1 UNITED STATES OF AMERICA DEPARTMENT

OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Reg. Docket No. ________________

In the Matter of Pe tition for Exemption of:

Adam J Dorn, P.E.

(Sole Proprietor)

For an Exemption from the requirements of the Code of Federal Regulations Sections Concerning Operation of an Unmanned Aircraft System

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

Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. Part 27; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103; 91.109(a) ; 91.121; 91.119 91.151(a); 91.203(a)&(b); 91.405( a)(1); 91.407(a)(1); 91.409(a)(1) (2); 91.417(a)&(b); 91.9(c)2 

### C ONTENTS

I. PETITIONER’S DESCRIPTION

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II. PROPOSED OPERATIONS

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III. RELEVANT AUTHORITY TO PETITIONER’S EXEMPTION REQUEST

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IV. PUBLIC INTEREST

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V. QUALIFICATIONS FOR APPROVAL UNDER SECTION 333 Of THE REFORM ACT

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VI. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

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VII. PRIVACY

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VIII. FEDERAL REGISTER SUMMARY

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IX. CONCLUSION

...................................................................................................................... 223 Pursuant to Section 333 of the FAA Mode rnization and Reform Act of 2012 (“Reform Act”) 1 and 14 C.F.R. 11, Adam J. Dorn, P.E. (“Pe titioner”) hereby applies for an exemption from Federal Aviation Regulations (“FARs”) identified below, to allow commercial operation of small ultralight weight unmanned aerial vehicles (i.e. small unmanned ai rcraft systems or “UAS”) in airspace regulated by the Federal Aviation Administration (“FAA”).

This exemption is in accordance with protocol s outlined in this petition for exemption, the enclosed UAS Flight Operations, Main tenance, & Safety Manual (“Manual”) 2 , the UAS manufacturers operations and maintenance manual(s) ( Phantom 2 Vision User Manual V1.04
, Inspire 1 User Manual V1.0
, DJI Spreading Wings S900 User Manual V1.2 ), and any other requirements established by the FAA pursuan t to Section 333 of the Reform Act.

I. P ETITIONER ’ S D ESCRIPTION

Petitioner is a multi-state Licensed Professional Engineer (P.E.) located near Syracuse, NY that has provided various Environmental, Struct ural, Civil, Power Deliver y, Process Engineering, Inspection & Commissioning services to Civilian, Government and large Public Utility customers for approximately 10-years. Additi onally, the Petitioner is experien ced in flying mid to upper level hobby grade multi-rotor-copters for recreation purposes.
The Petitioner’s UAS operational and mainte nance experience, in addition to the Petitioner’s Professional Engineer ing Practice makes for a natural, and seamless, transition into the environmental, construction, and infrastructu re inspection market employing UAS’s to provide an economic advantage, and offer a viable, a lternative solution where circumstances prevent
conventional data collection. Al ong with the Petitioner’s educa tion, experience, and professional licensure, the Petitioner demonstr ates an intimate knowledge of design, traditiona l inspection techniques, and safety regulations associated environmental, cons truction, utility, stormwater, and infrastructure inspection programs. The Petitio ner’s experience and professional licensure will
ensure that all associated risk s to the public and personal/public property shall be minimized while conducting relatively simple, low altitude (norma lly less than 300ft AGL), short duration flights for inspection purposes.

1 Codified at 49 U.S.C. § 40101, as amended by Pub. L. 112-95 Feb. 14, 2012, 126 Stat. 11. 2 Petitioner submits this manual as a confidential document unde r 14 C.F.R. § 11.35(b), as the entire Manual contains confidential commercial and proprietary information the Petitioner has not and will not share with others. The Manual contains operating conditions and procedures that are not available to th e public and are protected from release under the Freedom of Information Act 5 U.S.C. § 552.4 Consistent with the requirements of 14 C.F.R. § 11.81(a), Peti tioner provides the following information in support of its petition of exemption:

The Name and Address of the Petitioner is:

