### April 8 , 2014

Mr. James Williams Manager, Flight Standards Service

Unmanned Aircraft Systems Integration Office

Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

U.S. Department of Transportation, Docket Operation

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE Washington, DC 20590

Re: Request for exemption from multiple regulatory provisions to allow the use of small

unmanned aerial systems for the purpose of filming real estate.

Dear Mr. Williams:

The Scene Lab ( TSL ) respectfully requests an exemption from several provisions of Title

14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned

aerial systems (sUAS) to assist in the evaluation of infrastructure and operations for our

clients. This request is motivated primarily by the desire to maximize safety in

infrastructure and operations. While an exemption would not eliminate the current need for in-person visual inspection required by various federal regulatory departments, it

would allow TSL to broadly evaluate assets and operations with sUAS, resulting in a

safer and more efficient infrastructure network. Accordingly, the grant of an exemption is

consistent with Congress’ intent, reflected in Section 333 of the FAA Modernization and

Reform Act of 2012 (Modernization Act), 1 

### that safe systems be permitted in the national airspace prior to the issuance of final regulations governing general use of these systems. 2 

### A summary of this request suitable for publication in the Federal Register is provided as Appendix A.

Appendix B provides the manufacturers i nformati on regardi ng the design, aircraft performance, a nd fail -s afe features. We have provided manufacturer information related to operati ng limitation s, normal a nd emergenc y procedures, a nd maintenance a nd inspection procedures. As we add aircraft desig ns, we will update this appendi x appropriately.

Appendix C provides the The Scene Lab Operations Manual for flights covered under this Exemption Request.

1 P.L. 112 -9 5

, 1 2 6 Stat 11, Februar y 14, 2012.

2 Section 333(b) (2) specifically contemplat es that th e FAA may issu e a certificat e o f waiver upon a find ing that a type

o f UAS, as a result of its size, weight, speed, operational capacity, proximit y t o airports a nd populate d areas, and

o p erations within visual line o f sight do not create a hazar d t o users of the NAS or the public or pose a threat t o

n ation al security. 

### Lathe Poland

CEO The Scene Lab LLC

22A Hickok Ave. Bethel, CT 06801 (203) 545-7348 lpoland@thescenelab.com

www.thescenelab.com

### Background Information

TSL is in the business of producing real estate videos for our clients. TSL Clients look to us for Safe Operations of sUAS. We have developed specific TSL Safe UAV Operational Procedures. Increasingly, we have clients looking for us operate sUAS for the still and motion photography of real estate holdings

.

Aerial Photography : Video recording of real estate exteriors Still image recording of real estate exteriors

As part of this TSL is requesting FAA Exemption for sUAS operations for still and video
capture usage.

Regulatory Basis for Exemption Request In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may grant an exemption under 49 U.S.C. §44701(f) if it has determined that such an exemption is in the public interest. The FAA has imposed a separate requirement in its procedural regulations, providing that the petitioner shall explain why granting the exemption would not adversely affect safety or how the exemption would provide at least an equivalent level of safety as compliance with the underlying regulation. As described more fully below, the requested exemption would permit the operation of sUAS under tightly controlled conditions, thus ensuring that operations w ill not have an adverse impact on safety. TSL anticipates that use of sUAS will improve the quality of the

services offered their clients

.

Granting an Exemption will not Adversely Affect Safety

TSL notes that there is no applicable standard for an equivalency determination. Some have argued that the appropriate standard is that for model aircraft, noting that their operations, if conducted for recreational purposes, would fall completely within the allowable operations for model aircraft. We believe it is difficult to argue that there is sufficient correlation between model operations controlled by the Academy of Model Aeronautics and the ones contemplated by TSL. At the same time, it is clear that equivalency cannot be established for traditional, manned civil aircraft because the design and use profiles between traditional aircraft and sUAS are simply too different. As such, we believe it makes more sense to focus on why the contemplated operations would not adversely affect safety, which is all that §11.81(e) requires.

