Palmetto Inspections Group LLC dba Pro-Tech Inspections

16 Ridenour Ave

Greenville, South Carolina 29617

January 25, 2016

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 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) 

& (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam:

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

Reform Act) and 14 C.F.R. Part 11, PALMETTO INSPECTIONS GROUP LLC DBA PRO-TECH 

INSPECTIONS (“the applicant”), developer and operator of Small Unmanned Aircraft 

Systems (“sUASs”) equipped to conduct real estate inspections of roofs and tall buildings 

and aerial property surveys , hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, 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 described more fully below, the requested exemption would permit the 

operation of small, unmanned, and relatively inexpensive sUAS under controlled 

conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to access, and 

4) would provide safety enhancements to the already safe operations in real estate 

inspections of roofs and tall buildings and aerial property surveys presently using 

conventional aircraft. 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:

PALMETTO INSPECTIONS GROUP DBA PRO-TECH INSPECTIONS

Attn: David Adams

Ph: 864.386.3810

Email: dave@pro-techinspections.com

Address: 16 Ridenour Avenue, Greenville, SC 29617
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Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.56

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

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 national airspace system (NAS) before completion of the rulemaking required 

under Section 332 of the Reform Act. In making this determination, the Secretary is 

required to determine which types of UASs do not create a hazard to users of the NAS or 

the public or pose a threat to national security in light of the following:

 The UAS’s size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

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

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “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.” Id. §333(c) 

(emphasis added).1

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

This statutory authority by its terms includes exempting civil aircraft, as the term is 

 

1 Applicant interprets this provision to place the duty on the Administrator to not only process applications 

for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the 

UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements 

for approval.
3

defined under §40101 of the Act, which includes 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(f) 

See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

The applicant’s sUAS (Appendix 1) are rotorcraft weighing 55 or fewer lbs. including 

payload. They operate under normal conditions at a speed of no more than 25 to 35 knots 

and have the capability to hover and move in the vertical and horizontal plane 

simultaneously. They will operate only in line of sight and will operate only within the 

sterile area described in the Unmanned Aircraft Systems Operations Manual, attached as 

Appendix 2 (hereinafter “the Manual”). Such operations insure that the sUAS does “not 

create a hazard to users of the national airspace system or the public.”

2

Given the small size of the sUASs involved and the restricted sterile environment 

within which they will operate, the applicant falls squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of UASs to commence immediately. Also due to the size of 

the UASs and the restricted areas in which the relevant sUASs 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, reduction in environmental impacts, 

including reduced emissions associated with allowing UASs for real estate inspections of 

roofs and tall buildings and aerial property surveys, the granting of the requested 

exemptions is in the public interest. Accordingly, the applicant respectfully requests that 

the FAA grant the requested exemption without delay.

Background Information

The applicant is in the business of real estate inspections of roofs and tall buildings 

and aerial property surveys. The applicant’s clients look to the applicant for safe 

operations of sUAS. The applicant has developed specific safe UAV operational 

procedures. Increasingly, the applicant has clients looking for sUAS services for real estate 

inspections of roofs and tall buildings and aerial property surveys.

Operations performed by the applicant include:

real estate inspections of roofs and tall buildings and aerial property surveys.

 

2 Reform Act Section 333 (b).
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AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics and that operate within 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 real estate inspections of roofs and tall buildings 

and aerial property surveys conducted with conventional aircraft.

These limitations and conditions to which the applicant agrees to be bound when 

conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 20 minutes. Flights 

will be terminated at 25% battery power reserve should that occur prior to the 20

minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more 

than 200 feet above an elevated platform from which flight is planned.

5. The sUAS will only operate within defined boundaries as outlined in Section 8.4 of 

the Manual.

6. A briefing will be conducted in regard to the planned sUAS operations prior to 

each mission. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing.

7. The operator will obtain the consent of all persons involved in the mission and 

ensure that only consenting persons will be allowed within 100 feet of the flight 

operation, and this radius may be reduced to 30 feet based upon an equivalent 

level of safety determination, as required by Section 8.4 of the Manual. 

8. Pilot and observer will have been trained in operation of UAS generally and 

received up-to-date information on the particular UAS to be operated as required 

in Sections 7.4 and 7.5 of the Manual.

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

obtained.

10. 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.

11. If the sUAS loses communications or loses its GPS signal, the UAS will have the

capability to return to a pre-determined location within the Security Perimeter 

and land.

12. The sUAS will have the capability to abort a flight in case of unpredicted obstacles 

or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)
5

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) 

(1). Given the size and limited operating area associated with the aircraft to be utilized by 

the Applicant, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the particular UAS. In all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither 

a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a secured area as set out in the Manual. Unlike other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by both 

the operator and observer, pursuant to the Manual’s policies, and under and in 

compliance with local public safety requirements, to provide security for the area of 

operation as is now done with conventional real estate inspections of roofs and tall 

buildings and aerial property surveys. These safety enhancements, which already apply 

to civil aircraft operated in connection with real estate inspections of roofs and tall 

buildings and aerial property surveys, provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates 

issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the UAS, due 

to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

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 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.

