1 

September 10, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE Washington, DC  20590 

Re: Petition of LiDAR Drone Services, LLC,  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, the Petitioner “LiDAR Drone Services, LLC​” 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 the purpose of conducting controlled flights for aerial survey, photography, 

videography, and aerial photogrammetry and Light Detection and Ranging (LIDAR) data 

collection. 

The requested exemption would permit LiDAR Drone Services, LLC to pursue its commercial 

interests, in a safe and efficient manner, by providing services to clients using a small advanced 

sUAV in several areas, including the following: 

● Environmental and industrial sites monitoring,

● Obtaining geo­spatial data

● Aerial filming and photography

● Inspection of construction facilities

● 3D Mapping

● Precision property aerial surveys
2

This Petition is organized as follows:

I.Petitioner

II.Description of Proposed Operations

A. Aerial Photogrammetry, Property Survey and Inspection of Industrial/Construction Sites

III. Relevant Statutory Authority

IV. LiDAR Drone Services, LLC 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 LiDAR Drone

Services, LLC Operations Manuals

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(a)(1)

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

Requirements

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

Maintenance Inspections

D. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and

Limitations

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

F. 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

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

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

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

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

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

VI. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion
3

I. DESCRIPTION OF PETITIONER

Based out of Baltimore, MD LiDAR Drone Services, LLC is an aerial surveying company

dedicated to providing safe and efficient use of UAS in obtaining geo­spatial data for clients. It is

currently comprised of 4 people who are all principals and owners in the firm. Alexander Hilger

is an experienced pilot who holds a Sport Pilot Certificate, is a member of the Academy of

Model Aeronautics, and has several years of experience building and flying UAVs for

recreational purposes. He has taken a 30­hour long UAV course that emphasizes safety

procedures. He has received multiple awards from various universities, including Yale

University, for achievements in Aerospace Sciences. Alexander is also part of the DC Area

Drone User Group (DC DUG) that promotes responsible use of flying robots (drones) and

educates members on best safety practices within their community.

LiDAR Drone Services, LLC seeks an exemption to allow commercial operations of small 55lbs

UAS to provide aerial photography, video, and survey services for the purposes of environmental

and industrial sites monitoring, obtaining geo­spatial data, inspection of construction facilities,

3D mapping, and precision property aerial surveys.

The contact information for Petitioner is as follows:

Alexander Hilger

Chief UAV Pilot

LiDAR Drone Services, LLC

2504 North Calvert Street

Baltimore, MD 21218

Email: david.hilger77@gmail.com

II. DESCRIPTION OF PROPOSED OPERATION

LiDAR Drone Services, LLC seeks an exemption pursuant to Section 333 of the Reform Act to

operate the DJI S900 UAS for the proposed operations discussed below. All UAS operations

will occur under tightly controlled conditions on private property where petitioner has received

permission to operate from the landowner, controller or authorized representatives. The

proposed UAS operations will be conducted in accordance with the conditions and limitations of

this Petition for Exemption and petitioner’s Operations Manuals. As detailed in petitioner's

Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within

visual line­of­sight ("VLOS") of the operator, in uncontrolled airspace, and will occur at least 5

miles away from an airport. Moreover, petitioner’s Operations Manuals incorporate redundant
4

safeguards to assure that the aircraft does not travel outside the controlled area of UAS

operations, including GPS "geo­fencing" technologies.

A. Aerial Photogrammetry, Property Survey​and Inspection of Environmental and

Industrial/Construction Sites

LiDAR Drone Services, LLC seeks to use small UASs for the purpose of conducting aerial

environmental imaging and aerial photogrammetry and Light Detection and Ranging (LiDAR)

data collection to create 3D maps that can be put into ArcGIS and CAD files. The data can be

used to properly measure the topography of the environment for specific client needs.

Small UAS imaging and photogrammetry using LiDAR is also safer than traditional manned

aircraft performing the same function. Conventional operations using rotorcraft and fixed­wing

aircraft in low level operations present risks associated with vehicles weighing thousands of

pounds and carrying large amounts of fuel. It is important to note that the use of small UAS in

this area will not only be safer and more cost effective, but the quality of collected data and

information is far superior.

