## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 1 September 15 , 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Under Section333 of the FAA Modernization and Reform Act of 2012 and 14

C.F.R. Part 11

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 CFR Part 11, Pinnacl X, LLC ("Petitioner"), a Connecticut based small Unmanned Ai rcraft Systems, sUAS, manufacturing and utility aerial service company that performs structural inspection

, hereby seeks an additional exception

, from the Federal Aviation Regulations ("FARS") to allow commercial operation of small unmanned aerial systems ("sUAS") so long as such operations are conducted within and under conditions outlined herein or as may be established by the FAA as required by Section 333 1

. The
additional exemption is for using fixed wing aircraft for aeria l survays, inspection and softw are testing platforms

. The exemption is in accordance with protocols o utlined in this petition for exemption, protocols defined in the following proprietary and confidential documents:

 Exhibit A: Pinnacl X Aircraft Design Safety Improvement  Exhibit B: Fixed Wing UAS Operating Procedures  Exhibit C: Fixed Wing UAS Maintenance Procedure  Exhibit D: Pinnacl X Pilot and Observer Operating P rocedures Fixed Wing  Exhibit E: Pinnacl X UAS Training P rogram  Exhibit F 1 : Description of Aircraft Systems FWChameleon  Exhibit F2: Description of Aircraft Systems Ultra Stick 120 and 25e  Exhibit G: Lost C ommunication Procedure  Exhibit H: Fixed Wing Aircraft Flight Restrictions  Exhibit I : Publication, Multirotor Unmanned Aircraft Systems (UAS) Advanced Design for High

Tens ion Power Line Inspection , Presented by Alfred A. Gates at the 2015 AHS Specialist Meeting
on Unmanned Rotorcraft and Network

- Centric Operations Program , January 20

- 22, Chandler

Arizona  Exhibit J: Report, 115 KV Power Line Electromagnetic Interference Fiel d Testing Engineering and Safety Study , by Alfred A. Gates, Department of Engineering CCSU, 4/16/2014
 Exhibit K: UAVLAB Ultra Stick 120 and 25e  Exhibit L: UAS Research Project

For you convenience, this petition is organized as follows: 1 The conditions pr oposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3
2 Petitioner submits Exhibits A

- H

, and J its Manuals as a Confidential documents under 14 CFR 11.35(b), as the Manuals contain confidential commercial and proprietary. The Manuals contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of information Act 5 U.S.C. 552 et. Seq.

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 2 1. Petitioner's Description

Petitioner i s supported by the FWChameleon, Ultra Stick 120, a nd Ultra Stick 25e sUAS created by Pinnacl X. A small Unmanned Aircraft System (sUAS) that is light weight, single electric motor

, fixed wing sUAS specifically designed for inspection flight and software testing

.

The FW Chameleon has been designed based on the experience from inspect ing high tension power lines
and structures under FAA COA 2015

- 0667. The FW Chameleon was designed based on the research conducted by Dr. Alfred Gates from Central Connecticut State University involving structura l inspection of high tension power lines , see E xhibit A, I and J . Also employees of Pinnacl X and Dr. Gates have been involved with sUAS research, fixed wing and multicopter since 2006. In addition the Ultra Stick 120 and 25e fixed wing aircraft have been used by NASA and Universities extensively for aeronautical and UAS
research see Exhibits K and L

.

To further enhance its aviation safety competence, the petitioner engaged AirOcean to provide additional guidance involving High tension power line and stru ctural inspection using helicopters. AirOcean and Pinnacl X developed the safety check list, maintenance program and flight operations
manuals in Exhibit s A

- E . AirOcean is a fixed based operator at Yalesville heliport. AirOcean routinely perform high tensi on power line inspection for the utility industry in New England

. Additionally AirOcean performs a variety of commercial operations that include filming and photography.

The petitioner intends the sUAS Pilot in Command (PIC) to have a private pilot’s l icense

, have passed the
Pinnacl X sUAS course and to b e current with the FWChameleon, Ultra Stick 120 and 25e

, in addition to the FAA requirements for the location of flight operations . The petitioner also intends the Visual
Observer (VO) to have received i nstruction on flight operations with the FWChameleon, Ultra Stick 120
and 25e . Both the PIC and VO will hold a curren t Class II medical certificate.

