August 11, 2015

Exemption No. 12425

Regulatory Docket No. FAA–2015–1968

Mr. Cody Shahane

Pinnacle Unmanned Aerial Systems, LLC

500 Throckmorton Street #3007

Fort Worth, TX 76102

Dear Mr. Shahane:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 14, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Pinnacle Unmanned Aerial Systems, LLC (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct sUAS flight training1, education, general photography and videography, real estate 

photography and videography, film and movie production, wildlife surveys, pipeline patrols, 

infrastructure and industrial inspections, news gathering, agricultural surveys, and 

demonstration flights.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

 

1 The petitioner also requested authority to conduct UAS training. At this time, the FAA is unable to authorize 

UAS operations for training until a further assessment is completed. When the FAA completes its review, we 

will proceed accordingly and no further action will be required by the petitioner. However, the petitioner is 

permitted to train its own pilot in commands and visual observers in accordance with condition no. 14 and the 

other conditions and limitations in this exemption.
2

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 3, DJI Inspire 1, and Sensefly eBee.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection2. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Pinnacle Unmanned Aerial Systems, LLC is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

 

2 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

Conditions and Limitations

In this grant of exemption, Pinnacle Unmanned Aerial Systems, LLC is hereafter referred to 

as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3, 

DJI Inspire 1, and Sensefly eBee when weighing less than 55 pounds including 

payload. Proposed operations of any other aircraft will require a new petition or a 

petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.
4

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 
5

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. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

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

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

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

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.
6

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must 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. The operator must 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 in a manner ensuring the safety 

of nonparticipating persons; and

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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property 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 must be reported 
7

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

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

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

May 14, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Petition of Pinnacle Unmanned Aerial Systems, LLC, for Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012.

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

Pinnacle Unmanned Aerial Systems, LLC, (hereinafter referred to as “Pinnacle”) hereby applies 

for an exemption from Federal Aviation Regulations (FARs) identified below, to allow 

commercial operations of small-unmanned aerial system (sUAS).

The exemption is based upon information outlined in this document, Pinnacle’s enclosed 

Operations Manual, the DJI and Sensefly UAS manufacturers manuals and guides, and any other 

requirements established by the FAA pursuant to Section 333 of the Reform Act.

This exemption would permit commercial operations by Pinnacle, which will use the DJI 

Phantom 3, DJI Inspire 1, and Sensefly eBee to conduct sUAS flight training, education, general 

photography and videography, real estate photography and videography, film and movie 

production, wildlife surveys, pipeline patrols, infrastructure and industrial inspections, news 

gathering, agricultural surveys, demonstration flights, and any other related entities/activities that 

can utilize the safe and efficient operation of sUAS aircraft. Pinnacle’s operation under the 

exemption will be subject to strict operating requirements and conditions to ensure a level of 

safety equivalent to that of currently authorized operations using manned aircraft and under 

conditions as may be modified by the FAA as required by Section 333.

Pinnacle will operate under controlled visual flight rules (VFR) conditions at low altitude in 

airspace that is permitted in accordance with the approved Certificate of Authorization (COA). 

Pinnacle will operate the sUASs with pilots who possess an FAA Pilot Certificate and have met 

Pinnacle’s pilot requirements as detailed in the provided Operations Manual. Finally, the FAA

Air Traffic Control (ATC) will approve in advance the airspace in which the sUAS will operate. 

Pinnacle respectfully submits this request for an exemption due to its operation of sUASs. In its 

current form, the operations Pinnacle will be conducting replace comparatively hazardous 

operations now conducted with both fixed and rotary winged aircraft. The FAA can have 

confidence that Pinnacle’s operations will be conducted at an equivalent level or greater level of 

safety than that of sUASs counterparts of larger manned aircraft. Approval of this exemption
2

would therefore enhance safety and fulfill the Secretary of Transportation’s (the FAA

Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish

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

For your convenience, Pinnacle has organized this Exemption request as follows:

I. Petitioner's Description .....................................................................................................................................2