Adam J Dorn, P.E. Professional Engineer 281 Grannis Rd Constantia, NY 13044 Phone: 315-525-3806 Email: AdamJDorn@Gmail.com

II. P ROPOSED O PERATIONS

The Petitioner intends to use the UAS’s to support a nd perform environmental, construction, utility, stormwater management, and general engineer ing inspections in the greater central/upstate, NY area with high definition vide o and still imagery documentation for client & agency regulation(s) compliance throughout various construction project life cycles. Not only will the Petitioner’s aerial videography/cinematogra phy serve to assist in the documentation of construction progress, asset invent ory/inspection and regulation complia nce, but will also serve to promote community and academic awareness to thos e individuals and/or companies interested in further understanding the engineerin g and scientific principals a ssociated with such design and inspection techniques. All data, aerial imagery, and video shall be made available to local academic institutions, and libraries for research and teaching purposes, as allowed by law.
The Petitioner has operated RC electric hobby grade UAV’s without incident. The Petitioner is committed to safety on each flight no matter how shor t in duration, or how minor the perceived risk level may be. Please refer to Appendix A – “ Adam J Dorn, P.E. UAS Flight Operations, Maintenance, & Safety Manual ” for complete operations and safety details. The Petitioner’s exemption permits the operation of rela tively inexpensive and u ltralight weight UAS’s in controlled and limited airspa ce predefined in areas away fr om the general public, airports, heliports, and vehicular traffic for the inspection/ engineering operations me ntioned above. Insofar as UAS operations are relatively new, Petitione r has invested in following current events surrounding the evolution of UAS re gulations in an effort to imp rove personal operational safety and promote a properly regulated UAS industry. Currently, similar lightweight RC UAS’s are being illegally operated by unmonitored “hobbyists” with relatively low levels of experience or
education. In addition to their lack of basi c education and experien ce requirements, these5 individuals are, largely, devoid of any formal safety protocols, operational controls, or risk mitigation systems to prevent loss of life or property. The Petitioner has incorporated safety protocols and standards to preven t and avoid public, and personal h azard, maintain safe and proper flight operations, and to avoid ma nned aircraft operations. The Petitioner’s self-imposed safety protocols and standards shall serve to further develop safety protocol s mandated by the FAA as they pertain to UAS safety and operations. In addition, the Petitioner sh all record any and all flight data and other pertinent information gained through permitte d UAS flight operations and is willing to share with the FAA via required reporti ng avenues to assist and promote future FAA UAS regulation(s) development.
At current juncture, the petiti oner has added, or intends to use three models/types of quadcopters for commercial use following exemption and approval from the FAA. These following UAS’s intended to be used by the petitioner are as follows:

 D.J.I. Phantom Vision 2 3

 D.J.I. Inspire 1 4

 DJI Spreading Wings S900 5

The enclosed “Manual” describes, in detail, the policies and safety procedures for the Petitioner’s proposed UAS operati ons. To assist the FAA in its safety assessment of the Petitioner’s proposed UAS operations, below is a summary of the operat ional limitations and
conditions which the Petitioner intends to ensure an equivalent or higher level of safety to operations conducted under curr ent regulatory guidelines:

 The UAV weighs less than 20 pounds including payload.

 Flights will be operated within line-of-sight of Operator and obs erver during daylight hours only.

 Maximum total flight time for each operationa l flight will be 30 minutes. Flights will be terminated at 25% battery power reserve shoul d that occur prior to the 30 minute limit.

 Flights will be operated at an altitude of no more than 400 feet above ground level (typically no greater than 300ft AGL sha ll be required).

 Minimum crew for each operation will consist of the UAS Operator, and observer/spotter.

 The UAS will only operate within a confined “S pecified Inspection Area” as defined in the Manual.

 A briefing will be conducted in regard to th e planned UAS operations prior to each day’s activities. It will be mandatory that all pers onnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

3 Appendix B – D.J.I. Phantom 2 Vision – User Manual V1.04 4 Appendix C – D.J.I. Inspire 1 – User Manual V1.0 5 Appendix D – D.J.I. Spreadin g Wings S900 Unser Manual V1.26  Operator and Observer will be trained in th e operation of UAS and will have received upto date information on the particular UAS to be operated, as required in the Manual.

