Owner/Operator: Chris Mercer [908-783-5428]

310 Eastham Rd, Point Pleasant, NJ 08742

Mercer Design Center

310 Eastham Rd

Point Pleasant, NJ 08742

Phone: 908-783-5428

Email: mercer@m2menergy.com

August 4, 2015

U.S. Department of Transportation (DOT) 

Docket Operations, M-30

1200 New Jersey Avenue., SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

Re: Exemption Request Section 333 of the FAA Reform Act of 2012

To whom it may concern,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section 333 of 

the FAA Modernization and Reform Act of 2012, Mercer Design Center (MDC), an operator of small Unmanned

Aircraft Systems (sUAS), seeks exemption from the sections of Title 14 C.F.R [Federal Aviation Regulations] to

permit commercial operations of its sUAS fleet:

• DJI F450 Quadcopter w/ gopro camera gimbal

• DJI S900 Hexacopter w/ SLR camera gimbal

• Matrix E Quadcopter w/ SLR camera gimbal

MDC's requested exemption would permit the following operations of MDC's sUAS fleet to capture

photographic and video information for (but not limited to) the telecommunications industry: 

Telecommunications: Cellular tower inspections, audits, etc.

• operations are under controlled conditions within cellular tower airspace which is: (i) limited, (ii) 

predetermined, (iii) subject to controlled access through our customers, and (iv) provides greater safety 

in connection with aircraft operations in the telecommunication industry.

• mitigate the use of technician climbers on several scopes of work, lowering cost and saving lives

• increased turnover rates puts sites back on air/service faster, including emergency services utilizing 

cellular towers

The majority of MDC’s sUAS flights will be in the telecommunications industry and be flown to achieve an aerial 

view and video recording of wireless provider antennas and lines that are secured to vertical towers (also 

commonly known as cell phone towers). MDC’s sUAS flights will also be used to view and record open antenna 

locations on towers for potential future modifications and additions. Video data captured from the flights will be 

analyzed to identify any site damage including: lightning strikes, FAA mandated tower strobe lights, shelter and 

cabinet roofs, ice bridge infrastructure, tower steel components and coax cable tears. Sending a sUAS to view 

and record the physical status of antennas saves multiple trips up and down the tower that are currently 

performed by technicians. Strobe lighting is used to identify a tower in darkness or in bad weather conditions for 

low flying airplanes or aircrafts. Without properly functioning strobe lighting, towers and more importantly low 

flying aircrafts could be at risk of hitting a cell tower. Equipment shelter and cabinets will also be viewed for 

damage from falling tree limbs or leaks from weather damage can be assessed before being repaired. The ice 

bridge protects the coaxial cables leaving the shelter or cabinet to the antennas from falling tree limbs, snow and 

ice, tools from tower climbers, and debris or equipment falling from the tower. From the ground, a minimum 

amount of damage can be observed. Most auditors and technician would not have proper safety equipment on 
Owner/Operator: Chris Mercer [908-783-5428]

310 Eastham Rd, Point Pleasant, NJ 08742

hand to properly assess the shelter and cabinet roofs as well as the ice bridges. With a sUAS flight, these damages 

can be assessed easily, safely and quickly.

In addition to telecommunications, the following industries will be included as part of MDC's sUAS service base. 

As with cellular tower sites, construction and real estate work will be conducted on private, restricted properties 

with little to no bystanders in the vicinity of any sUAS operations.

Construction: Residential/Commercial

• aerial photos for design and construction planning

• aerial photos of construction progress and completion

• property, building and equipment inspections

• mapping and survey

Real Estate: Residential/Commercial

• property photos and video promotion

• property tours

Information Supporting this Petition as Specified in 14 C.F.R. §11.81

(a) Your name and mailing address and, if you wish, other contact information such as a fax number, telephone

number, or e-mail address;

Mercer Design Center

Christopher Mercer

President, CEO

Re: Exemption Request

310 Eastham Rd

Point Pleasant, NJ 08742

Phone: 908-783-5428

Email: mercer@m2menergy.com

(b) The specific section or sections of 14 C.F.R. from which MDC seeks an exemption

• 21 – Subpart H Certification procedures for products and parts, Airworthiness Certificates