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS will have no entrance to a cabin, cockpit or pilot station on which the 
6

word “Experimental” can be placed. Given the size of the sUAV, two-inch lettering will be 

impossible. The word “Experimental” will be placed on the fuselage in compliance with 

§45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the 

sUAV will see the identification of the UAS as “Experimental.” The FAA has issued the 

following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 

10167A.

Operator Requirements

Given the sUAV proposed by PALMETTO INSPECTIONS GROUP LLC DBA PRO-TECH 

INSPECTIONS, Operators should not be required to hold a private pilot license. PALMETTO 

INSPECTIONS GROUP LLC DBA PRO-TECH INSPECTIONS believes that 1) the operator, 

instead of understanding how to operate a passenger carrying aircraft, should have 

knowledge and experience that enables the safe operation of a small, remotely piloted 

sUAV should understand airspace restrictions and know how to ensure separation from 

other aircraft as well as non-participants and property; 2) the sUAV has built-in technical 

capabilities that limit the potential for unsafe operation and 3) there are other security 

screening mechanisms already in existence that PALMETTO INSPECTIONS GROUP LLC DBA 

PRO-TECH INSPECTIONS will utilize to ensure the operators are acting consistently with 

national security interests. 

Given the sUAV safety features outlined below, PALMETTO INSPECTIONS GROUP LLC DBA 

PRO-TECH INSPECTIONS proposes that its operations under this Exemption request 

should not be required to hold a commercial or private pilot certification. Instead, 

Operators should be required to: have successfully completed, at a minimum, FAA private 

pilot ground instruction and passed the FAA Private Pilot written examination or FAArecognized equivalents; have completed PALMETTO INSPECTIONS GROUP LLC DBA PROTECH INSPECTIONS’s training program for operation of the UAS.

PALMETTO INSPECTIONS GROUP LLC DBA PRO-TECH INSPECTIONS notes that 1) the FAA 

has found that safety factors permitted operation of sUAVs by Operators with these 

qualifications in the case of operations pursuant to public COAs when the mandatory 

operating conditions specified above were present; and 2) that the Notice of Proposed 

Rulemaking entitled Operation and Certification of Small Unmanned Aircraft Systems, 80 

F.R. 9544 (February 23, 2015) (“NPRM”), does not require the operator to hold a private 

pilot license or a third class medical.

Advanced sUAVs have a navigation and control system and auto-pilot that allows it to 

execute very accurate pre-programed flights. Flights are pre-programmed with GPS 

waypoint to establish perimeters beyond which the aircraft will not operate. Flights under 
7

auto-pilot are not directed by positive manual input, but through pre-programmed flight 

parameters that are executed by the auto-pilot. In the case of unplanned events, the 

Operator inputs preprogrammed evasive maneuvers from the control unit, and the 

autopilot executes those maneuvers. Pre-programmed Operator interventions include: 

initiation of holding at present position; suspension of mission; fly back to launch point; 

abort mission and land immediately; and emergency power cut off and land (flight 

termination system). Additional automated safety functions and safety enhancing 

features of the advanced sUAVs may include the following:

1) Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate 

landing, 

2) Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels. 

Low power below 10% triggers an immediate landing, 

3) If the auto-pilot detects a lost-link to the ground controller, the UAS will hold 

position at its current location for 5 seconds and if the signal is not restored, 

execute a return to home and land, 

4) Redundant “kill switches” that enable completely shutting the aircraft down in 

flight in the event of a loss of control or un-commanded deviation from the flight 

path, 

5) The aircraft, weighs less than 55 lbs., fully loaded, 

6) The motors are driven by pulse width modulated signals, not analog signals, 

7) The aircraft will operate for the Purposes at no more than 30 mph (while imaging) 

nor above 200 feet above the structure (imaging altitude) or a maximum of 400 

feet AGL. 

See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems 

(UAS) Operational Approval, at 20-21 (July 30, 2013); As the FAA has determined in 

Exemptions 11062 thru 11067,11080 and 11110 (the “Exemptions”), in comparing the 

requirements for private pilot knowledge and the knowledge required for a commercial 

pilot, that knowledge associated with a private pilot license, and therefore private pilot 

ground school, was sufficient to allow private pilots to operate sUAVs under those 

exemptions. 

