PHDATA 5241586_1

PETITION FOR EXEMPTION FROM FEDERAL AVIATION REGULATIONS 

(“FARS”) AND REQUEST FOR APPROVAL TO OPERATE UNMANNED

AIRCRAFT SYSTEMS UNDER SECTION 333 OF THE FAA REFORM ACT

AND PART 11 OF THE FARS

Submitted by: Identified Technologies Corporation

Dated: March 3, 2015

By Electronic Submission to: www.regulations.gov

By Paper Submission to:

U.S. Department of Transportation

Docket Operations

West building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Filed by:

Justine M. Kasznica

Schnader Harrison Segal & Lewis LLP

Fifth Avenue Place, Suite 2700

Pittsburgh, PA 15222

(412) 577-5114

jkasznica@schnader.com

Barry S. Alexander

Schnader Harrison Segal & Lewis LLP

140 Broadway, 31st Floor

New York, NY 10005

(212) 973-8099

balexander@schnader.com

Counsel for Identified Technologies Corporation
PHDATA 5241586_1

TABLE OF CONTENTS

I. Summary for Publication in Federal Register..........................................................1

II. Legal Basis for the Requested Exemption under Section 333.................................5

III. Identity and Contact Information of the Petitioner..................................................5

IV. The Identified System..............................................................................................6

V. The Proposed sUAS Operation................................................................................8

VI. The Identified System and Equivalent Level of Safety .........................................12

VII. Privacy ...................................................................................................................14

VIII. Public Interest and Safety ......................................................................................14

IX. Exemptions Requested Under Section 333............................................................15

X. Certificate of Authorization or Waiver...................................................................25

XI. Conclusion .............................................................................................................25
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I. Summary for Publication in Federal Register

Identified Technologies Corporation (“Identified Technologies”) has developed a small 

unmanned aircraft system (“sUAS”) designed to support the civil engineering industry by 

enabling efficient, routine monitoring and producing high resolution and quality precision aerial 

surveys and imaging of project sites (the “Identified System”). The data obtained through the 

Identified System helps engineers and surveyors comply with laws and regulations by surveying 

and monitoring project sites in an efficient and safe manner. It is a low cost solution with lowenvironmental impact that protects surveyors from the often hazardous conditions present at civil 

engineering project sites, while optimizing the quality and effectiveness of the data collected. 

Identified Technologies hereby petitions the Federal Aviation Administration (“FAA”) for 

an exemption from various Federal Aviation Regulations (“FARs”) and requests approval to 

operate the Identified System in the national airspace (the “Petition”) pursuant to Section 333 of 

the FAA Modernization and Reform Act of 2012 (the “Act”), 49 U.S.C.S 44701(f), and Title 14 

of the Code of Federal Regulations (“CFR”), Part 11 (14 CFR Part 11).

In its Petition, Identified Technologies requests that an exemption be granted from the 

following regulations:

14 CFR Part 21

14 CFR 43.7

14 CFR 43.11

14 CFR 45.11

14 CFR 45.21

14 CFR 45.23(b)

14 CFR 45.27

14 CFR 45.29

14 CFR 61.113(a) and (b)

14 CFR 67

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.9(c)

14 CFR 91.103(b)

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) and (b)

14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 91.409(a)(2)

14 CFR 91.417(a) and (b)

In its Petition, Identified Technologies also describes in detail (i) the Identified System, 

(ii) the team that will operate the Identified System and the members’ respective roles and 
2 PHDATA 5241586_1

qualifications, (iii) the proposed sUAS operations for which it seeks approval, and (iv) the 

various safety precautions that will be taken prior to and during the operations. Additional 

information concerning Identified Technologies System technical specifications is attached 

hereto as Exhibit A. Confidential information concerning Identified Technologies operational 

procedures, which include the sign-in sheet, preflight procedures, maintenance and operations 

manual, and operating checklist, is attached to this Petition as Exhibit B (CONFIDENTIAL

Supplement), which Identified Technologies requests not to be made public.

In support of its exemption request, Identified Technologies submits that (i) the Identified

System is safe, reliable and will satisfy the FAA’s airworthiness assessment, (ii) the Pilot in 

Command (PIC) and visual observer (VO) have the requisite knowledge and experience to 

ensure the safe operation of the Identified System, (iii) Identified Technologies has developed 

and complies with operation procedures and parameters that further ensure safe sUAS operations 

in the national airspace, and which remove the threat of harm to people and property, including 

other manned aircraft, and (iv) Identified Technologies’ proposed operations, which include 

without limitation, the use of the Identified System to conduct aerial imaging, monitoring and 

surveying of secure project sites for the benefit of the civil engineering industry, will be safer 

than that which would be achieved by flying a larger manned aircraft carrying crew and 

flammable fuel for the same purpose. In addition, permitting use of the Identified System will 

achieve various economic and environmental benefits, as well as significant efficiencies 

associated with cost, labor and safety, that serve the public interest. 

A. The Identified System

The Identified System is a sUAS that consists of (1) a PixHawk advanced autopilot 

system designed by the PX4 open-hardware project manufactured by 3D Robotics, (2) a 

lightweight carbon fiber quadrotor frame based on the Boomerang, and (3) various off-the-shelf 

rotors and other components that are integrated with the frame and autopilot system. The 

Identified System is designed to carry an on-board 12MP camera manufactured by GoPro that 

allows it to conduct precision aerial surveys and collect detailed imagery of project sites. The 

Identified System is a lightweight, battery-powered quadrotorcraft that, inclusive of the battery 

and camera, weighs less than 5 pounds and has a width of less than 16 inches and a frame height 

of less than 6 inches.

B. The Proposed sUAS Operations

Identified Technologies will conduct its sUAS operations in compliance with the FAA 

Notice 8900.227 Sections 12, 13, 14 and 16, issued on July 30, 2013.

The Identified System will be operated at project sites by a Pilot in Command (PIC), who 

will be assisted by a ground-based Visual Observer (VO) at all times during the operation. The 

VO will be standing next to the PIC, will have a clear visual line of sight to the Identified 

System, and will be able to communicate verbally with the PIC at all times throughout the 

Identified System’s operation. The PIC and VO will have significant experience operating a 

variety of radio controlled model aircraft and have flown the Identified System in an indoor 

setting. 
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Additional Identified System operational restrictions that ensure safe flight include: 

1. The Identified System will not be flown at night and will be operated under visual 

meteorological conditions (VMC) or where visibility is at least 3 statute miles 

from PIC.

2. Flights will be operated at an altitude of no more than 400 feet AGL, with the 

majority of flights anticipated to be operated at no more than 270 feet AGL.

3. The Identified System will not be flown at an airspeed exceeding 40 knots.

4. The Identified System will weigh less than 5 lbs. 

5. Maximum total flight time for each operational flight will be 12 minutes. Flights 

will be terminated at 20% battery power reserve should that occur prior to the 12 

minute limit.

6. 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 in connection with the operations be present for this briefing.

7. The operator will file any necessary paperwork in light of the exemptions with the 

appropriate Flight Standards District Office (“FSDO”). 

8. The Identified System will have redundancies and an independent flight 

termination system (FTS) that can be activated manually by the PIC to ensure the 

overall safety and predictability of the Identified System.

9. In the event of a loss of communications or signal, the Identified System is 

programmed to return to its home base.

10. The sUAS will have the capability to abort a flight in case of unexpected 

obstacles or emergencies. 

11. If the multirotor and its controller disconnects during flight, the system’s failsafe 

protection will come to the rescue and the multirotor will return to home and land 

automatically, rather than flying off uncontrollably or landing at an unknown 

location. 

