U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590
SUBJECT: Section 333

- Petition for Exemption Dear Sir or Madam: Excel Aerial Services Group LLC is requesting an exemption under the following FAR's: Part 21, §§45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 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), and 91.417(a) and (b) of Title 14, Code of Federal Regu lations (14 CFR). The proposed exemptions, if granted, would allow operati on of unmanned aircraft systems (UAS) for the purpose of collection aerial data for var ious clients . Such data would inclu de aerial building inspections, aerial photography, and infrared (IR) remote sensing applications. The petitioner requests relief from the following regulations: Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness ce rti fic ates, and airworthiness approvals.
Secti on 45.23(b) prescribes, in perti nent part, that when marks include only the Roman capital letter "N" and the registration number is displayed on li mited, 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

- spo rt," "experimental," or "provisional," as applicable. Section 61.113(a) and (b) prescribes that

- (a) 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; nor 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 doe s not carry passengers or property for compensation or hire.
Section 91.7 (a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an airworthy condit ion. Section 91.9(b)(2) prohibits operation of U.S.

- registered civil aircraft 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.
S ection 91.103 prescribes, in pert inent part, that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight, to include

For a flight under IFR or a flight not in the vicinity of an ai rport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC;(b) For any f light, 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 co ntained therein; and (2) For civil aircraft other than those specified in paragraph (b)(l) 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.
Sect ion 91.109 prescribes, in pertinent part, that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruct ion unless that aircraft has fully functioning dual controls. Section 91.119 prescribes that, 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 u ndue 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 hi ghest obstacle within a horizontal radius of2,000 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 cl oser than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight

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- 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; (2) A powered parachute or weight

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- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section. Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter t hat is set "to the elevation of the departure airport or an appropriate altimeter setting available before departure." Section 91.151(a) prescribes 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. [emphas is added]
Section 91.203 (a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner o r, for operation within the United States, the secondcopy of the Aircraft Registration Application as provided for in § 4 7.31 (c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness certi ficate 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. Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescrib ed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter. Section 91.407(a)(l) prohibi ts, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under§ 43.7 of the same chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with pmi 21 of this chapter. Section 91.417(a) and (b) prescribes, in pertinent part, that: (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, an d alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include: (i) A description (or reference to data acceptable to the Administrator) of the work performed; (ii) The date of completion of the work performed; and (iii) The signature and certificate number of the person approving the aircraft for return to service

. (2) Record s containing the following infor mation: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, in cluding the time since the last inspection required by the inspe ction program under which the aircraft and its inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compl iance, the AD or safety directive number and revision date. If the AD or safety directive involvesrecurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major altera tion to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(l) of this section shall be retai ned until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. The petitioner supports its request with the following information: Unmanned Aircraft System The UAS proposed by the petitioner is a proprietary design, conceived and constructed by DJI, and referred to as the DJI Phantom 3 . This aircraft has four rotors and four motors in a quadcopter configuration (X4). The petitioner states that given the size, weight, speed, and limited operating area associated with the aircraft to be utilized by the applicant, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of the FAA Modernization and Reform Act of 2012 (PL 112

- 95). The petitioner further states that UAS operate d without an airworthiness certi ficate in the restricted environment and under the conditions and limitations proposed by the petitioner will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness cert ificate issued under 14 CFR part 21, Subpart H and not subject to the proposed conditions and limitations. • The petitioner states that the unmanned aircraft (UA) to be operated under this request is less than 10 lbs with equipment loaded, flies at a speed of no more than 40 knots, carries neither a pilot nor passenger, carries no explosive materials or flamma ble liquid fuels. • The petitioner states that they will be operating their UA within Visual Line of sight. The operator will maintain visual contact with the UA without the aid of binoculars or any other method to see the UA • The petitioner further describes that, in the event the UAS loses communications or its GPS signal, the UA will have the cap ability to return to a pre

- dete r mined location within the Security Perimeter and land. It will also have the capability to abort a flight in the event of unpredicted ob stacles or emergencies. • The petitioner also states that the unmanned aircraft will be flown under 400 ft AGL. The DJI Phantom has an altitude read out which will be displayed on a video monitor along with a separate display on an IPAD. The altimeter will be reset to ground leve l at an altitud e of zero feet. This will be part of a before flight checklist. A pre

-flight, before takeoff checklist will be read and complied with for every flight. All of the flights will be operated in Class G airspace at this time. If flights occur un der the shelf or inside Pittsburgh class B airspace. A COA application will be submitted. Notification to the local FSDO will be complied with. After communication with the FSDO appropriatelocal air traffic control will be n otified for and appropriate NOTAM to be filed.

