555 NE 34th Street #1111, Miami FL 33137

October 3, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, 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 Kolossal Investments LLC (an entity 

doing business in the State of Florida as DISCHOVER) for the purpose of conducting 

Environmental Surveying, Compliance and Construction Inspections activities for our clients.

Dear Sir or Madam:

Kolossal Investments LLC (an entity doing business in the State of Florida as DISCHOVER and 

hereby referred as ‘DISCHOVER’) respectfully requests an exemption from several provisions 

of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned 

aerial systems (sUAS) to assist in Environmental Surveying, Compliance and Construction 

Inspections for our clients. This request is motivated primarily by the desire to maximize safety 

in conducting surveying and inspection operations in natural environments, potentially 

contaminated sites and construction sites. While an exemption would not eliminate the current 

need for in-person visual inspections, it would allow DISCHOVER to broadly evaluate 

environmental and construction projects with sUAS, resulting in a safer and more efficient 

achievement of surveying and investigation objectives. Accordingly, the grant of an exemption is 

consistent with Congress’ intent, reflected in Section 333 of the FAA Modernization and Reform 

Act of 2012 Modernization Act),1 that safe systems be permitted in the national airspace prior to 

the issuance of final regulations governing general use of these systems.2 A summary of this 

request suitable for publication in the Federal Register is provided as Appendix A. Appendix B

provides the manufacturers information regarding the two models of sUAS DISCHOVER 

intends to use for its operations. Those are commercially available and widely used products for 

which numerous petitions have been granted from the FAA. Information regarding the design, 

aircraft performance, fail-safe features, operating limitations, normal and emergency procedures, 

and maintenance and inspection procedures can be easily obtained using the links provided in 

Appendix B. As we add aircrafts to our fleet, we will update this appendix appropriately. 

Appendix C provides the DISCHOVER Operations Manual for flights covered under this 

Exemption Request.

1 P.L. 112-95, 126 Stat 11, February 14, 2012.

2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate of waiver upon a finding that a type

of UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and populated areas, and

operations within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to national security.
Background Information

DISCHOVER was recently created by Sr. Environmental Scientist Pietro Taballione to provide 

aerial reconnaissance services to assist in natural resources conservation and management, and 

provide added inspection capability for environmental investigations and construction 

compliance. Mr. Taballione has over 10 years of experience in managing environmental projects 

and conducting compliance monitoring for construction sites in South Florida. He has provided 

services to agencies such as the Florida Department of Transportation (FDOT), Miami-Dade 

Transit (MDT) and local municipalities, along with assisting private developers for large scale 

projects. DISCHOVER intends to be in the business of providing sUAS-assisted environmental 

surveying, compliance and construction inspection services to public and private clients 

through designing and implementing project-specific sUAS missions. We have developed 

specific ‘DISCHOVER Safe UAV Operational Procedures’. We will ensure our operations are 

performed in the safest, most effective and FAA-compliant manner.

Environmental Surveying, Compliance and Construction Inspection Operations:

• Vegetation Surveying

• Wildlife Surveying

• Wetland Surveying 

• Coastal and Seagrass Surveying

• Environmental Compliance Inspections

• Contamination Investigations

• Engineering Inspections

• Construction Site Inspections

In order to be able to provide the above mentioned services, DISCHOVER is requesting FAA 

Exemption for sUAS operations for safety, inspection and video capture usage.

Regulatory Basis for Exemption Request

In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may 

grant an exemption under 49 U.S.C. §44701(f) if it has determined that such an exemption is in 

the public interest. The FAA has imposed a separate requirement in its procedural regulations, 

providing that the petitioner shall explain why granting the exemption would not adversely affect 

safety or how the exemption would provide at least an equivalent level of safety as compliance 

with the underlying regulation. 

In this case, approval of this exemption would advance the public interest by significantly 

enhancing the safety and efficiency of our operations, which in turn will result in greater levels 

of environmental protection, natural resources conservation, contamination remediation 

and construction compliance, which are all factors benefitting the well-being of affected 

communities, public health and the economy. As described below, the requested exemption 

would permit the operation of sUAS under tightly controlled conditions, thus ensuring that 

operations will not have an adverse impact on safety. To the contrary, DISCHOVER anticipates 

that use of sUAS will greatly enhance safety during surveying and inspection operations in 

natural and construction environments, through an increased level of compliance with local, 
State and Federal regulations. Granting an exemption is in the public interest, in the same way as 

achieving a greater level of environmental protection and compliance are in the public interest. 