12. If the multirotor crosses a geo-fence guarding the 500ft perimeter from the public, 

it will return to home and land automatically.

13. The Identified System will only be flown (i) in rural areas, away from any urban 

or congested locations, (ii) on secured private property with restricted public 

access, (iii) in areas located more than 5 miles away from any airport, (iv) in 

Class G Airspace, and (v) in such locations where the property owner has 

approved the contemplated sUAS operations.

14. The PIC, VO, and any additional crew members will comply with any additional 

safety regulations and protocols as may be required by each project site. 

15. Identified Technologies will communicate information about specific operations 

with Air Traffic Control (ATC) nearest to the project site.
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16. Identified Technologies will submit a precise description of proposed Identified 

System operations (Plan of Activities) to the local Flight Services District Office 

(FSDO) within 3 days prior to the System operations. 

17. Identified Technologies will obtain an Air Traffic Organization (ATO) Certificate 

of Authorization or Waiver (COA) prior to any Identified System operations and 

will request a Notice to Airmen (NOTAM) at least 48 hours before operating the 

Identified System.

18. Written and/or oral permission from the relevant property holders will be 

obtained. 

19. 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. 

C. Relevant Previously-Granted Exemptions

Identified Technologies bases its Petition, in part, on several relevant Section 333 

Petitions that were granted by the FAA in 2014 and early 2015 and makes references to these 

exemptions throughout. These exemptions include the following:

1. Exemption No. 11109 (the “Clayco Exemption”) for sUAS operations used to 

conduct aerial imaging to monitor and ensure the safety of construction sites.

2. Exemption No. 11114 (the “Woolpert Exemption”) for sUAS operations used to 

conduct precision aerial surveys over Ship Island, Mississippi.

3. Exemption No. 11062 (the “Astraeus Exemption”) for sUAS operations used for 

closed set filming for the motion picture industry.

4. Exemption No. 11136 (the “Advanced Aviation Solutions Exemption”) for sUAS 

operations used to conduct aerial surveys to support the agriculture industry.

5. Exemption No. 11138 (the “Trudeau Exemption”) for sUAS operations used to 

conduct real estate and aerial images of Tucson, AZ to use for marketing 

purposes.

The FAA granted these exemptions with conditions, having found that the petitioners 

presented an adequate showing of airworthiness and safety in their described sUAS operation to 

serve the public interest. Identified Technology’s proposed operation does not differ significantly 

from the situations presented in the Clayco, Woolpert and Advanced Aviation Solutions 

Exemptions. In fact, the proposed Identified System operations establish at least an equivalent 

level of safety to the sUAS operations described in the Clayco, Woolpert and Advanced Aviation 

Solutions Exemptions, and are for purposes that will benefit the public in very similar ways. 

Given that Identified Technologies plans to operate over similar operating environments, and for 

similar purposes, and with the airmanship skills necessary to operate the Identified System, the 

FAA should grant Identified Technologies’ Petition.
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D. On February 15, 2015, the FAA issued proposed rules for operation and 

certification of sUAS, which the Identified System would qualify under. (Docket No.: FAA2015-0150; Notice No. 15-01 concerning 14 CFR Parts 21, 43, 45, 47, 61, 91, 101, 107, and 

183). While these rules are open for public comment, have yet to be implemented and therefore

do not have the force of law, they are a strong indication of the FAA’s inclination to allow sUAS 

operations such as those proposed by Identified Technologies. Identified Technologies continues 

to pay close attention to these rules and their development and ultimate implementation. 

E. Conclusion

For all the above reasons, Identified Technologies asks that the FAA grant its request for 

exemption from certain FARs, and approve its operation of the Identified System in the national 

airspace in accordance with the limitations and restrictions set forth herein.

II. Legal Basis for the Requested Exemption under Section 333

In 2012, Congress passed the FAA Modernization and Reform Act, mandating the FAA to

integrate unmanned aircraft systems (UAS) into the national airspace system (NAS). Section 332 

of the Act authorizes the FAA to develop regulations for the civil operation of UAS weighing 

less than 55 pounds. While the final UAS regulations have not yet been issued by the FAA, 

Congress, in Section 333 of the Act, directed the FAA to allow the operation of civil sUAS even 

before such final regulations are completed, to the extent that the sUAS operations do not create 

a hazard to the national airspace system or the public, or pose a threat to national security. 2012 

Act, §§ 333(a), (b)(1). 

The FAA has authority pursuant to 49 U.S.C.S 44701(f) to grant an exemption from a 

regulations developed for manned aircraft operations (FARs and other requirements) to the 

extent the FAA finds that the exemption is “in the public interest.” A sUAS operation that is in 

the public interest has been described as an operation that “falls squarely within that zone of 

safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by

exemption, allow commercial operations of sUAS to commence immediately.” See Clayco 

Exemption, p.8. 

Section 333 of the Act mandates the Secretary of Transportation to make a case-by-case 

determination of safety concerning proposed sUAS operations, by considering 6 factors. The six 

factors are (1) size, (2) weight, (3) speed, (4) operational capability, (5) proximity to airports and 

populated areas, and (6) operation within visual line of sight (VLOS). 2012 Act, §§ 333(c). Once 

safe operation of the sUAS is established, the Secretary must then set forth requirements to 

facilitate the operation of the sUAS. 

III. Identity and Contact Information of the Petitioner

The petitioner is Identified Technologies Corporation, a Pennsylvania corporation with its 

principal place of business at:
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Identified Technologies Corporation

6024 Broad Street, 2R

Pittsburgh, PA 15206

Tel: 908-204-1342

Email: rzhang@identifiedtech.com 

Principal Contact: Richard Zhang, CEO

All questions concerning this Petition may be directed to Justine M. Kasznica, counsel 

for Identified Technologies Corporation, at:

Justine M. Kasznica

Schnader Harrison Segal & Lewis, LLP

Fifth Avenue Place, Suite 2700

120 Fifth Avenue

Pittsburgh, PA 15222

(412) 577-5114

jkasznica@schnader.com

Barry S. Alexander

Schnader Harrison Segal & Lewis LLP

140 Broadway, 31st Floor

New York, NY 10005

(212) 973-8099

balexander@schnader.com

IV. The Identified System

The sUAS for which Identified Technologies seeks approval is a small, unmanned 

quadrotor aircraft based on the Boomerang, weighing less than fifteen (5) pounds (inclusive of 

batteries and technical payload). This rotorcraft will operate at a speed of ten (10) knots, and in 

no event can will it exceed forty (40) knots. The rotorcraft has the capability to hover and move 

in the vertical and horizontal planes simultaneously. 

The technical specifications of the Identified System are as follows: 

1. Airframe: Boomerang Carbon Fiber Frame

2. Control System: 3DR PixHawk (3D Robotics) 

3. Tx1: Turnigy TGY 9X

4. Rx2: Turnigy 9X

5. Motors: T-Motor MN3508

 

1 “Tx” represents radio transmitter for command and control.

2 “Rx” represents radio receiver for command and control. 
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6. Propellers: Tiger RC 15” Carbon Fiber

7. Data Link: 3DR 915 MHz Radio, and 2.4 GHz 802.11

8. Camera: GoPro Hero 3+

9. Batteries: Turnigy 5000 mAh Li-Po

10. Empty Weight: <5lbs

11. Minimum Takeoff Weight: <5lbs

12. Maximum Takeoff Weight: <5lbs

13. Flight Time: 12 minutes

14. Programmed Range: >1mile

15. Maximum Wind Speed for Flight: 25 knots

16. Maximum Speed: 40 knots

17. Programmed Speed: 10 knots 

The Identified System is manually controllable at all times, and while it has

preprogrammed autopilot capability, it is not completely autonomous and the PIC can override it 

at any time using manual controls. A PIC controls vertical and lateral movement by varying rotor 

RPM among the four rotors, independently for lateral movement and collectively for vertical 

movement.

