Phone (304) 983

- 8900 Fax (304) 983

- 8905

104 Corporate Drive, Morgantown, WV 26501

Harold Vass Operator:

Product Engineer Pillar Innovations, LLC

304.282.3876 104 Corporate Dr.

haroldvass@pillarinnovations.com Morgantown, WV 26501

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

February 2, 2016



## Re: Petition of Pillar Innovations, LLC for Exemption Pursuant to Section 333 of th e FAA Modernization and Reform Act of 2012

Dear Sir and/or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Pillar Innovations, LLC (“Pillar”), hereby applies for an exemption from Federa l Aviation Regulations ("FARs") identified below, to allow commercial operations of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or "sUAS"). This application is substantially similar to previous Exemptions and therefore appropriate for S ummary Approval 1

The contact information for Petitioner is as follows:

Pillar Innovations, LLC. Attn: Harold Vass

– Product Engineer 104 Corporate Dr. Morgantown, WV 26501 Phone: 304.282.3876
E

- mail: haroldvass@pillarinnovations.com

1 Referenced at http://www.faa.gov/news/updates/?newsID=824852 For your convenience, a table of contents for this petition is provided here:

I. Description of Petitioner

II. Relevant Statutory Authority

III. Qualifications for Approval under Section 333 of the Reform Act

IV. Description of Possible Aircraft

V. Description of Proposed Operations

V I

. Regulations from w hich Exemption is Requested

a. 14 C.F.R. Part 21, Subpart H

- Airworthiness Certificates and 14 C.F.R.§ 91.203

b. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

c. 14 C.F.R. § 61.113 (a) & (b ), 61.133 (a): Private Pilot Privileges and Limitations: Pilot in Command. Commercial Pilot Privileges and Limitations.

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

e. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Fli ght Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

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

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: 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

l

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

VI I I. Drug and Alcohol Program

IX

. Public Interest

X. Privacy

X I

. Federal Registry Summary

XI I

. Conclusion3 I. DESCRIPTION OF PETITIONER

Pillar Innovations, LLC was formed in 2007 from parent company Beitzel Construction Corporation (formed in February of 1974) . The company is headquartered in Grantsville, MD but now maintains offices in Maryland, West Virginia, Ohio, Indiana, and New Mexico . Pillar Innovations is a recognized leader in new technology, primarily in the mining and oil & gas industries serving customers nationwide out of numerous sales and service facilities. Pillar prides itself on being a company that delivers state

- of

the

- art systems coupled with superior service long after the sale.

In May, 2015 Pillar Innovations, LLC and parent company Beitzel Corporation celebrated 4 years without a lost time injury. The two company’s commitment to safety and innovative practices are responsible for continual, sustained growth even in turbulent market conditions.

Pillar Innovatio ns, LLC currently has departments focused on all of the following operations:

• Electrical

• Instrumentation

• Automation and Integration

• Communication Towers

• Fiber Optics • Site Security

• Fire Suppression

• Water Management

• Engineering Services

• New Product Design

By granting this exemption, Pillar Innovations will be able to increase safety for employees in exist ing departments and continue to offer new and innovative solutions to customers. The company requests this exemption on the grounds of public interest and equivalent safety in order to provide the following services to customers in a manner that is more a ffordable and safer than existing methods:

• Building, Infrastructure, Construction Site Inspections

• Tower Inspections

• Power Line Inspections

• Aerial Surveying and Mapping

• Site Security

• Aerial Photography/Videography

• Closed

- set Filming

• Flare Stack Inspection

• Precision Agriculture • Catastrophe Response

• Damage Assessments

• Oil and Gas Platform Inspections

• Thermal/IR Inspection of Power Infrastructure

• Pipeline Inspection and Patrolling

• Wind Farm Survey

• Surface Mine Inspections

• Power Generation Asset Inspections4 II. RELEVANT STATUTORY AUTHORITY

This petition for exemption is submitted in accordance with the Section 333 (a) through (c) of the FAA Modernization and Reform Act of 2012 . Congress has directed the FAA "to safely accelerate the integration of civil unmanned air craft systems into the national airspace system." Pursuant to Section 333 of the Refor m Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the National Airspace System ("NAS") where it is safe t o 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 operato r. 2

Additionally, the FAA Administrator has general authori ty to grant exemptions from its safety regulations and minimum standards when the Ad ministrator decides a requested exemption is in the public interest. See 49 U.S.C. § 44701(±) (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 w ou ld provide a level of safety at least equal to the existing rules). See 14 C.F .R. § 11.81 (petitions for exemption).

