Applicant’s Petition for Exemption 

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

Applicant: Airspace Consultant of Applicant: 

RETTEW 

Attn: Brian Freed 

5031 Richard Lane, Suite 111 

Mechanicsburg, PA 17055 

Phone: (717) 697-3551 

Email: brian.freed@rettew.com 

Clyde J. Pittman 

Director of Engineering 

Federal Airways & Airspace 

1423 S. Patrick Dr.

Satellite Beach, FL 32937 

Phone: (321) 777-1266
1 

I. SUMMARY OF PETITION 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“Section 333”), RETTEW 

(“Applicant”) hereby respectfully requests expedited approval to use Small Unmanned Aircraft System 

(“sUAS”) under the terms and conditions described in this Petition for Exemption (“Petition”) to conduct 

surveys throughout the United States. RETTEW also requests the exemptions that are necessary to such 

approval pursuant to 49 U.S.C. § 44701(f), and 14 C.F.R. § 11.81.1

Applicant seeks to use sUAS to perform visual inspections of project sites and surveying purposes. Small 

UAS are ideally suited for the inspection of project sites and surveying—they can safely, inexpensively, and 

quickly deliver high-quality photo and video, which eliminates the need for physical inspection with 

traditional methods. Not only do sUAS have potential benefits to the environment, they also can facilitate the 

safe surveying and inspection of hard-to-access or environmentally sensitive areas without the use of ATVs, 

light-duty trucks and associated equipment that may have more impact than sUAS. sUAS can also allow 

greater access to densely vegetated or impassable areas. The use of sUAS would allow for greater precision in 

imagery that would require a MSL height too low for conventional aircraft. In addition, RETTEW frequently 

surveys slope failures in mountainous terrain. When a road collapses or repairs are needed, often times 

workers do not have the luxury to wait on weather. Risky methods, such as the use of belay lines by workers 

to navigate down a mountain side, would become obsolete or a last resort if the use of sUASs is introduced. 

Sites that are vacant or under development would also benefit from the use of UAS. They will allow for the 

reduction of the risk of injury by eliminating of the need for large amounts of workers in a potentially 

 

1 As described in Appendix A to this Petition, Applicant requests an exemption from the following regulations: 14 C.F.R. Part 21;14 C.F.R. Part 

27; 14 C.F.R. §§ 45.23(b); 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.7(b); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 

91.151(a); 91.203(a) and (b); 91.319(a)(1); 91.405(a); 91.407(a)(1); 91.409 (a)(2); 91.417 (a) and (b); 91.1501.
2 

hazardous environment. There are many risks in every type of work place but especially in the surveying and 

construction fields. 

In many cases sUAS can be more efficient and cost effective than traditional methods, which can help to 

reduce operations and overall project costs and perhaps most importantly, provide a means for quicker 

resolution of any problems encountered during projects. A reduction of overall costs would be of benefit to 

the public by being able to pass any reduction of costs directly to the client and in turn to the public that 

would be utilizing their services. The public interest is critical to our success and the approval of this request 

and the provision of the necessary exemptions will enhance employee and public safety, increase 

productivity, and decrease client and consumer costs. In addition, larger more conventional aircraft are 

potentially hazardous due to size, emission of hazardous pollutants, and combustible fuel. 

Moreover, approving the requested use would represent a significant step forward in the Federal 

Aviation Administration’s (“Administration”) efforts to integrate sUAS into the national airspace system. 

RETTEW provides a wide range of engineering, environmental, surveying, planning, safety, and related 

consulting services. The use of sUAS in surveying and inspection can significantly increase the quality and 

accuracy of site evaluation and investigation. 