The Identified System contains a PixHawk advanced autopilot system manufactured by

3D Robotics known for its reliability and safety features. The PixHawk allows for scripting of 

missions and flight behaviors, and contains precise altitude and speed controls, and an on-board 

airspeed sensor. Additional safety features of the PixHawk include (1) an external safety switch

for motor deactivation, (2) an integrated backup system for in-flight recovery and manual 

override with dedicated processor and stand-alone power supply, (3) a backup system providing 

consistent autopilot and manual override modes, (4) redundant power supply inputs and 

automatic failover, (5) a multicolor LED visual indicator and high-power audio indicator, and (6)

a microSD card for high-rate, continuous logging. 

The Identified System tracks its battery life in real-time and is programmed to return to 

its launch location automatically in the event its battery life reaches 20%. The frame and 

propellers of the Identified System are made of high-quality, light-weight carbon fiber. The 

Identified System uses a 3DR 915 MHz Radio, and 2.4 GHz 802.11 communications link, which 

does not require any additional Federal Communications Commission (FCC) approvals beyond 

what is already approved for use commercially.

Finally, an off-shelf GoPro Hero 3+ camera is mounted to the Identified System airframe. 

The camera features include high-definition video recording with resolutions of 1080p60, 

960p60 and 720p120 fps, a wide-angle glass lens and 10.0MP still image resolution, allowing it 

to take highly precise video and photographs. 

Further technical information about the GoPro Hero 3+, Tiger propellers, Boomerang 

Frame, and the PixHawk control system can be found in the “Identified System: Technical 

Specifications”, attached hereto as Exhibit A.
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V. The Proposed sUAS Operation

The Identified System will be used to (i) conduct routine monitoring and (ii) produce

high resolution and quality precision aerial surveys and imaging of project sites for the civil 

engineering industry. It is a low cost solution with low-environmental impact that protects 

surveyors from the often hazardous conditions present at civil engineering project sites, while 

optimizing the quality and effectiveness of the data collected. 

A. Selection of Appropriate Project Sites

Identified Technologies wishes to operate the Identified System for the purpose of

conducting aerial surveys and imaging of project sites for the civil engineering industry. Typical 

project sites may include: (1) commercial and residential construction sites, (2) oil and gas and 

alternative energy sites, (3) public utility sites, (4) mining sites, (5) quarries, (6) excavation sites, 

and (7) and other infrastructure development sites. Identified Technologies will select 

appropriate projects sites based on safety considerations and any restrictions imposed by the FAA

that are related to sUAS operations (“Appropriate Project Sites” or “APS”). As such, Appropriate 

Project Sites are limited to those project sites that have the following operating environment: 

1. ASPs will be located in rural areas, away from any urban or congested locations.

2. ASPs will be located on secured private property with restricted public access.

3. ASPs will be located more than 5 miles away from any airport.

4. ASPs will be located in Class G Airspace.

5. ASPs will be such locations where the property owner has approved the 

contemplated sUAS operations.

Identified Technologies will not operate the Identified System at project sites that are not 

determined to be Appropriate Project Sites.

Pending the grant of this Petition by the FAA, Identified Technologies, together with its 

prospective customer, Pittsburgh-based Civil & Environmental Consultants, Inc., have identified 

three Appropriate Project Sites for the purpose of testing the Identified System, training its PICs 

and VOs to operate the Identified System, and conducting Identified Technologies’ first 

commercial sUAS operations. 

These Appropriate Project Sites include:

1. ASP No.1

Identified Technologies seeks to operate the Identified System at a private gas 

plant in West Virginia. The surrounding area’s primary land use is timber farming, 

pasture land and farming. The plant is located in a rural area in class G airspace 

and more than 20 miles from the closest airport. The property will be fenced off 

and secured, which will restrict public access.

2. ASP No. 2

Identified Technologies seeks to operate the Identified System at a private gas 

plant in West Virginia. The nearest population center is located approximately 10 
9 PHDATA 5241586_1

miles from the plant. The plant is located in a rural area in class G airspace and 

more than 5 miles from the closest airport, Glendale Airport. The property will be 

fenced off and secured, which will restrict public access.

3. ASP No. 3

Identified Technologies seeks to operate the Identified System at a private gas 

plant in Pennsylvania. The surrounding area’s primary land use is timber farming, 

pasture land and farming. The plant is located in a rural and unpopulated location

in class G airspace and more than 40 miles from the closest airport. The property 

will be fenced off and secured, which will restrict public access.

If its Section 333 exemption request is granted, Identified Technologies intends to expand 

its sUAS operations to other similar Appropriate Project Sites within the United States. 

B. The Identified System Operator Qualifications

The Identified System will be operated at Appropriate Project Sites by a Pilot in 

Command (PIC), who will be assisted by a ground-based Visual Observer (VO) at all times 

during the operation. The VO will be standing next to the PIC, will have a clear visual line of 

sight to the Identified System, and will be able to communicate verbally with the PIC at all times 

throughout the Identified System’s operation. The two PICs currently contemplated by Identified 

Technologies’ are engineers with significant experience operating the Identified System in an 

indoor setting. Moreover, collectively, they have on order of 1,000 hours of radio controlled (RC) 

flying experience, operating RC aircraft and multicopters for hobby and recreational purposes.

As of now, the Identified Technology PICs do not have a private pilot license or third 

class medical certificate, and Identified Technologies petitions the FAA for an exemption from 

the requirements of Section 61.113 (a) and (b) of Title 14, Code of the Federal Regulations (14 

C.F.R.) for the reasons set forth in Section 8.I, below. 

If required by the FAA, however, the PIC will obtain a private pilot certificate and third 

class medical certificate.

C. Training

If this Petition is granted by the FAA, the PIC and VO intend to test fly the Identified 

System outdoors, at the Appropriate Project Sites described above, or in locations bearing the 

same characteristics. Identified Technologies will adopt the FAA’s findings regarding sufficient 

training protocol for its PICs, whatever they may be, prior to conducting any commercial 

operations of the Identified System, and proposes the following in this regard (taken from the 

training requirements outlined by the FAA in the Trudeau Exemption, at pages 14-15, basing its 

analysis on the Astraeus Exemption):

The PIC must have accumulated and logged at least 25 hours of total time as a UAS 

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. 

The PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot

operating the same make and model of UAS to be used for operations under the 

exemption.
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For clarification, these minimum hour requirements will be inclusive rather than additive;

that is, 5 hours using the same system contemplated for operations may be included in the 

10 hours of multirotor time and the 10 hours may be included in the total 25 hours of 

UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 

take-offs and landings in the preceding 90 days (for currency purposes). . 

This will ensure the PICs to get sufficient flight experience to begin using the Identified 

System outdoors for the specified purposes outlined in this Petition. 

D. Identified System Flight Operations

The purpose of every Identified System flight will be to safely, accurately, and efficiently create 

survey maps and imaging of a project site. The Identified System will collect photogrammetric 

pictures, survey equipment to set ground control points, and use specialized photogrammetry

software to process the data. The survey output will be 3D surface models and high resolution 

aerial photographs. 

Every sUAS flight will use at minimum a two man flight crew, including the PIC and 

VO.

The standard pre-flight and operational procedure is as follows: 

1. Meet at the security gate and complete pre-flight security, as appropriate for each 

site. 