Based upon that analysis, PALMETTO INSPECTIONS GROUP LLC DBA PRO-TECH 

INSPECTIONS believes successful completion of FAA private pilot ground school is a 

suitable predicate to operating the sUAV under this exemption. PALMETTO INSPECTIONS 

GROUP LLC DBA PRO-TECH INSPECTIONS proposes that the Operator accumulate 

required sUAV flight training hours through the operation of sUAVs rather than flight 

hours in conventional aircraft. Those hours are more relevant to the operations proposed 

herein than hours gained in obtaining a private pilot’s certificate in conventional or rotor 

aircraft. Those aircraft are orders of magnitude heavier than the sUAS and carry not only 

the pilot himself, but also passengers and fuel, none of which is carried in the sUAS. These 

conventional aircraft fly over all sorts of airspace without the permission or knowledge of 

the landowner. 
8

A handheld radio controller controls the sUAV and the vehicle is operated within the line 

of sight. The requirements of Part 61.127 (commercial flight proficiency) and §61.107 

(private flight proficiency), to the extent they are relevant to UAS operations, can be 

taught in the training proposed herein. As a review of the requirements of part 61.127 

and 107 demonstrate, the issues presented as they relate to a 55-pound aircraft, 

operating at less than 30 mph during filming operations are those taught in ground school 

and in flight training with the particular UAS and not gained from accumulating flight 

hours in a fixed wing or rotorcraft gas or jet A powered aircraft completing cross country 

flights and take offs and landings at controlled and uncontrolled airports.

As to national security review of pilots, each of PALMETTO INSPECTIONS GROUP LLC DBA 

PRO-TECH INSPECTIONS’s pilots/operators will obtain internally provided certified 

training (Ground and Practical) from PALMETTO INSPECTIONS GROUP LLC DBA PRO-TECH 

INSPECTIONS to operate the sUAV. This review and certification could reasonably vet the 

Operators against any known terrorist or no fly listings that are relevant and publically 

available.

PALMETTO INSPECTIONS GROUP LLC DBA PRO-TECH INSPECTIONS additionally asks that 

the exemption be issued without the requirement for a visual observer. As set forth 

herein, an equivalent level of safety is provided by the size, speed and control capabilities 

of the aircraft, as well as the operational procedures that will be applicable to all flight 

hereunder. These obviate the need for the visual observer. 

The Operator will be operating the aircraft, always within line of sight. He or she will walk 

and follow the aircraft around the inspection area so that while it is flying its preprogramed and at times, manual flight path, the UAS will always be directly in his or her 

line of sight. The Operator will not be distracted by viewing the pictures taken during the 

flight. Rather, once the sUAV is launched, the Operator’s only duty will be to watch the 

flight of the UAS over the structure and intervene to address flight path deviations or 

other issues that arise during the flight. The functions that an observer performs where 

the aircraft is flown at long distances from the launch area will not be necessary as the 

Operator will always have the aircraft in his or her direct sight. The observer also will not 

be necessary because the Operator will conduct a pre-flight inspection of the area, will 

and if needed, cordon off the area and will perform frequent visual scans of the area while 

the vehicle is operating.

The petitioner asserts that since the UA will not carry a pilot or passengers on 

board, the proposed operations will not adversely affect safety by requiring the PIC 

operating the aircraft to have a private pilot’s license rather than a commercial pilot’s 

license. In support of its position, the petitioner argues that, since there are no standards 

for either private or commercial UAS pilot certificates, knowledge of airspace regulations 

and dexterity in the control and operation of the UAS acquired from actual operation of 

the aircraft will be the most important factors in establishing an equivalent level of safety. 
9

Furthermore, the petitioner explains that, given the restricted and controlled airspace 

within which operations will take place, the key factors needed by the PIC are knowledge 

of the airspace within which the closed are of operation will take place and how that 

airspace fits into the National Airspace System (NAS). The petitioner also states that it 

cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed 

wing aircraft, has the skill or ability to safely operate an unmanned aerial vehicle, 

operating at 400 feet AGL or lower, within strictly controlled pre-approved airspace. The 

petitioner asserts that there are relatively few certificated pilots who are also qualified to 

fly the type of UAS utilized in sUAS operations. PALMETTO INSPECTIONS GROUP LLC DBA 

PRO-TECH INSPECTIONS further asserts that there are even fewer commercially 

certificated pilots that can fly these UAS, to the point that to do both is considered rare. 

Additionally, the petitioner states that the aircraft will be operated within a secure 

environment, which no one will be allowed to enter unless they are part of the 

production, have been fully briefed of the risks prior to operation of the UAS, and have 

consented to the risks associated with being in the operating area. Should there be a 

mishap, the UA being flown pose significantly less of a threat than the helicopters and 

fixed wing aircraft now being employed because they are a fraction of the size, carry no 

flammable fuel, and do not carry crew or passengers. This is in stark contrast to 

conventional aircraft that are flown to the site, carry flammable fuel, carry passengers 

and crew, and operate in a much larger area.

