June	18th,	2015

U.S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Washington,	DC	20590

Dear	Sir	or	Madam,

Please	find	below	Good	Earth	Tools	request	for	exemption	from	the	listed	Federal	

Aviation	Regulations	to	allow	commercial	operations	of	its	Unmanned	Aircraft	

Systems	for	safe	aerial	imaging	of	railway	bridges.

Thank	you	for	your	time	and	consideration,	and	please	let	me	know	if	you	have	any	

questions.

Sincerely,

Eric	Van	de	Riet

Good	Earth	Tools

Drone	Intern
Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	

“Reform	Act”)	and	14	C.F.R.	Part	11,	Good	Earth	Tools,	the	operator	of	the	DJI	

Phantom	3	Professional	Unmanned	Aircraft	System	(“UAS”),	seeks	an	exemption	

from	the	Federal	Aviation	Regulations	(“FARs”)	listed	below.

The	requested	exemption	would	permit	Good	Earth	Tools	to	operate	their	Phantom	

3,	which	weighs	less	than	4	pounds,	and	is	made	by	DJI,	for	informal	railroad	bridge	

inspections:

- take	video	and	photographs of	railroad	bridges

- allow	more	precise	identification	of	potential	bridge	issues

As	detailed	in	this	document,	the	requested	exemption	would	permit	the	operation	

of	UAS	under	controlled	conditions	in	airspace	that	is:

- limited

- predetermined

- controlled	as	to	access

Approval	of	this	exemption	would	thereby	enhance	safety	and	fulfill	the	Secretary	of	

Transportation’s	(the	FAA	Administrator’s)	responsibilities	to	“establish	

requirements	for	the	safe	operation	of	such	aircraft	systems	in	the	national	airspace	

system.”

Good	Earth	Tools	specializes	in	modifying	construction	equipment	to	allow	them	to	

aide	in	the	construction	and	maintenance	or	railroads.		The	Phantom	3	would	allow	

Good	Earth	Tools (“GET”) to	help	customers	better	identify	what	might	require	

maintenance	work	without	having	people	walking	on	the	bridge	or	working	from	a	

bucket	hanging	off	the	side	of	the	bridge.		The	use	of	a	UAS	would	increase	safety	by	

keeping	people	off	of	the	bridge,	and	also	decrease	bridge	downtime.

Operations	under the	exemption	will	be	subject	to	strict	operating	requirements	

and	conditions	to	ensure	at	least	an	equivalent	level	of	safety	to	currently	

authorized	operations	using	manned	aircraft	and	under	conditions	as	may	be	

modified	by	the	FAA	as	required	by	Section	333.	

GET	respectfully	submits	that	because	this	small,	unmanned	aerial	vehicle	will	be	

used	in	lieu	of	comparatively	hazardous	operations,	such	as	inspectors	in	buckets	

hanging	over	the	bridge,	the	FAA	can	have	confidence	that	the	operations	will	

achieve	at	least	an	equivalent	or	greater	level	of	safety	than	previously	existed.		

Approval	of	this	exemption	would	thereby	enhance	safety	and	fulfill	the	Secretary	of	

Transportation’s	responsibilities	under	Section	333(c)	of	the	Reform	Act	“to	

establish	requirements	for	the	safe	operation	of	such	aircraft	systems	in	the	national	

airspace	system”.

The	name	and	address	of	the	applicant	is:

Good	Earth	Tools

Eric	Van	de	Riet
PH:	314-941-9464

Email:	evanderi@purdue.edu

Address:	43	Muirfield	Lane,	St.	Louis	MO	63141

The	regulations	from	which	the	exemption	is	requested	are	as	follows:

14	C.F.R.	Part	21;	

14	C.F.R.	45.23(b);	

14	C.F.R.	91.7(b);	

14	C.F.R.	91.9(b)(2);	

14	C.F.R.	91.109(a);	

14	C.F.R.	91.119;	

14	C.F.R.	91.151(a);	

14	C.F.R.	91.203(a)	&	(b);	

14	C.F.R.	91.405(a);	

14	C.F.R.	91.407(a)(1);	

14	C.F.R.	91.409(a)(2);	

14	C.F.R.	91.417(a).

I. Statutory	Authority	for	Exemptions

The	Federal	Aviation	Act	expressly	grants	the	FAA	authority	to	issue	

exemptions.	This	statutory	authority	includes	exempting	civil	aircraft,	as	the	term	is	

defined	under	40101	of	the	Act,	including	UASs,	from	the	requirement	that	all	civil	

aircraft	must	have	a	current	airworthiness	certificate.	

