11768 Atwood Rd, Suite 20 

January 24, 2015 Auburn, CA 95603

 Tel: (530) 823-6546 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

Dear Sir or Madam: 

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

and 14 CFR Part 11, Precision Design & Drafting, Inc. (“PDND”) a professional civil engineering 

firm hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to 

allow commercial operation of its UASs, so long as such operations are conducted within and 

under the conditions outlined herein or as may be established by the FAA as required by 

Section 333. 

As described more fully below, the requested exemption would support an application for a 

commercial Certificate of Authorization and permit the operation of small, unmanned and 

relatively inexpensive UAS under controlled conditions in airspace including: 

1. Tower structural inspections to existing tower structures – These operations would 

take place with express written permission from the owner of the property for the 

purpose of obtaining detailed structural information. These operations would be 

conducted in airspace previously reviewed by the FAA for the initial construction of the 

tower and therefore the airspace of the controlled area would create no additional 

hazard to the NAS. 

2. Precision Photogrammetry and Mapping – These operations would take place with 

express written permission from the owner of the property for the purpose of obtaining 

detailed terrain and topographic imagery of land features. These operations would be 

conducted in airspace no more than 400’ AGL and the UAS will remain within Visual 

Line of Sight of the Pilot in Command at all times. 

3. Aerial Imagery of Commercial and Residential Properties – These operations would 

take place with express written permission from the owner of the property for the 

purpose of obtaining quality aerial photos of real estate. These operations would be 

conducted in airspace no more than 400’ AGL and the UAS will remain within Visual 

Line of Sight of the Pilot in Command at all times.

We can insure that the combination of the UASs lightweight, historically demonstrated flight 

performance, on board GPS system, fully qualified flight personnel, and strict operation under 

the guidelines established, the FAA can have confidence that PDND’s operation will have an 

equivalent or greater level of safety of manned aircraft performing the same missions. 

Precision Design

Drafting, Inc.

&&
Also, given the small size of the UAS’s involved and the restricted controlled environment within 

which they will operate, the applicant fits within that zone of safety (an equivalent level of safety) 

in which Congress envisioned that the FAA must, by exemption, allow commercial operations of 

UASs to commence immediately. Also due to the size of the UASs and the controlled areas in 

which the relevant UASs will operate, approval of the application presents no national security 

issue. Given the following, the grant of the requested exemptions is clearly in the public interest: 

PDND proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for an 

exceptional level of safety to operations. These limitations and conditions to which PDND

agrees to be bound when conducting commercial operations under an FAA issued exemption 

including: 

1. The UAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of operator. 

3. Maximum total flight time for each operational flight will be 30 minutes. 

4. Flights will be terminated at 15% battery power reserve. 

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

5. UAS operator will be trained and certified in the proper safety and operations of the UAS. 

6. The UAS will only operate within a controlled area as defined in the Procedures. 

7. The operator will post advisor notice around the controlled area. 

8. The operator will have been trained in operation of UAS generally and received up-to-date 

information on the particular UAS to be operated as required. 

9. If the UAS loses communications or loses its GPS signal, the UAS will have capability to 

return to a pre-determined location within the Security Perimeter and land.

10. The UAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

The name and contact information of the applicant are: 

Precision Design & Drafting, Inc. 

11768 Atwood Rd, Suite 20 

Auburn, CA 95603 

Bret McComb, PE 

530-823-6546 

bret@pdnd.com 

Regulations from which the exemption is requested are as follows: 

14 CFR Part 21 

14 CFR 45.23(b) 

14 CFR 91.7(a) 

14 CFR 91.9(b)(2) 

14 CFR 91.103(b)(2) 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151(a) 

14 CFR 91.203(a) & (b) 

14 CFR 91.405(a) 

14 CFR 407(a) (1) 
14 CFR 409(a) (2) 

14 CFR 417(a) & (b) 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and 

are prepared to modify or amend any part of this request to satisfy the need for an equivalent 

level of safety. We look forward to working with your office. Please contact us at any time if 

additional information or clarifications are needed.

Sincerely, 

Precision Design & Drafting, Inc. 

Bret McComb, PE 

President, CEO 

Appendices: 

A. Exemption Request and Equivalent Level of Safety 

B. Permission Form 
Appendix A 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Precision Design & Drafting, Inc. requests an exemption from the following regulations as well 

as any additional regulations that may technically apply to the operation of its UAS’s. 

