Pinnacl X Section 333 Exemption Request

Pinnacl X Page 1

September 1, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Under Section333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 CFR 

Part 11, Pinnacl X, LLC ("Petitioner"), a Connecticut based multicopter manufacturing and utility aerial 

service company that performs structural inspection, hereby seeks an additional exception, from the 

Federal Aviation Regulations ("FARS") to allow commercial operation of small unmanned aerial systems 

("sUAS") so long as such operations are conducted within and under conditions outlined herein or as 

may be established by the FAA as required by Section 3331. The additional exemption is for using 

multirotor aircraft for filming for movies and TV footage. The exemption is in accordance with protocols 

outlined in this petition for exemption, protocols defined in the following proprietary and confidential 

documents:

 Exhibit A: Pinnacl X Multirotor Design Safety Improvement 

 Exhibit B: Chameleon Operating Procedures 

 Exhibit C: Chameleon Maintenance Procedure

 Exhibit D: Pinnacl X Pilot and Observer Operating Procedures Multirotor

 Exhibit E: Pinnacl X UAS Training Program 

 Exhibit F: Pinnacl X Description of Aircraft Systems Multirotor

 Exhibit G: Lost Communication Procedure

 Exhibit H: Multirotor Flight Restrictions

 Exhibit I: Publication, Multirotor Unmanned Aircraft Systems (UAS) Advanced Design for High 

Tension Power Line Inspection, Presented by Alfred A. Gates at the 2015 AHS Specialist Meeting 

on Unmanned Rotorcraft and Network-Centric Operations Program, January 20-22, Chandler 

Arizona

 Exhibit J: Report, 115 KV Power Line Electromagnetic Interference Field Testing Engineering and 

Safety Study, by Alfred A. Gates, Department of Engineering CCSU, 4/16/2014

 Exhibit K: S1000 User’s Manual 

 Exhibit L: S1000 Operations Manual

 Exhibit M: S900 User’s Manual

 Exhibit N: S900 Operations Manual

For you convenience, this petition is organized as follows:

1 The conditions proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3

2 Petitioner submits Exhibits A-H, and J its Manuals as a Confidential documents under 14 CFR 11.35(b), 

as the Manuals contain confidential commercial and proprietary. The Manuals contain operating 

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

Freedom of information Act 5 U.S.C. 552 et. Seq.
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1. Petitioner's Description

Petitioner is supported by the Chameleon created by Pinnacl X. A small Unmanned Aircraft System 

(sUAS) that is light weight, four bladed multi-rotor, vertical takeoff and landing (VTOL) sUAS specifically 

designed for flight in confined areas with in close proximity of high tension power lines and structures.

The Chameleon has been used to inspect high tension power lines and structures under FAA COA 2015-

0667. The Chameleon was designed based on the research conducted by Dr. Alfred Gates from Central 

Connecticut State University involving structural inspection of high tension power lines, see exhibit I and

J. Also employees of Pinnacl X and Dr. Gates have been involved with sUAS research, fixed wing and 

multicopters since 2006. The DJI S1000 and S900 have a proven track record with commercial operators 

around the world as a reliable filming platform for DLSR camera systems. The DJI S1000 and DJI S900 will 

be referred to as S1000 and S900.

To further enhance its aviation safety competence, the petitioner engaged AirOcean to provide 

additional guidance involving High tension power line and structural inspection using helicopters. 

AirOcean and Pinnacl X developed the safety check list, maintenance program and flight operations 

manuals in Exhibits A-E. AirOcean is a fixed based operator at Yalesville heliport. AirOcean routinely 

perform high tension power line inspection for the utility industry in New England. Additionally AirOcean 

performs a variety of commercial operations that include filming and photography. 

The petitioner intends the sUAS Pilot in Command (PIC) to have a private pilot’s license, have passed the 

Pinnacl X sUAS course and to be current with the Chameleon and or the S1000 and S900, in addition to 

the FAA requirements for the location of flight operations. The petitioner also intends the Visual 

Observer (VO) to have received instruction on flight operations with the Chameleon, S1000 and S900. 

