May 5, 2015

 Exemption No. 11465

 Regulatory Docket No. FAA–2015–0268

Mr. Matthew J. Clark 

Counsel for Rimkus Consulting Group, Inc.

McKenna Long & Aldridge LLP

1676 International Drive, Penthouse

McLean, VA 22102

Dear Mr. Clark:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

The Basis for Our Decision

By letter dated January 30, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Rimkus Consulting Group, Inc. (hereinafter petitioner or operator) for an 

exemption. The exemption would allow the petitioner to operate an unmanned aircraft system 

(UAS) to conduct aerial inspections and surveys of structures and facilities as part of forensic 

evaluations.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.
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Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Rimkus Consulting Group, Inc. is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 
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91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Rimkus Consulting Group, Inc. is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision+ when weighing less than 55 pounds including payload. Proposed operations 

of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC must 

be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 
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documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update or 

revision would affect the basis upon which the FAA granted this exemption, then the 

operator must petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS−80) may be contacted if questions arise regarding updates or 

revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g. inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 
5

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 
6

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 
7

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on April, 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
Albany

Atlanta

Brussels

Denver

Los Angeles

Miami

New York

1676 International Drive • Penthouse

McLean, VA 22102

Tel: 703.336.8800

mckennalong.com

Northern Virginia

Orange County

Rancho Santa Fe

San Diego

San Francisco

Seoul

Washington, DC

Mark E. McKinnon

Matthew J. Clark

703.336.8708

703.336.8714

Email Address

mmckinnon@mckennalong.com

mclark@mckennalong.com

January 30, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Rimkus Consulting Group, Inc., for an Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012

To Whom it May Concern:

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

Act") and 14 C.F.R. Part 11, Rimkus Consulting Group, Inc. ("Rimkus") hereby applies for an 

exemption from the Federal Aviation Regulations ("FARs") identified below, to allow 

commercial operation of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or 

"UAS") for conducting aerial inspections and surveys of structures and facilities as part of 

forensic evaluations. 

This petition is made based on information outlined in this Petition for Exemption, as 

well as the accompanying Rimkus' UAS Flight Operations Manual and Aircraft Flight Manual 

(hereinafter "Rimkus' Operations Manuals"), DJI Phantom 2 Vision+ User Manual, Smart Flight 

Battery Safety Guidelines, and Phantom 2 Vision+ Pilot Training Guide (collectively referred to 

as "Manufacturer's Manual"). A copy of Rimkus' Operations Manuals and other supporting 

materials will be submitted to the FAA as confidential documents pursuant to 14 C.F.R. 

§ 11.35(b), as the materials contain confidential commercial information that is highly 

proprietary to Rimkus. Additionally, these documents contain operating conditions and 

procedures that are not generally available to the public and are protected from release under the 

Freedom of Information Act, 5 U.S.C. § 552 et seq.
U.S. Department of Transportation

January 30, 2015

Page 2

For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operations

A. Roof Inspections

B. Exterior Façade/Wall Inspections

C. Tower Inspections

D. Bridge Inspections

E. Fire Damage Inspections

F. Catastrophic Events

G. Vehicle Accident Investigations 

III. Relevant Statutory Authority

IV. Rimkus' Proposed UAS Operations Meet the Requirements of Section 333 of the 

Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

the Operations Manual

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 

C.F.R. § 91.203

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration

E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements

F. 14 C.F.R. § 91.103: Preflight Action

G. 14 C.F.R. § 91.109(a): Flight Instruction

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

I. 14 C.F.R. § 91.121: Altimeter Settings

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions 

K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections

L. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot 

Privileges and Limitations

VI. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion
U.S. Department of Transportation

January 30, 2015

Page 3

I. DESCRIPTION OF PETITIONER

Rimkus is a US-based international forensic engineering and consulting firm. Initially 

established in 1983 as R.E. Rimkus and Associates, and subsequently incorporated as Rimkus in 

1987, Rimkus offers expert engineering and consulting services that span virtually all 

engineering disciplines, many scientific disciplines and forensic business analysis. Since its 

formation, Rimkus has continued to grow and transform itself into one of the premiere forensic 

engineering and consulting companies— boasting 45 offices worldwide with over 400 

employees, and a team of expert engineers and consultants unmatched in the industry. 

Today, Rimkus continues the vision of growth and exemplary services put into place 

years ago. As part of this vision, Rimkus seeks to leverage the latest UAS technologies to 

provide better and safer services. Forensic evaluations performed by Rimkus often involve the 

physical inspection of outdoor structures and facilities for the assessment of damage, defects and 

accidents. These inspections typically involve recording images to document existing 

conditions. Depending on the nature of the inspection, obtaining images of certain physical 

features may not be feasible due to dangerous conditions, limited access on the structure or the 

excessive height of the required viewing angle. 

The use of UAS-assisted photography will provide a practical means to perform forensic 

inspections that would be otherwise infeasible or unsafe. The primary benefit of this technology 

would be to assist in the close, detailed aerial inspection and examination of building materials. 

In some instances, UAS-assisted photography would provide a means to survey broad overall 

views for large-scale areas. Inspection of steep-sloped roofs and multi-story exterior walls for 

residential and commercial buildings, examination of exhaust chimneys/stacks at industrial 

facilities, evaluation of impacted bridge beams, determination of burn patterns for a firedamaged structure, and the assessment of accidents by documenting evidence are just a few 

examples of where UAS-assisted photography would be of great benefit. 

