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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 F AA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Moderniza tion 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 outl ined herein or as may be es tablished 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.2



### The Lyle Company

During the past 25 years Lyle has been a l eading Solutions Partne r of the wireless industry. We provide solutions for the Wireless Industry’s Network and Infrastructure needs including Strategic Site De velopment, Collocation Management, Portfolio Optimization, Auditing and Data Management, and Professional Se rvices. 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.3

I. DESCRIPTION OF ACTIVITIES

The Lyle Company wishes to use the DJI In spire 1 UAS for commer cial photography and videography of cell phone towers under controlled conditions in airspace that is limited, predetermined and access-controlled. The Lyle Co mpany wishes to have authorized employees be the Pilot in Command (PIC) of a UAS syst em 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 Na tional Airspace System (NAS) while satisfying the FMRA § 333 requirement to achieve an equi valent level of safety when compared to traditional aircraft. The Lyle Company further be lieves 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 ge ar. 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 ba ttery is depleted to a point that may affect the safe return of the

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

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

seconds countdown. The maximum loaded takeo ff weight of the DJI Inspire 1 is 6.47 LBS and the maximum airspeed (no wind, ATI mode) is 22 m/s. 1

1 See DJI Inspire 1 User Manual V1.0 at http://www.dji.com/product/inspire-1/download for complete information4

III. FAA Regulations and Justification for Exemption

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

(a) No person who holds a private pilot certificat e may act as a PIC of an aircraft that is carrying passengers or property for compensa tion 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 ai rcraft 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 pa ssengers, 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 know ledge testing center.

o Be vetted by the Transportati on 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 know ledge test every 24 months.

o Be at least 17 years old.

o Make available to the FAA, upon request, th e small UAS for inspection or testing, and any associated documents/r ecords 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 priv ate property owned or leased by the tower owner. Cell tower sites are ty pically located on priv ate property surrounded by a privacy fence and are referred to in the industry as “Unmanne d Wireless Facilities”. The Lyle Company PIC will only operate the UAS at an Unmanned Wi reless 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 pot entially harm individuals will be virtually nonexistent. Therefore, The Lyle Company believes that the additional manned airmanship of a commercially certificated pilot would not correlat e to the airmanship skills necessary for the proposed operations.5

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

Section 91.7(a) prescribes that no person may operate a ci vil 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 docum ents be a sufficient means for determining an airworthy condition. Given the size of the airc raft 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 necessa ry 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 ai rcraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

An exemption from section 91.119(c) is necessa ry because Cell Towers that the aircraft inspects will always be less than 500 feet AGL. In addition, the low-alti tude operations of the UAS will ensure separation between these sm all-UAS operations and the operations of conventional manned aircraft that must comply with Section 91.119.6

Section 91.151(a) prescribes that no person may begin a f light in an airplane under visual flight rules (VFR) conditions unless (considering wi nd and forecast weather conditions) there is enough fuel to fly to the first po int of intended landing and, assumi ng 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 opera tion 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 bl inking 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 ea ch owner of an aircraft shall have that aircraft inspected as prescribed in subpart E of this part and sha ll, between required inspections, except as provided in paragraph (c) of this sec tion, have discrepancies repai red as prescribed in part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration.

Section 91.407(a)(1) prescribes that no person may opera te any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person author ized 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 pert inent 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 ot her required or approved inspections, as appropriate, for each aircraft (including the airframe) and ea ch 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 th e person approving the aircraft for

return to service.7

(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 airc raft, including the time since the last inspection required by the inspection pr ogram under which the aircraft and its appliances are maintained.

(v) The current status of applicable airw orthiness directives (AD) and safety directives including, for ea ch, the method of complian ce, the AD or safety directive number and revision date. If th e 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 engine s, 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 th is 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 regi stered 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 fo llowing maintenance/inspec tion 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 reve als 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 Cont rol Station will be included in the8

preflight inspection. All maintenan ce 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 wi ll make an entry in the aircraft records.

3. The pre-flight inspection will account for all potential discrepancies, e.g. inoperable components, items, or equi pment, 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, in spection, 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 airc raft records, including total time in service, description of work accomplishe d, and the signature of the authorized person returning the UAS to service.

6. Each UAS operated under the exempti on 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 discrepancie s discovered between inspections.

Adherence to the above procedures, as we ll 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 F AA 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 indivi duals on board. The Lyle Comp any’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 participa ting and nonparticipating individuals or property in the even t 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 ri sk of fuel spillage and fire

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

this fire and environmental risk.9

Traditional aerial photography/vide ography operations using conventio nal aircraft can operate in very close proximity to persons and propert y on the ground. While the FAA mitigates these risks in a variety of ways, the proposed UAS ope rations 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 M odernization and Reform Act, integration of UAS into the NAS is inherently in the public inte rest, 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 perm ission from the tower owner. Permission from an authorized representative will be obta ined 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 Wire less Facilities.

Approval of this exemption will enhance safety by removing many of the risk factors associated with larger, manned aircraft systems. Approva l 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 Company10

VII. References

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