Alert-Data.com

T/A Keith’s Electric & Alert Security Services

369 Spruce Street.

Kulpmont, PA 17834

Phone 570-975-3882 www.Alert-Data.com Fax: 570-373-2244 

April 17, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

This petition is being submitted on our behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

Reform Act), and 14 C.F.R. Part 11, Alert Enterprises, a full service video and Security 

company, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed 

below to allow operation of our Small Unmanned Aircraft System (sUAS) commercially in 

airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are 

conducted with and under the conditions outlined herein or as may be established by the FAA 

as required by Section 333.

The requested exemption would permit Alert Enterprises to pursue its commercial interests in 

providing services to clients using a small advanced sUAV in the following areas:

 Real Estate

 Marketing

 Surveying

 Industrial

 Surveying

 Special Events

 Sales Demonstration

Alert Enterprises states that all sUAS flights will occur over private or controlled access 

property, and will do so with the property owner’s consent and knowledge and that only 

people who have consented or otherwise have agreed to be in the area when flights take 

place.
Alert-Data.com

T/A Keith’s Electric & Alert Security Services

369 Spruce Street.

Kulpmont, PA 17834

Phone 570-975-3882 www.Alert-Data.com Fax: 570-373-2244 

Additionally Alert Enterprises sUAS pilot holds an FAA Private Pilots License with a current

Medical Certificate. If observers are not qualified pilots, they will attend a ground school to 

understand the proper roles of an observer, communication, procedures, proper visual scan 

techniques, operations at non-towered airports, and appropriate sections of the Aeronautical 

Information Manual (AIM).

Regulations from which exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (b)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203(a) & (b)

14 C.F.R. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401 – 91.417

Unmanned Aircraft System

sUAVs are often seen as superior to helicopters as an aerial video gathering platform due to 

the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a 

much smaller environmental impact which promotes public safety.

Alert Enterprises is petitioning for an exemption to operate a DJI Phantom 2

with a Go Pro Gimble stabilized HD camera and GPS safety features, and a InstantEye Mk-2 is 

a low cost, man portable (<1 lb), autonomous, all electric hovering small unmanned aerial 

system (sUAS) designed to be deployed rapidly to conduct local (<1000 m or LOS) short term 

(30 min) situational awareness. The system is capable of flying in inclement weather including 

winds up to 30 mph, heavy rain/snow, altitudes up to 12,000 ft above mean sea level (MSL), 

and temperatures between -10 and 115 °F. The Aircraft is operated by one wireless control 

station that provides instrumentation data of the aircraft and first person video which allow to 

set limits to its height it flies above ground level (AGL), to limit the radius of the distance it 

flies from the operator and to exclude it from operations within designated Class B, C and D 

airspace including a no-fly zone feature. Both the DJI Phantom 2 and InstantEye have failsafe 

function that is triggered in the event communication is lost between the sUAS and the main 
Alert-Data.com

T/A Keith’s Electric & Alert Security Services

369 Spruce Street.

Kulpmont, PA 17834

Phone 570-975-3882 www.Alert-Data.com Fax: 570-373-2244 

controller transmitter. At that time, the sUAS will return to its point of takeoff and land safety. 

If the connection is restored, the PIC can regain control of flight and land manually.

These specifications meet with the Model Aircraft Operating Standards as set below:

 The petitioner will only operate its sUAS in line-of-sight of a pilot and/or

Observer and will operate at sites that are ‘sufficient distance’ from 

populated areas within the sterile area described in the FOPM. Such operations will 

ensure that the sUAS will “not create a hazard to users of the national airspace 

system or the public.”

 When flying the sUAS within three (3) miles of an airport, airport operators will be 

notified and the operator will give the right-of-way to avoid flying in the proximity of 

full-scale aircraft.

 Maximum flight time for each operation will be 30 minutes.

Flights will be terminated when battery levels reach 25%, allowing sufficient 

reserve flight time to safely land the sUAS.

 The sUAS will be programmed so it will not be operated at an altitude that exceeds 

400 feet AGL.

 Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS

observer.

 The sUAS PIC will be an FAA licensed airman holding a minimum of a Private Pilot 

certificate and a current FAA medical certificate.

 The sUAS operated by the petitioner weighs less than 25 pounds, including all

payload (i.e. camera, lens, and stabilized gimbal).

The sUAS will operate at speeds of no more than 50 knots, can hover, and can

simultaneously move vertically and horizontally.

 Given the small size of the sUAS and the restricted sterile environment within

which it will operate, Alert Enterprises’ operations adhere to the Reform Act’s safety 

requirements.
Alert-Data.com

T/A Keith’s Electric & Alert Security Services

369 Spruce Street.

Kulpmont, PA 17834

Phone 570-975-3882 www.Alert-Data.com Fax: 570-373-2244 

The fact the pilot holds an FAA Private Pilot license demonstrates Alert Enterprises’ high regard 

for safe operations with an understanding of FARs, preflight inspections, knowledge of 

operations and differences in airspace

Classifications, maintenance and repair, as well as being trained to high safety standards.

Under the requested exemption, Alert Enterprises ensures all operators

have completed sUAS education and training programs including all applicable regulations and 

guidance documents; including aeronautical background information such as charts, NOTAMS 

and Aircraft Circulars, Radio Communications Procedures, Human Factors and Crew Resource 

Management, Basic sUAS Aerodynamics, Weather factors, and Airmanship and Decisionmaking and Safe Operations Procedures.

