April2, 2015 

United States Department of Transportation 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Avenue, NE 

Washington, DC 20590 

Filed in www.regulations.gov 

kin ump 

STRAUSS HAUER & FELD LLP 

GREGORY 5. WALDEN 

+ 1 202.887.4213/fax: + 1 202.887.4288 

gswalden@akingump.com 

Re: Petition for Exemption of PreNav, Inc. under Section 333 of the FAA Modernization 

and Reform Act, 49 U.S.C. 44701(±), and 14 C.F.R. Part 11 

On behalf of PreNav, Inc. ("PreNav"), we hereby seek an exemption from certain Federal 

Aviation Regulations enumerated below, as authorized by Section 333 of the FAA 

Modernization and Reform Act ("Section 333"), Subsection 44701(±) of the Federal Aviation 

Act, and pursuant to the procedures set forth in Part 11 of the Federal Aviation Regulations, to 

allow PreNav to operate small unmanned aircraft systems ("sUASs") for commercial purposes, 

so long as such operations are conducted within and under the conditions outlined herein or as 

may be established by the FAA as required by Section 333. 

The sUAS systems operated by PreNav utilize rotorcraft, weighing less than 20 lbs (payload 

included). The rotorcraft move at a speed of no more than 50 knots, are operated within the 

visual line of sight of the operator, and have the capability to hover and move in the vertical and 

horizontal plane simultaneously. PreNav has initially selected a rotorcraft consisting of a 

RotorBits carbon fiber airframe, Pixhawk flight controller (manufactured by 3D Robotics) 

running custom firmware, onboard sensors and electronics, a radio transmitter for manual 

piloting, and ground control software. PreNav's typical flight is under 400-feet above ground 

level ("AGL") and is under 10 minutes in duration. Additionally, for certain operations as 

appropriate, the sUAS system will include a custom environment scanner, tracking device, and 

software developed by PreNav to enable precision flight and automatic collision avoidance. 1 

PreNav is a privately-held technology company based in Silicon Valley that's developing 

advanced navigation solutions for sUAS. PreNav's technology is geared to enable autonomous 

1 Manual will be provided separately. 

RobertS. Strauss Building 11333 New Hampshire Avenue, N.W.I Washington, D.C. 20036-15641202.887.4000 I fax 202.887.42881 akingump.com 
PreNav Petition for Exemption 

April2, 2015 

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navigation of cluttered, complex, or GPS-denied environments by leveraging "sense and avoid" 

capabilities and precise control of the aircraft. These capabilities are essential components of a 

future UAS industry that is able to operate safely and efficiently, especially when considering 

applications that involve autonomous flight beyond line of sight. 

For this Section 333 exemption request, PreNav is proposing to use its sUAS systems in order to 

automate visual inspections of industrial structures such as wind turbines, cell phone towers, 

flare stacks, bridges, rooftops, mines, and construction sites. These structures are often inspected 

by workers via rope access or crane, which is slow, costly, and dangerous. By inspecting these 

structures via sUAS, workers can remain on the ground, preventing injuries or deaths from 

accidental falls. Because sUAS require less time to perform these inspections, money can be 

saved by reducing the downtime of the asset during the inspection. Also, the site can be 

inspected more frequently, thus reducing the risk of catastrophic failure as a result of lengthy 

gaps between inspections. The FAA has recognized the safety benefits of operating sUAS in lieu 

of manned aircraft in previously granted exemptions under Section 333. 

Additionally, PreNav proposes to use its sUAS for closed-set aerial cinematography. Currently 

this type of work is performed by manned aircraft flying at low altitudes, so using a sUAS that 

weighs less than 20 lbs and keeps pilot and crew on the ground will be a safer choice for these 

operations. For such operations, the FAA has also recognized the enhanced safety of using 

sUAS. 

PreNav maintains strict safety measures including constant system testing/upgrades, failsafe 

backups, insurance coverage & an experienced crew of pilot, software/camera operator, and 

visual observer/safety personnel. The limitations and conditions to which PreNav agrees to be bound 

when conducting commercial operations under an FAA issued exemption include: 

1. The sUAS will weigh less than 20 lbs. 

2. Flights will be operated within the visual line of sight of a pilot and observer. 

3. Maximum total flight time for each operational flight will be 20 minutes. Flights will be 

terminated at 40% battery power reserve should that occur prior to the 20 minute limit, 

and firmware includes a failsafe to auto-land the aircraft at 30% battery power reserve. 