RETTEW currently has a network of 10 successful, well supported offices in five states. RETTEW’s request 

provides the Administration with an opportunity to partner with an engineering firm ranked by Engineering 

News-Record as one of the top design firms in the United States as it works to develop its rulemaking 

pursuant to the FAA Reauthorization Act of 2012 —while doing so for a compelling public purpose and under 

strict operational and safety guidelines. Given the uniqueness of Applicant—the company offers its services 

over a diverse geographical, environmental, and a distinctive resource mix—it is ideally suited to help the 

Administration understand the potential survey applications for sUAS. 
3 

RETTEW proposes to use sUAS that are rotorcraft, weigh 15 or fewer pounds, operate at a speed of no 

more than 87 knots (100 mph) or the maximum UAS operating speed as indicated by the manufacturer 

(whichever is lower), and contain built-in safety features. In addition, RETTEW proposes to use the aircraft at 

low altitudes for a majority of operations, not in proximity to airports or densely populated areas, on 

property that is owned or controlled by RETTEW or is owned or controlled by clients utilizing RETTEW's 

services, within the visual line of sight of the operator, and under controlled conditions. Accordingly, the 

requested exemptions satisfy the applicable statutory criteria and policies, will serve the public interest, will 

not adversely affect safety, and will provide a level of safety at least equal to the existing airworthiness and 

related regulations. Approval of this Petition is therefore consistent with Section 333’s directive to “establish 

requirements for the safe operation of [unmanned aircraft systems] in the national airspace system” if the 

Secretary of Transportation determines that certain unmanned aircraft systems may operate safely in the 

national airspace system.2

 

 

2 Section 333(c) of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, 126 Stat 11. 
4 

II. APPLICANT BACKGROUND 

RETTEW is a Pennsylvania based engineering firm that has been recognized by Engineering New-Record 

as one of the top design firms in the United States. RETTEW has been providing a wide range of engineering, 

environmental, surveying, planning, safety, and related consulting services since 1969. Growing from a single 

location to more than ten successful, well-supported offices in five states. We are committed, first and 

foremost to safety. Our employees and the health and well-being of the public are of paramount importance. 

We strive to provide an inherently safe work environment, be it on a job site or in an office. All safety 

measures taken are required to perform the work requested by our clients and are critical to maintaining 

everyone's well-being. We believe that completing a job safely is just as imperative as completing a quality 

project on time. Safety is a core value at RETTEW and it is a corporate goal to have zero work-related 

incidents. 

In addition to work place safety, RETTEW is committed to minimizing environmental impacts. Focusing 

on resource conservation and sustainable design projects, RETTEW is committed to everyday business 

practices being as environmentally responsible as possible. In this way, RETTEW's policy contributes to 

improving the quality of life for the communities, clients, and employees that are served. 

The use of sUAS by RETTEW correlates to both the environmentally friendly ideals that RETTEW 

practices, especially the conservation and reduction of fuel consumption as well as the principles of work 

place, employee, and public safety. Utilization of sUAS has the potential to further reduce carbon emissions. 

Consistent with RETTEW's efforts for providing safe and reliable service to our clients, RETTEW seeks to 

use sUAS to more safely and effectively perform inspections and surveys during various stages of projects. 

This includes but is not limited to: 

 Monitor pipeline construction. Assistance in enhanced documentation of trench installation. 

 Survey of hazardous areas including: 
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o Industrial facilities, 

o Gas well pads, and 

o Active gas compressor stations. 

 Inspection and documentation of bridges, especially for structural deficiencies and deterioration. 

 Rapid documentation of accident scenes (via safety group). Allow post-cleanup scene reconstruction 

for further analysis. 

III. RELEVANT STATUTORY AUTHORITY 

A. SECTION 333 

Section 333(a) states that the Administration “shall determine if certain unmanned aircraft system 

before completion of the plan and rulemaking [to broadly integrate UAS into the national airspace] required 

by Section 332 of this Act.” Section 333 is also described as a pathway for “expedited operational 

authorization.”3

Section 333(b)(1) outlines the factors that the Administration shall use to determine whether UAS may 

be operated safely in the national airspace system: size, weight, speed, operational capability, proximity to 

airports and populated areas, and operation within visual line of sight. In addition, and importantly for this 

Petition, Section 333(b)(2) provides the Administration with the discretion to determine that a certificate of 

waiver, certificate of authorization, or airworthiness certification is not required to operate UAS that are 

found to be appropriate under Section 333(b)(1). Finally, Section 333(c) allows the Administration to 

establish requirements for safe operation of the UAS determined to be able to be operated safely in the 

national airspace system. 

