U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

SUBJECT: Section 333 - Petition for Exemption 

Gentlemen: 

R. W. Zollinger Consulting Engineers, Inc. (RZI), Environmental Management Consultants, is 

requesting an exemption under the following FAR's: Part 21, §§45.23(b), 61.113(a) and (b), 

91.7(a), 91.9(b)(2), 91.103, 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), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 

CFR). The proposed exemptions, if granted, would allow operation of unmanned aircraft systems 

(UAS) for the purpose of collection aerial data for various clients requesting services. Such data 

would include LIDAR remote sensing, visual photography, and infrared (IR) remote sensing 

applications. 

The petitioner requests relief from the following regulations: 

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design 

approvals, production approvals, airworthiness cetiificates, and airworthiness approvals. 

Section 45.23(b) prescribes, in petiinent part, that when marks include only the Roman capital 

letter "N" and the registration number is displayed on limited, restricted or light- spmi 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. 

Section 61.113(a) and (b) prescribes that-

(a) no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft. 
(2) The aircraft does not carry passengers or prope1iy for compensation or hire. 

Section 91.7(a) prescribes, in pertinent pmi, that no person may operate a civil aircraft unless it 

is in an airworthy condition. 

Section 91.9(b)(2) prohibits operation ofU.S.-registered civil aircraft unless there is available in 

the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. 

Section 91.103 prescribes, in pe1iinent part, that each pilot in command shall, before beginning a 

flight, become familiar with all available information concerning that flight, to include-

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, fuel requirements, alternatives available if the planned flight cannot be 

completed, and any known traffic delays of which the pilot in command has been advised 

by ATC; 

(b) For any flight, runway lengths at airpmis of intended use, and the following takeoff and 

landing distance information: 

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing 

distance data contained therein; and 

(2) For civil aircraft other than those specified in paragraph (b)(l) of this section, other 

reliable information appropriate to the aircraft, relating to aircraft performance under 

expected values of airport elevation and runway slope, aircraft gross weight, and 

wind and temperature. 

Section 91.109 prescribes, in pe1iinent pmi, 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. 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes: 
horizontal radius of2,000 feet of the aircraft. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface. 

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) 

or (c) of this section, provided each person operating the helicopter complies with 

any routes or altitudes specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the 

minimums prescribed in paragraph (c) of this section. 

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

altitude by reference to an altimeter that is set "to the elevation of the departure airport or an 

appropriate altimeter setting available before departure." 

Section 91.151(a) prescribes that no person may begin a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing and, assuming normal cruising speed, ( 1) during the day, to 

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

[emphasis added] 

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

has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. 

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

copy of the Aircraft Registration Application as provided for in § 4 7.31 (c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless 

the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that 

aircraft inspected as prescribed in subpart E of the same pati and shall, between required 
approved for return to service by a person authorized under§ 43.7 of the same chapter. 

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

within the preceding 12 calendar months, it has had an inspection for the issuance of an 

ailworthiness certificate in accordance with pmi 21 of this chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that: 

(a) Each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of 

the 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, propeller, 

rotor, and appliance of an aircraft. The records must include: 

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; 

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

(iii) The signature and certificate number of the person approving the aircraft for 

return to service. 

(2) Records containing the following inf01mation: 

(i) The total time in service of the airframe, each engine, each propeller, and each 

rotor. 

(ii) The cunent status of life-limited parts of each airframe, engine, propeller, rotor, 

and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled on a specified time basis. 

(iv) The cunent inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its 

appliances are maintained. 
(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major 

alteration to the airframe and currently installed engines, rotors, propellers, and 

appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(l) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is 

performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service. 