Both the PIC and VO will hold a current Class II medical certificate. 

Consistent with the requirements of 14 CFR 11.81(a), petitioner provides the following information in 

support of its petition for exemption:

The name and address of the petitioner is:

Alfred Gates, Ph.D., P.E., 

Pinnacl X, LLC

16 West Cove Rd. 

Moodus CT, 06469

kswiftgates@aol.com

860 301-2117

Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act. In the Reform Act, Congress directed the FAA "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace 

system" and, under Section 333 of that law, directed the Secretary of Transportation ("FAA 

Administrator") to consider whether certain unmanned aircraft systems may operate safely in 

the National Airspace System ("NAS") before completion of the rulemaking required under 

Section 332 of the Reform Act.
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In making this determination, the Secretary shall determine, at a minimum:

which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, and 

operational capability, proximity to airports 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 threat to national security; and

whether a certificate of waiver, certificate of authorization, or airworthiness certification under 

section 44704 of title 49, United States Code is required for the operation of unmanned 

aircraft systems identified under paragraph (1).

If the Secretary determines that such vehicles "may operate safely in the National Airspace 

System, the Secretary shall establish requirements for the safe operation of such aircraft in the 

National Airspace System" (Emphasis added).1

In addition, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator decides a requested exemption is 

in the public interest. See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from a 

requirement of regulations prescribed pursuant to section 44701(a)-(b) and sections 44702-

44716). 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 CFR § 11.81; FAA, Petition 

for Exemptions.

Pinnacl X will solely utilize the Chameleon, S1000 and S900 aircraft with a maximum takeoff 

weight well below the upper limit of 54 or fewer lbs. including payload. This aircraft will 

operate, under normal conditions at a speed of no more than 23 Knots Indicated Air Speed 

(KIAS) and have the capability to hover, and move in the vertical and horizontal plane 

simultaneously. It will operate only in line of sight of the PIC and VO and will operate only 

within the sterile area approved by the FAA. The sterile area confines the aircraft to airspace 

that is not currently navigable by manned aircraft per 14 CFR 91.119. Such operations will 

insure that the sUAS will “not create a hazard to users of the NAS or the public.”4

Given the small size of the Chameleon, S1000 and S900 the restricted sterile environment 

within which it will operate, the petitioner falls squarely within the 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 restricted areas in which the relevant Chameleon, S1000 and S900 sUAS will 

operate, approval of the application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations and the significant public benefit of dramatically increased safety of 

aviation versus non-aviation inspection services associated with allowing sUAS technology to 

support Pinnacl X operations, the grant of the requested exemptions is in the public interest. 

 

1

Section 333 places the duty on the Administrator, inter alia, to craft conditions for the safe operation of the UAS,

if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.
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Accordingly, the petitioner respectfully requests that the FAA grant the requested exemption 

without delay.

Qualification for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under 

Section 333 of the Reform Act. Each of the statutory criterial and other potentially relevant 

factors are satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS under 

controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) strictly controlled as 

to access, and; (4) would provide an increased level of safety beyond that existing when 

Pinnacl X personnel are used to accomplish the same purpose.

Petitioner's sUAS is a multi-rotor, vertical takeoff and landing (VTOL) aircraft, weighing less

than 54 pounds including payload specifically designed for safety and maximum ease of 

operation. It operates, under normal conditions, at a speed of no more than 23 KIAS and has 

the capability to hover, and move in the vertical and horizontal plane simultaneously.

Petitioner's Chameleon, S1000 and S900 sUAS will operate in line-of-sight of the PIC and VO

and will operate only within a sterile area surrounding objects that are current obstructions to 

navigable airspace for manned aircraft. Such operations will ensure that the Chameleon, 

S1000 and S900 sUAS will "not create a hazard to users of the National Airspace System or the 

public."

