### From: Accurate Home Inspections Inc

4423 Secret Ln Sumerduck VA 22742 DBA Aerial Inspections Inc. Frederick Reid President

To: U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590

RE: Exemption Request

- Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & 

### (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & 

### (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (1) & 

### (2); 91.417 (a) & 

### (b).

Dear Sir or Madam:

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012, Pub. L. 

### No. 112

- 95,126 Stat. 11 (amending 49 U.S.C.) (hereinafter, the "Reform Act") and 14 C.F.R. Part 11,Aerial Inspections Inc, operator of small unmanned aircraft s ys tems (singularl y a"sUAS" or cumulatively

"sUASs") equipped to conduct professional aerial photography andinspection services, hereb y applies for an exemption from the listed Fede ral Aviation Regulations ("FARs") to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by

the FAA as required by

Section 333 ofthe Reform Act.

**This ap plication has been formatted to be wholly similar to previously approved**  **applications** . As described more full y below, the requested exemption would permit the operation of small, unmanned sUAS under controlled conditions in airspace that (i) is limited, (i i) is predetermined, (iii) is controlled as to access, and (iv) would provide safety enhancements to the already s afe operations in the aerial photography and inspection industry

presentl y using conventional aircraft. Approval of this exemption would thereby enhance safet y and fulfill the Secretary of Transportation's responsibilities to " ... establish requirements for the safe operation of such aircraft s ys tems in the national airspace s ystem." Reform Act§ 

### 333 (c).

The contact info for the applicant is a s follows: Accurate Home Inspections Inc. DBA Aerial Inspections Inc Frederick P Reid President 4423 Secret Ln Sumerduck, VA 22742 703

- 328

- 5710 or 800

- 739

- 9919 inspectedbyfred@gmail.com

The Applicant hereby requests exemption from the following F ARs: 14 CPR Part 2114 C.P.R. 45.23(b)

14 CPR 61.113 (a) & (b) 14 C.P.R. 91.7 (a) 14 CPR 91.9 (b) (2) 14 C.P.R. 91.103 14 C.P.R. 91.109 14 C.F. R. 91.119 14 C.P.R. 91.121 14 CPR 91.151 (a) 14 CPR 91.203 (a) & (b) 14 CPR 91.405 (a) 14 CPR 407 (a) (1) 14 CPR 409 (a) (1) & (2) 14 CPR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft sy stems ("UAS") may operate safely

in the national airspace sy stem ("NAS") before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary of Transportation is required to determine whic h ty pes of unmanned aircraft systems do not create a hazard to users of the NAS or the public or pose a threat to national security in light of (i) the UAS's size, weight, speed, and operational capability , (ii) operation of the UAS in close proximity to a irports and populated areas, and (iii) operation of the UAS within visual line of sight of the operator. 

### Id. § 333 (b) (1). Lastly, if the Secretary of Transportation determines that such vehicles "may operate safely in the national airspace sy stem, the Se cretary of Transportation shall establish requirements for the safe operation of such aircraft in the national airspace system." 

### !d. § 333 (c) (underline added). 1 The Federal Aviation Act, 49 U.S.C. (the "Act") expressly grants the FAA the authority to is sue exemptions. This statutory authority by its terms includes exempting "civil aircraft," as the term is defined under §40102 of the Act that includes sUASs from the requirement that all civil aircraft must have a current airworthiness certificate.