4. If the sUAS loses communication link, it will have the ability to return to a predetermined location within the Security Perimeter to land. 

5. The sUAS will have the capability to abort a flight in case ofunpredicted emergencies 

6. Flights will be operated at an altitude of no more than 400 feet AGL or, in the event the 

structure being filmed/inspected is higher than 400 feet, flights will be operated not more 
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than 100 feet above the structure that is being inspected so long as that structure is less 

than 1000 feet tall. 

7. Minimum crew for each operation will consist of the sUAS pilot, a camera/software 

operator, and a visual observer/safety technician. 

8. Pilot, camera/software operator, and observer will at all times be able to communicate by 

voice so that there is no risk of a loss of communication between them throughout the 

flight. 

9. Pilot, camera/software operator, and observer will have been trained in operation of 

sUAS generally, and will have received up-to-date information on the particular sUAS to 

be operated 

10. The sUAS pilot will serve as Pilot in Command (PIC) and holds a private pilot certificate. 

11. PreNav will be operating its sUAS on private property, and written and/or oral 

permission from the relevant property holders will be obtained. 

12. The sUAS will only operate within a confined "Sterile Area" with a "Security Perimeter" 

for the flight operations area to be defined for each location. The operator will obtain the 

consent of all persons involved in the sUAS operations and will ensure that only 

consenting persons will be allowed within 150 feet of the flight operation. 

13. A briefing will be conducted in regard to the planned sUAS operations prior to each 

day's activities. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing. 

14. The operator will obtain a COA before performing any operation. Although PreNav 

expects to operate its sUAS above 200 feet AGL on occasion, it will seek an appropriate 

COA and requests that it be issued at the time of the grant of this petition. 

The name of the applicant is: 

PreN av, Inc. 

Attn: Nathan Schuett, CEO 

nate@prenav .com 

Phone:415-652-9723 

Fax:415-276-1894 

Address: 887 Industrial Rd., STE B, San Carlos, CA 94070 

www.prenav.com 
PreNav Petition for Exemption 

April 2, 2015 

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Exemptions requested 

14 C.P.R. Part 21 (airworthiness certification) 

14 C.P.R. Part 27 (normal category rotorcraft) 

14 C.P.R. 61.113 (a) and (b) (pilot certification and qualification) 

14 C.P.R. 91.7(a) & (b) (airworthiness) 

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14 C.P.R. 91.105 (flight crew members at stations; seat belt and shoulder harness requirements) 

14 C.P.R. 91.119(b) and (c) (minimum safe altitudes) 

14 C.P.R. 91.121 (altimeter settings) 

14 C.P.R. 91.151(a) (fuel requirements in VPR conditions) 

14 C.P.R. 91.405 (a) and (b) (maintenance) 

14 C.P.R. 91.407(a)(1) (approval for return to service) 

14 C.P.R. 91.409(a) (annual and airworthiness certification inspection) 

14 C.P.R. 91.417(a) and (b) (maintenance records) 

Safety equivalence or no adverse effect on safety 

Unmanned Aerial Vehicle and System 

The sUAS to be operated by PreNav for these missions is a quadrotor, remotely-piloted UA V 

weighing less than 20 lbs, and which includes a number of technological capabilities to 

demonstrate its airworthiness. It employs state of the art motors and airframe construction, such 

as the RotorBits carbon fiber frame. The onboard flight controller is the Pixhawk, which is 

manufactured by 3D Robotics, running PX4-based firmware with several features to ensure a 

safe and stable flight, including: auto-stabilization, altitude hold, position hold via GPS, autoland capability, return to launch failsafe, and more. Additionally, PreNav has developed a lidarbased environment scanning and tracking device that provides accurate local position 

coordinates to the aircraft to assist it with precise navigation in and around the structures that are 

being inspected. 