Given the small size of the sUAS involved and the restricted sterile flight operation 

environment, this petition for exemption falls squarely within the zone of safety i.e., 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 restricted areas in which the sUAS will operate, approval of the application 

presents no national security issue.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with allowing UASs for the 

proposed operations, the grant of the requested exemptions is also in the public interest.

Accordingly, Petitioner respectfully requests that the FAA grant the requested exemption 

without delay.

Description of Proposed Operations

The Exhibit B, L and T Standard Operating Procedures (SOP) describes the policies and 

procedures for Petitioner's proposed Chameleon, S1000 and S900 sUAS operations. To assist 

the FAA in its safety assessment of Petitioner's proposed Chameleon, S1000 and S900 sUAS 

operations, below is a summary of operational limitations and conditions which will ensure an 

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

The Chameleon sUAS weight is less than 4 lbs.

The S1000 weight is less than 24 Lbs.

The S900 weight is less than 24 Lbs.

Flights will be operated within line-of-sight of the PIC and VO.

Maximum total flight time for each operational flight will be 20 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 20 minute limit.

Flights will be operated at an altitude of no more than 200 feet above ground level ("AGL") or 

as specified by the FAA COA for the operating location.

Minimum crew for each operation will consist of the multirotor sUAS PIC and VO.

The PIC will, meet all FAA requirements, which could be an FAA licensed airman with a private 

pilot's certificate or UAS certificate (when the FAA issues the criteria and procedures for a UAS 

license) and a second class medical certificate. The required PIC qualifications will vary 

depending on the location of flight operations. Also the PIC must have passed the written and 

flight exams required by Pinnacl X.

The multirotor sUAS pilot will be the PIC. If a pilot certificate holder other than the multirotor

sUAS Pilot is present and possesses the necessary PIC qualifications, that person can also be 

designated as PIC.

The multirotor sUAS will only operate within a confined by geo-fence to a sterile area 

surrounding the structure and under 200’ AGL or altitude defined in the COA for the location of 

flight. In addition the multirotor sUAS will also be programed to automatically switch modes 

from GPS position hold to altitude hold in the event of a GPS signal loss or signal reduction

since a geo-fence will also fail in the event of a GPS signal loss.

A pre-flight briefing, in accordance with the SOP (Exhibit B proprietary and confidential 

material) will be conducted in regard to the planned multirotor sUAS operations prior to each 

flight mission. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the safety perimeter be present for the flight briefing.

Notification of flight operations to the FAA will be consistent with the Certificate of 

Authorization (COA) requirements. Petitioner will file a NOTAM 72 to 48 hours prior to the 

flight operations. Petitioner will notify the airspace controlling authority and or airport 

management at non-towered airports prior to operating within 5 miles of an airport.

The PIC and VO have ultimate authority of any fight operation and can cancel as needed.

The PIC and VO will be trained in operation of Chameleon, S1000 and S900 sUAS and will have 

received up-to-date maintenance and flight log information on the particular Chameleon, 

S1000 and S900 sUAS to be operated, as required in Section 3 of the Pinnacl X SOP.
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The PIC and VO will at all times be able to communicate by voice.

Written and/or oral permission from the relevant property holders will be obtained.

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

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

agencies.

If the multirotor sUAS loses communications or loses its GPS signal, the multirotor sUAS is 

equipped with advanced safety features that will allow the multirotor sUAS to switch modes to 

an altitude hold mode, thereby avoiding a flyaway situation.

The multirotor PIC sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

Petitioner Requests Exemption From the Following Regulations

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

terms, this statutory authority includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, including sUAS, from its safety regulations and minimum standards when 

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

Petitioner seeks an exemption from several interrelated provisions of 14 CFR Parts 21, 45 and 

91 for purposes of conducting aerial surveys and inspections using sUAS. Listed below are: (1) 

the specific sections of 14 CFR for which exemption is sought; and (2) the operating procedures 

and safeguards that Petitioner has established which will ensure a level of safety equal to or 

better than the rules from which exemption is sought. 