1 The Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under Section 333 of the Reform Act, but for the Administrator to craft conditions for the safe operation of the U AS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.
The FAA Administrator may grant an exemption from a requirement of a regulation prescribedunder the Act if the Administrator finds the exemption in the public interest. 49 U.S.C. § 44701 (f). See also 49 USC§ 44711 (a); 49 USC§ 44704; 14 CFR § 91.203 (a) ( 1). HCG's sUASs are rotorcraft, weighing 55 or fewer lbs. including payload. They will operate, under normal conditions, at a speed of no more than 50 knots. They will operate only in line of sight and will operate only within the airspace above property o wned, leased, or otherwise controlled by HCG or its customers with permission from said customers prior to any operation of sUAS as described in the Safety Checklist, attached as Exhibit A (hereinafter, the Safety Checklist")? Such operations will ensure that the sUASs will, "not cr eate a hazard to users of the national airspace system or the public." Reform Act§ 333 (b). Given the small size of the sUASs involved, the total flight time of the Applicant, and the proposed diligence for safety of people involved with the operation as w ell as any bystanders, theApplicant falls squarely within that zone of safety (an equivalent level of safety) in which

Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size o f the sUASs , 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 Act, as amended; the strong equivalent level of safety surrounding the proposed operat ions, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UAS for aerial photography and inspection operations as opposed to full scale aircraft, the grant of the requested exemption is in the public interest. Accordingly, the Applicant respectfully requests that the FAA grant the requested exemption without delay. The Applicant proposes that the exemption requested herein apply to civil aircraft that have t he characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a saf ety enhancement to the already safe aerial photography and inspection operations conducted with conventional aircraft.

These limitations and conditions to which AHI Inc agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1. Each sUAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of the PIC. 3. Maximum total flight time for each operational flight will be determinate on battery capacity . Current battery

technology

for the sUAS allow s for 18 minute operations for the standard battery and 22 minutes for the extended life battery. Should battery technology

increase operational flight times, flights will be terminated at 20% battery as such, the maximum flight time will continue to incre ase. However, in any event, all operational flights will be terminated at 20% of capacity remaining

2 Applicant submits this Safety Checklist as a confidential document under 14 C.F.R. 11.35 (b) as the entire safety checklist contains proprietary informat ion that the Applicant has not and will not share with others. The safety checklist contains 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.

. 4. Flights will be operated at an altitude of no more than 400 feet AGL unless prior approval from Air Traffic Control is authorized and a Notice to Airmen (NOTAM) is filed and published.

5. Minimum crew for each operation will consist of the sUAS pil ot and a visual observer.

6. The sUAS pilot will be an FAA licensed airman with at least a sport or recreational pilot's certificate and Class III airman medical certificate.

7. The sUAS pilot will be Pilot in Command 

### ("PIC"). If a pilot certificate holder other than the sUAS pilot, who possesses the necessary PIC qualifications, is also present during operations that person can also be designated as PIC.

8. The sUASs will only operate over property w ith permission from the re levant property holders and not over publicly occupied property as set forth in the Safety Checklist.9. A briefing between the sUAS pilot and observer will be conducted in regard to the

planned sUAS operations prior to each day's operations.

10. The App licant will file a FAA Form 7711

- 1, or its equivalent, as modified in light ofthe requested exemption, with the appropriate Flight Standards District Office 

### ("FSDO").

11. The Applicant will submit a written Plan of Activities to the FSDO three days before the proposed operations as required in Safety Checklist.

12. The sUAS pilot and observer will have been trained in operation of sUASs generally and received up

- to

- date information on the particular sUAS to be operated as required in Safety Checklist.

13 . The sUAS pilot and observer will at all times be able to communicate by voice and/or text.
14. Written and/or oral permission from the relevant property holders will be obtained.

15. 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.

16. If the sUASs lose communications or lose their GPS sign al, the sUASs will have capability to return to and land at a pre

- determined and pre

- programmed location.

17. The sUASs will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

**I.** 

### 14 C.F.R. Part 21, Subpart H: Airworth **iness Certificates 14 C.F.R. §91.203 (a) (1)**
Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR§ 91.203 (a) **(1).** 

### Given the size and limited operating ar ea associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart **H** 

### meets the requirements of an equivalent level of safety under Part **11** 

### and Section 333 of the Reform Act. Section 44701 (f) of the Act and Section 333 ofthe 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 sUAS. In all cases, an anal ys is of these criteria demonstrates that the sUASs operated without an airworthiness certificate, in the restricted environment and under the conditions proposed herein will be at least as safe, or safer, than a conventional aircraft (fixed w ing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUASs to be operated hereunder are less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Safety Checklist. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the Applicant pursuant to the

### Safety

Chec klist's requirements, and under the requirements and in compliance with local public safet y requirements, to provide security for the area of operation as is now done with conventional aerial photograph y and inspections. The FAA will have advance notice of all operations. These safet y enhancements provide a greater degree of safety t o the public and propert y owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly , application of these s ame criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial exter

nal load.

