December 4, 2015

Federal Aviation Administration:

On behalf of Scopes LLC, we would like to formally submit for an exemption from part 21, subpart H; and 

Sections 45.23(b), 91.7(a), 91.9(b)(2), 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). This 

proposed exemption would allow our operation of unmanned aircraft systems (UAS) for the purpose of 

UAV based thermography, photo, video, LiDAR and integrated software systems to conduct inspections 

of solar cell installations, power lines, multi-story buildings and agriculture areas.

We will operate a UAS, the DJI Phantom 3 Advanced, which is comprised of an unmanned aircraft, an 

attached HD camera, an attached thermal camera FLIR VUE PRO 640 or LiDAR camera and a 

transportable ground station.

The DJI Phantom 3 Advanced is a quadcopter with a maximum gross weight of about 2.82 pounds. It is 

equipped with four rotors that are driven by electric motors powered by batteries. The UA has a 

maximum airspeed of approximately 52.4 ft/s.

UAS Operating Parameters

We will abide by the following additional operating conditions under this exemption:

• operate UAS within a 100-foot envelope of the target being inspected or below 400 feet AGL, 

whichever is greater, and within radius distance of 1000 feet from the controller to aid in direct line of 

sight visual observation;

• obtain permission from the owner/controller of any vessels, vehicles and structures when operations 

may be conducted closer than 500 feet to any such vessels, vehicles or structures; we will conduct a 

safety assessment of the risk of operating closer to those objects and determine that it does not present 

an undue hazard;

• operate the UAS for 10-20 minutes per flight;

• land UAS prior to the manufacturer’s recommended minimum level of battery power;

• operate UAS within visual line of sight (VLOS);

• use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then slowly

lands if communication with the remote control pilot is lost;

• contact respective airports if operations will be within 5 miles to advise them of his estimated flight 

time, flight duration, elevation of flight and other pertinent information;

• always obtain all necessary permissions prior to operation;

• have procedures in place to abort flights in the event of safety breaches or potential danger (reference 

“DJI Phantom 3 Advanced User Manual” provided);

• conduct extensive preflight inspections and protocols, during which safety carries primary importance 

(reference “DJI Phantom 3 Advanced User Manual” provided).
UAS Pilot in Command (PIC)

The 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 US driver’s license.

All PICs will demonstrate the ability to safely operate the UAS in a manner consistent with how the UAS 

will be operated under the requested exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures.

Specific Exemptions Requested

Given the size, weight, speed, and limited operating area associated with the UA, we feel an exemption 

from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203(a) and (b) (Certifications 

required), subject to certain conditions and limitations, is warranted and meets the requirements for an 

equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 333).

We request an exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin, 

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

difficult to place on such a small aircraft with dimensions smaller than the minimal lettering 

requirement. Regardless of this, we can mark the UAS in the largest possible lettering by placing the 

word “Experimental” on its fuselage as required by § 45.29(f) so that anyone will see the markings.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an 

airworthiness certificate, since there is currently no certificate applicable to our operation, this 

regulation is inapplicable.

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) 

Maintenance inspections since they only apply to aircraft with an airworthiness certificate. However, as 

a safety precaution we will perform a preflight inspection of the UAS before each flight as outlined in the 

attached operating documents.

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft, 

however since there are no pilots or passengers on board the aircraft and given its size, this regulation is 

inapplicable. We believe an equivalent level of safety will be achieved by maintaining a safety/flight 

manual with the UAS ground station.

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil 

aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. We will operate 

the UAS within a 100-foot envelope of the target being assessed, or below 400 feet AGL, whichever is 

greater.

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the UAS utilizes 

electronic GPS with a barometric sensor.

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions. The UAV is 

100% electric and two low battery alerts are issued - per the operating documents, the UAV will be 

landed at the first alert. Also, our flights will last only 5-20 minutes each, and the UAS has an automated 

function which results in immediate landing when a low battery is detected. The PIC will not begin a 

flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first 
point of intended landing and, assuming normal cruising speed, land the UA with 30% battery power 

remaining.

Business and Public Interest

Traditionally commercial scale solar power plants use truck-mount camera, airplane/ helicopter fly-over 

to perform thermography of the solar panels. Thermography using truck mount camera is restricted by

the types of terrain, poor accessibility, vehicle’s vibration and overall energy consumption. The cost of 

fly-over thermography often times exceeds the value of the inspection. In both cases, the overall fossil 

fuel consumption tarnishes the benefits of solar power generation. 