 Observer and Operator will at all times be able to communicate by voice and text

.
 Any and all required permission and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fi re, or other appropriate governmental agencies and persons.

 The UAS Operator shall have the capability to abor t a flight in case of unpredicted obstacles or emergencies.

 The UAS shall only be operated in optimal weather conditions.7 III. R ELEVANT A UTHORITY TO P ETITIONER ’ S E XEMPTION R EQUEST

This petition for exemption is submitted to advance Congress’ goal of integrating UAS’s safely into the NAS. In the Reform Act, Congress directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems in the national airspace system,” and, under Section 333 of that law, directed the Secretary of Transportation (“FAA Administrator”) to consider whether certain unmanned aircraft systems may operate safely in the National Airspace System before completion of the rule making required under Section 332 of the Reform Act 6

.
Granting my, Adam J Dorn, P.E.’s, reque st comports with the Secretary of Transportation’s (FAA Administrato r’s) responsibilities and author ity to not only integrate UAS's into the national airspace system, but to “...estab lish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Sect ion 333(c) of the Reform Act specific to the use of UAS's for engineering rela ted commercial applications and inspections. Further I, Adam J Dorn, P.E., shall conduct my operations in compliance with the protocols
described herein or as otherw ise established by the FAA.

The FAA Administrator has ge neral authority to grant exemptions from FAA safety regulations and minimum standard s when the Administrator decide s a requested exemption is in the public interest 7 . 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 8 Therefore, the Petitioner will demonstrate how implementing the proposed UAS’s for environmental, engineering and infrastructure inspection will benefit the public and that the proposed operation will not adversely affect safety of the public and to those operating in the NAS.

6 Reform Act, supra note 1.
7 See 49 U.S.C. § 44701(f) (authorizing the grant of ex emptions from a requ irement of regulations prescribed pursuant to section

44701 (a) - (b) and sections 44702-44716) 8 See 14 C.F.R. § 11.81; FAA, Petition for Exemptions.8 IV. Public Interest

For the reasons stated in this petition I, Adam J Dorn, P.E., respectfully request the grant of an exemption allowing operations of light weig ht, remote controlled UAS’s for the operations listed in Section II of this petition; all of which will promote environmental regulatory compliance, thus a greater protection of the envi ronment, safer construction sites, and a more economical, and efficient means to inspect critical infrastructure while providing real-time data and engineering analysis to alleviate or elim inate potentially hazardous circumstance generally associated with manned inspecti on operations, among other things.
First, granting the Petitioner’s exemption he lps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act, namely, the FAA Administrator's assessment of whether certain UAS may operate safely in the National Ai rspace System before completion of the rule making required under Section 332 of the Reform Act.

Further, the Petitioner’s propos ed operation significantly impr oves safety and reduces risk concerning infrastructure inspec tion by alleviating human exposur e to dangers associated with current manned aerial survey and inspection methods. Manned helicopters performing utilitypower lines, generation facilities, general mainte nance inspections and patrols have experienced an exceedingly high number of accidents and fatalities. Th e use of UAS’s for these type inspections shall dramatically redu ce fatalities, and property loss.

Next, the Petitioner’s proposed operation(s) significantly improves documentation and regulatory compliance for environmental, stormwat er, and construction site safety concerns by providing a low risk, high benefit means to permanently document progress, compliance, and potential, regulatory infractions a nd deviations from regulatory agency decrees. This shall allow project owners, the general public, and any affiliated regulatory agency to quickly and effectively remedy violations with reduced impact to public waterways, property, an d to the general public.

Additionally, the Petitio ner's UASs are battery powered and create no toxic or carbon
emissions. In the event that Petitioner's UAS crashe s; there is no fuel to ignite and explode causing additional public safety hazard(s) . Any impact of Petitioner's li ghtweight UASs is far less than a full size helicopter, or small s cale gas powered helicopters. The pub lic's interest is furthered by minimizing ecological impact of an accident a nd by reducing human exposure to potentially
harmful emissions associated with manned aircraft.