II. Relevant Statutory Authority ..........................................................................................................................3

III. Qualifications for Approval Under Section 333 of the Reform Act..................................................4

IV. Description of Proposed Operations.............................................................................................................5

V. Regulations From Which Exemption is Requested.................................................................................6

A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; Pilot in 

Command .................................................................................................................................................................6

B. 14 CFR § 91.103: Preflight Action.........................................................................................................7

C. 14 CFR 91.109(a): Flight Instruction ....................................................................................................8

D. 14 CFR 91.113: Right-of-Way Rules....................................................................................................8

E. 14 CFR. § 91.119: Minimum Safe Altitudes.......................................................................................9

F. 14 C.F.R. § 91.121: Altimeter Settings..............................................................................................10

G. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions....................................10

H. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance 

Inspections ............................................................................................................................................................11

VI. Public Interest....................................................................................................................................................11

VII. Privacy..........................................................................................................................................................13

VIII. Federal Registry Summary ....................................................................................................................13

IX. Conclusion..........................................................................................................................................................13

I. Petitioner's Description

Pinnacle Unmanned Aerial Systems, LLC, is headquartered in Fort Worth, Texas. Their core 

competencies are providing services of sUAS in flight training, education, general photography 

and videography, real estate photography and videography, film and movie production, wildlife 

surveys, pipeline patrols, infrastructure and industrial inspections, news gathering, agricultural 

surveys, and demonstration flights in a compliant and safe environment. Pinnacle plans on 

providing a wide range of services as the sUAS market expands.
3

The executive management at Pinnacle has over 15 years experience in aviation and more than

five years experience working with unmanned aerial systems. The President of the company has 

worked both military and civilian manned and unmanned aircraft supporting maintenance and

flight operations. The Vice President has over five years experience managing large-scale 

projects and developing processes to make business operations safe and efficient. The Chief Pilot

possesses a Private Pilot Rotorcraft (Helicopter) certificate. He has flown piston and turbine 

powered aircraft without incident in controlled and uncontrolled airspace for more than 8 years. 

That time and experience has provided the knowledge and tools necessary to ensure safe 

operations within the National Airspace System (NAS). 

Pinnacle’s goal is to operate in an accident-free environment by:

• Ensuring all employees are trained on the latest safety procedures for the sUAS they 

operate as well as Pinnacle’s safety procedures outlined in the Operations Manual.

• Being proactive when performing pre-flight operations and identifying any potential 

safety hazards

• Demonstrating the ability to identify and appropriately eliminate hazards and risks to the 

aircraft as well as persons involved in the flight.

The contact information for Petitioner is as follows:

Pinnacle Unmanned Aerial Systems, LLC

500 Throckmorton Street #3007

Fort Worth, Texas 76102

Member Managers:

Cody Shehane

Cell: 817-888-0723

Katherine Shehane

Cell: 817-889-7413

II. Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the 

integration of civil unmanned aircraft systems into the national airspace system." Pursuant to 

Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned 

aircraft systems may operate safely in the National Airspace (NAS) before completion of the 

formal UAS rulemaking, based on the following considerations:

• The weight, speed, and operational capability of the UASs
4

• Operating the UAS in a relatively close proximity to airports or other populated areas

• UAS will be in direct visual line-of-sight with the observer and pilot

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".

Additionally, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator decides a requested exemption is in 

the public interest. A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules).

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 in 40101 

of the Act, from the requirement that all civil aircraft must have a current airworthiness 

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

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

prescribed under subsection (a) or (b) of this section or any of sections.

III. Qualifications for Approval Under Section 333 of the Reform Act 

The proposed operations in this petition for exemption qualify for expedited approval under 

Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are 

satisfied. The proposed operations would permit Pinnacle the use of sUAS under controlled 

conditions in airspace that is: (1) predetermined; (2) exercises controlled access; and that (3) 

provides an increased level of safety beyond existing comparable operations when fixed or rotary

winged aircraft are used.

