## Equity Building

Inspection

Residential Homes | Commercial Properties | Mold Testing | Infrared Investigations

310

- 540

- 0200 www.equityinspection.com 2390 Crenshaw Blvd. Ste 404 Torrance, CA 90501 Michael Boeger Certified ASHI, CREIA Inspector

U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Avenue, SE., Washington, DC 20590

Re: Petition of Equity Building Inspection, for an Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Equity Building Inspection,. hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified be low, to allow commercial operation of small unmanned aircraft or ("UAS") for conducting a erial inspections and photography of structures and facilities as part of exterior build ing evaluations and real estate transactions. This petition is based on information outlined in t his Petition for Exemption, as well as the Phantom 3 Professional User Manual v1.2, Phantom 3 Professional Quick Start Guide v1.0, Phantom 3 Intelligent Flight Battery Safety Guideli nes v1.0, Phantom 3 Safety Guidelines and Disclaimer v1.0 (collectively "Manufacturer Man uals"), see Appendix B.

Equity Building Inspection began providing resident ial and commercial property inspections in 1991. In the greater Los Angeles market, we are a leading inspection firm with expertise in property inspections and litigation support. Our in spectors consists of highly credentialed professionals who are certified member of the Calif ornia Real Estate Inspection Association (CREIA) and the American Society of Home Inspectors (ASHI). I, Michael Boeger, also hold a Private Pilots License for Single Engine Lan d, which I have held since 1986 . I also have hundreds of hours flying UAS type quad co pters as a hobby. Equity Building Inspection seeks to utilize the lat est UAS technologies to provide higher level of efficiency and safer services for our clie nts. Property inspections performed by Equity Building Inspection typically involve the ph ysical inspection of outdoor structures for the assessment of current condition, damage and def ects. These inspections typically involve recording images to document existing conditions. D epending on the nature of the inspection, obtaining images of certain physical features, such as roofs, may not be feasible due todangerous conditions, limited access on the structu re, risk of damage to structures, or the

excessive height of the required viewing angle. The use of UAS-assisted photography and video will provide a practical means to perform property inspections that would be otherwis e unsafe to our inspectors and the general public. The safety to the inspector, our c lients, and the general public is of the upmost concern and is the main impetus for this req uest. The primary benefit of this technology would be to assist in the close, detailed aerial inspection and examination of building components. Inspection of steep-sloped roofs, multistory roofs, weathered roofs and tall chimneys for residential and commercial buildings are a few examples of where UAS-assisted photography woul d be of great benefit to our inspectors. The secondary benefit of this technology would be a erial photography and videography for real estate marketing, which is primarily available through manned fixed wing aircraft and helicopters. For small budget real estate companies and average homeowners the expense of such aerial photography and videography is cost pro hibitive. Only large companies and high end Realtors or luxury homeowners can afford to abs orb such expenses. Hence depriving non-luxury homeowners and lower budget Realtors fro m a valuable marketing tool. Manned aircraft pose a threat to the public through potent ial catastrophic crashes. UAS pose no such threat since size and lack of combustible fuel alle viates potential threats to the public.

THE UNMANNED AIRCRAFTS (UA): • A lightweight (2.82 lbs. gross weight with all on -board equipment), battery operated 4- motor rotorcraft in the form of a quadcopter that t akes off and lands vertically, manufactured by DJI, Phantom 3 Professional which carries: • An on-board flight computer with GPS navigation a nd location ability that receives signals for flight controls from a ground-based transmitter /controller as well as an iOS or Android mobile device application: • An on-board camera capable of capturing imagery i n the form of full color, 12 megapixel still photos and 4K video; • An on-board telemetry system that delivers flight data from the on-board flight computer to the on-board radio transmitter includin g altitude AGL, horizontal and vertical speed, compass direction of flight and dir ection back to its launch site;

• A 2.4 Ghz on-board radio transmitter that transmi ts live video from the on-boardcamera plus all the flight data from the telemetry system described above;

THE GROUND STATION-BASED PART OF THE SYSTEM: • A Pilot in Command (PIC) in operational control o f a flight operation from beginning to end and who controls the UA while in the air; • A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight; • A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto an iOS or An droid device for the PIC to view during flight; • A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UA while in flight. The requested exemption would support an applicatio n for a commercial Certificate of Authorization to use the above described UAS to sup port aerial photography and video primarily of real property. The UAS will be operate d in the field with both a PIC and a VO in accordance with FAA Policy N 8900.227 Section 14 "O perational Requirements for UAS" and with the following Restrictions: a. No flight will be made with a UA Gross weight ex ceeding 55 pounds; b. All operations must occur in FAA Class G airspac e at no more than 400 ft AGL, at an airspeed of no more than 25 knots; c. All operations must utilize a visual observer (V O). The VO and PIC must be able to communicate by voice at all times during a flight o peration; d. Operations will be restricted to flights over pr ivate property with the permission of the property owner; e. The UAS will not be operated over densely popula ted areas; f. The UAS System will not be operated at air shows ; g. The UAS will not be operated over any open-air a ssembly of people; h. The UAS will not be operated over heavily traffi cked roads; i. The UAS will not be operated within 5 NM of an a irport or heliport;j. Operations will be restricted to day only and we ather conditions equivalent to VFR;