Finally, aerial surveys are valuable tools for utility and power generation facility9 inspections. However, concerns with safety, cost efficiency to public, a nd logistics continue to impede aerial surveys and inspections from conventional manned aircraft. The use of UASs addresses these problems exists as a powerful to ol for performing a wide -range of u tility-power generation, and general engineeri ng inspection and patrol applica tions. The public as a whole will
benefit from safer and more cost-effective aer ial services that UAS’s operations provide.

V. Qualifications for Approval Under Section 333 of The Reform Act

A. The Petitioner’s Proposed Usage Does not C reate a Hazard to Us ers of the NAS or the Public Because of the Reduced Size, Weight, Speed, and Operational Capability of the UAS.

The proposed operations in th is petition for exemption qua lify for expedited approval
under Section 333 of the Reform Act. Each of th e statutory criter ia and other potential relevant
factors are satisfied.

The proposed operations would permit use of small and relatively inexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access, and; (4) would pose an increased level of safety beyond what exists when climbers/manned crews are asked to inspect infrastructure.

Petitioner’s UAS is a rotorcraft aircraft, weighing less th an 20 pounds, including payload. It operates, under normal weather conditions, at a speed of no more than 30 knots and has the capability to hover, and move in vertical an d horizontal planes simultaneously under fully
stabilized GPS control.

Petitioner’s UAS will operate in line-of-sight and only in a Specified Inspection Area as described in the Proposed Operations section (S ection II) outlined here and in the Petitioner’s Manual. Such operations will insure that the UAS will “not create a hazard to users of the National Airspace System or the public.” 9

Given the small size of the UAS’s involved an d the restricted environment within which they will operate; this petition for exemption falls squarely within that zone of safety in which Congress envisioned that the FAA must, by exemp tion, allow commercial ope rations of UASs to commence immediately.10 VI. R EGULATIONS F ROM W HICH E XEMPTION IS R EQUESTED

The Federal Aviation Act expressly grants th e FAA Administrator the authority to issue exemptions. By its terms, this statutory authority includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety regulations and minimum
standards when the Administrator decides a re quested exemption is in the public interest. 10

The Petitioner asks an exemption from several in terrelated provisions of 14 C.F.R. Parts 21, 45 and 91 for purposes of conducting aerial surveys and inspections using UASs. Listed below are:

 The specific sections of 14 C.F.R. for which exemption is sought; and

 The operating procedures and safeguards that Pe titioner has establishe d which will ensure a level of safety equal to or more stringe nt than the rules from which exemption is sought. 11

The Specific Sections of Title 14 of the Code of Federal Aviation Regulations from Which Adam J Dorn, P.E. Requests Exemption are:

A. 14 C.F.R. Part 21, Subpart H - Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1).
B. 14 C.F.R. Part 27: Airworthiness Sta ndards: Normal Category Rotorcraft.
C. Aircraft Marking and Identif ication Requirements: 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).
D. 14 C.F.R. § 61.113 (a) and (b): Private Pilo t Privileges and Limitations: Pilot in Command.
E. 14 C.F.R. § 91.9(B)(2): Civil Aircraft Flight Manual in the Aircraft.
F. 14 C.F.R. § 91.7(a): Civil Ai rcraft Airworthiness.
G. 14 C.F.R. § 91.103: Preflight Action.
H. 14 C.F.R. § 91.109(a): Flight Instruction.
I. 14 C.F.R. § 91.119: Minimum Safe Altitudes.
J. 14 C.F.R. § 91.121: Altimeter Settings.
K. 14 C.F.R. § 91.151(a): Fuel Requirement s for Flight in VFR Conditions
L. 14 C.F.R. § 91.203(a) and (b): Carrying Civilian Aircraft Certification and Registration.

