October 14, 2015

U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590 

Dear Sir or Madam: 

Attached please find my request for an exemption from the listed Federal Aviation Regulations to allow 

commercial operation of a Small Unmanned Aircraft Systems ("sUASs") for aerial imaging for safety and 

monitoring of secured and controlled environment construction sites. This exemption request is 

exclusively for the use of the 3DR IRIS+.

Also attached to this letter is the 3DR IRIS+ UAS Flight Manual, which outlines the operating 

requirements, limitations, and technical specifications for the system. I have reviewed this Manual and 

have found it to be acceptable for sUAS operations on project sites. Applicant submits this manual as a 

supplemental document 

Thank you for your time and consideration. Please let me know if you have any questions. 

Sincerely, 

Frank M. Tulp
October 14, 20I5

U.S. Department of Transportation 

Docket Management System

I200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part II of the Federal 

Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119; 91.12I; 

91.15I(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.4I7 (a) & (b). 

Dear Sir or Madam: 

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

Reform Act) and 14 C.F.R. Part 11, I, Frank M. Tulp hereby apply for an exemption from the listed 

Federal Aviation Regulations ("F ARs") to allow commercial operation of its Small Unmanned Aircraft 

Systems (''sUAS") for aerial imaging for safety and monitoring of secured and controlled environment 

construction sites, aerial photography, aerial video and cinematography, agriculture mapping, 

wildlife and forestry monitoring, power line inspection, bridge inspection, roof inspection, 

pipeline inspection, structure inspection, accident imaging, real estate inspection and sales, 

special events, and thermal imagery so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333. 

As detailed in this document and the attached Flight Manual, the requested exemption would permit 

the operation my 3DR Iris+ under controlled conditions in airspace that is I) limited 2) predetermined 3) 

controlled as to access and 4) would provide safety enhancements to the already best practices safety 

protocols followed by Bechtel at each one of its construction sites. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) 

responsibilities to “... establish requirements for the safe operation of such aircraft systems in the 

national airspace system." Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

Frank M Tulp

1700 Lincoln Village Circle

#2221

Larkspur, CA 94939

PH: 415-699-6300

Email: franktulp@gmail.com

Regulations from which the exemption is requested: 

14 C.F.R. Part 210 

I4 C.F.R. 45.23(b)O 

14 C.F.R. 61.113 (a) & (b) 
14 C.F.R. 91.7 (a)O 

14 C.F.R. 91.9 (b) (2)0 

14 C.F.R. 91.1030 

14 C.F.R. 91.1090 

14 C.F.R. 91.1190 

14 C.F.R. 91.1210 

14 C.F.R. 91.151 (a) 

[J 14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.405 (a)O 

14 C.F.R. 407 (a) (1)0 

14 C.F.R. 409 (a) (2)0 

14 C.F.R. 417 (a) & (b) 

I. STATUTORY AUTHORITY FOR EXEMPTIONS 

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

includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from 

the requirement that all civil aircraft must have a current airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 U.S.C. §44701(£) See also 49 USC §44711(a); 49 USC §44704; 14 

CFR §91.203(a) (1). 

Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may operate in the 

National Airspace System (NAS) without creating a hazard to the user, the public, or a threat to national 

security. In making this determination, the Secretary must consider: 

• The sUAS's size, weight, speed, and operational capability; 

• Whether the sUAS operates within the visual line of sight of the operator 

• Whether the sUAS operates outside of highly populated areas and away from close proximity to 

airports Reform Act §333(a). If the Secretary determines that a sUAS "may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the 

national airspace system." !d. §333(c). 

The 3DR Iris+ is a multirotor vehicle, weighing 10 or fewer lbs. including payload. It operates under 

normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in 

the vertical and horizontal plane simultaneously. The sUAS will operate only in the Pilot's visual line of 

sight at all times. Such operations will insure that the sUAS will "not create a hazard to users of the 

national airspace system or the public." 

Reform Act Section 333 (b). 

Given the small size of the sUAS involved and the restricted environment within which I will operate, my

application falls squarely within the zone of safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, would hopefully allow commercial operations of sUAS to 
commence immediately. Also due to the small size of the sUAS and the low altitudes and restricted 

areas in which the sUAS will operate, approval of the application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, 

and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in 

the public interest. Accordingly, I respectfully request that the FAA grant the requested exemption 

without delay. 

II. PUBLIC INTEREST 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking 

required under Section 333 of the Reform Act. By granting an exemption the FAA will fulfill Congress's 

intent of allowing UAS to operate with significant safety precautions in low risk environments. 

The use of sUAS on a construction site can significantly reduce the risk to workers of falls while 

inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, and collect data on 

hard to get to areas that otherwise would require worker inspection including roofs. Falls are a leading 

source of workplace fatality and injury on construction sites 1, and reducing falls through sUAS use for 

site imaging could save workers lives. 

Additionally, sUAS could replace the use of helicopters and small aircraft to monitor sites. The sUAS we 

propose to fly in this application are under 10 pounds, and carry no combustible material on board, as 

opposed to the much larger conventionally powered small aircraft. This presents a marked safety 

increase for workers and the public. 

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial 

imaging and data collection over a construction site. The 3DR Iris+ uses rechargeable lithium ion 

batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds of 

times heavier. 

III. EQUIVALENT LEVEL OF SAFETY 

I propose that the exemption requested herein apply to sUAS that have the characteristics and that 

operate with the limitations listed herein. These limitations provide for at least an equivalent or even 

higher level of safety to operations under the current regulatory structure because the proposed

operations represent a safety enhancement to the already safe protocols followed on construction sites 

and imaging and surveying operations conducted with helicopters and other conventional aircraft. 
I will be bound by the following limitations when conducting its sUAS operations under an FAA issued 

exemption: 

1. The sUAS will be less than 55 pounds. 

2. Flights will be operated within visual line of sight of a pilot. 

3. Maximum total flight time for each operational flight will be 20 minutes. The UAS calculates battery 

reserve in real time, and will return to its ground station with at least 20% battery power reserve should 

that occur prior to the 20 minute limit. 

