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”) , develope r 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 permi t 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) responsib ilities 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 296172 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 su bmitted 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

t itle 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 weigh ing 55 or fewer lbs. including payload. They operate under normal conditio ns 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 d escribed in the Unmanned Aircraft Systems Op erations Manual, attached as Appendix 2 (hereinaf ter “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 exe mption, 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 direct ion 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 en vironmental impacts, including reduced emissions associated with allowing UASs for real estate inspections of roofs and tall buildings and aerial property surveys , the grant ing of the requested exemptions is in the public interest. Accordingly, the applica nt 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 c lients look to the applicant for safe

o perations of sUAS. The applicant has developed specific safe UAV operational

p rocedures. 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).4

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil a ircraft that have the characteristics and that operate with in 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 opera tions 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 ea ch operational flight will be 20 minute s. Flights
will be terminated at 25% battery power reserve s hould 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 s UAS 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 per forming 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

ope ration, 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,

coun ty 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 Securi ty 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 Su bpart 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 wi thout 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 restrict ions 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 i n 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 inabil ity 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 categor y 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 the6

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 mar ked 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 h ow 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 th at 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 INSPECTIO NS 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 instructi on and passed the FAA Private Pilot written examination or FAA

recognized equivalents; have completed PALMETTO INSPECTIONS GROUP LLC DBA PRO

TECH INSPECTIONS’s training program for operation of the UAS.

PALMETTO INSPECTIONS GROUP LLC DBA PRO

- TECH INSPECTI ONS 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 h ave 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 under7

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 trigger s 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 tha n 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 m aximum 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 requiremen ts 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 exempti ons.

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 DB A 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 ga ined 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 fli ght 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 re late 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 p owered 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 provide d 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 with in line of sight. He or she will walk and follow the aircraft around the inspection area so that while it is flying its pre

programed and at times, manual flight path, the UAS will always be directly in his or her line of sight. The Operator will not be di stracted 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 durin g 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 pi lot 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 t hat, 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 fac tors 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 whic h 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.
Additional ly, 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 t o 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
flam mable 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 surroun ding 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 aircr aft and the requirements contained in the Manual for maintenance and use of safety checklists prior to each fligh t, 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 req uires 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 a s 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 inst ruction

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 fl ight 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 th an the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes11

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 alt itudes 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 oper ate 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 give n 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 miss ion , 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 wi th aircraft or rotorcraft weigh ing 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 requir es 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 a ltimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operat or, pursuant to the Manual and safety check list, confirming the altitude of the launch site shown on the GPS altitude
ind icator 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 f or at least 30 minutes; or (2) a t night, to fly
after that for at least 45 minutes.”

The battery powering t he sUAS provides approximately 3 0 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, sUAS flights would
be limited to approximately 2 0 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 b e 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. Additiona lly, 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 2 0 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to retu rn 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 Cert ification 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 o r 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 b e 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 Inspections13 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 oth ers shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section s 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 equival ent 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
safet y by red ucing 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, weigh ing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety support ing 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 an d, 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 s ecurity

– 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 appe nded hereto.

Sincerely,

David Adams, President Palmetto Inspections Group LLC dba Pro

- Tech Inspectionsi



### Appendix 1

1. Model of UAS Proposed in Exemption

DJI Phantom 3 Advancedii



### 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 Secti on 333 (b).

Submitted under separate cover.