### Granting an exemption will not adversely affect safety. TSL contemplates conducting

sUAS operations over client owned or controlled land, solely during daylight hours, at altitudes well below that which would pose a risk to other aircraft. In general, sUAS operations are intended to be conducted in areas distant from both congested areas and airports. Moreover, because of the inherent risks presented by standard infrastructure operations, our clients have already taken steps to secure property against unauthorized public access. For example, substantial stretches of pipeline, utilities, railroad track and oil production sites are fenced, elevated, or otherwise secured to prevent access. Other long stretches of infrastructure are, as noted above, in very remote wilderness areas. The nature of operations anticipated by TSL requires that the sUAS be flown at relatively low altitudes and relatively low speeds. TSL expects that in most instances, the sUAS will be

flown less than 100 feet from the highest structure along the path of the sUAS. Accordingly, the risk of interference with another aircraft is minimal. TSL also plans to conduct sUAS operations at least three miles from any public airports (including heliports). In the event an operation needs to be conducted closer to an airport, TSL will inform the airport operator and airport air traffic control tower of the contemplated operation and will comply with any directions issued by air traffic control at that airport.

Approval of exemptions allowing commercial operations of sUASs in the infrastructure aerial inspection industry will enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subject being inspected and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the inspection site. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the inspection site. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including 333 Aircraft Exemption Status exempting the applicant from conventional aircraft requirements and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people. The safety of those on the ground is protected by the fact that no one will be allowed into the area without the permission of the company. Security will be established for the flight area as part of the pre-flight control. Each individual within the secure area will be briefed prior to flight and will consent to being in the area. All others will be excluded from the

area.

### TSL initially intends to use a dedicated staff for sUAS operations. All operations will be

within visual line-of-sight (i.e., no more than approximately 0.5 miles from the manipulator of the controls, or pilot in command (PIC)). Each PIC will conduct at least

three take-offs and landings with the sUAS on which he or she is trained every 90 days.

PIC’s will establish their qualifications thru a combination	of	aeronautical	knowledge, UAS	airmanship	skills,	and	verification t hrough	testing	of	fl ight	ability	before infrastructures	operations	have	commenced. 

### Depending on the type of operation,

additional ground-based visual observers may be employed as well. These observers will

be within constant visual line of sight and in constant contact with the PIC. The visual

observers will assist the PIC in avoiding objects near the sUAS.

There are no standards for either Private or Commercial sUAS pilot certificates. The safe operation and control of the UAS as described in this application does not depend on the
type of FAA license held by the PIC. Given the restricted and controlled airspace within which operations will take place, the key factors needed by the PIC are knowledge of the airspace within which the operation will take place and how that airspace fits into the

National Airspace System (NAS). That knowledge can be and is gained primarily through ground school and not through flight training in fixed wing or rotor aircraft, nor is it dependent on the acquisition of a commercial or private pilot’s certificate. Those

certificates demonstrate knowledge of the factors and skills needed for the safe operation

of those types of aircraft (fixed wing or rotorcraft). It cannot be assumed that a

commercial pilot, approved to operate a helicopter or fixed wing aircraft, has the skill or ability to safely operate a small unmanned aerial vehicle, operating at 400 AGL or lower, within strictly controlled pre-approved airspace. Besides knowledge of airspace regulations, dexterity in the control and operation of the sUAS acquired from actual operation of the aircraft is the most important factor in establishing an equivalent level of safety.

If the PIC has acquired the necessary knowledge of airspace requirements, the relevant

issues are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what is being used today to accomplish the same mission, and (3) what precautions will be

taken to ensure the safety of those in the area of operation. T he aircraft will be operated

within a secure environment; and no one be allowed to enter the secure environment unless they are part of the operation, have been fully briefed of the risks prior to operation of the sUAS, and have consented to the risks associated with being in the operating area. Should there be a mishap, the sUAS being flown pose significantly less of a threat than the helicopters and fixed wing aircraft now being employed because they are a fraction of the size, carry no flammable fuel, do not carry crew or passengers, and pose an

infinitesimal risk to others. This is in stark contrast to conventional aircraft that are flown

to the site, carry explosive fuel, carry passengers and crew, and operate in a much larger

area. From a practical standpoint, there are relatively few licensed full-scale aircraft pilots who are also qualified to fly the type of sUAS that are utilized for infrastructure imagecapture operations. There are even fewer commercial pilots that can fly these sUAS – to the point that to do both is considered rare. Assuming that it is unlikely for a company to

find a pilot that has both qualifications, that company would either have to source a qualified sUAS pilot to train and obtain a commercial certificate, or find a commercial

certificated pilot who would be willing to learn to fly a sUAS to the competency level required for professional use.