Should there be a loss of communications link, the aircraft can automatically return to its safe 

launch area. In the event there is a loss of GPS or local positioning information (as provided by 

PreNav's technology), the pilot can take control of the UAV and land the aircraft manually. If 

the UA V encounters an unexpected obstacle, the pilot can take control and either divert the flight 

or maintain the UA V in a safe hover position away from the obstacle. Battery power provides up 

to 20 minutes of safe operation, and PreNav will land the UAV upon hearing an audible warning 
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at 40% battery remaining, well before the battery reaches 30% remaining. The Pixhawk flight 

controller with PX4 firmware includes an additional failsafe to auto-land the aircraft if the 

battery reaches 30% remaining. If no warnings or auto-landings take place, PreNav will land the 

aircraft at the 20 minute mark. 

Given its small size, operational capabilities, and restricted area in which the UA V will operate, 

an exemption from Part 21, Subpart H, Airworthiness Certificates, and 14 C.P.R. 91.7(a), is 

warranted, as PreNav's UAV satisfies the equivalent level of safety as compared with manned 

aircraft and meets the criteria in section 333. Operating the UA V without an airworthiness 

certificate in the restricted environment under the conditions proposed will be safer than 

operating a manned helicopter operating with an airworthiness certificate and not subject to such 

conditions. 

The UAV with payload is less than 20 pounds; it carries no explosive materials or flammable 

liquid fuels, and operates exclusively over private property, with no passengers or crew on board. 

As the FAA has found in granting an exemption to Clayco, Exemption No. 11109, at page 10: 

The limited weight significantly reduces the potential for harm to participating and 

nonparticipating individuals or property in the event of an incident or accident. The risk 

to an onboard pilot and crew during an incident or accident is eliminated with the use of a 

UA for the aerial filming operations. 

For the reasons outlined above, PreNav also seeks an exemption from the certification 

requirements for normal category rotorcraft in Part 27. 

In support of PreNav's request for an exemption from 14 C.P.R. 91.405(a), 91.407(a)(1), 

91.409(a)(l) and (2), and 91.417(a) and (b), PreNav will adhere to the following inspection and 

maintenance program: PreNav will inspect the UA V before and after each operation, as well as 

perform interval inspections, as set forth in its operations manual. Before each flight, the pilot 

in command will inspect the UA V to ensure it is in a safe condition for flight. The preflight 

inspection will account for any discrepancy, such as an inoperable component, item, or 

equipment. PreNav will not initiate a flight if the inspection reveals a condition that adversely 

affects the safety of operations, and will not operate that UA V until it is found to be in a safe 

condition. Any UAV that has undergone maintenance or an alteration that affects the UAV's 

operation or flight characteristics will undergo a functional flight test before return to service. 

PreNav will follow the manufacturer's UAV requirements relating to components, maintenance, 

overhaul, replacement, inspection and life limits. PreNav will record all maintenance, 
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alterations, and the functional flight test in the UA V logbook, including total flight hours, 

description of work accomplished, and the initials of the UA V technician who returned the UA V 

to service. 

PreNav's UAV is equipped with a barometer, and in some cases an additional laser altimeter, 

that provides the pilot with a constant digital estimate/display of altitude. Moreover, the UA V 

will be operated within the visual line of sight of the pilot in command and observer and below 

400 feet AGL for most structures, and no more than 100 feet above any structures that are taller 

than 400 feet. Accordingly, PreNav does not believe an exemption from 14 C.F.R. 91.121 is 

required. 

In support of PreNav's request for an exemption from fuel requirements in 14 C.F.R. 91.151(a), 

PreNav's UAV is battery-powered, is operated only for brief periods of time, and will not 

operate with less than a 30% reserve. PreNav notes that the FAA has granted many exemptions 

to sUAS operators from this regulation. PreNav agrees to the condition the FAA has imposed in 

those exemptions, namely that the pilot in command is prohibited from beginning a flight unless 

(considering wind and forecast weather conditions) there is enough power to fly at normal 

cruising speed to the intended landing point and land the UA with 30% battery power remaining. 

The Radio Frequency (RF) spectrums used for command and control of the UAS, payload/data 

transmission and other flight test telemetry are a combination of 915 MHz, 2.4 GHz, and 5 GHz 

and comply with the Federal Communications Commission (FCC) requirements for the United 

States. 

