November 17 th, 2015

Mr. James Williams Manager, Flight Standards Service Unmanned Aircraft Systems Integration Office

. Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591
Randolph D. Dahl, Sr. CEO Interstate Builders (Aerial Photography Division) 154 Kittanning St. Butler, Pa 16001 (724) 287

- 3999 inte rstblder@aol.com www.interstatebuilders.biz

U.S. Department of transportation, Docket Operation West Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590
Re: Request for exemption from multiple regulatory provisions to allow the use of small unmanned aerial systems over private property with signed consent of property owner i n order to give a safe visual assessment not accessible to involved parties from conve ntional standpoints

.
Dear Mr. Williams, Interstate Builders Aerial Photography Division (ISBAPD) respectfully requests an exemption from several provisions of Title 14 of the Code of Federal Regulations ( C.F.R .) to permit the use of small unmanned aerial systems (sUAS) to assist in the operations of safe visual assessments not accessible to involved parties from conventional standpoints. This request is done primarily by the desire to perform safe, cost

-effecti ve and environmentally friendly visual inspections for private parties or governmental agencies
. While an exemption would not eliminate , in all instances a need for in

- person visual inspection, it would allow ISBAPD to broadly evaluate assets and operations with sUAS, resulting in a videoassessment that would be available to all parties while limiting the necessity for multiple personnel

inspections that can be hazardous or cause further damage. Accordingly, the grant of an exemption is consistent with congress’ intent, reflected in Section 333 of the FAA Modernization and reform Act of 2012 ) (Modernization Act), that safe systems be permitted in the national airspace prior to the issuance of final regulations governing general use of these systems. Although, in all contemplated operations performed by ISBAPD no national airspace will be compromised which is in accordance with all ISBAPD in

- flight procedures

.

**Background Information** Interstate Builders is a registered G eneral Construction company in the state of Pennsylvania established on May 5 th 1982. Historically any and all inspections were performed personally. In certain geographic locations as well as inclement weather this procedure posed a certain safety issue to the in spector as well as potential further damage caused to the property in question. The sUAS have allowed for safe, efficient and non

- evasive inspections of all above ground occurrences. This has blossomed into further opportunities for advertising and promoti ons. This has prompted Interstate Builders to establish the Ariel Photography Division. The CEO has used his once amature sUAS skills to develop a full scale Photography Division designed around the use of sUAS. This program incorporates the operations of fully qualified PIC who have undergone on ground and in

-flight training, as well as performed and over seen all pre

-flight inspections, in

-flight inspections and landing training. All PIC are expected to have a minimum of 200 hours of flight time before an y actual in field operations are performed. As part of these operations ISBAPD is requesting FAA Exemption for sUAS operations for safety, inspection and video capture usage. **Basis for Exemption Request** In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may grant an exemption under 49 U.S.C. §44701(f) if it has determined that such an exemption is in the public interest. The FAA has imposed a separate requirement in its procedural regulations, providing that the peti tioner shall explain why granting the exemption would not adversely affect safety or how the exemption would provide at least an equivalent level of safety as compliance with the underlying regulation. In this case, approval of this exemption would advance the public interest by significantly enhancing the safety and efficiency in the building industry and by providing the FAA with valuable user experience on sUAS. As described more fully below, the requested exemption would permit the operation of sUAS under tightly controlled conditions, thus ensuring that operations will not have an adverse impact on safety. As explained below, ISBAP anticipates that the use of sUAS will enhance safety with in the building industry. Granting an Exemption is directly in the Public Interest. ISBAP with the use of sUAS will assess the many different aspects necessary to maintain safety within the building industry

. The safety and efficiency of building and maintenance operations is heavily dependent upon constant analysi s of assets and their stability and safety in direct accordance to thegeneral public. There are a wide variety of factors that can affect conditions and cause problems for the

building industry . Even relatively small objects or minor failures can lead to accidents or other incidents causing downtime of buildings and infrastructure. Extreme weather events can lead to damaging results to the structure of any commercial , residential or industrial real estate . For example extreme weather conditions as well as earthquakes, landslides, and tornadoes can cause many hazards as a result of their in tensity and level of destruction