Environmental Surveying/Contamination Investigations

Conducting environmental surveying activities in natural area can pose risks to staff as a result of 

exposure to harsh weather conditions (intense heat, extremely humid or dry conditions, 

lightening etc.), potential encounter with wildlife (poisonous snakes or insects, alligators, sharks 

etc.) and presence of natural terrains and obstacles such as swamps, lakes, canals, high current 

channels or strong tides. Also, monitoring of large areas on foot can be extenuating and very 

labor intensive, which can create unsafe levels of physical stress to staff performing the job. 

Also, the investigation of potentially or known contaminated sites, including dismissed industrial 

facilities or dumping areas, although performed under the strictest safety protocols, can still pose 

risks of exposure to dangerous levels of contaminates, irritating substances and harsh chemicals. 

Not to mention the inherent risks associated with walking through precarious structures or 

rugged terrains carrying cameras and other surveying instruments. For all above scenarios, using 

sUAS can be extremely beneficial making surveys and inspections much safer, faster, accurate 

and reliable. 

Construction Inspections

The safety and efficiency of construction operations is heavily dependent upon constant 

monitoring of specific construction activities, monitoring of existing right-of-ways, management 

of vehicular and pedestrian traffic within the construction site, and verification of proper 

implementation of safety and environmental protection measures. There are a wide variety of 

factors that can affect conditions and cause problems in a construction site, including weather, 

non-compliance situations, faulty or inadequate safety and environmental practices or external 

factors such as trespassing, vandalism or even terrorism. As a result, pursuant to Federal, State 

and local regulations and company policy, our client’s are required to routinely inspect 

construction sites including infrastructure such as bridges, roadways, canals, and signals. At 

present, this work is done primarily by personnel in motor vehicles, on foot, or in specialized 

equipment. This is often a labor-intensive and sometimes arduous job. While our clients strive to 

make these inspections as safe as possible, there is an irreducible element of risk involved 

whenever employees are required to go out on structures, especially during active construction 

operations. Employees may need to climb over or onto structures or uneven terrains which can 

be slippery, rough, and/or exposed to the elements. Some structures, such as bridges, are high 

above the ground. Equipment moving through inspection zones can increase risk as well, 

especially in high-traffic areas. While the use of sUAS for construction site inspections would 

not eliminate these risks entirely (as it is an additive safety measure), it would reduce the risks to 

employees by allowing for remote aerial review.

Limitations associated with the use of traditional aerial surveying techniques

Due to the presence of natural or manmade obstacles and large size of certain environmental and 

construction areas, visual ground-level inspections can be highly inefficient and offer limited 

scientific and technical reliability. Aerial analysis by traditional fixed wing aircraft is impractical 

because the required altitudes for safe flight reduce visibility below meaningful levels – it is 

simply not possible to see details or anomalies from such heights. Helicopters present better 
vantage points; however manned helicopters are much more costly, subject to human safety and 

carry highly explosive jet fuel making them impractical for deployment. By using sUAS for 

surveying and inspection operations, DISCHOVER will be able to substantially upgrade its 

capacity to detect and address issues before they become environmental, compliance or safety 

problems. An example is the avoidance of costly construction delays due to early detection of 

non-compliance situations. Thus, the use of sUAS has the potential to improve efficiency, 

resulting in faster and safer completion of environmental and development projects, with reduced 

impacts to natural resources and construction costs, which in turns will benefit the U.S. economy.

Granting an Exemption will not Adversely Affect Safety

DISCHOVER notes that there is no applicable standard for an equivalency determination. Some 

have argued that the appropriate standard is that for model aircraft, noting that their operations, if 

conducted for recreational purposes, would fall completely within the allowable operations for 

model aircraft. We believe it is difficult to argue that there is sufficient correlation between 

model operations controlled by the Academy of Model Aeronautics and the ones contemplated 

by DISCHOVER. At the same time, it is clear that equivalency cannot be established for 

traditional, manned civil aircraft because the design and use profiles between traditional aircraft 

and sUAS are simply too different. As such, we believe it makes more sense to focus on why the 

contemplated operations would not adversely affect safety, which is all that §11.81(e) requires.

