UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. ________________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

PINPOINT SERVICES, INC. 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATION 

SECTIONS 61.101(e)(4) AND (e)(5), 61.113(a) AND (b), 91.7(a), 91.119(b) AND (c), 

91.121(a), 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) AND (a)(2), AND 91.417(a) AND 

(b) CONCERNING COMMERCIAL OPERATION OF THE DJI PHANTOM 2 VISION+ 

AND DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 

OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

								 Submitted on May 28, 2015

J. AUGUST SHOEMAKER, ESQ.

	 	 	 	 	 	 	 	 100 N. 12th St. #605

Lincoln, NE 68508

Tel: (402) 304-4356

Email: shoemaker.j.a@gmail.com

								 Attorney for petitioner
TABLE OF CONTENTS

	 	 	 	 	 	 	 	 	 	 	 Page 

GLOSSARY OF ABBREVIATIONS ...........................................................................3 

SUMMARY....................................................................................................................4 

INTRODUCTION AND INTERESTS OF PETITIONER ...........................................4 

BACKGROUND ..........................................................................................................4 

BASIS FOR PETITION ...............................................................................................5 

NAME AND ADDRESS OF PETITIONER.................................................................8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PINPOINT SERVICES, 

INC. SEEKS EXEMPTION .........................................................................................8

THE EXTENT OF RELIEF PINPOINT SERVICES, INC. SEEKS AND THE 

REASON PINPOINT SERVICES, INC SEEKS THE RELIEF..................................13

THE REASONS WHY GRANTING PINPOINT SERVICES, INC.’S REQUEST 

WOULD BE IN THE PUBLIC INTEREST................................................................17

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY...............................................................................17

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...........21

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE 

TO SUPPORT PINPOINT SERVICES, INC.'S REQUEST........................................21

REASONS WHY THE OPERATION OF THE PHANTOM UAS DO NOT 

PRESENT ANY ISSUES OF PRIVACY.....................................................................22

CONCLUSION............................................................................................................22

2
GLOSSARY OF ABBREVIATIONS 

AGL 	 	 	 Above Ground Level 

ATC 	 	 	 Air Traffic Control 

C.F.R. 		 	 Code of Federal Regulations 

FAA 	 	 	 Federal Aviation Administration 

FRMA		 	 FAA Modernization and Reform Act of 2012

GCS 	 	 	 Ground Control Station 

GPS 	 	 	 Global Positioning System 

NAS 	 	 	 National Airspace System 

PIC 	 	 	 Pilot In Command 

Pinpoint Services Pinpoint Services, Inc.

Section 333 	 	 FAA Modernization and Reform Act of 2012 Section 333 

UA 	 	 	 Unmanned Aircraft 

UAS 	 	 	 Unmanned Aircraft System 

VFR 	 	 	 Visual Flight Rules 

VO 	 	 	 Visual Observer 

VTOL 		 	 Vertical Takeoff and Landing 

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SUMMARY

Pinpoint Services, Inc. (hereinafter Pinpoint Services) seeks exemptions from the 

requirements of 14 C.F.R §§ 61.101(e)(4) and (e)(5), 61.113(a) and (b), 91.7(a), 91.119(b) and 

(c), 91.121(a), 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), and 91.417(a) and (b) 

to operate Unmanned Aircraft Systems (UAS) pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Pinpoint Services 

to operate Unmanned Aircraft Systems for the commercial purpose of inspecting and maintaining 

its network of cellular communication towers. The Federal Aviation Administration (FAA) has 

granted similar exemptions in several circumstances including Exemption No. 11411 which is 

equivalent in all material respects. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Pinpoint Services is engaged in the service and maintenance of cellular towers across the 

country in both rural and metropolitan areas. Pinpoint Services seeks to improve the safety of its 

operations through the use of its newly acquired DJI Phantom 2 Vision+ and DJI Phantom 3 

UAS. As set forth in this petition, Pinpoint Services seeks to commercially operate these UAS in 

both rural and metropolitan areas of the United States for the purpose of diagnosing potential 

tower problems before manned crews perform maintenance and repairs.

BACKGROUND

Pinpoint Services seeks an exemption to operate its Phantom 2 Vision+ and Phantom 3 

UAS for compensation or hire within the National Airspace System (NAS). 