 

3 Section 332(b)(1).
6 

B. SECTION 44701(F) 

In addition to its specific authority related to authorizing UAS operation under Section 333, the 

Administration has general authority to grant exemptions from its safety requirements and minimum 

standards if the Administration finds that the exemption is in the public interest.4

 Administration regulations 

set forth the information that must be included in the petition for exemption: (1) the applicant’s name and 

mailing address; (2) the regulations from which the applicant seeks exemption; (3) the extent of relief sought 

and why; (4) the reasons why granting the request would be in the public interest and how it would benefit 

the public as a whole; and (5) the reasons why granting the exemption would not adversely affect safety, or 

how the exemption would provide a level of safety at least equal to the rule from which the applicant seeks 

exemption.5

IV. DISCUSSION 

A. APPLICANT’S PROPOSAL SATISFIES THE SECTION 333 CRITERIA FOR APPROVAL. 

As described above, Section 333(b)(1) outlines the factors that the Administration shall use to determine 

whether UAS may be operated safely in the national airspace system: size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight. Applying the 

criteria outlined in Section 333(b)(1) and other relevant criteria to this case demonstrates that Applicant’s 

proposed terms and conditions of operation will result in the sUAS being operated safely in the national 

airspace system, consistent with Section 333. Based on the small size of the sUASs involved, the low altitude 

and restricted environment in which they will operate, and the fact that they will be operated within the 

 

4 49 U.S.C. § 44701(f).

5 14 C.F.R. § 11.81.
7 

visual line of sight of the operator, there is more than sufficient basis to find that the sUAS can be operated 

safely under Applicant’s proposal. 

1. SIZE, WEIGHT, SPEED, AND OPERATIONAL CAPABILITY 

Applicant proposes to use small, multi-rotor craft with a maximum take-off weight of 15 pounds or less, 

powered by electric batteries, and carry no flammable fuel or cargo. RETTEW anticipates the majority of 

flights will use much smaller craft—quadcopters with a maximum takeoff weight of less than five pounds. 

Heavier craft (up to 15 pounds) will only be used in situations requiring specialized equipment. 

The sUAS used by RETTEW will have an integrated GPS autopilot system. The integrated GPS autopilot 

provide stable, precise flight, and stable hovering—enabling field workers to focus on situational awareness 

and the safety of themselves and the public. In addition, the GPS autopilot system provides an automatic 

return to home capability in the unlikely case of signal loss with the operator. 

These small, multi-rotor craft are ideally suited for surveying and aerial imaging of project sites because 

they often deliver high-quality photo and video more efficiently and cost effectively than traditional 

methods. Using sUAS can also be safer for employees because it will avoid putting workers in a potentially 

dangerous setting as with vacant sites and under-development sites. The use of sUAS would allow access and 

safe inspection or survey of densely vegetated, environmentally sensitive, or impassable areas that would 

otherwise be difficult for workers to perform their required tasks without the use of heavy machinery or 

other utility vehicles. Overall, sUAS can provide significant benefits over traditional survey and site inspection 

methods to employees and clients. 

2. PROXIMITY TO AIRPORTS/POPULATED AREAS 

Applicant will avoid operating the sUAS over densely populated areas. Operations shall be a minimum of 

the following distances from the airport reference point of any public use airport, heliport, gliderport, or 

seaport listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart Supplement of the U.S. 
8 

Government Flight Information Publications: five nautical miles away from any airport with a control tower, 

three nautical miles away from any airport with published instrument procedures but no control tower, two 

nautical miles away from any airport with no published instrument procedures and no control tower, and 

two nautical miles from any heliport. These guidelines shall be followed unless a letter of agreement with 

that airport's management is obtained. Any letter of agreement with airport management shall be made 

available upon request. 

The sUAS will be operated a majority of the time at low altitudes of 250 feet Above Ground Level (AGL) 

or less—much lower than the airspace in which manned vehicles operate and lower than the altitude at 

which hobby aircraft fly. Altitudes above this value (250 feet AGL) up to 400 feet AGL, shall be requested 

during the NOTAM process, by obtaining a letter of agreement with the closest airport's management or by 

acquiring a COA to operate above 250 feet AGL. Finally, all operations will occur over areas that are owned or 

controlled by RETTEW, has obtained written or verbal permission from the property owner(s), or within 

public right-of-way of roads or bridges. All operations shall adhere to the standards set forth in section IV 

(1)(B): Mandatory Operating Conditions, (C): Operator Training and Certificate, (D) Privacy Considerations of 

this document. 

