February 18th

, 2016

VIA FDMS

U.S. Department of Transportation

1200 New Jersey Avenue, SE

West Building Ground Floor, Room W12-140

Attn: FAA Dockets

Washington, DC 20590

Re: Airware – Second Petition to Amend Exemption No. 13780 

(Docket No. FAA-2015-3615)

Dear Sir or Madam:

On November 24, 2015, the FAA granted Unmanned Innovation, Inc. d/b/a Airware

(“Airware”) an exemption pursuant to Section 333 of the FAA Modernization and Reform Act of

2012 authorizing Airware to operate DJI S1000 and Allied Drones AT28 unmanned aircraft

systems (“sUAS”) to conduct aerial data collection, market surveys and demonstrations

(“Exemption No. 13780”).1 On December 15, 2015, Airware petitioned the FAA to amend its

Section 333 exemption authority to enable Airware to operate certain additional sUAS under

the same operating conditions and limitations as specified in Exemption No. 13780 (the

“December 15, 2015 Amendment”).

2

 The December 15, 2015 Amendment is still pending

before the agency.

Airware now requests further amendment3 of Exemption No. 13780 to authorize it to

operate its sUAS within 500 feet of nonparticipating structures in furtherance of Airware’s

business objectives – particularly, inspection of rooftop damage to homes for insurance

purposes, and inspection of cell towers and electrical substations.4 Specifically, Airware seeks

relief from Condition No. 27.b insofar as it requires Airware to secure permission from all

owners of structures (in this context, homeowners) located within 500 feet of Airware’s sUAS. 

This condition prevents Airware from conducting these critical inspections with its sUAS, as

obtaining consent from each homeowner in a neighborhood would be enormously expensive,

 

1

In the Matter of the Petition of Unmanned Innovation, Inc. d/b/a Airware, Grant of Exemption 

No. 13780 (Nov. 24, 2015), Docket No. FAA-2015-3615. 

2 These additional aircraft include the Yuneec Tornado H920, Altus Delta X4, Altus Delta X8, Altus 

Delta LRX, Altavian Nova F6500 and Swift Radioplanes Lynx sUAS. 

3 Airware respectfully asks that the FAA process this amendment request independently from the 

December 15, 2015 Amendment so as to facilitate its sUAS operations with the additional aircraft without delay.

4 Airware also requests relief from the conditions and limitations of the blanket COA issued 

incident to Exemption No. 13780 to the extent necessary to implement this amendment request. Specifically, 

Airware requests modification of Condition No. 16 so as to operate at an altitude not to exceed 200 feet AGL and 

at a distance not to exceed 100 feet from the structure being inspected, irrespective of the distance of the 

operation from an airport and, in all cases where the operation is within 5 nautical miles of a controlled airport, 

only after coordinating with the control tower.
FAA Dockets

February 18th, 2016

Page 2 of 3

time-consuming and otherwise impracticable. Accordingly, Airware urges the FAA to grant it

relief from this condition in light of the following safety considerations:

 Airware has conducted, without incident, over 75 successful operations of this same

profile with the North Dakota and Virginia Tech Test Sites under COA provisions that

do not restrict flights from being operated within 500 feet of non-participating

structures. These flights have been conducted in a variety of different conditions

across the nation.

 The sUAS to be used in these operations would be limited to small (i.e., less than 15 

lbs.) multi-rotor aircraft that pose minimal risk to persons and structures.

 Airware would brief and secure prior approval from the owners of all homes over

which Airware’s sUAS would be operated, and would instruct owners whose

property is being inspected to remain indoors while Airware’s sUAS is overhead. 

Airware would also restrict the sUAS from flying over neighboring properties using

proven geofencing technology which automatically creates geofences based on

property boundaries. Doing so will ensure that the sUAS stays within the approved

property boundary and cannot penetrate the geofence, even in emergency

situations.

 Airware’s geofencing software and other safety critical software has been

engineered to ASTM standards as part of a joint effort between Airware, MITRE and

FAA’s sUAS certification branch in Kansas City. Airware’s flight control hardware and

software is tested to aviation grade standards to ensure the highest levels of

reliability and safety.

 Airware’s sUAS will feature the following additional safety features:

o A contingency management system that allows the sUAS to automatically detect

operational issues (e.g., loss of link, low battery, GPS failure, flight critical sensor

failure, etc.) and respond appropriately – every time. Including predefined

emergency landing zones on the approved property.

o A manual override in the case of an emergency, which will ensure the sUAS lands

safely on approved property.

 All sUAS operations would be covered by Airware’s insurance policy. 

 All operations will be conducted at low altitudes – below 200 feet AGL in all cases,

and well below 100 feet AGL in most cases. 
FAA Dockets

February 18th, 2016

Page 3 of 3

Simply put, Airware’s operations would be restricted – and controlled – so as to remain 

over property for which Airware has overflight permission. By operating within a defined “silo” 

over the property being inspected, Airware would not be operating over any adjacent persons 

or property.5

Moreover, the relief Airware seeks herein is consistent with the operating parameters

proposed in the FAA’s sUAS NPRM, which does not specify a minimum distance between the

sUAS and nonparticipating individuals, but rather simply would prohibit sUAS operations “over

any person not directly participating in the operation.”6 

Airware’s operations will comply with all other conditions and limitations specified in

Exemption No. 13780. The same public interest and safety factors that supported the FAA’s

issuance of Exemption No. 13780 exist here. 

Should you have any questions or require any additional information, please do not

hesitate to contact Jesse Kallman, Airware’s Director of Business Development & Regulatory

Affairs, at jkallman@airware.com or (415) 992-3901. 

Respectfully submitted,

Jesse Kallman

Unmanned Innovation, Inc. d/b/a Airware 

 

5

For additional safety details on Airware’s sUAS, FAA may refer to the Regulatory Reference 

Manual that Airware submitted on a confidential basis to the agency on September 4, 2015. 

6 Operation and Certification of Small Unmanned Aircraft Systems; Notice of Proposed 

Rulemaking, 80 Fed. Reg. 9544, 9576 (Feb. 23, 2015) (emphasis added).