PETITION OF ADvTECH ENVIRONMENTAL, INC.

FOR EXEMPTION PURSUANT TO SECTION 333

OF FAA MODERNIZATION AND REFORM ACT OF 2012

July 30, 2015

Prepared for

U.S. Department of Transportation

Docket Operations

1200 New Jersey Ave., SE

Washington, DC 20590

Prepared by

 ADvTECH ENVIRONMENTAL, INC.

Environmental Engineering Consultants

632 S. Azusa Avenue

West Covina, California 91791
To Whom It May Concern:

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

14 C.F.R. Part 11, ADvTECH Environmental, Inc. (ADvTECH) hereby applies for an exemption 

from the Federal Aviation Regulations identified below.

This exemption is in accordance with protocols outlined in this petition for exemption, 

the enclosed UAS manufacturer’s operations and/or instructions manual and any other 

requirements established by the FAA pursuant to Section 333 of the FRMA.
ADvTECH Environmental Inc. | Table of Contents 

Contents

I. PETITIONER’S DESCRIPTION................................................................................................. 1

II. RELEVANT STATUTORY AUTHORITY ................................................................................... 2

III. QUALIFICATIONS FOR APPROVAL UNDER SECTION 333 OF THE REFORM ACT..................... 3

IV. DESCRIPTION OF PROPOSED OPERATIONS ........................................................................ 4

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED ..................................................... 5

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1).

................................................................................................................................................. 5

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft....................... 6

C. 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements........................................................................................................................... 6

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft ................................ 6

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.............................................................. 7

F. 14 C.F.R. § 91.103: Preflight Action.................................................................................. 7

G. 14 C.F.R. § 91.109(a): Flight Instruction.......................................................................... 7

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes .................................................................... 8

I. 14 C.F.R. § 91.121: Altimeter Settings................................................................................ 8

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions ......................... 9

K. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration ... 9

L. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance 

Inspections ............................................................................................................................ 10

VI. PUBLIC INTEREST................................................................................................................. 11

VII. PRIVACY............................................................................................................................. 12

VIII. FEDERAL REGISTRY SUMMARY......................................................................................... 13

IX. CONCLUSION........................................................................................................................ 14
THIS PAGE IS LEFT INTENTIONALLY BLANK
 ADvTECH Environmental | Petitioner’s Description Page | 1

I. Petitioner’s Description

ADvTECH Environmental Inc., was established in 1993 to provide streamlined, results-oriented 

consulting services in environmental compliance, site investigation, and remediation. Our team 

understands the impact of new Unmanned Aircraft Systems (UAS) technologies in the water 

resources industry and believes it necessary to adopt these technologies in order to sustain and 

grow business. Our team specializes in land use studies, geologic reconnaissance, and water 

resources and therefore quality control, data collection, and inspection are our top priorities.

There are areas that have been unable to be reached for data collection due to large areas, water 

bodies, or rugged terrain. Examples would be flood control areas, large lakes, and water channels. 

With UAS, there is an inherent advantage to both data collection and overall understanding of 

pollution pathways that affect our water system. In California, this is especially critical due to the 

infrequency of rain, a large driving population, and the Pacific Ocean. We have an obligation as 

a company to offer the most accurate data and the most affordable value for our clients. 

Additionally, UAS serves to protect our employees from potentially dangerous situations due to 

environmental factors.

Derek Chung, E.I.T.

Michael E. Shiang, R.G., C.Hg., QSP

ADvTECH Environmental, Inc.

632 S. Azusa Avenue

West Covina, CA 91791

(626) 339-3234

dchung@advtech.net

mshiang@advtech.net
 ADvTECH Environmental Inc. | Relevant Statutory Authority Page | 2

II. Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress’ goal in passing Section 333(a) through 

(c) of the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil 

unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the 

Reform Act, the FAA Administrator is to consider whether certain unmanned aircraft systems may 

operate safely in the National Airspace (“NAS”) before completion of the formal UAS rulemaking, 

based on the following considerations:

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

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within visual line of sight of the operator (Id. At§ 333(b)(1)).

If the Secretary determines that such vehicles “may operate safely in the National Airspace System, 

the Secretary shall establish requirements for the safe operation of such aircraft in the National 

Airspace System”.