Pinnacle uses sUASs that are multi-rotor, weighing less than 25 pounds including payload. They 

operate, under normal conditions, at speeds not to exceed 45 mph. They have the capability to 

hover in a location and move in the vertical and horizontal plane. Pinnacle’s sUASs will operate 

in line-of-sight, under VFR flight conditions, and within the guidelines of a sterile environment 

which is outlined in the enclosed Operations Manual. Pinnacle will operate at or below 500 feet 

Above Ground Level (AGL) and will file a Notice to Airmen (NOTAM) for each flight operated 

in controlled airspace. 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 prior to operating a sUAS. Given the small size of the UASs involved 

and the restricted sterile environment that they will operate in, this exemption falls within the 

zone of safety and demonstrates an equivalent level of safety, in which Congress desired the 

FAA to permit commercial UAS operations by exemption pending completion of formal 
5

rulemaking. Also, due to the aforementioned conditions, approval of the application presents no 

hazard in the NAS.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, the grant of the requested exemptions is also in the 

public interest.

IV. Description of Proposed Operations

The enclosed Operations Manual describes the policies and procedures for Pinnacle’s proposed 

sUAS operations. To assist the FAA in its safety assessment said proposal, below is a summary 

of operational limitations and conditions that will ensure an equivalent or higher level of safety 

to operations conducted under current regulatory guidelines:

1. The sUAS will weigh less than 25 pounds.

2. Pinnacle Unmanned Aerial Systems will designate a Pilot in Command (PIC) for each 

mission.

3. Flights will be operated within line-of-sight of the PIC and observer.

4. Maximum total flight time for each operational flight will be limited to the amount of 

time the sUAS can be flown and still maintain a reserve battery power of no less than 

20%.

5. Flights will be operated at an altitude of no more than 500 feet AGL.

6. Flights will be operated at a lateral distance of least 100 feet from any inhabited 

structures, buildings, vehicles, vessels, people not associated with the operation or 

who have not signed a waiver in advance of the operation.

7. Minimum crew for each operation will consist of the sUAS PIC and a Visual 

Observer. 

8. The sUAS PIC will be an FAA licensed airman with at least a private pilot's 

certificate, third class medical, and a current check required by14 CFR Part 61.56 in 

an aircraft in which the PIC is rated on his or her pilot certificate.

9. The sUAS will operate only within a confined "Sterile Area" as defined in the 

Operations Manual.

10. A site inspection will be conducted prior to the operations at a particular location. On 

the day of the mission, the management person with operational control and the PIC 

will concur on dispatching of the mission.

11. In accordance with Operations Manual, a briefing will be conducted regarding the 

planned sUAS operations prior to each mission. It is mandatory that all personnel 

who will be performing duties within the boundaries of the sterile area be present for 

this briefing.

12. Pinnacle’s crew will use the checklist and callouts required in the Operations Manual.

13. All sUASs will be maintained in accordance with inspection program specified in the 

Pinnacle’s Operations Manual and in compliance with the manufacturer’s guidelines.
6

14. In the event of an accident involving Pinnacle’s sUAS, that mission’s operations will 

cease and the accident reported to the NTSB and AFS-80.

15. PIC and Visual Observer will at all times be able to communicate by voice.

16. PIC, Visual Observer, and any additional required operational personnel will possess 

the required minimum skills and education outlined in Pinnacle Unmanned Aerial 

System’s Operations Manual.

17. 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.

18. If the sUAS loses communications signal, the sUAS will have the capability to return 

and land at a pre-determined location within the Sterile Area.

19. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the PIC and the observer.

20. The sUAS has the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

21. Pinnacle Unmanned Aerial Systems, by following procedures listed in the Operations 

Manual, will assure no individuals’ privacy is violated.

22. In accordance with Pinnacle’s Operations Manual, the PIC will contact the Air 

Traffic Control (ATC) facility or appropriate airspace controlling authority prior to 

operating in airspace other than Class G.

