Page 1 of 7 NOVELLI, HARVIE & ASSOCIATES, Attorneys at Law, P.L.L.C. 12600 North Featherwood, Suite 120 Houston, Texas 77034 Tel. (281) 484

- 9500 Fax (281) 484

- 9519 www.nhapllc.com

F.B. Harvie, Jr. (Attorney ) bharvie@nhapllc.com

January 1 2 , 201 5

United States Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, D.C. 20590

Attn: Bill Crozier, Assistant Manager, UAS In tegration Office, AFS

- 80

Re:

Dear Mr. Crozier:

1. Applicant’s name, address and contact number are:

D&C Inspection Services, Inc. 2215 Repsdorph Rd., Seabrook, Texas 77586

Attn: Daniel Harry

Email: dan@dcinspection.com Phone No.: (281) 326

- 1800

2. Applicant’s agent:

F.B. (Ben) Harvie, Jr., Attorney At Law 12600 N. Featherwood, Suite 120, Houston, Texas 77034

Email: bharvie@nhapllc.com Phone No.: (281) 484

- 9500

3. Purpose for Request:

To secure an exemption to operate a sUAS under controlled

condi tions in defined airspace which would provide an enhanced level of safety to the successful operation of Applicant’s business which includes, but is not limited to, inspection of industrial complexes, transportation facilities and other structural entities that are subject to and in need of periodic or routine safety inspections by persons authorized either by regulation or by industry standard 1) Applicant: D&C Inspection Services, Inc.

2) Request for exemption Under Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act)Page 2 of 7 to determine the condition of the objects being inspected and to assure and establish a level of safe use and oper ations for which the inspected items are intended.

4. Regulation: The exemptions requested and/or required are from 14 CFR and are

as follows:

Part 21 45.23(b) 61.113 (a) & (b) 91.7 (a) 91.9 (b) (2)

91.103

91.109

91.119

91.121 91.151 (a) 91.203 (a) & (b) 91.405 (a) 407 (a) (1) 409 (a) (2) 417 (a) & (b); and Any other provisions out of Title 14, Code of Federal Regulations, that may be applicable to Applicant’s specific

use and not listed above.

5. Public Interest: Enhancement of Industry Safety. The exemption requested is in the public interest because the intended purpose of the operation of sUAS will enhance the safety of the inspection process presently utilized by Applicant which may have required, from time

- to

- time, inspectors to be on scaffo ld structures or other dangerous environments, or other hazardous conditions, in order to perform the inspections which are necessary and required to comply with industry standards or governmental regulations.

Development of Firefighting Techniques The p ublic interest would also be enhanced because Applicant intends to develop a heat

- sensing device for use by firefighting agencies that would detect dangerous hotspots, thereby reducing the hazardous work environment of firefighters and enhancing their resc ue operations.Page 3 of 7 Protection of Privacy Applicant has adopted a privacy policy that requires the operator to assure that no information or data of persons not engaged in the intended operation is collected, used, or disseminated so as to
achieve the public ’s expectation of privacy.

6. Previous exemptions:

The FAA has previously granted exemptions under Section 333 for similar operations in Exemption Nos.:

1. 11063

2. 11064

3. 11065

4. 11066

5. 11067

6. 11080

7. Conditions and l imitations:

A. Applicant proposes to adopt:

1. A Pilot Operating Handbook (POH) and/or

2. Flight Operations and Procedures Manual (FOPM)

3. Manufacturers Pilot Training Guide (MPTG)

4. UAV Check

- List

B. Applicant proposes the following conditions and/or limitations:

1. UA must weigh less than 55 pounds;

2. UA airspeed not to exceed 50 knots;

3. UA flights may not operate at more than 400 AGL and Altitudes reported to ATC must be in feet AGL;

4. UA must be operated within visual line of sight (VLOS) of the PIC;

5. All operations will utilize a visual observer (VO). The VO may be utilized as long as the PIC maintains VLOS capability and can communicate with the VO at all times;

6. The conditions and limitations will be added or amended in the operator’s manual;

7. The PIC will inspect t he UAS to ensure it is safe for flight, along with the Ground Control Station (GCS) if utilized. All maintenance and alterations must be properly documente d

. 8. A functional test flight must be performed for any UAS that has undergone maintenance or alter ations and be performed by the PIC and added to the operator’s manual;

9. The operator must follows the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement inspection and life limit requirements. The following mustPage 4 of 7 be included in the operator’s manual;

A. Actuators / Servos;

B. Transmission (single rotor);

C. Power plant (motors);

D. Propellers;

E. Electronic speed controller;

F. Batteries;

G. Mechanical or dynamic components (single

rotor );

H. Remote command and control;

I. Ground control station (if used); and

J. Any other component(s) as determined by the

operator.
10. The PIC must possess a private pilot certificate, a current

third

- class medical certificate and meet the flight review requirements specified in 14 CFR § 61.56;

11. A PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 200 flight hours and 25 hours as a UAS rotorcraft pilot and at least ten hours logged as a UAS pilot with a similar UAS type;

12. A PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of five hours as a UAS pilot operating the make and model of UAS to be utilized for operations under the exemption and three take

offs and three landings in the pre ceding 90 days. The PIC must operate the UA with appropriate distance from non

participants in accordance with 14 CFR § 91.119;

13. The PIC and VO must have completed a qualification

process; 14. A flight demonstration, administered by an operator

approve d and

- qualified pilot must be completed and documented in accordance with the operator’s manual;