Granting an exemption will not adversely affect safety. DISCHOVER contemplates 

conducting sUAS operations over clients 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 construction operations and heavy 

equipment, our clients have usually already taken steps to secure property against unauthorized 

public access. For example, construction sites are often fenced, elevated, or otherwise secured to 

prevent access. Also, environmental surveying activities involving wildlife, wetland or coastal 

monitoring are naturally conducted away from urbanized areas or heavily transited corridors, 

often in very remote and isolated locations. In addition, contamination investigations are 

expected to occur in dismissed facilities, industrial areas or contaminated sites which are 

restricted from public access and subject to strict regulations to prevent public exposure to 

potential contamination. The nature of operations anticipated by DISCHOVER requires that the 

sUAS be flown at relatively low altitudes and relatively low speeds. DISCHOVER expects that 

in most instances, the sUAS will be flown less than 75 feet from the ground or the highest 

structure along the path of the sUAS. Accordingly, the risk of interference with another aircraft is 

minimal. DISCHOVER also plans to conduct sUAS operations at least five miles from any 

public airports (including heliports). In the event an operation needs to be conducted closer to an 

airport, DISCHOVER 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. Authorization, if necessary, will be requested to FAA through the appropriate channels 

and within the required timeframes.

Approval of exemptions allowing commercial operations of sUASs during environmental and 

ecological surveys, and in construction sites 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 aircrafts 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.

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.

DISCHOVER initially intends to use a 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. PIC’s will establish their 

qualifications thru a combination of aeronautical knowledge, UAS airmanship skills, and 

verification through testing of flight ability before aerial surveying operations have commenced. 

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.

There are no standards for either Private or Commercial sUAS pilot certificates. The safe 

operation and control of the UAS as described in this application does not depend on the type of 

FAA license held by the PIC. Given the restricted and controlled airspace within which 

operations will take place, the key factors needed by the PIC are knowledge of the airspace 

within which the operation will take place and how that airspace fits into the National Airspace 

System (NAS). That knowledge can be and is gained primarily through ground school and not 

through flight training in fixed wing or rotor aircraft, nor is it dependent on the acquisition of a 

commercial or private pilot’s certificate. Those certificates demonstrate knowledge of the factors 

and skills needed for the safe operation of those types of aircraft (fixed wing or rotorcraft). It 

cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed wing 

aircraft, has the skill or ability to safely operate a small unmanned aerial vehicle, operating at 

400 AGL or lower, within strictly controlled pre-approved airspace. Besides knowledge of 

airspace regulations, dexterity in the control and operation of the sUAS acquired from actual 

operation of the aircraft is the most important factor in establishing an equivalent level of safety.
If the PIC has acquired the necessary knowledge of airspace requirements, the relevant issues are 

(1) where the aircraft will be flown, (2) the size of the aircraft relative to what is being used 

today to accomplish the same mission, and (3) what precautions will be taken to ensure the 

safety of those in the area of operation. We propose that the PIC has either an airline transport, 

commercial, private, recreational, or sport pilot certificate and a 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 aircraft be operated within a secure 

environment; and that no one be allowed to enter the secure environment unless they are part of 

the operation, have been fully briefed of the risks prior to operation of the sUAS, and have 

consented to the risks associated with being in the operating area. Should there be a mishap, the 

sUAS being flown pose significantly less of a threat than the helicopters and fixed wing aircraft 

now being employed because they are a fraction of the size, carry no flammable fuel, do not 

carry crew or passengers, and pose an infinitesimal risk to others. This is in stark contrast to 

conventional aircraft that are flown to the site, carry explosive fuel, carry passengers and crew, 

and operate in a much larger area.

From a practical standpoint, there are relatively few licensed full-scale aircraft pilots who are 

also qualified to fly the type of sUAS that are utilized for image-capture surveying and 

inspection operations. There are even fewer commercial pilots that can fly these sUAS – to the 

point that to do both is considered rare. Assuming that it is unlikely for a company to find a pilot 

that has both qualifications, that company would either have to source a qualified sUAS pilot to 

train and obtain a commercial certificate, or find a commercial certificated pilot who would be 

willing to learn to fly a sUAS to the competency level required for professional use.