• 45.23 – Display of marks; general

• 61.113 - Private pilot privileges and limitations: Pilot in command

• 91.103 – Preflight Actions

• 91.105 – Flight crewmembers at stations

• 91.109 – Flight instruction; Simulated instrument flight and certain flight tests

• 91.119 – Minimum safe altitudes: General

• 91.121– Altimeter settings

• 91.151– Fuel requirements for flights in Visual Flight Rules (VFR) conditions

• 91.203 – Civil aircraft: certification required

• 91.405 – Maintenance required

• 91.407 – Operation after maintenance, preventative maintenance, rebuilding, and 

alteration

• 91.409 – Inspections

• 91.417 – Maintenance records

 We believe an exemption from the above regulations will allow MDC to conduct the 

needed work as described above.
Owner/Operator: Chris Mercer [908-783-5428]

310 Eastham Rd, Point Pleasant, NJ 08742

(c) The extent of relief MDC seeks, and the reason MDC seeks the relief

MDC seeks an exemption for several provisions of 14 C.F.R. Parts 21, 45, 61, and 91 to the extent to

operate small UASs around cellular towers and compound facilities.

MDC seeks exemption from 14 C.F.R. 21, Subpart H which states the certification procedures for products

and parts as well as airworthiness certificates. Due to the limited airspace that MDC will be using at cellular

locations, we are seeking exemption to the airworthiness certification process. MDC has developed our own 

training procedures and regulations to promote and provide safe flying experiences for our PIC(s) which can be

viewed in section (e) of this petition.

MDC seeks exemption from 14 C.F.R. 45.23, which discusses the display of marks. Specifically, section 

45.23 states, “(a) each operator of an aircraft must display on that aircraft marks consisting of the Roman capital 

letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each suffix

letter used in the marks displayed must also be a Roman capital letter (b) 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”. MDC will need

exemption from this regulation due to the small size of the aircraft and that there is no cabin, cockpit, or pilot

station for the aircraft.

MDC seeks exemption from 14 C.F.R. 61.113, which discusses private pilot privileges and limitations for 

the Pilot in command (PIC). Specifically, section 61.113 states “(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 (c) A private

pilot may not pay less than the pro rata share of the operating expenses of a flight with passengers, provided the

expenses involve only fuel, oil, airport expenditures, or rental fees. (d) A private pilot may act as pilot in command

of a charitable, nonprofit, or community event flight described in §91.146, if the sponsor and pilot comply with 

the requirements of §91.146. (e) A private pilot may be reimbursed for aircraft operating expenses that are

directly related to search and location operations, provided the expenses involve only fuel, oil, airport

expenditures, or rental fees, and the operation is sanctioned and under the direction and control of: (1) A local, 

State, or Federal agency; or (2) An organization that conducts search and location operations. (f) A private pilot

who is an aircraft salesman and who has at least 200 hours of logged flight time may demonstrate an aircraft in 

flight to a prospective buyer. (g) A private pilot who meets the requirements of §61.69 may act as a pilot in 

command of an aircraft towing a glider or unpowered ultralight vehicle. (h) A private pilot may act as pilot in

command for the purpose of conducting a production flight test in a light-sport aircraft intended for certification

in the light-sport category under §21.190 of this chapter, provided that— (1) The aircraft is a powered parachute

or a weight-shift-control aircraft; (2) The person has at least 100 hours of pilot-in-command time in the category

and class of aircraft flown; and (3) The person is familiar with the processes and procedures applicable to the

conduct of production flight testing, to include operations conducted under a special flight permit and any

associated operating limitations”. MDC is seeking exemption from this regulation, because MDC believes that

there is inconclusive evidence that a person with a private pilot certificate can successfully maneuver a sUAS

without first hand flight experience with the particular sUAS. Therefore, we believe our own flight training with

the sUAS will be more than satisfactory.

MDC seeks exemption from 14 C.F.R. 91.103, which discusses pre-flight actions. Specifically, section 

91.103 states, “Each pilot in command shall, before beginning a flight, become familiar with all available 

information concerning that flight. This information must include: (a) For a flight under IFR or a flight not in the

vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight
Owner/Operator: Chris Mercer [908-783-5428]

310 Eastham Rd, Point Pleasant, NJ 08742

cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC; (b) 

For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance

information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff 

and landing distance data is required, the takeoff and landing distance data contained therein; and (2) For civil 

aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the

aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft 

gross weight, and wind and temperature”. An exemption is requested from section 91.103, as FAA approved 

rotorcraft flight manuals will not be used. In the absence of the flight manuals the PIC will take all pre-flight 

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

performance data before starting a flight.

