December 31,2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Petition of Class A Roofing Consultants for an Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of2012 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 ("Reform Act") and 

14 C.F.R. Part II, Class A Roofing Consultants ("Class A") hereby applies for an exemption 

from !he Federal Aviation Regulations ("FARs") identified below to atlO\\ commercial operation 

of small unmanned aerial vehicles (i.e., "smaU unmanned aircraft" or "liAS") for !he purpose of 

conducting aerial photography. vidcography, mapping, imaging and infrastructure inspections for 

the roofing and construction industries. 

This petition for exemption is made based on information outlined in this Petition for Exemption, 

as well as the accompanying Class A documents: 

I. PIC Flight Operations Manual and: 

2. Operations Manuals 

(Collectively 2 and 3 are referred to as ··Documents & Manuals") 

J. User Guide and; 

4. Flight Manual' 

(Collectively 3 and 4 arc referred to as "Manufacturer's Manuals") 

Class A submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 

11.35(b). as the materials contain confidential commercial and/or proprietary information that 

Class A has not and will not share with other requesting parties. Additionally, these documents 

contain operating conditions and procedures that are not generally available to !he public and are 

protected from release under !he Freedom of Information Act. 5 U.S.C. § 552 eL. seq. NOTE: 

ALLAITACHMENTS SET FORTH IN SUPPORT OF THIS LETTER OF 

PETITION ARE CONFIDENTIAL A. 'ID SHALL NOT BE RELEASED TO THE 

PUBLIC WITHOUT WRITTEN AUT HORIZATION FROM THE PETITIONER. 

For your convenience, this Petition is organized as follo"s: 

1

• The term "Manufacturel's Manual" also includes all relevant manufacturer publications. including, but 

not limited to: operations and night manuals. user guides. component maintenance manuals, pilot training 

manuals, ser\ icc information letters and, safety/service bulletins. 
U.S Department of Transportation 

December 31, 2015 

Page2 

I. Description of Petitioner 

II. Description of Proposed Operations 

A. Aerial Photography. Videography, Mapping. Imaging and Infrastructure 

Inspection 

Ill. Relevant Statutory Authority 

IV. Class A's Proposed UAS Operations Meet the Requirements of 

Section 333 of the Reform Act 

A. Approval is Warranted Based on the UAS's Size, WeighL Speed. and 

Operational Capability 

B. Appro\'al is Warranted Based on the Operational Restrictions Set Forth in the 

Operations Manuals 

V. Regulations From Which Exemption is Requested 

A. 14 C.F.R. Part 21. Subpart H-Airworthiness Certificates and 14 C.F.R. § 

91.203(a)(l) 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

C. 14 C.F.R. §§ 91.9(c). 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements 

D. 14 C.F.R. § 91.405(a). 91.407(a)(!). 91.409(a)(l) and (2): 91.417(a) and (b): 

Maintenance Inspections 

E. 14 C.F.R. Part 61. 14 C.F.R. § 61.3. 14 C.F.R. § 61.113: Private Pilot 

Privileges and Limitations 

F. 14 C.F.R. § 91.7(a): Chit Aircraft Airworthiness 

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration 

H. 14 C.F.R. § 91.103: Preflight Action 

I. 14 C.F.R. § 91.1 09(a): Flight Instruction 

J. 14 C.F.R. § 91. 11 9(c): Minimum Safe Altitudes 

K. 14 C.F.R. § 91.121: Ahimeter Senings 

L. 14 C.F.R. § 9!.151 (a): Fuel Requirements for Flight in VFR Conditions 

V 1. Drug and Alcohol Program 

VII. Public Interest 

VIII. Pri,·acy 

IX. Federal Register Summary 

X. Conclusion 

I. DESCRIPTION OF PETITIONER 

Class A is based in Portland, OR working aerial photography, videography, mapping. imaging 

and infrastructure inspection for the roofing and construction industries. The Company 
U.S Department ofTransponation 

December 31.2015 

Page3 

specializes in, and will continue to focus on the photography. videography, mapping and 

infrastructure inspection for the roofing and construction industry. The Company's Principal and 

Chief Pilot Jeremy Tunney has been flying UAV Quadcopters as a hobby for more than one year 

without incident, logging hundreds of hours nying. 

Upon lhe grant oflhe 333 Exemption the Company"s business will spcciali.~:e in photography. 

'ideography, mapping. imaging and infrastructure inspection of roofing systems. 

Class A's staff are well trained and experienced in providing suppon as visual observers ( .. VO .. ) 

for the pilot in command ( .. PIC .. ) in addition to any olher needed on site assistance. 

A 11 of the equipment owned by Class A is of lhe highest quality gear and has been able to 

provide these services safely and without any claims or incident. Class A's goal is to advise the 

perspective client that Class A is following all the applicable state and federal rules to ensure the 

safety of the public while providing the client \\ith a competitive and cost effective product. 

Class A seeks an exemption to allow for photography. videography. 3d mapping and other related 

media products. 

The contact information for Petitioner is as follows: 

Jeremy Tunney 

Class A Roofing Consultants 

6020 SE 34th Ave. 

Ponland, OR 97202 

Phone: 503.896.7727: Email: jeremytunney gmail.com 

II. DESCRIPTIO OF PROPOSED OPERATION 

Class A seeks an exemption pursuant to Section 333 of the Reform Act to operate the on 

Phantom 3; and on Phantom 2 (referred to ClassA-UAS ) (under 55lbs) for the proposed 

operations discussed herein below. All UAS operations will occur under tightly controlled 

conditions on private propeny or approved location where Class A has received verifiable 

permission to operate from the lando'"ner. controller or authorized representative. The proposed 

UAS operations will be conducted in accordance wilh the conditions and limitations of !his 

Petition for Exemption and Class A"s Operations Manuals. As detailed in Class A's Operations 

Manuals, all UAS operations will be limited to da)lime VFR conditions. ~ithin visual line-ofsight ("VLOS") of the operator, in uncontrolled airspace, and will occur at least 5 nm away from 

an airpon reference point. Moreover, Class A's Operations Manuals incorporate redundant 

safeguards to assure the aircraft does not travel outside the controlled area of UAS operations. 

including GPS "geo-fencing" technologies. 

A. Aerial Videography, Photography, 3d Mapping and Infrastructure 

Inspection 

Class A seeks to use small ClassA-UAS for lhe purpose of conducting aerial photography, 

videography, mapping, imagery and infrastructure inspection for lhe roofmg and construction 

industries. Class A has purposefully tailored its operations to meet the requirements established 
U.S Department ofTransponation 

December 31, 2015 

Page4 

by the FAA in prior grants of exemption authoriz.ng commercial usc of UA in the related 

industries, including: 

• Trudeau. Realtor® (Exemption No. 11 138) 

• Alon Sicherman (Exemption o. 11728) 

• Sokoler Medly (Exemption No. 11341) 

• Raven Executive (Exemption ~o. 12639) 

• Dobbs Administrations (Exemption No. 13279) 

• Thomas Johann Walter (Exemption No. 12719) 

• Joseph Roofing (Exemption 1o. 13518) 

All UAS photography, videography, mapping, imagery and infrastructure inspection operations 

will occur on private propeny or approved location in a controlled area away from spectators and 

persons not involved in the recording process. In addition, the filming will be conducted between 

da\vn and dusk to ensure maximum safety for the public and those involved in the manipulation 

and operation of the UAS; VFR conditions. at altitudes beiO\\ 400' above ground level ("AGL"). 

