April14, 20 1 5
Docket Management Facility U .S. O e p a rtm e nt of Transportation Doc k et M anagem e nt Sys tem 1200 New J ersey Ave S.E. W ashingt on D.C. 

### 20590 RE: E xe mption R equest, Section 

### 333 of th e FAA R efo r m Act of t he Fed e ral Avi ation R egulati ons from 

### 14 C.F. R . Dea r Si r or Mad am: Pu rsu ant to t h e FAA Modernization and Reform Act of 

### 2012 and the procedures contain ed within 

### 14 C.F . R . Part II , Thurman & Thurman, LLC (dba Aerial Check UAVs) is writin g to request that w e, Anthony 5. T hurman and Steph ani e J. Thurman, as owners and operators of small unmann ed aircrafts (UAS) equipped to condu ct aeri a l d ig i t al imagery, respectfully request to be gran ted exemption as l isted b e low. Thi s exemption will permit Aerial Check UAVs to operate an Unm ann ed Aircraft System (UAS) for t he commercial purpo se of conducting aerial inspections and surveys as well as pos t-di sast e r aeri a l su ppo rt . Inspecti ons wou ld include property, land survey and other high st ru c tures th at current ly require fa ll protection gea r (i. e . Cellul ar/RF towers and roofs). Additiona l ly, we shall operate in a reas of agricu lture 

### an d search and rescues and will provide digital imaging services for the purpose of developing m a rketing m ateri als. The d etails of th e operation as w e ll as all pe rtin e nt inform ation are contain ed within t hi s doc um ent o r p rovided within the attachm e nts.



### AERIAL CHECK UAVs P.O . Box 1813, WALLER, TEXAS 

### 77484

### 14 C.F.R 

### 11.81 (a)- Name and address of the Petitioner: The name and address of the applicants are : Anthony 5 Thurman Stephanie 

### J Thurman PO Box 1813 W a ller, TX 77484 Phone: {832} 928-9594 Email: s tephanie .thurman@outlook.com 

### 14 C. F.R (b)- Exemptions Requested: Regulations from which the exemption is requested include: Private Pilot Privileges A i rcraft Airworthiness Preflight Action Minimum Safe Altitudes Altimeter Settings Fuel Requirements Maintenance Required Operation after Maintenance Inspections Maintenance Records 14 C.F.R § 61.113 (a) 14 C.F . R § 91.7 (a) 14. C.F.R . §91.103 (b) 14. C.F . R § 91.119 (c) 14. C.F . R § 91.121 14 C.F.R.§ 91.151 (a) 14 C.F . R § 91.405 (a) 14 C.F.R § 91.407 (a) (1) 14 C.F.R § 91.409 (a) (1} 

### & (2) 14 C.F . R . § 91.417 (a) 

### & (b)
Private Pilot Privileges -14 C.F.R. § 

### 61 . 113 (a)- Because a UAS does not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot's license rather than a commercial pilot's license to operate small UAS . Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based operator. The operat ional area is controlled and restricted and all flights are planned and. coordinated in advance. The level of safety exceeds that provided by a piloted helicopter or aircraft. The risks associated with the operations contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceed the present level of safety sought by 14 C . F. R . §61.113 (a) and (b) Aircraft Airworthiness 14 C.F. R § 91.7 {a)- states that no person may operate a civil aircraft unless it is in airwort h y condition . Currently, no Administration regulatory standard exists for determining the airwort hines s of a UAS . Therefore, if the exempt ion is granted, Aerial Check UAVs will follow and maintain the U A

Ss as indicated by the manufacturer and conduct all safety checks recommended prior to each flight.