The Phantom 2 Vision+ UAS is comprised of a vertical takeoff and landing (VTOL) 

Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS). The Phantom 2 

Vision+ weighs 2.74 pounds, has a diagonal size of 13.78 inches, and can reach a maximum 

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speed of 0.56 miles per hour (0.49 knots per hour). The Phantom 2 Vision+ is equipped with 

four propellers each driven by a Lithium Polymer battery powered electric motor.

The Phantom 3 UAS is comprised of a vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UA) and a transportable Ground Control Station (GCS). The Phantom 3 UA weighs 

2.82 pounds, while having a diagonal size of 23.22 inches and maximum speed of 0.60 mph 

(0.52 kph). The Phantom 3 UA is equipped with four propellers, each being driven by a Lithium 

Polymer battery powered electric motor. 

The Phantom 2 Vision+ and Phantom 3 UA that will be operated by Pinpoint Services 

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.

BASIS FOR PETITION

Petitioner, Pinpoint Services, by and through undersigned counsel, pursuant to the 

provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization 

and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, 

hereby petitions the Administrator to operate the Phantom 2 Vision+ and Phantom 3 UAS in the 

NAS and for an exemption from the requirements of 14 C.F.R §§ 61.101(e)(4) and (e)(5), 

61.113(a) and (b), 91.7(a), 91.119(b) and (c), 91.121(a), 91.151(a), 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (a)(2), and 91.417(a) and (b).

Relief from certain requirements of Section 61.101, entitled Recreational pilot privileges 

and limitations, subsections (e)(4) and (e)(5) and Section 61.113, entitled Private pilot privileges 

and limitations: Pilot in command, subsections (a) and (b) is requested by Pinpoint Services to 

the extent necessary to allow a Pilot in Command (PIC) holding a recreational or private pilot 

5
certificate and who has completed the Phantom 2 Vision+ and Phantom 3 UAS training and 

currency requirements, to conduct the proposed flight operations. Pinpoint Services submits that 

the conditions and limitations set forth herein will ensure the safety of the NAS, as well as the 

safety of persons or property on the ground. 

Pinpoint Services seeks relief from Section 91.7, entitled Civil aircraft airworthiness, 

subsection (a) because the Phantom 2 Vision+ and Phantom 3 UAS do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Pinpoint Services 

submits that, prior to every operation, it will ensure that the UAS are in an airworthy condition 

and that the aircraft are in a condition for safe flight by determining that they are in compliance 

with the Flight Manuals and performing regular maintenance and inspections. 

Pinpoint Services seeks relief from Section 91.119, entitled Minimum safe altitudes: 

General, subsections (b) and (c) in order to operate in rural and metropolitan areas. The 

company will assure the safety of nearby persons and property in these areas through the use of 

adequate communication and notice to third parties including local Air Traffic Control (ATC), 

maintenance of a 500 foot buffer to all persons and property except where adequate notice has 

been given and adequate barriers exist to prevent harm, and by continuously flying at or below 

an altitude of 500 feet above ground level (AGL).

Pinpoint Services also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter settings, subsection (a) as the UA will not have typical barometric altimeters 

on board. However, altitude information will be provided to the PIC via Global Positioning 

System (GPS) equipment and a radio communications telemetry data link, which downlinks 

from the UA to the GCS for active monitoring of the flight path. This altitude information, 

6
combined with Pinpoint Services’s operation of each UA within visual line of sight, at or below 

500 feet AGL, will ensure a level of safety equivalent to that required by Section 91.121(a). 

Additionally, Pinpoint Services seeks an exemption from the requirements of Section 

91.151(a), entitled Fuel requirements for flight in VFR conditions. Pinpoint Services submits that 

it will maintain safe operations by terminating flights of the battery-powered Phantom UA after 

20 minutes of continuous flight, which would allow for around five minutes of battery power 

remaining. 

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and their operation, Pinpoint Services’ operation of these UAS meets the 

conditions of Section 333 and therefore, will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Pinpoint Services requests relief 

from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), and 91.417(a) and (b), as these 

sections set forth maintenance requirements that only apply to aircraft with airworthiness 

certificates.