2. Set up a “no-entry” perimeter around the jobsite forbidding entrance by nonauthorized personnel.

3. Drive around the project site to ensure it is clear of non-authorized personnel.

4. Drive to the area to be surveyed.

5. Ensure that all necessary equipment, including the Flight Log, operating manuals 

and checklists, are readily accessible. 

6. The Pilot in Command begins to ready sUAS for flight. 

a. Set up the hand held weather station on tripod. 

b. Check over the airframe, connections, and propellers for any damage 

during transport in vehicle. 

c. Calibrate the camera. 

d. Turn on and ready the Ground Control Station (GCS). 

e. Connect communication antennae to the GCS. 

f. Open Ground Station software and pull up the pre-planned 

photogrammetry flight path. 

g. Remove the main flight Tx from its case, power it up, and verify voltage 

and settings. 

h. Remove the battery for flight, measure current voltage, and log findings in 

the battery manual. 
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i. Strap the batteries securely onto Identified System; do not attach the main 

power. 

j. Move the Identified System to take off point, approximately 30 feet from 

crew. 

k. Attach the main power. 

l. Listen to the power up sequence of beeps from the ESC and motors. 

m. Using the Flight Tx, cycle through different control modes, and observe 

on-board LED lights for good connection and response. 

n. Set up traffic cones around the sUAS with a 20-foot (approximate) radius. 

This is the “home” area; operators are not allowed inside this area while 

the electrical motor is running. 

o. Walk back to the vehicle with the Tx. 

p. Using the Flight Tx, activate engine power without moving the throttle up. 

This checks that the automatic throttle kill is working and also records the 

“home” point. 

q. Using the laptop Ground Station, select the button connecting the laptop to

the sUAS. 

r. The sUAS should appear on the screen, along with a recorded home point, 

battery voltage, current altitude relative to the ground, and current 

velocity. 

s. Upload the flight path data to the sUAS. 

t. Set a geo-fence around the jobsite so that when crossed the sUAS returns 

to Home. The Geo-fence will ensure that the sUAS never comes within 

the 500 ft limit from the public.

u. Verify good upload and connection. 

v. Verify weather from the portable weather station. 

w. Record the time and weather in Flight Log. 

x. The sUAS is now fully prepared and ready to go.

7. While the PIC is readying the aircraft, the VO, or secondary crew member, is 

preparing the Ground Control Points (GPC’s) and walking the site. 

a. Power up and calibrate the survey grade GPS equipment. 

b. Begin setting the GCPs and shooting the center of targets with survey 

GPS. 

c. While setting out the GCP’s, the secondary crew member is also making 

sure area is clear of all people. 
12 PHDATA 5241586_1

8. Typically, the secondary crew member and the PIC finish at about the same time. 

Upon his return, the secondary crew member sets the survey GPS to the side and

sits next to the laptop and camera Tx.

9. The PIC double checks that the take-off area is clear.

10. The PIC takes off flying to the approximate survey altitude. 

11. The PIC instructs secondary crew member to initiate the preprogrammed flight 

path. 

12. The secondary crew verifies that the Ground Station has a good connection and is 

tracking the sUAS. 

13. The secondary crew then turns on the camera to take pictures at a continuous 

interval. 

14. During the entire preprogrammed flight, the PIC and VO always have visual line 

of sight (VLOS) and the PIC is prepared to take over flight operations as needed 

to ensure safe operations. 

15. The PIC’s Tx has a flight count-down timer which is set to a minimum of 20% 

battery reserve (Calculated based on prior field experience to safely return the 

sUAS to safe landing with ample margin of error). The timer begins from the 

point the throttle is moved out of its start position. 

16. During flight, a secondary crew member vigilantly monitors the Ground Station 

data (voltage, forward velocity, altitude, and estimated remaining time to 

complete the mission) and relays any sudden changes or alerts to the PIC. 

17. As the mission completes, the PIC informs the secondary crew he is taking back 

over control. 

18. The secondary crew turns off the camera. 

19. The PIC begins to land the sUAS. 

20. After safely landing, the PIC immediately goes and unplugs the main power. He 

then checks the pictures to verify if the pictures are good and the mission was 

successful. 

21. If successful, the secondary crew leaves to go pick up GCPs.

22. The PIC checks battery voltage and records in battery log. 

23. The PIC records flight time in Flight Log. 

24. The PIC turns off both Tx, secondary GPS, and camera. 

25. The PIC looks over airframe to see if any damage or loose connections resulted 

from the flight, and records any findings. 

26. The PIC begins to pack all equipment up for safe transport. 

VI. The Identified System and Equivalent Level of Safety 

Identified Technologies proposes that the exemption requested herein apply to civil 

aircraft that have the characteristics and that operate within the limitations listed herein. These 
13 PHDATA 5241586_1

limitations provide for at least an equivalent or higher level of safety to operations under the 

current regulatory structure. 

The limitations and conditions to which Identified Technologies agrees to be bound when 

conducting commercial operations under an FAA issued exemption include: 

1. The Identified System will not be flown at night and will be operated under visual 

meteorological conditions (VMC) or where visibility is at least 3 statute miles 

from PIC.

2. Flights will be operated at an altitude of no more than 400 feet AGL, with the 

majority of flights anticipated to be operated at no more than 270 feet AGL.

3. The Identified System will not be flown at an airspeed exceeding 40 knots.

4. The Identified System will weigh less than 5 lbs. 

5. Maximum total flight time for each operational flight will be 12 minutes. Flights 

will be terminated at 20% battery power reserve should that occur prior to the 12 

minute limit.

6. 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 in connection with the operations be present for this briefing.

7. The operator will file any necessary paperwork in light of the exemptions with the 

appropriate Flight Standards District Office (“FSDO”). 

8. The Identified System will have redundancies and an independent flight 

termination system (FTS) that can be activated manually by the PIC to ensure the 

overall safety and predictability of the Identified System.

9. In the event of a loss of communications or signal, the Identified System is 

programmed to return to its home base.

10. The sUAS will have the capability to abort a flight in case of unexpected 

obstacles or emergencies. 

11. If the multirotor and its controller disconnects during flight, the system’s failsafe 

protection will come to the rescue and the multirotor will return to home and land 

automatically, rather than flying off uncontrollably or landing at an unknown 

location. 

12. If the multirotor crosses a geo-fence guarding the 500ft perimeter from the public, 

it will return to home and land automatically.

13. The Identified System will only be flown (i) in rural areas, away from any urban 

or congested locations, (ii) on secured private property with restricted public 

access, (iii) in areas located more than 5 miles away from any airport, (iv) in 

Class G Airspace, and (v) in such locations where the property owner has 

approved the contemplated sUAS operations.

14. The PIC, VO, and any additional crew members will comply with any additional 

safety regulations and protocols as may be required by each project site. 
14 PHDATA 5241586_1

15. Identified Technologies will communicate information about specific operations 

with Air Traffic Control (ATC) nearest to the project site.

16. Identified Technologies will submit a precise description of proposed Identified 

System operations (Plan of Activities) to the local Flight Services District Office 

(FSDO) within 3 days prior to the System operations. 

17. Identified Technologies will obtain an Air Traffic Organization (ATO) Certificate 

of Authorization or Waiver (COA) prior to any Identified System operations and 

will request a Notice to Airmen (NOTAM) at least 48 hours before operating the 

Identified System.

18. Written and/or oral permission from the relevant property holders will be 

obtained. 

19. 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. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, 

weight, speed, operating capabilities, proximity to airports and populated areas, and operation 

within visual line of sight and national security—provide more than adequate justification for the 

grant of the requested exemption allowing commercial operation of the Identified System to 

support the civil engineering industry pursuant to Identified Technology’s rules of operation 

described herein. 

