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 information regarding the design, aircraft 

performance, and fail-safe features. We have provided manufacturer information related to 

operating limitations, normal and emergency procedures, and maintenance and inspection 

procedures. As we add aircraft designs, we will update this appendix appropriately. 

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

Exemption Request. 

1 P.L. 112-95, 126 Stat 11, February 14, 2012. 

2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate of waiver upon a finding that a type 

of UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and populated areas, and 

operations within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to 

national 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 will 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	through	testing	of	flight	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. The 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 

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. 

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. 

Another consideration supporting the certificate requirement is that pilots holding a 

private pilot certificate are subject to security screening by the Department of Homeland 

Security. This requirement should ameliorate security concerns over UAS operations 

under this exemption. 

TSL 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 

maintenance schedule to verify that the sUAS will remain in safe and operational 

condition. Please see Appendix B, for Specific Types of sUAS. 

Notes Regarding: 14 C.F.R. Part 21, Subpart H

In	accordance	with	the	statutory	criteria	provided	in	Section	333	of	PL	112-95	in	

reference	to	49	USC	44704,	and	in	consideration	of	the	size,	weight,	speed,	and	limited	

operating	area	associated	with	the	aircraft	and	its	operation,	we	request	that	this	

aircraft exemption meets	the	conditions	of	Section	333.	Therefore,	if	granted	Section	

333	relief	of 14	CFR part	21,	and	any	associated	noise	certification	and	testing	

requirements	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 tests

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 that 

then 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 utilized 

or 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 formalized 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:

Best-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 sUAS will have capability to return to a pre-determined

location within the Security Perimeter and land.

2. Auto descent (landing) if battery were to drop lower than nominal level.

3. Flights will be terminated at 25% battery power 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 abort a flight in case of unpredicted obstacles

or emergencies.

6. On-Screen-Display (OSD) contains operating information to ascertain vehicle

health at all times: speed, altitude, number of GPS satellites (when available),

heading and voltage.

7. GPS lock supplies 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 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 confirmed for accuracy by the pilot.

Mechanical/Physical:

1. We will fly line-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. Batteries should far exceed the capacity required for actual flight time.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

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

6. UA	operated	under	this	exemption	will	be	marked	in	accordance	with	14	CFR

part	45	or	as	otherwise	authorized	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 to

each day’s activities. 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. The operator will obtain the consent of all persons involved in the sUAS operations
and 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. Written 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

received 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 200 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 may not be operated directly over any person, except authorized and

consenting personnel, below an altitude that is hazardous to persons or property on

the surface in the event of a UAS failure or emergency.

15. Regarding the distance from participating persons, the operator’s manual has

safety mitigations for authorized and consenting personnel. At all times, those

persons must be essential to the operations.

16. Regarding distance from nonparticipating persons, the operator must ensure that

no persons are allowed within 500 feet of the area except those consenting to be

involved and necessary for the infrastructure inspection operations. This provision

may be reduced to no less than 200 feet if it would not adversely affect safety and the

Administrator has approved it. 
18. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre-determined location within the security perimeter and land or be recovered in

accordance with the operator’s manual.

19. The UAS must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operator’s manual.

20. Each UAS operation must be completed with 25% battery power remaining.

21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under this 

petition of exemption. This COA will also require the operator to request a Notice to 

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior 

to the operation.

22. All aircraft operated in accordance with this exemption must 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 must

be as large as practicable.

23. The operator must develop procedures to document and maintain a record of the

UAS maintenance, preventative maintenance, alterations, status of

replacement/overhaul component parts, and the total time in service of the UAS.

These procedures must be added to the operator’s manual.

24. Each UAS operated under this exemption must comply with all manufacturer

Safety Bulletins.

25. The operator must develop UAS technician qualification criteria. These criteria

must be added to the operator’s manual.

26. The preflight inspection section in the operator’s manual must be amended to

include the following requirement: The preflight inspection must account for all

discrepancies, i.e. inoperable components, items, or equipment, not covered in the

relevant preflight inspection sections of the operator’s manual.

27. Before conducting operations, the radio frequency spectrum used for operation

and control of the UA must comply with the Federal Communications Commission

(FCC) or other appropriate government oversight agency requirements 
29. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to

the PIC at the Ground Control Station of 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 manned

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 geographic

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 the

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 and

authorization to resume operations is provided.

Support for Petition for Exemption

In accordance with the procedural requirements of 14 C.F.R. §11.81, TSL provides the 

following information: 

Contact Information:

Lathe Poland

CEO 

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 required for 

TSL to conduct the operations described here, we request an exemption from any such 

regulatory provisions as well.3

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

applicable”. Since none of the underlying requirements (e.g., inspection intervals) can be met and will 

require an exemption, TSL believes a separate exemption should not be required for §91.417(a). 

The Extent of Requested Relief and the Reasons Relief is Needed 

Section 333 Aircraft Exemption Status: 

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the requirement for an 

airworthiness certificate based on a consideration of the size, weight, speed, operational capability of the 

particular UAS, as well as its proximity to airports and populated areas. An analysis of these criteria 

demonstrates that the sUAS operated without an airworthiness certificate in the areas and under the 

conditions contemplated by TSL will be at least as safe, or safer, than a conventional aircraft (fixed wing 

or rotorcraft) operating 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 exclusively 

within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by the operator and observer. Operations will be conducted in compliance with 

the FAA and with local public safety requirements to provide security for the area of operation as is now 

done with conventional equipment, infrastructure, bridge and out building evaluation. These safety 

enhancements provide an expanded degree of safety to the inspectors over conventional operations. 

Lastly, application of these same criteria demonstrates that there is no credible threat to national security 

posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials 

and inability to carry a substantial external 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 infrastructure, 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 additional 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 sUAS 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 from 

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 confirmed 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-to-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 200 feet above the 

ground. Accordingly, the risk of interference with other aircraft is minimal.

Appendix B

Specific	type(s),	make,	and	model	

#1- 	DJI	Phantom Vision 2+ (or equivalent)