Consistent with the requirements of 14 CFR 11.81(a), petitioner provides the following information in

s upport of its petition for exemption: The name and address of the petitioner is: Alfred Gates, Ph.D., P.E., Pinnacl X, LLC
16 West Cove Rd. Moodus CT, 06469 kswiftgates@aol.com

860 301

- 2117

Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. In the Reform Act, Congress directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems int o the national airspace system" and, under Section 333 of that law, directed the Secretary of Transportation ("FAA Administrator") to consider whether certain unmanned aircraft systems may operate safely in the National Airspace System ("NAS") before compl etion of the rulemaking required under
Section 332 of the Reform Act.

In making this determination, the Secretary shall determine, at a minimum:

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 3 which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, and operational c apability, proximity to airports and populated areas; and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and whether a certificate of waiver, certif icate of authorization, or airworthiness certification under section 44704 of title 49, United States Code is required for the operation of unmanned aircraft systems identified under paragraph (1).

If the Secretary determines that such vehicles "may opera te safely in the National Airspace System, the Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace System" (Emphasis added). 1

In addition, 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) (authorizing the grant of exemptions from a requirement of regulations prescribed pursuant to sectio n 44701(a)

- (b) and sections 44702

- 44716). A party requesting 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 e qual to the existing rules). See 14 CFR § 11.81; FAA, Petition for Exemptions.

Pinnacl X will solely utilize the FWChameleon, Ultra Stick 120 and 25e aircraft with a maximum takeoff weight well below the upper limit of 54 or fewer lbs. including payload

. The aircraft will operate, under normal conditions at a speed of no more than 80 Knots Indicated Air Speed (KIAS) and have the capability to land in confined areas. The aircraft will be operate d only in line of sight of the PIC and VO and will operate only within the sterile area approved by the

FAA . The sterile area confines the aircraft to airspace that is not currently navigable by manned aircraft per 14 CFR 91.119. Such operations will insure that the sUAS will “not create
a haza rd to users of the NAS or the public.” 4

Given the small size of the FW Chameleon

, Ultra Stick 120 and 25e the restricted sterile environment within which it will operate, the petitioner 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 UASs to co mmence immediately. Also due to the size of the
UASs and the restricted areas in which the relevant FWChameleon, Ultra Stick 120 and 25e sUAS will operate, approval of the application presents no national security issue.

Given the clear direction in Sec tion 333 of the Reform 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 of dramatically increased safety of

aviation versus no n

- aviation inspection services associated with allowing sUAS technology to
support Pinnacl X operations, the grant of the requested exemptions is in the public interest. Accordingly, the petitioner respectfully requests that the FAA grant the requested exe mption

1 Section 333 place s the duty on the Administrator

, inter alia, to craft conditions for the safe operation of the UAS

, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 4 without delay.

Qualification 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 criterial and other potentially 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) strictly controlled as to access, and; (4 ) would provide an increased level of safety beyond that existing when
Pinnacl X personnel are used to accomplish the same purpose.

Petitioner's sUAS are fixed wing , aircraft, weigh ing less than 54 pounds including payload specifically designed for safety and maximum ease of operation. The aircraft operates, under
normal condition s, at a speed of no more than 80 KIAS and has the capability to land in
confined areas

.

Petitioner's FWChameleon, Ultra Stick 120 and 25e sUAS will operate in line

- of

- sight of the PIC
and VO and will operate only within a sterile area surrounding objects that are current obstructions to navigable airspace for manned aircraft. Such operations will ensure that the FWChameleon, Ultra Stick 120 and 25e sUAS will "not create a hazard to users of the National Airspace System or the public."

Given the small size of the sUAS involved and the restricted sterile flight operation environment, this petition for exemption falls squarely within the zone of safety i.e., an equivalent level of safety, in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also, due to the size of the UASs and the restricted areas in which the sUAS will oper ate, 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 propose d operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for the proposed operations, the grant of the requested exemptions is also in the pub lic interest.

Accordingly, Petitioner respectfully requests that the FAA grant the requested exemption without delay.

Description of Proposed Operations

The Exhibit B

, Standard Operating Procedures ( SO P) describes the policies and procedures for

Petitio ner's proposed FWChameleon, Ultra Stick 120 and 25e sUAS operations. To assist the FAA in its safety assessment of Petitioner's proposed FWChameleon, Ultra Stick 120 and 25e

sU AS 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:

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 5 The FW Chameleon sU AS weight is less than 10 lbs.
The Ultra Stick 120 weight is less than 30 Lbs.
The Ultra Stick 25e weight is less than 10 Lbs.