Additional information concerning Identified operational procedures, which include the 

sign-in sheet, preflight procedures, maintenance and operations manual, and operating checklist, 

are attached to this Petition as Exhibit B (CONFIDENTIAL Supplement), which Identified 

Technologies requests not to be made public.

VII. Privacy 

There is little risk that the proposed use of the Identified System will result in any privacy

violations because all flights will occur over private or controlled access property with the 

property owner’s prior consent and knowledge. In addition, the anticipated project site locations 

will be in rural or unpopulated areas, and there is little chance that there will be inhabited houses 

in the visual area or other people who have not consented to being filmed or otherwise agreed to 

be in the area where filming will take place. No attempt will be made to identify any individuals 

filmed during the flights except in cases where they are trespassing upon or damaging customer 

property, or interfering with the applicant’s or its customers’ operations. 

VIII. Public Interest and Safety 

The civil engineering industry routinely utilizes workers on the ground to monitor, take 

photos, and conduct surveys of project sites. Project sites in the oil and gas, mining, excavation, 

and construction industries are known to be unsafe. Hazards at these sites include (1) exposure to 

dangerous chemicals, (2) unsafe ground conditions due to uneven terrain, debris, construction 

materials, and heavy equipment that lead to on-site injuries, (3) extreme temperatures which can 

lead to related illness and injury. 
15 PHDATA 5241586_1

Use of the Identified System will increase ground safety by eliminating ground surveying 

and the hazards associated therewith. By flying the Identified System over the project sites, 

rather than putting workers on the ground, the hazards stemming from these conditions will be 

removed. 

The use of the Identified System for these purposes will achieve significant economic 

efficiencies as well. The Identified System can complete each surveying task in under fifteen 

minutes, a drastic reduction in the amount of time as compared to surveyors who conduct ground 

surveys, who may otherwise spend three or more hours at a time in these conditions. 

Finally, inspections and monitoring of project sites by the Identified System will help 

project site owners identify dangerous conditions, including possible fires which have the 

potential to spread as wildfires, and may prevent serious injury to employees and other on-site 

and near-site personnel.

For all these reasons, the sUAS operations contemplated by Identified Technologies 

achieve a level of safety equal to or greater than that which would be achieved by flying a much 

larger manned aircraft carrying crew and flammable fuel for the same purposes. 

IX. Exemptions Requested under Section 333

Identified Technologies requests that an exemption be granted from the following 

regulations:

A. 14 CFR Part 21

B. 14 CFR 43.7

C. 14 CFR 43.11

D. 14 CFR 45.11

E. 14 CFR 45.21

F. 14 CFR 45.23(b)

G. 14 CFR 45.27

H. 14 CFR 45.29

I. 14 CFR 61.113(a) and (b)

J. 14 CFR 67

K. 14 CFR 91.7(a)

L. 14 CFR 91.9(b)(2)

M. 14 CFR 91.9(c)

N. 14 CFR 91.103(b)

O. 14 CFR 91.109

P. 14 CFR 91.119

Q. 14 CFR 91.121

R. 14 CFR 91.151(a)

S. 14 CFR 91.203(a) and (b)

T. 14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 91.409(a)(2)

14 CFR 91.417(a) and (b)

The regulations and the basis for an exemption are set forth as follows.
16 PHDATA 5241586_1

A. 14 CFR Part 21 Certification Procedures for Products and Parts—prescribes the 

procedural requirements for issuing and changing design approvals, production 

approvals, airworthiness certificates, and airworthiness approvals.

Identified Technologies requests an exemption from 14 CFR Part 21 to the extent 

applicable. This exemption meets the requirements for an equivalent level of safety pursuant to 

Section 333 based on the small size, light weight, relatively slow speed, safety and fail-safe 

system specifications of the Identified System, and its use in controlled rural environments on 

private land with restricted public access, as described previously in this Petition. Moreover, the 

Identified System carries no fuel and is therefore not at risk of fuel spillage and fire in the event 

of an accident.

If the exemption is granted, and an airworthiness certificate is not required, noise 

certification and testing also will not be required. See FAA, Public Guidance for Petitions for 

Exemption Filed Under Section 333 (September 25, 2014), at 4. In any event, the Identified 

System is a small, battery powered system designed to emit very little noise.

Notwithstanding the foregoing, the FAA has previously determined that relief under Part 

21 is not necessary for petitioners who have presented facts substantially similar to those 

presented by Identified Technologies. (See Exemption Nos. 11109, 11114, 11062, 11136, 11138, 

referenced in Section I, above).

B. 14 CFR 43.7 Persons authorized to approve aircraft, airframes, aircraft engines, 

propellers, appliances, or component parts for return to service after 

maintenance, preventive maintenance, rebuilding, or alteration—provides that 

the holder of a mechanic certificate or a repair station certificate may approve an 

aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to 

service.

Identified Technologies requests an exemption from 14 CFR 43.7. The Identified System 

is comprised of parts and components that are no different from a model aircraft, and the 

contemplated operators of the Identified System, who will maintain and when necessary repair 

the System, have engineering degrees. The operators will conduct inspections and maintenance 

based on maintenance guidelines, attached for reference as Exhibit B. The capabilities of these 

operators to maintain and repair the Identified System will meet the requirements for an 

equivalent level of safety pursuant to Section 333 for the type of sUAS, its intended use, and the 

intended operating environment and locations. 

C. 14 CFR 43.11 Content, form, and disposition of records for inspections 

conducted under parts 91 and 125—provides, in pertinent part, that maintenance 

record entries be maintained and a record for the listing of discrepancies and placards 

by inspectors be maintained.

Identified Technologies requests an exemption from 14 CFR 43.11. The Identified 

System’s central frame is less than 6 inches high. There is no room on the sUAS to store or 

display placards or records. Additionally, no inspections for the Identified System have been 
17 PHDATA 5241586_1

conducted or certified by FAA at the present time. However, as a condition to the approval of 

exemption, Identified Technologies is willing to keep log books of all maintenance and repairs, 

and such log books will be available at each project site during the sUAS operations. 

D. 14 CFR 45.11 Marking of Products—prescribes, in pertinent part, that the 

manufacturers of aircraft, engines and propellers mark such aircraft, engines, or 

propellers with an approved fireproof identification plate.

Identified Technologies requests an exemption from 14 CFR 45.11. The Identified 

System, due to its small size, does not have room for fireproof identification plates to be placed 

in it. Any required fireproof identification plates could become hazardous due to the additional 

weight and strain placed on the System.

E. 14 CFR 45.21 General—prescribes, in pertinent part, that no person may operate a 

U.S.-registered aircraft unless that aircraft displays nationality and registration marks 

in accordance with the requirements of this section and §§45.23 through 45.33.

Identified Technologies requests an exemption from 14 CFR 45.21. To date, no 

requirements or procedures for obtaining a registration mark for a sUAS have been established 

by the FAA. However, as a condition to the approval of exemption, Identified Technologies is 

willing to be assigned a registration number and to display it to the extent practicable.]

F. 14 CFR 45.23(b) Display of Marks; general—prescribes, in pertinent part, that 

when marks include only the Roman capital letter “N” and the registration number is 

displayed on limited, restricted, or 2 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.

Identified Technologies requests an exemption from 14 CFR 45.23(b), to the extent 

applicable. The Identified System’s center airframe is less than 6” in height. Due to its small size, 

the Identified System does not have room to display aircraft marks in a conventional size. 

However, as a condition to the approval of exemption, Identified Technologies is willing to affix 

an aircraft mark to one or more of the “arms” of the Identified System mainframe. The size of the 

marking will be determined by the size of the “arm” being used and may be less than 1 inch in 

size. 

