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©2015 SITECH South. All Rights Reserved.

www.sitechsouth.com 404-505-8181

U.S.	Department	of	Transportation 							February	4,	2016

Docket	Management	System

1200	New	Jersey	Ave,	SE

Washington,	DC	20590

Re:	Request	for	exemption	under	section	333	of	the	FAA	Modernization	and	Reform	Act	of	

2012	and	Part	11	of	the	Federal	Aviation	Requirements.

Name	and	Address	of	Petitioner:

David	Schoentag

SITECH	South

5375	Oak	Dale	Road	SE

Smyrna,	Georgia	30082

770-547-5985	(Cell)

404-505-8181	(Office)

dschoentag@sitechsouth.com

Dear	Sir	or	Madam:

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	“Reform	

Act”)	and	14	C.F.R.	Part	11,	SITECH	South,	seeks	an	exemption	from	the	Federal	Aviation

Regulations	in	order	to	operate	Unmanned	Aircraft	Systems	so	long	as	operations	are	

conducted	within	and	under	the	conditions	outlined	herein	or	as	may	be	established	by	the	

FAA	as	required	by	Section	333.

Scope	of	Operations

SITECH	South	offers	advanced	construction	solutions	for	the	heavy	and	highway	

construction,	civil	construction,	asset	tracking,	and	jobsite	positioning	in	Alabama,	Georgia,	

Northwest	Florida,	and	South	Florida.	SITECH	South	will	operate	UAV,UAS	systems	

manufactured	by	senseFly,	DJI,	and	Trimble	Navigation	in	order	to	conduct	demonstrations	

for	potential	sales	of	said	systems	to	conduct	imaging	safety	and	monitoring	of	secured	and	

controlled	construction	sites.	

The	requested	exemption	would	permit	SITECH	South	to	commercially operate	the	listed	

UAS,	UAV	systems	to	provide	aerial	and	imagery	solutions	to	the	heavy	civil	and	

construction	business.	In	turn,	SITECH	South	will	help	to	facilitate	a	more	streamlined	

construction	effort	by	the	companies	that	choose	to	purchase	the	equipment.	This	will	make	

for	a	more	efficient	and	faster	construction	process	impacting	the	community	in	which	

construction	projects	are	taking	place.

Characteristics	of	the	Aircraft

sensefly	eXom

 Type	- V-shaped	quadcopter

 Weight	– 3.7	lb	(1,7	kg)

 Wingspan – N/A
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 Wing	Area	– N/A

 Material	– Composite	body,	moulded	carbon	fibre	arms	and	legs,	precisionmolded	magnesium	frame,	precision-molded	injected	plastic

 Propulsion	– 4	electric	brushless	motors

 Battery	– LiPo,	3	cell,	8500	mAh

 Camera	– 38	MP,	mechanical	shutter	DNG

sensefly	eBee

 Type	– Fixed	Wing	(detachable	wings)

 Weight	– 1.52	lb	(0.69	kg)

 Wingspan	– 38	in	(96	cm)

 Wing	Area	– N/A

 Material	– EPP	foam,	carbon	structure	and	composite	parts

 Propulsion	– Electric	pusher	propeller,	160	W	brushless	DC	motor

 Battery	– 11.1V,	2150	mAh

 Camera	– WX	(18.2	MP)

Trimble	UX5

 Type	– Fixed	Wing

 Weight	– 5.5	lb	(2,5	kg)

 Wingspan	– 39.4	in	(100cm)

 Wing	Area	– 34	dm2

 Material	– EPP	foam;	carbon	frame	structure;	composite	elements

 Propulsion	– Electric	pusher	propeller;	brushless	700W	motor

 Battery	– 14.8	V,	6000	mAh

 Camera	– 24	MP	mirrorless	APSC

Trimble	ZX5

 Type	– Rotary	Wing

 Maximum	Takeoff	Mass	- 5 kg (11lb)

 Wingspan	– N/A

 Wing	Area	– N/A

 Material	– Carbon	frame	structure

 Propulsion	– Electric	pusher	propeller;	6	brushless	motor

 Battery	– 2x	6600	mAh	14.8V

 Camera	– 16	MP	with	interchangeable	14mm	lens

DJI	Phantom	3

 Type	– Rotary	Wing

 Weight	– 2.82	lb	(1280	grams)