As set forth below. Class A's operations provide an equivalent level of safety which is superior to 

performing the same \\Ork using com·entional fixed-wing aircraft or helicopters. 

Small UAS video production is also safer than traditional manned aircraft performing the same 

function. Videographer-inspectors also frequently need to climb roof tops, trees, ladders or 

otherwise perform elevated work. which exposes them to the risk of dangerous falls. 

electrocution or other work related injuries. In addition, depending on the nature of the video 

needed and inspection. proximity to equipment. and other mechanical hrur.ards associated ''~th 

industrial sites and construction facilities often involves a risk of exposure to hazardous 

conditions. The use ofCiassA-UAS mitigates these hazards and is ultimate)) a much safer and 

cost efficient method of performing these and most other types of inspections. 

Moreover, conventional operations using rotorcrafl and fixed-wing aircraft in low level 

operations present risks associated \~th vehicles weighing tens of thousands of pounds 

(including payload) and carrying large amounts of fuel which inherently presents significant frre 

hazards as well as exposure to other chemical contaminates. It is imponant to note the use of 

small UAS in this area \\ill not only be safer and more cost effective to the perspective user or 

purchaser of the service. but the quality and expanse of acquired information ''ill be far more 

robust given the lo\v cost associated \\ith its acquisition and other potential consumers an 

inexpensive product. 

UAS video production is more reliable, and allows for the collection. dissemination, and storage 

of visual and other sensory data \~th greater precision and duration at a very low cost. Small 

UASs \\ill also be capable of accessing and inspecting areas that would othen~se be inaccessible 

or high I) dangerous using convemional aircraft or other inspection methods. 

Ill. RELEVANT STATtrrORY Al iTHORLTY 

This Petition for Exemption is submined pursuant to Section 333(a) through (c) of the 

FAA Modernization and Reform Act of20 12 ("Reform Act"). Congress has directed the FAA 
U.S Deparuncnt of Transportation 

December 31, 20 I 5 

PageS 

"to safely accelerate the integration of civil unmanned aircraft systems into the national airspace 

system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit 

unmanned aircraft systems to operate in the National Airspace Systems ("NAS") where it is safe 

to do so based on the following considerations: 

• The UAS's size. weight. speed and operational capability: 

• Operation of the UAS in close proximity to airpons and populated areas: and 

• Operation of the UAS within the visual line of sight of the operator. 

Additionally. the FAA Administrator has general authority to grant exemptions from the agency's 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(1) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(1) (permitting exemptions !Tom§§ 44701(a), (b) and 

§§ 44702-44716. et seq.). A party requesting an exemption must explain the reasons why the 

exemption: (I) would benefit the public as a whole. and (2) \\Ould not adversely affect safety (or 

how it would pro\ide a level of safety at least equal to the existing rules). ec 14 C.F.R. § 11.81 

(petitions for exemption). 

IV. CORRfDOR FIELD'S PROPOSED CLASSA-UAS OPERATIO S MEET THE 

REQUIREMENTS OF SECTION 333 OF THE REFORM ACf 

The small ClassA-UAS operntions proposed by Class A as noted above in this Petition for 

Exemption qualifY for expedited approval pursuant to Section 333 of the Reform Act as each of 

the statutory criteria and relevant factors are satisfied. 

A. Appro\ a! is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

A Grant of Exemption is appropriate for operations conducted using the UASs due to their size 

weight, speed, and operational capability. 

• The ClassA-UAS utilized by Class A has been approved for use in prior Section 

333 Grants of Exemption from the FAA.2 

• The ClassA-UAS weighs less than 55 pounds. including pa)load 

• The ClassA-UAS will not be flown at a ground speed in excess of 50 knots. The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 50 knot speed restriction . 

• 

l ~e.g., Grant of Cxemption to Trudeau, Realtor® (Cxemption No. It 138): Grant of E\emption to Alon 

Sic herman (Exempcion No. 11728); Grant of Exemption to Sokoler Mcdly (Exemption 1\o. 11341 ). 
U.S Department of Transportation 

December 31. 20 15 

Page6 

• Altitude information "ill be generated b) equipment onboard the UAS as 

specified using GPS triangulation. digitally encoded barometric altimeter. radio 

altimeter. or any combination thereof. This information will be transmined to the pilot 

,;a telemetric data feed. 

• The ClassA-UAS will have system redundancies and independent functionality to 

ensure the overall safety and predictability of the system. If connection to the remote 

control or ground control station is lost, failsafe systems will permit the UASs to 

return to a predetermined location and safely land without injury or damage. 

• The radio frequencies used for operations and control of the ClassA-UAS comply 

with the Federal Communications Commission ("FCC") and other appropriate 

government oversight agency requirements. The operating frequent) for the ClassAUAS is 2.-t GHz frequency bands. 

If the same operations were conducted using a he1icopter. the aircraft's take-off weight would 

likely exceed 6,000 pounds depending on payload. The difference in weight between the ClassAUA and a helicopter significantly reduces the potential harm to the participating and nonparticipating individuals and/or surrounding property in the event of an unintended accident or 

incident. In addition, the risk to the onboard pilot and camera operator is eliminated. 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

Class A's Operations Manuals 

Class A's Operations Manuals and the Manufacturer's Manual for the selected ClassA-UAS will 

contain all the procedures and limitations necessary to safely and successfully perform the 

operations specified in this Petition for Exemption. To assist the FAA in making a safety 

assessment of Class A·s proposed operations. below is a summary of operational limitations and 

conditions that Class A will adhere to, and \\hich will ensure an equivalent or higher level of 

safety to operations conducted under current regulatory guidelines: 

I. The ClassA-UAS "eighs less than 55 pounds, with pa) load. 

2. All operations shall be conducted over private or controlled-access property with 

verifiable permission from the land owner/controller or authorized representative. 

Pemlission from land owner/controller or authorized representative will be obtained 

for each scheduled flight prior to operation. 

3. All UASs operated under the Grant of Exemption \\ill be identified by serial number. 

registered in accordance with 14 CFR part 47. and have identification (N-, umber) 

markings in accordance "ith 14 CFR part 45. Subpart C. Markings '"ill be as large as 

practicable. 