Additionally, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator decides a requested exemption is in 

the public interest. See 49 U.S.C § 44701(f) (permitting exemptions from §§ 44701(a), (b) and 

§44702 – 44716, et seq.). A part requestion an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 

(petitions for exemptions).
 ADvTECH Environmental Inc. | Qualifications for Approval Page | 3

III. Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under 

Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are 

satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS under 

controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access; 

and that (4) provides an increased level of safety beyond that existing when fixed or rotor wing 

aircraft are used to accomplish the same purpose.

Petitioner’s UAS are rotorcraft, weighing less than approximately 6 pounds. They operate, under 

normal conditions, at low speed and have the capability to hover, and move in the vertical and 

horizontal plane. Petitioner’s UASs will operate in line of sight and will only operate within a 

sterile area described in the enclosed manuals.

Given the small size of the UASs involved and the restricted sterile environment which they will 

operate, this petition exemption falls within the zone of safety i.e., an equivalent level of safety, in 

which congress desired the FAA to permit commercial UAS operations by exemption pending 

completion of formal rulemaking. Also, due to the size of the UASs and the restricted area in the 

UASs will operate, approval of the application presents no national security issue.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, the grant of the requested exemptions is also in the 

public interest.

Accordingly, Petitioner respectfully requests the FAA grant the requested exemption without 

delay.
 ADvTECH Environmental Inc. | Description of Proposed Operations Page | 4

IV. Description of Proposed Operations

The following describes the policies and procedures for the Petitioner’s proposed UAS operations. 

To assist the FAA in its safety assessment of Petitioner’s proposed UAS operations, below is a 

summary of operational limitations and conditions which will ensure an equivalent or higher level 

of safety to operations conducted under current regulatory guidelines.

1. The UAS total weight will weigh no more than 15 pounds.

2. Flights will be operated with in Visual Line of Sight (VLOS) of the Pilot in Command 

(PIC) and/or observer.

3. Maximum total flight time for each operational flight will be limited to the amount of 

time the UAS can be flown and still maintain a reserve battery power of no less than 

25% or 4 minutes. 

4. Flights will be operated at an altitude of no more than 200 feet AGL.

5. Flights will be operated at a lateral distance of at least 100 feet from any inhabited 

structures, buildings, vessels, vehicles, or people not associated with the operation or 

have not signed a waiver in advance of the operation.

6. Crew for each operation could consist of a UAS Pilot and a Visual Observer as 

warranted.

7. The UAS Pilot will be trained for minimum of 50 flight hours on a vehicle that is flying.

8. Prior to operation, a project packet will be created which includes all safety and 

operational information necessary to safely carry out the flight.

9. A briefing will be conducted in regard to the planned UAS operations prior to each 

day’s missions. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing.

10. Pilot and Visual Observer will at all times be able to communicate by voice.

11. Pilot and Visual Observer will have been trained in operations of UAS generally and 

received up-to-date information on the particular UAS to be operated as required in the 

manual.

12. Permission or a signature of waiver from the responsible party / managing persons will 

be obtained prior to flight.

13. Appropriate permissions and permits will be obtained from territorial, state, county, or 

city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies.

14. If the UAS loses communications or loses its GPS signal, the UAS will have the 

capability to return to a predetermined location within the property boundaries.

15. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between pilot and observer.

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

emergencies.
 ADvTECH Environmental Inc. | Regulations in which Exemption is Requested Page | 5

V. Regulations from which Exemption is Requested

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 

50101 of the Act, including UASs, from its safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest.

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, and 

91 for purposes of conducting visual observations using UASs. Listed below are (1) the specific 

sections of 14 C.F.R. 

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 

91.203(a)(1). 

Given the size and limited operating area associated with the UAS 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 and Section 333 of the Reform Act both authorize the FAA to exempt 

aircraft from the requirement for airworthiness certificate, upon consideration of the size, weight, 

speed, operational capability, and proximity to airports and populated areas of the particular UAS.

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 as, or safer than, a conventional rotorcraft operating with an airworthiness certificate 

without restrictions and conditions of the proposed UAS operations.