 Diagonal	Size	(including	propellers)		- 1.94	feet	(590mm)

 Material	– Composite	Materials
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 Propulsion	– Brushless	Motor

 Battery	- LiPo	4S,	15.2	V,	4480	mAh

 Camera	- Sony	EXMOR	1/2.3”	Effective	pixels:	12.4	M	(total	pixels:	12.76	

M)

Regulations	from	which	the	exemption	is	requested:

 14	CFR	Part	21,	Subpart	H

 14	CFR	45.23	(b)

 14	CFR	61.113	(a)	&	(b)

 14	CFR	91.7	(a)

 14	CFR	91.9	(b)

 14	CFR	91.103	(b)

 14	CFR	91.109

 14	CFR	91.119

 14	CFR	91.121

 14	CFR	90.151	(a)

 14	CFR	91.203	(a)	&	(b)

 14	CFR	91.405	(a)

 14	CFR	91.407	(a)

 14	CFR	91.409	(a)(1)	&	(2)

 14	CFR	91.417	(a)	&	(b)

 14	CFR	Title	14	Chapter	1	Subchapter	D	Parts	60-67	– 61.1	to	61.429

Description	of	Specific	Regulations:

14	CFR	Part	21,	Subpart	H Airworthiness	Certificates – The	Federal	Aviation	Act	and	

section	333	of	the	Reform	Act	both	authorize	the	FAA	to	exempt	aircraft	from	the	

requirement	for	an	airworthiness	certificate	upon	careful	consideration	of	the	size,	weight,	

speed,	operational	capability,	and	proximity	to	airports	and	populated	areas.	

The	UAV,	UAS	systems	to	be	operated	are	less	than	6	pounds,	do	not	carry	a	pilot	or	

passenger,	and	carries	no	explosive	or	flammable	materials	or	fuels.	Local	safety	

requirements	are	to	be	observed	at	all	times	to	provide	security for	both	the	operation	of	

the	UAV,	UAS	system	and	proposed	construction	sites.

14	CFR	45.23	(b):	Marking	of	the	Aircraft – This	regulation	requires	certain	experimental,	

provisionally	certificated	aircraft,	or	light	sport	category	aircraft	to	be	marked with	letters	

between	2	inches	and	6	inches	high	“limited”,	“restricted”,	“light-sport”,	“experimental”,	or	

“provisional	near	each	entrance	to	a	cabin,	cockpit,	or	pilot	station.	

Even	though	the	UAV,	UAS	systems	will	have	to	airworthiness	certificate,	an	exemption	may	

be	needed	as	the	UAV,	UAS	system	will	have	no	entrance	to	a	cabin,	cockpit,	or	pilot	station	

on	which	the	word	experimental	can	be	placed.	

14	CFR	61.113	(a)	&	(b)	Private	pilot	privileges	and	limitations:	Pilot	in	Command –

The	regulation	provides	that	no	person	may	serve	as	required	pilot	flight	crewmember	of	a	
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civil	aircraft	of	the	United	states,	unless	the	person:	(1)	has	a	pilot	certificate	or	special	

purpose	authorization	issued	under	this	part	in	that	person’s	physical	possession	or	readily	

accessible.	(2)	The	flight	is	only	incidental	to	that	business	or	employment.	(3)	The	aircraft	

does not	carry	passengers	or	property	for	compensation	or	hire.	

Unlike	commercial	aircraft	the	UAV,	UAS	systems	are	remotely	controlled	and	will	carry	no	

pilot	or	passengers.	The	area	of	operation	is	controlled	and	restricted	and	all	flights	will	be	

planned	and	coordinated	in	advance.	

14	CFR	91.7	(a)	Civil	Aircraft	Worthiness – The	regulation	requires	that	no	person	may	

operate	a	civil	aircraft	unless	it	is in	airworthy	condition.	As	there	will	be	no	airworthy	

certificate	issued	for	the	aircraft,	should	this	exemption	be	granted,	no	FAA	regulatory	

standard	will	exist	for	determining	airworthiness.	All	UAV,	UAS	systems	will	be	checked	

against	a	pre-flight	maintenance	checklist	to	verify	airworthiness.