Minimum requirements for the PIC include:

1) Either an airline transport, commercial, private, recreational, or sport pilot certificate and a 

current FAA airman medical certificate or a valid U.S. driver’s license;

2) A minimum of 200 flight cycles and 25 hours of total time as a sUAS rotorcraft pilot and at 

least 10 hours logged as a sUAS pilot with a similar sUAS type (single blade or multirotor);

3) A minimum of 5 hours as sUAS pilot with the make and model of sUAS to be utilized for 

operations under the exemption and 3 take offs and landings in the preceding 90 days;

4) Have undergone a qualification process as specified in the Flight Operations & Procedures 

Manual (Appendix C) consisting of a knowledge & skill test of the aircraft to be used.

DISCHOVER intends to use commercially available sUAS. These sUAS systems will be tested 

for quality & safety in our test facility before being deployed to the field. The sUAS is less than 

55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a 

secured area. We have a routine maintenance schedule to verify that the sUAS will remain in safe 

and operational condition. Please see Appendix B, for Specific Types of sUAS.
Notes Regarding: 14 C.F.R. Part 21, Subpart H. Airworthiness Certificates

Subpart H establishes the procedural requirements for the issuance of airworthiness certificates 

as required by FAR 91.203 (a) (1). Given the size and limited operating area associated withthe 

aircraft to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. 

The Federal Aviation Act (49 USC 44701 (f)) and Section 333 of the Reform Act both authorize 

the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates 

that the sUAS operated without an airworthiness certificate, in the restricted environment and 

under the conditions proposed, will be at least as safe, or safer, than a conventional aircraft 

operating with an airworthiness certificate without the restrictions and conditions proposed.

Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft

Given the size of the sUAV, two-inch lettering will be impossible. UA will 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 will be as large as 

practicable.

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

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

UAS. DISCHOVER’s UAS will not require an airworthiness certificate in accordance with 14 

CFR part 21, Subpart H. Based on the fact that an airworthiness certificate will not be issued, 

exemption from § 91.7(a) is not necessary.

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard

The original intent of these regulations was to display an aircraft’s airworthiness certification, 

and registration documents so they would be easily available to inspectors and passengers. Based 

on the FAA Memorandum subject “Interpretation regarding whether certain required documents 

may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, the requested relief 

from 14 CFR §§ 91.9(b)(2) and 91.203(a) and (b) is not necessary.

Notes Regarding: §91.109 Flight instruction; Simulated instrument & certain flight tests

Small UASs, by their design, do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via radio 

communications. Aircrafts being considered for use by DISCHOVER allow the UAS Instructor 

to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the event of the student 

losing control, the UAS Instructor can quickly and via alternate equipment (equipment not in the 

hands of the student) place the aircraft into a mode that then allows the instructor to bring the 

aircraft back into control and back to the predetermined and/or safe landing location. 

DISCHOVER does not describe training scenarios in which a dual set of controls would be 

utilized or required, i.e. dual flight instruction, provided by a flight instructor or other companydesignated individual, that would require that individual to have fully functioning dual controls. 

Rather, DISCHOVER evaluates the qualification of its PICs based on their experience with the 
UAS to be operated and verifies through testing, in lieu of formalized training. As such, 

DISCHOVER does not seek relief from 14 CFR § 91.109.

Notes Regarding § 14 CFR 91.119(b). Over congested areas. 

Relief from § 14 CFR 91.119(b), operation over congested areas, is not applicable, because the 

DISCHOVER’s operations will only be conducted within the secured area described herein.

DISCHOVER Safety Operations & Procedures Overview:

(refer to Appendix C, DISCHOVER Flight Operation & Procedures Manual (FOPM))

Support for Petition for Exemption

In accordance with the procedural requirements of 14 C.F.R. §11.81, DISCHOVER provides the 

following information:

Contact Information:

Pietro Taballione

Principal 

DISCHOVER

555 NE 34th Street #1111

Miami FL, 33137

305-300-6392

info@disc-hover.com

Regulatory Provisions from which DISCHOVER seeks an Exemption

DISCHOVER 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. §61.113(a) and (b)

14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)(1)&(2)

14 C.F.R. §91.417(a)&(b)

DISCHOVER 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 DISCHOVER to conduct 

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

well.3

3 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, DISCHOVER believes a separate 

exemption should not be required for §91.417(a).
The Extent of Requested Relief and the Reasons Relief is Needed

Section 333 Aircraft Exemption Status:

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the 

requirement for an airworthiness certificate based on a consideration of the size, weight, speed, 

operational capability of the particular UAS, as well as its proximity to airports and populated 

areas. An analysis of these criteria demonstrates that the sUAS operated without an airworthiness 

certificate in the areas and under the conditions contemplated by DISCHOVER will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the conditions proposed in this request.

