# ® LiRo Engineers, Inc. A LiRo Group Company
Three Aerial Way, Syosset, NY 11791 Telephone 516.938.5476 Facsimile 516.937.5421

November 23, 2015

U.S. Department of Transportation (DOT), Docket Operations, M-30 1200 New Jersey Avenue, SE West Building Ground Floor, Room W 12-140, Washington, DC 20590-0001

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations

Dear Sir or Madame:

Pursuant to Section 333 of the FAA Modemization and Reform Act of 2012 ("the Reform Act") and 14 Code of Federal Regulations ("C.F.R.") Part 11, LiRo Engineers, Inc. ("LiRo" or "the Applicant") hereby applies for an exemption from the Federal Aviation Regulations identified below, to allow the commercial operation of a small unmanned aircraft system ("sUAS") for conducting aerial Topographic Scanning, Photogrammetry, Photographic Documentation, Marketing Materials, building exterior inspections, field surveys, construction project logistics planning, and work progress documentation with the use of a DJI Phantom 4 Pro, DJI Inspire 1 or a DJI Spreading Wings S 1000+, provided that such operations are within the conditions outlined herein or as may be established by the Federal Aviation Administration ("FAA").

A. APPLICANT'S NAME, ADDRESS AND CONTACT NUMBER

Business Name: LiRo Engineers, Inc. Address: 3 Aerial Way, Syosset, New York 11791 Contact Name: Alfred Bereche Email: Berechea(c)liro.com

. Phone:516-214-8105

B. REGULATIONS:

The exemptions requested from 14 C.F.R. are as follows:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 45.23 (b): Markings on the Aircraft 14 C.F.R. 61.113 (a) &(b): Private Pilot Limitations 14 C.F.R. 91.7 (a): Civil Aircraft Airworthiness 14 C.F.R. 91.9 (b)(2): Civil Aircraft Flight Manual 14 C.F.R. 91.103: Preflight Action 14 C.F.R. 91.109: Flight Instruction 14 C.F.R. 91.119: Minimum Safe Altitudes 14 C.F.R. 91.121: Altimeter Settings 14 C.F.R. 91.151(a): Fuel Requirements for Flight in VFR 14 C.F.R. 91.203 (a) &(b): Certificates Required for Civil Aircraft

Construction Managers • Engineers • Architects

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14 C.F.R. 91.405 (a): Maintenance Required

14 C.F.R. 91.407 (a)(1): Operation After Maintenance, Preventative Maintenance, Rebuilding or Alteration 

### 14 C.F.R. 91.409 (a)(2):Inspections 14 C.F.R. 91.417 (a) &(b): Maintenance Records Any provision from Title 14, C.F.R. not listed above that may be applicable to Applicant's specific use

C. EXTENT OF RELIEF SOUGHT AND WHY

The following exemptions have been requested, and the reasons why are explained in detail below:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by Federal Aviation Regulation ("FAR") §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21, Subpart H 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 ofthe Reform Act both authorize the FAA to exempt an 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 sUAS 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. The sUAS to be operated hereunder is less than 551bs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exempfion will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. 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 or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. 45.23 (b): Markings on the Aircraft

The regulation requires: when marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

### "provisional," as applicable.
2Even though the sUAS will have no airworthiness certifrcate, an exemption may be needed

as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the sUAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29(f) where the pilot, observer and others working with the sUAS will see the identification of the sUAS as "Experimental."

14 C.F.R. 61.113 (a) &(b): Private Pilot Limitations

Pursuant to 14 CFR 61.113 (a) &(b), no person who holds a private pilot certificate may act as a pilot in command ("PIC") of an aircraft that is carrying passengers or property for compensation or hire. The proposed sUAS operations may achieve an equivalent level of safety as achieved by current Regulations because the Applicant's sUAS do not carry any pilots or passengers nor property. The risks attendant to the operation of sUAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the sUAS will be, or be under the direct supervision of, a FAA Certifred Private Pilot with current Third Class or higher medical certificate. It is believed that the operation and limitations set forth will equate to the safe operation of the sUAS.

14 C.F.R. 91.7 (a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided.

14 C.F.R. 91.9 (b)(2): Civil Aircraft Flight Manual

Section 91.9 (b) (2)provides: No person may operate a U.S.-registered civil aircraft for which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it.

14 C.F.R. 91.103: Preflight Action

This regulation requires each PIC to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The Applicant proposes to adopt a Pilot Operating Handbook and/or a Flight Operations and Procedure Manual, and a sUAS checklist. The PIC will take all preflight
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actions in accordance to the Pilot Operating Handbook and/or the Flight Operations and Procedure Manual, and the sUAS checklist, including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. 91.109: Flight Instruction

Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUAS and remotely piloted aircraft, 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. The FAA has approved exemptions for flight training without fixlly functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 Above Ground Level ("AGL"), or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higher than 400 AGL with the exception that in circumstances where the sUAS is used to inspect a structure whose height exceeds 400 feet AGL, the sUAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, and speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the sUAS will ensure separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119.

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

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to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. 91.151(a): Fuel Requirements for Flight in VFR

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under Visual Flight Rule ("VFR") conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed —(1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the sUAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed does not create the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the sUAS. The Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 20% of battery power remaining — whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. 91.203 (a) &(b): Certificates Required for Civil Aircraft

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The sUAS fully loaded weighs well under the proposed 551b. limit and is operated without an onboard pilot. As such, there is no ability or place to cany certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS.

14 C.F.R. 91.405 (a): Maintenance Required, 14 C.F.R. 91.407 (a)(1): Operation After Maintenance, Preventative Maintenance, Rebuilding or Alteration 14 C.F.R. 91.409 (a)(2): Inspections, 14 C.F.R. 91.417 (a) &(b): Maintenance Records

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. .." and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the Applicant. Maintenance will be accomplished by the operator pursuant to the Pilot Operating Handbook and/or a Flight Operations and Procedure Manual. An equivalent level of safety will be achieved because the sUAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time.

