Neil Saltzman

4205 Raleigh Avenue South

St Louis Park MN 55416

T: 612-205-1919

neil@structuretech1.com

3/14/2016

U.S. Department of Transportation, Docket Operations

Ground Floor, Rm. W12-140

1200 New Jersey Ave, SE

Washington, DC 20590

Regarding: FAA Exemption Rulemaking Section 333 of the FAA Reform Act and Part 11- 14 C.F.R. §

45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a) & (b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121;

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

Dear Sir or Madam: 

Structure Tech Home Inspections, is requesting exemption from the Federal Aviation Regulations (“FARs”)

listed below and pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained

within 14 C.F.R. 11. in order to commercially operate a small ultra light unmanned aircraft system (“UAS”),

specifically the following UAS platforms will be used:

DJI Phantom III Pro

Attachment 1 lists the technical specifications for each of the previously listed UAS(s).

The Pilot In Command (PIC) will hold either an airline transport, commercial, private, recreational, or sport

pilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver’s

license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal

government.

Structure Tech Home Inspections, would like to expand its operations, and wishes to add the followng

photography/videography services. 

Home Inspections

Specifically, it wishes to provide aerial imaging to its customers in need of aerial photography/videography.

With the advancement of Internet technology and consumer adoption of shopping for properties online, the

demand for high-resolution aerial graphics and video is unprecedented. In addition, it wishes to be able to

perform property (primarily roof) inspections via UAS. All UAS pertinent safety and risk management

measures as specified in the FAA’s Risk Management Handbook shall be complied with. 

A grant of the exemption request, by the FAA, would permit operation of ultra lightweight and unmanned

UAS to operate in predetermined areas away from the general public, airports, heliports and vehicular traffic,
primarily over individual properties/communities for the purpose of recording real-estate listings

(photo/video). 

In summary and in accordance with this request of exemption request as authorized and outlined by the FAA

under Section 333(c) of the Reform Act specified for use of UAS’ for “Real Estate” purposes, Structure Tech

Home Inspections will adhere to all FAA regulations at all times and shall conduct all flight operations in

strict compliance and safety protocols as mandated and required by regulations and best practices.

Respectfully, we request the grant of exemption to operate ultra light weight, remote controlled UAS’s for

commercial purposes as described in this request and as allowable by law. This grant of exemption will allow

the company to offer such services to private and governement entities who have little to no experience

piloting UAS’s but have a need to get images that are only possible from a UAS in order to compete within

an ever demanding technology driven market. Structure Tech Home Inspections submits that this application

has been prepared by Neil Saltzman (owner of Structure Tech Home Inspections) and not an attorney using

his personal knowledge of existing FARs as well as utilizing excerpts from other similar applications and

assistance from Mile High Drone Services. Consequently, if Neil Saltzman has unintentionally omitted any

relative FARs, Structure Tech Home Inspections, humbly request an opportunity to submit to those accidental

omissions. The essence of this application is to declare that, Structure Tech Home Inspections meets and

exceeds the FAA’s expected competency for piloting the listed UASs for commercial purposes and that the

UAS that we specified earlier meets and exceeds the safety requirements as set forth by the Secretary of

Transportation thereby prompting the request for COA under Section 333.

1. Contact Information:

Structure Tech Home Inspections

Attn: Neil Saltzman

4205 Raleigh Avenue South

St Louis Park MN 55416

612-205-1919 

neil@structuretech1.com

2. The Specific section(s) of 14 C.F.R. seeking an exemption from are: 

14 CFR 21;

14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.;

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). 

3. The extent and reason of relief: 

Structure Tech Home Inspections, is seeking relief from existing FARs that currently prohibit the use of

UASs from operating commercially for the purpose of aerial photography/videography in accordance

with the FAA Modernization and Reform Act of 2012 112 P.L. 95 § 331-334. The Reform Act Subtitle

B: Unmanned Aircraft Systems – (Sec. 332) “Requires the Secretary to develop a plan to accelerate

safely the integration by September 30, 2015, of civil unmanned aircraft systems (UASes, or drones)

into the national airspace system.” The company humbly requests that it be allowed to commercially

operate the listed UASs during the time period the FAA is further establishing rules and regulations

governing the operations of such craft. 

The Secretary of Transportation has been asked by Congress to, among other things, consider whether

certain unmanned aircraft systems may operate safely in the national airspace system 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 National Airspace System 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 and populated areas; 

and Operation of the UAS within visual line of sight (VLOS) of the Pilot and VO 

Accordingly, all flights will be conducted by a PIC and a VO in accordance with FAA Policy N

8900.227 Section 14 “Operational Requirements for UASs” and with the following restrictions: 

All aircraft will be made with a UA Gross weight of less than 55 pounds 

All flights will occur only during daylight hours. 