**II. 14 C.F.R. § 45.23 (b). Marking of the Aircraft** This regulation requires:

"When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally

certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- spo rt," "experimental," or "provisional," as applicable."

Even though the sUASs will have no airworthiness certificate, an exemption may be needed as the sUASs will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the sUASs, two

- inch lettering will be impossible. The word "Experimental" will be placed in a visible location on the sUASs.

The equivalent level of safety will be provided b y having each sUAS marked in the visible location where the sUAS pilot, observer and others working with the sUAS will see the identification of the UAS as "Experimental." The FAA has issued the following ex emptions to this regulation in Exemptions Nos. 10700, 8738, 10167 and 10167A.
In addition, the Applicant shall also ensure its sUASs are registered with the FAA and that thenationality

marks relating to such sUASs are marked on the sUASs in a visible mann er .
**III. 14 C.F.R. § 61.113** (a) & **(b): Private Pilot Privileges and Limitations: Pilot in Command** 
Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the sUASs will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PICs operating the sUASs to have a spor t or recreational pilot's license rather than a commercial pilot's license to operate this sUASs. Unlike a conventional aircraft that carries the pilot and passengers, the sUASs are remotelycontrolled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Safety Checklist. The level of safety provided by the requirements included in the Safety Checklist exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft.

The risks associated with the operation of the sUASs are so diminished from the level of riskassociated with commercial operations contemplated by Part 61 when drafted, that allowing

op erations of the sUASs as requested with a sport or recreational pilot as the PIC exceeds the present level of safety achieved by 14 C.F .R. §61.113 (a) & (b).

**IV. 14 C.F.R. §91.7(a): Civil aircraft airworthiness**
The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Safety Checklist for maintenance and use of the Safety Checklist prior to each flight, an equivalent level of safety will be provided.

**V. 14 C.F.R. §**  **91.9 (b) (2): Civil Aircraft Flight Manual in the Aircr af**  **t**
Section 91.9 (b) (2) provides: "No person may

operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof."

The sUASs, given their size and configuration have no ability or pla ce to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the sUASs.

The equivalent level of safety will be maintained by keeping the flight manual at t he ground control point to which the sUASs pilots flying the sUASs will have immediate access. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700

. **VI. 14 C.F.R. § 91.103: Preflight action**
This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA

- approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in the Safety Checklist. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

**VII. 14 C.F.R. § 91.109: Flight instruction**
Section 91.109 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.Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved ex emptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of theaircraft.

**VIII. 14 C.F.R. § 91.119: Minimum safe altitudes**
Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119( d) allows helicopters, p owered parachutes and weight

- shift

- control aircraft to be operated at less than the minimums prescribed because their low speed and responsive controls allow operations to be conducted, "without hazard to persons or property on the surface ... ".As sUAS po ssess similar flight and control characteristics, and as the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Safety Checklist, the sUASs will never operate at higher than 400 AGL. It will however be operated in a restricted area, where buildings and people will not be exposed to operations without their pre

- obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the sUASs as well as the locations where they are operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance not ice to the property owner, all affected individuals will be aware of the planned flight operations as set forth in the Safety Checklist. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein an d the lack of flammable fuel, any risk associated with these operations is far less than those presently

presented with conventional aircraft operating at or below 500 AGL in the aerial photography and inspection industry. In addition, the low

- altitudeoper ations of the sUASs will ensure separation between these sUAS operations and the operations of conventional aircraft that must comply

with Section 91.119.