. While our clients do what they can to make these initial inspections as safe as possible, t here is an irreducible element of risk involve d whenever personnel are required to go out into these structures and elements without any situational awareness or summary of the conditions. Employees may need to climb over or onto structures, which can be slippery, rough, and/or exposed to the elements

. With the use of sUAS, ISBAP can accurately assess the damages of the aftermath of these incidents while eliminating risk of immediate endangerment to any actual persons during these assessments. This will also provide an analysis of the situation, its conditions to determine further actions required by additional licensed and certified personnel per each occurrence.
**Section 333 Aircraft Exemption Status:** Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the requirement for an airworthiness certificate based on a consideration of the size, weight, speed, operational capability of the particular UAS, as well as its proximity to airports and populated areas. An analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate in the areas and under the conditions contemplated by DFAM will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate w ithout the conditions proposed in this request. The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator and observer. O perations will be conducted in compliance with the FAA and with local public safety requirements to provide security for the area of operation as is now done with conventional equipment, infrastructure, bridge and out building evaluation. These safety enha ncements provide an expanded degree of safety to the inspectors over conventional operations. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operati on, location of operation, lack of explosive materials and inability to carry a substantial external load. Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, this meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon conside ration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular sUAS. In all cases, 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 a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.**Regulatory Pro visions from which ISBAP seeks an Exemption** 

ISBAP believes it may need an exemption from the following provisions to conduct the contemplated operations. In some instances, relief is needed because relief from another provision renders compliance with the regulation at hand infeasible. 333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) (1)&(2) 14 C.F.R. §91.417(a)&(b) ISBAP believes an exemption is only needed from the above

- listed regulatory provisions. To the extent that the FAA believes that additional relief is required for ISBAP to conduct the operations described here, we request an exemption from any such regulatory provisions as well

. **14 C.F.R. §61.113(a) and (b) §61.113 Private pilot privileges and limitations: Pilot in command.**  (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. ISBAP anticipates initially using a team of specially trained staff to conduct the sUAS operations. While these individuals may not hold commercial pilot licenses. The sUAS will not carry property for compensation or hire since they will be used primarily to assist in the inspection and evaluations of both vacant and occupied commercial, residential and industrial property. Without an exemption, the pilot would be required to hold a commercial pilot certificate under §61.133. However, the risk associated with the anticipated operations is less than the risk posed by a traditional aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole control of ISBAP clients. Accordingly, the risk would be limited to ISBAP client’s property on the ground and ISBAP personnel, who will be appropriately outfitted in safety gear, as well have undergone specific trainin g on “in

-field” conduct and safety guidelines. Requiring a commercial pilot certificatewould provide no appreciable safety benefit and would needlessly impose additional cost

on ISBAP . Because the contemplated operations would not comply with §61.113(b)(1 ) and none of the other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b).

14 C.F.R. 91.119(c) **§91.119 Minimum safe altitudes: General.** Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: *** (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. ISBAP requests only relief from what is required in §91.119 from the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since operations at this altitude also pose a heightened risk of collision with another aircraft, safety can only be assured through the grant of an exem ption. The anticipated rotorcraft operations should be adequately addressed by paragraph (d) (1). Additionally, relief should not be needed from paragraph (a) because an emergency landing of the aircraft due to a power failure will not create an undue haza rd to persons or property on the surface. As noted in the explanation of why an exemption will not adversely affect safety, ISBAP clients has exclusive use of the land over which the sUAS will be operated, and public access is restricted. As such, the ris k of injury is minimal. ISBAP does not contemplate conducting operations over congested areas, so relief is not requested from paragraph (b). 14 C.F.R. 91.121 **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 sUAS 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 Manual and Safety Check list, confirming the altitude of thelaunch site shown on the GPS altitude indicator before flight. Altitude info rmation will be provided to

the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display. This altitude information will be generated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot