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

prescribed	under	subsection	(a)	or	(b)	of	this	section	or	any	sections	44702-44716	

of	this	title	if	the	Administrator	finds	the	exemption	ion	the	public	interest.	49	U.S.C.	

44701(f)	See	also	49	USC	44711(a);	49	USC	44704;	14	CFR	91.203(a)(1).	

Section	333(b)	of	the	Reform	Act	assists	the	Secretary	in	determining	whether	UASs	

may	operate	in	the	National	Airspace	System	(NAS)	without	creating a	hazard	to	the	

user,	the	public,	or	a	threat	to	national	security.	In	making	this	determination,	the	

Secretary	must	consider:	

- The	UAS’s	size,	weight,	speed,	and	operational	capability

- Whether	the	UAS	operates	within	the	visual	line	of	sight	of	the	operator

- Whether	the	UAS	operated	outside	of	highly	populated	areas	and	away	from	

close	proximity	to	airports.		

Reform	Act	333(a).	If	the	Secretary	determines	that	a	UAS	“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.”	Id.	333(c).	

GET’s	UASs	are	multirotor vehicles,	weighing	4 or	fewer	lbs.	including	

payload.		The	pilot	will	operate	under	normal	conditions	at	a	speed	of	no	more	than	

25 knots	and	have	the	capability	to	hover,	and	move	in	the	vertical	and	horizontal	

planes simultaneously.	The	UASs	will	operate	only	in	the	pilot’s	visual	line	of	sight	at	
all	times.	Such	operations	will	ensure	that	the	UASs	will	“not	create	a	hazard	to	

users	of the	national	airspace	system	or	the	public.”		Reform	Act	Section	333	(b).	

Given	the	small	size	of	the	UASs	involved	and	the	restricted	environment	

within	which	they	will	operate,	our	application	falls	squarely	within	the	zone	of	

safety	(an	equivalent	level	of	safety)	in	which	Congress	envisioned	that	the	FAA	

must,	by	exemption,	allow	commercial	operations	of	UASs	to	commence	

immediately.	

Also	due	to the	small	size	of	the	UASs	and	the	low	altitudes	and restricted	

areas	in	which	our	UASs	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,	

including	enhanced	safety,	the	grant	of	the	requested	exemptions	is	in	the	public	

interest.	 Accordingly,	GET respectfully	requests	that	the	FAA	grant	the	requested	

exemption	without	delay.

II. PUBLIC	INTEREST	

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

passing	Section	333(a)	through	(c)	of	the	Reform	Act.	This	law	directs	the	Secretary	

of	Transportation	to	consider	whether	certain	unmanned	aircraft	systems	may	

operate	safely	in	the	NAS	before	completion	of	the	rulemaking	required	under	

Section	332	of	the	Reform	Act.	By	granting	an	exemption	the	FAA	will	fulfill	

Congress’	intent	of	allowing	UAS	to	operate	with	significant	safety	precautions	in	

low	risk	environments.	

The	use	of	UASs	on	a	bridge site	can	significantly	reduce	the	risk	to	workers	

of	falls	while	inspecting	the	bridge.		UASs	can	inspect,	photograph,	and	collect	data	

on	hard	to	get	to	areas	that	otherwise	would	require	worker	inspection.		The	use	of	

a	drone	would	greatly	reduce	the	need	for	workers	to	be	placed	in	precarious	and	

high	locations,	greatly	reducing	the	risk	of	injury.

Additionally,	the	proposed	would	have	very	little	environmental	impact	as	it	

is	powered	by	lithium-ion	batteries,	and	thus	does	not	burn	fossil	fuels.		This	

provides	a	more	than	equivalent	level	of	environmental	impact,	as	a	typical	truck	

and	bucket	would	run	on	environmentally	harmful	fossil	fuels.