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates 

exclusively within a secured area. Unlike other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by the operator and observer. Operations will be 

conducted in compliance with the FAA and with local public safety requirements to provide 

security for the area of operation as is now done with conventional equipment, infrastructure, 

bridge and out building evaluation. These safety enhancements provide an expanded degree of 

safety to the inspectors over conventional operations. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the sUAS, due to its 

size, speed of operation, location of operation, lack of explosive materials and inability to carry a 

substantial external load.

Given the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, this meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the 

Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness 

certificate, upon consideration of the size, weight, speed, operational capability, and proximity to 

airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed.

14 C.F.R. §61.113(a) and (b)

§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.

 (b) A private pilot may, for compensation or hire, act as pilot in command 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.

 *****
DISCHOVER anticipates initially using a cadre of specially trained staff to conduct the

sUAS operations. While 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 the surveying of natural areas, potentially contaminated sites and inspecting of 

construction sites. Investigated areas may include wetlands, open waters, forested areas, partially 

or totally built structures, dismissed structures, infrastructure, right-of-way, etc. in furtherance of 

DISCHOVER’s clients’ primary businesses, which may include the successful monitoring and 

surveying of natural ecosystems as regulated by local, State and Federal agencies or the 

achievement of compliance and safety standards during construction projects; however, the 

employees’ operation of the sUAS will not be incidental to their employment with 

DISCHOVER, and they will 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 

DISCHOVER clients. Accordingly, the risk would be limited to DISCHOVER personnel, who 

will be appropriately outfitted in safety gear, and DISCHOVER client’s property on the ground. 

Requiring a commercial pilot certificate would provide no appreciable safety benefit and would 

needlessly impose additional cost on DISCHOVER. Because the contemplated operations would 

not comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) apply, relief is 

needed from both paragraphs (a) and (b).

14 C.F.R. 91.119(c)

§91.119 Minimum safe altitudes: General.

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

aircraft below the following altitudes:

(c) 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.

 *****

DISCHOVER 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, DISCHOVER clients has exclusive use of the land 

over which the sUAS will be operated, and public access is restricted. It also may have exclusive 

use of significant portions of land adjacent to the natural areas or construction sites that will be 

the objects of evaluation and analysis. DISCHOVER’s Clients tightly control access to land and 
have the ability to assure that no individuals unassociated with the planned operations are on the 

affected land. As such, the risk of injury is minimal. DISCHOVER does not contemplate 

conducting operations over congested areas, so relief is not requested from paragraph (b).

14 C.F.R. 91.121

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising

altitude by reference to an altimeter that is set “...to the elevation of the departure

airport or an appropriate altimeter setting available before departure.”

*****

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, visual sensors, digitally 

encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, 

a zero altitude initiation point will be established and confirmed for accuracy by the pilot.

14 C.F.R. 91.151

§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.

(b) No person may begin a flight in a rotorcraft 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, to

fly after that for at least 20 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. DISCHOVER 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, DISCHOVER 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.
14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b)

§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;

*****

§91.407 Operation after maintenance, preventive maintenance,

rebuilding, or alteration.

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

rebuilding, or alteration unless –

(1) It has been approved for return to service by a person authorized under

§43.7 of this chapter;

*****

§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.

*****

§91.417 (a) & (b)

*****

DISCHOVER believes that an exemption from these three 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) or to conduct the initial airworthiness and annual return to service inspections

required by §91.409(a). DISCHOVER 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 (See Appendix D). However, 

because of the

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

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

Please do not hesitate to contact me at the phone number or via the e-mail address

provided above should you have any questions or concerns.
Respectfully submitted,

Pietro Taballione

Principal, DISCHOVER
Appendix A

Summary for Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register should the FAA determine that publication is needed.

