T4Industry Incorporated

7723 Falcon Rest Circle Raleigh, NC 27615 September 8, 2015

U.S. Department of Transportation Docket Operations, M

- 30 1200 New Jersey Avenue, SE Room W12

- 140 West Building Ground Floor Washington, DC 20590

- 0001


# Petition for Exemption T4Industry Incorporated for an Exemption Pursuant to Section
333 of the FAA Modernization
and Reform Act of 2012 to Operate an Unmanned Aircraft System

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, T4Industry Incorporated hereby applies for an exemption from the Federal Aviation Regulations identified below to allow for the commercial operation of the 3DRobotics X9 or similarly qualified unmanned aircraft, manufactured by 3D Robot ics or other certified UAS meeting the criteria of “Operational Limitations” of this Part.



# REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

T4Industry Incorporated requests exemption from the following regulations:

• 14 C.F.R Part 21, Subpart H;

• 14 C.F.R P art 27;

• 14 C.F.R § 45.23(b);

• 14 C.F.R. § 45.27(a);

• 14 C.F.R § 61.113;• 14 C.F.R § 91.7(a);

• 14 C.F.R § 91.9(b ) ( 2);

• 14 C.F.R § 91.9(c);

• 14 C.F.R § 91.103;

• 14 C.F.R § 91.109(a);

• 14 C.F.R § 91.119;

• 14 C.F.R § 91.121;

• 14 C.F.R § 91.151(a) & (b)

• 14 C.F.R § 91.203 (a) & (b);

• 14 C.F.R § 91.405(a);

• 14 C.F.R § 91.407(a ) ( l);

• 14 C.F.R § 91.409(a ) ( 2);

• 14 C.F.R § 91.417 (a) & (b).



# AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. T he FAA Administrator is to permit operation of an unmanned aircraft system where it does not create a hazard to users of the national airspace system (NAS) or the p ublic or pose a threat to national security based on the following considerations:

• The size, weight, speed and operational capability;

• Operation in proximity to airports and populated areas; and

• Operation within visual line of sight of the operato r.

Furthermore, the Federal Aviation Act grants the FAA Administrator 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(f), 44701

- 44716, et seq. A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R.



# DESCRIPTION OF PROPOSED OPERATIONS

T4Industry Incorporated is requesting exemptions from applicable Federal Aviation Regulations (FARs) pursuant to Section 333 of the Reform Act to perform UAS activities using the 3Drobotics x9 or similarly qualified UAS . Key areas of focus for T4Industry’s efforts are ( I ) on call operation to support response personnel (ii) aerial activities to raise industrial and commercial efficiency and cost reduction in inspection, estimation and repair activities ; and (iii) enhanced visualization for commercial and recreational purposes

.

# Proposed Operations Demonstrate an Equivalent Level of Safety

1. General Description of Proposed Flight Operations T4Industry proposes to operate within the limitations a nd performance specifications prescribed by current regulation

. The activities are summarized here and discussed in deta il in the sections under exemption requests.

2. Unmanned aircraft systems

In order to minimize risk to the NAS or to per sons and property on the ground:

D esign and operational characteristics for the type(s) will be verified to conform to current CFR as

s

t a t ed in equivalen t level of safety section B

- E of this document. This will include aircraft markings, PIC qualifications, pre

- flight briefs to include a job hazard a nd flight activity review,
environm ental conditions

, and property boundaries as applicable to the flight path.

3. Unmanned aircraft Pilot in Charge ( PIC)

A s described in Section B , PIC qualifications will be detailed and verified current in accordance with current FAA regulation. Section F specifies altitude restrictions and limitation to be observed during activities and proximity to aviation locations/airport

.
4. Aircraft and Support Equipment Operation



# S PECIFIC FAR EXEMPTIONS REQUESTED

T4Industry Incorporated seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requ est ed operations . Listed below are

(1) The specific FAR sections for which exemption is sought, and

(2) The operating procedures and safeguards that T4Industry Incorporated has established which will ensure a level of safety equal to the rules from which exe mption is sought.

14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1) 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 level of safety w hen compared to aircraft normally used for the same application. As UAS technology and capability progresses, T4Industry will change with it within the limitations set forth for under applicable CFR requirements for UAS vehicles and will verify with the

su pplier that the UAS employed meets all required airworthiness directives

. 

## 14 C.F.R. Part 27 Airworthiness Standards:

A. Normal Category Rotorcraft 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rot orcraft. To the extent the selected would otherwise require certification under Part 27, T4Industry Incorporated seeks an exemption from Part 27’s airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H. C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and Identification Requirements 14 C.F.R. §45.23(b),

14 C.F.R. §45.23(b), M arkings of the Aircraft states the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft at directed locations and in directed dimensions an N
numbe r identifying this unique aircraft

.Equivalent Level of Safety: T4Industry Incorporated will mark all UAS with their N Number in a prominent spot on the fuselage with markings t hat are “as large as practicable” rather than the specifications set forth in 1 4 C.F.R. § 45.27(a) and 14 C.F.R. §45.23(b).

B. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations restricts private pilots from flying aircraft for compensation or hire and would also require a second class medical certificate.