### From a practical standpoint, there are relatively few licensed full-scale aircraft pilots who

are also qualified to fly the type of sUAS that are utilized for infrastructure image-capture operations. There are even fewer commercial pilots that can fly these sUAS – to the point that to do both is considered rare. Assuming that it is unlikely for a company to find a pilot that has both qualifications, that company would either have to source a qualified

sUA S pilot to train and obtain a commercial certificate, or find a commercial certificated pilot who would be willing to learn to fly a sUAS to the competency level required for professional use.

Minimum requirements for the PIC include:

1) A minimum of 20 flight cycles and 25 hours of total time as a sUAS rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS type (single blade or multirotor); 2) A minimum of 5 hours as sUAS pilot with the make and model of sUAS to be utilized for operations under the exemption and 3 take offs and landings in the preceding 90 days; 3) Through understanding of Flight Operations & Procedures Manual consisting of a knowledge & skill test of the aircraft to be used.

Anot he r cons i deration supporting the c e rt i f i c a t e re quire m e nt i s t ha t pi l ot s hol ding a pri va t e pi l ot c e rt i fi cate a re s ubj e ct t o s ecurity scre e ni ng by t he D epartment of H om el and

S e c uri t y. T hi s re qui rement shoul d ameliorate s ec uri t y c oncerns ove r U A S ope rations

under this exemption.

T S L intends to use commercially available sUAS Components for sUAS. These sUAS systems will be tested for quality & safety in our test facility before being deployed to

the field. The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a secured area. We have a routine

m a i nt e na nc e s chedule t o ve ri fy that t he sUAS w ill re ma i n i n s a f e a nd opera t i ona l

c ondi t i on. P l e a s e s e e Ap p e n d i x B , f or S pe cific T ypes of s U A S

.

N ot e s Re ga rdi ng: 14 C.F.R. Part 21, Subpart H

I n	accordance	with	the	statutory	criteria	provided	in	Section	333	of	PL	112

- 9 5 in

reference	to	49	USC	44 704,	and	in	consid eratio n	o f	the	size,	weight,	speed,	and	limited

opera ting	area	associated	with	the	aircraft	and	its	operation, we	request t hat this

aircra ft e xe mption meets	the	conditions	of	Section	333.	Therefore, if granted	Section

33 3 relief	o f 14 CFR part	21,	and	an y	associated	noise	certification	and	testing

r equirements	of	part	36,	is	not	necessary.

### Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft

Given the size of the sUAV, two-inch lettering will be impossible. UA	will	be identified by	serial	number,	registered	in	accordance	with	14	CFR	part	47,	and	have	identification (N

- Number)	markings	in	accordance	with	14	CFR	part	45,	Subpart	C.	Markings	will	be as	large	as	practicable.



### Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness DFAM’s request is based on the fact that no airworthiness certificate will be issued for the UAS. DFAM’s UAS will not require an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. Based on the fact that an airworthiness certificate will not be issued, exemption from § 91.7(a) is not necessary.

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard Certifications required, the original intent of these regulations was to display an aircraft’s airworthiness, certification, and registration documents so they would be easily available to inspectors and passengers. Based on the FAA Memorandum subject “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) and 91.203(a) and (b) is not necessary.

Notes Regarding: §91.109 Flight instruction; Simulated instrument & certain flight t ests Small UASs, by their design, do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. Aircraft being considered for use by TSL allow the UAS Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the event of the student losing control, the UAS Instructor can quickly and via alternate equipment (equipment not in the hands of the student) place the aircraft into a mode thatthen allows the instructor to bring the aircraft back into control and back to the predetermined and/or safe landing location.