UA V and UAS Operator Qualifications and Training 

In support of PreNav's request for an exemption from the pilot certification and qualifications 

requirements in 14 C.F.R. 61.113(a) and (b), PreNav asserts that an equivalent level of safety is 

achieved by its DAY/VAS-specific training and the experience of its pilot in command and 

operating team, as well as its "sense and avoid" technology. 

Training and Experience 

PreNav recognizes the FAA's position that section 333 does not allow the FAA to waive the 

requirement of a UAV operator to hold an airman certificate, relying on 49 U.S.C. 44711. 
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Although section 44711 requires an "aircraft" operator to hold a private pilot certificate, section 

333 is a more recent enactment and provides explicit authority to the FAA to exempt a UAV 

operator from any certification requirement. Section 333 instructs the FAA to consider whether 

to require airworthiness certificates, certificates of waiver, and certificates of authorization, "at a 

minimum." (Emphasis added.) Thus, Congress vested FAA with discretion to waive certificate 

requirements other than an airworthiness certificate, including an airman and medical 

certificates. 

Even if the pilot certification requirement is not waived, FAA has plenary exemption authority 

under section 44701(f) to exempt UAV operators from the particular requirements of Parts 61 

and 67 - such as the requirement to conduct flight training on board an aircraft - and develop an 

airman certificate specifically designed for small UA V operations. Applying manned aircraft 

pilot certification requirements to small UAVs is not necessary as a matter of safety, and does 

not make sense as a matter of public policy. In the FAA's recent Notice of Proposed 

Rule making, the FAA proposes to require an aeronautical knowledge test in lieu of a private 

pilot certificate. 

PreNav believes that FAA's determination in the Astraeus Aerial and other exemptions that a 

commercial pilot certificate is not required for the operators of UAVs for closed set filming 

applies equally to the nature of its UAV operations: 

[T]he experience obtained beyond a private pilot certificate in pursuit of a commercial 

pilot certificate in manned flight does not necessarily aid a pilot in the operational 

environment proposed by the petitioner; the FAA considers the overriding safety factor 

for the limited operations proposed by the petitioner to be the airmanship skills acquired 

through VAS-specific flight cycles, flight time, and specific make and model experience, 

culminating in verification through testing. 

(Emphasis added.) PreNav believes this reasoning supports a UAV/UAS-focused training and 

experience regimen that should obviate not only a commercial pilot certificate but also private 

pilot certificate requirements in Parts 61 because any training will be focused on the particular 

skills of operating the particular small UAV and the particular nature of UAS operations. 

PreNav will require its pilot in command to have 12 hours of training operating the particular 

UAV/UAS, including 50 take-offs and landings, and at least 25 hours of flying UAV rotorcraft 

generally. Although PreNAv will initially use a person who holds a private pilot certificate, 

PreNav requests the FAA grant an exemption from the manned aircraft flying experience 

requirements in Part 61 and accept PreNav's training and experience regimen. 
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PreNav pilots in command will meet requirements in Part 67 for a third class medical certificate, 

although PreNav notes that FAA is now willing to accept a U.S. driver license in lieu of medical 

certification. The PIC will also have accomplished at least 3 take-offs and landings in the 

preceding 90 days, for currency purposes. 

Sense and Avoid Technology 

The sense and avoid system developed by PreNav includes an environment scanning and 

tracking device, and control system which together are able to guide the aircraft more effectively 

and precisely than a human operator, as well as respond more quickly to changes in the 

environment such as moving obstacles. By generating a 3D point-cloud of the environment, and 

tracking and ranging the UAV as it flies through the environment, control of the UAV can be 

handled automatically via PreNav's system. In the event of a loss of communication or failure of 

the system, the pilot can take back control and manually operate the aircraft with the radio 

transmitter. Since the primary operation of the system can be handled via the "sense and avoid" 

technology PreNav has developed, requiring its pilot in command to hold a pilot certificate 

(commercial, private, recreational, or sport) is unnecessary and would impede PreNav's ability to 

innovate and scale operations within the United States. 