### AERIAL CHECK UAVs P.O . Box 1813, WALLER, TEXAS 

### 77484 2

### 3 Preflight Action 14. C.F.R. §91.103 

### (b)- state s that a pilot in co mmand ( PIC) become fam iliar with specific info rmat ion before each ffight , including information contained in the Admini stration app roved Flight Manual on board th e aircraft. As no such manual cu rrently exist s, Aerial Check UAVs requests an exempti on fro m this re qu irement. If the exemption is granted , the PIC w ill ta ke all actions includ ing review of t he f l ig ht req uirements, landing and takeoff distances, weath e r prior to the commencement of the fligh t.
Minimum Safe Altitudes 14. C.F.R § 91.119 (c) es tabli shes safe altitudes f or operation of civil aircraft. As set forth herein, the UAS would never operate above 400AGL, except under very limited an d restricted circumstances as referenced by the User Manual. Further, th e low-altitude operations of an UAS wi ll ensure se paration between the se small UAS operation and the o perations of conventional aircraft that must co mpany with Section 91.119.
Altimeter Settings 14. C.F.R § 91.121- Thi s regulation requires each person operating an ai rcraft t o maintain a 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 have a barom etri c altim ete r, this device is ca librated via onboard electronic calibration and cannot be set or reset by t h e PIC, an exem pti o n is reques t ed. An equivalent of safety will be achieved by the operation, pursuant to the Manual and Safety Ch eck li s t , co nfirming the altitude of the launch site as shown on the qnscree n disp lay altitude indicator before flight.
Fuel Requirements 14 C.F.R . § 91 . 151 (a}- outlines fu e l requirements for beginning a flight in VFR conditi ons . Th e battery powering the UAS provid es approximately 30 minutes of powered flight. To meet the 30 minute reserve requ ireme nt, UASfli g hts would be limited to approximately 5 minutes. Given the limitations on the UASs proposed fli ght area and the location of its propose d operations within a predete r mined area, a lon ger time frame for flight in day light or night VHR co nditions is reasona ble . Operating the small UAS, in a co ntrolled area, where only people and property owners or officia l represent at ives w ho have sig n ed waivers will be allowed, with less th an 30 minutes of re serve fuel, does not engender the type of risks that Section 91.151(a) was inte nded to alleviate give th e size and speed of the small U AS. Additionally, limitin g UASs fli ghts t o 10 minutes would g reat ly reduce the utility for which the exempt ion w ill be gra nted . Ae rial Ch eck UAVs submits that safety will not be affected by terminating f lights of t he battery powe red 51000 and Ph antom 2 UASs after 1 5 to 20 minutes of continuous flight , which allows for five minutes of battery power remaining. S t andard flig hts operated by Aerial Check UAVs would la st between 10 and 20 minutes.



### AERIAL CHECK UAVs P .O. Box 1813, WALLER, TEXAS 77484Maintenance Required 14 C.F.R § 91.405 (a) Operation after Maintenance 14 C.F.R § 91.407 (a) (1) Inspections 14 C.F.R § 91.409 (a) (1) & (2) Maintenance Records 14 C.F.R. § 91.417 (a) 

### & (b) Since Sections 91.405(a), 91.407(a)(l), 91.40(a) (1) & (2) and 1.417 (a) & (b) only apply to aircraft with an airworthiness certificate, we respectfully request exemption from these Sections because the S1000 and Phantom 2 do not require airworthiness certificates. Should t he exemption be granted, Aerial Check UAVs w ill use approved operators to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices as prescribed in the DJI users/maintenance manual. A maintenance manual for each UAS wi ll record all maintenance performed on each UAS and a pre-flight check list will be follo wi ng prio r to the i nception of each flight. 14 C.F.R (c)- The extent of relief petitioner seeks, and the reasons petitioner seeks the relief: 

### 4

Aerial Check UAVs seeks relief pursuant to this exemption from the identified sections ofthe Federal Aviation Regulations to the extent necessary to perform commercial flight operations within the national airspace. Aerial Check UAVs seeks authorization to conduct small UAS flight operations within the perimeters of this exemption request. 14 C . F.R. Part 11.81(d}- The reasons why granting petitioners request would be in the public interest; that is, how it would benefit the public as a whole: Should Aerial Check UAV be granted an exemption, it would allow the company to safe ly and efficiently conduct UAS flight operations, commercially, to collect valuable information for our clients in the form of High-Definition Aerial Imaging while realiz i ng the scales of economy. Us ing UASs as a means to capture aerial data will decrease congestion ofthe NAS , reduce pollution (no dependence on fossil fuels) , thereby reduc ing the carbo n footprint and reduce inh erent risks associated with the operation of an aircraft car rying pilots and fuel. During and immediately following emergency situations (i.e., Natural disasters, fires, search and re scue) data can be fed to the client in real-time, thereby allowing them to provide inform ation to the public in a timely manner. 14 C. F.R Part 11.81 (e)- 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 petitioner seeks the exemption: Using UAS technology to collect photographic/videography data is beneficial to the pub l ic as a whole as it significantly risks to wo rkers who must scale heights to collect informatio n ( risk offall), it reduces ris ks to the pub l ic as a w hole due to the reduction of helicopters and small aircraft as the UASs car ry no combu s tib le 

### AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 

### 774845 materia ls on board . Battery Powered UASs serve as a safe, efficient and econom ica l alternative to manned aircraft t raditionally used for capturing aerial images. They provide high leve ls of safety to person and property since no pilot or crew need to be airborne. UASs provide greater operational flexibility and reduced costs . Better aerial imagery can be obtained by using UASs due to their small size, maneuverability and flight performance characteristics. Less time is needed in the air to obtain the footage, thereby reducing the numberof aircraft in the NAS. Reduction of noise will benefit the public as well. Finally, the UAS industry is expected to grow to $11.5B by 2024 (military and civilian), which ultimately will contribute to the US economy by creating jobs and increasing consumer spending. The use of UASs can significantly reduce the risk to workers of falls while inspecting, surveying, or monitoring sites. UASs can inspect, photograph, and collect data on hard to access areas that otherwise would require worker inspection. Falls are a leading source of workplace fatality and injury on construction sites and reducing falls through UASs use for site imaging could save workers lives. Additionally, UASs could replace the use of helicopters and small aircraft to monitor sites. The UASs we propose to fly in this application are less than 25 pounds, and carry no combustible material on board , as oppose d to the much larger conventionally powered small aircraft . Shifting to UASs from helicopters presents a marked safety increase for our workers and the public . Lastly, UASs reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection over a construction site. Our UASs use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier. The ope rating limitation s proposed by Aerial Check UAVs provide for at least an equivalent or high e r level of safety because the operations further enhance the safety of aerial digita l imaging over using conventional aircraft. In addition to following all instructions as provided by the manufacturer, Aerial Check UAVs shall include the following conditions and limitations in all operations: 1} Flights will be operated within line of sight of a pilot and/or observer . 2) Flights will be terminated at 20% battery power reserve. 3) Flights will be operated at an altitude of no more than 400ft AG I, and not more than 200 feet above an elevated platform . 4} Flights will only be operated in reasonably safe environments that are strictly controlled, are away from airports, power lines, elevated lights, and/or actively populated a reas. 4) Minimum crews will consist of the UAS Pilot, the Visual Observer and the Camera Operator. 5) A briefing will be conducted for planned UAS operations prior to each flight. 6) Consent will be obtained from all persons involved in the operation and only authorized person nel will be allowed within 500 feet ofthe flight operation . 7) Written permission will be obtained from the relevant property owners 8) Ifthe UAS loses communications or loses its GPS signal, the UAS will be placed in "Return to Home" mode and will return to its point of takeoff. 9) The UAS flight will be aborted should circumstances arise that created a potential hazard to person or place. 

### AERIAL CHECK UAVs P . O. Box 1813 , WALLER, TEXAS 77484Aircraft Description Aerial C h

eck UAVs proposes the use of two UASs, the DJI S1000 and the DJI Phantom II. Aerial Che ck UAVs will choose which unit to use based on a review of the proposal of work, taking i nto consideration many factors including weather, wind, altitude necessary to complete the job and the complexity of the site location . 

### 6

Important safety features of the DJI S1000 and the DJI Phantom II include Airport vicinity no-fly features, restricted altitude features, return hom e capability and GPS Navigation . With an on - board OSD (Onscreen Display T ransmitting Device), the PIC has the ability to monitor altitude, d istance, and battery level , as well as real time camera imagery . Although the units can be