9 See 14 C.F.R. § 11.81(e) which requires a petition for exemption to include: “the reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a leve l of safety at least equal to that provided by the rule from which you seek exemption.” 10 See 49 U.S.C. § 44701(f) authorizing the grant of exemptions from require ments of regulations prescribed pursuant to §§ 44710(a) and (b), §§ 44702 – 44716. 11 See 14 C.F.R. § 11.81(e) which requires a petition for exemption to include: “the reasons why granting the exemption would not adversely affect safety, or how the exempti on would provide a level of safety at leas t equal to that provided by the rule from which you seek exemption.”11 M. 14 C.F.R. §§ 91.405(a)(1); 91.407(a)(1); 91.409(a )(1); 91.417(a) and (b): Maintenance Inspections

A. 14 C.F.R. Part 21, Subpart H - Airworth iness Certificates and 14 C.F.R. § 91.203(a)(1).

The Petitioner seeks an exemption from 14 C. F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R § 91.203(a)(1). Given the size and li mited operating area associated with the UAS to be utilized by the Petitioner, an exemption from Part 21, Subpart H meets the requirements of an equivalent level of safety under Part 11 and Sec tion 333 of the Reform Act.

The Federal Aviation Act 12 and Section 333 of the Reform Act 13 both authorize the FAA to exempt aircraft from the requirement for an ai rworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proxi mity to airports and populated areas of the particular UAS operation. In al l cases, an analysis of these cr iteria demonstrates that the UAS operated without an airworthin ess certificate, in the restri cted environment and under the conditions proposed will be at least as safe, or safer, than a conven tional rotorcraft operating with
an airworthiness certif icate without the restrictions an d conditions of the proposed UAS operations.

Equivalent Level of Safety The UAS to be operated hereunder is less than 20 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosiv e materials or flammable liquid fuels, and operates exclusively within a specified area as se t forth in the Manual. Unlike ot her civil aircraft, the proposed operations in this petition for exemption will be controlled and monito red by the operator, pursuant to the Manual's requirements.

These safety enhancements, which already appl y to civil aircraft operated in connection with existing inspection operations, provide a great er degree of safety to the public and property owners than conventional operations conducted w ith airworthiness certifi cates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates th at there is no
credible threat to nati onal security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or fl ammable liquid fuels, and inability to carry a
substantial external load.12 B. 14 C.F.R. Part 27: Airworthine ss Standards: Normal Category Rotorcraft.
14 C.F.R. Part 27 sets forth the procedural requirements for airworth iness certification of Normal Category Rotorcraft. To the extent the Petitioner's UASs would otherwise require certification under Part 27, as a rotorcraft, Pet itioner requests an exemption from Part 27’s
airworthiness standards for the same reasons iden tified in the exemption request from 14 C.F.R. Part 21, Subpart H.

C. Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 91.9(c), 45.23(b), and 45.27(a).
This petition seeks an exemption from the aircraft marking and identification requirements of 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.-regist ered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter. 14

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, restricted or light-sport category aircraft or experimental or provisionall y certificated aircraft, the operator must also disp lay on that aircraft near each entrance to the cabin, cockpit, or pi lot station, in lett ers not less than 2 inches nor more than 6 inches high, the words “limited," "restricted," "light-sport," "experi mental," or "provisional," as applicable. 15

14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23. 16

Exemption from § 45.23(b) is warranted becaus e the UAS has no entrance to the cabin, cockpit, or pilot station on which the registrati on number can be placed. Moreover, given the size of the UAS, two-inch lettering w ould inhibit proper function of the UAS, and be quite difficult to

12 See 49 U.S.C. § 44701(f).
13 See Reform Act, supra note 1.
14 14 C.F.R. § 91.9(c).
15 14 C.F.R. § 45.23(b).
16 14 C.F.R. § 45.27(a).13 adhere to. The aircraft registrati on, or “N Number’” will be placed on the fuselage in compliance with § 45.29(f).

Given the nature of the specific relief sought by this exemption request, Petitioner requires relief from the associated marking and iden tification requirements of § 45.27(a) and § 91.9(c), which would require compliance with § 45.23(b).