The word “Experimental” will be placed on the center frame of the Identified System in 

compliance with §45.29(f). However, a partial exemption from this display regulation is 

requested 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 equivalent level of safety will be provided by having the Identified Technologies

sUAS marked on its center frame as required by §45.29 (f), where the PIC, observer and others 

working with the sUAS will see the identification of the sUAS as “Experimental.” The requested 

exemption is consistent with previous exemptions issued by the FAA—the FAA has previously 

determined that relief under 14 CFR 45.23(b) is not necessary for petitioners who have present 

facts substantially similar to those presented by Identified Technologies. (See Exemption Nos. 

11109, 11114, 11062, 11136, 11138, referenced in Section I, above).
18 PHDATA 5241586_1

G. 14 C.F.R. 45.27 Location of Marks; nonfixed-wing aircraft—prescribes, in 

pertinent part, that each operator of a rotorcraft must display on that rotorcraft 

horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required 

by §45.23.

Identified Technologies requests an exemption from 14 C.F.R. 45.27. The Identified 

Systems does not have a cabin, fuselage, boom or tail to display the marks as required by §45.23. 

Identified Technologies will place marks, to the extent practicable, on one of the “arms” of the 

main frame of the sUAS.

H. 14 C.F.R. 45.29: Size of Marks—prescribes, in pertinent part, that the 

registration marks for rotorcraft must be at least 12 inches high.

Identified Technologies requests an exemption from 14 CFR 45.29. The Identified 

System, due to its small size, does not have any surface area large enough to display marks that 

are 12 inches high. As a condition to the approval of exemption, however, Identified 

Technologies is willing to affix an aircraft mark to one or more of the “arms” of the main frame 

of the sUAS. The size of the marking will be determined by the size of the “arm” being used and 

may be less than 1 inch in size. 

I. 14 CFR 61.113(a) and (b) Private pilot privileges and limitations: Pilot in 

command—prescribe that (a) No person who holds a private pilot certificate may act 

as a pilot in command (PIC) of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as the PIC of 

an aircraft; (b) A private pilot may, for compensation or hire, act as PIC of an aircraft 

in connection with any business or employment if (1) the flight is only incidental to 

that business or employment; and (2) the aircraft does not carry passengers or 

property for compensation or hire.

Identified Technologies requests an exemption from 14 C.F.R. 61.113. It is contemplated 

that the PIC (pilot in command) of the sUAS will not possess a private or commercial license. 

However, because (i) the sUAS is no different a model aircraft, weighs less than 15 lbs. 

including payload, and will not carry any pilot or passengers, (ii) the area of operation is 

controlled and restricted, (iii) all flights will be planned and coordinated in advance, and (iv) the 

maximum altitude of the sUAS will not exceed 400 feet AGL, the proposed operations will 

achieve the equivalent level of safety of current operations by manned aircraft with airmen 

holding a private or commercial pilots license. 

For conducting safe sUAS operations, it is more important that the PIC of the sUAS be 

experienced, particularly with the sUAS at issue, than for the PIC to have a pilot’s license. The 

PICs operating under this exemption will be experienced. The two PICs currently contemplated 

by Identified Technologies have engineering degrees and a deep knowledge of sUAS systems,

1.5 years of radio control aircraft experience and has recreationally flown the Identified System 

in excess of 150 flights, and, therefore, meets or exceeds the present level of safety envisioned 

under this Section. 
19 PHDATA 5241586_1

Model aircraft, RC planes, and even certain unmanned military systems are routinely 

flown, successfully and safely, by hobbyists or personnel who do not have a private or 

commercial license. Research into this area has shown that the skill set needed to successfully 

and safely operate the UAS is very different from the set of skills needed by a pilot of manned 

aircraft. In fact, research has shown that a manned aircraft pilot is not equipped, merely by virtue 

of his obtaining pilot certification, to fly or operate a remote-controlled unmanned aircraft safely. 

In fact, in some cases a manned aircraft pilot’s training may be counterproductive when 

operating unmanned aircraft.3

Identified Technologies recognizes that the FAA, in addressing other Section 333 

exemption requests, has made it clear that it does not have the requisite authority to exempt a 

petitioner from the statutory requirement to hold an airman certificate under 49 USC § 44711, 

and has found that a pilot certificate would ensure that a PIC passes the security screening of the 

Department of Homeland Security. 

If the FAA is unwilling to grant this exemption on the same grounds, Identified 

Technologies asks that the FAA grant it the same relief that it has granted to other petitioners 

who presented substantially similar facts to that of Identified Technologies. See Exemption Nos. 

11109, 11114, 11062, 11136, 11138, referenced in Section I, above. For example, in the Trudeau 

Exemption, the FAA required the PIC to obtain at minimum, a private pilot license and outlined a 

training program to substantiate the PICs experience. Identified Technologies has already 

adopted the same training program and if necessary, will require that its PIC obtains a private 

pilot license. 

J. 14 CFR Part 67 Medical Standards and Certification—gives the FAA the 

authority to issue the necessary medical standards and certifications for pilots. FAA 

Notice 8900.227, paragraph 16.c.(4) PIC Medical, states, in pertinent part, that the 

PIC must maintain, at a minimum, a valid FAA second-class medical certificate 

issued under 14 CFR Part 67, Medical Standards and Certification, or the FAArecognized equivalent. Paragraph 16.e.(1) of the same Notice requires, in pertinent 

part, that all observers must have a valid FAA second-class medical certificate issued 

under part 67; an FAA-recognized equivalent is an acceptable means of 

demonstrating compliance with this requirement. The FAA notes that the notice 

referenced above is now incorporated into FAA Order 8900.1, vol. 16, ch. 4., sec. 1.

 

3

Examples of this research can be found in (1) Michael J. Barnes, Beverly G. Knapp, Barry W. Tillman, 

Brett A. Walters & Darlene Veliki, Crew Systems Analysis of Unmanned Aerial Vehicle (UAV) Future Job 

and Tasking Environments, Technical Report ARL- TR-2081, Aberdeen Proving Ground, MD: Army 

Research Laboratory, page 12 (2000); (2) Kevin W. Williams, Unmanned Aircraft Pilot Medical 

Certification Requirements, Report DOT/FAA/AM-07/3, FAA Civil Aerospace Medical Institute, page 2, 

(2007), available at http://fas.org/irp/program/collect/ua-pilot.pdf; and (3) Jason S. McCarley & 

Christopher D. Wickens, Human Factors Implications of UAVs in the National Airspace, Institute of 

Aviation, Aviation Human Factors Division, University of Illinois at Urbana-Champaign, 13 (2004), 

available at http://www.tc.faa.gov/logistics/grants/pdf/2004/04-G-032.pdf, citing Barnes, supra.
20 PHDATA 5241586_1

Identified Technologies requests an exemption from FAA Notice 8900.227, paragraph 

16.c.(4) and 16.e.(1) which requires that a PIC require a valid FAA second-class medical 

certificate under 14 CFR 67. Identified Technologies’ currently contemplated PICs do not 

currently hold a valid FAA medical certificate. Identified Technologies respectfully submits that 

a second-class medical certificate is unwarranted in this instance because (i) the sUAS is no 

different a model aircraft, weighs less than 5 lbs. including payload, and will not carry any pilot 

or passengers, (ii) the area of operation is controlled and restricted, and (iii) all flights will be 

planned and coordinated in advance with an auto-pilot feature and fail-safe programs to account 

for user error. There is little chance that the medical condition of the PIC will affect the 

Identified System operations in any unsafe or damaging way. 