Flights will be operated within line

- of

- sight of the PIC and VO

.

Maximum total flight time for each operational flight will be 80 minutes depending on the payload and aircraft . Flights will be terminated at 2 5 % battery power reserve should that occur prior to the 8 0 minute limit.

Flights will be operated at an altitude of no more than 200 feet above ground level ("AGL") or as specified by the FAA COA for the operating location

.

Minimum crew for each operation will consist of the fixed wind sUAS PIC and VO

.

The PIC will , meet all FAA requirements, which could be an FAA licensed airman with a private pilot's certificate or UAS certificate (when the FAA issues the criteria and proc edures for a UAS license) and a second class medical certificate . The required PIC qualifications will vary depending on the location of flight operations

. Also the PIC must be current and have passed the written and flight exams required by Pinnacl X.

The fixed wing sUAS pilot will be the PIC. If a pilot certificate holder other than the fixed wing sUAS Pilot is present and possesses the necessary PIC qualifications and has experience flying
the FWChameleon or Ultra Stick 120 and 25e , that person can al so be designated as PIC.

The fixed wing sUAS will only operate within a confined by geo

- fence to a sterile area

surro unding the structure and under 200 ’ AGL or altitude defined in the COA for the location of flight

. In addition the fixed wing sUAS will al so be programed to automatically switch modes from GPS position hold to altitude hold in the event of a GPS signal loss or signal reduction since a geo

- fence will also fail in the event of a GPS signal loss

.

A pre

- flight briefing, in accordance with the S O P (Exhibit B proprietary and confidential material) will be conducted in regard to the planned fixed wing sUAS operations prior to each flight mission. It will be mandatory that all personnel who will be performing duties within the
boundaries of the safety perimeter be present for the flight briefing.

Notification of flight operations to the FAA will be consistent with the Certificate of Authorization (COA) requirements. Petitioner will file a NOTAM 72 to 48 hours prior to the flight operations. Pet itioner will notify the airspace controlling authority and or airport
management at non

- towered airports prior to operating within 5 miles of an airport.

The PIC and VO have ultimate authority of any fight operation and can cancel as needed

.

The PIC and VO will be trained in operation of FWChameleon, Ultra Stick 120 and 25e sUAS and will have received up

- to

- date maintenance and flight log information on the particular FWChameleon, Ultra Stick 120 and 25e sU AS to be operated, as required in the Pinnacl X S O P.

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 6 The PIC and VO will at all times be able to communicate by voice

.

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

All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

If the fixed wing sU AS loses communications or loses its GPS signal, the fixed wing sU AS is equipped with advanced safety features that will allow the fixed wing sU AS to switch modes to

a n altitude hold mode or landing mode

, thereby avoiding a flyaway situation.

The fixed wing PIC sU AS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

Petitioner Requests Exemption From the Following Regulations

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. By its terms, this statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUAS, f rom its safety regulations and minimum standards when the Administrator decides a requested exemption i s in the public interest.

Petitioner seeks an exemption from several interrelated provisions of 14 CFR Parts 21, 45 and 91 for purpose s of conducting aerial surveys, inspections and software testing using sUAS. Listed below are: (1) the specific sections of 14 CFR for which exemption is sought; and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level
of s afety equal to or better than the rules from which exemption is sought.

Petitioner acknowledges that some of the below cited requests were addressed in FAA Order 11062 (Grant of Exemption to Astraeus Aerial, Docket FAA

- 2014

- 0352) and for which no action was taken by the FAA. The FAA’s analysis did, however, recite the petitioner’s information as the basis for the no action; this Petition recites all of the previous sections for which exemptions were requested therein.

14 C. F.R. Part 21, Subpart H

- Airw orthiness Certificates & 14 C. F.R. § 91.203(a) (1).

This petition seeks an exemption from 14 CFR Part 21, Subpart H, which establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 CFR §91.203(a)(1). Given t he size, weight, speed and limited, obstructed and unpopulated operating area associated with the FWChameleon, Ultra Stick 120 and 25e sU AS 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 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 UAS.

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 7 The fixed wing sU AS to be operated here under is less than 54 pounds fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a sterile area adjacent to structures that are considered
obstructions to manned aircraft. Unlike other civil a ircraft, aircraft operations will be tightly controlled and monitored by the PIC and VO pursuant to the Pinnacl X SOP requirements and in compliance with local public safety requirements. Site security for the area of operation is consistent with existing requirements for maintaining public safety. The operation has been reviewed by a panel of subject matter experts to identify risks and safety requirements to mitigate those risks per Exhibit A Pinnacl X design improvements and Exhibits K and L

.