Equivalent Level of Safety An equivalent level of safety for exemptions to the aircraft marking and identification requirements of §§ 91.9(c), 45.23(b), and 45.27(a) , will be provided by having the UAS marked on its fuselage as required by § 45.29(f) where the Operator, Visual Observ er, and others working
with the UAS will see the identification of the UAS as "Experimental." Additionally, Petitioner will ensure compliance with any requests of UAS marking by the FAA.

The FAA has issued the following exemptions to the aircraft marking requirements of § 45.23(b): Exemptions Nos. 10700, 8738, 10167 and 10167A.

D. 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

This petition seeks an exemption from the priv ate pilot privileges and limitations of §§ 61.113 (a) and (b), which states:
(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is ca rrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in co nnection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. 17

14 C.F.R. § 61.113(a) limits private pilots to being in command of non-commercial flights. 14 C.F.R. § 61.113(b)(1) provides an exception that allows a private pilot to command an aircraft without14 passengers or property, in connection with business or employment if "[t]the flight is only incidental to that business or employment." The stated exception likely does not apply to the proposed operations under this petition for exemption, as the flights are not incidental to the proposed aerial surveys and inspections but rather essential to it. Accordingly, the Petitioner seeks an exemption to 14 C.F.R. § 61.113(a)'s commercial limitation and/or 14 C.F.R. § 61.113(b)(1)'s requirement that the flight be incidental to the business to benefit from the exception.

Equivalent Level of Safety

As required by the Manual, because the UAS will not carry a pilot or passengers, the proposed operations can achieve th e equivalent level of safety to 14 C.F.R. §§ 61.113 (a) and (b). Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no passengers on board. Moreov er, the area of operation is cont rolled and restricted, and all flights are planned, coordinated, and briefed to the appropriate offici al in advance as set forth in
the Manual.

E. 14 C.F.R. § 91.9(B)(2): Civil Aircraft Flight Manual in the Aircraft.
The Petitioner seeks an exemption from the f light manual requirements of 14 C.F.R. § 91.9(b)(2), which states:

(b) No person may operate a U.S.-registered civil aircraft (2) For which an Airplane or Ro torcraft Flight Manual is not 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. 18

Given its size, configuration, and load capacity, the UAS has no ability to carry such a manual on the aircraft, not only because there is no pilot on board, but because there is simply no room or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manua l requirement can be equally satisfied by maintaining the UAF flight manua l at the ground control point wh ere the Operator flying the UAS

17 14 C.F.R. § 61.113 (a) and (b).
18 14 C.F.R. § 91.9(B)(2).15 shall have immediate access to sa id manual. Accordingly, Petiti oner requests an exemption from § 91.9(b)(2)'s flight manual requ irements, on the condition that the UAS flight manual be
available at the control point during each operation.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

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

This petition seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be ope rated. Inasmuch there will be no airworthiness certificate issued for the UAS, should this exempti on be granted, no FAA regulatory standard will exist for determining airworthiness.

Equivalent Level of Safety

Given the size of the UAS and the requirement s contained in the Petitioner’s Manual for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

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

This petition seeks an exemption from § 91.103, which requires a PIC to become familiar with specific information before each flight, incl uding information contained in the FAA approved Flight Manual on board the aircraft. 19 Inasmuch as an FAA approved flight manual will not be provided for the sUAS, an exemption is requested.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Aircraft Operations Manual comprehensive preflight checklist. The Operator shall take all actio ns, including reviewing weather, flight battery requireme nts, landing and takeoff distances, and aircraft performance data, before initiation of flight operations.

19 14 C.F.R. § 91.10316 H. 14 C.F.R. § 91.109(a): Flight Instruction.

The Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “no person may operate a civil aircraft (except a manne d free balloon) that is being used for flight instruction unless that aircraft has fully functional dual controls.” 20 UASs and remotely piloted aircraft, by their design do not have fully func tional dual controls. Inst ead, flight control is accomplished through the use of a control box communicating with the UAS via radio
communications.