k. The PIC will brief the VO and property owner abo ut the operation and risk before the first flight at each new location; l. No flight may be made without a Pre-Flight Inspe ction by the PIC before each operation to ascertain that the UAS is in a condition safe for f light (see Appendix A). We submit that the combination of the UA's light we ight, flight performance and ability and strict operation under the guidelines established i n 8900.227, and under all of the Restrictions (a) through (l) listed above, the FAA can have full confidence that the operation will have an equivalent or greater level of safety than manned a ircraft performing the same mission. The name and contact information of the applicant is: Equity Building Inspection Attn: Michael Boeger 2390 Crenshaw Blvd. Ste 404 Torrance, CA 90501 Tel: 310-540-0200

Email: inspmike@gmail.com

The regulations from which each exemption is reques ted are listed below. Each regulation is outlined in the attached Addendum with our proposed equivalent level of safety for each regulation: 14 CFR Part 21, Subpart H

14 C.F.R. Part 27 14 C.F.R. § 91.7(a) 14 C.F.R. § 91.9(b)(2) & 14 C.F.R. § 91.203(a) and (b) 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a) 14 C.F.R. § 91.103 14 C.F.R. § 91.119 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a)14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) a nd (2); 91.417(a) and (b)

14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61 .113 We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. Please contact us at an y time if you require additional information or clarification. We look forward to working with y our office. Sincerely,

Michael Boeger AAI, CCI Equity Building Inspection

See attached addendums.

Addendum – containing Exemption Requests and Equiva lent Level of Safety Appendix A – Flight Manual Appendix B – Manufactures Manuals

ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Equity Building Inspection requests an exemption fr om the following regulations as well as any additional regulations that may technically ap ply to the operation of the UAS: 14 CFR Part 21, Subpart H: Airworthiness Certificat es The FAA has stated that no exemption is needed from this section if a finding is made un der the Reform Act that the UAS selected provides an equivalent level of safety when compare d to aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014- 0352 at 13-14, 22. 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 req uested.14 C.F.R. Part 27 Airworthiness Standards: Normal C ategory Rotorcraft Title 14 C.F.R. Part

27 sets forth the procedural requirements for airwo rthiness certification of normal category rotorcraft. To the extent that EQUITY BUILDING INSP ECTION’s small UASs would otherwise require certification under Part 27, Peti tioner seeks an exemption from Part 27's airworthiness standards for the same reasons identi fied in the request for exemption from: 14 C.F.R. Part 21, Subpart H, supra. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness Equity Building Inspection seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be op erated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirem ents of Part 21 are waived or found inapplicable. See Docket No. FAA-2014-0352 at 13-14 , 22. Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in a ccordance with Section V(A), supra. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manua l in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certific ation and Registration Equity Building Inspection seeks exemption from 14 C.F.R. § 91.9(b)(2). Given the small size and configuration of the UAS, it would be imp ossible to keep airworthiness documents and other aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockpit. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircra ft Marking and Identification Requirements Equity Building Inspection 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, Marking and Placard requirements, provides that: No person may operate a U.S.-registe red civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapt er. 14 C.F.R. § 45.23(b), Markings of the Aircraft, sta tes: When marks include only the Roman capital letter "N" and the registration number is d isplayed on limited, restricted 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 oper ator of a rotorcraft must display on that

rotorcraft horizontally on both surfaces of the cab in, fuselage, boom, or tail the marks required by § 45.23. In a previous Grant of Exemption, the FAA determine d that exemption from these requirements was warranted provided that the aircra ft "have identification (N-Number) markings in accordance with 14 C.F.R Part 45, Subpa rt C if the markings are as large as practicable." FAA Docket No. FAA-2014-0352.