Pinpoint Services submits that the requested relief is proper as it will ensure a level of 

safety equivalent to that required by relevant regulations. Pinpoint Services will use its 

authorized technicians to perform maintenance, alterations, and preventive maintenance on the 

UAS using the methods, techniques, and practices prescribed in the manufacturer’s maintenance 

manual. Furthermore, the company will document and maintain all maintenance records for both 

the Phantom 2 Vision+ and Phantom 3 UAS. Pinpoint Services will maintain proper positioning 

of the aircraft through monitoring the UA’s GPS coordinates and line of sight visual verification. 

It will ensure proper functioning of the UA by regularly maintaining the aircraft and by 

performing preflight inspections prior to every operation. Finally, it will ensure that all PICs 

7
operating the UAS will have proper training on the appropriate system and will have either a 

recreational or private pilot license. 

In accordance with 14 C.F.R. § 11.81, Pinpoint Services provides the following 

information in support of its petition for exemption: 

A. Name and Address of the Petitioner.

The name and address of the Petitioner is: 

Pinpoint Services, Inc.

613 Patterson St. 

PO Box 490

Cambridge, Nebraska 69022 

The point of contact for this Petition and specific contact information is as follows: 

J. August Shoemaker 

100 N. 12th St. Suite 605

Lincoln, Nebraska 68508 

Tel: (402) 304-4356

Email: shoemaker.j.a@gmail.com

B. The Specific Sections of 14 C.F.R. from Which Pinpoint Services Seeks Exemption. 

1. Pinpoint Services Seeks Exemption from the Requirements of 14 C.F.R. § 61.101(e)(4) 

and (e)(5).

Section 61.101, entitled Recreation pilot privileges and limitations, subsections (e)(4) and 

(e)(5) provide the following:

Except as provided in paragraphs (d) and (i) of this section, a recreational pilot 

may not act as pilot in command of an aircraft — 

(4) For compensation or hire;

(5) In furtherance of a business;

8
2. Pinpoint Services Seeks Exemption from the Requirements of 14 C.F.R. § 61.113(a) 

and (b).

Section 61.113, entitled Private pilot privileges and imitations: Pilots in command, 

subsections (a) and (b) provide the following:

(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC 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.

3. Pinpoint Services Seeks Exemption from the Requirements Of 14 C.F.R. § 91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

(a) No person may operate a civil aircraft unless it is in an airworthy 

condition.

4. Pinpoint Services Seeks Exemption from the Requirements Of 14 C.F.R. § 91.119(b) 

and (c). 

Section 91.119, entitled Minimum safe altitudes: General, subsections (b) and (c) state:

Except when necessary for takeoff and landing, no person may operate 

an aircraft below the following altitudes...

(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.

9
5. Pinpoint Services Seeks Exemption from the Requirements of 14 C.F.R. § 91.121(a).

Section 91.121, entitled Altimeter settings, subsection (a) states:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 

100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this 

section, the current reported altimeter setting of an appropriate available station; 

or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before departure;

6. Pinpoint Services Seeks Exemption from the Requirements of 14 C.F.R. § 91.151(a).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (a) 

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.

7. Pinpoint Services Seeks Exemption from the Requirements of 14 C.F.R. § 91.405(a).

Section 91.405(a), entitled Maintenance required, states:

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this chapter;

10
8. Pinpoint Services Seeks Exemption from the Requirements of 14 C.F.R. § 91.407(a)(1).

Section 91.407(a)(1), entitled Operation after maintenance, preventative maintenance, 

rebuilding, or alteration, states:

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under

§ 43.7 of this chapter;

9. Pinpoint Services Seeks Exemption from the Requirements of 14 C.F.R. § 91.409(a)(1) 

and (a)(2).

Section 91.409, entitled Inspections, subsections (a)(1) and (a)(2) state:

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had—

(1) an annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or 

(2) an inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter.

10. Pinpoint Services Seeks Exemption from the Requirements of 14 C.F.R. § 91.417(a)(1) 

and (a)(2).

 Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 

following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, 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; and 

(ii) The date of completion of the work performed; and 

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(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 

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)(1) 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. 