Petitioner acknowledges that some of the below cited requests were addressed in FAA Order 

11062 (Grant of Exemption to Astraeus Aerial, Docket FAA-2014- 0352) and for which no action 

was taken by the FAA. The FAA’s analysis did, however, recite the petitioner’s information as 

the basis for the no action; this Petition recites all of the previous sections for which 

exemptions were requested therein.

14 C. F.R. Part 21, Subpart H -Airworthiness Certificates & 14 C. F.R. § 91.203(a) (1).

This petition seeks an exemption from 14 CFR Part 21, Subpart H, which establishes the 

procedural requirements for the issuance of airworthiness certificates as required by 14 CFR 

§91.203(a)(1). Given the size, weight, speed and limited, obstructed and unpopulated 

operating area associated with the Chameleon S1000 and S900 sUAS to be utilized by the 

Petitioner, 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.
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The multirotors sUAS to be operated here under is less than 54 pounds fully loaded, carries 

neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a sterile area adjacent to structures that are considered 

obstructions to manned aircraft. Unlike other civil aircraft, aircraft operations will be tightly 

controlled and monitored by the PIC and VO pursuant to the Pinnacl X SOP requirements and 

in compliance with local public safety requirements. Site security for the area of operation is 

consistent with existing requirements for maintaining public safety. The operation has been 

reviewed by a panel of subject matter experts to identify risks and safety requirements to 

mitigate those risks per Exhibit A Pinnacl X Chameleon design improvements, Exhibit K S1000 

Users Manual and Exhibit S S900 Users Manual for filming for movies and TV. 

Equivalent Level of Safety

In all cases, an analysis of these criteria demonstrates that the Chameleon S1000 and S900 

sUAS 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 rotorcraft 

operating with an airworthiness certificate issued under 14 CFR Part 21, Subpart H. without the 

restrictions and conditions of the proposed Chameleon and S1000 and S900 sUAS operations. 

The same criteria demonstrate that there is no credible threat to national security posed by 

the Chameleon S1000 and S900, 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 C. F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft.

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the Petitioner's Chameleon S1000 and S900 sUAS would 

otherwise require certification under Part 27, as a rotorcraft, Petitioner requests an exemption 

from Part 27's airworthiness standards for the same reasons identified in the exemption 

request from item A. 14 CFR Part 21, Subpart H.

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

This petition seeks an exemption from the aircraft marking and identification requirements of 

14 CFR §§ 91.9(c), 45.23(b) and 45.27(a).

14 CFR § 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 CFR § 45.23(b), Markings of the Aircraft, states:

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

on limited, restricted or light-sport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on that aircraft near each entrance to the 

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the 

words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.
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14 CFR § 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.

Exemption from § 45.23(b) is warranted because the Chameleon, S1000 and S900 sUAS has no 

cabin, cockpit, or pilot station or entrance of any kind on which the word "Experimental" can 

be placed. Moreover, given the size of the Chameleon, S1000 and S900 sUAS, two-inch 

lettering would be impossible. The word "Experimental" will be placed on the fuselage in 

compliance with § 45.29(f).

Given the nature of the specific relief sought by this exemption request, Petitioner requires 

relief from the associated marking and identification requirements of § 45.27(a) and § 91.9(c), 

which would require compliance with § 45.23(b).

Equivalent Level of Safety

An equivalent level of safety for exemptions to the aircraft marking and identification 

requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the sUAS marked 

on its fuselage as required by §45.29(f) where the PIC, VO, and others working with the sUAS 

will see the identification of the UAS as "Experimental." Additionally, Petitioner will ensure 

compliance with any requests of sUAS marking by the FAA.