Equiva lent Level of Safety

In all cases, an analysis of these criteria demonstrates that the FWChameleon, Ultra Stick 120
and 25e sU AS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at leas t as safe, or safer, than a conventional rotorcraft operating with an airworthiness certificate issued under 14 CFR Part 21, Subpart H. without the restrictions and conditions of the proposed FWChameleon, Ultra Stick 120 and 25e sU AS operations. The same criteria demonstrate that there is no credible threat to national security posed by the FWChameleon, Ultra Stick 120 and 25e , due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels and inability to carry a substantial external load.

14 C. F.R. Part 23 : Airworthiness Standards: Normal Category Airplanes

.

14 CFR Part 23 sets forth the procedural requirements for airworthiness certificati on of normal category airplanes . To the extent the Petitioner's FWChameleon, Ultra Stick 120 and 25e sU AS would otherwise require certification unde r Part 23, as an airplane , Petitioner re quests an exemption from Part 23 's airworthiness standards for the same reasons identified in the

e xemption request from item A. 14 CFR Part 21, Subpart H.

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

This petition seeks an exemption from the aircraft marking and identification requirements of

14 CFR §§ 91.9(c), 45.23(b) and 45.27(a).

14 CFR § 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 t his chapter.

14 CFR § 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," "experimenta l," or "provisional," as applicable.

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 8 14 CFR § 45.27(a), Airplane , states:

Each operator of an airplane must display on that airplane horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23.

Exemption from § 45.23(b) is warranted because the FWChameleon, Ultra Stick 120 and 25e

sU AS has no cabin, cockpit, or pilot station or entrance of any kind on which the word "Experimental" can be placed. Moreover, given the size of the FWChameleon, Ultra Stick 120
and 25e sU AS, two

- inch lettering would be impossible. The word "Experimental" will be placed on the fuselage in compliance with § 45.29(f).

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

An equivalent level of safety for exemptions to the aircraft marking and identification requir ements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the sUAS marked on its fuselage as required by §45.29(f) where the PIC

, VO , and others working with the sUAS will see the identification of the UAS as "Experimental." Additionally, Pet itioner will ensure compliance with any requests of sUAS marking by the FAA.

The FAA has issued the following exemptions to the aircraft marking requirements of § 45.23(b): Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C. F.R. § 61.113 (a) & (b): Pri vate Pilot Privileges and Limitations: Pilot in Command.

This petition seeks an exemption from the private pilot privileges and limitations of §61.113 (a) & (b), which states:

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 comp ensation 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. Private Pilot Privileges and Limitations: Pilot in Command.

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

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 9 property for compensation or hire; nor may that person, for compensa tion or hire, act as pilot
in command of an aircraft.

A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:

The flight is only incidental to that business or employment; an d the aircraft does not carry passengers or property for compensation or hire. Section 61.113(a) limits private pilots to being in command of non

- commercial flights. Section 61.113(b) (1) provides an exception that allows a private pilot to command an air craft without passengers or property, in connection with business or employment if “the flight is only incidental to that business or employment." That exception likely does not apply to the proposed operations under this petition for exemption, as the fli ghts are not incidental to the proposed aerial surveys and inspections but rather essential to it. Accordingly, this petition seeks an exemption to § 61.113(a)'s commercial limitation and/or § 61.113(b) (1)'s requirement that the flight be incidental to th e business to benefit from the exception.

Equivalent Level of Safety

As required by the SO P (Exhibit B), Petitioner's FWChameleon, Ultra Stick 120 and 25e sU AS operators acting as PIC will hold a private pilot license or UAS pilot certificate (when the FAA issues the regulations for applying for a UAS pilot certificate) and flight training specific to flight

aro und high tension power lines, structures and film ing developed by Pinnacl X . Because the FWChameleon, Ultra Stick 120 and 25e sU AS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety to § 61.113 (a) and (b), by requiring the PIC operating the sUAS to have a private pilot license or UAS certificate and flight training specific to the FWChameleon, Ultra Stick 120 and 25e

.

Unlike a conventional aircraft that carries the pilot and passengers, the FWChameleon, Ultra
Stick 120 and 25e sU AS is remotely con trolled with no living being on board. Moreover, the area of operation is controlled and restricted, and all flights are planned and coordinated in
advance as set forth in the Pinnacl X SO P.