UA V and UAS Operating Parameters 

PreNav will operate its UAV in full compliance with its operating manual. PreNav's typical 

flight will last no longer than ten minutes. Battery power provides 20 minutes of operation before 

reaching 30% capacity; PreNav operators will receive an audible reminder at 40% capacity, and 

PreNav will land the UAV at that time, well before it reaches 30% capacity remaining. If no 

reminder is issued, PreNav will land the UAV at 20 minutes and additionally the UAV has a 

failsafe to auto-land at 30% battery capacity remaining. 

All flights will be conducted within the visual line of sight of the pilot in command, in a tightly 

circumscribed area not to exceed the smaller of a 400 foot radius from the launch site or the 

boundaries of the property where operations are taking place. Oral or written consent from the 

property owners will be obtained in all circumstances. PreNav's UAV will not be operated over a 

congested area or open air assembly of persons. 

PreNav conducts a briefing before each day's operations, which all personnel participating in the 

operations must attend. PreNav will obtain written consent of any person who will be 
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PreNav Petition for Exemption 

April2, 2015 

Page 9 

participating in the operations or otherwise is within the area where the operation is taking place. 

PreNav will provide notice to any adjacent buildings or structures. 

PreNav seeks an exemption from the requirement in 14 C.P.R. 91.119, subsection (b), that an 

aircraft must remain at least 1,000 feet above any congested area or open air assembly of 

persons, and subsection (c), that an aircraft must remain at least 500 feet above any person or 

structure in an area other than populated or congested, and not closer than 500 feet to any person, 

vehicle, or structure. These requirements were adopted with fixed-wing, manned aircraft 

operations in mind, and PreNav needs the UAS to be within 500 feet of the ground, structures, 

and operating crew to perform the work. If operations are taking place within an area where 

nonparticipating persons could come within 150 feet of the aircraft, PreNav will post warning 

signs I barriers saying "ATTENTION: Unmanned Aerial Operations in Progress- Remain Back 

150 feet" in order to create a security perimeter around the operation. In the event that effective 

signage cannot maintain a sterile area due to the environment where the work is taking place, 

PreNav will ensure protective barriers or structures are in place that can sufficiently protect non 

participating persons. If a situation arises where nonparticipating persons enter the sterile 

environment or leave the protection of the barriers, PreNav will immediately cease flight 

operations and land in a safe environment away from the non-participating persons. 

PreNav will notify the appropriate Flight Standards District Office "("FSDO") and Air Traffic 

Control for any operation within five miles of an airport. PreNav will limit its operations to 

daytime Visual Flight Rules ("VFR"). Accordingly, we do not believe an exemption from 14 

C.P.R. 91.209 is necessary. 

Public interest 

PreNav's UA V operations will positively impact the general public: 

• 

• 

• 

Risk to technicians and nearby persons is reduced by eliminating the need to climb 

structures or use manned aircraft for visual inspections of elevated structures such as 

wind turbines, cell towers, and bridges. 

Inspections performed by UAV are significantly faster than rope access inspections, 

which means the asset can be put back into service sooner, effectively saving thousands 

of dollars in lost revenue per asset. 

Due to the affordability and flexibility of UAV inspections, structures can be inspected 

more frequently, reducing the risk of a failure due to damage that occurs between 

inspection periods. 
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• 

• 

Aerial cinematography performed by UAS reduces the risk to the general public, 

operators, and film crew by using smaller aircraft and keeping the pilot and crew on the 

ground. 

PreNav's sense and avoid technology has the ability to make the entire UAS industry 

safer for the general public. 

Operations limited to the United States 

This petition is intended to cover only PreNav's operation of sUAS within the United States and 

its territorial waters. 

Summary for Federal Register 

PreNav submits the following summary to be included in the Federal Register, should the FAA 

determine that publication of a summary is required. 

PreNav seeks an exemption to operate small unmanned aircraft systems ("sUASs") 

weighing less than 20 lbs to perform inspections of elevated structures such as wind 

turbines, cell phone towers, flare stacks, bridges, construction sites and rooftops, as well 

as closed set aerial cinematography on private property, in uncongested areas. 

However, PreNav respectfully requests the FAA to dispense with Federal Register publication 

and public comment, because granting this exemption would not set a precedent, and would 

follow the exemptions the FAA has granted in recent weeks. 

Sincerely,