January 5, 2016 Mike Conroy

 (VP of Operations)

Mr. James Williams Level 10 Construction

Manager, Flight Standards Service 12555 High Bluff Dr., Suite 250

Unmanned Aircraft Systems Integration Office San Diego, CA 92130

Federal Aviation Administration (858) 939-9780

800 Independence Avenue, SW mconroy@level10gc.com

Washington, DC 20591 www.level10gc.com

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE.

Washington, DC 20590 

Re: Request for exemption from multiple regulatory provisions to allow the use of small unmanned aerial systems 

on land controlled by clients of Level 10 Construction (Level 10) to assist in the safe evaluation of infrastructure and 

operations for our clients through aerial data collection.

UAS:

(DJI Phantom 2 Vision +)

Supported Battery DJI 5200mAh LiPo Battery

Weight (Battery & Propellers included) 1242g

Max Yaw Angular Velocity 200°/s

Max Tiltable Angle 35°

Max Ascent / Descent Speed Ascent: 6m/s; Descent: 2m/s

Max Flight Speed 15m/s (Not Recommended)

Diagonal motor-motor distance 350mm

March 11, 2016
Regulatory Provisions from which Level 10 seeks an Exemption

Level 10 Construction believes it may need an exemption from the following provisions 

to conduct the contemplated operations. In some instances, relief is needed because relief from 

another provision renders compliance with the regulation at hand infeasible. 

 333 Aircraft Exemption Status

 14 C.F.R. - 61.23

 14 C.F.R. - 61.101 (e)(4) and (5)

 14 C.F.R. - 61.113 (a)

 14 C.F.R. - 91.7 (a) 

 14 C.F.R. - 91.119 (c)

 14 C.F.R. - 91.121

 14 C.F.R. - 91.151 (a)(1)

 14 C.F.R. - 91.405 (a)

 14 C.F.R. - 91.407 (a)(1)

 14 C.F.R. - 91.409 (a)(1) and (2)

 14 C.F.R. - 91.417 (a) and (b)

Level 10 believes an exemption is only needed from the above-listed regulatory 

provisions. To the extent that the FAA believes that additional relief is required for Level 10 to 

conduct the operations described here, we request an exemption from any such regulatory 

provisions as well. 

For example, 14 C.F.R. §91.417(a) imposes certain maintenance record keeping 

requirements “as applicable”. Since none of the underlying requirements (e.g., inspection 

intervals) can be met and will require an exemption, Level 10 believes a separate exemption 

should not be required for §91.417(a).

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 

under § 40101 of the Act that includes UAS’s, from the requirement that all civil aircraft must 

have a current airworthiness certificate.

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

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title if 

the Administrator finds the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49 

U.S.C. § 44711(b).
Background Information 

Level 10 is in the business of construction, a general contractor based in California. Level 10 is 

known for our comprehensive safety program that is integrated fully in all phases of our projects, 

from conception to completion. We have developed specific Level 10 Safe UAS Operational 

Procedures. Increasingly, we look to provide our clients with aerial photography and 

videography, expanding quality and control throughout our construction processes and ensuring 

better safety practices toward our clients and employees.

Operating Documents

Level 10 will operate only within the limitations below and also under the Phantom 2 Vision+ 

User’s Manual.

Granting an exemption will not adversely affect safety. 

Level 10 contemplates conducting sUAS operations over client owned or controlled land, solely 

during daylight hours, at altitudes well below that which would pose a risk to other aircraft. In 

general, sUAS operations are intended to be conducted in areas distant from both congested 

areas and airports. Moreover, because of the inherent risks presented by standard infrastructure 

operations, our clients have already taken steps to secure property against unauthorized public 

access. For example, jobsite locations are generally fenced, elevated, or otherwise secured to 

prevent access. The nature of operations anticipated by Level 10 requires that the sUAS be flown 

at relatively low altitudes and relatively low speeds. Level 10 expects that in most instances, the 

sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS. 

Accordingly, the risk of interference with another aircraft is minimal. Level 10 also plans to 

conduct sUAS operations at least three miles from any public airports (including heliports). In 

the unlikely event an operation needs to be conducted closer to an airport, Level 10 will inform 

the airport operator and airport air traffic control tower of the contemplated operation and will 

comply with any directions issued by air traffic control at that airport.

Approval of exemptions allowing commercial operations of sUASs in the infrastructure aerial 

inspection industry will enhance safety by reducing risk. Conventional operations, using jet or 

piston power aircraft, operate at extremely low altitudes just feet from the subject being 

inspected and in extreme proximity to people and structures; and present the risks associated 

with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or 

other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the inspection site. 

