Jonathan TL Pang

Locations LLC

614 Kapahulu Avenue

Honolulu, HI 96815

August 24, 2015

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

Attn:

Re: Petition of Utility Aerial Services, Inc. for Exemption Pursuant to Section

333 of the FAA Reform Act

To Whom It May Concern:

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

Act") and 14 C.F.R. Part 11, Utility Aerial Services, Inc. ("Petitioner"), an aerial photography

service company that performs real estate related inspections and pictures, hereby applies for an 

exemption from Federal Aviation Regulations ("FARs") identified below, to allow commercial 

operation of small unmanned aerial vehicles (i.e., small unmanned aircraft systems or "sUAS").

The specific section or sections of 14 CFR from which you seek an exemption;

A . 14 C.F.R. Part 21, Subpart H-Airworthiness Certificates & 14 C.F.R. §

91.203(a)(1).

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

C . Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 91.9(c),

45.23(b) and 45.27(a).

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

Command.

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

F . 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.
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G . 14 C.F.R. § 91.103: Preflight Action.

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

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

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

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

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

Registration.

 M . 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): 

Maintenance Inspections.

The extent of relief you seek and the reason you seek the relief;

A. 14 C.F.R. Part 21, Subpart H Airworthiness Certificates & 14 C.F.R. §

91.203(a)(1).

This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the 

procedural requirements for the issuance of airworthiness certificates as required by 14

C.F.R. §91.203(a)(1). Given the size and limited operating area associated with the sUAS to 

be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements of 

an equivalent level of safety under Part 11 and 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 sUAS 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 rotorcraft operating with an airworthiness 

certificate without the restrictions and conditions of the proposed sUAS operations.

Equivalent Level of Safety

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. Unlike other civil aircraft, the proposed operations in this petition for 

exemption will be controlled and monitored by the operator, pursuant to the Manual's 

requirements. Moreover, the FAA will have advance notice of all operations conducted under 

this exemption.

The sUAS to be operated hereunder weighs 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. Unlike other civil aircraft, the proposed operations in this petition for 
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exemption will be controlled and monitored by the operator, pursuant to the Manual's 

requirements.

These safety enhancements, which already apply to civil aircraft operated in connection with 

existing inspection operations, 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 sUAS, 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.

B . 14 C . F . R . Pa r t 27: Air worthiness Standards: Nor mal Category Rotor craft.

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent the Petitioner's sUASs would otherwise require 

certification under Part 27, as a rotorcraft, Petitioner UHTXHVWV DQ H[HPSWLRQ IURP 

3DUW 27¶V airworthiness standards for the same reasons identified in the exemption request 

from 14 C.F.R. Part 21, Subpart H.

C . Aircraft Marking and Identification Requirements: 14 C . F . R . §§ 91.9(c),45.23(b) and 

45.27(a).

This petition seeks an exemption from the aircraft marking and identification 

requirements of 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, 

provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters

not less than 2 inches nor more than 6 inches high, the words "limited,"

"restricted," "light-sport," "experimental," or "provisional," as applicable.

14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on 

both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23.

Exemption from § 45.23(b) is warranted because the sUAV has no entrance to the cabin, 

cockpit, or pilot station on which the word "Experimental" can be placed. Moreover, given the 
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size of the sUAV, two-inch lettering would be impossible. The word "Experimental" will be 

placed on the fuselage in compliance with § 45.29(f).

Given the nature of the specific relief sought by this exemption request, Petitioner requires 

relief from the associated marking and identification requirements of § 45.27(a) and §91.9(c), 

which would require compliance with § 45.23(b).

Equivalent Level of Safety

An equivalent level of safety for exemptions to the aircraft marking and identification 

requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the 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." Additionally, 

Petitioner will ensure compliance with any requests of sUAS marking by the FAA.

The FAA has issued the following exemptions to the aircraft marking requirements of §

45.23(b): Exemptions Nos. 10700, 8738, 10167 and 10167A.

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

This petition seeks an exemption from the private pilot privileges and limitations of §

61.113 (a) & (b), which states:

Private Pilot Privileges and Limitations: Pilot in Command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a 

private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation or 

hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command

of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or

hire.

Section 61.113(a) limits private pilots to being in command of non-commercial flights.

Section 61.113(b)(1) provides an exception that allows a private pilot to command an aircraft 

without passengers or property, in connection with business or employment if "[t]the flight is 

only incidental to that business or employment." That exception likely does not apply to the 

proposed operations under this petition for exemption, as the flights are not incidental to the 

proposed aerial surveys and inspections but rather essential to it. Accordingly, this petition seeks

an exemption to § 61.113(a)'s commercial limitation and/or § 61.113(b)(1)'s requirement that the

flight be incidental to the business to benefit from the exception.