3. VISUAL LINE OF SIGHT 

A FAA licensed pilot will operate the sUAS during daylight hours, in good weather, and within the 

operator's or visual observer's line of sight. The operator will be accompanied by at least one trained spotter, 

who will be positioned in line of sight of the aircraft and will be in constant communication with the operator 

to identify and alert the operator to any potential obstacles. This eliminates the need for other “sense and 
9 

avoid” capabilities during operation, as well as the need for any method of air traffic control 

communications.6

 

B. APPLICANT’S PROPOSAL ALSO SATISFIES THE STANDARD FOR EXEMPTION UNDER 

SECTION 44701 AND 14 C.F.R. § 11.81. 

1. GRANTING APPLICANT’S REQUEST WOULD NOT ADVERSELY AFFECT SAFETY AND 

WOULD PROVIDE A LEVEL OF SAFETY AT LEAST EQUAL TO EXISTING RULES. 

Granting RETTEW’s Petition will not adversely affect safety. Applicant’s proposed terms and conditions of 

operation would provide a level of safety at least equal to existing rules. As discussed above with respect to 

Section 333(b)(1) criteria, the size, weight, speed, and operational capability of the sUAS that will be used in 

the proposed operations indicate that the aircraft can be operated safely in the national airspace system. 

Moreover, the aircraft will be operated at low altitudes, not in proximity to airports or densely populated 

areas, and within the visual line of sight of the operator and spotter. In addition, RETTEW proposes the 

following conditions to ensure that the requested exemption would result in a level of safety at least equal to 

the rules from which RETTEW is seeking an exemption. 

A. SAFETY SYSTEMS 

Applicant will use sUAS that have a semi-autonomous navigation and control system comprised of a 

Remote Control and “auto-pilot” system. Automated safety functions and safety enhancing features of the 

sUAS that RETTEW will use include the following: 

 Precision Flight and Stable Hovering: Integrated Flight Mode that allows the aircraft to hover 

accurately in position indoors and outdoors. GPS autopilot system provides position holding, altitude 

 

6 See Interim Operational Approval Guidance 08-01, Unmanned Aircraft Systems Operations in the U.S. National Airspace System at 4 (Mar. 13, 

2008).
10 

lock, and stable hovering to all field personnel to focus on situational awareness and safely getting 

the job done. 

 Auto Return-To-Home: Fail-safe feature automatically activates in the event of signal loss with the 

remote controller. The aircraft is able to record a "Home Point" when the GPS signal is strong. This is 

the point the aircraft shall return to when this function is activated. 

 Intelligent Orientation Control (IOC): Allows the operator to lock the orientation of the aircraft. 

There are three types of locks in this feature: Course Lock, Home Lock, and Point of Interest. For 

additional information regarding the IOC, please see the accompanying operations manual.

 Clearly Visible Battery and GPS Status: Battery and GPS Status will be available through airframe 

status lights clearly visible to the operator and available through the ground station display. 

 No Fly Zones: 

o Airport: Comprised of takeoff restricted zones and restricted altitude zones. Takeoff restricted 

areas allow for no takeoff by the UAS, flight is prevented. Restricted altitude areas, flight is 

limited on a 15° incline for the radius of the restricted area plus 1 mile. 320 feet away from a no 

fly zone, the operator will receive a warning message. 

o Restricted: Consists only of a takeoff restricted area. These areas allow for no takeoff by the 

UAS, flight is prevented. There is a warning zone that is set around each restricted area. When 

the UAS is within 1 km of the restricted zone, a warning message will appear to the operator. 

B. MANDATORY OPERATING CONDITIONS 

In addition to the safety features described above, RETTEW proposes that its exemption be subject to the 

following mandatory conditions to ensure safe operation: 

 Operations will avoid densely populated areas. 

 Operations will be conducted over property that is owned or controlled by RETTEW, where the 

owner has given written or verbal permission to RETTEW for the use of UASs, or in utility or 

public right-of-way. 

 Maximum total operation time for each flight will be 60 minutes. Flights will be terminated at 

25% battery power reserve, should that occur before this time limit. 

 Operations will occur during Visual Flight Rules Meteorological Conditions. 

 Aircraft to remain within Visual Line of Sight (VLOS). VLOS will be guaranteed with a cylinder of 

operation around operator of 1⁄2 nautical miles. 