The level of safety provided by the requirements included in the Pinnacl X SO P exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft in accordance with § 61.113 (a) & (b). The risks associated with the operation of small, lightweight UAS in an airspace a djacent to obstructions are diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing the proposed operations in this petition for exemption with a PIC holding a private pilot license

or UAS pilot certificate exceeds the present level of safety achieved by §61.113 (a) & (b).

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

This petition seeks an exemption from 14 CFR § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. In as much there will be no airworthiness certificate issued for the sUAS, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 10 Equivalent Level of Safety

The FW Chameleon sU AS ha s been developed from the experimentation and flight testing
with in close proximity of energized high tension power lines, performed by Alfred A. Gates. His research was recently presented at the prestigiously 2015 International American Helicopter Society Specialist Meeting on Unmanned Rotorcraft and Network

- Centric Operations Program

,
e xhibit I

. The flight testing included over 100 test flight under Central Connecticut State

Universities COAs. Given the size of the sUAS, the requirements contained in the Exhibit B Fixed Wing Operating Procedure (SOP) , Exhibit C Fixed Wing Maintenance Procedure , the training requirements of the PIC and VO and use of safety checklists prior to each flight, an equivalent level of safety will be provided.

The FAA has issued the following exemptions to this regulation: Exemption Order 11062.

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

This petition seeks an exemption from the flight manual requirements of 14 CFR § 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, appro ved manual material, markings, and placards, or any
combination thereof.

Given its size, configuration, and load capacity, the FWChameleon, Ultra Stick 120 and 25e

sU AS has no ability to carry such a manual on the aircraft, not only because there is no pi lot on board, but because there is simply no room or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by maintaining
the Exhibit C Fixed Wing Mainten ance Procedures

, at the ground control point where the pilot

is flying the FWChameleon, Ultra Stick 120 and 25e

, sU AS 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 FWChameleon, Ultra Stick 120 and 25e sU AS flight manual be available at the control point during e ach operation.

The FAA has issued the following exemptions to this regulation: Exemption Order 11062.

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

This petition seeks an exemption from § 91.103, which requires a PIC to become familiar with specific informatio n before each flight, including information contained in the FAA

- approved Flight Manual on board the aircraft. In as much as an FAA approved flight manual will not be provided for the sUAS, an exemption will be needed.

Equivalent Level of Safety

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 11 An equi valent level of safety will be pr ovided by following the FWChameleon, Ultra Stick 120
and 25e

, comprehensive p reflight checklist, Exhibit B, and Exhibit D Pilot and Observer Fixed Wing Operating Procedure . The PIC will take all actions, including reviewing weather and NOTAMs, flight battery requirements, landing and takeoff distances, and aircraft performance data, before initiation of flight.

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

This petition seeks an exemption from 14 CFR § 91.109(a), which provi des 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...

sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Instead, flight control is accomplished through the use of a control box that communicates
with the sUAS via radio communications.

Equivalent Level of Safety

Given the size and speed of the FWChameleon, Ultra Stick 120 and 25e sU AS, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the FWChameleon, Ultra Stick 120 and 25e sU AS. T he system is equipped with an automatic return to home feature that can be triggered at any time to respond to unpredicted challenges and all persons will be a safe distance away should the FWChameleon, Ultra Stick 120 and 25e sU AS experience any difficult ies during flight

instruction. Additionally, the aircraft’s light weight and slow speeds with no pilot or passengers on board create less of a danger to the public than aircraft equipped with dual
controls.

The FAA has approved exemptions for flight trai ning without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft (See Exemption Nos. 5778K & 9862A) and other sUASs (See FAA Order 11062).

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

This petitio n seeks an exemption from the minimum safe altitude requirements of 14 CFR § 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 CFR § 91.119(c). Section § 91.119(d) (1) 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 inspections, the FWChameleon, Ultra Stick 120 and 25e sU AS will normally need to be operated within a range of 200 feet laterally from the structure being inspected and under 400’ AGL. Accordingly, due to the nature of the proposed operations, the

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 12 PIC and the VO will be less than 1500 feet away from structures or filming areas during the operation, and an exemption is therefore required.