Petitioner: DISCHOVER

Sections of 14 C.F.R. Affected:

333 Aircraft Exemption Status

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

14 C.F.R. §91.417(a)&(b)

Description of Relief Sought:

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14

C.F.R., 61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and

91.417(a)&(b) to conduct sUAS operations over DISCHOVER Client’s owned or controlled

land, solely during daylight hours, to assist in the safe performance of Environmental Surveying, 

Compliance and Construction Inspections. In general, sUAS operations are intended to be conducted 

in areas remote from both congested areas and airports, or within controlled sites with restricted 

public access. The nature of operations anticipated by DISCHOVER requires that the sUAS be flown 

at relatively low altitudes. DISCHOVER expects that in most instances, the sUAS will be flown less 

than 75 feet from the ground surface or the highest structure along the path of the sUAS and in no 

instances will be flown higher than 400 feet above the ground. Accordingly, the risk of interference 

with other aircraft is minimal.
Appendix B

Specific type (s), make, and model

#1 - DJI Phantom 3 Professional

This is a widely used commercial product. 

Aircraft Specifications and User/Flight Manuals ca be downloaded at:

http://www.dji.com/product/phantom-3/spec

http://www.dji.com/product/phantom-3/download
#2 DJI Inspire 1 

This is a widely used commercial product. 

Aircraft Specifications and User/Flight Manuals ca be downloaded at:

http://www.dji.com/product/inspire-1/spec

http://www.dji.com/product/inspire-1/download
Appendix C

DISCHOVER Flight Operation & Procedures Manual (FOPM)

Technology Considerations:

Best-in-class, tried and proven technologies that are in advanced iterations. Software from 

highly-reputable industry partners will include the following features:

1. Auto descent (landing) if communication signal were to be severed. If the sUAS loses 

communications, the sUAS will have capability to return to a pre-determined location within the 

Security Perimeter and land.

2. Auto descent (landing) if battery were to drop lower than nominal level. 3. Flights will be 

terminated at 25% battery power reserve.

4. Live video for operator gives real-time positioning feedback. In other words, we can monitor 

the scene from the vehicle's perspective for collision avoidance, and to maintain spatial 

orientation.

5. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

6. On-Screen-Display (OSD) contains operating information to ascertain vehicle health at all 

times: speed, altitude, number of GPS satellites (when available), heading and voltage.

7. GPS lock supplies for return-to-home (RTH). Should Command and Control (C2) link failures 

occur (highly improbable), vehicle returns automatically to the point of launch.

8. 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. Prior to each flight, a zero altitude initiation point will be established and confirmed for 

accuracy by the pilot.

Mechanical/Physical:

1. We will fly line-of-sight (LOS) only. The vehicle will always remain in direct LOS to the pilot, 

thus eliminating the concern of signal severance (flying behind objects/walls).

2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots.

3. Batteries should far exceed the capacity required for actual flight time.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Fireproof bags for storage and charging of high capacity Lipo batteries on-site.

6. UA operated under this exemption will be marked in accordance with 14CFR part 45 or as 

otherwise authorized by FAA.

Personnel:

1. Spotters ensure safe operation and act as a redundant set of eyes for operators (pilot, gimbal 

op, director)

2. Radio spectrum analysis for interference on the frequencies utilized for vehicle control/

communication.
3. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s 

activities. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the safety perimeter be present for this briefing.

4. The operator will obtain the consent of all persons involved in the sUAS operations and ensure 

that only consenting persons will be allowed within 100 feet of the flight operations.

5. Observer and pilot will at all times be able to communicate by voice.

6. Written and/or oral permission from the relevant property holders will be obtained.

7. Pilot and observer will have been trained in operation of UAS generally and received up-todate information on the particular UAS to be operated.

Operations:

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), including energy source

(s) and equipment. Operations authorized by this petition of exemption are limited to the 

following aircraft described in Appendix B. Proposed operations of any other aircraft may 

require a new petition or a petition

amendment to this request.

2. The UA may not be flown at a ground speed exceeding 50 knots.

3. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL), as 

indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC 

must be in feet AGL.

4. 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 medical certificate.