Equivalent Level of Safety

The UAS to be operated hereunder, DJI Phantom 3 multi-rotor rotorcraft, DJI Inspire 1, and 3DR 

Solo weigh less than 6 pounds, carries neither a pilot nor passenger, carries no explosive materials 

or flammable liquid fuels, and operates exclusively within a secured and sterile area. Unlike other 

civil aircraft, the proposed operations will be controlled and monitored by the operator, as well as 

an observer, pursuant to the manuals’ requirements. Moreover, the FAA will have advance notice 

of all operations conducted under this exemption as deemed appropriate.

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

existing inspection operations, provide a greater degree of safety to the Petitioner’s employees, 

members of the public, and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, the 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, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load.
 ADvTECH Environmental Inc. | Regulations in which Exemption is Requested Page | 6

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the Petitioner’s UAS would otherwise require certification under 

Part 27, Petitioner seeks an exemption from Part 27’s air worthiness standards for the same reasons 

identified in the exemption request from 14 C.F.R. Part 21, Subpart H.

C. 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

Petitioner seeks an exemption from the aircraft marking and identification requirements contained 

in 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a). 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, 

Marking and Placard requirements, provides that: No person may operate a U.S.-registered civil 

aircraft unless that aircraft is identified in accordance with Part 45 of this chapter. 14 C.F.R. § 

45.23(b), Markings of the Aircraft, states: When marks include only the Roman capital letter "N" 

and the registration number is displayed on limited, restricted or light-sport category aircraft or

experimental or provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited, restricted, light-sport, experimental, or provisional," as 

applicable. Page 10 14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must 

display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the 

marks required by § 45.23. Exemption from 14 C.F.R. § 45.23(b) is warranted because the UAS 

has no entrance to the cabin, cockpit, or pilot station on which the word "Experimental" can be 

placed. Moreover, given the size of the UAS, two-inch lettering will be impossible. Given the 

nature of the specific relief sought by this exemption request, Petitioner requires relief from the 

associated marking and identification requirements of § 45.27(a) and § 91.9(c), which would 

require compliance with § 45.23(b).

Equivalent Level of Safety

The equivalent level of safety for exemptions to the aircraft marking and identification

requirements of §§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the UAS marked on 

its fuselage as required by § 45.29(f). The FAA has previously issued the following exemptions to 

the aircraft marking requirements of § 45.23(b): Exemption Nos. 10700, 10167 and 10167A.

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Petitioner seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), 

which states:(b) No person may operate a U.S.-registered civil aircraft – ...(2) For which an 

Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is 

available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual 

material, markings and placards, or any combination thereof. Given its physical dimensions, 

configuration and load capacity, the UAS has no ability to carry such a manual on the aircraft, not 

only because there is no pilot on board, but because there is simply no room or capacity to carry 

such an item on the aircraft.
 ADvTECH Environmental Inc. | Regulations in which Exemption is Requested Page | 7

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by maintaining the 

UAS flight manual at the ground control point where the pilot flying the UAS will have immediate 

access to it. Accordingly, Petitioner requests an exemption from 91.9(b) (2)'s flight manual 

requirements, on the condition that the UAS flight manuals be available at the control point during 

each operation.

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in 

airworthy condition to be operated. Inasmuch there will be no airworthiness certificate issued for 

the UAS, should this exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness.

Equivalent Level of Safety

The DJI Phantom 3, Inspire 1, 3DR Solo, have a stellar safety record, demonstrating that the UAS 

is airworthy. Further, given the size of the UAS and the requirements contained in the Manual for

maintenance and pre-flight safety check lists, an equivalent level of safety will be provided. 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.

F. 14 C.F.R. § 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar 

with specific information before each flight, including information contained in the FAA-approved 

Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary 

to safely conduct the flight, an exemption is requested to the extent that an FAA-approved Flight 

manual is required on board the aircraft.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Aircraft Operations Manual. The 

PIC will take all required preflight actions - including reviewing weather, flight battery 

requirements, landing and takeoff distance, and aircraft performance data – before initiation of 

flight. The Aircraft Operations Manual will be kept at the ground station with the operator at all 

times.

G. 14 C.F.R. § 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which 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." UASs and remotely piloted aircraft, by their 

design, do not have functional dual controls. Instead, flight control is accomplished through the 

use of a box that communicates with the aircraft via radio communications.
 ADvTECH Environmental Inc. | Regulations in which Exemption is Requested Page | 8

Equivalent Level of Safety

Given the size and speed of the UAS, an equivalent level of safe training can still be performed 

without dual controls because no pilot or passengers are aboard the UAS, and all persons will be 

a safe distance away in the event that the UAS experiences any difficulties during flight instruction.