TSL does not describe training scenarios in which a dual set of controls would be utilizedor required, i.e. dual flight instruction, provided by a flight instructor or other companydesignated individual, that would require that individual to have fully functioning dual controls. Rather, TSL evaluates the qualification of its PICs based on their experience with the UAS to be operated and verifies through testing, in lieu of f o rmalized training. As such, TSL does not seek relief from 14 CFR § 91.109.

Notes Regarding § 14 CFR 91.119(b) Relief from § 14 CFR 91.119(b), operation over congested areas, is not applicable, because the DFAM’s operations will only be conducted within the secured area described

herein.

### TSL Safety Operations & Procedures Overview:

Technology Considerations:

Be st

- in

- class, tried and proven technologies that are in advanced iterations. Software from highly

- reputable industry partners will include features

- 1. Auto descent (landing) if communication signal were to be severed. If the sUAS loses communications, the s UAS will have capability to return to a pre

- determine d location within the Security Perimeter and land. 2. Auto descent (landing) if battery were to drop lower than nominal level.

3. Fl ights will be terminated at 25% battery po wer reserve. 4. Live video for operator gives real

- time positioning feedback. In other words, we can monitor the scene from the vehicle's perspective for collision avoidance, and to maintain spatial orientation. 5. The sUAS will have the capability to abor t a flight in case of unpredicted obstacles or emergencies.

6 . On

- Sc reen

- Display (OSD) contains operating information to ascertain vehicle health at all times: speed, altitude, number of GPS satel lites (when available)

, heading an d voltage.

7 . GPS lock sup pl ies for return

- to

- home (RTH). Should Command and Control (C2)

link failures occur (highly improbable), vehicle returns automatically to the point of

launch. 8. Altitude information will be provided to the sUAS pilot via a digitally encode d

telemetric d at a feed, which downlinks from the aircraft to a ground

- based on

- screen display. This altitude information will be generated by equipment installed on boar d the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or

ra dio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot.

Mechanical/Physical:

1. We wi ll fly li ne

- of

- sight (LOS) only . The vehicle will always remain in direct LOS to the pilot, thus eliminating the concern of signal severance (flying behind objects/walls ).

2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots

. 3 . B atteries should far exceed the capacity required for actual flight time.

4. Fl ights will be operated at an altitude of no more than 400 fee t AGL

. 5 . Fireproof bags for storage and charging of high capacity Lipo batteries on

- si te.

6. UA	operated	under	this	exemption	will	be	marked	in	accordance	with	14	CF R part	45	or	as	otherwise	authori ze d	by	the	FAA.

Personnel: 1. Spotters ensure safe operation and act as a redundant set of eyes for operators (pilot, gimbal op, director) 2. Radio spectrum analysis for interference on the frequencies utilized for vehicle

control/communication. 3. A briefing will be conducted in regard to the planned sUAS operations prior t o each day’s act ivities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

4. Th e operator will obtain the consent of all persons involved in the sUAS operationsand ensure that only consenting persons will be allowed within 100 feet of the flight operations. 5. Observer and pilot will at all times be able to communicate by voice

. 6. Wr itten and/or oral permission from the relevant property holders will be obtained.

7

. Pilot and observer will have been trained in operation of UAS generally and

re c eived up

- to

- date information on the particular UAS to be operated.

Operations : 1. The 

### unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), including energy source(s) and equipment. Operations authorized by this petition of exemption are limited to the following aircraft described in Appendix B. Proposed operations of any other aircraft will require a new petition or a petition amendment to this request.

2. 

### The UA may not be flown at a ground speed exceeding 50 knots.

3. 

### Flights must be operated at an altitude of no more than 2 00 feet above ground level (AGL), as indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC must be in feet AGL.

4. 

### The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued medical

certificate.

5. 

### All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times.

6. 

### The operator’s manual included as Appendix C and this petition of exemption must be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operator’s manual, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operator’s manual.

The operator may update or revise its operator’s manual. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment. If the operator determines that any update or revision would affect the basis for which the FAA grants this petition for exemption, then the operator must petition for amendment to their exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operator’s

manual.

7. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition

### for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station, if utilized, must be included in the preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight in accordance with the operator’s manual. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and aircraft record entry must be added to the operator’s manual.

9. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/component/overhaul, replacement, and inspection/maintenance requirements must be established and identified in the operator’s manual. At a minimum, requirements for the following must be included in the operator’s manual:

a. Actuators / Servos;

b. Transmission (single rotor);

c. Powerplant (motors);

d. Propellers;

e. Electronic speed controller;

f. Batteries;

g. Mechanical dynamic components (single rotor);

h. Remote command and control;

i. Ground control station (if used); and j. Any other components as determined by the operator;

10. Prior to operations conducted for the purpose real estate photography , the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 20 flight cycles and 25 hours of total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS type (single blade or multirotor). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under this petition of exemption to accomplish the required flight cycles and flight time. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must

### operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

12. Prior to operations conducted for the purpose of infrastructure inspection, the

PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of five hours as UAS pilot operating the make and model of

UAS to be utilized for operations under the exemption and three take-offs and

three landings in the preceding 90 days. Training, proficiency, experiencebuilding, and take-off and landing currency flights can be conducted under this petition of exemption to accomplish the required flight time and 90 day currency. During training, proficiency, experience-building, and take-off and landing currency flights all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

13. Prior to any flight operations authorized by this petition of exemption, the PIC

and VO must have successfully completed a qualification process, as outlined in

the operator’s manual. As this is a requirement stipulated by the operator, the test

must be developed and implemented by a qualified person designated at the sole

discretion of the operator.

14. The UA ma y not be operate d directl y over a ny person, except autho rized and

con senting personnel, below a n altitude that is hazardous t o persons or propert y on the s urface in th e e vent of a U AS f ailure o r e mergency.



### 15. Regardi ng the distance from participati ng persons, the operator’s manual has safety mitigation s for auth orize d a nd consenting personnel. At all times, those

persons must be essential t o the operations.



### 16. Regardi ng distance from nonparticipati ng persons, the operator must ensure that

no persons are allowe d withi n 500 feet of the area except those consenti ng t o be

involv ed and necessar y for the infrastructure inspecti on operations . This p rovision

may b e reduced t o n o l ess than 2 00 f eet if it would n ot adversely a ffect safety a nd t he

Administrator has approved it.18. If the UAS loses communications or loses its GPS signal, the UA must retur n t o a

pre -d etermine d locati on withi n the securit y perimeter a nd la nd or be recovere d in

accordan ce with th e operator’s manual.

19. The UAS must abort th e flight in th e event of unpredicted obstacles or emergencies in accordan ce with th e operator’s manual.

20. Eac h UAS operati on must be complete d wit h 25% batter y power r emaining

.

21. The operator must obtai n a n Air Traffic Organizati on (ATO) i ssued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under this petition of exemption. This COA will als o require the operator t o request a Notice t o Airman (NOTAM ) not more than 72 hours in advance, but not less than 48 ho urs prior

t o the operation.

22. All aircraft operate d i n accordance wit h this exempti on must be identifie d by

serial number, registered in accordance with 14 CFR part 47, and have identification (N -N u mber) markings in accordance with 14 CFR part 45, Subp art C. Markings must
be as large as practicable.

23. The operator must devel op procedures t o document a nd maintai n a recor d of the

UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in s ervice o f th e U AS.

These p rocedures must be added to the operator’s manual.

24. Eac h UAS operate d under this exempti on must compl y wit h all manufacturer Safety Bulletins.

25. The operator must devel op UAS technicia n qualificati on criteria. These cr iteria

must be added t o t he operator’s manual.

26. The preflight inspecti on secti on i n the operator’s manual must be amende d to
include th e f

ollowing r equirement: The p reflight inspection m ust account for a ll discrepancies, i.e. inoperable components, it ems, or equipment, not covered in the

relevant preflight inspection sections of the operator’s manual.

27. Before conducti ng operations, the radi o frequenc y spectrum use d for operation

and control of th e UA must comply with th e Federal Communications Com mission (FCC ) o r othe r appropriate government oversight agency requirements29. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to

the PIC at the Ground Control Station o f the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

30. The UA must remain clear and yield the right of way to all other manne d operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

31. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

32. The UAS may not be operated by the PIC from any moving device or vehicle.

33. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

34. The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within 5 nautical miles of the ge ographic

center of a non

- towered airport as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and th e operation is conducted in accordance with a NOTAM as required by the operator ’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

35. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or transgression is reviewed by AFS

- 80 a nd authorization to resume operations is provided.