In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all 

of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is 

carried to the inspection site. The sUAS will carry no passengers or crew and, therefore, will not 

expose them to the risks associated with manned aircraft flights. 

In accordance with our insurance policy, Level 10 intends to use a trained and dedicated staff for 

sUAS operations. All operations will be within visual line-of-sight (i.e., no more than 

approximately 0.5 miles from the manipulator of the controls, or pilot in command (PIC)). Each 
PIC will conduct at least three take-offs and landings with the sUAS on which he or she is 

trained every 90 days. Depending on the type of operation, additional ground-based visual 

observers may be employed as well. These observers will be within constant visual line of sight 

and in constant contact with the PIC. The visual observers will assist the PIC in avoiding objects 

near the sUAS, similarly to how we conduct “blind” crane pick safety procedures.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including 333 Aircraft Exemption Status exempting the applicant from 

conventional aircraft requirements and allowing commercial operations. These lightweight 

aircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a 

result, are far safer than conventional operations conducted with turbine helicopters operating in 

close proximity to the ground and people. The safety of those on the ground is protected by the 

fact that no one will be allowed into the area without the permission of the company. Security 

will be established for the flight area as part of the pre-flight control. Each individual within the 

secure area will be briefed prior to flight and will consent to being in the area. All others will be 

excluded from the area.

§61.23 Medical certificates: Requirement and duration.

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this 

section, a person—

(1) Must hold a first-class medical certificate:

(i) When exercising the pilot-in-command privileges of an airline transport pilot certificate;

(ii) When exercising the second-in-command privileges of an airline transport pilot certificate in a 

flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or

(iii) When serving as a required pilot flightcrew member in an operation conducted under part 121 

of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

(i) Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter 

(other than operations specified in paragraph (a)(1)(ii) of this section); or

(ii) Privileges of a commercial pilot certificate; or

(3) Must hold at least a third-class medical certificate—

(i) When exercising the privileges of a private pilot certificate;

(ii) When exercising the privileges of a recreational pilot certificate;

(iii) When exercising the privileges of a student pilot certificate;

(iv) When exercising the privileges of a flight instructor certificate and acting as the pilot in 

command;

(v) When exercising the privileges of a flight instructor certificate and serving as a required pilot 

flight crewmember;

(vi) When taking a practical test in an aircraft for a recreational pilot, private pilot, commercial pilot, 

or airline transport pilot certificate, or for a flight instructor certificate; or

(vii) When performing the duties as an Examiner in an aircraft when administering a practical test or 

proficiency check for an airman certificate, rating, or authorization.

(c) Operations requiring either a medical certificate or U.S. driver's license. (1) A person must hold 

and possess either a medical certificate issued under part 67 of this chapter or a U.S. driver's license 

when—

(i) Exercising the privileges of a student pilot certificate while seeking sport pilot privileges in a 

light-sport aircraft other than a glider or balloon;
(ii) Exercising the privileges of a sport pilot certificate in a light-sport aircraft other than a glider or 

balloon;

(iii) Exercising the privileges of a flight instructor certificate with a sport pilot rating while acting as 

pilot in command or serving as a required flight crewmember of a light-sport aircraft other than a glider or 

balloon; or

(iv) Serving as an Examiner and administering a practical test for the issuance of a sport pilot 

certificate in a light-sport aircraft other than a glider or balloon.

(2) A person using a U.S. driver's license to meet the requirements of this paragraph must—

(i) Comply with each restriction and limitation imposed by that person's U.S. driver's license and 

any judicial or administrative order applying to the operation of a motor vehicle;

(ii) Have been found eligible for the issuance of at least a third-class airman medical certificate at 

the time of his or her most recent application (if the person has applied for a medical certificate);

(iii) Not have had his or her most recently issued medical certificate (if the person has held a 

medical certificate) suspended or revoked or most recent Authorization for a Special Issuance of a 

Medical Certificate withdrawn; and

(iv) Not know or have reason to know of any medical condition that would make that person unable 

to operate a light-sport aircraft in a safe manner.

(d) Duration of a medical certificate. Use the following table to determine duration for each class of 

medical certificate:

If you hold

And on the date of

examination for 

your most recent 

medical certificate 

you were

And you are conducting an operation

requiring

Then your medical 

certificate expires, for 

that operation, at the 

end of the last day of the

(1) A firstclass medical 

certificate

(i) Under age 40 an airline transport pilot certificate for pilot-in-command 

privileges, or for second-in-command privileges in a flag or 

supplemental operation in part 121 requiring three or more 

pilots

12th month after the 

month of the date of 

examination shown on 

the medical certificate.

