September 25, 2015

Docket Operations, M-30

U. S. Department of Transportation

1200 New Jersey Ave., SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

RE: Petition to the FAA for Section 333 Exemption

Dear Sir or Madam:

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

and the regulations promulgated thereunder, applicant Linbeck Group, LLC (“Linbeck” or “Applicant”)

hereby applies for an exemption from the Federal Aviation Regulations listed below to allow commercial

operation of its small unmanned aircraft systems (“sUASs”). 

Linbeck proposes to use its sUASs for aerial imaging, inspection, data collection, and monitoring

of construction sites, all in accordance with Section 333 of the Reform Act.

This letter provides the necessary information as provided in the FAA’s “Public Guidance for

Petitions for Exemptions filed under Section 333,” as described at the FAA website at

https://www.faa.gov/uas/legislative_programs/section_333/how_to_file_a_petition/. 

The name and address of Applicant are:

Linbeck Group, LLC

Attn: Thomas Hook

3900 Essex Ln., Suite 1200

Houston, TX 77027

(682) 231-1357

thook@linbeck.com

I. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

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

14 C.F.R. §§ 61.113(a) & (b): Private pilot privileges and limitations; pilot in command

14 C.F.R. § 91.7 (a): Civil aircraft airworthiness

14 C.F.R. § 91.9 (b) (2): Civil aircraft flight manual, marking, and placard requirements

14 C.F.R. § 91.103: Preflight Action

14 C.F.R. § 91.109: Dual controls for light instruction

14 C.F.R. § 91.119: Minimum safe altitudes

14 C.F.R. § 91.121: Altimeter settings

March 1, 2016 (512) 914-2902
7129785.3/SP/52895/0101/092215 Page 2

14 C.F.R. § 91.151(a): Fuel requirements for flights in VFR conditions

14 C.F.R. §§ 91.203 (a) & (b): Airworthiness certificates

14 C.F.R. § 91.405 (a): Maintenance required

14 C.F.R. § 91.407 (a) (1): Operation after maintenance

14 C.F.R. §§ 91.409 (a) (1) & (2): Inspections

14 C.F.R. §§ 91.417 (a) & (b): Maintenance records

II. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the Federal Aviation Authority the authority to issue

exemptions from regulations promulgated under it. This statutory authority includes the authority to exempt

civil aircraft as the term is defined under Section 40101 of the Act, including sUASs, from the requirement

that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of Section 40101 or any of sections 44702-44716 if the Administrator finds the

exemption to be in the public interest. 49 U.S.C. 44701(f). See also 49 U.S.C. 44711(a); 49 U.S.C. 44704;

14 C.F.R. 91.203(a)(1). Section 333(b) of the Act assists the Secretary in determining whether sUASs may

operate in the National Airspace System (“NAS”) without creating a hazard to the user, the public, or a

threat to national security. In making this determination, the Secretary must consider:

 The sUAS’s size, weight, speed, and operational capability;

 Whether the sUAS operates within the visual line of sight of the operator; and

 Whether the sUAS operates outside of highly populated areas and away from close proximity to

airports.

Under Section 333(c) of the Act, if the Secretary determines that an sUAS may operate safely in

the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft

in the NAS.

Linbeck’s sUASs fully satisfy these criteria. They are small, multi-rotor vehicles, weighing 15 or

fewer pounds including the payload. They will operate under normal conditions at a speed of no more than

50 knots and will have the capability to hover, and move in the vertical and horizontal plane simultaneously.

They will operate only in the pilot’s or observer’s visual line of sight at all times, at no higher than 400 feet

AGL, only in daylight and at safe distances from clouds, and will operate only within the controlled area

of Linbeck construction jobsites to which access is controlled and all persons within it have been notified

of the flight operations. Such operations will insure that the sUASs will “not create a hazard to users of the

national airspace system or the public.” 