Rimkus is dedicated to providing technologically driven and innovative solutions to 

address client needs. The promise of UAS-assisted photography offers a safer and more efficient 

means to perform forensic evaluations. This will better serve clients and improve public safety. 

It is in this spirit that Rimkus seeks an exemption to use UASs for the commercial purpose of 

performing aerial inspections/surveys during forensic evaluations. 

The contact information for Petitioner is as follows:

Robert O. Kocher

Chief Operating Officer 

Rimkus Consulting Group, Inc.

7851 Woodland Center Blvd.

Tampa, FL 33614

Phone: (813) 289-3060

Email: rpk@rimkus.com
U.S. Department of Transportation

January 30, 2015

Page 4

II. DESCRIPTION OF PROPOSED OPERATION

Rimkus seeks an exemption pursuant to Section 333 of the Reform Act to use small 

UASs weighing less than 3 pounds for conducting aerial inspections and surveys during its 

forensic evaluations discussed below. In addition, Rimkus intends to use UASs to conduct initial 

and recurrent training of its Pilots and Visual Observers (“Observers”), as required by the 

Rimkus Flight Operations Manual. Lastly, Rimkus intends to conduct functional test flights 

following UAS maintenance or replacement of flight critical components to ensure the aircraft is 

in a condition safe for operation. Both training and test flights will only occur in controlled and 

sterile environments as required by the Rimkus’ Operations Manuals.

All UAS operations will occur under tightly controlled conditions. The proposed UAS 

operations will be conducted in accordance with the conditions and limitations of this Petition for 

Exemption and Rimkus' Operations Manuals. As detailed in Rimkus' Operations Manuals, the 

proposed UAS operations will be limited to daytime VFR conditions in uncontrolled airspace, 

and will occur at least 5 miles away from an airport.1 Moreover, Rimkus’ Operations Manuals

incorporate redundant safeguards to assure that the aircraft does not travel outside the controlled 

area of UAS operations, including, but not limited to, GPS "geo-fencing" technologies and UA 

tethering procedures. 

A. Roof Inspections 

Rimkus performs thousands of roof inspections every year. While most involve roof 

slopes that are “walkable”, Rimkus also inspects a large number of steep and tall roofs that are 

not safe to walk on. Some steep-sloped surfaces are accessible using specialized climbing gear, 

but not without significant falling risk to the inspecting engineer/consultant, and the possibility 

of causing damage to the roof covering itself. Moreover, some tall roofs are at such a height, 

that conventional ladders cannot reach them, and the use of a man lift may not be feasible due to 

site conditions. Further, some buildings have tall features extending from the roof, such as 

steeples and chimneys that are inaccessible using conventional inspection methods, and where 

full-scale aircraft cannot fly. UAS-assisted photography will aid in documenting the observable 

conditions of roof coverings that are simply not accessible by any other safe or practical means. 

B. Exterior Façade/Wall Inspections

Some of Rimkus' inspections involve examining exterior walls of tall buildings for 

damages including, but not limited to, construction defects, overloading from wind and ice/snow, 

 

1 As discussed in Section IV(B), infra, the proximity to airports may be reduced to 1.5 nautical 

miles, provided that the UAS is tethered in accordance with Rimkus' Operations Manuals and all 

tethered UAS flight operations occur at or below the highest point of the structure being 

inspected, and is conducted in accordance with a NOTAM as required by petitioner's COA. 
U.S. Department of Transportation

January 30, 2015

Page 5

displacement associated with ice expansion, and long-term deterioration. If left unchecked, these 

types of damages often create falling debris hazards to the public. While the use of ladders, man 

lifts and swing-stage (i.e., suspended) scaffolding are appropriate in some cases, depending on 

inspection conditions, these methods may expose inspecting engineers/ consultants to risk of 

harm or serious injury, making their use impossible. UAS-assisted photography provides a safe 

and effective alternative means for performing façade and wall inspections, while also 

minimizing the risk of harm to inspectors and the public.

C. Tower Inspections

Rimkus performs inspections of various types of tower structures, including, antenna 

systems extending above the ground or from the roofs of commercial buildings, tall monuments, 

water towers, power transmission or communication systems, wind turbines, agricultural silos, 

signs/billboards, and light poles. Inspection of these tower structures can be very challenging 

and dangerous for Rimkus engineers and consultants, and can often only be accomplished 

through use of binoculars or specialized camera equipment from a limited and remote viewing 

angle. UAS-assisted photography will aid in documenting the observable conditions of towertype structures. It will also help identify visible defects or damage that left unchecked, might 

lead to structural failure and create a possible falling debris hazard to the public. 

D. Bridge Inspections

Rimkus performs various types of bridge inspections. These inspections are usually 

precipitated by an impact event, where a vehicle (truck, boat, rail car) or material being 

transported struck the bottom of the bridge structure. In some instances, a visual inspection of 

the structural components of the bridge is performed in response to a suspected overload or 

deficient condition. Timely inspections of bridges is typically challenging due to the difficult 

proximity of the structural components, necessitating the need to use traffic control measures, 

ladders, and man lifts. While Rimkus has existing safety policies and procedures in place to 

address these concerns, including working with local law enforcement departments to control 

traffic conditions, and only working during non-peak traffic times, the process may not always 

be feasible or expedient. In conjunction with Rimkus' strict safety protocols, UAS-assisted 

photography will provide a safer and more practical means for performing timely inspection of 

bridge damage. 