**programe~** to fly at a maximum of 400 feet, typica l applications require altitudes between 50 and 250 feet. Both the SJI S100 and the DJI Phantom II will operate with the DJI Ground Station Software. One of the unique functions ofthe DJI Ground Station software is that users will not be able to build waypoints or home points in designated restricted areas and any waypoint routines that attempt to go through these special areas will be rendered invalid. The DJI Ground Station enables 3-D Map Waypoints Editing , Flight Path Planning, Real -time Flight State Feedback and Auto Takeoff and Landing . This product is specially designed for the purpose of aircraft operation, f lying in applications such as land surveillance , aerial photography, etc . Working with OJI flight control system, DJI Ground Station not only ensures stable performance and safety of the aircraft, easy operation for the pilot, but also allows the aircraft to fly along the flight path set before or modified duri ng the flight mission in the Ground Station software autonomously . Although the UAS can be operated by one person, flight operations carried on by Aeri al Check UAVs invo lve at l east two peop le: a pilot-in-command ( " PIC") and an observer. The PIC is responsible for flying the UAS, monitoring its statu s and flight dynamics whi le maintaining visual line of sig ht and keeping the flight w ithin the manufacturer's specified limits in terms of wind, flight range, battery life, etc. , for safe operation of the UAS. Observers will be responsible for monitoring the airspace for other ai rcraft and hazards, advising the operato r before and during f l ight of all such observed risks, and monitoring the cont rolled operating area .



### AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 

### 77484Summary for Publication in the Federal Register Pursuant to 14 C.F.R. Part 11, the following summary is provided for pub lication in the Federal Register, should it be determined that publication is necessary. Aerial Check UAVs, operators of a DJI s1000 and DJI Phantom 2, both weighing less than 25 pounds, seeks an exemption for the following rules:
14 C.F.R § 61.113 (a); 14 C . F

. R § 91.7 (a); 14. C.F.R. §91.103 (b); 14. C.F.R § 91.119 (c); 14. C.F.R § 91.12 1 ; 14 C.F.R.§ 91.151 (a); 14 C.F.R § 91.405 (a);14 C.F.R § 91.407 (a) (1); 14 C.F.R § 91.409 (a) (1) 

### & (2); 14 C.F.R. § 91.417 (a) 

### & (b); Gran ting this exempt ion will allow fo r the commercial operation of small UASs for the purpose of conducting aerial i nspections and surveys as well as post-disaster aerial support. Inspections would include property, land survey and other high structures that currently require fall protection gear ( i. e. Cellular/RF towers and roofs). Addit ionally, operations shall be co ndu cted in areas of agriculture and search and rescues and will provide digital imaging services for the purpose of developing marketing, materials, so long as such operations will provide an equivalent level of safety and will be conducted w ith i n and under the co nditions outlined in th e exemption request, the supporting documents, or as may be establishe d by the FAA as required by Section 333. The factors as directed by Congress to consider, in accordance wit h Section 333(b) of P.L. 112 95 states, in part: " In making th e determination und e r subsection (a), the Secretary shall determine, at a minimum-- (1) which types of unm anne d aircraft systems, if any, as a result of their size, weight, speed , operational ca pab ility, proximity to ai rports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a th reat to national security are each supported in this request. UASs are sma ll , and will operate at slow speed s in o rd er to more safe ly and efficiently conduct inspections of all types that would otherwise involve a risk to inspectors. This increase in safety and decrease in human injuries weighs heavily in f avor of granting the requested exemption. The requ ested exemption would permit the operation of small, unmanned UASs under controlled conditions that will not create a hazard to other users of the NAS or the pub lic or pose a threat to national securi ty . The contro lled operations of small, low altitude UASs will provide safety enhancements to the existing methods of in spection and videography.



### AERIAL CHECK UAVs P . O. Box 1813, WALLER, TEXAS 77484 

### 7

### 8 Conclusion As for the reasons set forth herein, Aerial Check UAVs seeks an exemption pursuant to 14 C.F.R. §11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit the safe operation of the DJI S1000 and DJI Phantom 2 UASs commercially, without an airworthiness certification, for the purposed of conducting aerial digital imaging and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing the UASs to be flown safely, efficiently, and economically within the NAS. Wherefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Aerial Check UAVs respectfully requests that the Administrator grant this Petition for an Exemption from the requirements of 14 C.F.R Sections 61.113(a) 

### & (b), 91.(a), 91.121, 91.151(b), 91.405(a) , 91.407 (a) (1), 91409(a) (1) 

### & (a)(2) and 91417 (a) 

### & (b), and permit Aerial Check UAVs to operate the DJI S1000 and DJI Phantom 2 commercially for the purpose of conducting aerial digital imaging and photography over certain areas of the United States. Dated: April 14, 2015 Respectfully submitted



# MA~

**SThurman**

AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 

### 77484