We respectively request exemption under Section 333 to enable Alert Enterprises to operate 

efficient, limited, low-risk commercial sUAS operations for

the activities stated respecting at all times the space and privacy of citizens and

property while keeping airspace safe.

Sincerely submitted,

Keith Tamborelli

Keith Tamborelli

Alert Enterprises

369 Spruce Street

Kulpmont, PA 17834

570-975-3882
Alert-Data.com

T/A Keith’s Electric & Alert Security Services

369 Spruce Street.

Kulpmont, PA 17834

Phone 570-975-3882 www.Alert-Data.com Fax: 570-373-2244 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Alert Enterprises requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate.

While the FAA continues to work to develop airworthiness standards for Unmanned

Aerial Systems, we request an experimental certificate be issued for the DJI Phantom 2 under 

either, or both, of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the

following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft

equipment, new aircraft installations, new aircraft operating techniques, or new uses for 

aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance 

of type and supplemental type certificates, flights to substantiate major design changes, and 

flights to show compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market 

surveys, sales demonstrations, and customer crew training, we would expect that an 

experimental certificate would permit our commercial purpose as well. The aircraft will not 

carry persons or property, will not carry fuel, and will only fly under strict operational 

requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber 

and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally 

certificated aircraft performing the same mission. If an experimental airworthiness certificate 

is not appropriate for this application, then we request an exemption of 14 CFR Part 21, 

Subpart H, and the requirement for an airworthiness certificate in general, citing the 

equivalent level of safety outlined in the previous paragraph.
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T/A Keith’s Electric & Alert Security Services

369 Spruce Street.

Kulpmont, PA 17834

Phone 570-975-3882 www.Alert-Data.com Fax: 570-373-2244 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be 

placed, and may not have a registration number assigned to it by the FAA. We propose to 

achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on 

the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the 

aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel 

that the permanent placard discussed in the previous paragraph will provide the aircraft's

registration information at the ground station. Finally, we will display at the ground station a 

high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in 

letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground 

station, the banner should be visible to anyone that observes the aircraft and chooses to 

investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot 

privileges and limitations.

The regulation provides that no person who holds a Private Pilot certificate may act

as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private 

pilot to act as pilot in command 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. Our proposed operations require 

that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the 

aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 

Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.

As no such certificate will be applicable in the form contemplated by the FARs, this

Regulation is inapplicable.
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T/A Keith’s Electric & Alert Security Services

369 Spruce Street.

Kulpmont, PA 17834

Phone 570-975-3882 www.Alert-Data.com Fax: 570-373-2244 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that 

flight manual information is available to the aircrew while operating the aircraft. We request 

an exemption to this requirement since the aircraft is not only too small to carry 

documentation, the documentation would not

be available to the crew during flight operations. To obtain an equivalent level of safety and 

meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be 

available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The sUAS

System ground-based control station consists of a hand-held radio transmitter and while it 

does not offer a second set of "controls", both the student and instructor can, and will, operate 

the single set of controls simultaneously. With both student and instructor having "hands-on" 

the controls during flight, this technique meets the intent 91.109 and provides an equivalent 

level of safety.

91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the 

sUAS would be photography or survey of persons, vessels, vehicles or structures it would be 

necessary to operate closer than 500 feet to the items listed. Operations will only be flown 

over property or persons where permission has been obtained and careful pre-planned has 

been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, 

an emergency landing without undue hazard to persons or property on the surface. Therefore 

we maintain that due to the small size of the UAS, the hazard to persons, vehicles and 

structures is minimal compared to manned aircraft, which should be considered in granting the

exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to

an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 

feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other 

aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted 

via radio from the sUAS on-board computer to the display screen held by the PIC, providing a 

constantly updated AGL readout.
Alert-Data.com

T/A Keith’s Electric & Alert Security Services

369 Spruce Street.

Kulpmont, PA 17834

Phone 570-975-3882 www.Alert-Data.com Fax: 570-373-2244 

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly 

after that for at least 30 minutes. We feel the intention of this paragraph is to provide an 

energy reserve as a safety buffer for delays to landing. The sUAV is battery operated and the 

maximum duration of flight from a single battery charge is 12 minutes with a 20% reserve. 

Since the aircraft will never fly more than 3/4 NM from the point of intended landing, a full 

battery charge at launch will ensure that we meet the reserve energy requirement of this 

paragraph. We request an exemption to the word "fuel" and ask for an equivalent 

interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 5.3 

pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not 

capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the 

intent of

91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be colocated with the crew at the ground control station and available for inspection upon request. 

In order to identify the aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard containing the 

following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 

45.23.

14 CFR Subpart E 91.401- 91.417 - Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft 

in an airworthy condition, including compliance with part 39 and 43.

Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a 

person authorized under 43.7" after maintenance and inspection. It is our intention that the 

PIC perform maintenance and inspection of the aircraft and "be authorized to approve the 

aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition 

prior to every flight and in addition conduct detailed inspections after every two hours of flight. 

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, 

checking electrical connections and updating software and firmware for the on-board 

computer. All other maintenance will be performed by the manufacturer or their designated 

repair facility. The PIC will document work performed in accordance with 91.417. We feel that 

due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent 

level of safety.