Small UAS imaging and photogrammetry using LiDAR is more reliable, and allows for the

collection, dissemination, and storage of visual and other sensory data with greater precision and

duration. Small UASs are also capable of accessing and inspecting areas that would otherwise

be inaccessible to humans or cannot be completed with conventional aircraft.

III. RELEVANT STATUTORY AUTHORITY

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

Modernization and Reform Act of 2012 ("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

● 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
5

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. LiDAR DRONE SERVICES, LLC PROPOSED UAS OPERATIONS MEET THE

REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small UAS operations proposed by LiDAR Drone Services, LLC 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

A Grant of Exemption is appropriate for operations conducted using the DJI S900 UASs due to

its size weight, speed, and operational capability.

● The DJI S900 has been approved for use in prior Section 333 Grants of Exemption from

the FAA.

1

● The DJI S900 weighs less than 25 pounds, including payload.

● The DJI S900 will not be flown at a ground speed in excess of 50 knots.

● Altitude information will be generated by equipment onboard the UA as specified using

GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any

combination thereof. This information will be transmitted to the pilot via telemetric data

feed.

● The UASs will have system redundancies and independent functionality to ensure the

overall safety and predictability of the system. If connection to the remote control or

ground control station is lost, failsafe systems will permit the UAS to return to a

predetermined location and safely land without injury or damage.

● The radio frequencies used for operations and control of the UAS comply with the

Federal Communications Commission ("FCC") and other appropriate government

1 See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of Exemption to

VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to Low Country RC, Corp. (Exemption No.

11184); Grant of Exemption to Alan Purwin (Exemption No. 11161); Grant of Exemption to Helinet Aviation

Services (Exemption No. 11160); Grant of Exemption to Total Safety U.S., Inc. (Exemption No. 11156).
6

oversight agency requirements. The operating frequency for the DJI S900 is 2.4 GHz.

If the same operations were conducted using a helicopter, the aircraft's take­off weight would

likely exceed 6,000 pounds carrying a pilot, camera operator and VO­visual observer­ navigator.

The difference in weight between the DJI S900 and a helicopter significantly reduces the

potential harm to the participating and nonparticipating individuals or property in the event of an

accident or incident. In addition, the risk to the onboard pilot and camera operator is eliminated.

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

Drone Services, LLC Operations Manuals

LiDAR Drone Services, LLC Operations Manuals and the Manufacturer's Manual for the

selected UASs 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 petitioner’s proposed operations, below is a summary of

operational limitations and conditions that petitioner will adhere to, and which will ensure an

equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The UAS weighs less than 55 pounds, fully loaded.

2. All operations shall be conducted over private or controlled­access 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

operation.

3. All UASs operated under the Grant of Exemption will be identified by serial number,

registered in accordance with 14 CFR part 47, and have identification (N­Number)

markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as

practicable.

4. Minimum crew for each flight 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.

5. PICs shall possess at least a Private Pilot's Certificate and current Class III Medical

Certificate. The PIC will 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.

6. The UA shall be operated within VLOS of the PIC and Observer at all times. The PIC

must use human vision unaided by any device other than corrective lenses, as specified

on the PIC's FAA­issued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally

at all times.

8. Electronic messaging or texting will not be permitted during flight operations.
7

9. The additional requirements identified in the Grant of Exemption shall be added to the

petitioner’s Operations Manuals. The Operations Manuals will be maintained and made

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

conditions and limitations in the Grant of Exemption and Petitioner’s Operations

Manuals, the conditions and limitations in the Grant of Exemption shall take precedence

and must be followed. Otherwise, petitioner shall follow the procedures outlined in their

Operations Manuals.