15. The UA may not be operated directly over any person, except authorized and consenting i nspection personnel, below an altitude that is hazardous to persons or property;
16. All participating persons must be essential and consent to the UAV operation which should require no further FSDO or ASI approval;

17. The operator must ensure that no persons are allowed within 500 feet of the area except those consentin g to be involved and who are necessary for the on

- going operation of the entity being inspected;

18. If the UAS loses communications or loses its Global Positioning System (GPS) signal, the UA must return to aPage 5 of 7 pre

- determined location within the security pe rimeter and land or be recovered in accordance with the operator’s
manual;

19. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s
manual;

20. Each operation must be completed within 30 minut es flight time or with 25% battery power remaining, whichever occurs first;

21. The operator must contain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption . This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but no less than 48 hours prior to the operation;

22. All aircraft operated in accordance with this exemption must

be identifi ed by serial number, registered in accordance with 14 CFR part 47and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as possible;

23. The operator must develop procedures to document and

maint ain a record of the UAS m aintenance, alterations,

status of replacement/overhaul component parts, and the

total time in service of the UAS.

24. Each UAS operated under this exemption will comply with all manufacturing safety bulletins;

25. The operator wi ll develop UAS technician qualification criteria. And the criteria will be in the operator’s manuel;

26. The pre

- flight inspections section of the operator’s manual will include the requirement that the pre

- flight inspection will account for all discrepan cies, i.e. inoperable components, items, or equipment;

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA will comply with the FCC or other appropriate government oversight agency requirements;

28. At least three days before a scheduled inspection the operator of the UAS affected by this exemption will submit a written plan of activity to the local FSDO with jurisdiction over the area of the proposed inspection. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities will include the following:

A. Dates and times for all flightsPage 6 of 7 B. Name and phone number of the operator for the UAS inspection conducted under this grant of exemption

C. Name and phone number of the pe rson responsible

for the on

- site operation of the UAS

D. Make, model, and serial or N

- number of UAS to be

used

E. Name and certificate number of UAS PIC s involved in the inspection process

F. A statement that the operator has obtained permission from pr operty owners and/or local officials to conduct the inspection; the list of those who gave permission shall be made available to the inspector upon request

G. Signature of exemption

- holder or representative

H. The description of the flight activity, inclu ding maps or diagrams of any area, city, town, county, and/or state over which the inspection will be conducted and the altitudes essential to accomplish the operation.

29. The documents required under 14 CFR §§91.9 and 91.203

must be availab le to the PIC at the ground control station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request;

30. The UA must remain clear and yield the right of way to all other manned operations and activities at all times (including,

but not limited to ultra

- light vehicles, parachute activities, parasailing activities, hand gliding, etc.);

31. UAS operations may not be conducted during night, as defined in 14 CFR § 1. 1 All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR ) are not authorized;

32. The UAS cannot be operated by the PIC from any moving device or vehicle;

33. The UA may not be operate d less than 500 feet below or less than 2000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC;

34. The UA may not be operated in class B, C, or D airspace without written approval from the FAA. The UA may not

oper ate within 5 nautical miles of the geographic center of a

non

- towered airport as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with the airport’s management is obtained, and the operation is

conducted in accordance wit h a NOTAM as required by the operator’s COA. The letter of agreement with the airportm a n age m e nt mu s t b e m ade ava ilable t o th e ad mini s trat o r

up o n r e qu es t.
35

. A n y I ) In c id e nt

, 2) Acc id e nt , o r 3) Fli g ht o peration th a t

tran sg re sses th e l ate r al o r ve rti ca l boundaries of the

o p e r a ti o n a l a r ea as defined by the app li cab l e COA mu s t b e

r epo r ted t o th e Fede ral Av i at i o n Admin i s tr a tion 's (FAA)

UAS Int eg r a tion Office (AFS

- 80) w ithin 24 h o ur. Ac c ident s

mu s t b e r e port e d t o th e Na ti o nal T ran s portati o n Safety Board (NTSB) p er in s tru c ti o n co n ta in ed o n th e NTS B '.-ve b si t e:

www. nt s b.gov. Further fl i g ht o p e r a ti o n s m ay n ot b e conduc t e d unti I the in cident

, acc ident , o r transgression i s

r ev i ewed b y th e A FS

- 80 and a uth or i ze d to re s ume operations

i s provided.

36. The UAS, PI C a nd ope rat o r w ill co mpl y w ith a ll app l icable

part s of 14 CFR in c lu ding, but n ot limit ed t o, parts 45,47,6 1. 9 1.

The cr it er i a propo se d in thi s app l ication a r e b e li eve d to h ave p r ev i o u s l y b ee n rev ie we d and approved wi th prio r exe mpti o n s and g i ven th e p u b l ic n ee d fo r the in s p ec ti o n s mandat ed b y

r eg ul a ti o n or s u ggested by in d u s tr y sta nd a r ds provide s th e ass u ra n ce so u g ht b y th e Federal Av i atio n Ac t of 195 8 a nd the FAA m o d e rni zat i on a n d r efo rm ac t of 20 1 2 t o e n s ure th e sa f e operations

ant i c ipat e d in thi s r e qu es t of t h e a ir c r aft in the n at i o nal air s pa ce sys t e m

. Your r ev i ew a nd r ep l y a r e g r eat l y apprec i ated. My office i s adjace n t t o th e FSDO of fi ce

on Featherwood in H o u s ton

, Texas and wo ul d faci l it a te o u r in per so n com munic atio n s h o uld it be

ne cessary.

Very Trul y Your s,

NOVELLI

, HARV I E & A. Attorney s a t l aw
, PLL C

P age 7 of7