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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. 

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Even 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. 

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k. 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 capability 

to 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, 

~ 

Alfred Bereche 

Vice President, General Counsel and Corporate Secretary