10. Petitioner may update or revise its Operations Manuals. Revisions will be tracked and a

revised copy of the Manual will be provided to the Administrator upon request. Petitioner

will also present an updated and revised Operations Manuals if it petitions for extension

or amendment to its Grant of Exemption. If an update or revision would affect the basis

upon which the FAA grants the exemption, petitioner will seek an amendment to its

Grant of Exemption. petitioner will contact the FAA’s UAS Integration Office (AFS­80)

if questions arise regarding updates or revisions to the operating documents.

11. Petitioner’s Operations Manuals and its Grant of Exemption will be available to the PIC

at the ground control station anytime the UAS is operating.

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

weather conditions) there is enough power to fly to the first intended point of landing,

and assuming normal cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the DJI S900 will be limited

to 40 minutes or the amount of time the UAS can be flown and still maintain a reserve

battery power of no less than 25%, whichever occurs first.

14. 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. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not

be operated more than 100 feet above the highest point on the structure, and no more than

50 feet horizontally from the structure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons.

(persons other than the PIC, VO, operator trainees or essential personnel), 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 and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission

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, and;
8

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not

present an undue hazard to those persons per § 91.119(a).

16. 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.

17. The UA may not operate within 5 nm of an airport reference point as denoted on a

current FAA­published aeronautical chart unless a letter of agreement with that airport’s

management is obtained, and the operation is conducted in accordance with a NOTAM as

required by the petitioner COA. The letter of agreement with the airport management

will be made available to the Administrator upon request.

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

for flight. The pre­flight inspection will account for all discrepancies, e.g. inoperable

components, items, or equipment, not already covered in the relevant sections of the

operating documents. 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 shall be included in the preflight inspection. All maintenance and

alterations must be properly documented in the UAS records as required by petitioner’s

Operations Manuals.

19. Petitioner will carry out its maintenance, inspections, and record keeping requirements in

accordance with the Operations Manuals. Maintenance, inspection, and alterations will

be noted in the UAS records, including total time in service, description of work

accomplished, and the signature of the authorized person returning the UAS to service.

20. 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 petitioner 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 petitioner’s Operations Manuals.

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

any required manufacturer Safety/Service Bulletins.

22. Prior to the operation, a Mission Packet will be created in accordance with the

requirements on petitioner’s Operations Manuals.

23. Petitioner 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. A NOTAM will be issued as required by the COA. All

operations will be conducted in accordance with airspace requirements in the ATO issued

COA including class of airspace, altitude level and potential transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire or other appropriate governmental
9

agencies.

25. If the UAS loses communication with the pilot, it will have the capability to return to a

pre­determined location within the operational area and land safely.

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

communication between the PIC and the Observer.

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

obstacles or emergencies.

28. PICs and Observers will have at least a current Class III Medical Certificate.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in

a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25

hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with

a similar UAS type.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged, in

a manner consistent with 14 CFR § 61.51(b), a minimum of 54 CFR §61.51(b), a

minimum of 10 logged hours as UAS pilot operating the make and model of UAS to be

utilized for operations under the exemption and thirty take­offs and thirty landing in the

preceding 90 days.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under

Special Visual Flight Rules ("SVFR") shall not be conducted.

32. The UA 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.).

33. UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. The UAs will not be operated from an elevated platform or moving device / vehicle.

35. Before conducting operations, the radio frequency spectrum used for operation and

control of the UA will comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements.

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.

2

LiDAR Drone Services, LLC seeks an exemption from several interrelated provisions of Title 14

2 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).
10

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.

3

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. If, however, the FAA determines that there are some characteristics of the

4

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

Equivalent Level of Safety

LiDAR Drone Services, LLC use of the DJI S900 are safe when taking into account their size,

weight, speed, and operational capability. As set forth in the description of proposed operations

in Section IV (A), DJI S900 weighs less than 55 pounds, including payload and will not be

flown at a ground speed in excess of 50 knots. UAS is also equipped with safety features that

will allow petitioner to operate the UAS safely after experience certain in­flight contingencies or

failures.