MDC seeks exemption from 14 C.F.R. 91.105, which discusses flight crewmembers at stations. Specifically,

91.105 states “(a) During takeoff and landing, and while en route, each required flight crewmember shall (1) Be at

the crewmember station unless the absence is necessary to perform duties in connection with the operation of 

the aircraft or in connection with physiological needs; and (2) Keep the safety belt fastened while at the 

crewmember station. (b) Each required flight crewmember of a U.S.-registered civil aircraft shall, during takeoff 

and landing, keep his or her shoulder harness fastened while at his or her assigned duty station. This paragraph

does not apply if (1) The seat at the crewmember's station is not equipped with a shoulder harness; or (2) The

crewmember would be unable to perform required duties with the shoulder harness fastened. MDC will need 

exemption from this regulation due to the fact that the sUAS will not have a flight crew or crew stations other

than the PIC. The PIC will also not have to be restrained into a seat via shoulder harness or safety belt at the time 

of the flight.

MDC seeks exemption from 14 C.F.R. 91.109, which discusses flight instruction, simulated instrument

flight, and certain flight tests. Specifically, 91.109 states “(a) 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. However, instrument flight instruction may be given in an airplane that is equipped with a single, 

functioning throw over control wheel that controls the elevator and ailerons, in place of fixed, dual controls, when

(1) The instructor has determined that the flight can be conducted safely; and (2) The person manipulating the

controls has at least a private pilot certificate with appropriate category and class ratings. (b) An airplane

equipped with a single, functioning throw over control wheel that controls the elevator and ailerons, in place of 

fixed, dual controls may be used for flight instruction to conduct a flight review required by §61.56 of this chapter,

or to obtain recent flight experience or an instrument proficiency check required by §61.57 when (1) The airplane

is equipped with operable rudder pedals at both pilot stations; (2) The pilot manipulating the controls is qualified 

to serve and serves as pilot in command during the entire flight; (3) The instructor is current and qualified to serve

as pilot in command of the airplane, meets the requirements of §61.195(b), and has logged at least 25 hours of 

pilot-in-command flight time in the make and model of airplane; and (4) The pilot in command and the instructor 

have determined the flight can be conducted safely. (c) No person may operate a civil aircraft in simulated 

instrument flight unless (1) The other control seat is occupied by a safety pilot who possesses at least a private

pilot certificate with category and class ratings appropriate to the aircraft being flown. (2) The safety pilot has 

adequate vision forward and to each side of the aircraft, or a competent observer in the aircraft adequately

supplements the vision of the safety pilot; and (3) Except in the case of lighter-than-air aircraft, that aircraft is

equipped with fully functioning dual controls. However, simulated instrument flight may be conducted in a singleengine airplane, equipped with a single, functioning, throw over control wheel, in place of fixed, dual controls of 

the elevator and ailerons, when (i) The safety pilot has determined that the flight can be conducted safely; and (ii)

The person manipulating the controls has at least a private pilot certificate with appropriate category and class 

ratings. (d) No person may operate a civil aircraft that is being used for a flight test for an airline transport pilot

certificate or a class or type rating on that certificate, or for a part 121 proficiency flight test, unless the pilot

seated at the controls, other than the pilot being checked, is fully qualified to act as pilot in command of the 

aircraft”. Again, MDC believes that there is inconclusive evidence that a person with a private pilot certificate or 

license can successfully maneuver or train someone to use an sUAS without first hand flight experience with the

particular sUAS. Therefore, we believe our own flight training and first hand experiences with the sUAS will be
Owner/Operator: Chris Mercer [908-783-5428]

310 Eastham Rd, Point Pleasant, NJ 08742

satisfactory. Also, the sUAS will be operated by a remote control, which will only require a one person operator 

and dual controls will not be necessary.