The FAA has approved exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft. Exemptions include: Nos. 

5778K and 9862A.

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 14

C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may

not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a

helicopter to operate at less than those minimum altitudes when it can be operated "without hazard 

to persons or property on the surface," provided that "each person operating the helicopter

complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

To provide the intended flood control facility inspections, lake inspections, storm channel 

inspections, the UAS is always operated below 200 feet AGL. Additionally, due the nature of the 

proposed operations, the UAS will maintain a lateral distance of at least 100 feet from inhabited 

structures, buildings, vehicles, and vessels, and from people not associated with the operation.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum 25 pounds 

proposed herein, and given the lack of flammable fuel, any risk associated with these operations 

is far less than those that presently exist with conventional aircraft. An equivalent level of safety 

will be achieved given the size, weight, and speed of the UAS, as well as the location where it is 

operated. As set forth in the Manual, the UAS will be operated in a restricted and sterile area, 

where buildings and people will not be exposed to operations without their pre-obtained consent. 

Because of the advance notice to the property owners and participants, all affected individuals will 

be well aware of the planned flight operations as set forth in the Manual.

Furthermore, by operating at such lower altitudes, the UAS will not interfere with other aircraft 

that are subject to the minimum safe altitude regulations. Finally, the successful safety record of 

the DJI Phantom 3 multi-rotor rotorcraft, DJI Inspire 1, and 3DR demonstrates that the UAS can 

be safely used at these lower altitudes and closer operating environments.

I. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport or barometric pressure. An exemption is required because the 

UAS does not have a barometric altimeter, but rather a GPS altitude read out.
 ADvTECH Environmental Inc. | Regulations in which Exemption is Requested Page | 9

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth. The operator 

will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. 

Moreover, the PIC will use the GPS altitude indicator built in to the UAS to constantly monitor 

height, thus ensuring operation at safe altitudes.

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Petitioner requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR 

conditions. Section 91.151 states:

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; or (2) At night, to fly after that for at least 45 minutes. Here, the battery 

powering the DJI Phantom 3 multi-rotor rotorcraft, DJI Inspire 1, and 3DR provides 

approximately 15 minutes of powered flight. To meet the 30 minutes reserve requirement 

in 14 C.F.R. § 91.151, UAS flights could not be conducted. Given the limitations on the 

UAS’s proposed flight area and the location of its proposed operations within a 

predetermined area, a safety margin based on a reserve amount of battery life is needed. 

Petitioner will not be conducting any UAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be conducted on-site 

without significant transit time by the UAS. All flights will be planned to be terminated with no 

less than 25% reserve battery power still available. This restriction would be more than adequate 

to return the UAS safely to the ground and its planned landing zone from anywhere in its limited 

operating area even in the event of an unexpected occurrence. Operation of the UAS with less than 

30 minutes of reserve fuel does not include the type of risks that Section 91.151(a) was intended 

to alleviate given the size and speed of the small UAS, and the proximity of the flight operation to 

the landing zone. Moreover, operation will be limited to controlled areas where only people and 

property owners, or official representatives who have signed waivers will be allowed. This request 

for exemption falls within the scope of prior exemptions, including Exemption Nos. 10673, 2689F, 

5745, 10673, and 10808.

K. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Petitioner seeks an exemption from civil aircraft certification and registration requirements of 14 

C.F.R. § 91.203(a) and (b). The regulation states in part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the 

following:

(1) An appropriate and current airworthiness certificate...
 ADvTECH Environmental Inc. | Regulations in which Exemption is Requested Page | 10

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph

(a) of this section or a special flight authorization issued under § 91.715 is 

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

In addition to the fact that Petitioner is seeking an exemption from the airworthiness certificate 

requirements, an exemption to this regulation is necessary because: (1) the UAS’s configuration, 

load capacity and size does not allow it to carry certification and registration documents; (2) the 

UAS does not have a cabin or cockpit entrance at which documents could be displayed; and (3) 

there are no passengers or crew for whom the certificates need to be displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed UAS operations, an equivalent level 

of safety will be achieved by keeping these documents at the ground control point where the PIC 

will have immediate access to them.