4. Minimum crew for each flight operation \\ill consist of a pilot. who will be Pilot-in 

Command ("PIC") of the ClassA-UAS, and one or more Visual Obseners 

("Observer") as necessary to safely conduct the mission. 
U.S Department ofTransportation 

December 31, 2015 

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5. PICs shall possess either a private. recreational. or spon pilot certificate. The PIC 

must also hold a current FAA airman medical certificate or a valid U.S. dri,·er's 

license issued by a state, the District of Columbia. Puerto Rico. a territor), a 

possession, or the Federal go,·ernment The PIC will also meet the flight review 

requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on 

his or her pilot certificate. 

6. The ClassA-UAS shall be operated within VLOS of the PIC and Observer at all 

times. The PIC must use human vision unaided by any device other than corrective 

lenses. as specified on the PIC's FAA-issued medical certificate. 

7. The PIC and Observer designated for any operation will be able to communicate 

"erbally at all times. 

8. Electronic messaging or texting ,,;11 not be permined during flight operations. 

9. The additional requirements identified in the Grant of Exemption shall be added to 

the Class As Operations Manuals. The Operations Manuals will be maintained and 

made available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations in the Grant of Exemption and Class A"s Operations 

Manuals, the conditions and limitations in the Grant of Exemption shall take 

precedence and must be followed. Otherwise, Class A shall follow the procedures 

outlined in their Operations Manuals. 

I 0. Class A may update or revise its Operations .\1anuals. Revisions will be tracked and a 

revised copy of the Manual will be provided to the Administrator upon request. Class 

A will also present an updated and revised Operations .\1anuals if it petitions for 

extension or amendment to its Grant of Exemption. If an update or revis.ion would 

affect the basis upon w hicb the fAA grants the exemption, Class A ,,;u seek an 

amendment tO its Grant of E:"emption. Class A will contact the FAA's UAS 

Integration Office (AFS-80) if questions arise regarding updates or revisions to the 

operating documents. 

II. Class A Operations Manuals and its Grant of Exemption will be available to the PIC 

at the ground control station anytime the ClassA-UAS is operating. 

12. The PIC is prohibited from beginning a ClassA-UAS flight unless (considering wind 

and forecast weather conditions) there is enough power to fly to the fiCSt intended 

point of landing. and assuming normal cruising speed, to fly after that for at least I 0 

minutes. 

13. Maximum total flight time for each operational flight using the ClassA-UAS will be 

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a 

reserve battery power of no less than 25%, whichever occurs first. 

I 4. Flights will be operated at an altitude of no more than 400 feet AGL and will never 

enter navigable controlled airspace 'vithout timely prior v.Titten authorization and 

approval from the FAA. ln the event the structure being inspected exceeds 400 feet 
U.S Department of Transportation 

December 3 1, 2015 

PageS 

AGL. the UAS \\ill not be operated more than I 00 feet above the highest point on the 

structure. and no more than 50 feet horizontally from the structure. 

IS. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons. (persons other than the PIC, VO, operator trainees or essential persons), 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises '~here nonparticipating persons leave such protection and are 

within 500 feet of the UA. flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures '~here the 

O\\nerlcontroller of such ,·essels. vehicles or structures has granted permission 

and the PIC has made a safety lSsessment of the risk of operating closer to 

those objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per§ 91.119(a). 

16. The ClassA-UAS 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. 

17. The ClassA-UAS may not operate within 5 nm of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a lcner of agreement 

with that airport's management is obtained, and the operation is conducted in 

accordance with a 'OTAM as required b)' the FAA. The lener of agreement \\ith the 

airport management \\ill be made a'ailable to the Administrator upon request. 

18. Prior to each flight the PIC shall inspect the ClassA-UAS to confinn that it is in a 

condition safe for flight. The pre-flight inspection will account for aU discrepancies, 

e.g. inoperable components. items. or equipment, not already covered in the relevant 

sections of the operating documents as well as equipment updates. The PIC shall not 

operate any ClassA-UAS if the inspection reveals a condition that affects the safe 

operation of the ClassA-UAS until the necessary maintenance has been performed 

and the ClassA-UAS is found to be in a condition for safe flight. The ground control 

station shaU be included in the preflight inspection. All maintenance and alternations 

must be properly documented in the UAS's records as required by Class A's 

Operations Manuals. 

19. Class A ,,;u timely Cart) out its maintenance. inspections. and record keeping 

requirements in accordance with the Operations ~annals. Maintenance, inspection, 

and alterations will be full) noted in the ClassA-UAS records, including total time in 

service. description of work accomplished. date completed and the signatune of the 

authorized person returning the ClassA-UAS to service. 
U.S Depanment of Transportation 

December 31, 20 15 

Page9 

20. Any ClassA-UAS that bas undergone maintenance or alterations that affect the UAS 

operation or flight characteristics e.g~ replacement of a flight critical component) 

must timely undergo a functional test flight in accordance with Class A's Operations 

Manuals. The PIC "ho conducts the functional test flight must make an entry in the 

UAS aircraft records of the flight. The requirements and procedures for a functional 

test flight and ClassA-UAS record entry shall be included in the Class A's Operations 

Manuals. 

21. The ClassA-UAS will be operated and maintained according to the Manufacturer's 

Manuals and any required manufacturer Safety/Service Bulletins and product updates. 

22. Prior to the operation. a Mission Packet ,,;u be created in accordance "'ith the 

requirements on Class A's Operations Manuals. 

23. Class A '"ill obtain an Air Traffic Organiau:ion ("ATO") issued Certificate of\Vai\er 

or Authorization. othel'\\ise known as a COA, prior to conducting any operations 

under this Grant of Exemption. A OTAM will be issued as required b) the COA. All 

operations \\ill be conducted in accordance with airspace requirements in the ATO 

issued COA including class of airspace, altitude level and potential transponder 

requirements. 

24. All required permissions and permits will be obtained from territorial. state, county or 

city jurisdictions. including local law enforcement, fire or other appropriate 

governmental agencies. 

25. If the ClassA-UAS loses communication with the PIC. it \\ill have the capability to 

safely rerum to a pre-determined location within the operational area and land safely. 

26. Contingenc) plans will be in place to safely t.erminate flight if there is a loss of 

communication between the PIC and the Observer. 

27. The ClassA-UAS '"ill ha\e the capability to safely abort flight in the ease of 

unpredicted obstacles or emergencies. 

28. P!Cs and Observers will have at least a current Class III Medical Certificate or u valid 

and current state driver's license issued within the United States. 

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, 

in a manner consistent with 14 CFR § 61.51 (b). a minimum of200 flight cycles and 

25 hours total time as a UAS rotorcraft pilot and at least I 0 hours logged as a UAS 

pilot \\ith a similar ClassA-UAS type platform. This requirement can be achieved by 

flights conducted and logged as a hobbyist. 