The FAA has issued the following exemptions to the aircraft marking requirements of § 

45.23(b): Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C. F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

This petition seeks an exemption from the private pilot privileges and limitations of §61.113 (a) 

& (b), which states:

Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a 

private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for compensation or hire, act as pilot 

in command of an aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. Private Pilot 

Privileges and Limitations: Pilot in Command.

Except as provided in paragraphs (b) through (h) of this section, no person who holds a private 
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pilot certificate may act as pilot in command of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for compensation or hire, act as pilot 

in command of an aircraft.

A private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if:

The flight is only incidental to that business or employment; and the aircraft does not carry 

passengers or property for compensation or hire. Section 61.113(a) limits private pilots to 

being in command of non-commercial flights. Section 61.113(b) (1) provides an exception that 

allows a private pilot to command an aircraft without passengers or property, in connection 

with business or employment if “the flight is only incidental to that business or employment." 

That exception likely does not apply to the proposed operations under this petition for 

exemption, as the flights are not incidental to the proposed aerial surveys and inspections but 

rather essential to it. Accordingly, this petition seeks an exemption to § 61.113(a)'s commercial 

limitation and/or § 61.113(b) (1)'s requirement that the flight be incidental to the business to 

benefit from the exception.

Equivalent Level of Safety

As required by the SOP (Exhibit B), Petitioner's Chameleon or S1000 or S900 sUAS operators 

acting as PIC will hold a private pilot license or UAS pilot certificate (when the FAA issues the 

regulations for applying for a UAS pilot certificate) and flight training specific to flight around 

high tension power lines, structures and filming developed by Pinnacl X . Because the 

Chameleon or S1000 or S900 sUAS will not carry a pilot or passengers, the proposed operations 

can achieve the equivalent level of safety to § 61.113 (a) and (b), by requiring the PIC operating 

the sUAS to have a private pilot license or UAS certificate and flight training specific to the 

Chameleon, S1000 or S900.

Unlike a conventional aircraft that carries the pilot and passengers, the Chameleon and the 

S1000, S900 sUAS is remotely controlled with no living being on board. Moreover, the area of 

operation is controlled and restricted, and all flights are planned and coordinated in advance as 

set forth in the Pinnacl X SOP.

The level of safety provided by the requirements included in the Pinnacl X SOP exceeds that 

provided by a single individual holding a commercial pilot's certificate operating a conventional 

aircraft in accordance with § 61.113 (a) & (b). The risks associated with the operation of small, 

lightweight UAS in an airspace adjacent to obstructions are diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, that allowing 

the proposed operations in this petition for exemption with a PIC holding a private pilot license 

or UAS pilot certificate exceeds the present level of safety achieved by §61.113 (a) & (b).

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

This petition seeks an exemption from 14 CFR § 91.7(a), which requires that a civil aircraft be in 

an airworthy condition to be operated. In as much there will be no airworthiness certificate 

issued for the sUAS, should this exemption be granted, no FAA regulatory standard will exist 

for determining airworthiness.
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Equivalent Level of Safety

The Chameleon sUAS has been developed from the experimentation and flight testing within 

close proximity of energized high tension power lines, performed by Alfred A. Gates. His 

research was recently presented at the prestigiously 2015 International American Helicopter 

Society Specialist Meeting on Unmanned Rotorcraft and Network-Centric Operations Program, 

exhibit I. The flight testing included over 100 test flight under Central Connecticut State 

Universities COAs. Given the size of the sUAS, the requirements contained in the Exhibit B 

Chameleon Operating Procedure (SOP), Exhibit C Chameleon Maintenance Procedure, the 

training requirements of the PIC and VO and use of safety checklists prior to each flight, an 

equivalent level of safety will be provided. Equivalent operating and maintenance procedures 

will be used for the S1000 and S900, Exhibits K, L, S and T.

The FAA has issued the following exemptions to this regulation: Exemption Order 11062.