To the extent the FAA requires the PIC to obtain a valid FAA medical certificate as a 

condition of permitting Identified System operations, however, Identified Technologies asks that 

the FAA grant it the same relief that it has granted to other petitioners who presented 

substantially similar facts to that of Identified Technologies. See Exemption Nos. 11109, 11114, 

11062, 11136, 11138, referenced in Section I herein. For example, in the Trudeau Exemption, the 

FAA found that a PIC holding a private pilot certificate and a third-class airman medical 

certificate is appropriate for the proposed operations. If the grant of this Petition is conditioned 

upon the PIC obtaining a valid FAA medical certificate, Identified Technologies will of course 

comply with that condition.

K. 14 CFR 91.7(a) Civil aircraft airworthiness—prescribes that no person may 

operate a civil aircraft unless it is in an airworthy condition.

Identified Technologies requests an exemption from 14 CFR 91.7(a). Currently there is 

no standard for determining the airworthiness of an sUAS, and no airworthiness certificate can 

be issued for the Identified System should this exemption be granted. 

An equivalent level of safety is met, given the size, weight, and performance 

specifications of the Identified System, as well as the requirements contained in the flight 

operations described above, including the maintenance procedures and use of safety check lists 

prior to each flight that have been submitted as Exhibit B. 

L. 14 CFR. 91.9(b)(2) Civil aircraft flight manual, marking, and placard 

requirements—prescribes, in pertinent part, that no person may operate U.S.-

registered civil aircraft 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. Approvals are granted under 14 CFR 91.203 (a) 

and (b).

Identified Technologies requests an exemption from 14 CFR 91.9(b)(2). First, there is 

currently no approval process for Airplane or Rotorcraft Flight Manuals. Second, the FAA has 

previously determined that relief from this section is not required, provided that relevant 

materials are kept in a location accessible to the PIC in compliance with the regulations. See the 

Trudeau Exemption at pg. 17. Identified Technologies has developed a flight operations manual 

and relevant materials for use during the Identified System operations, which it requires to be 

readily accessible to the PIC and VO during all Identified System operations.
21 PHDATA 5241586_1

M. 14 C.F.R. 91.9(c) Civil aircraft flight manual, marking, and placard 

requirements—prescribes that “(c) No person may operate a U.S.-registered civil 

aircraft unless that aircraft is identified in accordance with part 45 of this chapter.”

Identified Technologies requests an exemption from 14 CFR 91.9(c). As previously 

stated, there is no current registration process for sUAS; and the Identified System, due to its 

small size, does not have room to contain fireproof placard or to display aircraft marks in a 

conventional size. However, as a condition to the approval of petition, Identified Technologies is 

willing to affix an aircraft mark to one or more of the “arms” of the Identified Technologies 

sUAS. The size of the marking will be determined by the size of the “arm” being used and may 

be less than 1 inch in size. 

N. 14 CFR 91.103(b)(2) Preflight action—prescribes that each PIC shall, before 

beginning a flight, become familiar with all available information concerning that 

flight. This information must include... (b) For any flight, runway lengths at airports 

of intended use, and the following takeoff and landing distance information: (1) For 

civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing 

takeoff and landing distance data is required, the takeoff and landing distance data 

contained therein; and (2) For civil aircraft other than those specified in paragraph 

(b)(1) of this section, other reliable information appropriate to the aircraft, relating to

aircraft performance under expected values of airport elevation and runway slope, 

aircraft gross weight, and wind and temperature.

Identified Technologies requests an exemption from 14 CFR 91.103(b)(2). Currently, 

there is currently no approval process for Airplane or Rotorcraft Flight Manuals. However, the 

Identified Technologies PIC will, prior to conducting any sUAS operations, become familiar 

with all available information concerning that flight. Such actions, described at length in this 

Petition, will include reviewing weather conditions and visibility, flight battery life, landing and 

takeoff distances, and all other aircraft performance data prior to any Identified System 

operations. The flights of the Identified System will only be conducted at Appropriate Project 

Sites, with the PIC and VO having extensive knowledge of the operating environment. . 

O. 14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight 

tests—prescribes, in pertinent part, 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.

Identified Technologies requests an exemption from 14 CFR 91.109. Remotely piloted 

aircraft, including the Identified System, are designed and constructed without dual controls. 

Flight control will be accomplished through the use of a control box that communicates with the 

aircraft via radio communications. The equivalent level of safety is provided by the limited size 

and speed of the aircraft and by the fact that neither a pilot nor passengers will be carried in the 

aircraft. Moreover, the Identified System has a control system with a mix mode feature that 

allows for intermittent manual override of the autopilot control to achieve maximum safety and 

controlled operation of the Identified System. 

P. 14 CFR 91.119 Minimum safe altitudes: General—prescribes that, except when 

necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an 
22 PHDATA 5241586_1

emergency landing without undue hazard to persons or property on the surface. (b) 

Over congested areas. Over any congested area of a city, town, or settlement, or over 

any open-air assembly of persons, an altitude of 1,000 feet above the highest obstacle 

within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested 

areas. An altitude of 500 feet above the surface, except over open water or sparsely 

populated areas. In those cases, the aircraft may not be operated closer than 500 feet 

to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and 

weight-shift-control aircraft. If the operation is conducted without hazard to persons 

or property on the surface ... (1) A helicopter may be operated at less than the 

minimums prescribed in paragraph (b) or paragraph (c) of this section, provided each 

person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA; and (2) A powered parachute or weight-shiftcontrol aircraft may be operated at less than the minimums prescribed in paragraph 

(c) of this section.

Identified Technologies requests an exemption from 14 CFR 91.119. Identified 

Technologies will not operate the Identified System at an altitude higher than 400 feet AGL. 

Furthermore, while Identified Technologies will not be operating over any congested areas, the 

sUAS will necessarily be flown closer to 500 feet to the structures it will be examining. 

The requirements set out in this petition for the sUAS operations contemplated by 

Identified Technologies provide for an equal or greater level of safety that would be provided by

the operation of manned aircraft maintaining a distance of at least “500 feet to any person, 

vessel, vehicle, or structure,” in light of the small size and relatively light weight of the sUAS, 

the close monitoring of the flight by both the pilot in command and the secondary ground crew 

member, the remote and secured nature of the operating environment, and the other detailed 

operating limitations described in this Petition. 

Q. 14 CFR 91.121 Altimeter settings—prescribes, in pertinent part, 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.”

Identified Technologies requests an exemption from 14 CFR 91.121. Identified 

Technologies will not operate the Identified System above 400 feet AGL, nor will it operate the 

Identified System at a sustained cruising altitude like a manned aircraft. The laptop used in the 

ground station has live feedback information about the Identified System operation, including 

but not limited to, the altitude of the sUAS, its forward velocity, and the compass heading. The 

PIC will be able to observe and control the maximum altitude of the Identified System at all 

times. Additionally, the sUAS will be operated within the line of sight. For all these reasons, an 

equivalent level of safety to that contemplated by Section 91.121 will be provided. 

R. 14 CFR 91.151(a) Fuel requirements for flight in VFR conditions—prescribes that 

no person may begin a flight in an airplane under visual flight rules (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.
23 PHDATA 5241586_1

Identified Technologies requests an exemption from 14 CFR Part 91.151(a). The 

Identified System will be operated in a manner that is at least as safe as the operation of a 

manned aircraft complying with Part 91.151(a) because the Identified System will only be flown 

in daylight, and the short distances over which the sUAS will be operated (substantially less than 

one mile) will allow the sUAS to be flown to a safe landing point within the area of operation 

within a short period of time. 

