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 

Regulations (14CFR). The proposed exemptions, if granted, would allow operation of unmanned aircraft 

systems(UAS) for the purpose of collection aerial data for various clients. Such data would include 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 certificates, and airworthiness approvals.

Section 45.23(b) prescribes, in pertinent part, that 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.

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 does 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 condition.

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.

Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before beginning a

flight, become familiar with all available information concerning that flight, to includeFor 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 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)(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.

Section 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 instruction 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

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 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

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; 

(2) A powered parachute or weight-shift-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 that 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.

[emphasis 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 or, for operation within the United States, the second
copy 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 certificate 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 prescribed 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) prohibits, 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, and 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) Records containing the following information:

(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, including the time since the last inspection required by 

the inspection 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 compliance, the AD or safety directive number and revision 

date. If the AD or safety directive involves
recurring 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

alteration 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 retained 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 operated without an airworthiness certificate 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 certificate 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 flammable 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 capability to return to a pre-determined location within

the Security Perimeter and land. It will also have the capability to abort a flight in the

event of unpredicted obstacles 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 level at

an altitude 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 under 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 appropriate
local air traffic control will be notified 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 the 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 impossible. 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

procedures 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 certificate #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 observer, 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 petitioner 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 operation, 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 photos 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 rotorcraft 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, including 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 boundaries 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 initiation

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 "falls 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 which 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 strong 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