30. Prior to conducting operations for filming, the PIC '"ill ha' e accumulated and logged. 

in a manner consistent with 14 CFR § 61.51 (b). a minimum of hours pursuant to 54 

CFR § 61.51(b) as UAS pilot operating the make and model ofC1assA-UAS to be 

utilized for operations under the exemption and three take-offs and three landing in 

the preceding 90 days. 
U.S Department of Transportation 

December 31.2015 

Page 10 

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under 

special visual flight rules ("SVFR") shall not be conducted. 

32. The ClassA-UAS shall remain clear and yield the right of way to all other manned 

operations and acti\ ities at all times (including, but not limited to. ultralight vehicles. 

parachute acti\·ities, parasailing acth ities, hang gliders. etc.). 

33. ClassA-UAS Operations under Instrument Flight Rules, at night. or beyond VLOS 

are prohibited. 

34. The UAS will not be operated from an elevated platform unless designed and 

engineered specifically for such purposes and be in compliance with the general 

restrictions imposed b) the applicable regulations. Additionally no PIC \\ill provide 

any film-flight operations while in m01ion from atop any elevated platform vehicle or 

device. 

35. Before conducting operations, the radio frequency spectrum used for operation and 

control of the ClassA-UAS will comply with the Federal Communications 

Commission (FCC) or other appropriate govenunent oversight agency requirements. 

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority. b) its terms, includes exempting civil aircraft, as the term is defined under § 

40101 of the AcL including UASs, from its safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest.3 

Class A seeks an exemption from several interrelated provisions of Title 14 of the Code of 

Federal Regulations ("14 C.F.R") Pans 21 , 45.61 and 91 for purposes of conducting the 

requested operations using ClassA-UAS platforms noted above. Listed below arc: (I) the 

specific sections of 14 C.F.R for \\hich exemption is soughL and (2) the operating procedures 

and safeguards that Petitioner has established which will ensure a level of safety bener than or 

equal to the rules from which exemption is sought.• 

UNMANI'I'EO AIRCRAFT SYSTEM 

A. 14 C.F.R. Part 21, Subpart H -Airworthiness Certificates and 14 C.F.R. 

§91.203(a)( I) 

J 49 U.S.C. § 4470 I (f) (authoriling lhe g,ant of e.xemptiOO$ from requirements of regulations presaibed pursuant to 

Seetions 44701(a) and (b) and Sections 44702 - 44716). 

• 14 C.F.R § 11.81(e), "hich requires a petition for exemption 10 include: The reasons wb) granting lhe e,,emption 

\\OUid not adversely affect safel). or ho" the exemption would provide a le,el of safety at least equal to that 

provided by the rule from "hich )OU seek exemption. 
U.S Department ofTranspOrtation 

December 31, 20 15 

Page II 

The FAA has Stated that no exemption is needed from this section if a finding is made under the 

Reform Act that the UAS selected provides an equivalent Je,el of safety when compared to 

ain:raft normally used for the same application. These criteria are met and in pOint of fact 

exceeded, and therefore no exemption is needed. s If, however. the FAA determines that there 

are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act. 

an exemption is requested. 

Equivt1lent Level of Safety 

Class A's use of the ClassA-UAS is safe \\hen taking into account its size. weight. speed, and 

operational capability. As set forth in the description of proposed operations in Section IV(A), 

the ClassA-UAS weighs less than 55 pounds, including payload and ...,;11 not be flov.n at a 

ground speed in excess of 50 knots. The ClassA-UAS is also equipped with safe!) features 

which will allow Petitioner to operate the ClassA-UAS safely after experiencing certain in-flight 

contingencies or failures as noted belo\\.

6 1 

Additionally. the ClassA-UAS carries neither pilots nor passengers. carries no explosi'e 

materials or flammable liquid fuels. or other elements identified by Homeland Security as being 

prohibitive and operate exclusively within the parameters stated in Class A's Operations 

Manuals. 

Operations conducted under this exemption will be closely controlled and monitored by the PIC 

operator and will be conducted in compliance with local public safety requirements, to provide 

security for the area of operation. Class A will also provide the FAA with advance notice of all 

' See Grant of Exemption No. 11062 to Aslraeus Aerial (FAA-2014.{1352 81 pgs. 13-14, 22). 

• See e.g.. Grant ofE.,emption No. II IS4to Lo" Counll) RC, Corp. (FAA-2014.{1803 81 pg. 3): "The [DJI SIOOO] 

has the capability to operate safe!} after experiencing cenain in-flight contingencies or failures and uses an autopilot system to maintain UAS stabilil) and control. The UAS is also able to respond to a loss of global positioning 

S}>tem (GPS) or a lost-link evem witb a pre-coordinaled, predictable, automated flight maneu,er. and manual flight 

oontrol functionality as a baclmp. These safety featu~ provide an equivalent level of safety compared to a manned 

aircraft performing a similar operation. • 

7 Sec e.g., Grant of Exemption No. 11184to VDOS Global, LLC. (FAA-2014.{1382 atpgs. 4-5): "The ClassA-UAS 

can be operated entirely by a touch-screen. map-based interface. This means tbe operator only needs to command 

the system where to go, and the system does alltbe nying for the operator. The ClassA-UAS can be opernted in botb 

semi and fully autonomous night modes, with the operator simply clicking on a map to create a pre-planned flight 

path for a flight. In addition, tbe operator can create no ny zones or ma.ximum flight ranges and altitudes so the 

S>Stem cannot enrer areas deemed unsafe or unnecessary tony over. The petitioner states further thai the UAS has 

built-in intelligent fault handling which allows tbe ClassA-UAS to detect a system fault wbile in the air and 

automalicall) fly back to its takeoff location and l:u~d. FaultS that can be detected include: loss of communication; 

ex~ing pre-set "ind thresholds: and lo" banery le•els." 

All flight operations are global positioning S) Stem (GPS) controlled. making the system eas) to na"gatc. At an) 

point if the operator is not CX'Jllicitly commanding the system to move, the system amomatically bolds its GPS 

position. The flight comrol system employs not on I) GPS positioning but a variety or sensors including sonar, 

barometric pressure, temperarure. wind speed and others to ensure stability so long as wind thresholds are not 

c'cecded. A I so a flight termination link -to prevent a •ny away' or other potentially dangerous situation is 

available to the opemtor.• 
U.S Department of Transportation 

December 31,2015 

Page 12 

operations \ia 'OTAMs as required by the applicable CO A. In aU cases. operation of the 

ClassA-UAS under the proposed conditions will be at least as safe as, or safer than. comentional 

rotorcraft operating \\ith an airworthiness certificate. Lastly. the ClassA-UASs do not need a 

means to communicate with other aircraft or ATC, because those capabilities will be solely 

possessed by the PIC and Observer. who are not onboard the ClassA-UAS.1 ln addition. no 

sense-and-avoid technology is necessary for the ClassA-UASs because they will be operated at 

all times in VFR conditions and within VLOS oflhe PIC and Operator.9 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

Title 14 C.F.R. Part 27 sets forth the procedural requirements for aimorthiness certification of 

nonnal category rotorcraft. To the extent that Class A's small ClassA-UAS would othemise 

require certification under Part 27. Petitioner seeks an exemption from Part 27's airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Pan 21. 