4. Flights will normally be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL. 

5. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his visual line of 

sight at all times. 

6. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in the Flight 

Manual. 

7. The sUAS will only operate within a confined "Sterile Area" as defined in the 

Manual. The Manual also requires the establishment of a "Security Perimeter" for the flight operations 

area. 

8. A briefing will be conducted in regard to the planned sUAS operations prior to each day's production 

activities. It will be mandatory that all personnel who will be performing duties within the boundaries of 

the safety perimeter be present for this briefing. 

9. All onsite personnel will consent to the UAS flyover on site by waiver or oral agreement. 

10. Pilot will have been trained in operation of sUAS generally and received up-to-date information on 

the particular UAS to be operated.

11. Written and/or oral permission from the relevant property holders will be obtained. 

12. 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. 

13. If the sUAS loses communications or loses its GPS signal, it will have capability to enter "loiter mode" 

and hover, reestablish satellite connection, and return to a predetermined location within the Security 

Perimeter and land. 

IV. DESCRIPTION OF SPECIFIC REGULATIONS 

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the Pilot operating the aircraft. Unlike a conventional aircraft 

that carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on 

board. My sUAS is also operated by an autopilot, which greatly reduces the danger of human error. The 

area of operation is controlled and restricted. 

The sUAS to be operated is less than 10 lbs. fully loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels. Like other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by the operator in compliance with both FAA and local public 

safety requirements, to provide security for the area.
The risks associated with the operation of the sUAS are therefore diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, and allowing operations 

of the sUAS as requested by me who is a licensed commercial pilot that achieves the level of safety 

contemplated by 14 C.F.R. §61.113 (a) & (b). 

14 C.F.R. 91.103: Preflight Action 

This regulation requires each pilot in command take certain actions before flight to ensure the safety of 

flight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, 

including checking for weather conditions, checking flight battery requirements, checking takeoff and 

landing distances, and all other actions in the Preflight Checklist in the Manual. These actions will 

provide an equivalent level of safety 

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is 

for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which 

will typically operate at altitudes of 200 AGL or lower, so an exemption may be needed to allow such 

operations. The sUAS will never operate at altitude higher than 400 AGL. Buildings and people will not 

be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because of the advance notice to the property owner and any onsite personnel as 

outlined in the Manual, all affected individuals will be aware of the planned flight operations. Unlike 

flight operations with aircraft or rotorcraft weighing far more than the maximum 10 lbs. proposed 

herein, our sUAS will not carry flammable fuel. In addition, the low-altitude operations of the sUAS will 

ensure 

Separation between sUAS operations and the operations of conventional aircraft that must comply with 

Section 91.119. 

14 C.F.R. 91.121: Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight. 
14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions 

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. 

The sUAS is limited to operations in sterile and controlled environments as outlined in 

the Manual, and has a limited range and flight time which require an exemption from 14 

CFR 91.151(a). 

The battery powering the sUAS provides approximately 20 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, sUAS flights would not be able to fly. Given the 

limitations on the sUAS's proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. 

I believe that-an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See 

Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 

91.151 (a)). Operating the small sUAS, in a tightly controlled area where only people and property 

owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.151 (a) was intended to alleviate given 

the size and speed of the small UAS. Additionally, limiting sUAS flights to 15 minutes would greatly 

reduce the utility for which the exemption will be granted. 

An equivalent level of safety can be achieved by limiting flights to 15 minutes, or enough battery reserve 

to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined 

by the onboard monitoring system and the Pilot), whichever happens first. This restriction would be 

more than adequate to return the sUAS to its planned landing zone from anywhere in its limited 

operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808. 

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections: These regulations 

require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E 

of this part and shall between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter. ..," and others shall inspect or 

maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to a 3DR Iris+. Maintenance will be accomplished by the operator pursuant to the 

flight manual and operating handbook. An equivalent level of safety will be achieved because these 

small sUAS are very limited in size and will carry a small payload and operate only in restricted areas for 

limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating 

from no higher than 400 feet AGL. The Pilot will ensure that the sUAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log of any maintenance performed. 

Moreover, the Pilot is the person most familiar with the aircraft and best suited to maintain the aircraft 

in an airworthy condition to provide the equivalent level of safety. 
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: 

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 

C.F.R 45.23(b);l4 C.F.R. §§ 61.113( a) & (b);91.7 

(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 

(a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate 

commercially a small unmanned vehicle (55lbs or less) in construction operations. 

Approval of exemptions allowing commercial operations of sUAS in the construction, agriculture, film 

and other industries enhances safety while reducing risk. Manned aircraft monitoring and surveying 

creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard 

human pilot. In contrast, a sUAS weighing fewer than 10 lbs. and powered by batteries eliminates 

virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS 

will carry no passengers or crew and, therefore, will not expose them to the risks associated with 

manned aircraft flights. 

The operation of small sUAS, weighing less than 10 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested 

herein, including exempting the applicant from the requirements of Part 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground and, as a result, are 

far safer than conventional operations conducted with turbine helicopters operating in close proximity 

to the ground and people. 

Privacy 

All flights will occur over private or controlled access property with the property owner's prior consent 

and knowledge. Images taken will be of individuals who have also consented to being filmed or 

otherwise have agreed to be in the area where aerial photography will take place. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012--size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security-provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant's sUAS

Sincerely, 

Frank M Tulp