E. Fire Damage Inspections 

Rimkus performs hundreds of fire origin and cause investigations every year for various 

types of industrial facilities, buildings and structures. Such assignments follow guidelines 

established by the National Fire Protection Association, for the safe and systematic investigation 

or analysis of fire and explosion incidents. These guidelines recommend that, “views from a 

high vantage point, which can be an aerial fire apparatus, adjacent building, or hill, or from an 
U.S. Department of Transportation

January 30, 2015

Page 6

airplane or helicopter can often reveal fire spread patterns.2” This information can help identify 

the origin of a fire and the extent of its reach. Similarly, aerial images provide by UAS can help 

determine the extent of fire or explosion damage across neighboring properties. Such 

evaluations are important to identify conditions that may be a public safety hazard.

F. Catastrophic Events

The evaluation of damage from catastrophic events often requires inspection from close 

and distant perspectives. Close inspection is required to evaluate specific damage to a particular 

structure; while broad, overall views are necessary to determine the widespread effects of the 

event across large areas / multiple properties. Such catastrophic events may include tornados, 

hurricanes, fires, explosions, flooding, and collapse of large structures. Quickly identifying the 

extent of damage from such events is vital to public safety concerns. UAS-assisted photography 

will aid in capturing overall views of the property or properties affected by a catastrophic event.

G. Vehicle Accident Investigations

Rimkus evaluates hundreds of vehicle accidents every year to determine the cause of an 

accident. These inspections commonly involve examination of the affected vehicle(s), as well as 

documenting conditions at the site where the accident occurred. Site inspections may require 

close examination to identify details such as skid marks, grade variations, roadway defects, etc. 

Broad, overall views across a large area are helpful for such an investigation, but often cannot be 

feasibly obtained using traditional fixed-wing or rotorcraft aircraft. Aerial images provided by 

UAS would aid in the analysis of vehicle pathways, traffic behavior at intersections, and 

visualizing the general area of the accident. Knowledge gained from vehicle accident 

investigations is used by the transportation industry to improve public safety. When necessary, 

local law enforcement shall be used to establish a secure zone around a traffic intersection to 

allow Aircraft operations per the guidelines in the Rimkus’ Operations Manuals.

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil 

unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the 

Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the 

National Air Space ("NAS") where it is safe to do so based on the following considerations:

● The UAS's size, weight, speed and operational capability;

● Operation of the UAS in close proximity to airports and populated areas; and

 

2 NFPA 921, Guide for Fire and Explosion Investigations at Section 16.2.6.11. 
U.S. Department of Transportation

January 30, 2015

Page 7

● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and 

§§ 44702 – 44716, et seq.). A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 

(petitions for exemption).

IV. RIMKUS' PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF 

THE REFORM ACT

The small UAS operations proposed by Rimkus in this Petition for Exemption qualify for 

expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and 

relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability

Rimkus will employ the DJI Phantom 2 Vision+ quadcopter for the operations specified 

in this Petition for Exemption. This is the same UAS model approved for use in the FAA's Grant 

of Exemption to Douglas Trudeau, Docket No. FAA-2014-0481.3 This UAS has a maximum 

take-off weight of less than 3 pounds. The flight speed will not exceed 30 knots, and it will not 

be flown in controlled airspace or at an altitude that exceeds 400 feet AGL without prior written 

authorization and approval from the FAA, unless the height of the structure being inspected 

exceeds that height. If the height of the structure being inspected exceeds 400 feet AGL, the 

UAS will not be operated more than 50 feet above the highest point on the structure. All flights 

will be flown in such a way that they can be safely terminated once the operator receives the first 

low battery warning (approximately 30% of the battery's maximum charge). The DJI Phantom 2 

Vision+ does not carry any flammable propellant or fuel. The UAS also has an integrated GPS 

system that calculates the UAS's position and height and relays that information via a secure 

connection to the operator. Moreover, as acknowledged by the FAA in its prior grant of 

exemption to Douglas Trudeau, the DJI Phantom 2 Vision+ "has the capability to operate safely 

after experiencing certain in-flight contingencies or failures and uses an auto-pilot system to 

 

3

The DJI Phantom 2 Vision+ has the same flight control functions and is substantially similar to 

the DJI Phantom 2 approved for use in the FAA's Grant of Exemption to Burnz Eye View, Inc., 

Docket No. FAA-2014-0519.
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Page 8

maintain UAS stability and control. The UAS is also able to respond to a loss of GPS or a lostlink event with pre-coordinated automated flight maneuvers."

4

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

the Operations Manual

The Rimkus' Operations Manuals and the Manufacturer's Manual5for the selected UAS 

will contain all the procedures and limitations necessary to safely and successfully perform the 

operations specified in this Petition for Exemption. To assist the FAA in making a safety 

assessment of Rimkus' proposed operations, below is a summary of operational limitations and 

conditions that will ensure an equivalent or higher level of safety to operations conducted under 

current regulatory guidelines:

1. The UAS weighs less than 3 pounds, fully loaded.

2. The radio frequencies used for operations and control of the UAS (2.4GHz) will 

comply with the Federal Communications Commission ("FCC") or other 

appropriate government oversight agency requirements. 