Equivalent Level of Safety

Given the size and speed of the UAS, an equivalent level of safe training can still be performed without dual c ontrols because no pilot or passe ngers are aboard the UAS, and all persons will be a safe distance away from th e operations area should the UAS experience any difficulties during flight instruction.

The FAA has approved exemptions for fli ght training without fully functional dual
controls for a number of aircraft and for f light instruction in e xperimental aircraft. 21

I. 14 C.F.R. § 91.119: Minimum Safe Altitudes.

This petition seeks an exemption from the mi nimum safe altitude requirements of 14 C.F.R. § 91.119. This Section prescribes the min imum 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 areas. 22 Section § 91.119(d)(1) allows for a helicopter to operate at less than those minimum altitudes when it can be operate d “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.

To provide the intended inspections, the UAS will normally need to be operated within a range of approximately 50 feet fr om the infrastructure being in spected. Accordin gly, due to the nature of the proposed operations, the Operator and the designated observer may at times be less than 500 feet away from structures during the op eration, and an exemption is therefore required.

20 14 C.F.R. § 91.109(a).
21 See Exemption Nos. 5778K and 9862A
22 See 14 C.F.R. § 91.119(c)17 Equivalent Level of Safety

Compared to flight operations with rotorcra ft weighting far more than the maximum 20 pounds proposed herein, and the lack of flammable fu el, any risk associated with these operations is far less than those presently presented with conve ntional aircraft. An equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. As set forth in the Manual, the UAS will be operated in a restricted area, where buildings and people will not be exposed to unne cessary and unplanned operations. Because of the advance notice, all affected indivi duals will be aware of the planne d flight operations as set forth in the Manual. Furthermore, by operating at such lower altitudes, the UAS will not interfere with other aircraft that are subject to th e minimum safe altitude regulations.

J. 14 C.F.R. § 91.121: Altimeter Settings.

The Petitioner 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 departur e airport or barometric pressure. 23 An exemption is required
because the UAS does not have a barometric altimeter, but rath er a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieve d by following the procedures set forth in the Manual. As prescribed in the Manual, the operato r will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Prior to each flight, the Operator shall reset the altimeter to zero and will fly the UAS below 400 feet AGL. Moreover, the Operator will use the GPS altitude indicator to constantly monitor the UASs hei ght, thus ensuring operation at safe altitudes.

K. 14 C.F.R. § 91.151(a): Fuel Requirem ents for Flight in VFR Conditions.

The Petitioner seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151(a) states:

(a) No person may begin a flig ht in an airplane under VFR conditions unless (considerin g wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

23 See 14 C.F.R. § 91.12118 (1) 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. 24

The battery powering the UAS provides approx imately 25 minutes of powered flight. An exemption from the 30 minute reserve requirement in 14 CFR § 91.151 is therefore required.

Equivalent Level of Safety

An equivalent level of safety can be achie ved by limiting flights to 25 minutes or 75% of battery power, whichever happens first. This restric tion would be more than adequate to return the UAS to its planned landing zone from anywhere within its Specifi c Area of Inspection. Operation
of the UAS with less than 30 mi nutes of reserve fuel does not e ngender the type of risks that Section 91.151(a) was inte nded to alleviate given the size and speed of the small UAS. Moreover, operations will be limited to controlled areas where only inspectors or official representatives or waivers who have signed wa ivers will be allowed.

This request for exemption falls with in the scope of prior exemptions. 25

L. 14 C.F.R. §§ 91.203(a) and (b): Carrying Civilian Aircraft Certification and Registration.

This petition seeks an exemption from civil aircraft certification and registration requirements of 14 C.F.R. §§ 91.203 (a) and (b). The regulations provide in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has wi thin it the following: (1) An appropriate and current airworthiness certificate (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragr aph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 26

In addition to the fact that Petitioner is seeking an exemption from the airworthiness certificate requirements, an exemption to this regulation is necessary because: (1) the UAS’s load capacity and size does not allow it to carry
certification and registration documents; (2) the UAS does not have a cabin or

24 14 C.F.R. § 91.151(a)
25 See e.g. Exemption 10673 (allowing Lockheed Martin Corpor ation to operate wit hout compliance with § 91.151 (a)); see also

FAA Exemptions 2689F, 5745, 10673, and 10808.19 cockpit entrance at which the documents could be displayed; and (3) there are no passengers or crew for whom the certificates need be displayed.