14 C.F.R. § 91.103: Preflight Action Equity Building Inspection seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information b efore each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA-approved Flight Manual is required. 14 C.F.R. § 91.119: Minimum Safe Altitudes Equity Building Inspection seeks an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes th e minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non-congested area s. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at les s 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 r outes or altitudes specifically prescribed for helicopters by the FAA." An exemption is required because the proposed UAS o perations will occur below 200 feet AGL. Additionally, due the nature of the proposed o perations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the UAS

. 14 C.F.R. § 91.121: Altimeter Settings Equity Building Inspection seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising a ltitude or flight level by reference to an altimeter that is set to the elevation of the depar ture airport or barometric pressure. An exemption is required to the extent that the UASs d o not have a barometric altimeter, but rather GPS altitude display. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR ConditionsEquity Building Inspection seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel

requirements for flight in VFR conditions. The technological limitations on UAS ba ttery power means that no meaningful flight operations can be conducted while still main taining a 30-minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Additional information: Individual Equity Building Inspection Flight missions will be limited 22 minutes or less. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) a nd (2); 91.417(a) and (b): Maintenance Inspections Equity Building Inspection seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91 .407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and insp ection 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 a s prescribed in part 43 of this chapter"). An exemption from these regulations is needed becau se Part 43 and these sections only apply to aircraft with an airworthiness certificate, whic h the UAS to be operated under this grant of exemption will not have. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61 .113: Private Pilot Privileges and Limitations. 61.113: subsections (a) and (b) prescribe the follo wing: a. No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property fo r compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft

. b. A private pilot may, for compensation or hire, a ct as PIC of an aircraft in connection with any business or employment if - 1. The flight is only incidental to that business o r employment; and 2. The aircraft does not carry passengers or property for compensation or hi re. Equity Building Inspection 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 will be operating, as well as requiring certifications if the private pilot is ca rrying passengers or cargo for hire. In this case, while the UASs will be operated as part of a commercial operation, it carries neitherpassengers nor cargo. In the Grant of Exemption to Astraeus Aerial17, the FAA determined

that the unique characteristics of UAS operation ou tside of controlled airspace did not warrant the addition cost and restrictions attenda nt with requiring a the PIC to have a Commercial Pilot Certificate and Class II Medical C ertificate. The fulfillment of the additional requirements for a private pilot to beco me qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved. However, as I do hold a private pilot license, the level of knowl edge and dedication to safety is indeed enhanced. APPENDIX A – FLIGHT MANUAL

FLIGHT RESTRICTIONS a. No flight will be made with a UA Gross weight ex ceeding 55 pounds; b. All operations must occur in FAA Class G airspac e at no more than 400 ft AGL, at an airspeed of no more than 25 knots; c. All operations must utilize a visual observer (V O). The VO and PIC must be able to communicate by voice at all times during a flight o peration; d. Operations will be restricted to flights over pr ivate property with the permission of the property owner; e. The UAS will not be operated over densely popula ted areas; f. The UAS System will not be operated at air shows ; g. The UAS will not be operated over any open-air a ssembly of people; h. The UAS will not be operated over heavily traffi cked roads; i. The UAS will not be operated within 5 NM of an a irport or heliport; j. Operations will be restricted to day only and we ather conditions equivalent to VFR; k. The PIC will brief the VO and property owner abo ut the operation and risk before the first flight at each new location; l. No flight may be made without a Pre-Flight Inspe ction by the PIC before each operation to ascertain that the UAS is in a condition safe for f light.PRE-FLIGHT CHECKLIST

1. Transmitter and UAS firmware is up to date; 2. Determine that UAS battery is fully charged in o rder to prevent unexpected premature descent; 3. Check all wiring connections and props are tight and locked; 4. Position transmitter antennae in the up position to maximize signal strength; 5. Check all propellers are undamaged and no cracks exist in any structural members of the UA; 6. Turn on radio controller, check for adequate vol tage, set it to connect to the UA, move all control switches to forward or down position and th rottle control stick full back position; 7. Connect UA main battery, check for radio contact with UA’s radio receiver; 8. At a location different from previous flight, re -set GPS and compass to current location; 9. Turn on transmitter, gimbal and camera; 10. Calibrate UA compass according to instructions outlined in user manual; 11. Adjust minimum automated return height for loca tion; 12. Insure that launch area is safe and clear of pe ople; 13. Warn bystanders of takeoff; 14. Hover at low altitude for 20 seconds, look and listen for problems; 15. Confirm expected stick operation while hovering ; 16. Always monitor battery power and signal strengt h; 17. Maintain line of sight operation with the UA at all times

APPENDIX B – MANUFACTURER MANUALS

Phantom 3 Professional User Manual v1.2http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Pr ofessional_User_Manual_v1.2_en. pdf Phantom 3 Professional Quick Start Guide v1.0http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Pr ofessional_Quick_Start_Guide_en. pdf Phantom 3 Intelligent Flight Battery Safety Guideli nes v1.0http://download.djiinnovations.com/downloads/phantom_3/en/Intelligent_ Flight_Battery_Safety_Guidelines_en. pdf Phantom 3 Safety Guidelines and Disclaimer v1.0http://download.djiinnovations.com/downloads/phantom_3/en/Safety_Guide lines_Disclaimer_en.pdf