 Operations will occur during daylight hours. 

 Most flights will be operated at an altitude of no more than 250 feet Above Ground Level 

(“AGL”). Altitudes above this value (250 feet AGL) up to 400 feet AGL, shall be requested during 

the NOTAM process, by obtaining a letter of agreement with the closest airport's management, 

or by acquiring a COA to operate above 250 feet AGL. 
11 

 All operations to remain more than the following distances of any public use airport, heliport, 

gliderport, or seaport listed in the Airport/Facilities Directory, Alaska Supplement, or Pacific 

Chart Supplement of the U.S. Government Flight Information Publications: 

o Five nautical miles from an airport with a control tower, 

o Three nautical miles from an airport with no control tower but published instrument 

flight procedures, 

o Two nautical miles from an airport with not control tower and no published instrument 

flight procedures, and 

o Two nautical miles from a heliport 

Unless a letter of agreement with that airport's management is obtained. Any letter of 

agreement with airport management shall be made available upon request. 

 Operators and spotters will meet the operator training and certification requirements proposed 

below: 

o Operators and spotters will be in communication at all times. 

o Operator will perform required maintenance per the manufacturer’s 

recommendations and keep a log of any maintenance performed. 

o Operator will perform any safety checks specified in the manufacturer’s user 

guide prior to each flight. 

C. OPERATOR TRAINING AND CERTIFICATION 

As discussed above, the sUAS RETTEW will use are characterized by a high degree of control and built-in 

technical capabilities that limit the potential for operation outside the operating conditions set forth in this 

Petition. Moreover, the mandatory operating conditions (maximum altitude, proximity to airfields, visual line 

of sight) minimize any potential weather impact and interactions with other aircraft. 

Situational awareness around high-voltage and construction equipment, a thorough working knowledge 

of the sUAS, and strict adherence to corporate sUAS flight policy are key to safe sUAS operations. Given the 

significant differences between sUAS and piloted aircraft, the safety features inherent in the sUAS, and the 

strict operating conditions that will apply, RETEW proposes that, in addition to holding a sport level pilot 

license, operators of the sUAS shall also be required to have: 

 Proven knowledge of RETTEW's UAS flight policy (including Mandatory Operating Conditions 

specified in this Petition), 
12 

 Proven working knowledge of safe sUAS operations, flight characteristics, safety features, 

GPS/Battery Status indicators, and emergency procedures, 

 Knowledge regarding safe operations around high voltage power lines, substation equipment, 

and power plants, 

 Knowledge regarding safe operations around construction equipment, and 

 A valid driver’s license. 

Applicant is receptive to future regulations and industry guidance on licensing sUAS pilots using training 

and testing that is relevant to operating sUAS in a limited flight area. 

D. PRIVACY CONSIDERATIONS 

Applicant will not operate sUAS in any way that may invade personal privacy and will comply with any 

federal, state, or local privacy laws that may apply in areas where RETTEW operates sUAS. In addition, as a 

practical matter, flights will occur over property/structures that is owned or controlled by RETTEW, where 

written or verbal permission from the owner(s) has been given, or in utility or public right-of-way. Privacy is 

unlikely to be a concern in relation to Applicant’s proposed use. 

All operations will be conducted at least 200 feet from all nonparticipating persons, vessels, vehicles, and 

structures unless a barrier or structure is present that will sufficiently protect any non participants from the 

UAS or any debris in the event of an accident, operations may be conducted within the 200 foot limit. If any 

nonparticipants leave such protected areas and are located within the 200 foot buffer area, all UAS 

operations shall cease immediately in order to ensure the safety of the nonparticipating persons. 

In the event the UAS will need to be flown closer than 200 feet to any vessel, vehicle, or structure 

permission shall be obtained prior to the commencement of operations. 

Permission shall be obtained prior to any operations that will be conducted over property, structures, 

etc. that is not owned or controlled by RETTEW. 
13 

2. GRANTING APPLICANT’S REQUEST WOULD BE IN THE PUBLIC INTEREST AND WOULD 

BENEFIT THE PUBLIC AS A WHOLE. 