Given the small size of the sUASs and the low altitudes and restricted areas in which they will

operate, Linbeck’s application falls squarely within the zone of safety (an equivalent level of safety) in

which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to

commence. In addition, due to the small size of the sUASs and the low altitudes and limited areas in which

Linbeck’s sUASs will operate, approval of the application presents no national security issue. 

Given the clear direction in Section 333 of the Act, the authority contained in the Federal Aviation

Act as amended, the strong equivalent level of safety surrounding the proposed operations, and the

significant public benefit, including enhanced safety and reduced environmental impact, the grant of the
7129785.3/SP/52895/0101/092215 Page 3

requested exemptions is in the public interest. Accordingly, Linbeck respectfully requests that the FAA

grant the requested exemption without delay.

III. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section

333(a) through (c) of the Act. This law directs the Secretary of Transportation to consider whether certain

unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required

under the Act. By granting an exemption the FAA will fulfill Congress’ intent of allowing sUASsto operate

with significant safety precautions in low risk environments.

The use of sUASs can significantly promote safe and effective inspection and tracking of

construction jobsites. For example, the use of sUASs can allow workers remotely to inspect, survey,

measure, monitor, or assess work that is hard to reach or requires elevated access. sUASs can also provide

facility security and emergency reconnaissance when needed. They can also provide high resolution aerial

imagery, elevation measurement, mapping, and thermal imagery data efficiently. The sUASs Linbeck

proposes to fly in this application weigh less than fifteen pounds. Their small size and low weight reduce

potential for harm to participating and nonparticipating individuals or property in the event of an incident

or accident. The sUASs Linbeck will use carry no flammable fuel or other combustible material, reducing

virtually to nil the risk of fuel spillage and fire in the event of an incident or accident. Reducing manned

flight and human inspection of such sites through sUASs will thus create even more improved safety

operating environments, which is highly beneficial to the public. 

Further, sUASs reduce the environmental impact by dramatically decreasing the energy used for

aerial imaging and data collection over a construction jobsite. Operation of lightweight sUASs powered

by rechargeable lithium ion batteries offers improved efficiencies as compared to the operation of other

aircraft and vehicles that consume gasoline and present a significantly louder noise signature. The reduction

of fixed-wing aircraft to monitor construction jobsites also reduces the risk associated with human

involvement and potential injury in aerial flyovers. 

IV. sUAS

Linbeck proposes to use a DJI Phantom III Professional (“Phantom”). 

This is a quad-rotor sUAS weighing less than 3 pounds and is equipped with a three-axis gimbals

using a high-definition camera. The Phantom uses a 2.4GHz RC system. The Phantom can fly at speeds up

to 31 knots. It has a built-in capability to limit the height it flies above the ground, to limit the radius of the

distance it flies from the operator, and to exclude itself from Class B, C, and D airspace including a no-fly

zone feature. The Phantom also has a failsafe function, which allows the Phantom to return to its starting

position automatically. The Phantom is powered by a LiPo4S battery with an approximate flight time of 23

minutes.

In accordance with the statutory criteria provided by Section 333, and in consideration of the size,

weight, speed, and limited operating area associated with this aircraft and its operation, the FAA has

determined that this aircraft meets the conditions of Section 333. See, e.g., Exemption No. 11846.
7129785.3/SP/52895/0101/092215 Page 4

V. EQUIVALENT LEVEL OF SAFETY

Linbeck proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at least an

equivalent or even higher level of safety to operations under the current regulatory structure because the

proposed operations represent a safety enhancement to the already safe protocols followed at Linbeck’s

construction jobsites and imaging and surveying operations conducted with other conventional aircraft. 

Linbeck will be bound by the following limitations when conducting its sUAS operations under this FAA

issued exemption:

1. The sUAS will weigh less than 15 pounds. 

2. Flights will be operated within visual line of sight of a pilot and/or observer.

3. The sUAS will operate only during daylight (official sunrise to official sunset, local time). 

4. The sUAS will yield right-of-way to other aircraft at all times. 

5. The sUAS will be registered with the FAA and will include appropriate markings and labels on

the body of the sUAS.