III. QUALIFICATIONS 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 statut ory criteria and other relevant factors are satisfied. The proposed operations would permit the use of small and relatively inexpensi ve UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access; and that (4) provides an
increa sed level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same p urpose. In addition many of these ope rations, such as flare sta ck, power line, tower, and
construction inspection would be alternately accomplished by sending an individual up into a structure to manually conduct a visual inspection, or by flying a conventional ro torcraft dangerously close to the infrastructure to accomplish th e task. Such operations carry a much higher risk of serious bodily injury or death compared with conducing a photographic or vid eo inspection from a small UAS. Given the small size of the sUASs involved and the rest ricte d environment within which they will operate, this petition exemption falls with in the zone of safety, i.e., an equivalent level of safety, in which Congress desir ed the FAA to permit commercial UAS operations by exemption pending completion of formal rule making. Also, due to the size of the sUASs, and the restricted area in which t he sUASs will operate, approval of the application prese nts 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

2 1 Id. at § 333(b)(1).5 safety surrounding the proposed operations, and the significant public bene fit, the grant of the requested exemptions is also in the public interest. Accordingly, Petitioner respectfully requ ests the FA A grant the requested exemption without delay.

IV. DESCRIPTION OF POSSIBLE AIRCRAFT

Pillar Innovations, LLC requests the ability to utilize one or more of the following small UAS (“SUAS”)

. Granting approval to choose from a large list o f drones affords the company the ability to invest in equipment that is tailored by flight time, payload capacity, and ultimately safety to a specific need or offering

. All sUAS listed are provided with an exemption number in which this model of aircraft was already granted exemption.

Altus UAS Delta X

- 8 12646

American Drones

– Falcon 450 12646

American Drones

– Eagle 550 12646

American Drones

– Nighthawk 550 12646

American Drones

– Phoenix 650 12646

Arch Aerial

– OCTO 11283

ARRIS

– M680 Hexa 12646

Ascending Technologies

– AscTec Falcon 8 12075

AirRobot AR 100

- B 12646

AirRobot AR 100

- C 12646

AirRobot AR 180 12646

AirRobot AR 200 12646

Altavian Nova F6500 11456

DJI

– Phantom 2 11795 DJI

– Phantom 3 11783

DJI

– Inspire 1 11710
DJI

– F450 12283
DJI

– F550 12283
DJI

– S800 11788
DJI

– S900 11794
DJI

– S1000 11671
DJI

– S1000+ 11532
DJI

– Matrix 100 11814

3D Robotics Aero

– M 12646

3D Robotics Fixed Wing 12646

3D Robotics X8+ 12646

3D Robotics X8

– M 12646

3D Robotics Y6 12646 Blade 350 QX3 11737
Cinestar 8 Octo 11408 AgEagle 11480
3DR X8 11335
3DR Iris 11778 3DR Solo 11832 SenseFly eBee 11745 Yuneec Q500 Typhon 11734

