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 Aircraft 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 3331. The

additional exemption is for using fixed wing aircraft for aerial survays, inspection and software testing 

platforms. The exemption is in accordance with protocols outlined 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 Procedures Fixed Wing

 Exhibit E: Pinnacl X UAS Training Program 

 Exhibit F1: Description of Aircraft Systems FWChameleon

 Exhibit F2: Description of Aircraft Systems Ultra Stick 120 and 25e

 Exhibit G: Lost Communication Procedure

 Exhibit H: Fixed Wing Aircraft Flight Restrictions

 Exhibit I: Publication, Multirotor Unmanned Aircraft Systems (UAS) Advanced Design for High 

Tension 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 Field 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 proposed 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.
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1. Petitioner's Description

Petitioner is supported by the FWChameleon, Ultra Stick 120, and 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 FWChameleon has been designed based on the experience from inspecting high tension power lines 

and structures under FAA COA 2015-0667. The FWChameleon was designed based on the research 

conducted by Dr. Alfred Gates from Central Connecticut State University involving structural inspection 

of high tension power lines, see Exhibit 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 structural inspection using helicopters. 

AirOcean and Pinnacl X developed the safety check list, maintenance program and flight operations 

manuals in Exhibits A-E. AirOcean is a fixed based operator at Yalesville heliport. AirOcean routinely 

perform high tension 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 license, have passed the 

Pinnacl X sUAS course and to be 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 instruction on flight operations with the FWChameleon, Ultra Stick 120 

and 25e. Both the PIC and VO will hold a current Class II medical certificate. 

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

support 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 into 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 completion of the rulemaking required under 

Section 332 of the Reform Act.

In making this determination, the Secretary shall determine, at a minimum:
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which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, and 

operational capability, 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, certificate 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 operate 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 section 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 equal 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 operated 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 hazard to users of the NAS or the public.”4

Given the small size of the FWChameleon, 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 commence 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 Section 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 non-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 exemption 

 

1

Section 333 places 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.
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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, weighing less than 54 pounds including payload 

specifically designed for safety and maximum ease of operation. The aircraft operates, under 

normal conditions, 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 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, 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 public interest.

Accordingly, Petitioner respectfully requests that the FAA grant the requested exemption 

without delay.

Description of Proposed Operations

The Exhibit B, Standard Operating Procedures (SOP) describes the policies and procedures for 

Petitioner'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 

sUAS 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:
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The FWChameleon sUAS 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 25% battery power reserve should that occur 

prior to the 80 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 procedures 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 also be designated as PIC.

The fixed wing sUAS will only operate within a confined by geo-fence to a sterile area 

surrounding the structure and under 200’ AGL or altitude defined in the COA for the location of 

flight. In addition the fixed wing sUAS will also 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 SOP (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. Petitioner 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 sUAS to be operated, as required in the Pinnacl X SOP.
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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 sUAS loses communications or loses its GPS signal, the fixed wing sUAS is 

equipped with advanced safety features that will allow the fixed wing sUAS to switch modes to 

an altitude hold mode or landing mode, thereby avoiding a flyaway situation.

The fixed wing PIC sUAS 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, 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 CFR Parts 21, 45 and 

91 for purposes 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 safety 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 -Airworthiness 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 the size, weight, speed and limited, obstructed and unpopulated 

operating area associated with the FWChameleon, Ultra Stick 120 and 25e sUAS 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.
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The fixed wing sUAS 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 aircraft, 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. 

Equivalent Level of Safety

In all cases, an analysis of these criteria demonstrates that the FWChameleon, Ultra Stick 120 

and 25e sUAS operated without an airworthiness certificate, in the restricted environment and 

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

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 certification of normal 

category airplanes. To the extent the Petitioner's FWChameleon, Ultra Stick 120 and 25e sUAS 

would otherwise require certification under Part 23, as an airplane, Petitioner requests an 

exemption from Part 23's airworthiness standards for the same reasons identified in the 

exemption 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 this 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," "experimental," or "provisional," as applicable.
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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 

sUAS 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 sUAS, 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 

requirements 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, Petitioner 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): Private 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 compensation or hire, act as pilot 

in command of an aircraft. 