14	CFR	91.9	(b)	Civil	Aircraft	Flight	Manual	in	the	Aircraft	– The	regulation	provides	

that	no	person	may	operate	an	aircraft	unless	a	current,	approved	flight	manual	is	in	the	

aircraft.	

The	UAV,	UAS	systems	are	too	small	to	carry	flight	manuals	and	the	equivalent	level	of	

safety	will	be	maintained	by	keeping	flight	manuals	at	the	ground	control	point	where	the	

pilot	operating	the	system	will	have	immediate	access.	

14	CFR	91.103	(b)	Preflight	Instruction – The	regulation	requires	each	pilot	in	command	

to	take	certain	actions	before	the	flight	to	ensure	the	safety	of	the	flight.	

The	petitioner	will	take	all	appropriate	preflight	actions	before	initiation	of	the	flight.	

14	CFR	91.109	Flight	Instruction – The	regulation	provides	that	no	person	may	operate	a	

civil	aircraft	that	is	being	used	for	flight	instruction	unless	the	aircraft	has	fully	functioning	

dual	controls.	

The	UAV,	UAS	systems	being	flown	are	remotely	piloted	and	no	dual	control	functionality	

currently	exists.	Flight	control	is	accomplished	via	radio	communication.	The	equivalent	

level	of	safety	is	provided	by	the	fact	that	neither	a	pilot	nor	passenger	will	be	carried	in	in	

the	aircraft	due	to	size	and	speed.	

14	CFR	91.119	Minimum	Safe	Altitudes – The	regulation	provides	that	over	sparsely	

populated	areas	of	the	aircraft	cannot	be	operated	closer	than	500	feet	to	any	person,	

vessel,	vehicle	or	structure.	

This	will	not	always	be	the	case	when	providing	construction	site	surveys	or	property	

survey	flights	because	they	could	be	conducted	over	empty	lots	or	acreages	with	no	

structures.	In	the	case	of	flying	near	or	over	existing	private	property	while	providing	aerial	

imagery	landowners	will	be	notified	in	person	by	the	petitioner.	Due	to	the	size	of	the	UAV,	

UAS	systems	the	associated	risk	to	persons,	vessels	vehicles,	and	structures	in	not	

comparable	to	manned	aircraft.	
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14	CFR	91.121	Altimeter	Settings – The	regulation	requires	that	each	person	operating	an	

aircraft	shall	maintain	the	cruising altitude	or	flight	level	of	the	aircraft	when	operating	

below	18,000	MSL.	

Most	UAV,	UAS	systems	do	not	have	a	barometric	altimeter,	but	instead	a	GPS	altitude	read	

out,	an	exemption	may	be	needed.	

14	CFR	90.151	(a)	Fuel	Requirements	for	Flight	in	VFR	Conditions – The	regulation	

outlines	fuel	requirements	for	beginning	a	flight	in	VFR	conditions.	

The	petitioner	will	not	initiate	a	flight	unless	there	is	enough	power	to	fly	at	normal	cruising	

speed	to	the	intended	landing	point	and	all	flights	will	be	conducted	during	daylight	hours	

and	at	times	so	as	not	to	be	a	bother	to	others.	

14	CFR	91.203	(a)	&	(b)	Carrying	Civil	Aircraft	Certification	and	Registration – The	

regulation	provides	the	following:

 No	person	may	operate	a	civil	aircraft	unless	it	has an	appropriate	and	current	

airworthiness	certificate

 No	person	may	operate	a	civil	aircraft	unless	the	airworthiness	certificate	required	

by	paragraph	(a)	of	this	section	or	a	special	flight	authorization	issued	under	19.715	

is	displayed	at	the	cabin	or	cockpit	entrance	so	that	is	it	legible	to	passengers	and	

crew

An	equivalent	level	of	safety	will	be	achieved	by	keeping	these	documents	at	the	ground	

flight	control	point	where	the	pilot	operating	the	UAV,	UAS	systems	will	have	immediate	

access.	