Allowing the requested use will provide significant benefits to the public, RETTEW clients, and RETTEW 

employees. Using sUAS for surveying and to inspect project sites can be safer and more efficient than 

traditional methods. The increased safety and efficiency of using sUAS to survey and inspect project sites is 

especially important to RETTEW, which not only serves clients in Pennsylvania but also throughout the U.S. 

where projects can range from closed construction sites to surveying bridges and roads. A survey and 

inspection process that is safer and more efficient can help to lower operation costs and more quickly resolve 

problems, both of which will benefit customers. 

Moreover, the requested use presents a compelling case for the Administration moving forward with 

efforts to integrate sUAS into the national airspace system as required by Section 333. RETTEW has proposed 

using sUAS to further this public interest in a way that is at least as safe as operation of aircraft under existing 

regulations. Applicant’s request, therefore, provides the Administration an appropriate vehicle to further 

Congress’ mandate to expedite integration of UAS. In addition, Applicant’s operational experience resulting 

from the use of sUAS in utility operations may be valuable to the Administration in developing 

comprehensive rules governing sUAS for others in the engineering industry. 

C. DESCRIPTION OF RELIEF SOUGHT AND REGULATIONS FROM WHICH EXEMPTION IS 

REQUESTED 

Based on the foregoing, Applicant’s proposal satisfies the criteria for approval under Section 333. In 

addition, Applicant’s proposal meets the requirements and policies for exemptions from Administration 
14 

regulations. RETTEW therefore respectfully requests that the Administration grant exemptions from the 

regulations set forth in Appendix A to this Petition.7

V. CONCLUSION 

For the reasons discussed above, RETTEW satisfies the relevant criteria for approval under Section 333 

and exemptions from referenced regulations pursuant to Section 44701(f). Accordingly, RETTEW respectfully 

requests that the Administration grant the relief requested in this Petition to allow the use of sUAS for the 

purposes and under the conditions set forth herein. Granting this Petition will not only further Congress’ 

instruction to expedite the safe integration of UAS into the national airspace system, but will also further the 

significant public interest for safe and efficient survey of projects and site inspection. 

September 18, 2015 Respectfully submitted, 

_____________________________ 

Clyde J. Pittman 

Director of Engineering 

Federal Airways & Airspace 

1423 S. Patrick Dr. 

Satellite Beach, FL 32937 

Phone: (321) 777-1266 

 

7 Applicant has attempted to identify the applicable regulations for which an exemption is required for the proposed use. To the extent that 

the Administration determines that any other safety regulations might apply to Applicant’s proposed use, Applicant further requests that this 

Petition be deemed to seek an exemption from those requirements.
Appendix A to Applicant’s Petition for Exemption Page 1 

APPENDIX A: REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 

Applicant has attempted to identify the applicable regulations for which an exemption is required for the 

proposed use. To the extent that the Administration determines that any other safety regulations might 

apply to Applicant’s proposed use, RETTEW further requests that this Petition be deemed to seek an 

exemption from those requirements.

1. 14 C.F.R. PART 21: AIRWORTHINESS CERTIFICATION 

Part 21 establishes procedural requirements for certifications under Section 44704, including 

airworthiness certificates. Both Sections 333 and 44701(b) authorize the Administration to exempt aircraft 

from airworthiness certification under this Part based upon consideration of its size, weight, speed, 

operational capability, and proximity to airports and populated areas. See Section 333. 

An analysis of these criteria demonstrates that the 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 aircraft operating with an airworthiness certificate without the restrictions and conditions 

proposed. 

The sUAS(s) RETTEW will use are 15 pounds or less, carry no pilot or passengers, and carry no explosive 

materials or flammable liquid fuels. Operations under this exemption will be tightly controlled and monitored 

by the operator and spotter. These safety enhancements provide at least the same degree of safety to the 

public and property owners than conventional operations conducted with airworthiness certificates. 

2. 14 C.F.R. PART 27: AIRWORTHINESS STANDARDS FOR NORMAL CATEGORY 

ROTORCRAFT 

Part 27 sets forth the procedural requirements for airworthiness certification of normal category 

rotorcraft. To the extent the sUAS would otherwise require certification under Part 27, as a rotorcraft, 

RETTEW requests an exemption from Part 27’s airworthiness standards for the same reasons identified above 

with respect to Part 21 requirements. 
Appendix A to Applicant’s Petition for Exemption Page 2 

3. 14 C.F.R. § 45.23(B): MARKING REQUIREMENTS 

Section 45.23(b) requires that on limited, restricted, or light-sport category aircraft, or experimental or 

provisionally certificated aircraft, markings indicating the aircraft category must be displayed in letters not 

less than two inches nor more than six inches high “near each entrance to the cabin, cockpit, or pilot station.” 