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

This petition seeks an exemption from the flight manual requirements of 14 CFR § 91.9(b) (2), 

which states:

(b) 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.

Given its size, configuration, and load capacity, the Chameleon, S1000 or S900 sUAS has no 

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

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

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by maintaining 

the Exhibit C Chameleon Maintenance Procedures or Exhibit K S1000 Users Manual or Exhibit S 

S900 Users Manual, at the ground control point where the pilot flying the Chameleon, S1000 

and S900, sUAS will have immediate access to it. Accordingly, Petitioner requests an exemption 

from § 91.9(b) (2)'s flight manual requirements, on the condition that the Chameleon, S1000 

and S900 sUAS flight manual be available at the control point during each operation.

The FAA has issued the following exemptions to this regulation: Exemption Order 11062.

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

This petition seeks an exemption from § 91.103, which requires a PIC to become familiar with 

specific information before each flight, including information contained in the FAA -approved 
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Flight Manual on board the aircraft. In as much as an FAA approved flight manual will not be 

provided for the sUAS, an exemption will be needed.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Exhibits Chameleon Manual, 

S1000 and S900 manual comprehensive preflight checklist and Exhibit B, L and T Pilot and 

Observer Multirotor Operating Procedure. The PIC will take all actions, including reviewing 

weather and NOTAMs, flight battery requirements, landing and takeoff distances, and aircraft 

performance data, before initiation of flight.

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

This petition seeks an exemption from 14 CFR § 91.109(a), which 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...

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

Instead, flight control is accomplished through the use of a control box that communicates 

with the sUAS via radio communications.

Equivalent Level of Safety

Given the size and speed of the Chameleon, S1000 and S900 sUAS, an equivalent level of safe 

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

the Chameleon, S1000 and S900 sUAS. The system is equipped with an automatic return to

home feature that can be triggered at any time to respond to unpredicted challenges and all 

persons will be a safe distance away should the Chameleon or S1000 or S900 sUAS experience 

any difficulties during flight instruction. Additionally, the aircraft’s light weight and slow 

speeds with no pilot or passengers on board create less of a danger to the public than aircraft 

equipped with dual controls.

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) and other sUASs (See FAA Order 11062). 

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

This petition seeks an exemption from the minimum safe altitude requirements of 14 CFR § 

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

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

structure in non-congested areas. See 14 CFR § 91.119(c). Section § 91.119(d) (1) 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."
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To provide the intended inspections, the Chameleon, S1000 and S900 sUAS will normally need 

to be operated within a range of 100 feet laterally from the structure being inspected and 

under 400’ AGL. Accordingly, due to the nature of the proposed operations, the PIC and the VO

will be less than 300 feet away from structures or filming areas during the operation, and an 

exemption is therefore required.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighting far more than the maximum 24 lbs. 

proposed herein, and the lack of flammable fuel, any risk associated with these operations is 

far less than those presently presented with conventional aircraft. An equivalent level of safety 

will be achieved given the size, weight, speed of the UAS as well as the location where it is 

operated. As set forth in the Exhibit B Pinnacl X SOP, the Chameleon, S1000 and S900 sUAS will 

be operated in a geo-fenced sterile area, where buildings and people will not be exposed to 

operations without their pre-obtained consent. No flight will be taken without the permission 

of the property owner and/or local officials. Because of the advance notice to the property 

owner and participants, all affected individuals will be aware of the planned flight operations 

as set forth in the SOP. Furthermore, by operating at such lower altitudes adjacent to 

obstructions, the Chameleon, S1000 or S900 sUAS will not interfere with other aircraft that are 

subject to the minimum safe altitude regulations.

