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March 03, 2015 

US Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

Dear Sir or Madam: 

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

the Lyle Company hereby requests an exemption from the Federal Aviation Regulations outlined 

below. The Lyle Company requests exemption in order to allow its use of the DJI Inspire 1 

Unmanned Aerial System (UAS) in commercial operations for purposes of aerial photo and 

video of unmanned wireless facilities, so long as such operations are conducted within and under 

the conditions and limitations outlined herein or as may be established by the FAA as required 

by Section 333. 

NAME AND ADDRESS OF THE PETITIONER 

The Lyle Company 

Attn: Matt Johnson, Director 

3140 Gold Camp Drive #30 

Rancho Cordova, CA 95670 

Phone: 916-266-7019 

Email: mjohnson@lyleco.com 

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED 

14 CFR § 61.113(a) & (b) 

14 CFR § 91.7(a) 

14 CFR § 91.119(c) 

14 CFR § 91.151(a) 

14 CFR § 91.405(a) 

14 CFR § 91.407(a) (1) 

14 CFR § 91.409(a) (1) & (2) 

14 CFR § 91.417(a) & (b) 

The Petitioner also requests exemption from any other regulations the FAA deems necessary in 

order to operate the UAS as described herein. 
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The Lyle Company 

During the past 25 years Lyle has been a leading Solutions Partner of the wireless 

industry. We provide solutions for the Wireless Industry’s Network and Infrastructure needs 

including Strategic Site Development, Collocation Management, Portfolio Optimization, 

Auditing and Data Management, and Professional Services. In an effort to stay ahead of our 

client’s needs Lyle continuously looks to provide the most time and cost efficient services to 

serve our clients. Utilizing new technology is an important part of remaining viable in the ever 

changing business sector. 
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I. DESCRIPTION OF ACTIVITIES 

The Lyle Company wishes to use the DJI Inspire 1 UAS for commercial photography and 

videography of cell phone towers under controlled conditions in airspace that is limited, 

predetermined and access-controlled. The Lyle Company wishes to have authorized employees 

be the Pilot in Command (PIC) of a UAS system in order to photograph and map equipment on 

towers. Using a UAS system in place of physically climbing a tower would significantly increase 

the safety of not only the qualified employee, but the general public as well. According to AGL 

magazine, “In 2013 thirteen climbers lost their lives in this industry and in 2014, another twelve” 

(Bishop, 2014). Tower climbers run the risk of accidently dropping tools and equipment from 

the tower, which could pose an immediate threat to individuals below. This risk is greatly 

reduced when a UAS system is used in place of climbing a tower. 

 By operating a small, lightweight aircraft under a strict set of limitations, the Lyle 

Company will be able to operate UAS in the National Airspace System (NAS) while satisfying 

the FMRA § 333 requirement to achieve an equivalent level of safety when compared to 

traditional aircraft. The Lyle Company further believes that its proposed operations will actually 

increase the level of safety when compared to traditional, manned aircraft carrying combustible 

fuel. 

II. DESCRIPTION OF AIRCRAFT 

The Lyle Company plans to operate a DJI Inspire 1 UAS system. The Inspire 1 is a quad copter 

equipped with retractable landing gear. The DJI Inspire 1 features a flight controller that enables 

the UAS to operate safely if the GPS signal is lost. This UAS also features a low battery failsafe 

that is triggered when the flight battery is depleted to a point that may affect the safe return of the 

aircraft. Users are advised to return home or land the aircraft immediately when these warnings 

are shown. The aircraft will automatically return to the home point if no action is taken after 10 

seconds countdown. The maximum loaded takeoff weight of the DJI Inspire 1 is 6.47 LBS and 

the maximum airspeed (no wind, ATI mode) is 22 m/s. 1

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See DJI Inspire 1 User Manual V1.0 at http://www.dji.com/product/inspire-1/download for complete information 
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III. FAA Regulations and Justification for Exemption 

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

(a) No person who holds a private pilot certificate may act as a PIC of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection 

with any business or employment if— 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

The DJI Inspire 1 UAS that the Lyle Company wishes to operate is small in size, weighs 

less than seven pounds, does not carry any human passengers, and is remotely controlled. The 

level of safety will exceed that provided by an individual holding a commercial pilot’s 

certificate. The Lyle Company PIC will adhere to the requirements outlined in the DJI Inspire 1 

User Manual and will only operate the UAS in visual line-of-sight (VLOS). 

The Lyle Company PIC will satisfy the operator requirements outlined by the FAA in 

which the PIC will: 

o Pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center. 

o Be vetted by the Transportation Security Administration. 

o Obtain an unmanned aircraft operator certificate with a small UAS rating (like existing 

pilot airman certificates, never expires). 

o Pass a recurrent aeronautical knowledge test every 24 months. 

o Be at least 17 years old. 

o Make available to the FAA, upon request, the small UAS for inspection or testing, and 

any associated documents/records required to be kept under the proposed rule. 

o Report an accident to the FAA within 10 days of any operation that results in injury or 

property damage. 

o Conduct a preflight inspection, to include specific aircraft and control station systems 

checks, to ensure the small UAS is safe for operation. 

 The area of operation will be limited to private property owned or leased by the tower 

owner. Cell tower sites are typically located on private property surrounded by a privacy fence 

and are referred to in the industry as “Unmanned Wireless Facilities”. The Lyle Company PIC 

will only operate the UAS at an Unmanned Wireless Facility – a low-risk, controlled 

environment. Because of this limited area of operation and the lightweight nature of the DJI 

Inspire 1, the chances of a crash that could potentially harm individuals will be virtually nonexistent. Therefore, The Lyle Company believes that the additional manned airmanship of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for the 

proposed operations. 
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See the aerial view below of a typical Unmanned Wireless Facility. 