6. Maximum total flight time for each operational flight will be 15 minutes. The sUAS will

calculate battery reserve in real time, and will return to its ground station with at least 20% battery

power reserve should that occur prior to the 15 minute limit. 

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

8. Minimum crew for each operation will consist of the trained sUAS pilot and one visual observer. 

The pilot and observer will be able to communicate verbally at all times. 

9. The sUAS pilot(s) will be trained in flight, operations, and safety procedures as appropriate.

10. The sUAS pilot(s) will be Pilot in Command. 

11. The sUAS will only operate within a specific current, former, or proposed construction jobsite

operated by Linbeck, to which access will be controlled. The ability of the sUAS to leave the

specific construction jobsite will also be controlled. 

12. The sUAS will be operated at a distance of at least 500 feet below or 2000 feet horizontal from

clouds, or when visibility is at least 3 statute miles. 

13. Personnel at the construction jobsite will be notified of flight operations through posted notices,

onsite job safety meetings, and other means by which overhead safety warnings are customarily

provided. 

14. Linbeck will notify the FAA’s Air Traffic Organization (“ATO”) or local regulating authority,

as appropriate, of proposed flight plans.
7129785.3/SP/52895/0101/092215 Page 5

15. Linbeck will follow the manufacturer’s sUAS aircraft/component, maintenance, overhaul,

replacement, inspection, and life-limit recommendations. 

16. The pilot(s) and observer(s) will have been trained in operation of the sUAS as provided herein,

and will receive up-to-date information on the particular sUAS to be operated as such updates

become available. 

17. Operations will be limited to Linbeck construction jobsites at which owner approval and

authorization to use the sUASs has been obtained. 

18. If the sUAS loses communication or loses its GPS signal, it will have the capability to return

automatically and safely to a pre-determined, pre-coordinated location on the construction jobsite

and land with a predictable, automated flight maneuver. 

19. The sUAS will be capable of aborting a flight in case of unpredicted obstacles or emergencies.

20. The radio frequency spectrum used for operation and control of the sUAS will comply with

the rules and regulations of the Federal Communications Commission. 

VI. DESCRIPTION OF SPECIFIC REGULATIONS

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

This regulation requires certain experimental, provisionally certified aircraft, or light-sport

category aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted”, “lightsport”, “experimental”, or “provisional”, near each entrance to a cabin, cockpit, or pilot station.

Even though the sUAS will not have an airworthiness certificate, an exemption may be needed

because the sUAS will have no cabin, cockpit, or pilot station on which the word “Experimental” can be

placed. Given the size of the sUAS, two-inch lettering will be impossible. The word “Experimental” will

be placed on the fuselage in compliance with 45.29(f). 

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as

required by Section 45.29(f) where the pilot, observers and others working with the sUAS will see the

identification of the UAS as “Experimental” The FAA has issued at least the following exemptions to this

regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. § 61.113(a) & (b): Private pilot privileges and limitations; pilot in command

Sections 61.113(a) & (b) limit private pilots to non-commercial operations. Linbeck proposes that

its sUAS pilots will have completed at least a 2-day training program and at least 25 hours of flight time in

a safe and controlled environment prior to operating the sUASs on a construction jobsite. The airmanship
7129785.3/SP/52895/0101/092215 Page 6

skills necessary to operate the sUASs do not correlate significantly to those needed for piloting manned

aircraft, so exemption from the need for the pilot in command to hold a commercial pilot certificate is also

requested. Unlike conventional aircraft which carry the pilot and passengers, the sUAS is remotely

controlled with no living thing on board. The areas of operation will be restricted to Linbeck construction

jobsites at which third party access is controlled, and all flights will be planned and coordinated in advance. 

The level of safety described herein exceeds that provided by a single individual holding a commercial

pilot’s certificate operating a conventional aircraft. Further, the risks associated with operation of the sUAS

are so diminished from the level of risk associated with commercial operations contemplated by Part 61

that allowing operations of the sUASs as requested with a private pilot as the pilot in command exceeds the

present level of safety achieved by Sections 61.113(a) & (b). In addition, the pilot in command will undergo

all appropriate security screenings as may be required by the Department of Homeland Security for

certificated airmen. 