The petitioner supports its request with the following information: 

Unmanned Aircraft System 

The UAS proposed by the petitioner is a proprietary design, conceived and constructed by DJI, 

and referred to as the DJI Phantom 2. This aircraft has four rotors and four motors in a 

quadcopter configuration (X4). The petitioner states that given the size, weight, speed, and 

limited operating area associated with the aircraft to be utilized by the applicant, an exemption 

from 14 CFR part 21, Subpart H (Airworthiness Certificates), subject to certain conditions and 

limitations, is warranted and meets the requirements for an equivalent level of safety under 14 

CFR pmi 11 and Section 333 of the FAA Modernization and Reform Act of 2012 (PL 112-95). 

The petitioner further states that UAS operated without an airworthiness cetiificate in the 

restricted environment and under the conditions and limitations proposed by the petitioner will 

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with 

an airworthiness certificate issued under 14 CFR part 21, Subpart H and not subject to the 

proposed conditions and limitations. 

• The petitioner states that the unmanned aircraft (UA) to be operated under this request is 

less than 10 lbs with equipment loaded, flies at a speed of no more than 30 knots, carries 
other method to see the UA 

• The petitioner further describes that, in the event the UAS loses communications or its 

GPS signal, the UA will have the capability to return to a pre-dete1mined location within 

the Security Perimeter and land. It will also have the capability to abort a flight in the 

event of unpredicted obstacles or emergencies. The DJI Phantom has a failsafe function 

preloaded from the manufacturer. 

• The petitioner also states that the unmanned aircraft will be flown under 400 ft AGL. 

The DJI Phantom has an altitude read out which will be displayed on a video monitor 

along with a separate display on an IPAD. The altimeter will be reset to ground level at 

an altitude of zero feet. This will be pmi of a before flight checklist. A pre-flight, before 

takeoff checklist will be read and complied with for every flight. All of the flights will be 

operated in Class G airspace at this time. If flights occur under the shelf or inside 

Pittsburgh class B airspace. A COA application will be submitted. Notification to the 

local FSDO will be complied with. After communication with the FSDO appropriate 

local air traffic control will be notified for and appropriate NOT AM to be filed. 

• The petitioner states that the radio remote control that operates the UA is in FCC 

compliance. The device complies with part 15 of the FCC rules. The FCC ID is SS3-

201306002. 

The petitioner states that even though its UAS will have no airworthiness certificate, an 

exemption may be needed from 14 CFR § 45.23 as the UA will have no entrance to the cabin, 

cockpit, or pilot station on which the word "experimental" can be placed. Given the size of the 

UA, the petitioner notes that the two-inch lettering will be impossible. The petitioner asse1is that 

an equivalent level of safety will be provided by having the UA marked with the word 

"experimental" on the fuselage in compliance with 14 CFR § 45.29(f), in a location where the 

pilot, observer, and others working with the UA will see the identification. 

The petitioner states that the maintenance requirements in the pertinent sections of 14 CFR pmi 

91 are only applicable to aircraft with an airworthiness certificate in accordance with part 43. 

The petitioner states that its DJI Phantom does not have specific maintenance instructions; 

therefore the petitioner has developed a Preflight Checklist. The petitioner has also stated that it 

intends to follow any manufacturers' recommended instructions and procedures when those 

procedures exist for certain components of its DJI Phantom. 
product. 

UAS Operating Parameters 

The petitioner states that all flights will be operated within visual line of sight (VLOS) of a pilot 

and/or observer, and that the UA flights will be limited to a maximum altitude of 400 feet AGL. 

The petitioner assetis that an equivalent level of safety can be achieved given the size, weight, 

and speed of the UAS, as well as the location where it is operated. The petitioner states that the 

UAS will be operated within a safe operating perimeter, the boundaries of which will be 

determined by production personnel and the UA PIC based on the site-specific data collecting 

activities and speed of the UA required for the operation, and coordinated with the jurisdictional 

FAA FSDO and local government officials as applicable. The safety of conducting flights by a 

UA is drastically safer than the alternative. A helicopter is the alternative to gaining close high 

resolution photos or infrared data. The UA carries no flammable fuel and poses virtually no 

safety threat to any workers on site. 