III. EQUIVALENT	LEVEL	OF	SAFETY	

GET	proposes	that	the	exemption	requested	herein	apply	to	civil	aircraft	that	

have	the	characteristics	and	that	operate	with	the	limitations	listed	herein.	These	

limitations	provide	for	at	least	an	equivalent	or	even	higher	level	of	safety	to	

operations	under	the	current	regulatory	structure	because	the	proposed	operations	

represent	a	safety	enhancement	to	the	already	safe	protocols	followed	on	

construction	sites	and	imaging	and	surveying	operations	conducted	with	helicopters	

and	other	conventional	aircraft.	
GET will	be	bound	by	the	following	limitations	when	conducting	its	UAS	

operations	under	an	FAA	issued	exemption:

1. The	UAS	will	be	less	than	5	pounds.

2. Flights	will	be operated	within	visual	line	of	sight.

3. Maximum	total	flight	time	will	be	20	minutes.		The	UAS	calculates	battery	

reserve	in	real	time,	and	will	return	to	its	original	takeoff	point	once	the	

battery	reaches	20%	remaining	should	this	limit	be	reached	before	the	20	

minute	flight	limit.

4. Flights	will	be	operated	at	an	altitude	of	less	than	200	AGL,	and	will	never	

exceed	400	AGL.		The	operator	is	presented	the	current	AGL	through	the	

ground	based	camera	feed.

5. Crew	for	each	operation	will	consist	of	the	UAS	pilot	who	will	keep	the	UAS	

within	his	or	her	visual	line	of	sight	at	all	times.

6. The	UAS	pilot	will	be	trained	in	flight,	operations,	and	safety	procedures.

7. The	UAS	will	only	operate	within	a	confined	area.

8. A	briefing	will	be	held	before	each	flight	that	will	inform	all	persons	involved	

of	the	flight	plan	and	necessary	safety	procedures.		

9. The	pilot	will	have	been	trained	in	operation	of	UASs	generally	and	received	

up	to	date	information	and	training	on	the	DJI	Phantom	3.

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

obtained.

11. All	required	permissions	and	permits	will	be	obtained	from	territorial,	state,	

county,	or	city	jurisdiction,	including	local	law	enforcement,	fire,	or	other	

appropriate	governmental	agencies.

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

capability	to	return	to	the	location	where	it	originally	took	off.

13. The	UAS	will	have	the	capability	to	safely	abort	a	flight	in	case	of	unpredicted	

obstacles	or	emergencies.

IV. DESCRIPTION	OF	SPECIFIC	REGULATIONS

14	CFR	Part	21,	Subpart	H:	Airworthiness	Certificates	14	C.F.R	91.203(a)(1)

Subpart	H,	entitled	Airworthiness	Certificates,	establishes	the	procedural	

requirements	for	the	issuance	of	airworthiness	certificates	as	required	by	FAR	

91.203	(a)(1).	Given	the	size	and	limited	operating	area	associated	with	the	aircraft	

to	be	utilized	by	GET,	an	exemption	from	Part	21	Subpart	H	meets	the	requirements	

of	an	equivalent	level	of	safety	under	Part	II	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.	Our	small	UAS	will	

be	operated	at	low	speed	in	a controlled	environment,	at	least	five	miles	from	an	

airport	and	more	than	three	miles	from	any	city	or	densely	populated	area.	An	

analysis	of	these	criteria	demonstrates	that	the	UAS	operated	without	an	

airworthiness	certificate,	in	the	restricted	environment	and	under	the	conditions	

proposed	will	be	at	least	as	safe,	or	safer,	than	conventional	aircraft	(fixed	wing	or	
helicopter)	operating	with	an	airworthiness	certificate	without	the	restrictions	and	

conditions	proposed.	

The	UAS	to	be	operated	hereunder	is	less	than	4 lbs.	fully	loaded,	carries	neither	a	

pilot	nor	passenger,	carries	no	explosive	materials	or	flammable	liquid	fuels,	and	

operates	exclusively	within	a	secured	area.	Like	other	civil	aircraft,	operations	

under	this	exemption	will	be	tightly	controlled	and	monitored	by	the	operator,	and	

under	the	requirements	and	in	compliance	with	local	public	safety	requirements.

Lastly,	application	of	these	same	criteria	demonstrates	that	there	is	no	credible	

threat	to	national	security	posed	by	the	UAS,	due	to	its	size,	speed	of	operation,	

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

of	ability	to	carry	an	external	load	outside	of	a	camera.