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

This petition seeks an exemption from 14 CFR § 91.121, which requires a person operating an 

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

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

the Chameleon, S1000 and S900 sUAS does not have a barometric altimeter, but rather a GPS 

altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in the 

General Preflight Checklist in Exhibit B Pinnacl X SOP. As prescribed in the SOP, the operator 

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

The flight plan will be programmed to maintain appropriate altitude above ground and under 

200’ AGL or as specified with in the COA for the location. Moreover, the PIC will use the GPS 

altitude indicator to constantly monitor the Chameleon, S1000 and S900 sUAS’s height, thus 

ensuring operation at safe altitudes.

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

This petition seeks an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR 

conditions. Section 91.151 states:

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 speedDuring the day, to fly after that for at least 30 minutes; or
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At night, to fly after that for at least 45 minutes.

The battery powering the Chameleon, S1000 and S900 sUAS provides approximately 20

minutes of powered flight. An exemption from the 20 minute reserve requirement in 14 CFR 

§91.151 is therefore required.

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights to 20 minutes or 25% of battery 

power, whichever happens first. This restriction would be more than adequate to return the 

Chameleon, S1000 and S900 sUAS to its launch location from anywhere within its limited 

operating area. Operation of the Chameleon, S1000 or S900 sUAS with less than 20 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 Chameleon, S1000 or S900. Moreover, operation will 

be limited to controlled areas where only people and property owners, or official 

representatives who have signed waivers will be allowed.

This request for exemption falls within the scope of prior exemptions. See e.g. Exemption 

Order 11062 

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

This petition seeks an exemption from civil aircraft certification and registration requirements 

of 14 CFR § 91.203 (a) and (b). The regulation provides in pertinent part:

Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the 

following:

An appropriate and current airworthiness certificate....

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.

In addition to the fact that Petitioner is seeking an exemption from the airworthiness 

certificate requirements, an exemption to this regulation is necessary because: 

The Chameleon or S1000 or S900 load capacity and size does not allow it to carry 

certification and registration documents; 

The Chameleon or S1000 or S900 does not have a cabin or cockpit entrance at which the 

documents could be displayed; and

There are no passengers or crew for whom the certificates need be displayed.

Equivalent Level of Safety

An equivalent level of safety will be achieved by keeping these documents, to the extent they 

are applicable to the Chameleon, S1000 and S900 sUAS, at the ground control point where the 
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Pinnacl X Page 14

pilot flying the Chameleon, S1000 and S900 sUAS will have immediate access to them.

The FAA has issued numerous exemptions to this regulation. See, inter alia, Exemption Order 

11062 

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

Inspections.

This petition seeks an exemption from the maintenance inspection requirements of 14 CFR §§ 

91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417 (a) & (b). Which state:

These regulations specify maintenance and inspection standards in reference to 14 CFR Part 

43. See, e.g., 14 CFR § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall 

have that aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections . . . have discrepancies repaired as prescribed in part 43 of this chapter"). An 

exemption to these regulations is needed because Part 43 and these sections apply only to 

aircraft with an airworthiness certificate, which the Chameleon, S1000 and S900 sUAS 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 Exhibit C Chameleon Manual, Exhibit K and S for S1000 and 

S900. The operator will ensure that the Chameleon S1000 and S900 sUAS is in working order 

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

performed. The operator is most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety.

If mechanical issues arise, the Chameleon, S1000 and S900 sUAS can land immediately.

Moreover, the Chameleon S1000 and S900 sUAS small size, carrying capacity, and the fact that 

flight operations will only take place in restricted areas for limited periods of time, create less 

risk than the same factors associated with conventional fixed-wing aircraft and rotorcraft 

performing the same operation.

Public Interest

Consistent with the requirements of 14 CFR §11.81(d), Petitioner offers the following reasons 

why granting this petition for exemption is in the public interest, i.e., how granting it would 

benefit the public as a whole.