Subpart H. supra. 

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requi.rements 

Class A seeks an exemption from the aircraft marking and identification requirements contained 

in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 

• 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual. Yiarking and Placard 

requirements. provides that: 

o person may operate a U.S.-registered civil aircraft unless that aircraft 

is identified in accordance with Part 45 of this chapter. 

• 14 C.F.R. § 45.23(b). Markings of the Aircraft. states: 

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restri cted or light-sport category aircraft 

or experimental or provisionally certificated aircraft. the operator must 

also display on that aircraft near each entrance to the cabin. cockpit, or 

pilot station. in letters not less than 2 inches nor more than 6 inches high, 

the words "limited," "restricted," "light-sport, "experimental," or 

"provisional." as applicable. 

• 14 C.F.R. § 45.27(a). Rotorcraft, states: 

Each operator of a rotorcraft must display on that rotorcrafi horizontally 

on both surfaces of the cabin, fuselage, boom. or tail the marks required by 

§ 45.23. 

1 See Grant of Exemption No. 11062 to Astraeus Aerial (FAI\-20t4-0352 at pg. 13) . 

• . ld 
U.S Department ofT ransportation 

December 31, 20 15 

Page 13 

In a previous Grant of Exemption, the FAA determined that exemption from these requirements 

was warranted provided that the aircraft "have identification (N-Nurnber) markings in 

accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10 

Equivalent Level of Safety 

All ClassA-UAS flown by Class A will bear N-number markings that are as large as practicable 

in accordance with 14 C.F.R. Part 45, Subpart C.11 

D. 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(l ) and (2); 91.4l7(a ) and (b): 

Maintenance Inspections 

Class A seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(l ), 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91 .405(a) (stating that each owner or operator of an aircraft "(s)hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ... have discrepancies 

repaired as prescribed in part 43 of this chapter"). An exemption from rhese regularion.s is needed 

because Part 43 and these secrions only apply to aircraft with an ainvonhiness certificate, which 

the UAS platforms robe operated under this gram of exemption will nor have. (Emphasis added) 

Equivalent Level of Safety 

An equivalent level of safety will be achieved or exceeded because maintenance and inspections 

will be timely performed in accordance with the Manufacturer's Manual and any required 

manufacturer Safety or Service Bulletins. Further, as required by Class A's Operations Manuals, 

the PIC will conduct a pre-flight inspection ofthe ClassA-UAS and all associated equipment to 

account for all discrepancies and/or inoperable components. Maintenance will be performed and 

verified to address any conditions potentially affecting safe operation of the ClassA-UASs and 

no flights will occur unless, and until, all flight critical components of the ClassA-UAS have 

been found to be airworthy and in a condition safe for operation. A functional test flight will be 

conducted following the replacement of any flight-critical components. As required by Class A's 

Operations Manuals, the PIC who conducts the functional test flight will make an entry in the 

ClassA-UAS aircraft records of the flight. 

Class A's Operations Manual also includes requirements to follow the manufacturer's UAS 

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements 

for the following applicable components: powertrain system (powerplant), propellers, avionics 

and control surfaces (including aileronslelevons), structures & airframe, camera system, 

electrical systems (including batteries), ground control station, hazard accessories, and spare 

parts. Further, Class A's Operations Manuals also include procedures to document and maintain a 

record of the ClassA-UAS's maintenance, preventative maintenance, alterations, status of 

replacement /overhaul component parts, and the total time in service of the ClassA-UAS used 

under this Grant of Exemption. As a whole, the maintenance and inspection procedures required 

1

° FAA Docket No. FAA-2014-0352 

ll See, e.g., FAA Docket No. FAA-2014-0352, at 14. 
U.S Department of Transportation 

December 31.2015 

Page 14 

in Class A"s Operations Manuals ensure that an equivalent or higher level of safety will be 

achieved. 

PILOT-IN-COMMAND OF THE UAS 

E. 14 C.F.R. § 61.113: Prh·ate Pilot Prilileges and Limitations 

Class A seeks exemption from 14 CFR § 61.113. which restricts private pilot certificate holders 

from flying aircraft for compensation or hire, and would also require a second class medical 

certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches 

the airspace in which the PIC "ill be operating, as well as requiring certifications if the private 

pilot is carrying passengers or cargo for hire. In this case. while the ClassA-UAS will be 

operated as parr of a commercial operatiOD, they CarT) neither passengers nor cargo. In the Grant 

of Exemption to Astraeus Aerial. the FAA determined that the unique characteristics ofUAS 

operation outside of controlled airspace did not warrant the additional cost and restrictions 

attendant with requiring the PIC to have a Commercial Pilot Certificate and Class ll Medical 

Cenificate. 12 The fulfillment of the additional requirements for a private pilot to become 

qualified as a commercial pilot would not lead to any additional safety benefits when UAS 

operations are imolved. 

Equivalent Level of Safety 

The restrictions Class A has placed on its ClassA-UAS operations meet or exceed lhe restrictions 

similar!)' imposed on Astraeus Aerial. Class A '"ill operate on private property away from 

persons and property not invohed in the operation. Class A ''ill also obtain an ATO issued COA 

prior to conducting any operations under this Grant of Exemption. All operations will be 

conducted in accordance with airspace requirements in the ATO issued COA including class of 

airspace, altitude level and potential transponder requirements. A 10TAM will also be issued as 

required by the applicable COA. 

In addition to these flight restrictions. Class A will further ensure safe operation by requiring that 

any PIC be thoroughly Yersed not only in airspace and communication issues penaining to all 

aircraft operators but also in the unique aspects of ClassA-UAS flight. As set fonh in the 

Operations Manuals, pilots will have experience not only in ClassA-UAS operations generally 

but have logged flight time in the speci fie make and model used for the operations before they 

are permitted to participate in commercial flights on behalf of Class A. The pilot qualification. 

training, and currency requirements in the Operations Manuals ensure that Class A pilots are 

competent and proficient in the ClassA-UAS they are operating. Class A's training and 

qualification requirements are consistent wilh those contained in prior FAA Section 333 Grants 

of Exemption. and will provide a higher level of competency and proficiency for its pilots and 

will ensure at least an equivalent level of safety to the public. 

OPERATING PARAMETERS OF THE UAS 

F. 14 C.F.R. § 9L7(a): Chi! Aircraft Airworthiness 

12 Exemplion No. 11062 (FAA Dockel No. FAA-2014-0352). 
U.S Department of Transportation 

December 31. 2015 

Page 15 

Inasmuch as there ''ill be no aimorthiness certificate issued for the UASs. Class A seeks an 

exemption from 14 C.F.R. § 91.7(a). ''hicb requires that a ci,iJ aircraft be in aiJ"\\Orthy condition 

to be operated. The FAA bas stated that no exemption is required for 14 C.F.R. § 91.7(a) to the 

extent that the requirements of Pan 21 are waived or found inapplicable.n Accordingly, 

Petitioner requests that the requirements for§ 91.7(a) be treated in accordance with 

Section V(A), supra. 