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy 

condition. 

The FAA has found in numerous exemptions that similar UAS operations do not require 

an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. The Lyle Company 

proposes that compliance with its operating documents be a sufficient means for determining an 

airworthy condition. Given the size of the aircraft and the requirements by which the Lyle 

Company has agreed to abide, an equivalent level of safety will be achieved by ensuring 

compliance with the Inspire 1 manual prior to each flight. The FAA has approved similar 

exemptions in 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, and 11153. 

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

operate an aircraft below 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. 

An exemption from section 91.119(c) is necessary because Cell Towers that the aircraft 

inspects will always be less than 500 feet AGL. In addition, the low-altitude operations of the 

UAS will ensure separation between these small-UAS operations and the operations of 

conventional manned aircraft that must comply with Section 91.119. 
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Section 91.151(a) prescribes that no person may begin a flight in an airplane under visual flight 

rules (VFR) conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing and, assuming normal cruising speed— 

(1) During the day, to fly after that for at least 30 minutes; or 

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

Relief from § 91.151(a) is necessary because the DJI Inspire 1 will only operate for 

approximately 18 minutes per charge, making operation of the aircraft impossible under this 

section. Furthermore, the DJI Inspire 1 will only be operated during daytime hours. Safety 

features of the Inspire 1 include low battery blinking lights. These features, teamed with the 

small size and weight of the UAV, should more than achieve an equivalent level of safety. The 

FAA has approved similar exemptions in 2689, 5745, 10650, 10673, 10808, 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, and 11153. 

Section 91.405(a) prescribes, in pertinent part, that each owner of an aircraft 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, Maintenance, Preventive Maintenance, Rebuilding, and Alteration. 

Section 91.407(a)(1) prescribes that no person may operate any aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for 

return to service by a person authorized under § 43.7 of this chapter. 

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

within the preceding 12 calendar months, it has had— 

Section 91.417(a) and (b) prescribe, in pertinent part, that— 

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

in paragraph (b) of this section: 

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

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

for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of 

an aircraft. The records must include— 

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

performed; 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. 
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(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 that 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) 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. 

The Lyle Company requests an exemption to the above inspection/maintenance Federal 

Aviation Regulations (FARs) and proposes the following maintenance/inspection procedures that 

will achieve an equivalent level of safety: 

 

1. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition 

for safe flight. If the inspection reveals a condition that affects the safe 

operation of the UAS, the aircraft will be prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station will be included in the 
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preflight inspection. All maintenance and alterations will be properly 

documented in the aircraft records. 

2. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g. replacement of a flight critical 

component, will undergo a functional test flight. The PIC who conducts the 

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

3. The pre-flight inspection will account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents. 

4. The Lyle Company will follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

5. The Lyle Company will carry out its maintenance, inspections, and record 

keeping requirements, in accordance with the operating documents. 

Maintenance, inspection, alterations, and status of replacement/overhaul 

component parts will be noted in the aircraft records, including total time in 

service, description of work accomplished, and the signature of the authorized 

person returning the UAS to service. 

6. Each UAS operated under the exemption will comply with all manufacturer 

Safety Bulletins. 

7. The authorized person will make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

Adherence to the above procedures, as well as others included in the attached 

documentation (including a preflight checklist) should provide more than an equivalent 

level of safety to the above FARs. The FAA has approved similar exemptions in 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, and 11153. 

IV. Public Interest 

Manned aircraft conducting aerial photography/videography can weigh 6,000 pounds or more 

and contain one or more individuals on board. The Lyle Company’s UAV will weigh less than 7 

pounds and contain no living crew (the PIC and VO being remotely located from the UAV). The 

limited weight significantly reduces the potential for harm to participating and nonparticipating 

individuals or property in the event of an incident or accident. There is no risk to an onboard 

crew while using a UAV. 

Traditional manned aircraft contain highly-flammable fuel and are at risk of fuel spillage and fire 

in the event of an incident or accident. The battery-powered Inspire 1 carries no fuel, eliminating 

this fire and environmental risk. 
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Traditional aerial photography/videography operations using conventional aircraft can operate in 

very close proximity to persons and property on the ground. While the FAA mitigates these 

risks in a variety of ways, the proposed UAS operations would reduce risks even further due to 

the limited size, weight, speed, operating conditions, and safety features of the Inspire 1. 

Furthermore, as Congress outlined in the FAA Modernization and Reform Act, integration of 

UAS into the NAS is inherently in the public interest, as long as it can be accomplished safely. 

As described above, not only will the proposed UAS operations provide an equivalent level of 

safety to current operations – they will actually provide a greatly-improved level of safety to 

construction managers and the general public. 

V. Privacy 

All operations will be conducted over private or controlled-access property (surrounded by a 

fenced perimeter in nearly all sites) with permission from the tower owner. Permission from an 

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

VI. Conclusion 

The Lyle Company seeks exemption from the FARS outlined above in order to commercially 

operate a small UAV that weighs less than ten pounds for the purposes of photographing and 

mapping cell phone tower equipment located within Unmanned Wireless Facilities. 

Approval of this exemption will enhance safety by removing many of the risk factors associated 

with larger, manned aircraft systems. Approval will also enhance safety for construction 

managers, who will no longer have to climb towers for equipment mapping. 

The operation of the UAS described herein, under the strict conditions outlined above and in the 

operating documents, will provide an equivalent level of safety to support the grant of the 

requested exemptions. 

Please do not hesitate to contact me if you have any questions or concerns. 

Sincerely, 

Matt Johnson 

Director, Lyle Company 
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VII. References 

Bishop, Don (2015, February). Year of the Climber. Above Ground Level Magazine, p. 33