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

connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 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 
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property for compensation or hire; nor may that person, for compensation 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; and 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 aircraft 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 flights 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 the business to 

benefit from the exception.

Equivalent Level of Safety

As required by the SOP (Exhibit B), Petitioner's FWChameleon, Ultra Stick 120 and 25e sUAS 

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 

around high tension power lines, structures and filming developed by Pinnacl X . Because the 

FWChameleon, Ultra Stick 120 and 25e sUAS 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 sUAS is remotely controlled 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 SOP.

The level of safety provided by the requirements included in the Pinnacl X SOP 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 adjacent 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.
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Equivalent Level of Safety

The FWChameleon sUAS has been developed from the experimentation and flight testing 

within 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, 

exhibit 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, approved manual material, markings, and placards, or any 

combination thereof.

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

sUAS 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.

Equivalent Level of Safety

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

the Exhibit C Fixed Wing Maintenance Procedures, at the ground control point where the pilot

is flying the FWChameleon, Ultra Stick 120 and 25e, sUAS 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 sUAS flight manual be 

available at the control point during each 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 information 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
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An equivalent level of safety will be provided by following the FWChameleon, Ultra Stick 120 

and 25e, comprehensive preflight 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 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...

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 sUAS, 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 sUAS. The 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 sUAS experience any difficulties 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 training 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 petition 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 sUAS 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 
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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, sUAS 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 taken 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 operating at such lower altitudes adjacent to obstructions, the FWChameleon, Ultra Stick 

120 and 25e, sUAS 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 sUAS 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 set 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 appropriate altitude above ground and under 

200’ 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 sUAS’s 

height, thus ensuring operation 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 speedDuring the day, to fly after that for at least 30 minutes; or

At night, to fly after that for at least 45 minutes.
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The battery powering the FWChameleon, Ultra Stick 120 and 25e sUAS 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 achieved by limiting flights to 30 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 sUAS to its launch location from anywhere within its 

limited operating area. Operation of the FWChameleon, Ultra Stick 120 and 25e sUAS with less 

than 20 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, 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. 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 certification 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 airworthiness 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 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: 

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 certificates 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 sUAS, at the ground control point 
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where the pilot flying the FWChameleon, Ultra Stick 120 and 25e sUAS 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 maintenance 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 

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 apply only to 

aircraft with an airworthiness certificate, which the FWChameleon, Ultra Stick 120 and 25e 

sUAS 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 ensure that the FWChameleon, Ultra Stick 120 and 25e sUAS 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 sUAS can land 

immediately. Moreover, the FWChameleon, Ultra Stick 120 and 25e sUAS small size, carrying 

capacity, 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

Consistent 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 commercial 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 Administrator'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.
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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 associated with 

high risk helicopter flight in confined areas. In addition the use sUAS for filming has a minimal 

impact on the environment. 

Petitioner's FWChameleon, Ultra Stick 120 and 25e sUAS are battery powered and creates no 

emissions. If Petitioner's FWChameleon, Ultra Stick 120 and 25e sUAS crashes, there is no fuel 

to ignite and explode. Any impact of Petitioner's lightweight FWChameleon, Ultra Stick 120 and 

25e sUAS 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 

REGISTER, 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 CFR § 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);14 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 fatalities.

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

transported, not flown, to the designated aerial surveying or inspection area and set up. The 

FWChameleon, Ultra Stick 120 and 25e sUAS carries no passengers or crew and provides the 

inspection services eliminating 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 safety 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 
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ground, and in a sterile environment 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, operational 

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 sUAS 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. Gates 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

Exhibits 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 

mailed 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