3. Minimum crew for each operation will consist of a pilot, who will be Pilot-in 

Command ("PIC") of the UAS, and one or more Visual Observers ("Observer") as 

necessary to safely conduct the mission. 

4. The UAS shall be operated within Visual Line of Sight ("VLOS") of the PIC and 

Observer at all times. The PIC will use human vision unaided by any device other 

than corrective lenses. 

5. The Observer designated for any operation will be in constant voice contact with 

the PIC.

6. The additional requirements identified in the exemption grant shall be added to 

the Rimkus' Operations Manuals. The Operations Manual will be maintained and 

made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations in the granted exemptions and the Rimkus' 

Operations Manuals, the conditions and limitations in the granted exemptions 

 

4 Docket No. FAA-2014-0481 at 12. 

5

The term "Manufacturer's Manual" includes all relevant manufacturer publications, including, 

but not limited to: operations and flight manuals, user guides, instruction manuals, component 

maintenance manuals, pilot training manuals, service information letters and, safety/service 

bulletins. 
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Page 9

shall take precedence and must be followed. Otherwise, Rimkus' must follow the 

procedures outlined in their Operations Manuals.

7. The PIC 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 once the low battery warning is 

received (approximately 30% of the battery's maximum charge).

8. Flights will be operated at an altitude of no more than 400 feet AGL and will 

never enter navigable controlled airspace without prior written authorization and 

approval from the FAA. If the height of the structure being inspected exceeds 

400 feet AGL, the UAS will not be operated more than 50 feet above the highest 

point on the structure. 

9. Flights will be operated at a lateral distance of at least 500 feet from any 

nonparticipating persons, unless: (1) that person is in a position where he or she is 

shielded from the UAS and any possible debris resulting from UAS failure, or; (2)

the UA is properly tethered as required by the Rimkus' Operations Manuals.

Flight will be terminated if a nonparticipating person within 500 feet of an 

untethered UA leaves a shielded position. At no time will the UAS be operated so 

close to persons or objects to present an undue hazard to the PIC or Observer, per 

§ 91.119(a).

10. UAS operations will occur at least 500 feet away from non-participating vehicles 

or structures unless: (1) the property owner/controller has granted permission and 

the PIC has made a safety assessment of the risk of operating closer to those 

objects, or; (2) the UA is tethered to a fixed location that will ensure the UA does 

not fly beyond the designated area of UAS operations, and will not become a 

hazard to non-participating vehicles or structures closer than 500 feet. At no time 

will the UAS be operated so close to structures or vehicles as to present an undue 

hazard to the PIC or Observer, per § 91.119(a).

11. Flights will be limited to a speed of 30 knots and vertical ascent will be limited to 

19 fps.

12. Prior to each flight the PIC shall inspect the UAS to confirm that it is in a 

condition safe for flight. The PIC shall not operate the UAS if the inspection 

reveals a condition that affects the safe operation of the UAS until the necessary 

maintenance has been performed and the UAS is found to be in a condition for 

safe flight. The Ground Control Station ("GCS") shall be included in the preflight 

inspection. All maintenance and alternations must be properly documented in the 

UAS records.
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13. The documents required under 14 C.F.R 91.9 and 91.203 will be available to the 

PIC at the GCS any time the UAS is operating. These documents will be made 

available to the Administrator or any law enforcement official upon request.

14. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics (e.g., replacement of a flight critical

component) must undergo a functional test flight in accordance with Rimkus' 

Operations Manuals. The PIC who conducts the functional test flight must make 

an entry in the UAS aircraft records of the flight. The requirements and 

procedures for a functional test flight and UAS record entry shall be included in 

the Rimkus' Operations Manuals.

15. The UAS will be operated and maintained according to the Manufacturer's 

Manuals and any required manufacturer Safety/Service Bulletins. 

16. Prior to the operation, there will be a Mission Plan setting forth the operational 

limitations and conditions for the mission, as well as key personnel contact 

information and a description of any potential hazards on or in the vicinity of the 

survey site.

17. Rimkus will obtain an Air Traffic Organization ("ATO") issued Certificate of 

Waiver or Authorization, otherwise known as a COA, prior to conducting any 

operations under this grant of exemption. This COA will require Rimkus to 

request a Notice to Airman ("NOTAM") with an appropriate ATC facility 

between 48 and 72 hours before the flight.

 

18. 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.

19. Rimkus will coordinate its operations with the appropriate local Flight Standards 

District Office ("FSDO"). This requirement may be waived or modified by 

agreement with the applicable FSDO.

 

20. If the UAS loses communication with the PIC, it will have the capability to return 

to a pre-determined location within the operational area and land safely.

21. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the PIC and the Observer.

22. The UAS will have the capability to safely abort flight in the case of unpredicted 

obstacles or emergencies. The PIC will abort the flight in the event of 

unpredicted obstacles or emergencies in accordance with the Rimkus' Operations

Manuals.
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23. PICs shall possess at least a Private Pilot's Certificate6and current Class III 

Medical Certificate. The PIC must also meet the flight review requirements 

specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her 

pilot certificate.