Equivalent Level of Safety

As required by the Manual, Petitioner's sUAS operators acting as PIC will hold a commercial 

and/or private pilot certification and have a rotorcraft rating. Because the sUAS will not carry a 
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pilot or passengers, the proposed operations can achieve the equivalent level of safety to § 

61.113 (a) and (b), by requiring the PIC operating the sUAS to have either a commercial and/or 

private pilot certification with rotorcraft rating.

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled with no living thing on board. Moreover, the area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance as set forth in the Manual.

The level of safety provided by the requirements included in the Manual exceeds that provided 

by a single individual holding a commercial pilot's certificate operating a conventional aircraft in 

accordance with § 61.113 (a) & (b). The risks associated with the operation of small, lightweight 

UAS are diminished from the level of risk associated with commercial operations contemplated 

by Part 61 when drafted, that allowing the proposed operations in this petition for exemption 

with a private pilot as the PIC exceeds the present level of safety achieved by §61.113 (a) & (b).

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

This petition seeks an exemption from the flight manual requirements of 14 C.F.R. §

91.9(b)(2), which states:

(b) No person may operate a U.S.-registered civil aircraft

(2) For which an Airplane or 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.

Given its size, configuration, and load capacity, the sUAS has no ability to carry such a manual 

on the aircraft, not only because there is no pilot on board, but because there is simply no room 

or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by maintaining the 

sUAS flight manual at the ground control point where the pilot flying the sUAS will have 

immediate access to it. Accordingly, Petitioner requests an exemption from §91.9(b)(2)'s flight 

manual requirements, on the condition that the sUAS flight manual be available at the control 

point during each operation.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

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

This petition seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil

aircraft be in an airworthy condition to be operated. Inasmuch there will be no airworthiness

certificate issued for the sUAS, should this exemption be granted, no FAA regulatory standard

will exist for determining airworthiness.

Equivalent Level of Safety
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Utility Aerial Services pilots that will be flying the sUAS have over 12,000 flight hours and a 

stellar safety record. Given the size of the sUAS and the requirements contained in the

Manual for maintenance and use of safety checklists prior to each flight, an equivalent level of 

safety will be provided.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

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

This petition seeks an exemption from § 91.103, which requires a PIC to become familiar with 

specific information before each flight, including information contained in the FAA approved 

Flight Manual on board the aircraft. Inasmuch as an FAA approved flight manual will not be 

provided for the sUAS, an exemption will be needed.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Aircraft Operations Manual 

comprehensive preflight checklist. The PIC will take all actions, including reviewing weather, 

flight battery requirements, landing and takeoff distances, and aircraft performance data, before 

initiation of flight.

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

This petition seeks an exemption from 14 C.F.R. § 91.109(a), which provides that (n)o

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. Instead, flight control is 

accomplished through the use of a control box that communicates with the sUAS via radio 

communications.

Equivalent Level of Safety

Given the size and speed of the sUAS, an equivalent level of safe training can still be 

performed without dual controls because no pilot or passengers are aboard the sUAS, and all 

persons will be a safe distance away should the sUAS experience any difficulties during flight 

instruction.

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.

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

This petition seeks an exemption from the minimum safe altitude requirements of 14

C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft 

may not operate, including 500 feet above the surface and away from any person, vessel, 

vehicle, or structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section § 91.119(d)(1) 
Page 7 of 10

allows for a helicopter to operate at less than those minimum altitudes when it can be operated 

“without hazard to persons or property on the surface,” Provided that “each person operating the 

helicopter complies with any routes or altitudes specifically prescribed for helicopters by the

FAA.

To provide the intended inspections, the sUAS will normally need to be operated within a range 

of approximately 50 feet from the utility-power generation line being inspected. Accordingly, 

due to the nature of the proposed operations, the PIC and the designated spotter

may at times be less than 500 feet away from structures during the operation, and an exemption

is therefore required.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighting far more than the maximum 55 lbs. 

proposed herein, and the lack of flammable fuel, any risk associated with these operations is 

far less than those presently presented with conventional aircraft. An equivalent level of safety 

will be achieved given the size, weight, speed of the UAS as well as the location where it is 

operated. As set forth in the Manual, the sUAS will be operated in a restricted area, where

buildings and people will not be exposed to operations without their pre-obtained consent.16 

No flight will be taken without the permission of the property owner and/or local officials. 

Because of the advance notice to the property owner and participants, all affected individuals 

will be aware of the planned flight operations as set forth in the Manual. Furthermore, by 

operating at such lower altitudes, the sUAS will not interfere with other aircraft that are 

subject to the minimum safe altitude regulations.

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

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating 

an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to 

the elevation of the departure airport or barometric pressure. An exemption is required 

because the sUAS does not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

The operator will confirm the altitude of the launch site shown on the GPS altitude indicator 

before flight. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the 

sUASs height, thus ensuring operation at safe altitudes.

K . 14 C . F . R . § 91.151(a): Fuel Requirements for F light in V F R Conditions.

This petition seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight 

in VFR conditions. Section 91.151 states:

(a) No person may begin 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 speed2

(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.
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The battery powering the sUAS provides approximately 25 minutes of powered flight. An 

exemption from the 30 minute reserve requirement in 14 CFR §91.151 is therefore required.

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights to 25 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 within its limited operating area. 

Operation of the sUAS 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.

Moreover, operation will be limited to controlled areas where only people and property 

owners, or official representatives who have signed waivers will be allowed.18

This request for exemption falls within the scope of prior exemptions. See e.g. Exemption

10673 (allowing Lockheed Martin Corporation to operate without compliance with § 91.151 

(a));

see also Exemptions 2689F, 5745, 10673, and 10808.

L . 14 C.F.R. § 91.203 (a) & (b): Carrying Civil A i r c r aft Certification and Registration.

This petition seeks an exemption from civil aircraft certification and registration 

requirements of 14 C.F.R. § 91.203 (a) and (b). The 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.

In addition to the fact that Petitioner is seeking an exemption from the airworthiness certificate 

requirements, an exemption to this regulation is necessary because (1) the sUAS’s load 

capacity and size does not allow it to carry certification and registration documents; (2) the 

sUAS does not have a cabin or cockpit entrance at which the documents could be displayed; 

and (3) there are no passengers or crew for whom the certificates need be displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed sUAS operations, 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.

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.
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M. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): 

Maintenance Inspections.

This petition seeks an exemption from the maintenance inspection requirements of 14

C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. An exemption to 

these regulations is needed because Part 43 and these sections apply only to aircraft with an 

airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the Aircraft Operations. 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.

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.

If mechanical issues arise, the UAS can land immediately and will be operating from no higher 

than 400 feet AGL. Moreover, the UAS's small size, carrying capacity, and the fact that flight 

operations will only take place in restricted areas for limited periods of time, create less risk 

than the same factors associated with conventional fixed-wing aircraft and rotorcraft 

performing the same operation.

How your request would benefit the public as a whole;

Approval of exemptions allowing commercial operations of small and lightweight sUAS in the 

utility aerial services industry benefits the public as a whole in numerous ways. It will benefit the 

public by alleviating human exposure to danger associated with aerial photography (example, 

full sized helicopter photography sessions). By using a sUAS, the user reduces the danger of 

taking pictures at low altitudes while inside a helicopter and reduces exposure to serious injury 

or death. These sUAS also are battery powered and will create no emissions. Should the sUAS 

ever crash, there is no fuel to cause an explosion or explode. This helps minimize ecological 

impact of accidents and exposing the general public to harmful emissions that are associated with 

manned aircrafts. Lastly, aerial photography is a useful tool to obtain a different perspective of a 

certain property and see the relevance and surrounding area. By using aerial photography, you 

are easily able to inspect a roof or rooftop appliances without having to climb or ascend 

dangerous areas and altitudes that are not recommended due to public safety. The public will 

greatly benefit from safe cost-effective services that sUAS can provide. 

Reasons why the exemption would not adversely affect safety or how the exemption would 

provide a level of safety at least equal to the existing rule;

Please see above areas noted under each section as “Equivalent Level of Safety.”
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A summary we can publish in the Federal Register Federal Register — The daily Federal 

Register contains four categories of documents: regulations (rules), proposed rules, notices, and 

Presidential documents. Rules published in the Federal Register keep the CFR current. Proposed 

rules solicit public comment on an agency's rules and encourage public participation in the 

rulemaking process. Notices provide information of interest to the public. stating—

 The rule Rule — A regulation written by the FAA to enact a statute. The FAA may grant 

an exemption from a rule, but not from a statute. from which you seek the exemption; and

 A brief description of the exemption you seek;

Any additional information, views, or arguments available to support your request; and

If you want to exercise the privileges of your exemption outside the United States, you must state 

the reason.

NA. No other areas outside the United States are being requested at this time.

If additional information is required, or if you have any additional questions regarding this 

Petition for Exemption, please contact Jonathan Pang at:

Jonathan TL Pang

Phone: (808) 753-7048

Email: jonathan.pang@locationshawaii.com