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C. The Extent of Relief Pinpoint Services Seeks and the Reason Pinpoint Services Seeks 

the Relief

1. Extent of Relief Pinpoint Services Seeks and the Reason Pinpoint Seeks Relief from 

14 C.F.R. §§ 61.101(e)(4) and (e)(5) and 61.113(a) and (b).

Section 61.101(e)(4) and (e)(5) and Section 61.113(a) and (b) limit those holding 

recreational or private pilot certificates to non-commercial activities. 14 C.F.R. §§ 61.101(e)(4) 

and (e)(5), 14 C.F.R. 61.113(a) and (b). Pinpoint Services seeks an exemption from these 

requirements to improve the safety of their operations and will ensure sufficient safeguards are in 

place to achieve an equivalent level of safety to that provided in the regulations. All persons 

operating the UAS will have at least a recreational pilot certificate, guaranteeing a level of 

knowledge consistent with the ability to safely control larger and more complex aircraft. A 

visual observer (VO) will accompany the PIC during every operation and will continually 

communicate observations to provide the PIC with adequate information to avoid any 

obstructions and safely operate the UA. Finally, the UAS will carry no pilot or passengers and 

no additional cargo beyond their video cameras. The dangers posed by traditional commercial 

operations are thus almost entirely negated and all operations would therefore be in conformance 

with the intended goals of these regulations. 

2. Extent of Relief Pinpoint Services Seeks and the Reason Pinpoint Seeks Relief from 

14 C.F.R. § 91.7(a). 

Given the size of the Phantom UA, no airworthiness will be issued for the aircraft. 

Should an exemption from Section 91.7 subsection (a) be granted, no regulatory standard will 

exist for determining the airworthiness of the UA. Pinpoint Services will therefore ensure that 

the UAS are in airworthy condition through the use of regular maintenance and inspections, 

documentation of any maintenance performed, safety checklists and compliance with the UA 

operating documents prior to every flight. 

13
3. Extent of Relief Pinpoint Services Seeks and the Reason Pinpoint Seeks Relief from 

14 C.F.R. § 91.119(b). 

Pinpoint Services operates cellular towers within certain metropolitan areas and seeks to 

increase the safety in diagnosing problems with those towers through the use of its Phantom 

UAS. Pinpoint Services will provide advanced notice to and comply with guidance from local 

ATC to ensure proper separation from any conventional, operating aircraft; will never operate at 

an altitude above 500 feet AGL; and will provide advanced notice to all property owners and 

other individuals, including personnel, within the surrounding area. Pinpoint Services will never 

operate the UAS within 500 feet of any person or property other than the cellular towers and 

those involved in its maintenance and repair unless the PIC and VO verify that 1) barriers or 

other structures exist to protect third-parties and property from debris in the event of an accident, 

2) the owner or controller of nearby real and personal property has granted permission and the 

PIC determines that the UA can be operated safely, and 3) the safety to the VO and PIC has been 

ensured. Given the coordination with local ATC, the relative size of the Phantom UAS, the lack 

of flammable fuel, the separation between the UAS and third-parties and property, and the 

separation between the UA and normal altitudes of conventional aircraft, an equivalent level of 

safety will be provided to that required for conventional aircraft operating in these metropolitan 

areas.

4. Extent of Relief Pinpoint Services Seeks and the Reason Pinpoint Seeks Relief from 

14 C.F.R. § 91.119(c). 

Pinpoint Services additionally seeks to increase the safety in diagnosing problems with 

those of its cellular towers in rural areas through the use of its Phantom UAS. In order to ensure 

an equivalent level of safety as that provided by Section 91.119 subsection (c), the company will 

never operate its Phantom UA at an altitude above 500 feet AGL and will provide advanced 

14
notice to all property owners and other individuals, including personnel, within the surrounding 

area. The UA will never be operated within 500 feet of any person or property other than the 

cellular tower and those involved in its maintenance and repair unless the PIC and VO verify that 

1) barriers or other structures exist to protect third-parties and property from debris in the event 

of an accident, 2) the owner or controller of nearby real and personal property has granted 

permission and the PIC determines that the UA can be operated safely, and 3) the safety to the 

VO and PIC has been ensured. Given the additional precautions made by the PIC and VO, the 

relative size of the Phantom UA, the lack of flammable fuel, and the separation between the UA 

and normal altitudes of conventional aircraft, an equivalent level of safety will be provided to 

that required for conventional aircraft operating in rural areas.

