Thomas D. Pearce

Inflight Solutions

Michigan City, IN 46360

Phone: 219 – 210 - 2350

Email: tpworld11@yahoo.com

August 10, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

Dear Sir or Madam:

This application is being submitted on my own behalf without council or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Inflight Solutions, operator of Small Unmanned Aircraft Systems (“SUAS’s) equipped to conduct 

aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its SUAS’s, so long as such operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA as required by Section 

333.1.

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive SUAS under controlled conditions in airspace that is 1) limited 2) 

predetermined and 3) controlled. The proposed exemption, if granted, would allow Inflight Solutions to 

conduct commercial operations of small unmanned aircraft systems (“UAS”) meeting or exceeding all of the 

operational and safety requirements Congress has set forth in Section 333.

Inflight Solutions is an image processing company that plans to exploit the capabilities of Unmanned 

Aerial Systems to offer a multitude of services, including but not limited to:
- Aerial Surveying

- Remote Sensing

- Event Photography/ Videography

- Agriculture purposes

- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspections and monitoring

- Wildlife and forestry monitoring

- Educational and research operations

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a 

mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) 

states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) 

of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear 

that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. 

Petitioner meets all requirements to permit FAA approval of commercial UAS operations.

The Petitioner Requests Relief From the Following:

Regulations from which the exemption is requested:

- 14 C.F.R. Part 21

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

- 14 C.F.R. 61.3

- 14 C.F.R. 91.7(a)

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

- 14 C.F.R. 91.119

- 14 C.F.R. 91.121

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

- 14 C.F.R. 91.205

- 14 C.F.R. 91.215

- 14 C.F.R. (91.401 – 91.417)
Petitioner Experience

As described herein, the petitioner is a trained United States Navy Electrician’s Mate/ CDQAR 

(Collateral Duty Quality Assurance Representative) for aircraft maintenance, safety veteran. The petitioner 

has US Naval helicopter electrical, Landing signalmen, weapons loading and safety training and 20 year’s 

experience in remote control modeling with over 1500 plus hours of RC flight time. Petitioner has a 

substantial amount of experience maintaining and servicing aircraft with a high level of standards with a great 

attention to detail. Petitioner is familiar with the standard operating practices and procedures, as well as 

safety attitudes and safety requirements within the aviation industry. Safety has always been the number one 

priority in dealing with aircraft operations both in the military as well as in the model aviator’s community. 

The Petitioner has not had any incidents during his years of RC flight time that resulted in damage to another 

industry than many power parachute and hot air balloon pilots. The petitioner has several hours and 

experience in operating remote control aircraft, both rotor wing and fixed wing which is needed to safely 

operate a UAS.

Unmanned Aircraft System

SUASs are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment 

and personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public 

safety.

This is a petition for exemption to enable Inflight Solutions to operate a Blade Chroma equipped with 

three-axis gimbals and using High-Def. cameras. This SUAS has a pre-programmed limit for 400 ft. AGL and a 

GEO fence while in Smart Mode with a distance limit of 300 ft. from the controller. These limits remove the 

possibility of entering the Class B, C and D airspace thus enhancing the level of safety during operations. The 

Blade Chroma also has the failsafe function of the autopilot system, which means when the communication 

between the Main controller and the transmitter is disconnected, the outputs of all command sticks from the 

controller will go to the center position. If the GPS signal is good enough, the system will automatically trigger 

Return to Home and will land safely if the communication is not re-established within a pre-programmed 

amount of time from the factory.

The above specifications meet with the Model Aircraft Operating Standards as set below:

- Inflight Solutions will only operate its SUAS in line of sight of a pilot and/or observer and will 

operate over private and public sites only with prior permission from property owner or 

owner’s agent or legal authorities as allowed by law.

- When flying SUAS within 3 miles of an airport, airport operators will be notified and the 

operator will give the right of way to avoid flying in the proximity of full-scale aircraft.

- Terminate flight when any unsafe condition exists.

- Operate with a minimum crew for operations consisting of PIC and a Visual Observer in 

direct communication utilizing appropriate verbal, radio or cell phone as needed.
- Maximum flight time for each operational flight will be 30 minutes.