T4Industry Incorpo rated seeks exemption from 14 CFR § 61.113, which as the UAS carries neither

passengers nor cargo. It also seeks exemption of previously granted operator/PIC requirements as proposed rule and:

Equivalent level of Safety: T4Industry will ensure its PIC or operator is fully qualified to operate

t he UAS selected for operations by

• review of operator knowledge of operating instructions provided by manufacturer/designer

• performing a preflight check of aircraft per applicable existing regulation

• C on duct a pre

- fli ght brief among participants in the flight including PIC/operator, line of sight operator and personnel engaged in activities directly related to completion of flight activities
as described in FR Doc No: 2015

- 03544 public guidance document . This defense in depth approach is used widely in industrial applications where personnel coordination and personnel risk factor highly in activity coordination.

Furthermore T4Industry will modify its PIC or operator qualifications and requirements to conform to the FAAs final ruling should any changes result. Current obligations will include possession of a recreational pilot ’ s license and successful passing of pilot physical

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness T4Industry Incorporated seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, T4Industry Incorporated requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 Subpart H. See Grant of Exemption No. 1 1062, p. 19.

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration Pursuant to 14 C.F.R. § 91.9(b)(2): (b) No person may operate a U.S.

- registered civil aircraft

- ... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. 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: (1) an appropriate and current airworthiness certificate... U.S. Departme nt of Transportation December 31, 2014 Page Twenty 20 sd

- 654307 (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed a t the cabin or cockpit entrance so that it is legible to

passengers or crew. T4Industry Incorporated does not request an exemption from this section but instead notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, registration certificate and other documentation will be kept at t he control station with the PIC/operator during flight.

14 C.F.R. § 91.103: Preflight Action T4Industry Incorporated seeks an exemption from 14 C.F.R. §
91.10 3, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA

- approved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on board. The PIC will take all act ions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight as described in Section C of this document requesting exemption from
Private Pilot Limitations. Under th ese circumstances, the FAA has stated tha t no exemption isrequired. See Grant of Exemption No. 11062, p. 20. An exemption is requested to the extent that
an FAA

- approved Flight Manual is required.

Equivalent Level of Safety: An equivalent level of safety will be provided by following the Manuals. The PIC will take all required preflight actions

- including performing all required checklists and reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas

- before initiation of flight. The Manuals will be kept at the ground station with the operator at all times.

E. 14 C.F.R. § 91.109(a): Flight Instruction T4Industry Incorporated seeks an exemption from 14 C.F.R. § 91.109(a), w hich provides that “[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.” UASs and remotely piloted aircraft, by their design, do not hav e functional dual controls. Instead, flight control is accomplished through the use of Flight Control System/Ground Control Station (GCS) that communicates with the aircraft via radio communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on the aircraft
and the GCS will be a safe distance from the aircr aft and the public, causing no hazard in the event that the aircraft experiences any difficulties during flight instruction. In addition, T4Industry Incorporated will conduct flight training at a remote facility away from population centers.

F. T4Industry Incorporated requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). Se ction 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Operational practices provide for operations away from congested populations areas on Sites, but in close proximity to indust rial or commercial

structures . The FAA has already determined that relief from Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight restrictions as those imposed by T4Industry Incorporated

. Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraf t. An equivalent level of safety will be achieved given the size, weight, and speed of the utilized UAS , as well as the locations where and how it is operated. In order to avoid any risk to aircraft, flight operations will be restricted to 500 feet AGL or below except as described in the following: . The
altitude of the a ircraft is monitored in real time by the PIC/Operator and/or visual observer on the ground

. Altitude e xemption will only be applied when operational activities requires its operation
in excess of Section 91.119(c ) elevations. T4Industtry PIC and coordination personnel will conduct, as part of preflight checks, activities necessary to ensure preflight plans include a flight path
where operation in excess of the standard in min imized and identification of nearby airports. Given the scope of expected opera tions, operation in proximity to the current airport requirements
distance will not be achieved.

G. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

E quivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated

with at least 10 % reserve battery power still available. Automatic return to launch will be

enabled to avoid adverse issues associated with loss of battery power

.

H. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

Requirements contained in 14 C.F.R. § 91.405(a), 91.407(a ) ( l), 91.409(a ) ( 2); 91.41 7(a) and (b ) specify maintenance and inspection s tandards in reference to 14 C.F.R. Part 43. An exemptionfrom these regulations is requested as Part 43 and these sections only apply to aircraft with an
airworthiness certificate, which the UAS will not have.

Equivalent Level of Safety: An equivalent lev el of safety will be achieved because maintenance and inspections will be performed in accordance with pre

- flights checks specified by the manufacturer and carried out as part of a formal checklist

. 

## PUBLIC INTEREST
Granting T4Industry’s exemption furthe rs the public interest. National policy set by Congress favors early integration of UAS into the NAS in contro lled, safe working environments

. It will also enhance the detail and methodology of recreational areas such as golf courses and boating

venues, cr eating an even more eye appealing atmosphere to increase sales and economic

benefit. By granting this petition, the FAA will fulfill Congress’s intent of allowing UAS to operate safely in the NAS before completion of the rulemaking required under Section 3 32 of

the Reform Act.



## SU MMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: T4Industry Incorporated seeks an exemption from the following rules for the commercial operation of a small unmanned aerial system to inspect wind turbine blades and towers for the renewable energy industry: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a) ; 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b). The exemption will enhance commercial and industrial capabilities and efficiency, and enhance the viewer experience in the areas

of recreation

.

Respectfully submitted,

Sco tt Loose

President, T4Industry Incorporated