MDC seeks exemption from 14 C.F.R. 91.119, which discusses minimum safe altitudes. Specifically, 14

C.F.R. 91.119 states “Except when necessary for takeoff or landing, no person may operate an aircraft below the

following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue

hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town, 

or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle

within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet

above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be

operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, 

and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the 

surface— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this

section, provided each person operating the helicopter complies with any routes or altitudes specifically

prescribed for helicopters by the FAA; and (2) A powered parachute or weight-shift-control aircraft may be

operated at less than the minimums prescribed in paragraph (c) of this section”. MDC seeks exemption from this

regulation due to the fact that cell towers are less than 500ft and we will be flying in close proximities of the

towers to gather our information.

MDC seeks exemption from 14 C.F.R. 91.121, As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is

inapplicable since the UAS does not have an altimeter and instead utilizes electronic GPS with a barometric 

sensor for altitude information.

MDC seeks exemption from 14 C.F.R. 91.151, which discusses fuel requirements for flight in VFR 

conditions. Specifically, 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 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. (b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes”. MDC’s sUAS 

has a maximum flight time of 25 minutes which is less than the 30 minute reserve minimum. This reserve

minimum would not even allow MDC’s SUAS a chance to fly. In MDC’s aircraft flight manual, the PIC is instructed

to maintain flight until battery power reaches 25%. MDC believes the restraint issued in our aircraft flight manual 

achieves a satisfactory safety standard to go by. This restriction would also be more than adequate to return the

sUAS to its home point or pre-determined landing-zone from anywhere in its already limited operating area.

MDC’s sUAS will not be flown during night or late evening hours.

MDC seeks exemption from 14 C.F.R. 91.203, which discusses civil aircraft required certifications. 

Specifically, 91.203 states “(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. Each U.S. airworthiness certificate

used to comply with this subparagraph (except a special flight permit, a copy of the applicable operations

specifications issued under §21.197(c) of this chapter, appropriate sections of the air carrier manual required by

parts 121 and 135 of this chapter containing that portion of the operations specifications issued under §21.197(c),

or an authorization under §91.611) must have on it the registration number assigned to the aircraft under part 47

of this chapter. However, the airworthiness certificate need not have on it an assigned special identification

number before 10 days after that number is first affixed to the aircraft. A revised airworthiness certificate having

on it an assigned special identification number, that has been affixed to an aircraft, may only be obtained upon 

application to an FAA Flight Standards district office. (2) An effective U.S. registration certificate issued to its

owner or, for operation within the United States, the second copy of the Aircraft registration Application as

provided for in §47.31(c), or a registration certification issued under the laws of a foreign country. (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. (c) No person may operate an aircraft with a fuel tank installed within the passenger
Owner/Operator: Chris Mercer [908-783-5428]

310 Eastham Rd, Point Pleasant, NJ 08742

compartment or a baggage compartment unless the installation was accomplished pursuant to part 43 of this 

chapter, and a copy of FAA Form 337 authorizing that installation is on board the aircraft. (d) No person may

operate a civil airplane (domestic or foreign) into or out of an airport in the United States unless it complies with

the fuel venting and exhaust emissions requirements of part 34 of this chapter”. MDC believes that an

appropriate and current airworthiness certificate would not be necessary to fly a sUAS given the size of the 

aircraft and the necessary level of skill needed to operate the aircraft. MDC seeks exemption from this regulation 

because we believe this rule was not meant for a sUAS and operators.

MDC seeks exemption from 14 C.F.R. 91.405, 91.407, 91.409, and 91.417, which discusses required 

aircraft maintenance, operation after maintenance, preventive maintenance, rebuilding, or alteration, 

inspections, and maintenance records. In MDC’s aircraft flight manual, maintenance and inspection procedures

have been established for the aircraft. MDC believes these regulations are meant for manned operated aircrafts

and not unmanned systems, therefore making them unnecessary. Nevertheless, we seek an exemption from any

such specific provisions to the extent FAA finds it necessary to grant this request.

(d) The reasons why granting MDC’s request would be in the public interest; that is, how it would benefit the 

public as a whole

MDC is classified as service provider to the wireless industry. Wireless services have become a major 

backbone for nationwide 911 emergency response and MDC’s use of a sUAS can assist in verifying that the

components that make up that backbone are fully functional and in proper repair. With MDC’s sUAS usage in the

wireless industry, we will be able to gather valuable information to help increase safety and productivity. In

addition, the sUAS flights will minimize the need for technicians to climb towers, putting fewer lives in danger. 

Ultimately, tower climbers will still be needed to install tower equipment, but a sUAS will decrease the amount of 

times a climber will be needed.