14 CFR Part 21, Subpart H: Airworthiness Certificates 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203(a) (1).

Given the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level 

of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. 

§44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from 

the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular UAS. In all 

cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be 

at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a controlled area as set out in the Procedures. Unlike other civil aircraft, operations under 

this exemption will be tightly controlled and monitored by the operator, pursuant to the 

Procedures requirements. Lastly, application of these same criteria demonstrates that there is 

no credible threat to national security posed by the UAS, due to its size, speed of operation, 

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

a substantial external load. 

14 CFR § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

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. Even though the UAS 

will have no airworthiness certificate, an exemption may be needed as the UAS will have no 

entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed.

Given the size of the UAS, two-inch lettering will be impossible. The word "Experimental" will be 

placed on the fuselage in compliance with §45.29(f). The equivalent level of safety will be 

provided by having the UAS marked on its fuselage as required by §45.29(f) where the operator 

working with the UAS will see the identification of the UAS as "Experimental." The FAA has 

issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 

10167 A 

14 CFR §91.7(a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 
Given the size of the aircraft and the requirements contained in the Procedures for maintenance 

and use of safety check lists prior to each flight, an equivalent level of safety will be provided. 

14 CFR § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9(b) (2) provides: 

No person may operate a U.S.-registered civil aircraft ... (2) for which an Airplane or Rotorcraft 

Flight Manual is not 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. The UAS, given its size and configuration has no ability or 

place to carry such a flight manual on the aircraft, not only because there is no pilot on board, 

but because there is no room or capacity to carry such an item on the aircraft. The equivalent 

level of safety will be maintained by keeping the flight manual at the ground control point where 

the operator flying the UAS will have immediate access to it. The FAA has issued the following 

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 

10167, 10167A, 10602, 32827, and 10700.

14 CFR § 91.103(b): Preflight action 

This regulation requires that each pilot in command shall, before beginning a flight, become familiar 

with all available information concerning that flight. This information must include — (b) for any flight, 

runway lengths at airports of intended use, and the following takeoff and landing distance information... 

As FAA approved rotorcraft flight manuals will not be provided for the aircraft and because 

runways are not needed for takeoff and landing operations, an exemption will be needed. An 

equivalent level of safety will be provided as set forth in Procedures. The operator will take all 

actions including reviewing weather, flight battery requirements, landing and takeoff locations 

and aircraft performance data before initiation of flight. 

14 CFR §91.109: Flight instruction: 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. UASs and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety 

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

size and speed of the aircraft.

14 CFR §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a UAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth 

herein, except for the limited conditions stated in the Procedures, the UAS will never operate at 

higher than 400 AGL. The equivalent level of safety will be achieved given the size, weight, 

speed of the UAS as well as the location where it is operated. In addition, the low-altitude 

operations of the UAS will ensure separation between these small-UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 
14 CFR §91.121: Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." As the UAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the Procedures and Safety Check list, confirming 

the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151(a) prohibits an individual from beginning "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." 

The battery powering the UAS provides approximately 40 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and 

the location of its proposed operations within a predetermined area, a longer time frame for 

flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption 

from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 

(allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). 

Operating the small UAS, in a tightly controlled area, with less than 30 minutes of reserve fuel, 

does not engender the type of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly 

reduce the utility for which the exemption will be granted. Applicant believes that an equivalent 

level of safety can be achieved by limiting flights to 30 minutes or 15% of battery power 

whichever happens first. This restriction would be more than adequate to return the UAS to its 

planned landing zone from anywhere in its limited operating area. Similar exemptions have 

been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 

14 CFR §91.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(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. The UAS fully loaded weighs no more than 

55 lbs and is operated without an on board pilot. As such, there is no ability or place to carry 

certification and registration documents or to display them on the UAS. An equivalent level of 

safety will be achieved by keeping these documents at the ground control point where the 

operator flying the UAS will have immediate access to them, to the extent they are applicable to 

the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample 

of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, 

and 10700. 