5. Extent of Relief Pinpoint Services Seeks and the Reason Pinpoint Seeks Relief from 

14 C.F.R. § 91.121(a). 

Section 91.121 subsection (a) states that persons operating an aircraft not equipped with a 

radio below 18,000 feet MSL must reference the elevation of the departure airport or an 

appropriate altimeter setting available before departure. 91 C.F.R § 121(a)(1)(iii). As the 

Phantom UA do not possess onboard barometric altimeters, an exemption is requested to allow 

Pinpoint Services to use the UAS’s GPS altitude readout to determine the altitude of the launch 

site and vehicle. The Phantom UAS use a radio communications telemetry data link to provide 

real-time altitude and GPS coordinates to the operator at each phase of the operation. This 

information, in combination with the PIC and VO visual line of sight, will ensure that the 

operation of these aircraft provide an equivalent level of safety to that provided in Section 91.121 

subsection (a). 

15
6. Extent of Relief Pinpoint Services Seeks and the Reason Pinpoint Seeks Relief from 

14 C.F.R. § 91.151(a).

Section 91.151 subsection (a) describes fuel requirements for flight in Visual Flight Rules 

(VFR) conditions. 14 C.F.R. § 91.151(a). As the Phantom UAS have limited flight time and 

range, Pinpoint Services requests an exemption from the regulations described in this section. 

The Phantom 2 Vision+ UA has a maximum flight time of 25 minutes and will be unable to meet 

the regulation’s 30 minute reserve requirement in daytime conditions. The Phantom 3 UA has 

maximum flight time of approximately 23 minutes and will similarly be unable to meet the 

reserve requirement. In order to maintain an equivalent level of safety, Pinpoint Services will 

ensure that the UA will operate no longer than 20 minutes at a time and will operate with an 

battery reserve level no less than 20 percent, a level sufficient to guarantee safe landing. Given 

that the proposed operations will all occur within a limited area, Pinpoint Services submits that 

these precautions will ensure the safe operation of the equipment and the safety of nearby 

persons and property.

7. Extent of Relief Pinpoint Services Seeks and the Reason Pinpoint Seeks Relief from 

14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b).

These regulations require regular maintenance inspections to ensure proper aircraft 

safety. As these sections apply only to aircraft with airworthiness certificates, Pinpoint Services 

requests exemptions from these requirements. Pinpoint Services will use trained technicians to 

perform regular maintenance pursuant to the UA Operating Manuals. Prior to each flight, the 

PIC will also perform regular safety inspections, will perform any and all maintenance necessary 

to ensure proper safety, and will keep a complete record of any maintenance performed. These 

precautions, in conjunction with the size and weight of the UA and the other safeguards detailed 

16
above, will ensure that the UAS operates in a way that achieves an equivalent level of safety to 

that required by the regulations. 

D. The Reasons why Granting Pinpoint Service’s Request Would be in the Public Interest.

The environment and height are among numerous factors that put tower climbing among 

the most dangerous jobs in the country. The use of UAS can significantly reduce the risk to 

climbers in several ways. The data gathered by UAS prior to any climb will give climbers 

advanced notice of the problems they may encounter during their inspection and maintenance, 

allowing them a greater focus on actions specifically needed to complete the job while assuring 

their and others’ safety. This data can additionally reduce the need for climbs by determining in 

advance whether a climb is needed. Finally, the use of UAS can eliminate the need for 

conventional aircraft to perform the same type of data-gathering, and can therefore reduce the 

traffic of these aircraft in the NAS, thereby reducing the potential for damage to persons or 

property outside Pinpoint Services and its employees. 

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 Pinpoint Services Seeks Exemption.

Given the size, weight, type of fuel, and training that PICs will receive, Pinpoint Services 

submits that the proposed operations can maintain an equivalent level of safety to that provided 

in the relevant regulations. The Phantom UAS are significantly smaller than the traditional 

aircraft operated in commercial settings and therefore present a significantly reduced risk of 

harm to persons and property. All operations will be performed with the assistance of a VO, 

giving the PIC a greater awareness of the present risks and circumstances. Unlike conventional 

commercial aircraft, the Phantom UA will carry also no passengers or cargo and carries no 

flammable fuel, thereby decreasing any potential risks involved.