14	CFR	91.405	(a)	Maintenance	Inspections – The	regulation	requires	that	each	owner	or	

operator	of	an	aircraft	shall	have	the	aircraft	inspection	as	prescribed	in	subpart	E	of	this	

part	and	shall	between	required	inspections,	expect	as	provided	in	paragraph	(c)	of	this	

section,	have	discrepancies	repaired	as	prescribed	in	part	43	of	this	chapter.

The	petitioner	will	inspect	the	UAV,	UAS	system	prior	to	each	flight.	The	petitioner	will	

follower	the	manufacturer’s	preflight	checklist	and	make	any	repair	necessary	prior	to	each	

flight.	The	petitioner	shall	also	maintain	a	log	of	repairs	and	maintenance.	

14	CFR	91.407	(a)	Maintenance – The	regulation	states	that	operation	after	maintenance,	

preventative	maintenance,	rebuilding	or	alteration:	(a)	No	person	may	operate	any	aircraft	

that	has	undergone	maintenance,	preventative	maintenance,	rebuilding,	or	alterations	

unless	(1)	it	has	been	approved	for	return	to	service	by	a	person	authorized	under	43.7	of	

this	chapter.	

The	petitioner	has	the	responsibility	for	the	operation	and	safety	of	the	UAS	will	follow	the	

manufacturer’s	suggested	replacement	parts.	

14	CFR	91.409	(a)(1)	&	(2)	Inspections	–- (a)	Except	as	provided	in	paragraph	(c)	of	this	

section,	no	person	may	operate	an	aircraft	unless,	within	the	preceding	12	calendar	months,	

it	has	had	(1)	an	annual	inspection	in	accordance	with	part	43	of	this	chapter	and	has	been	

approved	for	return	to	service	by	a	person	authorized	by	43.7	of	this	chapter;	or	(2)	An	

inspection	for	the	issuance	of	an	airworthiness	certificate	in	accordance	with	part	21	of	this	
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chapter.	No	inspection	performed	under	paragraph	(b)	of	this	section	may	be	substituted	

for	any	inspection	required	by	this	paragraph	unless	it	is	performed	by	a	person	authorized	

to	perform	annual	inspections	and	is	entered	as	an	"annual"	inspection	in	the	required	

maintenance	records.

The	Petitioner	will	follow	manufacturer's	suggestions	to	ensure	that	the	UAS	is	in	a	

condition	for	safe flight	at	all	times.

14	CFR	91.417	(a)	&	(b)	Maintenance	Records - Except	for	work	performed	in	

accordance	with	91.411	and	91.413	each	registered	owner	or	operator	shall	keep	the	

following	records	(l)(i)	(ii)(iii)	(2)(i)(ii)(iii)(iv)(v)(vi)	for	the	periods	specified	in	paragraph	

(b)	of	this	section:	(	1)	(2)	(3)

The	Petitioner	will	keep	a	record	of	all	repairs	and	modifications.	The	Petitioner	also	

proclaims	to	use	approved	manufactured	parts	for	all	repairs	and	modifications.

14	CFR	Title	14	Chapter	1	Subchapter	D	Parts	60	thru	67	– 61.1	to	61.429	Pilot	

Certification - This	section	pertains	to	flight	rules,	pilot	certificate	requirements,	manuals,	

etc.

The	petitioner	believes	that	these	requirements	are	unnecessary	for	pilot	controlled	drone	

flights	and	current	FSS	proposals	have	omitted	this	as	a	future	requirement	for	small	UAS's.

I,	David	Schoentag,	the	petitioner	on	behalf	of	SITECH	South,	request	an exemption from	the	

above	mentioned	Federal	Aviation	Regulations	in	order	to	legally	operate	UAV,	UAS	systems	

in	the	National	Airspace	System	in	order	to	conduct	imaging	for	demonstration,	safety,	and	

monitoring	of	controlled	construction	sites.	

Sincerely,

David	Schoentag

SITECH	South

5375	Oak	Dale	Road	SE

Smyrna,	Georgia	30082

770-547-5986	(Cell)

404-505-8181	(Office)

dschoentag@sitechsouth.com