Equivalent Level of Safety

To the extent these regulations ar e applicable to the proposed UAS operations, an equivalent level of safety will be achieved by keeping these doc uments at the ground control point where the Operator flying the UAS shall have immediate access to them.

The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

M. 14 C.F.R. §§ 91.405(a)(1); 91.407(a)(1 ); 91.409(a)(1); 91.417(a) and (b): Maintenance Inspections

The Petitioner seeks an exemption from the maintenance inspection requirements of 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 inspection standards in reference to 14 C.F.R. Part 43. 27 An exemption to these regulations is needed because Part 43 and the st ated sections apply only to aircraft with an airworthiness certificate, which the UAS shall not possess.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Aircraft Operat ions Manual. As provided in the Manual, the Operator will ensure that the UAS is in working or der prior to initiating flight, oversee and assist in performance of required maintenance, and keep a log of any maintenance performed. The Operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide th e equivalent level of safety.

If mechanical issues arise, the UAS shall land immediately and will be operating from no higher than 400 feet AGL. Moreover, the UAS's sma ll size, carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time, create less risk
than the same factors a ssociated with conventional fixed-wing aircraft and rotorcraft performing

26 14 C.F.R. §§ 91.203 (a) and (b) 27 See e.g. 14 C.F.R. § 91.405(a) (stating that each owne r or operator of an aircraft inspected as prescribed in subpart E of this part and shall between required inspecti ons . . . . have discrepancies repaired as prescribed in part 43 of this chapter”)

.20 the same operation.

VII. P RIVACY

All flights will occur over Operations to be conducted over public or controlled access property. Additionally, all flight operations will be conducted in a “Specified Inspection Area” as described by the Manual, in which all permissi ons will be gained by all official personnel and organizations present in the Specified Inspection Area.

Additionally, the U.S. Supreme Court has held that “‘[a] person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy . . . .’” Therefore, Petitioners use of UAS does not pose a privacy threat to motorists traveling on the roadway inadvertently captured on video because they have no reasonable expectation of privac y. However, to further protect individuals who have had their image cap tured during an inspection, the Petitioner will
sanitize the likenesses of individuals from the final product provided to the customer.21 VIII. F EDERAL R EGISTER S UMMARY

A. 14 C.F.R. Part 21, Subpart H - Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1).

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

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

D. 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

E. 14 C.F.R. § 91.9(B)(2): Civil Aircraft Flight Manual in the Aircraft.

F. 14 C.F.R. § 91.7(a): Civil Ai rcraft Airworthiness.

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

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

I. 14 C.F.R. § 91.119: Minimum Safe Altitudes.

J. 14 C.F.R. § 91.121: Altimeter Settings.

K. 14 C.F.R. § 91.151(a): Fuel Requirement s for Flight in VFR Conditions

` L. 14 C.F.R. § 91.203(a) and (b): Carrying Civilia n Aircraft Certification and Registration.

M. 14 C.F.R. §§ 91.405(a)(1); 91.407(a)(1); 91.409(a )(1); 91.417(a) and (b): Maintenance Inspections22 IX. C ONCLUSION

The Petitioner moves the FAA Administrator to grant this exemption. Given the foregoing, the Petitioner’s proposed usage does not pose a hazard to the NAS or to the public. Considering the clear statutory language in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety to the public and to the men and women conducting engineering & infrastructure inspections, and the reduction in environmental effects, the grant of the requested exemptions is in the public interest. Accordingly, Petitioner respectfully requests that the FAA grant the requested exemption without delay.

Submitted on March, 2015 by:

/s/ Adam J Dorn, P.E.

_______________________________ Adam J. Dorn, P.E. 281 Grannis Road Constantia, NY 13044 Petitioner