Also ground and suspended scaffold based photo, video, thermography and LiDAR assessments have 

been around for some time, but can be cost-prohibitive and time consuming. In the case of operations 

from suspended scaffold stages and Boatswains' chairs are inherently risky and governed by OSHA Fall 

Protection regulations.

By granting this exemption, you would enable us to provide this service at a much lower risk profile, 

both for inspectors and the public, lower cost and with greater energy efficiency. Further, our small UAS 

will pose no threat to the public given its small size, automatic emergency recovery system and lack of 

combustible fuel when compared to larger manned aircraft.

Summary

We will comply with all of the following conditions and limitations should this grant of ex-emption be 

provided:

1) Operations will be limited to the following aircraft described in the operating documents which is a

quadcopter aircraft weighing less than 3 pounds: DJI Phantom 3 Advanced Un-manned Aircraft System.

2) The UA will not be flown at an airspeed exceeding 31 knots.

3) The UA will be operated within a 100-foot envelope of the target being assessed or below 400 feet 

AGL, whichever is greater, and within radius distance of 1000 feet from the controller to aid in direct line 

of sight visual observation.

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all times.

5) All operations will utilize a visual observer (VO). The UA will be operated within the visual line of sight 

(VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at all times. The PIC 

will be designated before the flight and will not transfer his or her designation for the duration of the 

flight. The PIC will ensure that the VO can perform the functions prescribed in the operating documents.

6) The operating documents will be accessible during UAS operations and made available to the 

Administrator upon request. Any revisions to the operating documents will be presented to the 

Administrator upon request.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated 

until the necessary maintenance has been performed and the UAS is found to be in a condition for safe 
flight. The Ground Control Station will be included in the preflight inspection. All maintenance and 

alterations will be properly documented in the aircraft records.

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. 

replacement of a flight critical component, will undergo a functional test flight. The PIC who conducts 

the functional test flight will make an entry in the aircraft records.

9) The pre-flight inspection section in the operating documents will account for all discrepancies, i.e. 

inoperable components, items, or equipment, not already covered in the relevant sections of the 

operating documents.

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements.

11) We will carry out maintenance, inspections, and record keeping requirements, in accordance with 

the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft records, 

including total flight hours, description of work accomplished, and the signature of the authorized 

person returning the UAS to service.

12) Each UAS operated will comply with all manufacturer Safety Bulletins.

13) An authorized person will make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections.

15) UAS operations will be conducted by a PIC possessing at least a sports pilot certificate and at least a 

current third-class medical certificate or a valid US driver’s license.

16) Prior to operations conducted for the purpose of this exemption, the PIC will demonstrate then 

ability to safely operate the UAS, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures.

17) The UA will not operate within 5 nautical miles of an airport reference point as de-noted on a 

current FAA-published aeronautical chart, unless a letter of agreement with that airport’s management 

is obtained or otherwise permitted by a COA issued.

18) The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

cloud or when visibility is less than 3 statute miles from the PIC.

19) If a UA loses communications or loses its GPS signal, it will return to a predetermined location within 

the planned operating area and land or be recovered in accordance with the operating documents.

20) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance with 

the operating documents.

21) The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is 

enough power to fly at normal cruising speed to the intended landing point and land the UA with 30% 

battery power remaining.

22) Before conducting operations, the radio frequency spectrum used for operation and control of the 

UA will comply with the Federal Communications Commission (FCC) or other appropriate government 

oversight agency requirements.
23) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground 

Control Station of the UAS any time the UAS is operating. These documents will be made available to the 

Administrator or any law enforcement official upon request.

24) The UA will remain clear and yield the right of way to all manned aviation operations and activities 

at all times.

25) The UAS will not be operated by the PIC from any moving device or vehicle.

26) The UA will not be operated over congested or densely populated areas without an inspected, 

armed and operational emergency recovery system rated for the maximum gross weight of the UAS.

27) Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA 

and/or debris in the event of an accident. We will ensure that nonparticipating persons remain under 

such protection. If a situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately and/or;

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating 

closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard.

28) All operations will be conducted over private or controlled-access property with permission from the 

land owner/controller or authorized representative. Permission from land owner/controller or 

authorized representative will be obtained for each flight to be conducted.

28) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office 

(AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov.