Glenmark Corp. 

6 Canyon Road Suite 300 

Morgantown, WV 26508 

(304) 599-3369 

1 

____________ ____, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

Aviation Regulations from 14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23 & § 45.29; 14 C.F.R. 

§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 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. § 121; 14 C.F.R. § 151 (a); 14 C.F.R. § 91.203 (a) & (b); 

14 C.F.R. §§ 401-417; and 8900.227 Paragraph 16 (c)(4) & 16 (e)(1). 

Dear Sir or Madam: 

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

and14 C.F.R. Part 11, Glenmark Corp., (Glenmark) seeks an exemption from the Federal 

Aviation Regulations (FARs) to allow commercial operation of its Unmanned Aircraft System 

(UAS) for aerial imaging of commercial structures and land and for safety monitoring of secured 

and controlled environment construction sites, so long as the operations are conducted within and 

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

333. 

Commercial operation of a UAS, as described herein, which is equipped with a camera and 

sensors, would operate in the following manner: 

- Aerial photography and/or inspection of commercial structures and land 

- Aerial photography and/or inspection of ongoing construction to monitor construction 

and remain on schedule. 

As described more thoroughly below, the requested exemption would permit the operation 

of the UAS under conditions in the National Airspace System (NAS) that would be 1) limited 2) 

controlled 3) predetermined and 4) would provide safety enhancements to the already safe 

operations of Glenmark. 

I. Background and Contact Information 

Glenmark has been in business for over thirty years, operating out of Morgantown, West 

Virginia. Glenmark and its affiliates are a full-service real estate acquisition, development, 

management and construction company. 

Glenmark Corp. Mark J. Nesselroad, 

6 Canyon Rd. Suite 300, Chief Operating Officer 

Morgantown, WV 26508 General Counsel 

Phone: 304-599-3369 Phone: 304-599-3369 ext. 114

www.glenmarkholding.com Email: mjnesselroad@glenmarkholding.com 
Glenmark Corp. 

6 Canyon Road Suite 300 

Morgantown, WV 26508 

(304) 599-3369 

2 

II. The Unmanned Aircraft System (UAS) 

Glenmark seeks an exemption to operate the DJI Phantom 2 Vision+. The DJI Phantom 2 

Vision+ is a vertical UAS with a Ground Control Station (GCS) utilizing an electronic tablet or 

smart phone as the UAS controller. The DJI Phantom 2 Vision+ has a maximum gross weight of 

approximately 3 pounds, while having a length of 16 inches, width of 16 inches, height of 8 

inches, and a maximum speed of approximately 29 knots. The DJI Phantom 2 Vision+ is 

equipped with four main rotors driven by Lithium Polymer battery electric motors. The applicant 

will only operate the UAS in line of sight within a predetermined area controlled and operated by 

the applicant. The DJI Phantom 2 Vision+ is described below, and further described in the 

manual attached. 

General Features of the DJI Phantom 2 Vision+: 

 Ready to fly 

 3-axis camera stabilization 

 Precision flight and stable hovering 

 Ground station support 

 Auto return home 

 14 MP photographs and HD video 

 Camera tilt control 

 Camera parameter settings 

 FAA no-fly zones locked out via installed software 

Transmitter of the DJI Phantom 2 Vision+ 

 Operating Frequency: 5.728 GHz-5.85 GHz 

 Communication Distance (open area): CE: 400m; FCC: 800m 

 Receiver Sensitivity (1% PER): -93dBm 

 Transmitter Power: CE: 25mW; FCC: 100mW 

 Working Voltage: 120 mA@3.7V 

 Battery: 5200 mAh LiPo Battery 

Camera of the DJI Phantom 2 Vision+ 

 Operating Environment Temperature: 0°C-40°C

 Sensor Size: 1/2.3" 

 Effective Pixels: 14 Megapixels 

 Resolution: 4384×3288 

 HD Recording: 1080p30 & 720p 

 Recording FOV: 110° / 85° 

Remote Control of the DJI Phantom 2 Vision+ 

 Operating Frequency: 5.728 GHz-5.85 GHz 

 Communication Distance (open area): CE: 400m; FCC: 800m 

 Receiver Sensitivity (1% PER): -93dBm 
Glenmark Corp. 

6 Canyon Road Suite 300 

Morgantown, WV 26508 

(304) 599-3369 

3 

 Transmitter Power: CE: 25mW; FCC: 100mW 

 Working Voltage: 120 mA@3.7V 

 Built-In LiPo Battery Working Current/Capacity: 3.7V, 2000mAh 

The DJI Phantom 2 Vision+ owned by Glenmark will be registered in accordance with 49 

U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R. Part 47, Aircraft Registration, and 

marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

III. Public Interest 

Granting this petition will further public interest by allowing Glenmark to perform aerial 

photography and video of commercial properties and construction sites more safely and 

efficiently. Glenmark’s UAS is battery operated and serves as a safe, efficient and economical 

alternative to the manned aircraft traditionally utilized to obtain aerial photographs. This 

exemption would reduce noise and air pollution, as well as increase the safety of life and 

property in the air and ground. 

Additionally, reducing the number of manned aircraft operating in the NAS, congestion 

around airports caused by arriving and departing aircraft will be reduced. Glenmark’s UAS does 

not require an airport to takeoff or land. This will also decrease the amount of aircrafts that must 

be handles by air traffic control during the ground, takeoff, departure, arrival and landing phases 

of flight operations. 

By using a UAS, Glenmark will be able to increase safety procedures when evaluating 

properties, specifically roofing issues and properties on steep terrain. The UAS will also further 

Glenmark’s adherence to construction schedules by allowing them to monitor the overall 

construction progress more efficiently. 

Finally, the use of a UAS will significantly reduce the carbon footprint associated with 

aerial photographs. The UAS will reduce the environmental impact by decreasing the energy 

used for aerial imaging over a construction site. Glenmark’s UAS uses rechargeable lithium 

polymer batteries, as opposed to fossil fuels burned in operation of small aircrafts, which are also 

hundreds of times heavier. 

IV. Level of Safety 

Glenmark proposes operation limitations, which provide an equivalent or higher level of 

safety required. Because of the size and the specific nature that it will be used in, the UAS poses 

no national security issue. Glenmark agrees to adhere to the following limitations and conditions, 

as well as any other conditions required by the FAA, when conducting commercial operations: 

- The UAS will weigh less than 10 pounds total (The DJI Phantom 2 Vision+ weighs 

approximately three pounds). 

- All flights will be operated within visual line of sight of the pilot. 

- Minimum crew for each operation will consist of the UAS pilot and the visual 

observer. 
Glenmark Corp. 

6 Canyon Road Suite 300 

Morgantown, WV 26508 

(304) 599-3369 

4 

- The pilot and the visual observer will be able to communicate by voice and/or radio at 

all times. 

- Maximum total flight time for each operational flight will be 25 minutes. Flights will 

be terminated at 25% battery power reserve or 25 minutes of flight time, whichever 

occurs first. 

- Flights will never exceed 400 feet above ground level (AGL). 

- The UAS will have a maximum operating speed of no more than 30 mph. 

- Flights will occur no closer than a 5 nautical mile radius of the geographic 

center/Airport Reference Point of a tower controlled or uncontrolled airport. 

- No flights will take place over densely populated areas or heavily trafficked roads. 

- All flights will be restricted to day only and weather conditions equivalent to VFR. 

- Glenmark will obtain verbal or written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 100 

feet of the flight operation. 

- If the UAS loses communications with the remote controller or loses GPS signal, the 

UAS will have the capability to return to a pre-determined location within a 

designated location and land autonomously. 

- Written or oral permission will be obtained from the necessary, surrounding property 

owners. 

- 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. 

- Prior to each flight, the pilot will conduct a pre-flight inspection and determine that 

the UAS is in a condition for safe flight. 

- The following pre-flight checklist will be checked before every flight: 

• Remote controller, aircraft battery, and mobile device are charged. 

• Propellers are mounted correctly and firmly. 

• Micro-SD card has been inserted if necessary. 

• Gimbal is functioning as normal. 

• Motors can start and are functioning as normal. 

• DJI Pilot app is connected to the aircraft. 

V. Privacy 

All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Images taken will be of individuals who have also consented to 

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

VI. Regulations From Which The Exemption is Requested 
Glenmark Corp. 

6 Canyon Road Suite 300 

Morgantown, WV 26508 

(304) 599-3369 

5 

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

This Part establishes the procedures for the issuance of an airworthiness certificate. Given 

the size and limited operating area associated with the aircraft to be utilized by Glenmark, 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 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 operating with an airworthiness certificate without the restrictions and 

conditions proposed. 

Glenmark’s UAS is less than 10 pounds, carries neither a pilot nor a passenger, carries no 

explosive materials or flammable liquid fuels, and will operate exclusively within a secured and 

designated area. Unlike other civil aircraft, UAS flights under this exemption will be tightly 

controlled and monitored by both an operator and a visual observer, as well as in compliance 

with local public safety requirements. These safety enhancements 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. Finally, Glenmark’s UAS 

poses no threat to national security due to its size, speed of operation, location of operation, lack 

of explosive materials and flammable liquid fuels, and inability to carry a substantial external 

load. 

B. 14 C.F.R. § 45.23 & § 45.29 – Display of Marks; General and Size of Marks 

These regulations state that each aircraft must display “N” and the aircraft’s registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word, 

“Experimental”, in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot 

station. Glenmark’s UAS does not have an entrance in which the word, Experimental, can be 

placed. To achieve an equivalent level of safety of this section, Glenmark will include the word, 

Experimental, in the placard on the top of the aircraft, where the pilot, visual observer and others 

in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. 

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

Command 

Under this regulation, no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. 

However, Glenmark’s UAS does not carry pilots, passengers or property. The number of risks 

associated with UASs is far less than the number of risks related with commercial activities 

associated with this section. Therefore, the operation and limitations set forth in this petition will

equate to the required safe operations. 
Glenmark Corp. 

6 Canyon Road Suite 300 

Morgantown, WV 26508 

(304) 599-3369 

6 

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

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

condition. Because there will be no airworthiness certificate issues for this aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

However, given the size of the aircraft and the pre-flight safety checklist laid out above, an 

adequate level of safety will be maintained. 

E. 14 C.F.R. § 91.9 (b)(2) – Civil Aircraft Flight Manual, Marking, and Placard 

Requirements 

This regulation provides that no person may operate a U.S. registered civil aircraft unless 

there is an Airplane or Rotocraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof available in the aircraft. The UAS owned by Glenmark has 

no ability or place to carry such flight manual because of its size and configuration. Additionally, 

there is no pilot on board the UAS. Adequate levels of safety will be maintained by keeping the 

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

access to it. 

F. 14 C.F.R. § 91.103 – Pre-Flight Action 

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

insure the safety of the flight. An exemption is needed from this requirement as the pilot will 

take separate pre-flight actions, including checking the weather conditions, checking flight 

battery levels, checking takeoff and landing distances, and all other actions in the Preflight 

Checklist in the Manual. These actions will provide an equivalent level of safety. 

G. 14 C.F.R. § 91.109 – Flight Instruction; Simulated Instrument Flight and Certain Flight 

Tests 

This regulation states that “no person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls.” UAS and remotely 

piloted aircraft, by 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. The 

equivalent level of safety will be met by the fact that neither a pilot nor passengers will be 

carried in the UAS and by the size and speed of the UAS. 

H. 14 C.F.R. § 91.119 – Minimum Safe Altitudes: General 
Glenmark Corp. 

6 Canyon Road Suite 300 

Morgantown, WV 26508 

(304) 599-3369 

7 

This regulation established safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimum altitude prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for helicopters by 

the FAA. This exemption is for a multi-rotor craft that flies similarity to a helicopter, with 

vertical takeoff and landing. Since the aircraft will be operating at a maximum of 400 feet AGL, 

Glenmark cannot comply with this requirement and an exemption is needed. 

To maintain equivalent levels of safety, the UAS will be operated in restricted areas and 

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

The equivalent level of safety will also be maintained because of the size, weight, and speed or 

the UAS. Additionally, unlike flight operations with aircraft or rotocraft weighing far more than 

10 pounds, Glenmark’s UAS will not carry flammable fuel. The low-altitude of operations will 

also ensure separation between UAS operations and the operations of conventional aircraft that 

must comply with this regulation. 

I. 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 this UAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the Manual and Safety Check List, confirming the 

latitude of the launch site shown on the GPS altitude indicator before flight. 

J. 14 C.F.R. § 91.151 (a) – Fuel Requirements For Flight in VFR Conditions 

This regulation provides that 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 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 UAS provides approximately 20 to 25 minutes of powered flight. 

Since the UAS will never fly more than 3⁄4 NM from the point of intended landing, a full battery 

charge at launch will ensure that Glenmark meets the reserve requirement of this regulation. 

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. 

The intent of this regulation appears to be to provide an energy reserve as a safety buffer 

for delays to landing. Glenmark believes that an exemption from this regulation falls within the 

scope of prior exemptions. Operating the 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 cause the type of risks that this regulation was intended 

to alleviate given the size and speed of the UAS. An equivalent level of safety can be achieved 

by limiting flights to 25 minutes or 25% of battery power, whichever occurs first. This restriction 
Glenmark Corp. 

6 Canyon Road Suite 300 

Morgantown, WV 26508 

(304) 599-3369 

8 

would be more than adequate to return the UAS to its planned landing zone form anywhere in its 

limited operating area. 

K. 14 C.F.R. § 91.203 (a) & (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. 

Glenmark’s UAS weighs no more than 10 pounds 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 UAS. An equivalent level of safety will be achieved by keeping these documents at 

the ground control point where the pilot flying the UAS will have immediate access to them; to 

the extent they are applicable to the UAS. 

L. 14 C.F.R. §§ 91.401 – 417 – Maintenance, Preventive Maintenance, Alterations 

These regulations provide that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 

and 91.409 require that the aircraft be “approved for return to service by a person authorized 

under 43.7” after maintenance and inspection. 

Given that these regulations and Part 43 apply only to aircraft with an airworthiness 

certificate, these regulations will not apply to the applicant. Maintenance will be accomplished 

by the operator pursuant to the flight manual and operating handbook. An equivalent level of 

safety will be achieved because the UAS is very limited in size and will operate only in restricted 

areas for a limited period of time. If mechanical issues arise the UAS can land immediately and 

will operating from no higher than 400 feet AGL. 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. Maintenance performed by Glenmark is limited to repairing small 

cracks, replacing a propeller, checking electrical connections and updating software and 

firmware for the on-board computer. All other maintenance will be performed by the 

manufacturer or their designated repair facility. 

Furthermore, 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. 

Additionally, an equivalent level of safety will be achieved because maintenance and inspections 

will be performed in according with the UAS Manufacturer’s User Manual. Overall, due to the 

size, construction and simplicity of the UAS, Glenmark can ensure an equivalent level of safety. 
Glenmark Corp. 

6 Canyon Road Suite 300 

Morgantown, WV 26508 

(304) 599-3369 

9 

M. 8900.227 Paragraph 16(c)(4) and 16(e)(1) – PIC Medical and Observer Medical 

This policy provides that both the pilot and visual observer must have a valid FAA secondclass medical certificate issued under Part 67 in order to perform as a pilot or observer. The UAS 

maximum gross weight is less than 10 pounds, it is constructed of plastic and the pilot is not on 

board. Both the pilot and the visual observer are required to be in visual line of sight (VLOS). 

Given the unlikely event that both the pilot and the visual operator become medically 

incapacitated while the aircraft is in flight, the UAS will return autonomously to the site of 

launching and land without crew intervention. 

Therefore, requiring the pilot and visual observer to meet the same medical requirements as 

commercial pilot carrying passengers in a large aircraft is an unnecessary burden. Glenmark 

proposes that the minimum medical requirements for the pilot and visual observer be vision 

corrected to 20/20 and a valid, state issued driver’s license. The 20/20 vision requirement will 

ensure that the pilot and visual observer can see and avoid air traffic. Additionally, a licensed 

driver is medically qualified to operate a much larger vehicle. 

VII. 14 C.F.R. Part 11 – Summary 

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. Part 21, Subpart H; 14 

C.F.R. § 45.23 & § 45.29; 14 C.F.R. § 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 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. § 121; 14 C.F.R. § 

151 (a); 14 C.F.R. § 91.203 (a) & (b); 14 C.F.R. §§ 401-417; and 8900.227 Paragraph 16 (c)(4) 

& 16 (e)(1) to operate, commercially, a small unmanned vehicle in construction operations. 

Approval of exemptions allowing commercial operations of UASs in the construction 

industry enhances safety while reducing risk. Manned aircraft monitoring and surveying creates 

a greater risk because the aircraft is much larger, has combustible fuel, and carries an onboard 

human pilot, as well as leaving a larger carbon footprint on the environment. In contrast, a UAS 

weighing less than 10 pounds and powered by batteries eliminates virtually all of that risk given 

the reduced mass and lack of crew and combustible fuel and carried on board. 

The operation of small UASs conducted in the limitations detailed above, provides 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 restricted area. As 

a result, UASs are safer than conventional operations conducted with turbine helicopters 

operating in close proximity to the ground and people. 

Glenmark is prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. Please contact us at any time if additional information or clarification 

is needed. 
Glenmark Corp. 

6 Canyon Road Suite 300 

Morgantown, WV 26508 

(304) 599-3369 

10 

Sincerely, 

Mark J. Nesselroad 

Chief Operating Officer & General Counsel 

Glenmark Corp. 

6 Canyon Road, Suite 300 

Morgantown, WV 26508 

D: 304-413-0497 

O: 304-599-3369 ext. 114 

F: 304-599-3285 

mjnesselroad@glenmarkholding.com

www.glenmarkholding.com