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. 

§ 91.203(a) and (b): Carrying Civil Aircraft Certification a nd Registration 

Title 14 C.F.R. § 91.9(b) (2) and§ 91.203(a) and (b) require the operator to carry aim·orthiness 

documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.f.R. § 91.9(b) (2): 

(b) o person may operate a U.S.-registered civil aircraft-

(2) For which an Airplane or Rotorcraft Flight Manual is required b) § 21.5 of this 

chapter, unless there is a,·ailable in the aircraft a current approved Airplane or Rotorcraft 

Flight Manual, approved manual material, markings. and placards. or any combination 

thereof. 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

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

within it the following: 

(I) An appropriate and current am~orthiness certificate ... 

(b) No person may operate a civil aircraft unless the amvorthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under § 91.715 is 

displa) ed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

Given the small size and configuration of the ClassA-UAS. it would be impossible to keep 

aimorthiness documents and other aircraft manuals on board the ClassA-UAS because there is 

simply no room and the ClassA-UAS has no cabin or cockpit. As a way to comply with the code 

Class A will maintain the documents with the PIC and make them available for inspection. 

Equivalent Level of Safety 

In an FAA Office of Chief Counsel's Opinion dated AugustS. 2014. and prepared b) Dean E. 

Griffith, Anomey. AGC-220. it was ackno,,ledged that the intent of 14 C.F.R. 91.9(b) and 

91.203(a) and (b) is met if the pilot of the unmanned aircraft bas access to the UAS night 

manual. registration certificate. and other required documents from the ground control station 

from "hich he or she is operating the aircraft.'' As this FAA Office of Chief Counsel Opinion 

IJ See ld. a1 13-14, 22. 

"Memorandum from Marlt Bury. FAA Assistanl Chief Counsel for International Law, Legislation and Regulation, 

to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014·0352 at 16-18. 
U.S Depanmem of Transportation 

December 31, 2015 

Page 16 

clarifies, the intent of the rule is to ensure the pilot has access to these key documents during 

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has 

access tO the documents at the ground control station from which he or she is piloting the UAS. 

H. 14 C.F.R. § 91.103: Preflight Action 

Class A seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar 

with specific information before each flight, including infom1ation contained in the FAAapproved Flight Manual on board the aircraft. Whjle the PIC will be farlliliar with all information 

necessary to safely conduct the flight, an exemption is requested to the extent that an FAAapproved Flight Manual is reqwred. 

Equivalent Level of Safety 

An equivalent level of safety will be provided by following the Class A's Operations Manuals 

and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify 

my defects or inoperable components in accordance with the Class A's Operations Manuals, 

including checkJjsts covering Pre-Flight, Launch, Lmdillg, md Post-Flight procedures. The PIC 

will also be required to review weather, flight requirements, battery charge, landing and takeoff 

distailce, UA performance data, and contingency lmding areas-before injtiation of flight. Class 

A's Operations Mmuals and the Manufacturer's Manual will be kept at the ground control station 

and will be accessible to the PIC at all times while operating the UAS. 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

Class A seeks an exemption from 14 C.F.R. § 91.1 09(a), which provides in pertinent part that 

"LnJo person may operate a civil aircraft (except a marmed free balloon) that is being used for 

flight instruction unless that aircraft has fully functioning dual cont'rols." UASs md remotely 

piloted aircraft, by their design, do not have functional dual controls. In~-tead, flight control is 

accomplished through the use of a device that conunullicates with the aircraft via radio 

communications. Accordingly, m exemption will be required for the !light instruction 

requirements of 14 C.F.R. § 91.109(a). 

Equivalent Level of Safety 

Given the size and speed of the UASs that Class A intends to use, m equivalent level of safe 

training can sti II be performed without dual controls because no pilot or passengers are aboard 

the UAS, and as required by the Class A's Operations Marmals, all persons will be a safe distance 

away in the event that the UAS experiences my difficulties during flight instruction. Moreover, 

as reqwred by the Class A's Operations Mmuals, all ilight training will be conducted in 

controlled and sterile enviroument. As a whole, the safery procedures provided for in Class A's 

Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher 

level of safety than that provided by the flight instruction regulations. 
U.S Department of Transportation 

December 31. 2015 

Page 17 

J. 14 C.P.R. § 91.119(c): Minimum Safe Altitudes 

Class A requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c).u Section 91.119 prescribes the minimum safe altitudes under which aircraft ma) not 

operate. including 500 feet above the surface and away from any person. vessel. \'Chicle, or 

structure in non-congested areas. See 14 C.F.R. § 91. 119(c). Section 91.1 19(d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface." provided that "each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA." 

An exemption is required because the proposed ClassA-UAS operation will normally need to 

occur below 400 feet AGL. In circumstances where the ClassA-UAS is used to inspect a 

structure '~hose height exceeds 400 feet AGL. the ClassA-UAS "ill not be operated more than 

I 00 feet above the higheSt point on the structure, and \Vi thin 50 feet horizontally of the strucrure. 

Additionally. due the nature of the proposed operations. the Pilot and/or Observers(s) may need 

to be less than 500 feet away from the ClassA-UAS. 

Equivalent Level of Safety 

Compared to night operations with rotorcrafl \\Cighing far more than the maximum weights 

proposed herein, and given the lack of flammable fuel with the above noted UASs. any risk 

associated with these operations is far less than those which presently exist with conventional 

aircraft. An equivalent level of safety will be achieved given the size. weight. and speed of the 

ClassA-UASs, as well as the controlled location where the operations will occur. In order to 

avoid any risk to manned aircraft. flight operations will be restricted to 400 feet AGL or belo\\. 

or when inspecting a U.S. structure whose height exceeds 400 feet AGL. within 100 feet above 

the highest point on that structure and 50 feet horizontally of the structure. 

As set forth in the Operations Manuals. the Class..\-UAS \\ill be operated in a restricted area, and 

all nights \\ill be operated at a lateral distance of at least 500 feet from any nonpanicipating 

persons, unless that person is in a position where he or she is shielded from the ClassA-UAS and 

an) possible debris resulting from its failure. As required by the Operations Manuals, flights ''ill 

be terminated if a nonparticipating person within 500 feet of the ClassA-UAS lea,·es a shielded 

position. Further, its operations will occur at least 500 feet away from vehicles or structures 

unless the property owner/controller timely has gmnted permission and the PIC has made a 

safety assessment of the risk of operating closer to those objects and, operations ncar the PIC or 

Observer will not present an undue ha7.ard per§ 91. 119{a). Adherence to these restrictions in 

Class A's Operations Manuals will ensure operations can be conducted without compromising 

" Relief from § 9t.ll9(a) ,.;n not be necessary because Pe!itioner will be able to perform ao emergency landing 

"ithoUI undue hazard to persons or propel1) on the ground in the e•ent of a fuilure. Petitioner's proposed UAS 

opcrntions will not oc~ur over congested areas. and therefore an exemption from§ 9l. l t9(b) will nOt be necessary. 