The FAA has issued numerous exemptions to this regulation, including: Exemption Nos.

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

L. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance 

Inspections

Petitioner also seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. §

91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as

prescribed in subpart E of this part and shall between required inspections ...have discrepancies

repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed

because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which

the UAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the Aircraft Operations Manual.

The operator will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed.

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.

If mechanical issues arise, the UAS’s size and carrying capacity, and the fact that flight operations 

will only take place in restricted areas for limited periods of time during daylight hours, creates 

less risk than that associated with conventional rotorcraft performing the same operation.
 ADvTECH Environmental Inc. | Public Interest Page | 11

VI. Public Interest

Granting ADvTECH Environmental, Inc.’s exemption request furthers the public interest. 

National policy set by Congress favors early integration of UAS into the national airspace in 

controlled, safe working environments such as those proposed in this petition. By their nature, 

flood control facilities, lakes, storm water channels, and evaporation ponds present unique 

difficulties for persons attempting to inspect and maintain these vital pieces of our water ways. 

Sending personnel to inspect dam structures and high walled flood storage facilities puts personnel 

at risk. These risks can be avoided by using a small UAS under controlled conditions to photograph 

and document the state of the equipment. This helps to facilitate repairs and identify issues before 

they become problems. The public deserves to have the highest level of quality control as they rely 

heavily on these facilities for flood and pollution protection. Employing the UAS in this capacity 

will further help to ensure their safety.

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental 

impact as compared to similar operations conducted with manned aircraft of greater proportions, 

carrying a crew and flammable fuel. Additionally, use of the UAS in order to facilitate commerce 

will lead to economic growth. Operations for this petition will enable service for property owners 

or their designees seeking an enhanced perspective for characteristics, amenities, and benefits of 

their desired photographic subjects that cannot be displayed through ground level 

videography/photography
 ADvTECH Environmental Inc. | Privacy Page | 12

VII. Privacy

All flights will occur over property with the property owner’s and/or manager's prior consent and

knowledge.
 ADvTECH Environmental Inc. | Federal Register Summary Page | 13

VIII. Federal Registry Summary

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

Federal Register, should it be determined that publication is needed:

ADvTECH Environmental, Inc. seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 CFR 91.7(a); 14 CFR

91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR

91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR

91.409(a)(2); 14 CFR 91.417 (a) & (b).

Approval of these exemptions allowing commercial operations of small and lightweight unmanned 

aircraft ("UAS") to conduct water body inspections will enhance safety by reducing risk to 

ADvTECH employees and clients, the general public and property owners.

The DJI Phantom 3 multi-rotor rotorcraft, DJI Inspire 1, and 3DR weigh less than approximately 

6 pounds and powered by batteries, eliminates virtually all of that risk given the reduced mass and 

lack of combustible fuel carried on board. The UAS is transported to the designated survey area 

set up. It is not flown from an external location to the work-site. The UAS will carry no passengers 

or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of this small UAS 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 UASs operate at slow speeds, close to 

the ground, and in a sterile environment. As a result, they are far safer than conventional aerial 

survey and inspection operations conducted with fixed wing aircraft or helicopters.
 ADvTECH Environmental Inc. | Conclusion Page | 14

IX. Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, weight, speed, 

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

of sight and national security—provides more than adequate justification for the grant of the 

requested exemptions to permit ADvTECH Environmental, Inc.to operate a UAS in support of its 

flood control facility inspections in accordance with the manuals appended hereto.

If additional information is required, or if you have any questions regarding this Petition for 

Exemption, please contact the undersigned or at:

________________________ _____________________________

R. Derek Chung, E.I.T.

Project Engineer

ADvTECH Environmental, Inc. or

632 S. Azusa Avenue

West Covina, CA

(909) 238-8630

dchung@advtech.net

Michael E. Shiang, R.G., C.Hg.

Principal

ADvTECH Environmental, Inc.

632 S. Azusa Avenue

West Covina, CA 91791

(626) 641-9632

mshiang@advtech.net

Materials Provided:

DJI Phantom 3 Manual

DJI Inspire 1 Manual

3DR Solo Manual

Note: Parts of this petition for exemption request were adopted from Dupont County FAA 

Section 333 Exemption application
ATTACHMENT A

UAS Manuals