17
1. Reasons why Granting an Exemption from the Requirements of 14 C.F.R. § 61.101(e)(4) 

and (e)(5) and 61.113(a) and (b) Would Not Adversely Affect Safety.

Section 61.101 subsections (e)(4) and (e)(5) and Section 61.113 subsections (a) and (b) 

prohibit those holding recreational or private pilot licenses from commercial operations. All 

PICs will receive training specific to the operation of the Phantom UAS. This training, in 

combination with the training they received to operate larger, more traditional aircraft, will 

ensure that they have the requisite skills to safely operate the UAS without significant risk to 

persons or property. Additionally, the accompanying VO will provide a continual assessment of 

the operational risks and positioning of the UA. These assessments, in conjunction with the 

onboard GPS coordinates and line of sight awareness, will enable the PIC to adequately operate 

the UAS in ways significantly safer than the operation of traditional commercial aircraft.

2. Reasons why Granting an Exemption from the Requirements of 14 C.F.R. § 91.7(a) 

Would Not Adversely Affect Safety.

 

Section 91.7 subsection (a) mandates that all aircraft operating in the NAS must be in 

airworthy condition. 14 C.F.R. § 91.7(a). As no airworthiness certificates will be issued for the 

Phantom UAS, no FAA regulatory standard will exist for determining their airworthiness. 

Pinpoint Services will ensure that the Phantom UAS operate in airworthy conditions by 

performing regular maintenance and preflight inspections and by continually operating the UAS 

according to their operating conditions and limitations as described in their respective manuals. 

3. Reasons why Granting an Exemption from the Requirements of 14 C.F.R. § 91.119(b) 

and (c) Would Not Adversely Affect Safety.

Section 91.119 subsections (b) and (c) detail rules for operating aircraft in airspace in 

congested and other than congested areas. 14 C.F.R. § 91.119(b) and (c). In congested areas, 

Pinpoint Services will coordinate its operations in conjunction with instructions from local ATC, 

will ensure that appropriate safeguards such as fences or other barriers exist to protect third18
parties and property, will never operate at altitudes above 500 feet AGL, and will never operate 

within 500 feet of any person or property without sufficient notice to ensure proper safety is 

maintained. In other than congested areas, Pinpoint Services will never operate its UAS at 

altitudes above 500 feet AGL, will ensure that appropriate safeguards such as fences or other 

barriers exist to protect third-parties and property, will announce its operations over appropriate 

communication channels, and will never operate within 500 feet of any person or property 

without sufficient notice to ensure proper safety is maintained. These precautions, along with the 

information provided by the accompanying VO and size and weight considerations of the UA, 

will ensure that safety is provided at an equivalent level of safety to that proscribed by Section 

91.119 subsections (b) and (c).

4. Reasons why Granting an Exemption from the Requirements of 14 C.F.R. § 91.121(a) 

Would Not Adversely Affect Safety.

Section 91.121 subsection (a) requires aircraft to reference the elevation of the departure 

airport or an appropriate altimeter setting available before departure. 14 C.F.R. § 91.121(a). 

Although the Phantom UA do not possess altimeters, an equivalent level of safety will be 

maintained by continually monitoring the aircraft’s GPS coordinates transmitted to the PIC. 

These coordinates, in conjunction with the VO and PIC’s line of sight assessments, will ensure 

that Pinpoint Services operates its UAS at a level of safety equivalent to that provided by the 

regulation.

5. Reasons why Granting an Exemption from the Requirements of 14 C.F.R. § 91.151(a) 

Would Not Adversely Affect Safety.

Section 91.151 subsection (a) provides fuel requirements for operating aircraft in VFR 

conditions. 14 C.F.R. § 91.151(a). The Phantom UAS’ battery capacity is insufficient to meet 

the requirements of subsection (a). In order to maintain an equivalent level of safety to that 

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provided by the regulation, Pinpoint Services will restrict operations to 20 minutes of active 

flight. The PIC will also actively monitor the UA’s battery status, and immediately cease 

operations if the battery level approaches that needed to safely land the aircraft. These 

precautions, in conjunction with the restricted area of operation and size, weight, and speed of 

the aircraft, will ensure that the UAS are operated at safety levels equivalent to that mandated by 

the regulation.