### Support for Petition for Exemption In accordance with the procedural requirements of 14 C.F.R. §11.81, T S L provides the following information:

Contact Information:

Lathe Poland

C EO The Scene Lab LLC

22A Hickok Ave. Bethel, CT 06801 (203) 545-7348 lpoland@thescenelab.com

www.thescenelab.com

### Regulatory Provisions from which TSL seeks an Exemption TSL believes it may need an

exemption from the following provisions to conduct the contemplated operations. In some instances, relief is needed because relief from another provision renders compliance with the regulation at hand infeasible.

333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a)(1)&(2) 14 C.F.R. §91.417(a)&(b)

TSL believes an exemption is only needed from the above-listed regulatory

provisions. To the extent that the FAA believes that additional relief is re q uired for

T S L to conduct the operations described here, we request an exemption from any such regulatory provisions as w e l l

. 3

3 For example, 14 C.F.R. §91.417(a) imposes certain maintenance record keeping requirements “as

a p p l i c a b l e ”

. Sin ce non e of th e underlyi ng requireme n t s (e.g.

, i n s p e c t i o n interva l s ) ca n b e met a n d will

r e q u i r e an exemption, TSL b e l i e v e s a s eparate e x e m p t i o n shoul d n o t be r e q u i r e d for § 9 1 .417(a).



### The Extent of Requested Relief and the Reasons Relief is Needed

Section 333 Aircraft Exemption Status:

Section 333 of the Modernizatio n Act autho rizes the FAA to exempt aircraft from the requirement fo r an airworthiness certificate based on a consideration of the size, weight, sp eed, operational capability of the

p articular UAS, as well as its proximity to airports and p op ulate d areas. A n analy sis of these criteria

demonstrates that the sUAS operate d witho ut an airworthiness certificat e in th e areas and under th e

co n ditions contemplated by TSL will be at least as safe, or safer, than a c onventio nal aircraft (fixed w ing

o r r otorcraft) o perating with an airworthiness certificate without the conditions proposed in this request.

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusive ly

w ithin a s ecured a rea. Un like o ther c ivil aircraft, operations u nder th is e x emption will be tightly

con trolled and monitored by the operator and observer. Operations will be cond u cted in comp lian ce with

th e FAA and with local publi c safety requirements to p rovide security for the area of operation a s i s now d o ne with conventional equipment, infrastructure, bridge a nd out buildi ng evaluation. These safet y

en h ancements prov ide a n expande d d egree of safet y t o the inspectors over conventional operations.

Las tly, application o f

th ese s ame criteri a demonstrates that th er e is no credibl e threat to n ational security posed by th e sUAS, due t o its size, spee d of operation, locati on of op eration

, lac k of explosive materials

an d inability to c arry a s ubstantial extern al load

.



### Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, this meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

### 14 C.F.R. §61.113(a) and (b) §61.113 Private pilot privileges and limitations: Pilot in command. (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.

*****

TSL anticipates initially using a cadre of specially trained staff to conduct the

sUAS operations. While these individuals will not hold commercial pilot licenses. The sUAS will not carry property for compensation or hire since they will be used solely to

assist in evaluation of the i n frastructure, equipment, right-of-way, assets, bridges, tunnels and out-buildings in furtherance of TSL ’s client’s primary business, the successful operation of a infrastructure; however, the employees’ operation of the sUAS will not be incidental to their employment with TSL , and they will be compensated for such work. Without an exemption, the pilot would be required to hold a commercial pilot certificate under §61.133. However, the risk associated with the contemplated operations is less than the risk posed by a traditional aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole control of TSL clients. Accordingly, the risk

would be limited to TSL personnel, who will be appropriately outfitted in safety gear,

and TSL client’s property on the ground. Requiring a commercial pilot certificate would provide no appreciable safety benefit and would needlessly impose additiona l cost on
TSL . Because the contemplated operations would not comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b).