24. Operations shall occur during daytime VFR Meteorological Conditions; flights 

under special visual flight rules ("SVFR") shall not be conducted.

25. The UAS will not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC.

26. The aircraft shall remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, ultralight 

vehicles, parachute activities, parasailing activities, hang gliders, etc.).

27. The UAS will not be operated by the PIC from any moving device or vehicle.

28. UAS operations under Instrument Flight Rules, at night, or beyond VLOS are 

prohibited.

29. No UAS flight operations shall occur within 5 nautical miles of an airport 

reference point as denoted on a current FAA-published aeronautical chart unless: 

(1) a letter of agreement with that airport's management is obtained, and the 

operation is conducted in accordance with a NOTAM as required by petitioner's 

COA or; (2) the UAS is properly tethered in accordance with Rimkus' Operations 

Manuals and all flight operations occur at or below the highest point on the 

structure being inspected. Tethered UAS flight operations occurring at or below 

the highest point of the structure being inspected shall not occur within 1.5 

nautical miles of an airport reference point as denoted on a current FAApublished aeronautical chart and must be conducted in accordance with a 

NOTAM as required by petitioner's COA. 

30. All aircraft operated in accordance with this exemption will be identified by serial

number, registered in accordance with 14 C.F.R part 47, and have identification 

 

6

The FAA has stated that it does not possess the authority under Section 333 of the Reform Act 

to exempt petitioners from the statutory requirement to hold an airman certificate, as prescribed in 

49 USC § 44711. See Docket No. FAA-2014-0481 at 13. Should the FAA's interpretation of its 

authority under Section 333 of the Reform Act change in this regard, Rimkus will file a 

supplemental petition for exemption from the airman certification requirements of Part 61. 
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Page 12

(N-Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings 

must be as large as practicable.

31. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA will be 

reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. 

Accidents will be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov.

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 

under § 40101 of the Act, including UASs, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest.7

Rimkus seeks an exemption from several interrelated provisions of Title 14 of the Code 

of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the 

requested operations using a UAS. Listed below are: 1) the specific sections of 14 C.F.R for 

which exemption is sought, and 2) the operating procedures and safeguards that Petitioner has 

established which will ensure a level of safety better than or equal to the rules from which 

exemption is sought.8

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. §

91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made 

under the Reform Act that the UAS selected provides an equivalent level of safety when 

compared to aircraft normally used for the same application. These criteria are met, and 

therefore no exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA2014-0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of 

the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

 

7

See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations 

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).

8

See 14 C.F.R § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how 

the exemption would provide a level of safety at least equal to that provided by the 

rule from which you seek exemption.
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Page 13

Equivalent Level of Safety

As recognized by the FAA in its Grant of Exemption to Douglas Trudeau, the UASs 

that Rimkus will use are safe when taking into account their size, weight, speed, and operational 

capability.9 As set forth in Section IV, supra, the UAS weighs less than 3 pounds and will be 

flown at less than 30 knots and completely outside controlled airspace, unless Rimkus has 

received prior written approval and authorization from the FAA for operations outside Class G 

airspace. Additionally, the UASs carry neither pilots nor passengers, carry no explosive 

materials or flammable liquid fuels, and operate exclusively within the parameters stated in 

Rimkus’ Operations Manuals. The UAS has the capability to operate safely after experiencing 

certain in-flight contingencies or failures and uses an auto-pilot system to maintain UAS stability 

and control. The UAS is also able to respond to a loss of GPS or a lost-link event with precoordinated automated flight maneuvers. These safety features provide an equivalent level of 

safety compared to a manned aircraft holding a restricted airworthiness certificate performing a

similar operation.

10

 

Operations conducted under this exemption will be closely controlled and monitored by 

the operator and will be conducted in compliance with local public safety requirements, to 

provide security for the area of operation. Rimkus will also provide the FAA with advance 

notice of all operations via NOTAMs and coordination with the local FSDO, as necessary. In all 

cases, the UAS operated under the proposed conditions will be at least as safe as, or safer than,

conventional rotorcraft operating with an airworthiness certificate.

Lastly, the UAS does not need a means to communicate with other aircraft or ATC, 

because those capabilities will be possessed by the PIC and Observer, who are not onboard the 

UAS. See Grant of Exemption, Docket FAA-2014-0352 at 13. In addition, no sense-and-avoid 

technology is necessary for the UAS because it will be operated at all times in VFR conditions 

and within VLOS of the PIC and Operator. See id.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness 

certification of normal category rotorcraft. To the extent that Rimkus' small UASs would 

otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's 

airworthiness standards for the same reasons identified in the request for exemption from 14 

C.F.R. Part 21, Subpart H, supra.

 

9

See Docket No. FAA-2014-0481 at 12 and 17. 

10 See id.
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C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, Rimkus seeks 

an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy 

condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 

91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. See

Docket No. FAA-2014-0352 at 13-14, 22. Accordingly, Petitioner requests that the 

requirements for § 91.7(a) be treated in accordance with Section V(A), supra.