All flights will occur at or below 400 feet AGL 

5 nautical miles from an airport having an operational control tower; or 

3 NM from an airport with a published instrument flight procedure, but not an operational tower; or 

2 NM from an airport without a published instrument flight procedure or an operation tower; or 

2 NM from a heliport with a published instrument flight procedure. 

For safety, no flight with winds over 10 mph. 

Flight only in GPS mode that allows UAS to hover in place when radio controls are released. All

operations to be conducted in GPS mode only.

4. How the request will benefit the public as a whole: 

Aerial photography is becoming a critical component of the way a company does business. Aerial

photography via UAS allows people to get a vantage point that never used to be possible or

economically feasible. It is much too dangerous and expensive to hire a manned aircraft to take many

aerial images thereby making the UAS option more cost effective and safer. There simply is not enough

UAS Pilots to cover the demand for these images, which is leading to unlicensed UAS operators which

ultimately results in untrained and unqualified operators. 

5. Reasons why the exemption would not adversely affect safety; or how the exemption would

provide a level for safety at least equal to the existing rule: 

An exemption would not adversely affect safety because this application applies only to aircraft

characteristics and applications within FAA specified limitations. These limitations provide for at least

an equivalent safety standard. However, the experience of a certificated rated pilot allows him/her to

utilize his/her experience in UAS operations thereby exceeding safety and improving airspace

operations by allowing aerial imaging clients to choose an pilot that knows how to pilot an aircraft

safely and within regulated limits. In addition, by providing unmanned services to the market place,

there will be less of a demand for manned operations, which will provide for safer and quieter

residential aerial photography. In addition, inspecting roofs via UAS will reduce the risk of personal

injury because people who no longer have to walk on roofs which is inherently dangerous.

As previously stated, all flights will be conducted by a PIC and a VO in accordance with FAA Policy N

8900.227 Section 14 “Operational Requirements for UASs” and with the following restrictions: 

All aircraft will be made with a UA Gross weight of less than 55 pounds

All flights will occur only during daylight hours. 

All flights will occur at or below 400 feet AGL 

5 nautical miles from an airport having an operational control tower; or 

3 NM from an airport with a published instrument flight procedure, but not an operational tower; or 

2 NM from an airport without a published instrument flight procedure or an operation tower; or 
2 NM from a heliport with a published instrument flight procedure. 

Extensive, pre-flight briefings are required between the PIC and the VO. 

A flight plan is required prior to each flight. 

All aircraft operations must be conducted within manufacturer recommended specifications. 

All site permissions must be obtained prior to flight. 

6. A summary the FAA may publish in the Federal Register: 

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of

necessary airworthiness certificates in relation to FAR §91.203(a)(1). The size, weight and enclosed

operational area of the listed UASs permit exemption from Part 21 because the listed UASs meets (and

exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is

authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49

U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to

exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size,

speed, maneuverability and proximity to areas such as airports and dense populations. The current and

projected UAS's meet or exceed each of the elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots

or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of

safety will be achieved by maintaining such manuals on location with the Pilot. The FAA has

previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A,

9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as all UAS utilizes electronic

global positioning systems with a barometric sensor. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations.

They are inapplicable for the same reasons described above. The equivalent level of safety will be

achieved by maintaining any such required certifications and registrations with the Pilot. 

14 C.F.R. § 45.23: Marking of The Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to certain

specifications. The listed UASs are, by definition, unmanned. They therefore do not have a cabin,

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is

difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement.

The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167,

10167A and 10700. 

14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. 

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. The

PIC can achieve an equivalent level of safety as achieved by current Regulations because the listed

UASs do not carry any pilots or passengers. Further, the PIC possess an FAA pilot certificate, which

helps his remote control piloting skills and factors in his experience in assessing any flight risks. The

risks attended to the operation of the listed UASs are far less than the risk levels inherent in the

commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing the PIC to operate the listed

Attachment 1

DJI Phantom III Pro (http://www.dji.com/product/phantom-3/spec)

Weight (Including Battery And Propellers): 1280 g Diagonal Size (Including Propellers): 590 mm

Max Ascent Speed: 5 m/s 

Max Descent Speed: 3 m/s

Hover Accuracy

Vertical: +/- 0.1 m (when Vision Positioning is ac- tive) or +/- 0.5 m

Horizontal: +/- 1.5 m

Max Speed: 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level: 6000 m

Operating Temperature: 0(C) to 40(C)

GPS Mode: GPS/GLONASS