- Flights will be terminated at 25% battery power reserve should that occur prior to the 30 

minute limit.

- The SUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbal).

- The SUAS will operate at speeds of no more than 50 knots, can hover, and can 

simultaneously move vertically and horizontally.

- Given the small size of the SUAS and the restricted operations environment, our SUAS 

operations adhere to the Reform Act’s safety requirements.

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel, it operates at lower altitudes with no people on board and will thereby 

reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious 

bodily injury. With a small payload and maximum flight time of only 30 minutes, this offers little or no 

risk to national security.

Low level oblique photos and video from several angles are far more effective than ground 

based imagery for displaying the characteristics of large, complex properties with several buildings and 

large trees. The process of chartering full-sized aircraft for this purpose can be more costly than many 

potential clients can afford. The benefits of reduced cost and improved quality of presentation from 

the UA will be valuable to and benefit many buyers and sellers of real property.

Additionally, Inflight Solutions requests to be allowed to use the UA system to benefit first 

responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., 

while remaining subject to all limitations cited in this application as we do so.

a. No flight will be made with a Gross weight exceeding 55 pounds;

b. All operations must occur in FAA Class G airspace at no more than 400 ft. AGL, at an 

airspeed of no more than 25 knots and no further than 3⁄4 NM from the PIC;

c. All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during all flight operations;

d. Operations will be restricted to flights over private property with the permission of the 

property owner;

e. All required permits will be obtained from state and local governments prior to operation;
The petitioner respectfully request’s exemption under Section 333 to enable Inflight Solutions to 

operate efficient, limited, low-risk commercial SUAS operations for the activities stated respecting at all times 

the space and privacy of citizens and property whilst keeping our skies safe.

Sincerely,

Thomas D. Pearce

Inflight Solutions

Phone: 219-210-2350

Email: tpworld11@yahoo.com

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY
Inflight Solutions requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the SUAS System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate, while the FAA 

continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an 

experimental certificate be issued for the Blade Chroma under either or both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following purposes:

a. Research and Development. Testing new aircraft design concepts, new aircraft equipment, new 

aircraft installations, new aircraft operating techniques, or new uses for aircraft.

b. Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance of 

type and supplemental type certificates, flights to substantiate major design changes, and flights to 

show compliance with the function and reliability requirements of the regulations. Since the 

experimental certificate can be used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, we would expect that an experimental certificate 

would permit our commercial purpose as well. The aircraft will not carry persons or property, will 

not carry fuel, and will only fly under strict operational requirements. Combined with the UA’s 

lightweight design, being constructed of molded abs, we propose that the UA will be much safer 

than a conventionally certificated aircraft performing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, then we request an exemption of 14 

CFR Part 21, Subpart H, and the requirements for airworthiness certificate in general, citing the 

equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display “N” and the aircraft’s registration number in 

letters at least 3 inches high. Additionally, the aircraft must display the word “EXPERIMENTAL” in letters at 

least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The SUAS does not have an 

entrance in which the word “EXPERIMENTAL” can be placed, and may not have a registration number assigned 

to it by the FAA. Inflight Solutions propose to achieve an equivalent level of safety by including the word 

“EXPERIMENTAL” in a placard on top of the aircraft, where the PIC, VO and others in the vicinity of the aircraft 

while it is preparing for launch will be able to see the designation. Additionally, we feel that the placard 

discussed in the previous paragraph will provide the aircraft’s registration information at the ground station. 

Finally, Inflight Solutions will display at the ground station a high contrast flag or banner that contains the 

words “Unmanned Aircraft Ground Station” in letters 3 inches high or greater. Since the aircraft will operate 
within 3/4 NM of the ground station, the banner should be visible to anyone that observes the aircraft and 

chooses to investigate its point of origin.

14 CFR 61.3 Requirements for certificates, ratings, and authorizations

The petitioner will be operating a SUAS via remote control and has successfully operated such aircraft 

for the past 10 years without incident, injury or damage to any person or property. The petitioner’s aviation 

knowledge, training (Military), and experience (Military and Civilian) shows proficiency in operating a SUAS 

safely. The operations of proposed SUAS as described provides much greater safety to the general public 

within the operation area than if the operation was being conducted with a full-sized rotor or fixed wing 

aircraft carrying persons on board. The damage to other’s property is much greater affected if contacted by 

full-size aircraft than the SUAS that will be used by Inflight Solutions.