**IX. 14 C.F.R. § 91.121 Altimeter Settings**
This regulation requires each person operating an aircraf t to maintain crmsmg altitude by reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the sUASs may not have a barometric altimeter, but instead a GPS alti tude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Safety Checklist, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

**X. 14 C.F.R. § 91.15 1 (a): Fuel Requirements for Flight in VFR Conditions** 
Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the firs t point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The current battery technology powering sUASs is much more limit ed than that of combustion powered flight. As such, the Applicant's sUASs can not presently and likely may never meet the reserve requirement in 14 CFR § 91.151. Given the limitations on the U AS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight VFR conditions is reasonable. As no night flight will occur, that portion is inapplicable. Applicant believes that an exemption from 14 CFR § 91.151 (a) falls within the scope o f prior exemptions. See Exemption 1 0673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the sUASs in a tightly controlled area where onlypeople and property owners or official representatives who have s igned waivers will be allowed, with less than 3 0 minutes of reserve fuel, does not engender the type of risks that Section 91.151 (a) was intended to alleviate given the size, speed and limited operating area of the sUASs. Applicant believes that an equiv alent level of safety can be achieved by limiting flights based on expected battery

life, currently

20 minutes, or 20% of battery power when future technology expands the battery

life. This restriction would be more than adequate to return the sUASs to the ir planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

**XI. 14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification an d**  **Registration**
The regulation provides in pertinent part: "(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: 

### ( 1) An appropriate and current airworthiness certificate ... (b) No person may

op erate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 

### 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." The sUASs fully

loaded weigh no more than 55 lbs. and are operated without an onboard pilot. As such, there is no ability or place to carry

certification and registration documents, or to display them on the sUASs. An equivalent level of safety will be ach ieved by keeping these documents at the ground control point where the sUASs pilots flying the sUASs will have immediate access to them; to the extent they are applicable to the sUASs. The FAA has issued numerous exemptions to this regulation. A representative sample of other exemptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

**XII. 14 C.F.R. § 91.405** (a); **407 (a) (1); 409** (a) **(1) &**  **(2); 417** (a) & **(b): Maintenance Inspections** 


### These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ... ,"and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the sUASs as proposed to be operated by th e Applicant. Maintenance will be accomplished b y the Applicant pursuant to the flight manual and operating handbook as referenced in the Safety

Checklist. An equivalent level of safety will be achieved because these sUASs are very

limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. If mechanical issues arise, the sUASs can land immediately and will be operating from no higher than 400 feet AGL. As provided for in the Safety Checklist, the Applicant will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of an y m aintenance performed. Moreover, the Applicant is the person most familiar with the aircraft and best suited to maintain the airc raft in an airworthy condition to provide the equivalent level of safety.

### 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: Applicant seeks an exemption from the following rules: 14 C.F.R. § 21, subpart H; 14 C.F.R 45.23 (b); 14 C.F.R. §§ 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to operate commercially small unmanned aircraft systems (55 lbs. or less) in aerial photography and inspection operations.

Approval of exemptions allowing commercial operations of sUASs in the aerial photography and inspection industry will enhance safety by reducing risk. Conventional aerial photography and inspection operati ons, using jet or piston power aircraft, operate at extremely low altitudes and in extreme proximity

to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000 lbs., carrying large amounts of jet A or o ther fuel. Such aircraft must fl y to and from the aerial photography or inspection location. In contrast, a sUASs weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUASs are carried to the aerial photography or inspection site and not flown. The sUASs will carry no passengers or crew and, therefore, cannot and will not expose them to the risks associated with manned aircraft flights.

The operation of sUASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the Applicant from the requirements of Par t 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters or other manned ai rcraft operating in close proximity to the ground and people.

Satisfaction of the criteria provided in Section 333 of the Reform Act

- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of Applicant's sUASs in the aerial photography and inspection industry pursuant to the Safety Checklist appended hereto.

Sincerely
, 

# Frederick Reid

Frederick Reid