6. Reasons why Granting an Exemption from the Requirements of 14 C.F.R. §§ 91.405(a), 

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) Would Not Adversely Affect Safety.

These regulations require that an aircraft operator or owner "shall have that aircraft

inspected as prescribed in subpart E of this part and shall between required inspections,

except as provided in paragraph (c) of this section, have discrepancies repaired as

prescribed in part 43 of this chapter..." As the requirements and Part 43 apply only to those 

aircraft operating with an airworthiness certificate, they will not apply to Pinpoint Services UAS 

operations. Pinpoint Services will an ensure an equivalent level of safety through regular 

maintenance by trained technicians in accordance with the operating documents. Prior to each 

flight, Pinpoint Services will inspect the UAS to determine potential problems and, if able, will 

correct any problems or, if unable, will cease operations. Pinpoint Services will also document 

every inspection and maintenance performed. These inspections and maintenance precautions 

will ensure that the UAS will only operate when appropriately deemed to be in airworthy 

conditions and therefore pose a minimal risk to surrounding persons or property. 

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F. A Summary That Can Be Published In The Federal Register, stating: The Rules From 

Which Pinpoint Services Seeks Exemption:

Pinpoint Services, Inc. seeks exemption from the requirements of 14 C.F.R 

Sections 61.101(e)(4) and (e)(5), 61.113(a) and (b), 91.7(a), 91.119(b) and (c), 

91.121(a), 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), and 

91.417(a) and (b). 

A Brief Description Of The Nature Of The Exemption Pinpoint Services 

Seeks: This exemption will permit Pinpoint Services, Inc. to commercially operate 

Unmanned Aircraft Systems (UAS) for the purpose of conducting diagnosing 

cellular tower maintenance needs. 

G. Any Additional Information, Views, or Arguments Available to Support Pinpoint 

Services’s Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS 

may operate safely in the NAS. As such, Pinpoint Services’s request for exemption may be 

granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11. FMRA Section 

333 sets forth the requirements for considering whether a UAS will create a hazard to users of 

the NAS or the public, or otherwise pose a threat to national security; and further, provides the 

authority for such UAS to operate without airworthiness certification. As discussed in detail 

above, Pinpoint Services will operate the Phantom 2 Vision+ and Phantom 3 UAS safely in the 

NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to 

national security. 

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1. Reasons Why The Operation of the Phantom UAS do not Present any Issues of Privacy.

Pinpoint Services will ensure that no operation it performs present any risk to or invasion 

of the privacy of third-parties and the public. All UA operations will be performed within areas 

limited to a size necessary to successfully inspect cellular communication towers. Any 

operations potentially interfering with the privacy rights of other individuals will be preceded by 

adequate notice to and the consent of any persons whose privacy may be affected. 

CONCLUSION

As set forth herein, Pinpoint Services seeks an exemption pursuant to 14 C.F.R. § 11.61 

and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit 

safe operation of the Phantom 2 Vision+ and Phantom 3 UAS commercially, without an 

airworthiness certificate, for the limited purpose of conducting data collection over certain areas 

of the United States. By granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate of the FAA Modernization and Reform Act of 2012, while also 

advancing the interests of the public, by allowing Pinpoint Services to safely, efficiently, and 

economically operate the Phantom UAS commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, Pinpoint Services respectfully requests that 

the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R §§ 

61.101(e)(4) and (e)(5), 61.113(a) and (b), 91.7(a), 91.119(b) and (c), 91.121(a), 91.151(a), 

91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), and 91.417(a) and (b), and permit Pinpoint 

Services to operate the Phantom 2 Vision+ and Phantom 3 UAS commercially for the purpose of 

conducting data collection over certain areas of the United States. 

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Dated: May 28, 2015

Respectfully submitted, 

/s/ J. August Shoemaker

J. August Shoemaker, Esq.

100 N. 12th St. #605 

Lincoln, NE 68508

 Tel: (402) 304-4356

	 	 	 	 	 	 	 Email: shoemaker.j.a@gmail.com

 Attorney for petitioner

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