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry 

airworthiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 

91.9(b)(2):

(b) No person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of 

this chapter, unless there is available in the aircraft a current approved Airplane 

or Rotorcraft Flight Manual, approved manual material, markings, and placards, 

or any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is simply no 

room and the UAS has no cabin or cockpit. 

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by 

Dean E. Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) 

and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight 
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Page 15

manual, registration certificate, and other required documents from the GCS from which he or 

she is operating the aircraft.11 As this FAA Office of Chief Counsel Opinion clarifies, the intent 

of the rule is to ensure the PIC has access to these key documents during flight. Therefore, an 

equivalent level of safety will be achieved by ensuring that the PIC has access to the documents 

at the GCS from which he or she is piloting the UAS. 

E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements

Rimkus seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 

provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also 

display on that aircraft near each entrance to the cabin, cockpit, or pilot 

station, in letters not less than 2 inches nor more than 6 inches high, the 

words "limited," "restricted," "light-sport, "experimental," or "provisional,"

as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

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.

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft "have identification (N-Number) markings 

in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 

FAA Docket No. FAA-2014-0352.

 

11 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, 

Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see 

also Docket No. FAA-2014-0352 at 16-18. 
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Equivalent Level of Safety

All aircraft flown by Rimkus will bear N-number markings that are as large as practicable 

in accordance with 14 C.F.R. Part 45, Subpart C.12 

F. 14 C.F.R. § 91.103: Preflight Action

Rimkus seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following Rimkus' Operations Manuals

and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify 

any defects or inoperable components in accordance with Rimkus' Operations Manual, including 

checklists covering Pre-Flight, Launch, Landing, and Post-Flight procedures. The PIC will also 

be required to review weather, flight requirements, battery charge, landing and takeoff areas, UA 

performance data, and contingency landing areas—before initiation of flight. Rimkus' 

Operations Manuals and the Manufacturer's Manual will be kept at the GCS and will be 

accessible to the PIC at all times while operating the UAS.

G. 14 C.F.R. § 91.109(a): Flight Instruction

Rimkus seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part 

that "[n]o 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." UASs and remotely 

piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is 

accomplished through the use of a device that communicates with the aircraft via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.F.R. § 91.109(a). 

Equivalent Level of Safety

Given the size and speed of the UAS that Rimkus intends to use, an equivalent level of 

safe training can still be performed without dual controls because no pilot or passengers are 

aboard the UAS, and as required by the Rimkus' Operations Manual, all persons will be a safe 

distance away in the event that the UAS experiences any difficulties during flight instruction. 

Moreover, as required by Rimkus' Operations Manuals, all flight training will be conducted in 

 

12 See, e.g., FAA Docket No. FAA-2014-0352, at 14. 
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Page 17

controlled and sterile environment. As a whole, the safety procedures provided for in Rimkus' 

Operations Manual ensure that the proposed UAS operations provide an equivalent or higher 

level of safety than that provided by the flight instruction regulations. 

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Rimkus requests an exemption from the minimum safe altitude requirements of 14 C.F.R. 

§ 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface," provided that "each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed UAS operations will normally need to 

occur below 400 feet AGL. In circumstances where the UAS is used to inspect a structure whose 

height exceeds 400 feet AGL, the UAS will not be operated more than 50 feet above the highest 

point on the structure. Additionally, due the nature of the proposed operations, the Pilot and/or 

Observers(s) may need to be less than 500 feet away from the UAS. 

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum 

weights proposed herein, and given the lack of flammable fuel with the UASs, any risk 

associated with these operations is far less than those that presently exist with conventional 

aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the 

UASs, as well the controlled and sterile location where the operations will occur. In order to 

avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, 

or when inspecting a structure whose height exceeds 400 feet AGL, within 50 feet above the 

highest point on that structure.

 As set forth in Rimkus' Operations Manuals, the UASs will be operated in a restricted 

area, and all flights will be operated at a lateral distance of at least 500 feet from any 

nonparticipating persons, unless: (1) that person is in a position where he or she is shielded from 

the UAS and any possible debris resulting from UAS failure or; (2) the UA is tethered to a fixed 

location that will ensure the UA does not fly beyond the designated area of UAS operations, and 

will not become a hazard to persons closer than 500 feet. As required by Rimkus’ Operations

Manuals, flights will be terminated if a nonparticipating person within 500 feet of a non-tethered 

UAS leaves a shielded position. Further, UAS operations will occur at least 500 feet away from 

vehicles or structures unless: (1) the property owner/controller has granted permission and the 

PIC has made a safety assessment of the risk of operating closer to those objects and, operations 

near the PIC or Observer will not present an undue hazard per § 91.119(a), or; (2) the UA is 

properly tethered and will not present an undue hazard per § 91.119(a). As a whole, the policies 
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and procedures required by the Rimkus' Operations Manual ensure a level of safety better than or 

equal to the rules from which exemption is sought.13 

I. 14 C.F.R. § 91.121: Altimeter Settings

Rimkus seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating 

an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to 

the elevation of the departure airport or barometric pressure. An exemption is required to the 

extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 

91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet 

AGL or below14, (2) within VLOS, (3) where GPS based altitude information is relayed in real 

time to the operator at a ground-based on-screen display and, (4) where prior to each flight, a 

zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS.15 

The UASs that Rimkus intends to use for the proposed UAS operations will meet all 

these operational characteristics. Moreover, as required by Rimkus' Operations Manuals, the 

PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like 

the Grant of Exemption to Astraeus Aerial, the UASs Rimkus intends to use, and the safety 

mitigation procedures contained in the Operations Manual, both ensure that an equivalent level 

of safety will be achieved, and a grant of exemption to the requirements of § 191.121 is therefore 

appropriate.