5. All operations must utilize a visual observer (VO). 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.

6. The operator’s manual and this petition of exemption must be maintained 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 operator’s manual, the conditions and 

limitations herein take precedence and must be followed. Otherwise, the operator must follow 

the procedures as outlined in its operator’s manual. The operator may update or revise its 

operator’s manual. It is the operator’s responsibility to track such revisions and present updated 

and revised documents to the Administrator upon request. The operator must also present 

updated and revised documents if it petitions for extension or amendment. If the operator 

determines that any update or revision would affect the basis for which the FAA grants this 

petition for exemption, then the operator must petition for amendment to their exemption. The 

FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operator’s manual.
7. Prior to each flight the PIC must 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 is 

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, if utilized, must be 

included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records.

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 in accordance with the operator’s manual. The PIC who conducts the functional test 

flight must make an entry in the UAS aircraft records of the flight. The requirements and 

procedures for a functional test flight and aircraft record entry must be added to the operator’s 

manual.

9. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/

component/overhaul, replacement, and inspection/maintenance requirements must be established 

and identified in the operator’s manual (See Appendix D). At a minimum, requirements for the 

following must be included in the operator’s manual:

a. Actuators / Servos;

b. Transmission (single rotor);

c. Powerplant (motors);

d. Propellers;

e. Electronic speed controller;

f. Batteries;

g. Mechanical dynamic components (single rotor);

h. Remote command and control;

i. Ground control station (if used); and

j. Any other components as determined by the operator;

10. The Pilot In Command (PIC) must possess either an airline transport, commercial, private, 

recreational, or sport pilot certificate and a current FAA airman medical certificate or a valid U.S. 

driver’s license. 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.

11. Prior to operations conducted for the purpose of Environmental Surveying, Compliance and 

Construction Inspections, the PIC must have accumulated and logged, in a manner consistent 

with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours of total time as a UAS 

rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS type (single blade 

or multirotor). Prior documented flight experience that was obtained in compliance with 

applicable regulations may satisfy this requirement. Training, proficiency, and experiencebuilding flights can also be conducted under this petition of exemption to accomplish the 

required flight cycles and flight time. 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.

12. Prior to operations conducted for the purpose of Environmental Surveying, Compliance and 

Construction Inspections, the PIC must have accumulated and logged, in a manner consistent 

with 14 CFR § 61.51(b), a minimum of five hours as UAS pilot operating the make and model of 

UAS to be utilized for operations under the exemption and three take-offs and three landings in 

the preceding 90 days. Training, proficiency, experience building, and take-off and landing 

currency flights can be conducted under this petition of exemption to accomplish the required 

flight time and 90 day currency. During training, proficiency, experience-building, and take-off 

and landing currency 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.

13. Prior to any flight operations authorized by this petition of exemption, the PIC and VO must 

have successfully completed a qualification process. As this is a requirement stipulated by the 

operator, the test must be developed and implemented by a qualified person designated at the 

sole discretion of the operator. A record of completion of this qualification process must be 

documented and made available to the Administrator upon request.

14. Prior to operations conducted for the purpose of Environmental Surveying, Compliance and 

Construction Inspections, a flight demonstration, administered by an operator-approved and -

qualified pilot must be successfully completed and documented. This documentation must be 

available for review upon request by the Administrator. Because the knowledge and airmanship 

test qualifications have been developed by the operator, and there are no established practical test 

standards that support a jurisdictional FAA FSDO evaluation and approval of company 

designated examiners, the petitioner will conduct these tests in accordance with the operator’s 

manual.

15. The UA may not be operated directly over any person, except authorized and consenting 

personnel, below an altitude that is hazardous to persons or property on the surface in the event 

of a UAS failure or emergency.

16. Regarding the distance from participating persons, the operator’s manual has safety 

mitigations for authorized and consenting personnel. At all times, those persons must be essential 

to the operations.

17. Regarding distance from nonparticipating persons, the operator must ensure that no persons 

are allowed within 500 feet of the area except those consenting to be involved and necessary for 

the surveying and inspection operations. This provision may be reduced to no less than 200 feet 

if it would not adversely affect safety and the Administrator has approved it. For example, an 

equivalent level of safety may be determined by an aviation safety inspector’s evaluation of the 

infrastructure inspection area to note terrain features, obstructions, buildings, safety barriers, etc.

Such barriers may protect nonparticipating persons (observers, the public, news media, etc.) from 

debris in the event of an accident.
18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the security perimeter and land or be recovered in accordance with 

the operator’s manual.