Equivalent Level of Safety

Compared to flight operations with manned fixed wing aircraft weighting far more than the

maximum 30 lbs. proposed herein, and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. As set forth in the Exhibit B Pinnacl X SOP , the FWChameleon, Ultra Stick 120 and 25e, sU AS will be operated in a geo

- fenced sterile area, where buildings and people will not be exposed to operations without their pre

- obtained consent. No flight will be tak en without the permission of the property owner and/or local officials. Because of the advance notice to the property owner and participants, all affected individuals will be aware of the planned flight operations as set forth in the SOP . Furthermore, by o perating at such lower altitudes adjacent to obstructions, the FWChameleon, Ultra Stick 120 and 25e, sU AS will not interfere with other aircraft that are subject to the minimum safe altitude regulations.

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

This petition seeks an exemption from 14 CFR § 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 FWChameleon, Ultra Stick 120 and 25e sU AS does not have a barometric altimeter, but
rather a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures s et forth in the General Preflight Checklist in Exhibit B Pinnacl X SOP . As prescribed in the SOP , the operator will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. The flight plan will be programmed to maintain a ppropriate a ltitude above ground and under

2 00’ AGL or as specified with in the COA for the location . Moreover, the PIC will use the GPS altitude indicator to constantly monitor the FWChameleon, Ultra Stick 120 and 25e sU AS’s height, thus ensuring operati on at safe altitudes.

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

This petition seeks an exemption from 14 CFR § 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

During the day, to fly after that for at least 30 m inutes; or At night, to fly after that for at least 45 minutes.

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 13 The battery powering the FWChameleon, Ultra Stick 120 and 25e sU AS provides approximately
a maximum of 80 minutes of powered flight depending on payload and aircraft

. However the aircraft typically will be flown with a 30 minute battery life. An exemption from the 20 minute reserve requirement in 14 CFR §91.151 is therefore required.

Equivalent Level of Safety

An equivalent level of safety can be a chieved by limiting flights to 3 0 minutes or 25 % of battery power, whichever happens first. This restriction would be more than adequate to return the FWChameleon, Ultra Stick 120 and 25e sU AS to its launch location from anywhere within its limited operating area. Operation o f the FWChameleon, Ultra Stick 120 and 25e sU AS with less
than 2 0 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the FWChameleon, Ultra Stick 120 and 25e

. Moreover, o peration 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. See e.g. Exemption
Order 11062

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

This petition seeks an exemption from civil aircraft certificat ion and registration requirements of 14 CFR § 91.203 (a) and (b). The regulation provides in pertinent part:

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

An appropriate and current airworthi ness certificate....

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 leg ible 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:
The FWChameleon, Ultra Stick 120 and 25e load capacity and size does not allow it to carry certification and registration documents;
The FWChameleon, Ultra Stick 120 and 25e does not have a cabin or cockpit entrance at which
the documents could be displayed; and There are no passengers or crew for whom the cer tificates need be displayed.

Equivalent Level of Safety

An equivalent level of safety will be achieved by keeping these documents, to the extent they are applicable to the FWChameleon, Ultra Stick 120 and 25e sU AS, at the ground control point

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 14 where the pilot flying the FWChameleon, Ultra Stick 120 and 25e sU AS will have immediate
access to them.

The FAA has issued numerous exemptions to this regulation. See, inter alia , Exemption Order

11062

14 C. F.R. §§ 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417 (a) & (b): Maintenance Inspections.

This petition seeks an exemption from the maintenance inspection requirements of 14 CFR §§ 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417 (a) & (b). Which state:

These regulations specify mainten ance and inspection standards in reference to 14 CFR Part 43. See, e.g., 14 CFR § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspect ions . . . have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections apply only to aircraft with an airworthiness certificate, which the FWChameleon, Ultra Stick 120 and 25e

sU AS 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 Exhibit C FWChameleon, Ultra Stick 120 and 25e . The operator will ensur e that the FWChameleon, Ultra Stick 120 and 25e sU AS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. The operator is 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 FWChameleon, Ultra Stick 120 and 25e sU AS can land immediately

. Moreover, the FWChameleon, Ultra Stick 120 and 25e sU AS small size, carrying

capa city, and the fact that flight operations will only take place in restricted areas for limited periods of time, create less risk than the same factors associated with conventional airplanes and rotorcraft performing the same operation.

Public Interest

Co nsistent with the requirements of 14 CFR §11.81(d), Petitioner offers the following reasons why granting this petition for exemption is in the public interest, i.e., how granting it would benefit the public as a whole.

