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 satisfies the criteria for approval under Section 333. In 

addition, Applicant’s proposal meets the requirements and policies for exemptions from Administration 

regulations. RETTEW therefore respectfully requests that the Administration grant exemptions from the 

regulations set forth in Appendix A to this Petition.7

 

7 Applicant has attempted to identify the applicable regulations 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, Applicant further requests 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. Granting 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 safe commercial operations of the eXom in the NAS. 

RETTEW offers in this petition for Exemption a pragmatic approach to allow the efficient operation of ultralight UAS pursuant to FAA, AMA, and SenseFly safety requirements and conditions. 

November 24, 2015 Respectfully submitted, 

_____________________________ 

Clyde J. Pittman 

Director of Engineering 

Federal Airways & Airspace 

1423 S. Patrick Dr. 

Satellite Beach, FL 32937 

Phone: (321) 777-1266 
Appendix A to Applicant’s Petition for Exemption Page 1 

APPENDIX A: REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 

Applicant has attempted to identify the applicable regulations 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 requests 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 for 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, and proximity to airports and populated areas. See Section 333. 

An analysis of these criteria demonstrates 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 airworthiness certificate without the restrictions and conditions 

proposed. 

The SenseFly eXom is 15 pounds or less, carry no pilot or passengers, and carry no explosive materials or 

flammable liquid fuels. Operations under this exemption will be tightly controlled and monitored by the 

operator and spotter. These safety enhancements provide at least the same degree of safety to the public 

and property owners than conventional operations conducted with airworthiness certificates. 

2. 14 C.F.R. PART 27: AIRWORTHINESS STANDARDS FOR NORMAL CATEGORY 

ROTORCRAFT 

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

rotorcraft. To the extent the sUAS would otherwise require certification under Part 27, as a rotorcraft, 

RETTEW requests an exemption from Part 27’s airworthiness 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 CERTIFICATES: 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 member 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 transport pilot certificate in part 121 of this chapter 

(other than operations specified in paragraph (a)(1)(ii) of this section); or 

 Privileges of a commercial pilot certificate 
Appendix 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 level 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 civil aircraft unless it is in airworthy condition. If 

the Administration grants Applicant’s request for exemption allowing 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 civil aircraft “[f]or which an Airplane or Rotorcraft 

Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current 

approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof.” 

Given 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 achieved 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 Administration-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 aircraft and designed without fully functioning dual 

controls. Flight control is accomplished 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 and 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 management software eMotion provided by SenseFly. 

8. 14 C.F.R. § 91.119: MINIMUM SAFE ALTITUDES 

Section 91.119(c) prescribes the minimum safe altitudes under which aircraft may not operate, including 

500 feet above the surface and away from any person, vessel, vehicle, or structure in non-congested areas. 

Since the eXom will be operating at a maximum height of 400 feet AGL, RETTEW cannot comply with the 

requirements of section 91.119. Section 91.119(d)(1) allows 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 services 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 working area radius and flight area ceiling that prevents 

the eXom from going beyond the flight area. Any landowners and other persons that may be present on the 
Appendix 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 material, 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. Moreover, 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 station 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 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 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.” 
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 battery level warnings as well 

as a return to home function in these situations. 

Applicant proposes that limiting operations 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 authorization 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) states that the owner or operator of an aircraft shall have the aircraft 

inspected as prescribed in the rules and have discrepancies repaired as prescribed in part 43; 14 C.F.R. §§ 

407(a)(1) and 409(a)(2) requires that an aircraft be approved for return to service by a person authorized 

under 14 C.F.R. Section 43.7 after it has undergone maintenance 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 because 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 higher 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 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. 

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 because the sUAS will not be subject to an airworthiness 

certificate. RETTEW will however, maintain the 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 Exemption requests requires the use of airline, transport, 

commercial, private, recreational, or sport pilot certification 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 specifically address limitations of private, recreation, 

and sport pilot certification that would not allow persons 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.