During the entire pre-programmed flight, the PIC will always have a visual line of sight 

and be prepared to take over. The PIC’s Tx has a flight count down timer which is set to a 

minimum of 20% battery reserve (defined as allowing an additional 3 minutes of flight time);

more than enough to safely fly the sUAS back to the roped off “home” area. 

Given the limited size and speed of the sUAS, its ability to land safely almost anywhere, 

the fact that it will be under the PICand VO’s visual observation at all times, and will be operated

in a tightly controlled area, where all people other than the PIC and VO will be removed before 

flight, permitting its operation with less than 30 minutes of reserve fuel does not engender the 

type of risks that Section 91.151(a) was intended to alleviate. 

S. 14 CFR 91.203(a) and (b) Civil aircraft: Certifications required—. Section 

91.203(a) prescribes, in pertinent part, that no person may operate a civil aircraft 

unless it has within it—(1) An appropriate and current airworthiness certificate; and 

(2) An effective U.S. registration certificate issued to its owner or, for operation 

within the United States, the second copy of the Aircraft Registration Application as 

provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no 

person may operate a civil aircraft unless the airworthiness certificate 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.

Identified Technologies requests an exemption from 14 CFR 91.203(a) and (b). First, 

there currently are no procedures set forth by the FAA for providing airworthiness certificates for 

sUAS. As a condition to the approval of exemption, however, Identified Technologies will 

display on the sUAS a registration certificate or equivalent that is issued by FAA pursuant to this 

petition at the ground point control, where the operator will have immediate access to it. 

Second, the sUAS Identified Technologies will use the Boomerang, which has an 

equivalent level of safety as manned aircraft with an airworthiness certificate. The PixHawk

flight controller provides a number of safety features in addition to acting as the command and 

control Rx bound to the Turnigy TGY 9x brand Tx. Because of the use of GPS with the sUAS, 

the operator will set the initial location of flight takeoff (“home position”) and if the radio control 

link is broken, the PixHawk flight controller will recognize this broken control link and cause the 

sUAS to automatically return to the home position as recorded by the GPS instrumentation. 

Additionally, because the sUAS team will mark off an area with traffic cones having a 20-ft. 

radius, approximately 30 ft. from the operators, that will be used as the “home position” for the 

sUAS to return, no one will be standing in the way of the path. See Exhibits A and B. 

In the restricted environment and under the conditions proposed, operation of the sUAS 

will be at least as safe as a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate, but without the restrictions and conditions proposed by Identified 

Technologies. Identified Technologies will not accept assignments from clients who are within 5 
24 PHDATA 5241586_1

miles of controlled airspace without first gaining written and/or oral permission from air traffic 

control (ATC). 

The Identified System to be operated hereunder is less than 5 pounds inclusive of 

batteries and technical payload, carries neither a pilot nor passengers, and carries no explosive 

materials or flammable liquid fuels. The Identified System will be tightly controlled and 

monitored by the PIC and VO, and under the requirements and in compliance with local public 

safety requirements, to provide security for the area of operation. The FAA will have advance 

notice of all operations. These safety enhancements provide a greater degree of safety to the 

public and property owners than conventional operations conducted with airworthiness 

certificates. Lastly, application of these same criteria demonstrates that there is no credible threat 

to national security posed by the Identified System, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a

substantial payload. 

T. 14 CFR 91.405(a) Maintenance Required, 91.407(a)(1) Operation after 

maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(2)

Inspections, 91.-417(a) and (b) Maintenance Records—Section 91.405(a) 

prescribes, in pertinent part, that each 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, Maintenance, Preventive, Maintenance, Rebuilding, 

and Alteration. Section 91.407(a)(1) prescribes that no person may operate any 

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or 

alteration unless it has been approved for return to service by a person authorized 

under § 43.7 of this chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no 

person may operate an aircraft unless, within the preceding 12 calendar months, it has 

had an inspection for the issuance of an airworthiness certificate in accordance with 

part 21. Section 91.417(a) and (b) prescribe, in pertinent part, that ... (a) Each 

registered owner or operator shall keep the following records for the periods specified 

in paragraph (b) of this section: (1) Records of the maintenance, preventive 

maintenance, and alteration and records of the 100-hour, annual, progressive, and 

other required or approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records 

must include ... (i) a description (or reference to data acceptable to the Administrator) 

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

signature and certificate number of the person approving the aircraft for return to 

service. (2) Records containing the following information: (i) The total time in service 

of the airframe, each engine, each propeller, and each rotor. (ii) The current status of 

life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The 

time since last overhaul of all items installed on the aircraft that are required to be 

overhauled on a specified time basis. (iv) The current inspection status of the aircraft, 

including the time since the last inspection required by the inspection program under 

which the aircraft and its appliances are maintained. (v) The current status of 

applicable airworthiness directives (AD) and safety directives including, for each, the 

method of compliance, the AD or safety directive number and revision date. If the AD 

or safety directive involves recurring action, the time and date when the next action is 

required. (vi) Copies of the forms prescribed by § 43.9(d) for each major alteration to 
25 PHDATA 5241586_1

the airframe and currently installed engines, rotors, propellers, and appliances. (b) 

The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is 

performed. (2) The records specified in paragraph (a)(2) of this section shall be 

retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of 

defects furnished to a registered owner or operator under § 43.11 shall be retained 

until the defects are repaired and the aircraft is approved for return to service.

Identified Technologies requests an exemption from 14 CFR 91.405(a), 91.407(a)(1), 

91.409(a)(2), 91.-417(a) and (b). Identified Technologies respectfully submits that it has 

demonstrated in its Petition that the capability of the PIC and sUAS operators to maintain and 

repair the Identified System meets Section 333’s requirement for an equivalent level of safety. 

The PIC will perform routine maintenance and inspection of the Identified System and be 

authorized to approve the Identified System for return to service. Additionally, the PIC will 

ensure that the Identified System is in an airworthy condition prior to any flight, and will conduct 

detailed inspections pursuant to the maintenance manuals. Detailed inspection records will be 

kept at all times by Identified Technologies. Given the size, construction, and simplicity of the 

Identified System, an equivalent level of safety is provided. 

X. Certificate of Authorization or Waiver

This exemption request is a prerequisite to Identified Technologies’ application for a 

commercial Certificate of Authorization or Waiver (COA) to use the Identified System for the 

purpose of conducting aerial surveys and monitoring of secure project sites in support of the civil 

engineering industry, including without limitation construction, excavation, transportation 

infrastructure, mining, and oil and gas sites. 

XI. Conclusion

Identified Technologies respectfully submits that it has demonstrated that (i) the 

Identified System is safe, reliable and will satisfy the FAA’s airworthiness assessment, (ii) the 

Pilot in Command (PIC) and visual observer (VO) have the requisite knowledge and experience 

to ensure the safe operation of the Identified System, (iii) Identified Technologies has developed 

and complies with operation procedures and parameters that further ensure safe sUAS operations 

in the national airspace, removing any legitimate the threat of harm to humans and property, 

including other manned aircraft, and (iv) Identified Technologies’ proposed operations, which 

include without limitation, the use of the Identified System to conduct aerial imaging, monitoring 

and surveying of secure project sites for the benefit of the civil engineering industry, achieve a

level of safety equal to or greater than that which would be achieved by flying a larger manned 

aircraft carrying crew and flammable fuel for the same purposes. In addition, permitting use of 

the Identified System will achieve various economic and environmental benefits, as well as 

significant efficiencies, associated with cost, labor and safety, that serve the public interest.

Identified Technologies asks that the FAA grant its request for exemption from the aforedescribed FARs under Section 333, and approve its operation of the Identified System in the 

national airspace in accordance with the limitations and restrictions set forth herein.