See e.g., Grant of Exemption No. 11157 to S1ugwettr, Inc .. dba Like on a tree Aerial (FAA-2014-0534 at 15). 
U.S Depanment of Transportation 

December 31. 2015 

Page 18 

public safet). 16 

K. 14 C.F.R. § 91.Ul: Altimeter ettings 

Class A seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft tO maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the depanure airpon or barometric pressure. An exemption is required to the extent 

that the UASs do not have a barometric altimeter, but rather a GPS altitude read out. 

Equivalent Level of Safety 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 

can be achieved in circumstances where: (I) the UASs will be operated belo\\ 400 feet AGL or 

below". (2) \\ithin VLOS. (3) where GPS based altitude information is relayed in real time to the 

operator at a ground-based on-screen displa) and. (4) where prior to each flight. a zero altitude 

initiation point is established for the PIC to confirm accuracy of the on board GPS.11 

The ClassA-UAS that Class A intends to use for the proposed operations will meet all these 

operational characteristics. Moreover. as required by Class A's Operations Manuals. the PIC ,,;11 

be required to calibrate the aircraft's G PS compass prior to each flight operation. Like prior FAA 

Section 333 Grants of Exemption. the ClassA-UAS Class A intends to use, and the safety 

mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level 

of safery or greater level will be achieved. and a Grant of Exemption to the requirements of§ 

191.121 is therefore appropriate. 

L. 14 C.F.R. § 91.15l(a): Fuel Requirements for Flight in VFR Conditions 

Class A requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR 

conditions. Section 91.151 states: 

(a) 'o person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel tony to the 

first point of intended landing and, assuming normal cruising speed -

t

6 See e.g., Gmm of Exemption No. 11138 to Douglns Trudeau (FAA-2014-048 1 at 19): "if barriers or structures are 

present that can suOicieotly protect nonpanicipating persons from the UA or debris in the event of an accident, then 

the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that 

nonpanicipoting persons remain under such protection. If a situation arises where nonpanicipoting persons leave 

such protection and are within 500 feet of the UA. night opemtions must cease immroiately. When considering how 

to immediately cease operations. the primary concern is the safety of those nonpanicipatiog persons. In addition, the 

FAA finds that operations ma> be conductro closer than 500 feet to vessels. •chicles aod suuctures \\hen the 

o"ner controller of &n)' such vessels, '"'bides or strUCtum gants pennission for the opmilion and the PIC males a 

safe!} assessment of the risk of operating closer to those objtcts and detrnnines that it does 001 ~nt an undue 

hll1.llrd .• 

17 If the height of the structure being inspected e"ceeds 400 feet AGL, the UAS "ill 001 be operated more than 100 

feet abo•e the highest point on the structure. 

tS See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-20 14-0352 at 21). 
U.S Department ofTransponation 

December 31, 20 I 5 

Page 19 

(I) 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. 

Here. the technological limitations on UAS bauery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minute battery reserve. An exemption 

from the fuel requirements of 14 C.F.R. § 91. 151 (a) is therefore required. Moreover, it is not 

Class A's intention to fly the ClassA-UASs at night. 

Equivalent Level of Safety 

In the Grant of Exemption to VDOS (Exemption 'o. 11112). the FAA determined that an 

equivalent le\·el of safety to the fuel requirements for flight in VFR conditions could be achieved 

by prohibiting the PIC from beginning a ClassA-UAS flight unless (considering v.ind and 

forecast weather conditions) there was enough pQ\'-"Cr to fl) to the first intended point of landing 

and, assuming normal cruising speed. to fly after that for at least I 0 minutes. In reaching this 

conclusion, the FAA considered that the UAS ba11eries for the ClassA-UAS provide 

approximately SO minutes of powered flight (with payload) and provided battery level and 

battery time remaining in minutes and seconds to the PIC.19 The FAA also considered the fact the 

ClassA-UAS operating manual states: "stan every flight with a fully charged bauery in the aerial 

vehicle'', and that in the event that the ClassA-UAS should run low on power, the PIC will be 

alencd and can safely land the- ClassA-UAS as soon as possible. Like the VDOS Grant of 

Exemption, Class A's use of the ClassA-UAS, combined with the requirements of Petitioner's 

Operations Manuals. ensure that an equivalent level of safety can be achieved and in fact 

exceeded. 

Similarly. in the Grant of Exemption to Alan Purwin (Exemption ~o. 11161 ). the FAA 

determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions 

could be achieved by prohibiting the PIC from beginning a flight \vith the UA unless 

(considering wind and forecast weather conditions), there was enough po''er to safely fly at 

normal cruising speed tO the intended landing point and land the UA with 25% bauery power 

remaining. Class A will adhere to this limitation for its ClassA-UAS flights. 

The ClassA-UAS includes a low battery warning system and the amount of battery reserve 

power remaining is continuously transmitted to the PIC via telemetric data feed, which 

downlinks from the ClassA-UAS to a ground-based-on-screen display.20 As required by Class 

A's Operations Manuals, the PIC will promptly fly the ClassA-UAS back to the home launch 

location or pre-determined abort location where it may safely land, while still maintaining a 

minimum of25% reserve battery power. Class A submits that the procedures requiring flights to 

be safely terminated once the batteries fall belov. 25% capacity, combined with the requirement 

that flights only be conducted "ithin a secure. isolated area. using a UAS weighing less than 55 

19. Gran1 oflxemption No. 1111210 VDOS Global, LLC (FAA-2014-0382 at 10). 

20. The ClassA-UAS ground eon1r0l swion displays, the UASs position. navigation route. Jail number. ahitude, 

heading. nonh -king arrow. range to ~argets. calculated 1arge1 posilion, datMime. and sensor heading and 

orientation relalive to 1he UAS. 
U.S Depanment of Transportation 

December 31. 2015 

Page 20 

pounds, and within VLOS of the PIC and ObserYer(s), ensure thai the proposed operation will 

provide an equivalent or higher level of safety to the public to that provided by the regulations 

from which exemption is sought. 

VI. DRUG AND ALCOHOL PROGRAM 

Class A ,,;ll have policies in place 10 ensure that no person may participate in ClassA-UASs 

flig)u operations if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST 

The public interest will be served by granting Class A's Petition for Exemption. Congress has 

established a national policy that favors early integration ofUAS into the NAS in controlled, safe 

working environments such as those proposed in this Petition. Granting this Petition for 

Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform 

Act-the FAA Administrator's assessment of\\hether certain UAS ma} operate safely in the 

AS before completion of the statutorily required rule making. 