PALMETTO INSPECTIONS GROUP LLC DBA PRO-TECH INSPECTIONS again notes 

that the NPRM does not require the use of a visual observer. 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, reduction in environmental 

impacts, including reduced emissions associated with allowing battery powered sUAVs 

for these functions instead of turbine or gas power aircraft/rotorcraft and operations with 

pilots having at least a private pilot license, the grant of the requested exemptions is in 

the public interest.

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the aircraft, 

should this exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft and the requirements contained in the 

Manual for maintenance and use of safety checklists prior to each flight, as set forth in 

Sections 9.1 and 9.6, an equivalent level of safety will be provided.

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

Section 91.9 (b) (2) provides:
10

No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft 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.

The sUAS, given its size and configuration has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at 

the ground control point where the pilot flying the sUAS will have immediate access to it. 

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.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight 

to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft, an exemption will be needed. An equivalent level of safety will 

be provided as set forth in Sections 8 and 9 of the Manual. The PIC will take all actions 

including reviewing weather, flight battery requirements, landing and takeoff distances,

and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction

Section 91.103 provides that no 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.

sUASs and remotely piloted aircraft, by their design do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 

9862A. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft.

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 
11

prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter 

and the exemption requests authority to operate at altitudes up to 400 AGL, or not more 

than 200 above an elevated platform from which operation is planned, an exemption may 

be needed to allow such operations. As set forth herein, except for the limited conditions 

stated in the Manual, the UAS will never operate at higher than 400 AGL. It will, however,

be operated in a restricted area with a security perimeter, where 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, and speed of 

the UAS 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 participants in the mission, all affected individuals will be aware of 

the planned flight operations as set forth in Section 6.2, 8.1, and 8.2 of the Manual. 

Compared to flight operations with aircraft or rotorcraft weighing far more than the 

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with 

these operations is far less than those presently presented with conventional aircraft 

operating at or below 500 AGL in the real estate inspections of roofs and tall buildings and 

aerial property surveys. In addition, the low-altitude operations of the sUAS will ensure 

separation between these small UAS 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 checklist, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight.

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing, and, assuming normal cruising 

speed – (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.”

The battery powering the sUAS provides approximately 30 minutes of powered 

flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights would 

be limited to approximately 20 minutes in length. Given the limitations on the UAS’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.
12

Applicant believes 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 UAS, 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 20 minutes would greatly 

reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting 

flights to 20 minutes or 25% of battery power 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 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(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. . . .

(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 at the cabin or cockpit 

entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs and is operated without an 

onboard pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the sUAS will have immediate access to them, 

to the extent they are applicable to the sUAS. 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.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections
13

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 the applicant. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook as 

referenced in the Manual (See Sections 8.6 and 9). An equivalent level of safety will be 

achieved because these small UASs 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 UAS can land immediately and will be operating from no higher than 400 feet AGL. As 

provided in the Manual, the operator will ensure that the UAS is in working order prior to 

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

performed. Moreover, the operator 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);14 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 motion 

picture and television operations.

Approval of exemptions allowing commercial operations of sUASs in the real 

estate inspections of roofs and tall buildings and aerial property surveys will enhance 

safety by reducing risk. Conventional real estate inspections of roofs and tall buildings and 

aerial property surveys, using jet or piston power aircraft, operate at extremely low 

altitudes just feet from the infrastructure being inspected and in extreme proximity to 

people and structures; and present the risks associated with vehicles that weigh in the 

neighborhood of 4,000lbs, carrying large amounts of jet A or other fuel. Such aircraft must 

fly to and from the work location. In contrast, a sUAS weighing fewer than 55 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 is carried to the worksite and not flown. 

The sUAS will carry no passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircraft flights.
14

The operation of small UASs, weighing less than 55 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 in a sterile environment 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. real estate inspections of roofs and tall buildings and aerial 

property surveys will be performed for people who have also consented for work to be 

performed or otherwise have agreed to be in the area where UAS flight will take place.

Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – 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 UAS in the real estate inspections of roofs and tall buildings and aerial property 

surveys pursuant to the Manual appended hereto.

Sincerely,

David Adams, President

Palmetto Inspections Group LLC dba Pro-Tech Inspections
i

Appendix 1

1. Model of UAS Proposed in Exemption

DJI Phantom 3 Advanced
ii

Appendix 2

Attached Manuals: 

1. DJI Phantom 3 Advanced Owner’s Manual 

2. Proposed UAS Flight Manual

3. Proposed UAS Pre-Flight Safety Checklist

Petitioner submits the Appendix and Manuals marked “CONFIDENTIAL,” as they 

contain proprietary confidential business information that is not released to the 

public and is protected under the Freedom of Information Act 5 USC §552 et. seq. 5 

Reform Act Section 333 (b). 

Submitted under separate cover.