Exemption from 14 C.F.R. § 45.23(b) is warranted because the aircraft has no entrance to the cabin, cockpit, 

or pilot station on which the required marking can be displayed. RETTEW requests an exemption to 14 C.F.R. 

§ 45.23(b)’s marking requirements and proposes instead to display markings to the fullest extent possible in 

compliance with the location requirements of 14 C.F.R. § 45.27(a) and the size requirements of 14 C.F.R. § 

45.29(f). 

4. 4 C.F.R. § 91.7(A): CIVIL AIRCRAFT WORTHINESS 

Section 91.7(a) requires that no person may operate a civil aircraft unless it is in airworthy condition. If 

the Administration grants Applicant’s request for exemption from the requirement to obtain an airworthiness 

certificate, no Administration regulatory standard will exist for determining airworthiness. RETTEW will, 

however, maintain the sUASs as directed by the manufacturers and conduct any recommended safety checks 

prior to each flight. 

5. 14 C.F.R. § 91.9(B)(2): CIVIL AIRCRAFT FLIGHT MANUAL IN THE AIRCRAFT 

Section 91.9(b)(2) prohibits a person from operating a civil aircraft “[f]or 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 the size and configuration of the sUASs RETTEW will use, it is not possible to carry such a flight 

manual on the aircraft. The equivalent level of safety will be achieved by keeping the flight manual 

(specifically, the manufacturer’s user guide) at the ground control point where the operator will have 

immediate access to it. 
Appendix A to Applicant’s Petition for Exemption Page 3 

6. 14 C.F.R. § 91.103: PREFLIGHT ACTION 

Section 91.103 requires a pilot in command to become familiar with specific information before each 

flight, including information contained in the Administration-approved Flight Manual on board the aircraft. As 

no Administration-approved Flight Manual will be provided, RETTEW requests an exemption from this 

requirement. The operator would, however, become familiar with the manufacturer’s user guide. 

7. 14 C.F.R. §§ 91.109, 91.319(A)(1): FLIGHT INSTRUCTION 

These regulations provide 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. The sUASs RETTEW 

will use are remotely-piloted aircraft and designed without fully functioning dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The equivalent level of safety provided by the fact that neither a pilot nor passengers will 

be carried in the aircraft, by the size and speed of the aircraft, and the safety features of the aircraft that limit 

the potential for operation outside the operating conditions set forth in this Petition. 

8. 14 C.F.R. § 91.119: MINIMUM SAFE ALTITUDES 

Section 91.119(c) 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. 

Section 91.119(d)(1) allows for a helicopter to operate at less than those minimum altitudes under certain 

conditions. 

As described above, most operations RETTEW will conduct with the sUAS shall be at altitudes up to 250 

feet AGL, and therefore requests an exemption from the 500-foot minimum altitude. Given the size, weight, 

and speed of the sUAS and the lack of flammable fuel, any risk associated with these operations is far less 

than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the 

low-altitude operations of the sUAS will ensure separation between these sUAS operations and the 

operations of conventional aircraft that must generally operate above 500 feet. 
Appendix A to Applicant’s Petition for Exemption Page 4 

9. 14 C.F.R. § 91.121: ALTIMETER SETTINGS 

Section 121 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 sUAS may not have a barometric altimeter, but instead use GPS technology, 

RETTEW requests an exemption from this requirement to the extent it operates sUAS without a barometric 

altimeter. An equivalent level of safety will be achieved by the operator confirming the acquisition of GPS 

signals and an initial ground level altitude of zero prior to take off. 

10. 14 C.F.R. § 91.151(A): FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS 

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 

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

Applicant requests an exemption from the 30 minutes of reserve fuel requirement. Given the limitations 

on flight locations and operations set forth in this Petition, a longer time frame for flight is reasonable. 

Operating the sUAS in a tightly controlled area 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 sUAS. 