 

13 See e.g., Grant of Exemption to Douglas Trudeau, Docket No. FAA-2014-0481 at 19:

"If barriers or structures are present that can sufficiently protect nonparticipating 

persons from the UA or debris in the event of an accident, then the UA may operate 

closer than 500 feet to persons afforded such protection. The operator must also 

ensure that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 500 feet 

of the UA, flight operations must cease immediately. When considering how to 

immediately cease operations, the primary concern is the safety of those 

nonparticipating persons. In addition, the FAA finds that operations may be 

conducted closer than 500 feet to vessels, vehicles and structures when the 

owner/controller of any such vessels, vehicles or structures grants permission for the 

operation and the PIC makes a safety assessment of the risk of operating closer to 

those objects and determines that it does not present an undue hazard."

14 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated 

more than 50 feet above the highest point on the structure.

15 See Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-0352 at 21. 
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J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions 

Rimkus requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight 

in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under 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.

Here, the technological limitations on UAS battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30-minute battery reserve. An 

exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety can be achieved by requiring that 

the PIC not begin a flight unless (considering wind and forecast weather conditions) there is 

enough power to fly to the first point of intended landing and, assuming normal cruising speed, 

land the UA at the first low battery warning.

16

 Rimkus' Operations Manuals conforms to this 

limitation, and therefore provides an equivalent level of safety. 

The UASs that Rimkus intends to use under this grant of exemption include a low battery 

warning system. The amount of battery reserve power remaining will be transmitted to the PIC 

via telemetric data feed, which downlinks from the UAS to a ground-based-on-screen display. 

The UAS is equipped to provide the operator with two low battery warning alerts; the first at 

~30% , and a second critical low battery warning at ~15%. As required by Rimkus' Operations

Manuals, the PIC will promptly fly the UAS back to the home launch location or pre-determined 

abort location where the UAS may safely land, once the first low-battery warning is displayed. 

Also, the UAS has an automated function which results in the UA immediate landing once the 

battery reaches a critically low levels (~15%). 

Rimkus submits that the procedures requiring flights to be safely terminated once the first 

low battery warning is received, combined with the requirement that flights only be conducted 

within a secure, isolated area, using a UAS weighting less than 3 pounds, and within VLOS of 

 

16 Grant of Exemption to Douglas Trudeau, Docket No. FAA-2014-0481 at 19-20; see also Grant 

of Exemption to Advanced Aerial Solutions LLC, Docket No. FAA-2014-0508 at 22. 
U.S. Department of Transportation

January 30, 2015

Page 20

the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher 

level of safety to that provided by the regulations from which exemption is sought.

K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections

Rimkus seeks an exemption from the maintenance inspection requirements contained in 

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ...have discrepancies 

repaired as prescribed in part 43 of this chapter"). An exemption from these regulations is 

needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, 

which the UAS to be operated under this grant of exemption will not have. 

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the Manufacturer's Manuals and any required manufacturer 

Safety or Service Bulletins. Further, as required by Rimkus' Operations Manuals, the PIC will 

conduct a pre-flight inspection of the UAS and all associated equipment to account for all 

discrepancies and/or inoperable components. Maintenance will be performed and verified to 

address any conditions potentially affecting safe operation of the UAS and no flights will occur 

unless, and until all flight critical components of the UAS have been found to be airworthy and 

in a condition safe for operation. A functional test flight will be conducted following the 

replacement of any flight-critical components. As required by Rimkus' Operations Manuals, the 

PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the 

flight. 

Rimkus' Operations Manuals also includes requirements to follow the manufacturer’s 

UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit 

requirements for the following applicable components: powertrain system (powerplant), 

propellers, avionics and control surfaces (including ailerons/elevons), structures & airframe, 

camera system, electrical systems (including batteries), GCS, hazard accessories, and spare parts. 

Further, Rimkus' Operations Manuals also includes procedures to document and maintain a 

record of the UAS maintenance, preventative maintenance, alterations, status of replacement 

/overhaul component parts, and the total time in service of the UASs used under this grant of 

exemption. As a whole, the maintenance and inspection procedures required in Rimkus' 

Operations Manuals ensure that the proposed operation will provide an equivalent or higher level 

of safety to that provided by the regulations from which exemption is sought. 

L. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Rimkus seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate 

holders from flying aircraft for compensation or hire, and would also require a second class 
U.S. Department of Transportation

January 30, 2015

Page 21

medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC 

matches the airspace in which the PIC will be operating, as well as requiring certifications if the 

private pilot is carrying passengers or cargo for hire. In this case, while the UASs will be 

operated as part of a commercial operation, it carries neither passengers nor cargo. In the Grant 

of Exemption to Astraeus Aerial17, the FAA determined that the unique characteristics of UAS 

operation outside of controlled airspace did not warrant the addition cost and restrictions 

attendant with requiring a the PIC to have a Commercial Pilot Certificate and Class II Medical 

Certificate. The fulfillment of the additional requirements for a private pilot to become qualified 

as a commercial pilot would not lead to any additional safety benefits when UAS operations are 

involved. 