V. Regulations From Which Exemption is Requested

A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; Pilot in 

Command

B. 14 CFR § 91.103: Preflight Action

C. 14 CFR § 91.109(a): Flight Instruction

D. 14 CFR § 91.113: Right-of-Way Rules

E. 14 CFR § 91.119 (c): Minimum Safe Altitudes

F. 14 CFR § 91.121: Altimeter Settings

G. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions

H. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance 

Inspections

A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; 

Pilot in Command

Section 61.113 (a) & (b) limit private pilots to non-commercial operations. Conventional 

aircraft carry a pilot, passengers, and cargo during their operations. Having this rule in place 

ensures the skill and competency of the pilots. However, the DJI and Sensefly sUASs are 

controlled remotely and do not carry any passengers or cargo. Pinnacle Unmanned Aerial 

Systems respectfully proposes that the FAA take into account the characteristics and 

procedures of the particular UAS in reference to requirements for PIC. Pinnacle Unmanned 
7

Aerial Systems proposes that their operations of the DJI and Sensefly sUAS in commercial 

use not require the Pilot to hold a commercial pilot certificate but rather a private pilot 

certificate. Pinnacle Unmanned Aerial Systems proposes the following requirements for a 

PIC:

1. The PIC must possess a Private Pilot’s Certificate and a valid third-class medical 

certificate.

2. The PIC must have accumulated and logged a minimum of 200 flights and 25 hours 

of total time as a UAS pilot and at least ten hours logged as a UAS pilot with a 

similar UAS type (fixed wing or multi-rotor) and five hours in type of UAS aircraft

he/she will operate (DJI or Sensefly models).

3. The PIC must have accumulated and logged a minimum of five hours as UAS pilot 

with the make and model of UAS to be utilized for operations under the exemption 

and three takeoffs and landings all within the preceding 90 days.

4. The PIC must successfully display the competencies as specified in the Pinnacle 

Unmanned Aerial Systems Operations Manual.

5. The PIC must also meet the flight review requirements specified in 14 CFR Part 

61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

Equivalent Level of Safety

Pinnacle Unmanned Aerial Systems utilizes both a PIC and a Visual Observer to increase 

safety during flight operations. While the PIC is concentrating on flying the UAS, the 

Visual Observer has the ability oversee safety of the entire operation. The Visual 

Observer will always remain within 10 feet of the PIC when the UAS is airborne to 

quickly communicate any observations if an emergency should happen. Procedures

developed by Pinnacle far exceed the current safety requirements established by the 

FAA. Pinnacle respectfully requests the option to use a PIC and Visual Observer crew 

and the second crewmember not having to possess a private pilot certificate.

B. 14 CFR § 91.103: Preflight Action

Pinnacle requests an exemption from the preflight actions requirements of 14 CFR 91.113 

that prescribes the preflight actions under which aircraft may operate:

Each pilot in command shall, before beginning a flight, become familiar with all available 

information concerning that flight.

(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 airports of intended use, and the following
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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)(1) 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.

Equivalent Level of Safety

Pinnacle will only operate under VFR conditions within line of sight of its designated takeoff 

and landing zones. Located in Pinnacle’s Operations Manual are procedures describing steps 

the PIC and additional personnel must follow to assure that the weather will be adequate to 

complete the mission under VFR conditions. In addition, the PIC will adhere to all 

manufacture required preflight checks of the aircraft, review aircraft performance data, and 

become familiarized with their sterilized area of operations prior to conducting any flights. 

C. 14 CFR 91.109(a): Flight Instruction

Pinnacle requests an exemption from 14 CFR 91.109(a) Flight Instruction, in which “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”. Small-unmanned aerial 

systems by design allow only a single remote to control the aircraft during flight. Should 

control need to be passed from one pilot to another during sUAS flight instruction, it would 

take place by physically handing off the remote control. Pinnacle respectfully requests to 

conduct flight instruction with the use of a single handheld remote control.