5

UNMANNED AIRCRAFT SYSTEM

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. Petitioner will also provide the FAA with advance notice of all

operations via NOTAMs as required by the applicable COA. In all cases, operation of the DJI

S900 under the proposed conditions will be at least as safe as, or safer than, conventional

rotorcraft operating with an airworthiness certificate.

3 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.

4 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA­2014­0352 at pgs. 13­14, 22).

5 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA­2014­0803 at pg. 3): "The [DJI Phantom

II, DJI S1000, DJI S900] has the capability to operate safely after experiencing certain in­flight contingencies or

failures and uses an autopilot system to maintain UAS stability and control. The UAS is also able to respond to a

loss of global positioning system (GPS) or a lost­link event with a pre­coordinated, predictable, automated flight

maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level of

safety compared to a manned aircraft performing a similar operation."
11

Lastly, UAS do not need a means to communicate with other aircraft or ATC, because those

capabilities will be possessed by the PIC observer who are not onboard the UAS. In addition, no

6

sense­and avoid technology is necessary for the UASs because they will be operated at all times

in VFR condition and within VLOS of the PIC and Operator.

7

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

Requirements

LiDAR Drone Services, LLC 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 light­sport 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," "light­sport, "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 (N­Number) markings in

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

8

Equivalent Level of Safety

6 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA­2014­0352 at pg. 13).

7

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

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

8 FAA Docket No. FAA­2014­0352.
12

All UA flown by petitioner will bear N­number markings that are as large as practicable in

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

9

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

Inspections

LiDAR Drone Services, LLC 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 "shall have the

aircraft inspected as prescribed in subpart E of this part and shall between required inspection,

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 Manual and any required manufacturer Safety

or Service Bulletins. Further, as required by LiDAR Drone Services, LLC Operations Manuals,

the PIC will conduct a pre­flight 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 flight­critical components. As required by petitioner’s

Operations Manuals, the PIC who conducts the functional test flight will make an entry in the

UAS aircraft records of the flight.

Petitioner’s Operations Manual 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), ground control station, hazard accessories, and spare

parts. Further, petitioner’s Operations Manuals also includes procedures to document and

maintain a record of the UAS maintenance, preventative maintenance, alterations, status of

9 See e.g., FAA Docket No. FAA­2014­0352, at 14.
13

replacement /overhaul component parts, and the total time in service of the UAS used under this

Grant of Exemption. As a whole, the maintenance and inspection procedures required in

petitioner’s Operations Manuals ensure that an equivalent or higher level of safety will be

achieved.

PILOT­IN­COMMAND OF THE UAS

D. 14 C.F.R. Part 61, ​§ ​61.3, ​§ ​61.113: Private Pilot Privileges and Limitations

LiDAR Drone Services, LLC 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 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 Aerial the FAA determined that the unique

10

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.

Equivalent Level of Safety

The restrictions LiDAR Drone Services, LLC has placed on its UAS operations meet or exceed

the restrictions similarly imposed on Astraeus Aerial. Petitioner will operate on private property

away from persons and property not involved in the operation. Petitioner will also obtain an

ATO issued COA prior to conducting any operations under this Grant of Exemption. All

operations will be conducted in accordance with airspace requirements in the ATO issued COA

including class of airspace, altitude level and potential transponder requirements. A NOTAM

will also be issued as required by the applicable COA.

In addition to these flight restrictions, Petitioner 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 the Operations

Manuals, pilots will have experience not only in UAS operations generally but have logged flight

10 Exemption No. 11062 (FAA Docket No. FAA­2014­0352).
14

time in the specific make and model used for the operations before they are permitted to

participate in commercial flights on behalf of petitioner. The pilot qualification, training, and

currency requirements in the Operations Manuals ensure that petitioner’s pilots are competent

and proficient in the UAS they are operating. Petitioner’s training and qualification requirements

are consistent with those contained in prior FAA Section 333 Grants of Exemption, and will

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

equivalent level of safety.

OPERATING PARAMETERS OF THE UAS

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

Although there will be no airworthiness certificate issued for the UAS, LiDAR Drone Services,

LLC 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.

Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with

Section V (A), supra.