The proposed ClassA-UAS operations in this Petition for Exemption significantly improves the 

safety and reduces risk of harm, physical injury and property damage to the public at large, the 

property owners from whom penuission was granted for use by Petitioner and abutting 

properties. staff of Petitioner, unsuspecting passersby, inspecting engineers from relevant 

organizations and all those who may be in the local vicinity. Traditional methods of inspecting 

and monitoring potential locations and relevant sites and facilities requires location personnel to 

climb towers. trees. venture onto precarious roofs and other dangerous scenarios, perform 

elevated work for "hich the individual is neither trained nor equipped to perform, which 

exposes tbem to unnecessary risk of serious ph:rsical injury from dangerous falls or other 

physical mishaps. Moreo' er, inspectors/surve:rors are often unnecessarily exposed to hazardous 

conditions. unsafe environments, culturally tense situations and other hazards associated with 

identifYing specific locations for potential recording sites to be used in the end product. The use 

of small UASs can eliminate these hazards and ultimately create a much safer method of 

performing these types of inspections creating a safer environment for the public as well as Class 

A employees. 

The use of small UAS also enhances safety and reduces risk to tbe surrounding public because. 

unlike manned aircraft \\eighing thousands of pounds, CIUT)ing crew in addition to flammable 

fuel, the UAS carry no passengers. crew or explosive fuel. Furthermore. in the unlikely event of 

an accident, Class A's small bancry powered ClassA-UAS presents significantly less danger to 

persons on the ground when compared to operations by conventional manned aircraft.

21 As 

Petitioner's ClassA-UAS are battery powered. the public will also benefit from a reduction in 

21 See Grant of Exemption No. tit 58 to Twn 5. LLC (FAA-2014.{)783 ru 12): "Manned helicopters conducting 

aerial filming can \\tigh 6.000 pounds or more and are operated b) an ooboard pilot. in addition 10 Olher onboard 

cre"members. as ntteSsat). The petilioner·s UAS \\ill "eigh less !han 55 pounds "ilh no onboard pilol or ere". 

The pil01 and.,_. will be remo1el) located from the aircraft. The limited weigh! signiJ'Jcanll) reduces llle potential 

for hann 10 participating and nonpaniciparing individuals or propen) in !be evem of an incident or accidenL Risk to 

an onboard pilo1 and crew during an inc idem or accident is eliminated witllllle use of a UA for the aerial filming 

operation." 
U.S Depanment of Transportation 

December 31. 2015 

Page 21 

hann f ul petroleum based emissions associated \\ith conventional aircraft perfonning in the same 

functions proposed herein. Air quality will narurall) be improved \\ith the reduction of fuel 

powered vehicles. 

Lastly. as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UASs 

provide an additional economic tool for the aerial filming notwithstanding the industry, adding a 

greater degree of flexibility. which supplements the current capabilities offered by manned 

aircraft.22 The quality of the finished product is enhanced and provides a greater fin ished product 

demand which will aid the current UAS industry and provide additional jobs as the cost of 

providing the needed product is greatly reduced while reducing the difficulty with which the 

finished product is created. The demand for the current industrial product is increasing and will 

continue to increase given the enhanced flexibility of production: therefore. given the lower cost. 

owncr'operators and others in the relevant industry ";11 be more inclined to utilize the services of 

commercial UAS along with an appropriate licensed PIC's. 

VIII. PRIVACY 

All ClassA-UAS operations will be conducted in accordance \vith applicable federal. state, and 

local laws regarding privacy. AIJ operations shall be conducted over private or controlled-access 

property \vith permission from the land owner/controller or authorized representative. Pennission 

from land owner/controller or authorized representative will be obtained for each night to be 

conducted. 

IX. FEDERAL REGISTER SUMMARY 

Pursuant to 14 C.F.R. Part II. the following summary is provided for publication in the 

FEDERAL REGISTER. should it be determined that publication is needed: Petitioner seeks an 

exemption from the follo\\ing rules in Title 14 of the Code of Federal Regulations: 

Part 21. Subpart H; Part 27; 45.23(b): 45.27(a); 61. 113; 91.7(a): 91.9(b)(2): 91.9(c); 

91.103; 91.109(a); 91.119(c); 9l.l21: 91.15l(a): 91.203 (a) & (b); 91.405(a); 91.407(a)(l); 

91.409(aXI) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general 

public, property owners and city structures from the substantial hazards associated with 

performing equivalent film work and aerial video production \vith conventional fixed-wing 

aircraft. rotorcraft. or other methods. 

X. CONCLUSION 

Class A's Petition for E.'<emption satisfies the criteria articulated in Section 333 of the Refonn 

Act of2012 which includes weight: speed; operat:ng capabilities: proximity to airports and 

populated areas; operation \\ithin VLOS and national security. The proposed ClassA-UAS 

operations will benefit the public as a whole by improving safety and reducing risk by alleviating 

22 See e.g., Grant of Exemption No. 11178 to Picture Facto!)', Inc. (FAA-2014-0794 at 18). 
U.S Depanmem ofTransportation 

December 31, 20 IS 

Page22 

human exposure to danger while lowering the anendant related costs thereby increasing the 

demand for the fmished product. In consideration of the foregoing. this Petition for Exemption 

pro,idcs the FAA \\ith more than adequate justification for granting the requested exemptions 

aliO\\ing Class A 10 use small ClassA-UAS sin the recorded production of its product. 

We thank you for your prompt consideration of our requested exemptions. 

Respectfully Submitted, 

,d / a:rCiass A Roofing Consultants 

6020 SE 34111 A\e. 

Ponland. OR 97202 

Phone: 503.896.7727: Email: jeremytunney@;gmail.com 

(The following anached items contain proprietary and commercial information exempt from 

disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a 

separate file pursuant to 14 C.F.R. § J1.3S(b)). 

Auachmems: 

I. General Operations Manual 

2. PIC Operating Manual 

3. Company Protocols 

4. Location Protocols 

5. Flight Communications Protocols 

6. Depaning Location Protocols 

7. Transmitter Protocols 

8. Preflight Checklist 

9. Post Flight Checklist 

I 0. Equipment Checklist 

II. UAS Manufacturer's Manuals 

a. User Manuals 

b. UAS Maintenance Manuals 

PETITIONER REQUESTS THAT GOOD CAUSE EXISTS TO EXEMPT ANY PART OF 

THIS PETITION FROM BEING PUBLISHED IN THE FEDERAL REGISTER PUBLIC 

FORUM BECAUSE THE REQUESTED EXE~ION WOULD NOT SET A 

PRECEDENT, AND ANY DELAY IN ACTING ON TIDS PETITION WOULD BE 

DETRIMENTAL TO THE PETITIONER.