Equivalent Level of Safety 

Unlike manned aircraft that are used for pilot instruction, sUAS have an added level of safety 

due to their size, weight, and speed while not having to carry fuel or passengers. The flight 

of a sUAS will only take place within the confines of a sterilized area of operation. During 

times of flight training, the sterilized area will contain no personnel other than the instructor 

pilot and student who will remain vigilant and side-by-side during all portions of flight. The 

sterilized area will be open and free of buildings or obstacles that could present hazards 

during times of instruction. Should the student begin to lose control, the instructor will be 

within reach to promptly take the remote control and right the aircraft. For an additional 

measure of safety, each aircraft Pinnacle operates for flight instruction possesses a RTH

(Return To Home) function that, when commanded, will instruct the aircraft to safely return 

to its takeoff point and land under its own control. 
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D. 14 CFR 91.113: Right-of-Way Rules

Pinnacle requests an exemption from 14 CFR 91.113 Right-of-Way rules, requiring vigilance 

by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this 

section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and 

may not pass over, under, or ahead of it unless well clear. Pinnacle operates pilotless sUASs 

and cannot comply with these rules as they have been written.

Equivalent Level of Safety

Pinnacle Unmanned Aerial Systems operates sUASs at or below an altitude of 500 feet AGL;

well below the normal operating altitude of other, larger aircraft. Pinnacle’s Operations 

Manual specifies that a PIC with experience will oversee each mission and has knowledge of 

the see-and-avoid rules. A Visual Observer will assist the PIC in looking for aircraft entering 

the operations area. It is the responsibility of the PIC to cease operations and land the sUAS 

immediately whenever an aircraft comes into the vicinity creating a potential threat. 

Operations cannot resume until the threat is clear.

E. 14 CFR. § 91.119: Minimum Safe Altitudes

Pinnacle requests an exemption from the minimum safe altitude requirements of 14 CFR 

91.119 that details the minimum safe altitudes under which aircraft may operate:

• Over any congested area of a city, town, or settlement, or over any open air assembly 

of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal 

radius of 2,000 feet of the aircraft.

• Over other than congested areas at 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.

Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes 

when it can be operated "without hazard to persons or property on the surface," provided that 

"each person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA." With Pinnacle’s intended operations, the sUAS is 

normally operated at or below 500 feet AGL. Additionally, due to the nature of the proposed 

operations, the sUAS will maintain a lateral distance of at least 100 feet from inhabited 

structures, buildings, vehicles, and vessels, and from people not associated with the 

operation.

Equivalent Level of Safety

Compared to the flight of normal aircraft, Pinnacle’s sUAS aircraft weigh less than 25

pounds, and, given the lack of flammable fuel, pose far less risk to persons or property than 

with conventional aircraft. An equivalent level of safety will be achieved given the size, 
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weight, and speed of the sUAS, as well as the location where it is operated. As set forth in the 

Operations Manual, the sUAS will be operated in a sterile area, where buildings and people 

will not be exposed to operations without their pre-obtained consent. Because of the advance 

notice to the property owners and participants, all knowingly affected individuals will be well 

aware of the planned flight operations as set forth in the Operations Manual. Furthermore, by 

operating at low altitudes, the sUAS will not interfere with aircraft that are subject to the 

minimum safe altitude regulations. Finally, the sUAS that Pinnacle operates has safeguards 

built into its design that warns pilots when approaching areas designated by the manufacture 

as “no fly zones”. This causes the sUAS to initiate a descent to safe altitude or landing. 

F. 14 C.F.R. § 91.121: Altimeter Settings

Pinnacle is seeking an exemption from 14 CFR 91.121, which requires a person operating an

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to 

the elevation of the departure airport or barometric pressure. An exemption is required 

because the sUASs have GPS altitude readouts as opposed to barometric altimeters

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in

Pinnacle’s Operations Manual during the pre-flight routine. Prior to operations, Pinnacle will 

confirm the altitude of the launch site shown on the GPS altitude indicator. Moreover, the 

PIC will use the GPS altitude indicator to constantly monitor the sUASs height, thus ensuring 

operation at safe altitudes.

G. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

Pinnacle requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in

VFR conditions. Section 91.151 states:

(a) 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 25 minutes; or

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

The batteries powering Pinnacle’s sUASs provide approximately 18 minutes of powered 

flight for the DJI airframes and approximately 30 minutes of powered flight for Sensefly’s 

airframe. To meet the 30 minutes reserve requirement in 14 CFR 91.151, sUAS flights could 

not be conducted. Given the limitations on the sUASs proposed flight area and the location of 

its proposed operations within a predetermined area, a safety margin based on a reserve 
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amount of battery life is needed.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be conducted onsite without significant transit time by the sUAS. All flights will be planned to terminate with 

no less than 20% reserve battery power still available. This restriction would be more than 

adequate to safely return the sUAS to its planned landing zone from anywhere in the area of 

operation. The fuel requirement guidelines of Section 91.151(a) were intended to alleviate 

risks for larger manned aircraft that could operate great distances from suitable landing areas. 

Due to the limited distance the sUASs can fly, the small size of the operations area, and all 

operations being conducted within visual line-of-site, the sUASs maintain the ability to 

quickly return to their point-of-origin when necessary. 

H. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections

Pinnacle is seeking an exemption from the maintenance inspection requirements contained in 

14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 CFR Part 43. 14 CFR 91.405(a) 

states that each owner or operator of an aircraft "shall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ...have 

discrepancies repaired as prescribed in part 43 of this chapter". Part 43 and these sections 

only apply to aircraft with an airworthiness certificate; therefore an exemption to these 

regulations is needed, as the sUASs Pinnacle operates will not posses an airworthiness 

certificate.

Equivalent Level of Safety

Maintenance and inspections will be performed in accordance with the enclosed Pinnacle 

Operations Manual and the sUASs User’s Manuals, therefore ensuring an equivalent level of 

safety. As provided in the Operations Manual, Pinnacle will perform required maintenance, 

keep a log of any maintenance performed, and the operator will confirm that the sUAS is in 

working order prior to initiating flight. 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. Due to the sUASs size and carrying capacity, and the fact that 

flight operations will only take place in restricted areas for limited periods of time, if a 

mechanical issue arises it creates less risk than that associated with conventional aircraft

performing the same operation.

VI. Public Interest

Public interest is furthered with granting Pinnacle’s exemption request. Congress’s national
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policy favors early integration of UAS into the national airspace in controlled, safe working 

environments such as those proposed in this petition. Pinnacle’s goals are to help facilitate and 

promote the safe integration of sUASs into the NAS, while providing education and awareness

of sUAS operations and capabilities. The following is not an exhaustive list of areas of interest:

• Movies and Videography

Small-unmanned aerial systems provide unparalleled capability in their ability to quickly 

adapt to any situation. Unlike traditional filming methods that can require excessive 

amounts of time to change camera angles for different views, sUASs are light, stabilized 

platforms that can quickly maneuver through the air into position for capturing every 

angle in high definition video. 

• Newsgathering

Helicopters have been utilized in newsgathering for many years. They have provided the 

ability to easily maneuver into positions that allow for multiple viewing angles of a 

scene. However, the technology has now progressed to allow for much smaller, cost 

effective sUAS aircraft to capture breaking news with much less risk to persons or 

property. Since sUAS are dramatically smaller in size and weight in comparison to 

manned aircraft, carry no fuel, and operate within sterilized areas, they provide an 

increased margin of safety that is unrivaled. 

• Real Estate

Real estate is an area that sUAS platforms have grown in popularity. Whether the real 

estate professional is listing commercial or residential properties, the sUAS enables them 

to capture dramatic shots for each property that would otherwise require costly and noisy 

helicopter operations. In addition to being able to capture spectacular exterior photos and 

video, Pinnacle’s sUAS platforms possess internal sensors for stabilization while 

operating in areas where a GPS signal is not available. This adaptability gives real estate 

professionals a high quality, cost effective, safe, and simple solution to an otherwise 

costly and neighborhood-disrupting endeavor. 