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

This	regulation	requires	certain	experimental,	provisionally	certified	aircraft,	or	

light-sport	category	aircraft	to	be	marked	with	letters	between	2	inches	and	6	

inches	high	“limited”,	“restricted”,	“light-sport”,	“experimental”,	or	“provisional”,	

near	each	entrance	to	a	cabin,	cockpit,	or	pilot	station.	Even	though	the	UAS	will	

have	no	airworthiness	certificate,	an	exemption	may	be	needed	as	the	UAS	will	have	

no	entrance	to	the	cabin,	cockpit,	or	pilot	station	on	which	the	word	“Experimental”	

can	be	placed.	Given	the	size	of	the	sUAS,	two-inch	lettering	will	be	impossible.	The	

word	“Experimental”	will	be	placed	on	the	fuselage	in	compliance	with	45.29(f).	The	

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

as	required	by	45.29(f)	where	the	pilot,	observers	and	others	working	with	the	

sUAS	will	see	the	identification	of	the	UAS	as	“Experimental”	The	FAA	has	issued	the	

following	exemptions	to	this	regulation.	Exemptions	Nos.	10700,	8738,	10167	and	

10167A.

14	CFR	61.113	(a)	&	(b):	Private	pilot	privileges	and	limitations:	Pilot	in	

command	

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

the	UAS	will	not	carry	a	pilot	or	passengers,	the	proposed	operations	can	achieve	

the	equivalent	level	of	safety	of	current	operations	by	requiring	the	pilot	operating	

the	aircraft	to	have	completed	at	least	40	hours	of	prior	UAS	flying	time	before	

undertaking	completion	of	a	bridge	inspection.	Unlike	a	conventional	aircraft	that	

carries the	pilot	and	passengers,	the	UAS	is	remotely	controlled	with	no	living	thing	

or	cargo	on	board.	The	area	of	operation	is	controlled	and	restricted,	and	all	flights	

are	planned	and	coordinated	in	advance.	The	risks	associated	with	commercial	

operations	contemplated	by	Part	61	when	drafted,	that	allowing	operations	of	the	

UAS	as	requested	with	a	pilot	who	has	met	the	minimum	requirements	exceeds	the	

present	level	of	safety	achieved	by	14	C.F.R.	61.113	(a)	&	(b).
14	C.F.R.	91.7	(a):	Civil	aircraft	airworthiness	

The	regulation	requires	that	no	person	may	operate	a	civil	aircraft	unless	it	is	in	

airworthy	condition.	As	there	is	no	airworthiness	certificate	issued	for	the	aircraft,	

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

determining	airworthiness.	Given	the	size	of	the	aircraft	and	the	use	of	safety	

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

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

requirements	

The	UAS,	given	its	size	and	configuration	has	no	ability	or	place	to	carry	such	a	flight	

manual	on	the	aircraft,	not	only	because	there	is	no	pilot	on	board,	but	because	

there	is	no	room	or	capacity	to	carry	such	an	item	on	the	aircraft.	The	equivalent	

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

point	where	the	pilot	flying	the	UAS	will	have	immediate	access	to	it.	The	FAA	has	

issued	the	following	exemptions	to	this	regulation:	Exemption	Nos.	8607,	8737,	

8738,	9299,	9299A,	9565,	9565B,	10167,	10167A,	10602,	32827,	and	10700.

14	C.F.R.	91.103:	Preflight	Action	

This	regulation	requires	each	pilot	in	command	to	take	certain	actions	before	a	

flight	to	ensure	the	safety	of	flight.	An	exemption	is	needed	from	this	requirement,

as	the	pilot	will	take	separate	preflight	actions,	including	checking	for	weather	

conditions,	checking	flight	battery	requirements,	checking	takeoff	and	landing	

distances,	and	all	other	actions	in	the	Preflight	Checklist	in	the	Manual.	These	

actions	will	provide	an	equivalent	level	of	safety.