### 14 C.F.R. 91.119(c) §91.119 Minimum safe altitudes: General. Except when necessary for takeoff or landing, no person may operate an

aircraft below the following altitudes:

*** (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.

*****

TSL submits that the only relief it requires from §91.119 is from the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since operations at this altitude also pose a heightened risk of collision with another aircraft, safety can only be assured through the grant of an exemption. The anticipated rotorcraft operations should be adequately addressed by paragraph (d) (1). Additionally, relief should not be needed from paragraph (a) because an emergency landing of the aircraft due to a power failure will not create an undue hazard to persons or property on the surface. As noted in the explanation of why an exemption will not adversely affect safety, TSL clients has exclusive use of the land

over which the s UAS will be operated, and public access is restricted. It also has exclusive use of significant portions of land adjacent to the infrastructure and structures that will be the objects of evaluation and analysis. DFAM’s Clients tightly control access to land and have the ability to assure that no individuals unassociated with the planned operations are on the affected land. As such, the risk of injury is minimal. TSL does not contemplate conducting operations over congested areas, so relief is not requested f r om paragraph (b).

14 C.F.R. 91.121 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.”

***** As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display. This

altitude information will be generated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established

and co nfirmed for accuracy by the pilot.

### 14 C.F.R. 91.151 §91.151 Fuel requirements for flight in VFR conditions. (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. (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.

***** Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does not raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the event it has to be flown to an alternate airport or circle the planned airport in the event of unanticipated conditions. TSL does not intend to use the sUAS for point-t o -point flights and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in order to land. Rather, TSL will operate the sUAS using pre-planned flight paths (taking into account weather conditions) designed to allow the sUAS to fly to the point of intended landing. As such, there is no need for a time-based excess fuel requirement. Rather it should be sufficient to require only as much additional excess flight capacity as necessary to safely land the sUAS. We believe that a 25% battery reserve is more than sufficient to meet this objective.14 C.F.R. 91.405(a), 91.407(a) (1)

, 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b) 

### §91.405 Maintenance required. 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;

***** §91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration. (a) No person may operate any aircraft that has undergone maintenance, rebuilding, or alteration unless – (1) It has been approved for return to service by a person authorized under §43.7 of this chapter;

***** §91.409 Inspections. (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.

***** §91.417 (a) & (b)

*****

TSL believes that an exemption from these three maintenance requirements is appropriate because the FAA has not developed maintenance standards that would allow an operator to meet the part 91 maintenance requirements. In particular, there are no individuals authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct the initial airworthiness and annual return to service inspections required by §91.409(a). TSL will maintain the aircraft as instructed in the owner’s manual and ASTM F2909, where applicable, and will not operate the aircraft until it has reasonably determined that any needed repairs have been made. However, because of the technical impossibility of meeting the requirements of §§91.405(a), 407(a), 409(a) and 417(a)&(b), we believe an exemption from these provisions is appropriate.

Please do not hesitate to contact me at the phone number or via the e-mail address provided above should you have any questions or concerns.

Respectfully submitted,

Lathe Poland CEO, The Scene Lab

, LLC

.

### Appendix A

Summary for Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register should the FAA determine that publication is needed.

Petitioner: The Scene Lab

, LLC . ( TSL )

Sections of 14 C.F.R. Affected: 333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) 14 C.F.R. §91.417(a)&(b)

Description of Relief Sought:

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14 C.F.R., 61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and 91.417(a)&(b) to conduct sUAS operations over TSL Client’s owned or controlled land, solely during daylight hours, to assist in the safe evaluation and analysis of infrastructure and operations. In general, sUAS operations are intended to be conducted in areas remote from both congested areas and airports. The nature of operations anticipated by TSL requires that the sUAS be flown at relatively low altitudes. TSL expects that in most instances, the sUAS will be flown less than 100 feet from the highest structure along the path of the sUAS and in no instances will be flown higher than 2 00 feet above the ground. Accordingly, the risk of interference with other aircraft is minimal.

Appendix B

Specific	type(s),	make,	and	model



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**-** DJI **Phantom Vision 2+ (or equivalent)**