F. 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):

(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):

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

(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
15

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 UASs, 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, AGC­220, 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

manual, registration certificate, and other required documents from the ground control station

from which he or she is operating the aircraft. As this FAA office of Chief Counsel Opinion

11

clarifies, the intent of the rule is to ensure the pilot has access to these key documents during

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has

access to the documents at the ground control station from which he or she is piloting the UAS.

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

LiDAR Drone Services, LLC 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 FAA­approved 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 FAA­approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the petitioner’s 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 the petitioner’s Operations Manuals,

including checklists covering Pre­Flight, Launch, Landing, and Post­Flight procedures. The PIC

will also be required to review weather, flight requirements, battery charge, landing and takeoff

distance, UA performance data, and contingency landing areas—before initiation of flight.

Petitioner’s Operations Manuals and the Manufacturer's Manual will be kept at the ground

control station and will be accessible to the PIC at all times while operating the UAS.

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. FAA­2014­0352 at 16­18.
16

Petitioner 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 LiDAR Drone Services, LLC 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 petitioner’s Operations Manuals, all

persons will be a safe distance away in the event that the UAS experiences any difficulties during

flight instruction. Moreover, as required by the petitioner’s Operations Manuals, all flight

training will be conducted in controlled and sterile environment. As a whole, the safety

procedures provided for in petitioner’s Operations Manuals ensure that the proposed UAS

operations provide an equivalent or higher level of safety than that provided by the flight

instruction regulations.

I. 14 C.F.R. ​§ ​91.119(c): Minimum Safe Altitudes

LiDAR Drone Services, LLC requests an exemption from the minimum safe altitude

requirements of 14 C.F.R § 91.119(c). Section 91.119 prescribes the minimum safe altitudes

12

under which aircraft may not operate, including 500 feet above the surface and away from any

person, vessel, vehicle, or structure in non­congested 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 100 feet above the highest

12 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing

without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS

operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary.

See e.g., Grant of Exemption No. 11157 to Slug wear, Inc., dba Like on a tree Aerial (FAA­2014­0534 at 15)
17

point on the structure, and within 50 feet horizontally of the structure. Additionally, due to 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 UAS, 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 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 100 feet

above the highest point on that structure and 50 feet horizontally of the structure.

As set forth in the 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 that person is in a position where he or she is shielded from the UAS and any

possible debris resulting from UAS failure. As required by the Operations Manuals, flights will

be terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position.

Further, UAS operations will occur at least 500 feet away from vehicles or structures unless 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). Adherence to these restrictions in petitioner’s

Operations Manuals will ensure operations can be conducted without compromising safety.

13

J. 14 C.F.R. ​§ ​91.121: Altimeter Settings

LiDAR Drone Services, LLC seeks an exemption from 14 C.F.R. § 91.121, which requires a

13 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA­2014­0481 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.”
18

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

14

time to the operator at a ground­based on­screen 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 UAS that petitioner intends to use for the proposed operations will meet all these operational

characteristics. Moreover, as required by petitioner’s Operations Manuals, the PIC will be

required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA

Section 333 Grants of Exemption, the UAS petitioner intends to use, and the safety mitigation

procedures contained in the Operations Manuals, 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.

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

LiDAR Drone Services LLC 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 30­minute battery reserve. An exemption

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

Equivalent Level of Safety

14

If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100

feet above the highest point on the structure.

15 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA­2014­0352 at 21).
19

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an

equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved

by prohibiting the PIC from beginning a DJI Phantom II, DJI S1000, DJI S900 flight unless

(considering wind and forecast weather conditions) there was enough power to fly to the first

intended point of landing and, assuming normal cruising speed, to fly after that for at least 10

minutes.