Approval of exemptions allowing comm ercial operations of small and lightweight sUAS in the utility aerial services industry benefits the public as a whole in the following ways:

It helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act, namely,
the FAA Administ rator's assessment of whether certain UAS may operate safely in the National Airspace System before completion of the rulemaking required under Section 332 of the
Reform Act.

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 15 The operation significantly improves safety and reduces risk by alleviating human exposure to danger associated with current manned aerial surveying and inspection methods , namely, hovering helicopter inspection flight in confined areas and around personal . The public's interest is furthered by reducing human exposure to death or serious injury assoc iated with high risk helicopter flight in confined areas

. In addition the use sUAS for filming has a minimal impact on the environment.

Petitioner's FWChamele on, Ultra Stick 120 and 25e sU AS are battery powered and creates no
emissions. If Petitioner's FWChameleon, Ultra Stick 120 and 25e sU AS crashes, there is no fuel to ignite and explode. Any impact of Petitioner's lightweight FWChameleon, Ultra Stick 120 an d

25e sU AS is, obviously, far less than potentially harmful emissions associated with helicopters, cranes and lift equipment. The public's interest is furthered by minimizing ecological impact of an accident and by reducing human exposure to emissions.

Privacy

All flights will occur over Petitioner's property or the customer's property with the customer's prior consent and knowledge.

Federal Register Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the FEDERAL

R EGISTER, should it be determined that publication is needed:

Pinnacl X , LLC seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 C FR § 91.203(a)(1);14 CFR Part 23 : 14 CFR §§ 91.9(c), 45.23(b) and 45.27(a);14 CFR § 61.113 (a) & (b);1 4 CFR § 91.7(a); 91.9(b)(2); 91.103; 91.109(a); 91.119; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b)

Approval of exemptions allowing commercial operations of small and lightweight unmanned aircraft ("sUAS") in the aerial surveying and inspection industry will enhance safety by reducing risk to human life. Conventional operations in this industry using helicopters present the risks associated with unknown hazards that often lead to accidents, incidents and fat alities.

In contrast, the FWChameleon, Ultra Stick 120 and 25e sU AS weighing fewer than 30 Lbs

, and powered by batteries eliminates virtually all of that risk, given the reduced mass and lack of
combustible fuel carried on board. The FWChameleon, Ultra Stick 120 and 25e sU AS is transported, not flown, to the designated aerial surveying or inspection area and set up. The FWChameleon, Ultra Stick 120 and 25e sU AS carries no pass engers or crew and provides the inspection services elimina ting the requirement for personnel to use helicopters or airplanes

, eliminating the risks associated with unknown hazards.

The operation of sUASs like the FWChameleon, Ultra Stick 120 and 25e , weighing less than 30
lbs

, provides an equivalent level of saf ety and thus supports the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. The lightweight sUASs operate at slow speeds, close to the

## Pinnacl X Section 333 Exemption Request

Pinnacl X Page 16 ground, and in a sterile e nvironment adjacent to obstructions. As a result, they are far safer
than conventional power line and structural inspection fixed

- wing aircraft or helicopters.

Conclusion

The FWChameleon, Ultra Stick 120 and 25e as a result of its size, weight, speed, op erational capability, distance from airports and populated areas and operation within a contained area adjacent to obstacles within visual line of sight do not create a hazard to users of the national airspace system or pose a threat to national security. Adequate justification exists for the grant of the requested exemptions allowing commercial operation of Pinnacl X LLC’s FWChameleon,
Ultra Stick 120 and 25e sU AS in the power line and inspection industry and telecommunication
and in accordance with Exhibit A, B, C , D, E, F, G, H, I, J , K and L

, appended hereto.

If additional information is required, or if you have any questions regarding this Petition for Exemption, please contact Alfred A. G ates at Pinnacl X (860 301

- 2117 ; kswiftgates@aol.com ) for technical questions for any legal issues.

Pinnacl X , LLC

. Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations
Exhibit s A, B, C, D , K, L, S, T

Confidential commercial and proprietary information protected under 14 CFR § 11.35(b) and are protected from release under the Freedom of information Act 5 U.S.C. § 552 et.seq. The information contained in this exhibit has been submitted in the physical copies which

ma iled to the FAA Office of Rulemaking (ARM)

. If more copies are needed by FAA, requests
made to Alfred A. Gates will be honored

.

Respectfully Submitted,

Alfred A. Gates, Ph.D., P.E. Kathy Swift 

### Pinnacl X President & CEO 

## Pinnacl X