14 C.F.R. §91.7(a): Civil aircraft airworthiness

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

condition. An exemption may be needed since, with no airworthiness certificate issued for the sUAS, no

FAA regulatory standard will exist for determining airworthiness. Given the small size of the sUAS, regular

maintenance and inspection as recommended by the manufacturer, and the use of safety checklists prior to

each flight, an equivalent level of safety will be provided. 

14 C.F.R. §91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements 

As no pilot is aboard the sUAS, it is not necessary to carry a flight manual on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground control

point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167,

10167A, 10602, 32827, and 10700. 

14 C.F.R. §91.103: Preflight action

Section 91.103 requires each pilot in command to take certain actions before flight to insure safety. 

An exemption is needed from this requirement as the pilot in command will take separate preflight actions,

including checking for weather conditions, checking flight battery requirements, checking takeoff and

landing distances, and so forth. These actions will provide an equivalent level of safety. 

14 C.F.R. §91.109: Dual controls for flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon)

that is being used for flight instruction, unless that aircraft has fully functioning dual controls.

By design, sUASs and remotely piloted aircraft 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. The equivalent level of safety is provided by the absence of pilot or passengers in the

aircraft, the controller’s ability to control the sUAS via radio signals, by conducting training operations

only in controlled environments, and by the size and speed of the sUAS. 
7129785.3/SP/52895/0101/092215 Page 7

The FAA has previously approved exemptions for aircraft without fully functional dual controls.

See Exemption Nos. 5778K & 9862A.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows

helicopters to be operated at less than the minimums prescribed, provided the person operating the

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is

for a multi-rotor craft that flies similarly to a helicopter with vertical take-off and landing, and which will

operate at altitudes no higher than 400 feet, so exemption may be needed to allow such operations. The

sUASs will never operate at altitudes higher than 400 feet AGL and will be limited to the area within the

construction jobsite, where buildings and people will not be exposed to operations without their notification

as described herein. The equivalent level of safety will be achieved given the size, weight, and speed of

the sUASs as well as the locations where they are operated. Flights will be over construction jobsites

controlled by Linbeck with owner approval. Because of the advance notice to onsite personnel, all affected

individuals will be aware of the planned flight operations. Any risk associated with Linbeck’s operations

would be far less than those presented by conventional aircraft carrying a pilot and flammable fuel. In

addition, the low-altitude operations of the sUASs will ensure separation between them and conventional

aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121: Altimeter settings

14. C.F.R. §91.121 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 have a GPS read-out rather than a barometric

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

confirming the altitude of the launch site as shown on the GPS altitude indicator before flight.

14 C.F.R. §91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Linbeck’s

sUAS will be limited to operations in controlled environments as outlined above and have a limited range

and flight time which may require an exemption from the requirements of this section.

The battery powering the sUAS provides approximately 23 minutes of powered flight, which is

less than the entire 30-minute reserve requirement in 14 C.F.R. 91.151. Given the limitations on the sUAS’s

proposed flight area and the location of its proposed operations within a predetermined area, however, a

longer time frame for flight in daylight-VFR conditions is reasonable. 

An equivalent level of safety can be achieved by limiting flights to 15 minutes, or enough battery

reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined

by the onboard monitoring system and the pilot), whichever happens first. This restriction would be ample

to return the sUAS to its planned landing zone from anywhere in its limited operating area.
7129785.3/SP/52895/0101/092215 Page 8

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745,

10673, and 10808.