 (ii) Age 40 or 

older

an airline transport pilot certificate for pilot-in-command 

privileges, for second-in-command privileges in a flag or 

supplemental operation in part 121 requiring three or more 

pilots, or for a pilot flightcrew member in part 121 

operations who has reached his or her 60th birthday.

6th month after the 

month of the date of 

examination shown on 

the medical certificate.

 (iii) Any age a commercial pilot certificate or an air traffic control tower 

operator certificate

12th month after the 

month of the date of 

examination shown on 

the medical certificate.

 (iv) Under age 

40

a recreational pilot certificate, a private pilot certificate, a 

flight instructor certificate (when acting as pilot in 

command or a required pilot flight crewmember in 

operations other than glider or balloon), a student pilot 

certificate, or a sport pilot certificate (when not using a U.S. 

driver's license as medical qualification)

60th month after the 

month of the date of 

examination shown on 

the medical certificate.

 (v) Age 40 or 

older

a recreational pilot certificate, a private pilot certificate, a 

flight instructor certificate (when acting as pilot in 

command or a required pilot flight crewmember in 

operations other than glider or balloon), a student pilot 

certificate, or a sport pilot certificate (when not using a U.S. 

driver's license as medical qualification)

24th month after the 

month of the date of 

examination shown on 

the medical certificate.

(2) A second- (i) Any age an airline transport pilot certificate for second-in-command 12th month after the 
class medical 

certificate

privileges (other than the operations specified in paragraph 

(d)(1) of this section), a commercial pilot certificate, or an 

air traffic control tower operator certificate

month of the date of 

examination shown on 

the medical certificate.

 (ii) Under age 

40

a recreational pilot certificate, a private pilot certificate, a 

flight instructor certificate (when acting as pilot in 

command or a required pilot flight crewmember in 

operations other than glider or balloon), a student pilot 

certificate, or a sport pilot certificate (when not using a U.S. 

driver's license as medical qualification)

60th month after the 

month of the date of 

examination shown on 

the medical certificate.

 (iii) Age 40 or 

older

a recreational pilot certificate, a private pilot certificate, a 

flight instructor certificate (when acting as pilot in 

command or a required pilot flight crewmember in 

operations other than glider or balloon), a student pilot 

certificate, or a sport pilot certificate (when not using a U.S. 

driver's license as medical qualification)

24th month after the 

month of the date of 

examination shown on 

the medical certificate.

(3) A thirdclass medical 

certificate

(i) Under age 40 a recreational pilot certificate, a private pilot certificate, a 

flight instructor certificate (when acting as pilot in 

command or a required pilot flight crewmember in 

operations other than glider or balloon), a student pilot 

certificate, or a sport pilot certificate (when not using a U.S.

driver's license as medical qualification)

60th month after the 

month of the date of 

examination shown on 

the medical certificate.

 (ii) Age 40 or 

older

a recreational pilot certificate, a private pilot certificate, a 

flight instructor certificate (when acting as pilot in 

command or a required pilot flight crewmember in 

operations other than glider or balloon), a student pilot 

certificate, or a sport pilot certificate (when not using a U.S. 

driver's license as medical qualification)

24th month after the 

month of the date of 

examination shown on 

the medical certificate.

***** Exemption # 11224, granted to NextEra Energy, Inc., provided that a U.S. driver’s license 

could be used in lieu of the medical certificate.

§61.101 Recreational pilot privileges and limitations.

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in 

command of an aircraft—

(4) For compensation or hire;

(5) In furtherance of a business;

*****See below

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a 

private pilot certificate may act as 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.
*****Level 10 anticipates initially using a cadre of in-house specially trained staff to conduct the 

sUAS operations. Some of these individuals will not hold commercial pilot licenses. The sUAS 

will not carry property for compensation or hire since they will be used solely to assist in 

evaluation of jobsites and structures. The employees’ operation of the sUAS will be incidental to 

their employment with Level 10, and they will not be compensated for such work. Without an 

exemption, the pilot would be required to hold a commercial pilot certificate under §61.133. 

However, the risk associated with the contemplated operations is less than the risk posed by a 

traditional aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil 

aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole 

control of Level 10 clients.

§91.7 Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

*****Level 10’s request is based on the fact that no airworthiness certificate will be issued for 

the UAS. Level 10’s UAS will not require an airworthiness certificate in accordance with 14 

CFR part 21, Subpart H. 