(a) Required pilot certificate for operating a civil aircraft of the United States.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate

As no such certificate will be applicable in the form contemplated by the FARs, this regulation is 

inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. Inflight Solutions request’s an exemption 

to this requirement since the aircraft is not only too small to carry documentation, the documentation would 

not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the 

intent of 91.9, we propose that a current Blade Chroma instruction manual, Chroma LED reference cards and a 

controller instruction manual must be available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight.

14 CFR 91.119 Minimum safe altitudes: General

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 

500 ft. to any person, vessel, vehicle, or structure. Since the typical mission of the SUAS would be 

photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 

500 ft. to the items listed. Operations will only be flown over property or persons where permission has been 

obtained and careful pre-flight planning has been performed. The aircraft will be operated at a low altitude 

allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the 

surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and 

structures is minimal compared to manned aircraft, which should be considered in granting the exemption.
14 CFR 91.121 Altimeter settings

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available 100 NM of the aircraft. The SUAS will always fly below 400 AGL and will not need to maintain 

cruising altitudes in order to prevent conflict with other aircraft. An AGL altimeter measurement above the 

launch and recovery point is transmitted via radio from the SUAS on-board computer to the display screen 

held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions 

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 

minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays 

to landing. The SUAS is battery operated and the maximum duration of flight from a single battery charge is 

30 minutes. Since the aircraft will never fly more than 3/4 NM from the point of intended landing, a full 

battery charge at launch, and the on-screen display of battery state, will ensure that we meet the reserve 

energy requirement of this paragraph. We request an exemption to the word “fuel” and ask for an equivalent 

interpretation with the word “energy”.

14 CFR Subpart E (91.401 – 91.417) – Maintenance, Preventative Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the 

aircraft be “approved for return to service by a person authorized under 43.7” after maintenance and 

inspection. Our intentions are for the PIC perform maintenance and inspection of the aircraft and “ be 

authorized to approve the aircraft for return to service.” The PIC will ensure that the aircraft is in an airworthy 

condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. 

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking 

electrical connections and updating software and firmware for the on-board computer. All other maintenance

will be performed by the manufacturer of their designated repair facility. The PIC will document work 

performed in a maintenance/log book that will be located at the ground station during all operations. Inflight 

Solutions feels that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an 

equivalent level of safety.

Safety and Benefits of the UAS

Inflight Solutions will be using the SUAS in a variety of applications that generally require expensive 

full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer myriad benefits over the 

use of full-sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced 

agriculture, film and still photography, just to name a few. Replacing significantly larger manned aircraft 

carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater 

margin of safety for the pilots and crew. By granting Inflight Solutions requested exemptions, the FAA will 

help drive development of safe and successful commercial UAS and will advance the public knowledge base 

for such operations.
Conclusion

As pointed out in this application, all the SUASs which the petitioner would use, under authorization by 

the US DOT-FAA, are small, lightweight devices operated within the line of sight of the PIC, less than 400 ft. 

AGL and outside 5 miles from any airport, heliport, seaplane base, spaceport or other location with aviation 

activities, unless the ATC have been notified and have authorized each flight within a radius of this distance.

All the SUASs have proven capability for controlled flight. They are devices offered for general sale on 

the market around the world and have often been used as Model Aircraft in the USA. We are certain that the 

studies conducted until now by the FAA, about Section 332, Public Law 112-95, 2014, have already provided 

you with the assurances on the airworthiness of SUAs such as ours.

For the foregoing reasons, the exemptions requested herein should be granted and Inflight Solutions 

should be permitted to conduct small UAS operations in accordance with is manuals and all other operating 

parameters deemed necessary and appropriate by the FAA. The submission of this application and its 

contents is the best demonstration that indeed it is possible to pursue the authorization process so that some 

SUASs may be used for legitimate commercial activities and under reasonably safe conditions.