In reaching this conclusion, the FAA considered that the UAS batteries for the DJI S900

provided approximately 20 minutes of powered flight (with payload) and provided battery level

and battery time remaining in minutes and seconds to the PIC. The FAA also considered the

16

fact that the DJI S900 operating manual states: “start every flight with a fully charged battery in

the aerial vehicle”, and that in the event that the UAS should run low on power, the PIC will be

alerted and can land the DJI S900 as soon as possible. Like the VDOS Grant of Exemption,

petitioner use of the DJI S900, combined with the requirements of Petitioner's Operations

Manuals, ensure that an equivalent level of safety can be achieved.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA

determined that an equivalent level of safety to the fuel requirements for flight in VFR

conditions could be achieved by prohibiting the PIC from beginning a flight with the DJI

Phantom II, DJI S1000, DJI S900 unless (considering wind and forecast weather conditions),

there was enough power to fly at normal cruising speed to the intended landing point and land

the UA with 25% battery power remaining. Petitioner will adhere to this limitation for DJI S900

flights.

The DJI S900 includes a low battery warning system and the amount of battery reserve power

remaining is transmitted to the PIC via telemetric data feed, which downlinks from the UAS to a

ground­based­on­screen display. As required by petitioner’s Operations Manuals, the PIC will

17

promptly fly the UAS back to the home launch location or pre­determined abort location where

the UAS may safely land, while still maintaining a minimum of 25% reserve battery power.

Petitioner submits that the procedures requiring flights to be safely terminated once the batteries

fall below 25% capacity, combined with the requirement that flights only be conducted within a

secure, isolated area, using a UAS weighing less than 25 pounds, and within VLOS of 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.

16 Grant of Exemption No. 11112 to VDOS Global, LLC (FAA­2014­0382 at 10).

17 The DJI Phantom II, DJI S1000, DJI S900 ground control station displays, the UASs position, navigation route,

tail number, altitude, heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor

heading and orientation relative to the UAS.
20

VI. DRUG AND ALCOHOL PROGRAM

LiDAR Drone Services, LLC 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 LiDAR Drone Services, LLC 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 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 harm or serious injury to inspecting engineers. Traditional methods of inspecting

monitoring industrial and construction sites requires inspectors to climb towers or otherwise

perform elevated work, which exposes them to the risk of dangerous falls. Inspectors are often

exposed to hazardous chemicals, burns from steam or from hot equipment, and other mechanical

hazards associated with industrial sites and construction facilities. The use of small UAS can

eliminate these hazards and is ultimately a much safer method of performing these types of

inspections.

The use of small UAS also enhances safety and reduces risk because, unlike manned aircraft

weighing thousands of pounds, carrying crew in addition to flammable fuel, the UAS carry no

passengers or crew. Further, in the unlikely event of an accident, LiDAR Drone Services, LLC’s

small battery powered UASs presents significantly less danger to persons on the ground when

compared to operations by conventional manned aircraft. As Petitioner's UASs are battery

18

powered, the public will also benefit from a reduction in harmful emissions associated with

conventional aircraft performing in the same functions proposed herein. Lastly, as recognized by

the FAA in prior Section 333 Grants of Exemption to filmmakers, UASs provide an additional

18 See Grant of Exemption No. 11158 to Team 5, LLC (FAA­2014­0783 at 12):

"Manned helicopters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard

pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will weigh less than 55 pounds

with no onboard pilot or crew. The pilot and crew will be remotely located from the aircraft. The limited weight

significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event

of an incident or accident. The risk to an onboard pilot and crew during an incident or accident is eliminated with the

use of a UA for the aerial filming operation."
21

tool for the aerial filming industry, adding a greater degree of flexibility, which supplements the

current capabilities offered by manned aircraft.

19

VIII. PRIVACY

All LiDAR Drone Services, LLC’s UAS operations will be conducted in accordance with

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

private or controlled­access 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:

Part 21, Subpart H; 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(c); 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 film work and aerial

inspection and environmental monitoring of industrial sites, transmission and storage facilities,

construction facilities and precision aerial surveys with conventional fixed­wing aircraft,

rotorcraft, or other methods.

X. CONCLUSION

LiDAR Drone Services, LLC 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 LiDAR Drone Services, LLC to use small UAS for the purpose of conducting

19 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA­2014­0794 at 18).