. 14 C.F.R. 91.151 **§91.151 Fuel requirements for flight in VFR conditions.**  (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming norm al cruising speed
– (1) During the day, to fly after that for at least 30 minutes. (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first poin t of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. The risk raised in §91.151 does not pertain to the type of usage anticipated by ISBAP due to the fact that there is no Fuel requirements for the sUAS. Rather, that battery power is necessary for operations; we believe that 25% battery power is sufficient to perform these requirements to safely land the sUAS. Additionally ISBAP does not intend to operate the sUAS beyond the visual line of sight. Nor will an airport be required for any landings. Rather, ISBAP will operate under pre

- planned flight paths that have taken weather conditions into consideration. 14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b) **§91.40 5 Maintenance required.**  Each owner or operator of an aircraft

– (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter; ***** **§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.**  (a) No person may operate any aircraft that has undergone maintenance, rebuilding, or alteration unless
– (1) It has been approved for return to service by a person authorized under §43.7 of this chapter; ***** **§91.409 Inspections.** (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar mont hs, it has had __ (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in acco rdance with part 21 of this chapter.ISBAP believes that an exemption from these three maintenance requirements is

appropriate because the FAA has not developed maintenance standards that would allow an operator to meet the part 91 maintenance requirement s. In particular, there are no individuals authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct the initial airworthiness and annual return to service inspections required by §91.409(a). ISBAP will maintain the aircraft as instructed in the owner’s manual and ASTM F2909, where applicable, and will not operate the aircraft until it has reasonably determined that any needed repairs have been made. However, because of the technical impossibility of meeting the requirements of §§91.405(a), 407(a), 409(a) and 417(a)&(b), we believe an exemption from these provisions is appropriate. A grant of exemption to these provisions will allow a safe and secure manner of visual inspection withi n these situations without the immediate endangerment of any actual personnel being involved. Not only is the sUAS a safer alternative to a standard rotocraft by means of battery power rather than flammable fuel, no passengers are required for flight. This also lends towards a more eco

friendly operation. All inspections and assessments can be performed from outside of the hazard zone. Additionally, ISBAP seeks to utilize this exemption under these guidelines to fly for the purposes outlined above in count ries outside of the United States.

**Pilot in Command Requirements (PIC):** 1) ISBAP requires that any all sUAS operators or PIC have completed a minimum of 75 hours of flight time as a sUAS pilot along with quarterly scheduled training exercises. 2) Have completed 3 takeoffs and 3 landings and has logged a minimum of 10 hours of flight time with the make and model of the sUAS to be utilized for operations under the exemption within the past 90 days. 3) Have undergone a qualification process as specified in the flight operations & Procedures Manual consisting of a knowledge & skill test of the aircraft to be used. 4) Have an annually updated medical clearance and physical on file verified by a certified medical professional. **ISBAP Operations and Procedures Technological Characteristics**  1. Auto descent (landing) if communication signal were to be severed. If the sUAS loses communications, the sUAS will have capability to return to a pre

- determined location within the Security Perimeter and land. 2. Auto descent (landing) if battery were to drop lower than nominal level.3. Flights will be terminated at 25% battery power reserve.

4. Live video for operator gives real

-time positioning feedback. In other words, we can monitor the scene from the vehicle's p erspective for collision avoidance, and to maintain spatial orientation. 5. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 6 **.** GPS lock supplies for return

-to
- home (RTH). Should Command and Control (C 2) link failures occur (highly improbable), vehicle returns automatically to the point of launch. 7. Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on - screen display. This altitude information will be generated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero al titude initiation point will be established and confirmed for accuracy by the pilot. **Mechanical and Physical Characteristics** 1. We will fly line

-of

- sight (LOS) only. The vehicle will always remain in direct LOS to the pilot, thus eliminating the concern of signal severance (flying behind objects/walls). 2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots. 3. Batteries should far exceed the capacity required for actual flight time. 4. Flight s will be operated at an altitude of no more than 400 feet AGL. 5. Fireproof bags for storage and charging of high capacity Lipo batteries on