14 C.F.R §91.203(a) and (b): Airworthiness certificates

Section 91.203(a)(1) establishes the procedural requirements for the issuance of airworthiness

certificates. The FAA is authorized 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. The small size and limited operating area associated with the sUAS

Linbeck will use will meet the requirements of an equivalent level of safety. Linbeck’s small sUAS will be

operated at low speed in controlled environments, on construction jobsites well removed from airports and

only over construction jobsites to which access is controlled and where all persons within the area have

been notified of the operations. 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 conventional aircraft (fixed wing or helicopter) operating with an airworthiness

certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder weighs less than 15 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a

secured area. Like other civil aircraft, operations under this exemption will be tightly controlled and

monitored by the operator, and under the requirements and in compliance with local public safety

requirements, to provide security for the area of operation. The ATO will be notified as appropriate. 

These safety enhancements, which already apply to civil aircraft operated in connection with

construction sites, provide a greater degree of safety to the public and property owners than conventional

operations conducted with airworthiness certificates. Further, application of these same criteria

demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of

operation, location of operation, lack of explosive materials or flammable liquid fuels, and ability to carry

an external load no greater than two (2) pounds.

This section also provides that an appropriate and current airworthiness certificate must be carried

on the aircraft and displayed at the cabin or cockpit entrance so that it is legible to passengers and crew. 

The sUAS fully loaded weighs no more than 10 pounds, however, and is operated without an onboard crew

or passengers. Therefore there is no ability or place to carry certification and registration documents or to

display them on the sUAS. 

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

point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable

to the sUAS.

The FAA has issued numerous exemptions to this regulation. See, e.g., Exemption Nos. 9565, 9665,

9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 C.F.R. §§ 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as

prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph
7129785.3/SP/52895/0101/092215 Page 9

(c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall

inspect or maintain the aircraft in compliance with Part 43. 

These sections apply only to aircraft with airworthiness certificates, and so will not apply to the

sUASs operated by Linbeck. Maintenance will be accomplished by the operator pursuant to the instructions

provided by the sUAS manufacturer and as described above. An equivalent level of safety will be achieved

by adherence to the manufacturer’s inspection and maintenance instructions, and because these sUASs are

very limited in size, will carry only a small payload with no flammable fuel, and will operate only in

restricted areas for short periods of time. The sUAS will operate no higher than 400 feet AGL and can land

immediately if mechanical issues arise. The operator will ensure that the UAS is in working order prior to

initiating flight, will perform required maintenance, and will keep a log of any maintenance performed.

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft

in an airworthy condition to provide the equivalent level of safety.

VII. SUMMARY

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

Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. §§ 45.23(b); 61.113(a) & (b);

91.7(a); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407 (a) (1);

91.409 (a)(1) & (2); and 91.417 (a) & (b), to operate commercially a small unmanned vehicle (15 pounds

or less) for aerial imaging, inspection, data collection, and monitoring of construction sites.

Approval of exemptions allowing commercial operations of sUASs in the construction industry

will enhance safety while reducing risk and cost. Manned aircraft monitoring and surveying would create

a greater risk because manned aircraft are much larger, carry combustible fuel, and carry an onboard human

pilot. In contrast, an sUAS weighing fewer than 15 pounds and powered by batteries would eliminate much

or all of that risk given the reduced mass and lack of combustible fuel carried on board. 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 15 lbs., conducted in the strict conditions outlined

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

including exempting the applicant from the requirements of Part 21 and allowing commercial operations.

These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as

a result, are far safer than conventional operations conducted with manned aircraft operating in close

proximity to the ground and people.

VIII. PRIVACY

All flight operations will occur over Linbeck construction jobsites, on private or controlled-access

property with the property owner's approval. Signs will be posted notifying onsite personnel of the sUAS

operations, and images taken will only be of individuals who have consented to being filmed or otherwise

have agreed to be in the area where aerial photography will take place.
7129785.3/SP/52895/0101/092215 Page 10

******

As described above, the conditions under which Linbeck proposes to operate its small, lightweight

sUASs satisfy each of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight, speed,

operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and

national security – and provide more than adequate justification for the grant of the requested exemptions

allowing commercial operation of Applicant’s sUASs on its construction jobsites as requested herein.

Sincerely,

LINBECK GROUP, LLC

Thomas Hook

Director, Applied Technologies