(e) The reasons why granting the exemption would not adversely affect safety, or how the exemption would

provide a level of safety at least equal to that provided by the rule from which MDC seeks exemption

Our sUAS department will provide a level of safety that exceeds the level of safety required by the FAA for its use

on sUAS. The following are MDC’s safety procedures, features, regulations, and operating specifications for our 

sUAS:

• The Pilot In Command (PIC) and potential observers will be required to wear hard hats, safety vests, and safety

glasses to protect the head and eyes from potential mishaps during given operational flights including training or

testing of sUAS.

• The flight area of the sUAS will be observed for best take off and landing locations. Desired conditions include: flat

and level surfaces clear of debris, at least 15ft from power lines and structures, and a minimum distance of 12ft from

the PIC and observers.

• The sUAS will also be in the Visual Line of Sight (VLOS) to both the PIC and potential observers during all flights.

• Flights must take place during good weather conditions with no rain, low laying clouds, or heavy winds. All flights

will take place during daylight hours with no evening or late night flights.

• The PIC(s) of the sUAS will at least have 7 training hours or 15 flights accrued before being designated working

flights around cellular communication towers.

• The sUAS will have safety bumpers, sold by the manufacturer, installed around the propellers to protect the

propellers, structures and persons from damage and injury.

• All batteries must be charged completely before each flight and each flight must end when the battery has a 25%

power level remaining.

• A visual safety inspection will occur before each flight testing propeller tightness, lens cap removals, bumper guards 

installed properly, mobile device positioned correctly onto remote, and proper safety equipment is adorned to PIC 

and observers.

• The sUAS will be flown under a height of 500 ft AGL and in less than a 10,000 square feet area.

• No operator or potential observer will engage in, nor may an operator or potential observer permit, any activity

during a critical phase of flight so as to ensure that the sUAS is in a condition for safe flight operation and in a 

configuration appropriate for the purpose of the intended flight.
Owner/Operator: Chris Mercer [908-783-5428]

310 Eastham Rd, Point Pleasant, NJ 08742

• If there is more than just an operator at a site during a flight, the operator and observer(s) will maintain two-way

communication with each other during all operations; if unable to maintain two-way communications, or if any

condition occurs that may otherwise cause the operation to be unsafe, the operator will immediately conclude the

operation.

• If the communication link is lost, the sUAS will go into fail-safe mode and safely descend to its designated homepoint location. If the communication link is reconnected during fail-safe mode, control of the sUAS can be regained 

before landing occurs at the home-point location.

• There is no fuel or payload to the sUAS, therefore there will be no potential explosives or risk of explosion if a crash

occurs with the sUAS.

• The sUAS will feature a built in compass that will be recalibrated at every site to maintain accurate directional 

readings. The compass will also help in keeping the sUAS stable during flights.

• The sUAS will record GPS location data once Ready to Fly status has been obtained. A minimum of 6 satellites will 

activate the Ready to Fly status.

• sUAS to be utilized: DJI F450, DJI S900 and Matrix E. Specifications on each model can be found in the attachments.

(f) A summary FAA can publish in the FEDERAL REGISTER, stating: (1) The rule from which you seek the 

exemption; and (2) A brief description of the nature of the exemption you seek

Petitioner: Mercer Design Center, LLC

Sections of 14 C.F.R. Affected: 21 Subpart H; 45.23(b); 61.113(a)(b); 91.103; 91.105; 91.109;

91.119(c); 91.121(a)(1)(iii); 91.151(a)(1); 91.203; 91.405; 91.407; 91.409; and 91.417

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. 21

Subpart H; 45.23(b); 61.113(a)(b); 91.103; 91.105; 91.109; 91.119(c); 91.121(a)(1)(iii); 91.151(a)(1);

91.203; 91.405; 91.407; 91.409; and 91.417 to conduct cellular tower and compound surveys for wireless

providers on their properties and subject to operating procedures that meet or exceed those that FAA requires.

(g) Any additional information, views or arguments available to support your request

Please see the introduction to this exemption request.

(h) If you want to exercise the privileges of your exemption outside of the United States, the reason why you 

need to do so

The Operations described in this exemption request will be conducted wholly within the United States.

Thank You,

Christopher Mercer

President, CEO

Mercer Design Center, LLC