§91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes:

(b) 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.

*****Level 10 submits that the only relief it requires from §91.119 is from the minimum 

altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations 

because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be 

meaningful. Since operations at this altitude also pose a heightened risk of collision with another 

aircraft, safety can only be assured through the grant of an exemption. The anticipated rotorcraft 

operations should be adequately addressed by paragraph (d) (1). Additionally, relief should not 

be needed from paragraph (a) because an emergency landing of the aircraft due to a power 

failure will not create an undue hazard to persons or property on the surface. As noted in the 

explanation of why an exemption will not adversely affect safety, Level 10 clients have 

exclusive use of the land over which the sUAS will be operated. As such, the risk of injury is 

minimal. Level 10 does not contemplate conducting operations over congested areas, so relief is 

not requested from paragraph (b).
§91.121 Altimeter settings.

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of 

the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current 

reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an 

appropriate altimeter setting available before departure; or

(2) At or above 18,000 feet MSL, to 29.92′′ Hg.

(b) The lowest usable flight level is determined by the atmospheric pressure in the area of operation 

as shown in the following table:

Current altimeter setting Lowest usable flight level

29.92 (or higher) 180

29.91 through 29.42 185

29.41 through 28.92 190

28.91 through 28.42 195

28.41 through 27.92 200

27.91 through 27.42 205

27.41 through 26.92 210

(c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the minimum flight level, 

the pilot shall take the flight level equivalent of the minimum altitude in feet and add the appropriate 

number of feet specified below, according to the current reported altimeter setting:

Current altimeter setting Adjustment factor

29.92 (or higher) None

29.91 through 29.42 500

29.41 through 28.92 1,000

28.91 through 28.42 1,500

28.41 through 27.92 2,000

27.91 through 27.42 2,500

27.41 through 26.92 3,000

*****As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on 

the GPS altitude indicator before flight. Altitude information will be provided to the sUAS pilot 

via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground-based 
on-screen display. This altitude information will be generated by equipment installed on board 

the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio 

altimeter, or any combination thereof. 

§91.151 Fuel requirements for flight in VFR conditions.

(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 30 minutes; 

*****Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does 

not raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in 

the event it has to be flown to an alternate airport or circle the planned airport in the event of 

unanticipated conditions. Level 10 does not intend to use the sUAS for point-to-point flights and 

will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in 

order to land. Rather, Level 10 will operate the sUAS using pre-planned flight paths (taking into 

account weather conditions) designed to allow the sUAS to fly to the point of intended landing. 

As such, there is no need for a time-based excess fuel requirement. Rather it should be sufficient 

to require only as much additional excess flight capacity as necessary to safely land the sUAS. 

We believe that a 25% battery reserve is more than sufficient to meet this objective. In addition, 

the DJI Phantom 2 Vision + has an auto return function that allows the sUAS to return to the 

pilot safely, when on low battery.

§91.405 Maintenance required.

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter;

*****See below

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, 

rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under §43.7 of this chapter; 

*****See below

§91.409 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 

chapter.

*****See below
§91.417 Maintenance records.

(a) Except for work performed in accordance with §§91.411 and 91.413, 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; and

(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 information:

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

(ii) The current 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 current 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.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for 

each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety 

directive involves recurring action, the time and date when the next action is required.

(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)(1) 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.

***** Level 10 believes that an exemption from these four maintenance requirements is 

appropriate because the FAA has not developed maintenance standards that would allow an 

operator to meet the part 91 maintenance requirements. In particular, there are no individuals 

authorized by the FAA to approve a sUAS for return to service under §91.407(a)(1) or to 

conduct the initial airworthiness and annual return to service inspections required by 

§91.409(a)(1) and (2). Level 10 will maintain the aircraft as instructed in the owner’s manual and 

ASTM F2909, where applicable, and will not operate the aircraft until it has reasonably 

determined that any needed repairs have been made. However, because of the technical 

impossibility of meeting the requirements of §§91.405(a), 407(a)(1), 409(a)(1) and (2), and 

417(a) and (b), we believe an exemption from these provisions is appropriate.

The operation of Level 10 Construction using a small UAS, weighing less than 55 lbs., 

conducted under the proposed restrictions outlined above, will provide an equivalent level of 
safety supporting the grant of the exemptions requested herein. If I can be of any assistance to 

further expedite this petition, please do not hesitate to contact me at (858) 531-7058 or at my 

email mconroy@level10gc.com.

Respectfully submitted, 

___________________________

Mike Conroy, Vice President of Operations

Mike Conroy