Approval of exemptions allowing commercial operations of small and lightweight sUAS in the 

utility aerial services industry benefits the public as a whole in the following ways:

It helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act, namely, 

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

Airspace System before completion of the rulemaking required under Section 332 of the 

Reform Act.
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The operation significantly improves safety and reduces risk by alleviating human exposure to 

danger associated with current manned aerial filming methods, namely, hovering helicopter

filming flight in confined areas and around personal. The public's interest is furthered by 

reducing human exposure to death or serious injury associated with high risk helicopter flight 

in confined areas. In addition the use sUAS for filming has a minimal impact on the 

environment. 

Petitioner's Chameleon, S1000 and S900 sUAS are battery powered and creates no emissions. 

If Petitioner's Chameleon, S1000 and S900 sUAS crashes, there is no fuel to ignite and explode. 

Any impact of Petitioner's lightweight Chameleon S1000 and S900 sUAS is, obviously, far less 

than potentially harmful emissions associated with helicopters video cranes and lift 

equipment. The public's interest is furthered by minimizing ecological impact of an accident 

and by reducing human exposure to emissions.

Privacy

All flights will occur over Petitioner's property or the customer's property with the customer's 

prior consent and knowledge.

Federal Register Summary

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:

Pinnacl X, LLC seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR § 91.203(a)(1);14 CFR Part 27: 14 CFR §§ 91.9(c), 45.23(b) 

and 45.27(a);14 CFR § 61.113 (a) & (b);14 CFR § 91.7(a); 91.9(b)(2); 91.103; 91.109(a); 91.119; 

91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b)

Approval of exemptions allowing commercial operations of small and lightweight unmanned 

aircraft ("sUAS") in the filming for TV and movie industry will enhance safety by reducing risk to 

human life. Conventional operations in this industry using helicopters present the risks 

associated with unknown hazards that often lead to accidents, incidents and fatalities.

In contrast, the Chameleon, S1000 and S900 sUAS weighing fewer than 24Lbs, and powered by 

batteries eliminates virtually all of that risk, given the reduced mass and lack of combustible 

fuel carried on board. The Chameleon S1000 and S900 sUAS is transported, not flown, to the 

designated filming area and set up. The Chameleon S1000 and S900 sUAS carries no 

passengers or crew and provides the filming services eliminating the requirement for 

personnel to use helicopters, eliminating the risks associated with unknown hazards.

The operation of sUASs like the Chameleon, S1000 and S900, weighing less than 24 lbs,

provides an equivalent level of safety and thus supports the grant of the exemptions requested 

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

commercial operations. The lightweight sUASs operate at slow speeds, close to the ground, 

and in a sterile environment adjacent to obstructions. As a result, they are far safer than 

conventional filming operations for movies and TV with fixed-wing aircraft or helicopters.
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Conclusion

The Chameleon, S1000 and S900 as a result of its size, weight, speed, operational capability, 

distance from airports and populated areas and operation within a contained area adjacent to 

obstacles within visual line of sight do not create a hazard to users of the national airspace 

system or pose a threat to national security. Adequate justification exists for the grant of the 

requested exemptions allowing commercial operation of Pinnacl X LLC’s Chameleon, S1000 and 

S900 sUAS in the filming industry and telecommunication and in accordance with Exhibit A, B, 

C, D, E, F, G, H, I, J, K, L, M and N appended hereto.

If additional information is required, or if you have any questions regarding this Petition for 

Exemption, please contact Alfred A. Gates at Pinnacl X (860 301-2117; kswiftgates@aol.com) 

for technical questions for any legal issues.

Pinnacl X, LLC. Exemption Request

Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Exhibits A, B, C, D, K, L, S, T

Confidential commercial and proprietary information protected under 14 CFR § 11.35(b) and 

are protected from release under the Freedom of information Act 5 U.S.C. § 552 et.seq.

The information contained in this exhibit has been submitted in the physical copies which 

mailed to the FAA Office of Rulemaking (ARM). If more copies are needed by FAA, requests 

made to Alfred A. Gates will be honored.

Respectfully Submitted,

Alfred A. Gates, Ph.D., P.E. Kathy Swift

Pinnacl X President & CEO

Pinnacl X