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

accordance with the operator’s manual.

20. Each UAS operation must be completed with 25% battery power remaining.

21. The operator must obtain written or oral consent from all property owners.

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. The operator must develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul component 

parts, and the total time in service of the UAS. These procedures must be added to the operator’s 

manual (See Appendix D).

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

Bulletins.

25. The operator must develop UAS technician qualification criteria. These criteria must be 

added to the operator’s manual.

26. The preflight inspection section in the operator’s manual must be amended to include the 

following requirement: The preflight inspection must account for all discrepancies, i.e. 

inoperable components, items, or equipment, not covered in the relevant preflight inspection 

sections of the operator’s manual.

27. Before conducting operations, the radio frequency spectrum used for operation and control of 

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

government oversight agency requirements.

28. The 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.

29. The UA must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, hang gliders, etc.).
30. 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.

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

32. 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.

33. The UA may not be operated during inclement weather or in areas of high winds or gusts 

exceeding 20 mph

34. The UA must not be operated under the influence of drugs or alcohol.

35. The UA may not operate in Class B, C, or D airspace without written approval from the FAA. 

The UA may not operate within 5 nautical miles of the geographic center of a non-towered 

airport as denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is conducted in accordance with a 

NOTAM as required by the operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request.

36. 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 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. Further flight operations may not be conducted until the incident, accident, or 

transgression is reviewed by AFS-80 and authorization to resume operations is provided.

Preflight Plan

The PIC will follow a comprehensive pre-flight checklist to ensure that the SUAS is in a

condition for safe flight. This plan will be improved as needed in order to ensure all known

safety precautions and/or safety precautions suggested by the manufacturer are being accounted

for.

A. Pre-flight Inspection

1. Check that the transmitter, UAS and camera batteries are all fully charged.

2. Verify that the UAS battery is not swollen or damaged in anyway.

3. Turn the motor shafts with your fingers and verify that are smooth without

excessive play or binding.

4. Verify that the propellers are mounted correctly and free from signs of

damage.

5. Run finger along the edge of blade to check for any rough edges.

6. Flex both sides of the propellers' blades to check for hairline cracks where the

blades connect in the center of the propeller.
7. Verify that the landing gear is secure and free from damage, broken or loose.

8. Verify that the camera is secure and clean. Inspect the camera connections

and gimbal for tears and/or signs of wear.

9. Verify that the damping absorbers are not broken and/or worn.

10. Verify that the Micro-SD card has been inserted and formatted.

11. Verify that the Smartphone's Wi-Fi is enabled.

12. Set the Smartphone to do-not-disturb mode to prevent distractions while

flying.

13. Set the Smartphone to forget any Wi-Fi networks in range in order to prevent the

Wi-Fi connection from changing mid-flight.

B. PowerUp

1. Power on the transmitter with the flight mode set to the appropriate setting, the

throttle stick down and the throttle trim at neutral.

2. Install a charged battery in the UAS, plug it in and close the hatch.

3. Wait for the GPS signal to be acquired, which is indicated by a solid LED. It may

take from 30-90 seconds to acquire a GPS signal.

4. Move the aircraft to the desired home location and orient the aircraft pointed

away from the pilot.

5. Step back approximately 15 feet (5 meters) from the home location.

C. Ready to Fly

1. Power on camera and acquire Wi-Fi signal on smartphone.

2. Once Smartphone has acquired Wi-Fi signal start camera app .

3. Verify that the aircraft still has GPS lock.

4. Start the motors.

5. Verify that the motors are functioning normally, are not making any unusual

noises, and are all spinning the same speed.

6. Verify that the area is still clear of obstructions, people, power lines, etc.

7. Take off and hover about 6- 8 feet above the takeoff point to verify that the aircraft

still has a solid GPS lock. If any abnormalities are noticed (drifting, flying in

circles, etc.), land immediately and repeat the "Pre-flight Inspection" and Power

Up" sequences.

8. Verify that the aircraft holds a steady position while yawing 360 degrees.

9. Verify that the aircraft responds appropriately to all controls- yaw, pitch, roll and

throttle.

D. After Flight

1. Turn off the power switch on the aircraft.

2. Tum off the power to your transmitter.

3. Unplug and remove the battery from the aircraft.
Appendix D

Monthly Maintenance Log