14	C.F.R.	91.109	Flight	Instruction

Section	91.103	provides	that	no	person	may	operate	a	civil	aircraft	(except	a	

manned	free	balloon)	that	is	being	used	for	flight	instruction	unless	that	aircraft	has	

fully	functioning	dual	controls.	By	design,	UAS	and	remotely	piloted	aircraft	do	not	

have	fully	functional	dual	controls.	Flight	control	is	accomplished	through	the	use	of	

a	control	box	that	communicates	with	the	aircraft	via	radio	communications.	The	

FAA	has	previously	approved	exemptions	for	aircraft	without	fully	functional	dual	

controls.	See	Exemption	Nos.	5778K	&	9862A.	The	equivalent	level	of	safety	

provided	by	the	fact	that	neither	a	pilot	nor	passengers	will	be	carried	in	the	

aircraft,	the	ability	to	control	the UAS	via	radio	signals	from	the	controller,	and	by	

the	size	and	speed	of	the	aircraft.

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

Section	91.119	establishes	safe	altitudes	for	operation	of	civil	aircraft.	Section	

91.119	(d)	allows	helicopters	to	be	operated	at	less	than	the	minimums	prescribed,	

provided	the	person	operating	the	helicopter	complies	with	any	route	or	altitudes	
prescribed	for	helicopters	by	the	FAA.	This	exemption	is	for	a	multirotor	craft	that	

flies	similarly	to	a	helicopter,	with	vertical	takeoff	and	vertical	landing,	which	will	

typically	operate	at	altitudes	of	400	AGL,	so	an	exemption	may	be	needed	to	allow	

such	operations.	The	UAS	will	never	operate	at	altitude	higher	than	400	AGL	and	

will	be	in	a	restricted	area	with	security	perimeter,	where	buildings	and	people	will	

not	be	exposed	to	operations	without	their	pre-obtained	consent.	

The	equivalent	level	of	safety	will	be	achieved	given	the	size,	weight,	speed	of	the	

UAS	as	well	as	the	location	where	it	is	operated.	No	flight	will	be	taken	without	the	

permission	of	the	property	owner	or	local	officials.	Because	of	the	advance	notice	to	

the	property	owner	and	any	onsite	personnel,	all	affected	individuals	will	be	aware	

of	the	planned	flight	operations.	Compared	to	flight	operations	with	aircraft	or	

rotorcraft	weighing	far	more	that	the	maximum	10	lbs.	proposed	herein	and	

carrying	flammable	fuel,	any	risk	associated	with	our	operations	of	the	sUAS	will	

ensure	separation	between	these	small	UAS	operations	and	the	operations	of	

conventional	aircraft	that	must	comply	with	Section	91.119.

14	C.F.R.	91:121:	Altimeter	Settings	

This	regulation	requires	each	person	operating	an	aircraft	to	maintain	cruising	

altitude	by	reference	to	an	altimeter	that	is	set	“..to	the	elevation	of	the	departure	

airport	or	an	appropriate	altimeter	setting	available	before	departure.”	As	the	UAS	

may	not	have	a	barometric	altimeter,	but	instead	a	GPS	altitude	read	out,	an	

exemption	may	be	needed.	An	equivalent	level	of	safety	will	be	achieved	by	the	

operator,	pursuant	to	the	Safety	Checklist,	confirming	the	altitude	of	the	launch	site	

shown	on	the	GPS	altitude	indication	before	flight.

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

Section	91.151	(a)	outlines	fuel	requirements	for	beginning	a	flight	in	VFR	

conditions.	Our	UAS	is	limited	to	operations	in	sterile	and	controlled	environments	

as	outlined	above	and	has	a	limited	range	and	flight	time	which	require	an	

exemption	from	14	CFR	91.151	(a).	

The	battery	powering	the	UAS	provides	approximately	25 minutes	of	powered	

flight.	To	meet	the	30	minute	reserve	requirement	in	14	CFR	91.151,	UAS	flights	

would	be	limited	to	approximately	negative	5 minutes	in	length.	Given	the	

limitations	on	the	UAS’s	proposed	flight	area	and	the	location	of	its	proposed	

operations	within	a	predetermined	area,	a	longer	time	frame	for	flight	in	daylight	or	

night	VFR	conditions	is	reasonable.	

GET	believes	that	an	exemption	from	14	CFR	91.151	(a)	falls	within	the	scope	of	

prior	exemptions.	See	Exemption	10673	(allowing	Lockheed	Martin	Corporation	to	

operate	without	compliance	with	FAR	91.151	(a)).	Operating	the	small	UAS,	in	a	

tightly	controlled	area	where	only	people	and	property	owners	or	official	

representatives	who	have	signed	waivers	will	be	allowed,	with	less	than	30	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	small	UAS.	Additionally,	limiting	

UAS	flights	to	negative	minutes would	greatly	reduce	the	utility	for	which	the	

exemption	will	be	granted.	