• The petitioner states that the radio remote control that operates the UA is in FCC compliance. The device complies with part 15 of th e FCC rules. The petitioner states that even though its UAS will have no airworthiness certificate, an exemption may be needed from 14 CFR § 45.23 as the UA will have no entrance to the cabin, cockpit, or pilot station on which the word "experimental" can be placed. Given the size of the UA, the petitioner notes that the two

- inch lettering will be impossibl e. The petitioner asse1is that an equivalent level of safety will be provided by having the UA marked with the word "experimental" on the fuselage in compliance with 14 CFR § 45.29(f), in a location where the pilot, observer, and others working with the UA will see the identification. The petitioner states that the maintenance requirements in the pertinent sections of 14 CFR pmi 91 are only applicable to aircraft with an airworthiness certificate in accordance with part 43. The petitioner states that its DJI Phantom does not have specific maintenance instructions; therefore the petitioner has developed a Preflight Checklist. The petitioner has also stated that it intends to follow any manufacturers' recommended instructions and procedures when those procedu res exist for certain components of its DJI Phantom. UAS Pilot In Command (PIC) The two operating pilots are both Captains for a part 121 operator, and currently possess ATP commercial pilots licenses, and maintain First class medical certificates . FAA ce rti ficate # 2854370 and 2746623

. The operators each have accumulated more than 8000 hours of flight experience. UAS Operating Parameters The petitioner states that all flights will be operated within visual line of sight (VLOS) of a pilot and/or observ er, and that the UA flights will be limited to a maximum altitude of 400 feet AGL. The petitioner asserts that an equivalent level of safety can be achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. The pet itioner states that the UAS will be operated within a safe operating perimeter, the boundaries of which will be determined by production personnel and the UA PIC based on the site

- specific data collecting activities and speed of the UA required for the ope ration, and coordinated with the jurisdictional FAA FSDO and local government officials as applicable. The safety of conducting flights by a UA is drastically safer than the alternative. A helicopter is the alternative to gaining close high resolution phot os or infrared data. The UA carries no flammable fuel and poses virtually no safety threat to any workers on site. With respect to preflight actions, the petitioner notes it may need an exemption from 14 CFR §91.103, because it will not have approved roto rcraft flight manuals, although there are 3 checklists that will be adhered to prior to any flight. The petitioner asserts that an equivalent level of safety will be achieved by the PIC taking all preflight actions as set forth in their checklist, includin g reviewing weather, flight battery requirements. Additionally, the petitioner states that a briefing will be conducted prior to each day's data collecting regarding planned UA operations, and all personnel who will be performing duties within the boundari es of the safety perimeter will be required to attend. With respect to the fuel requirements, the petitioner notes that, in order to meet the 30 minute reserve requirements in 14 CFR §91.151, UAS flights would have to be limited to approximately 0 minutes. The petitioner believes that an equivalent level of safety can be achieved by limiting reserve to 20% battery power.The petitioner notes that it may need an exemption from 14 CFR §91.121, as its UAS may have a

GPS altitude read out instead of a barometric altimeter. The petitioner asserts that an equivalent level of safety will be achieved. Specifically, the altitude information will be provided to the UA PIC via a digitally encoded telemetric data feed. Prior to each flight, a zero altitude ini tiation point will be established and confirmed for accuracy by the PIC.

Public Interest The petitioner states that, given the small size of the UA involved and the restricted sterile environment within which it will operate, its proposed operation "fa lls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS to commence immediately." Also due to the size of the UA and the restricted areas in wh ich the UAS will operate, approval of the application presents no national security issue. The petitioner states that, given the clear direction in Section 333, the stron g equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, and including reduced emissions associated with allowing UA for LIDAR remote sensing, visual photography, and IR remote sensing operations, granting the requested exemptions is in the public interest.

Sincerely, Drew McKinney and Bryan Monheim Excel Aerial Services Group (570)660

- 2338 8 Reedmoor Ln. Cranberry, Pa 16066