The restrictions Rimkus has placed on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial. Rimkus will operate away from persons and property not 

involved in the operation, and flights will occur outside controlled airspace. A NOTAM will 

also be issued between 48 and 72 hours before the flight is to occur, and the flight will be 

coordinated with the applicable FSDO, as required. 

Equivalent Level of Safety

In addition to these flight restrictions, Rimkus will further ensure safe operation by 

requiring that any PIC be thoroughly versed not only in airspace and communication issues 

pertaining to all aircraft operators but also in the unique aspects of UAS flight. As set forth in 

Rimkus' Operations Manuals, pilots will have experience not only in UAS operations generally 

but have logged flight time in the specific make and model used for the operations before they 

are permitted to participate in commercial flights on behalf of Rimkus. The pilot qualification, 

training, and currency requirements in the Operations Manual ensure that Rimkus' pilots are 

competent and proficient in the UAS they are operating. Petitioner believes that this system will 

provide a higher level of competency and proficiency for its pilots and will ensure at least an 

equivalent level of safety. 

VI. DRUG AND ALCOHOL PROGRAM

Rimkus will have policies in place to ensure that no person may participate in UAS flight 

operations if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST

The public interest will be served by granting Rimkus' Petition for Exemption. Congress 

has established a national policy that favors early integration of UAS into the NAS in controlled, 

safe working environments such as those proposed in this Petition. Granting this Petition for 

Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform 

 

17 FAA Docket No. FAA-2014-0352.
U.S. Department of Transportation

January 30, 2015

Page 22

Act—the FAA Administrator's assessment of whether certain UAS may operate safely in the 

NAS before completion of the statutorily required rulemaking. 

The proposed UAS operations in this Petition for Exemption significantly improve safety 

and reduce risk by alleviating the public's exposure to danger associated with traditional aerial 

survey and inspection methods, namely, full size fixed-wing aircraft and rotorcraft. The UASs 

Rimkus intends to use weight less than 3 pounds, are battery powered, and create no emissions. 

Moreover, in the unlikely event that one of Petitioner's UASs crash, there is no fuel to ignite and 

explode.18 Any accident involving Petitioner's lightweight UASs will present significantly less 

danger to the pilot and other individuals on the ground than one involving a full size helicopter. 

Moreover, the images and photographic evidence collected using Rimkus' UASs will aid 

in documenting building and structural damage conditions which, if left unchecked, might lead 

to a falling debris hazard onto the public. The public will also benefit from the superior quality 

of the inspections resulting from UAS-assisted photography. Petitioner's UASs will be capable 

of documenting conditions that may have been otherwise inaccessible using traditional 

inspection and survey methods. UAS-assisted photography will also reduce the risk of harm to 

inspecting engineers and consultants by not exposing them to hazards associated with inspection 

of dangerous or unsafe physical conditions often present in buildings and structures that have 

been damaged, exhibit some defect, or are otherwise deteriorating. 

VIII. PRIVACY

All Rimkus UAS operations will be conducted in accordance with applicable federal, 

state, or local laws regarding privacy. All operations shall be conducted over private or 

controlled-access property with permission from the land owner/controller or authorized 

representative. Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted.

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

FEDERAL REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal 

Regulations:

 

18 See e.g., Docket No. FAA-2014-0481 at 12:

"Manned aircraft are at risk of fuel spillage and fire in the event of an incident or 

accident. The Phantom 2 Vision+ carries no fuel, and therefore the risk of fire 

following an incident or accident due to fuel spillage is eliminated."
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January 30, 2015

Page 23

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 

91.103; 91.109(a); 91.119; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 

91.409(a)(1) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with performing equivalent forensic evaluation 

aerial inspections and surveys with conventional fixed-wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

Rimkus' Petition for Exemption satisfies the criteria articulated in Section 333 of the 

Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within VLOS and national security. The proposed UAS operations 

will benefit the public as a whole by improving safety and reducing risk by alleviating human 

exposure to danger. In consideration of the foregoing, this Petition for Exemption provides the 

FAA with more than adequate justification for granting the requested exemptions allowing 

Rimkus to use UASs for aerial inspections and surveys during its forensic evaluations. 

We thank you for your prompt consideration of our requested exemptions. Should you 

have any questions, or if you need any additional information to support the requested 

exemptions, please contact the undersigned or John McGraw at:

John McGraw Aerospace Consulting, LLC

Phone: 540-219-1638

Email: john@jmacaerospace.aero

Very truly yours,

/s/ Matthew J. Clark 

Matthew J. Clark

Mark E. McKinnon 

Counsel for Rimkus Consulting Group, Inc.
U.S. Department of Transportation

January 30, 2015

Page 24

(The following attached items contain proprietary and commercial information exempt from 

disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a 

separate file pursuant to 14 C.F.R. § 11.35(b)). 

Attachments: 

Rimkus UAS Flight Operations Manual 

Rimkus Aircraft Flight Manual 

DJI Phantom 2 Vision+ User Manual

Smart Flight Battery Safety Guidelines

Phantom 2 Vision+ Pilot Training Guide