14 CFR §91.405(a); 407(a) (1); 409(a) (2); 417(a) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided 

in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter... ," and others shall inspect or maintain the aircraft in compliance with Part 43. Given 

that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator 
pursuant to the flight manual and operating handbook as referenced in the Procedures. An 

equivalent level of safety will be achieved because these small UASs are very limited in size 

and will carry a small payload and operate only in controlled areas for limited periods of time. If 

mechanical issues arise the UAS can land immediately and will be operating from no higher 

than 400 feet AGL. As provided in the Procedures, the operator will ensure that the UAS is in 

working order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and 

best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of 

safety. Pursuant to 14 CFR Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 CFR §21, subpart H; 14 CFR 

45.23(b); 14 CFR §§ 61.113(a) & (b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.121; 

91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.409(a) (2) & 91.417(a) & 

(b) to operate commercially a small unmanned vehicle (55lbs or less) for the purpose of 

inspection, monitoring, mapping and photographing attached equipment and engineering 

studies involving communication towers, wind turbine tower facilities and power transmission 

tower operations. 

Approval of exemptions allowing commercial operations of UASs will create a level of safety by 

reducing risk. Conventional tower structure inspections and associated tasks involve extreme 

risks to personnel physically climbing such structures and/or utilizing high rise equipment both of 

which create numerous and extreme risk to such personnel. In contrast, a UAS weighing fewer 

than 55 lbs and powered by batteries eliminates virtually all of that risk. The UAS will carry no 

passengers or crew and, therefore, will not expose personnel to any of the risks described 

above. 

The operation of small UASs, weighing less than 55 lbs, conducted in the strict conditions 

outlined above, will provide a level of safety supporting the grant of the exemptions requested 

herein, including exempting the applicant from the requirements of Part 21 and allowing 

commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, 

and in a controlled environment. 

Privacy 

All flights will occur over private or controlled access property with the property owner's prior 

consent and knowledge. The granting of this exemption request will provide innovative safety 

operations. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size, 

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

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

grant of the requested exemptions allowing commercial operation of applicant's UAS in and 

pursuant to the Procedures appended hereto.
Appendix B 

PERMISSION TO COLLECT AERIAL IMAGERY OVER PROPERTY

By signing this permission, the signer consents to aerial image collection by Precision Design & Drafting, 

Inc. (PDND) of the project site or facility which is being farmed and, to the extent necessary, areas 

adjacent to the site or facility. This permission allows PDND staff to enter upon and around such property 

in order to collect aerial imagery over the project site or facility, without prior notice, between the hours of 

7:00a.m. & 6:00p.m. Monday through Sunday. If PDND staff should wish to collect imagery at any other 

times, PDND staff will so notify the applicant and will obtain a separate consent for such a collection. 

Imagery collection may take place regardless of whether the signer or an agent is present. In the event 

that the project site or facility is posted with any form of "posted" Or "keep out" notices, or fenced in with 

an unlocked gate, this permission authorizes PDND staff to disregard such notices or unlocked gates at 

the time of the collection. The signer further agrees that during imagery collection, PDND staff may 

capture physical characteristics of the site including, but not limited to, taking measurements of the 

project site or facility. The following rules apply during the execution of all imagery collection done by 

PDND staff under this permission: 

1. Flight Operations: A Pilot in Command (PIC) will be in control of all aerial imaging assets. All flights 

will occur within line of sight and include a trained Visual Observer (VO). All aerial imaging assets flown 

will be less than 55 lbs. 

2. Rights to data/imagery being collected: Data/imagery, and other information conceived, developed, 

or produced in the course of this permission shall remain the property of PDND. The signer and agent 

maintain unlimited rights to modify and disseminate all data/imagery and information. 

3. Compliance with Laws: In the course of performance hereunder, the Parties shall comply with all 

applicable local, state, and federal laws and regulations. 

4. Costs/Liability Limitation: Except in the event of a Party's gross negligence or willful misconduct; the 

aggregate liability of a Party to the other Party for claims, damages, costs, actions, or liabilities arising 

from or related to this Agreement, regardless of the legal theory of recovery, shall in no event exceed the 

actual out-of-pocket costs of the injured Party incurred in the performance of this Agreement. 

Permission is granted for aerial imagery collection of property located at the following address(es): 

 

 

By signing this form, I affirm under penalty of perjury that I am authorized to give consent to entry 

by PDND staff as described above.* 

 

Print Name and Title Signature Date 

 

*The signer of this form must be an individual or authorized representative of a legal entity that: 

• owns fee title and is in possession of the property identified above; 

• maintains possessory interest in the property through a lease, rental agreement or other legally binding document; or 

• is provided permission to act on behalf of an individual or legal entity possessing fee title or other possessory interest in 

the property for the purpose of consenting to imagery collection of such property