Applicant proposes that an equivalent level of safety can be achieved by limiting flights to 60 minutes or 

25% of battery power, whichever happens first. This restriction would be more than adequate to return the 

sUAS to its planned landing zone from anywhere in its limited operating area. 

11. 14 C.F.R. § 91.203(A) AND (B): CARRYING CIVIL AIRCRAFT CERTIFICATION AND 

REGISTRATION 

Section 91.203 requires a civil aircraft to have “within it . . . [a]n appropriate and current airworthiness 

certificate” that must be “displayed at the cabin or cockpit entrance so that it is legible to passengers or 

crew.” As discussed above with respect to Section 91.9(b)(2) requiring the aircraft to carry a flight manual, 
Appendix A to Applicant’s Petition for Exemption Page 5 

the physical characteristics of sUAS are such that there is no ability or place to carry registration documents 

or to display them on the sUAS. An equivalent level of safety will be achieved by keeping registration 

documents at the ground control point where the operator will have immediate access to them. Moreover, 

the requirement to carry airworthiness certificate will not apply to RETTEW if the Administration grants 

Applicant’s request for an exemption from this requirement, as requested above. 

12. 14 C.F.R. §§ 91.405(A); 91.407(A)(1); 91.409(A)(2); 91.417(A) AND (B): 

MAINTENANCE INSPECTIONS 

These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. 

Specifically, 14 C.F.R. § 91.405(a) states that the owner or operator of an aircraft shall have the aircraft 

inspected as prescribed in the rules and have discrepancies repaired as prescribed in part 43; 14 C.F.R. §§ 

407(a)(1) and 409(a)(2) requires that an aircraft be approved for return to service by a person authorized 

under 14 C.F.R. Section 43.7 after it has undergone maintenance or receives an annual inspection; and 14 

C.F.R. § 417 requires an owner or operator of an aircraft to maintain specific types of maintenance records, 

including signatures of the person authorized to approve the aircraft’s return to service. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to Applicant’s operation of sUAS. Maintenance will be accomplished by the operator 

pursuant to the manufacturer specifications. An equivalent level of safety to existing regulations will be 

achieved because these sUASs are very limited in size, operate only in restricted areas for limited periods of 

time, and carry no flammable fuel. If mechanical issues arise, the sUAS can land immediately and will be 

operating from no higher than 250 feet AGL. As described above, the operator will ensure that the sUAS is in 

working order prior to initiating flight, perform a preflight safety checklist, 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. 
Appendix A to Applicant’s Petition for Exemption Page 6 

13. 14 C.F.R. § 91.1501: CONTINUED AIRWORTHINESS 

Section 91.1501(a) “requires operators to support the continued airworthiness of each airplane.” 

RETTEW requests an exemption from this regulation because the sUAS will not be subject to an airworthiness 

certificate. 

14. ADDITIONAL EXEMPTION REQUESTS 

The FAA's current guidance on Section 333 Exemption requests requires the use of airline, transport, 

commercial, private, recreational, or sport pilot certification to be in command of the aircraft during UAS 

operations. RETTEW requests an exemption from rules/regulations contained within 14 CFR §§ 61.23(a) and (c), 

61.101(e)(4) and (5), 61.113(a), and 61.315(a) that specifically address limitations of private, recreation, and sport 

pilot certification that would not allow persons holding these certifications to commercially operate UAS's. 
Appendix B to Applicant’s Petition for Exemption Page 1 

APPENDIX B: SUMMARY SUITABLE FOR PUBLICATION IN THE FEDERAL REGISTER 

Applicant petitions the Federal Aviation Administration for relief from compliance with 14 C.F.R. Part 

21;14 C.F.R. Part 27; 14 C.F.R. §§ 45.23(b); 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 

91.7(a); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.319(a)(1); 91.405(a); 

91.407(a)(1); 91.409 (a)(2); 91.417 (a) and (b); 91.1501 for purposes of operating small unmanned aircraft 15 

pounds or less on property that is owned or controlled by RETTEW, in utility or public right-of-way to inspect 

energy and civil infrastructure, or if written or verbal permission has been obtained from the owner(s). 

RETTEW proposes that its operation be subject to the operating conditions and safety standards set forth in 

the petition in lieu of the above-referenced regulations in order to provide a level of safety equivalent to 

those regulations.