An	equivalent	level	of	safety	can	be	achieved	by	limiting	flights	to	20 minutes,	or	

enough	battery	reserve	to	ensure	that	the	UAS	lands	at	the	ground	station	with	at	

least	20%	of	battery	power	(as	determined	by	the	onboard	monitoring	system	and	

the	pilot),	whichever	happens	first.	This	restriction	would	be	more	than	adequate	to	

return	the	UAS	to	its	planned landing	zone	from	anywhere	in	its	limited	operating	

area.	

Similar	exemptions	have	been	granted	to	other	operations,	including	Exemptions	

2689F,	5745,	10673,	and	10808.

14	CFR	91.203	(a)	&	(b):	Carrying	civil	aircraft	certification	and	registration.	

The	regulation	provided	in	part:	

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

within	it	the	following:	(1)	An	appropriate	and	current	 airworthiness	certificate....

(b)	No	person	may	operate	a	civil	aircraft	unless he	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.

The	UAS	fully	loaded	weighs	no	more	than	10	lbs	and	is	operated	without	an	

onboard	pilot.	Therefore	there	is	no	ability	or	place	to	carry	certification	and	

registration	documents	or	to	display	them	on	the	UAS.	

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

ground	control	point	where	the	pilot	flying	the	UAS	will	have	immediate	access	to	

them,	to	the	extent	they	are	applicable	to	the	UAS.	The	FAA	has	issued	numerous	

exemptions	to	this	regulation.	A	representative	sample	of	other	exceptions	includes	

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

14	CFR	91.405	(a);	407	(a)(1);	409	(a)(2);	417	(a)	&	(b):	Maintenance	

Inspections	

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

inspected	as	prescribed	in	subpart	E	of	this	part	and	shall	between	required	

inspections,	except	as	provided	in	paragraph	©	of	this	section,	have	discrepancies	

repaired	as	prescribed	in	part	43	of	this	chapter...,”	and	others	shall	inspect	or	

maintain	the	aircraft	in	compliance	with	Part	43.	
Given	that	these	sections	and	Part	43	apply	only	to	aircraft	with	an	airworthiness	

certificate,	these	sections	will	not	apply	to	GET.	 Maintenance	will	be	accomplished	

by	the	operator	pursuant	to	the	flight	manual	and	operating	handbook	as	referenced	

in	the	Manual.	An	equivalent	level	of	safety	will	be	achieved	because	these	small	

UASs	are	very	limited	in	size	and	will	carry	a	small	payload	and	operate	only	in	

restricted	areas	for	limited	periods	of	time.	If	mechanical	issues	arise	the	UAS	can	

land	immediately	and	will	be	operating	from	no	higher	than	400	feet	AGL.	As	

provided	in	the	Manual,	the	operator	will	ensure	that	the	UAS	is	in	working	order	

prior	to	initiating	flight,	perform	required	maintenance,	and	keep	a	log	of	any	

maintenance	performed.	Moreover,	the	operator	is	the	person	most	familiar	with	

the	aircraft	and	best	suited	to	maintain	the	aircraft	in	an	airworthy	condition	to	

provide	the	equivalent	level	of	safety.

Privacy

All	flights	will	occur	over	private	or	controlled	access	property	with	the	property	

owner’s	prior	consent	and	knowledge.		Images	taken	will	of	individuals	who	have	

also	consented	to	being	filmed	or	otherwise	have	agreed	to	be	in	the	area	where	

aerial	photography	will	take	place.		

Satisfaction	of	the	criteria	provided	in	Section	333	of	the	Reform	Act	of	2012	– size,	

weight,	speed,	operating	capabilities,	proximity	to	airports	and	populated	areas	and	

operation	within	visual	line	of	sight	and	national	security	– provide	more	than	

adequate	justification	for	the	grant	of	the	requested	exemptions	allowing	

commercial	operation	of	applicant’s	UASs	in	railroad	bridge	inspection	industry.

Sincerely,

Eric	Van	de	Riet

Good	Earth	Tools

Drone	Intern