• Search and Rescue/First Responders

Search and rescue/first responder personnel will also benefit from sUASs capabilities of 

real-time video and surveys that Pinnacle provides. The sUASs ability to inspect 

dangerous or unstable areas without placing personnel at risk is monumental in saving 

lives. In addition, the sUASs can survey large areas of land to identify areas of interest at 

an expedited rate when compared to search and rescue personnel on foot. The sUAS 

excels over traditional manned aircraft during these instances in both cost and the safety 

of personnel on the ground. 
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• Law Enforcement

Small-unmanned aerial systems are designed for rapid deployment and covering specific 

areas of interest; these are key components for law enforcement officers. Recent 

developments in sUAS platforms are allowing for easy transition between HD photos and 

video. Utilizing a sUAS would prove useful by increasing officer safety when 

identifying areas of interests with potential threats as well as accident scene 

investigations and monitoring undercover operations from greater distances.

• Agriculture and Conservation

Pinnacle will demonstrate to farmers the advancements in agriculture analysis that a sUAS 

can provide in soil property and moisture analysis, plant counting, crop stress analysis, 

erosion analysis, 3D mapping, and other areas of agricultural land management. The 

sUAS can fly pre-programmed missions that allow the operator to gather precise data. 

While the sUAS is in flight, the pilot can assume full control to inspect areas of interest. 

Once it has been examined, the sUAS will resume its flight plan from the last point 

analyzed. Equipped with an IR camera, the sUAS can also provide farmers with real time 

video of locations of wildlife that potentially threaten their crops. 

VII. Privacy

All flights will be conducted in accordance with any state, federal, or local laws regarding 

privacy. Pinnacle has inserted a section into its Operations Manual to protect the public privacy. 

There is great concern to maintain an expected level of public privacy during the use of sUASs. 

Guidelines in the Operations Manual outline Pinnacle’s policy in notification of residential 

property owners, businesses, and other organizations when sUAS operations will be conducted in 

their area. 

VIII. Federal Registry Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal 

Register, should it be deemed that publication is needed:

Pinnacle Unmanned Aerial Systems, LLC, seeks an exemption from the following rules:

14 CFR Part 61.113 (a) and (b); 14 CFR 91.103; 14 CFR 109(a); 14 CFR 91.113; 14 CFR 

91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 

91.409 (a)(2); 14 CFR 91.417 (a) and (b).
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IX. Conclusion

In meeting the criteria provided in Section 333 of the Reform Act of 2012, considering the size, 

speed, capabilities, utilization of visual line-of-sight, and operating constraints around controlled 

airspace and populated areas, Pinnacle has demonstrated justification for the grant of the 

requested exemptions to operate sUASs in the defined areas. Approval of this exemption request 

will allow Pinnacle Unmanned Aerial Systems, LLC, to conduct commercial operations with 

small-unmanned aerial systems. Due to each of the sUASs size, weight, lack of flammable fuel, 

and lack of passengers or crew on board, the risk to the general public and property owners are 

virtually eliminated. 

If you have any questions or require any additional information, please do not hesitate to call.

Regards,

______________________________________________________________________________________________________________________________________________________________________________________________________________________

Cody Shehane, President

Pinnacle Unmanned Aerial Systems, LLC

Cell Phone: 817-888-0723

Email: Cody@PinnacleUAS.com 

Attachments:

Pinnacle Unmanned Aerial Systems Operations Manual

DJI Inspire 1 Quick Start Guide V1.2

DJI Inspire 1 User Manual V1.2

DJI Phantom 3 Quick Start Guide V1.0

DJI Phantom 3 Professional User Manual V1.0

eBee Sensefly Technical Specifications 

The above are submitted as Confidential Documents under 14 C.F.R. § 11.35(b) and exempt 

from disclosure under the Freedom of Information Act, 5 U.S.C. § 552 et seq., and any other

requirements established by the FAA pursuant to Section 333 of the Reform Act.