- site. 6. Any UA operated under this exemption will be marked in accordance with 14 CFR part 45 or as authorized by the FAA. **Personnel Characteristics**
1. Spotters ensure safe operation and act as a redundant set of eyes for operators

.
2. A briefing will be conducted in regard to the planned sUAS operations prio r to each day’s activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing

.3. The operators will obtain the consent of all persons involved in the sUAS operations and ensure that

only consenting persons will be allowed within 100 feet of the fligh t operations. 4. Observer and pilot will at all times be able to communicate by voice. 5. Written and/or oral permission from the relevant property holders will be obtained. 6. Pilot and observer will have been train ed in operation of UAS generally an d received up

-to
- date information on the particular UAS to be operated.

**Operation Characteristics:** 1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg),including energy source(s) and equipment. 2. The UA may not be flown at a ground speed exceeding 50 knots. 3. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL). 4. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requ ires the PIC to be able to use human vision unaided by any device other than corrective lenses

. 5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. 6. The operator must develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of the UAS. These procedures must be added to the operator’s manual. 7
. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Grou nd Control Station, if utilized, must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight in accordance with the operator’s manual. The PIC who conducts the functional test flight must make an entry in the UASaircraft records of the flight. The requirements and procedures for a functional test

flight and aircraft record entry must be added to the operator’s manual. 9. The UA may not be operated directly over any person, except authorized and consenting personnel, below an altitude th at is hazardous to persons or property on the surface in the event of a UAS failure or emergency. 10. Regarding distance from nonparticipating persons, the operator must ensure that no persons are allowed within 500 feet of the area except those consentin g to be involved and necessary for the infrastructure inspection operations. This provision may be reduced to no less than 200 feet if it would not adversely affect safety and the Administrator has approved it. 11. If the UAS loses communications or loses its GPS signal, the UA must return to a pre - determined location within the security perimeter and land or be recovered. 12. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual. 13
. Each UAS operation must be completed with 25% battery power remaining.
14. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The documents required under 14 CFR §§ 91.9 and 91.203 must be available 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. 17. The UA must remain clear and yi eld the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 18. 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. 19. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.20. ISBAP has no anticipated operations near or around airports. If this situation were to arise ISBAP

would follow all outlined flight procedures discussed under thi s exemption as well as with all signed consent documents from the location to include all safety clearances.

**Support for Petition for Exemption** In accordance with the procedural requirements of 14 C.F.R. §11.81, ISBAP provides the following informatio n: **Contact Information:** Randolph D. Dahl, Sr. CEO Interstate Builders Aerial Photography Division Butler, Pa 16001 724

- 287

-3999 interstblder@aol.com www.interstat ebuilders.biz

Feel free to contact me at the number listed above or via the e

- mail address should you have any questions or concerns in regards to this petition.

Respectfully Submitted,
Randolph D. Dahl, Sr. CEO, Interstate Builders (Arial Photography Division)

***** See attached supporting documents (Manufactures’ User Manual) in regards to specific s UAS currently contemplated for use under this petition.**Summary for Federal Register Publication**

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register should the FAA determine that publication is needed. Petitioner: Interstate Builders Aerial Photography Division (ISBAP) Sections of 14 C.F.R. Affected: 333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) 14 C.F.R. §91.417(a)&(b) **Description of Relief Sought:** Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14 C.F.R., 61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and 91.417(a)&(b) to conduct sUAS operations over ISBAP c lient’s owned or controlled land, solely during daylight hours, to assist in the safe evaluation and analysis of commercial, residential and industrial Real Estate and its intended operations. In general, sUAS operations are intended to be conducted in areas remote from both congested areas and airports . The nature of operations anticipated by ISBAP requires that the sUAS be flown at relatively low altitudes. ISBAP expects that in most instances, the sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS and in no inst ances will be flown higher than 400 feet above the ground. Accordingly, the risk of interference with other aircraft is minimal as well.