With respect to preflight actions, the petitioner notes it may need an exemption from 14 CFR 

§91.103, because it will not have approved rotorcraft flight manuals, although there are 3 

checklists that will be adhered to prior to any flight. The petitioner asserts that an equivalent 

level of safety will be achieved by the PIC taking all preflight actions as set forth in their 

checklist, including reviewing weather, flight battery requirements. Additionally, the petitioner 

states that a briefing will be conducted prior to each day's data collecting regarding planned UA 

operations, and all personnel who will be performing duties within the boundaries of the safety 

perimeter will be required to attend. 

With respect to the fuel requirements, the petitioner notes that, in order to meet the 30 minute 

reserve requirements in 14 CFR §91.151, UAS flights would have to be limited to approximately 

0 minutes. The petitioner believes that an equivalent level of safety can be achieved by limiting 

flights to 15 minutes or 25% of battery power, whichever occurs first. 

The petitioner notes that it may need an exemption from 14 CFR §91.121, as its UAS may have a 

GPS altitude read out instead of a barometric altimeter. The petitioner asserts that an equivalent 

level of safety will be achieved. Specifically, the altitude information will be provided to the UA 

PIC via a digitally encoded telemetric data feed. Prior to each flight, a zero altitude initiation 

point will be established and confirmed for accuracy by the PIC. 
exemption, allow commercial operations of UAS to commence immediately.

 Also due to the 

size ofthe UA and the restricted areas in which the UAS will operate, approval of the application 

presents no national security issue. The petitioner states that, given the clear direction in Section 

333, the strong equivalent level of safety sunounding the proposed operations, and the 

significant public benefit, including enhanced safety, reduction in environmental impacts, and 

including reduced emissions associated with allowing UA for LIDAR remote sensing, visual 

photography, and IR remote sensing operations, granting the requested exemptions is in the 

public interest. 

Thank you for your timely consideration of this petition for exemption under Section 333, and 

please contact any of the undersigned individuals associated with RZI Environmental 

Management Consultants should any additional information be necessary to favorably consider 

this exemption petition. 

Sincerely, 

Charles Zollinger, PIC 

Commercial Pilot 

412-720-3313 (mobile) 

Richar W--:-"1 ollinger, 

Principal Environmental Engineer 

412-841-7383 (mobile) 

rzoll71 O@aol.com 

Matthew Mercurio, GISP 

Principal GIS Manager 

315-420-0620 (mobile) 
• FSDO notified/ATC notified, operating within NOT AM time 

ENVIRONMENTAL: 

• Check for people, and property limits within flight vicinity 

• Notify workers or bystanders of intentions 

• Obtain a weather forecast, no precipitation expected within flight 

• Wind speed less than 10 mph 

• First Aid/Safety kit on hand 

HARDWARE/EQUIPMENT: 

• Visual Inspection of the Airframe 

o Cracks in airframe or landing gear 

o Loose or damaged screws/fasteners/bands/straps/ties o Loose or damaged wiring o Inspect prop mounts & screws and apply pressure to ensure propellers are secured 

o Props are smooth and free of damage/defect (check blade, surface & hub) 

o For FPV, inspect clean GoPro camera lens and ensure it is secure 

• Data card is empty and battery is charged • Camera is in correct mode for the assignment 

o UA battery is fully charged and secured o Check whether the transmitter is paired with the UA 

PRE-FLIGHT: 

• Batteries charged & secured 

• Position UA on a level safe location for takeoff 

o If takeoff point not level, use portable takeoff/landing pad 

• For FPV, power up ground station IPAD, video receiver 

• Onboard camera, turn on 

• All transmitter controls and switches in correct position • Radio transmitter on 

• UApoweron 

• Ensure led indicators are correct and UA has no error codes 

• FPV check video feed 

FLIGHT: 

• Scan for nearby people or animals 

• Stand clear, announce "CLEAR!" 

• Activate props at ground idle 

• Hover at 5 -10 feet for 20-30 seconds • If no error codes, commence with flight