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If inechanical issues arise the sUAS can land immediately and will be operating from no higher

than 400 feet AGL. The operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

D. PUBLIC INTEREST

The exemption requested is in the public interest because the use of a sUAS will enhance safety on numerous LiRo construction sites. sUAS operation will provide LiRo with an alternative and safer process to conduct building exterior inspections, field surveys, construction project logistics planning and work progress documentation. Currently, workers may be exposed to hazardous conditions in order to perform their duties. Falls are among the leading source of workplace fatality and injury on constructions sites; reducing falls through the use of a sUAS could save workers lives and prevent workplace injuries. Furthermore, sUAS operation will provide LiRo with an alternative and environmentally sustainable means to collect marketing materials and to conduct aerial topographic scanning, photogrammetry and photographic documentation. Unlike the use of conventional aircrafts and rotorcrafts, sUAS operations creates no emissions to harm the environment.

E. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

1. Applicant Proposes to Adopt:

a. A Pilot Operating Handbook and / or; b. Flight Operations and Procedure Manual.

c. sUAS Check List. 2. Applicant Proposes the Following Conditions: d. sUAS must weigh less than 55 pounds.

e. All of the flight operations will be planned and designed to complete well within the continuous flight limit (battery power) of the sUAS. The sUAS will calculate battery reserve in real-time, and will return to its point of launch with at least 20% battery power reserve should that occur prior to the completion of the scheduled flight. f. Flights will be operated at an altitude of no more than 400 feet above ground level ("AGL").
g. Crew for each operation will consist of the sUAS pilot in charge ("PIC") and a companion. h. sUAS must operate within a visual line of sight ("VLOS") of the PIC. i. The PIC will be trained in flight, operations, and safety procedures as detailed in the sUAS systems manual. j. The sUAS will operate within a confined "Sterile Area" as defined by the survey, inspections or construction site limits. This area will be kept free of persons not involved in activities connected to the activities being monitored and/or performed by sUAS on the site or not directly connected with the survey production.

2k. A briefing will be conducted in regard to planned sUAS operations prior to each day's inspection activities. It will be mandatory for personnel who will be performing duties within the boundaries of the safety perimeter to be present for this briefing. 1. AIl on site personnel will consent to the sUAS flyover on site by waiver, and the operator will obtain additional verbal or written consent of all persons who will be allowed within the 100 feet of the flight operation.

m. Written and/or oral permissions from relevant properry holders will be obtained.

n. The PIC will inspect the sUAS to ensure that it is safe for flight. All maintenance and alterations should be properly documented.

o. A functional test flight must be performed for any sUAS that has undergone maintenance or alternations and be performed by the PIC. p. The operator must follow the manufactures' sUAS aircraft/component, maintenance, overhaul, replacement inspection and life limit requirements. q. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

r. The sUAS will not operate with 5 nautical miles of an airport reference point ("ARP") as denoted in the current FAA Airport/Facility Directory ("AFD") or for airports not denoted with ARP, the center of the airport symbol as denoted on a current FAA-published aeronautical chart, unless a letter of agreement with that airport's management is obtained or otherwise permitted by a Certificate of Waiver or Authorization ("COA") issued to the exemption holder. The letter of agreement with the airport management will be made available to the Administrator or any law enforcement official upon request.

s. If the sUAS loses conununications or loses its GPS signal, it will have the capabilityto enter "loiter mode" and hover, reestablish connection or return to a predetermined location within the construction site or survey area and land.

F. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. § 11.81 (f), the following summary is provided for publication in the Federal Register if the need arises:

Applicant seeks an exception from the following rules: 14 C.F.R. Part 21, Subpart H, 14 C.F.R. 45.23 (b), 14 C.F.R. 61.113 (a) &(b), 14 C.F.R. 91.7 (a), 14 C.F.R. 91.9 (b)(2), 14 C.F.R. 91.103, 14 C.F.R. 91.109, 14 C.F.R. 91.119, 14 C.F.R. 91.121, 14 C.F.R. 91.151(a), 14 C.F.R. 91.203 (a) &(b), 14 C.F.R. 91.405 (a), 14 C.F.R. 91.407 (a)(1) 14 C.F.R. 91.409 (a)(2), and 14 C.F.R. 91.417 (a) & (b).

Applicant seeks the above exemptions for commercial use of a small unmanned aircraft system ("sUAS") for documentation and inspection of exterior building envelopes, site surveying, photographic documentation and topographical mapping. Approval of the exemptions will provide an environmentally sustainable means that will improve project quality, increase efficiency and greatly enhance worker safety.

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The operation of the sUAS will be conducted within the strict conditions outlined in Applicant's exemption request and will provide an equivalent level of safety supporting the grant of the exemptions requested herein.

Conclusion

Applicant believes that this exemption request and associated safety considerations, adequately satisfy the criteria provided in Section 333 of the Reform Act. The use of a sUAS will provide LiRo with a practical alternative means to inspect building exteriors and conduct field surveys, plan construction project logistics and document work progress that may otherwise be hazardous to the workers. The use of a sUAS will increase efficiency and greatly enhance worker safety. Also, the use of a sUAS will provide an environmentally sustainable means to collect marketing materials and to conduct aerial topographic scanning, photogrammetry and photographic documentation, unlike the use of conventional aircrafts and rotorcra8s. Applicant believes that the information contained herein provides sufficient justification for granting commercial operations of Applicant's sUAS. Respectfully, Applicant requests that the FAA grant LiRo's exemption request.

Sincerely,



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Alfred Bereche Vice President, General Counsel and Corporate Secretary