DraganFlyer
X4

- P 11281

DraganFlyer
X4

- ES 11487 Trimble UX5 11806 Trimble UX5

– HP 12231

Trimble ZX5 12646 Microdrones
MD4 11546

MikroKopter

– ARF OctoXL 11228

Skycatch 11343 Skyhunter 12586
HSE UAV

– DRASS Q1000 11710A Aerialtronics Altura Zenith 12068

Intuitive Aerial

– Aerigon IAH 3 12772

AeroCine Kopterworx Hammer X12 12646

AeroVironment Shrike 11439

AeroVironment Puma 11264

AeroVironment Qube 11868

Aerial Pixels Fx8PRO Elite 12809

Aeronavics X4 Titanium 11225

Aeryon Sky Ranger 11213

Aeronavics SkyJib

- 8 Ti

- QR 11559

Aeryon Scout 112096 Agribotix Hornet Drone 12646

Agribotix Enduro Quad 12646

Aibotix X

– 6 12469 AirCover QR

- 425 11334

AirCover ORT

- 825 12646

Align M690L Multicopter 11230A

Altus UAS Delta
X

- 4 12646

HobbyKing Bixler 2 12079

Bormatec

– Maja UAV 11486

Bumblebee Carbon Fiber Quadcopter 11371

CarbonCore

– Cortex ARTF 12404

CineStar

– 6 MK Heavy Lift
RTF 12517

Cyber Technology

– Cyber Quad 12068

DraganFlyer

– X6 11281

DraganFlyer

– Guardian 11281

DraganFlyer

– Commander 11281

Delair

- Tech

– DT

– 18 12785

Event 38

– E384 13081

FoxTech FPV

– D130 X8 V2 12646

FoxTech FPV

– K130 V3 11449

Freefly

– Alta 12455 Multirotor G4 11306 AeroLogix

– Geostar 11370

Germap

– G180 12075

Gryphon Dynamics

– X8 12516

HexaCrafter HO

- 1250 11305

HexaCrafter HC

- 1100 12646

Hoverfly

– Livesky 12646

Hubsan

– X4 Microdrone 11562

Inova Drone

– Inova One 12646

Tactical Robotics

– InstantEye Mk2 12703

KongCopter FQ700 12646

Latitude HQ

- 20 12646 Latitude HQ

- 40 12646 Leptron

– Avenger 12363

Lockheed Martin

– Desert Hawk III 12646

Lockheed Martin

– Indago 11446

Microdrones

– MD4

- 200 12496

Microdrones

– MD4

- 1000 12496

Microdrones

– MD4

- 3000 12496

MLB

- Super

- Bat UAV 11255

MultiRotor

– G4 Skycrane 11287

ParkZone

– Radian RTF 12646

Parrot

– Bebop 12713 Finwing

– Penguin 1720 11486

Birdseyeview

– FireFly 6 11571

UAV Solutions

– Phoenix 60 12646

Precision Drone

– PaceSetter 11316

PrecisionHawk

– Lancaster 12469

Prioria

– Hex 12837
Prioria

– Maveric UAS 11571

Pulse Aerospace

– Vapor 11241

RIEGL RiCopter 12785 Ritewing

– Spade 70” 11228

Ritewing

– Zephyr 3 Spade 11228

Rightwing

– Drak 12646

RF70 Aircraft 12410 Yamaha RMAX 11448
AeroCamera

– SR 15 11422

RangeVideo

– Jet 11527

SenseFly

– eXom 11373

Sensurion Aerospace

– Magpie 12646

MultiRotor

– G4 Blackbird V2 12646

Vanguard Defense Industries ShadowHawk 11255

Mavinci

– Sirius Pro 11368

Skywalker X

- 8 114467 SteadiDrone

– Vader 11446

SteadiDrone

– Mavrik 11832

SteadiDrone

– Flare 11446

Swift Radioplanes

– Lynx 11432

Tarot

– T18 12646
Tarot

- 680 Pro 12720
Tarot

– 690 11221
Tarot

– T810 11397
Tarot

– 960 11221 Tayzu Robotics

– Titan X8 12646

T

- Rex 800E Pro 11352 Turnigy Talon Quad 11889

Turbo Ace

– Cinewing 6 11392

Turbo Ace

– Matrix G 12545

Turbo Ace

– Matrix I 11674

Turbo Ace

– Matrix E 12545

Turbo Ace

– Matrix S 12545

Viking UAS

– VikingOne 12414

Viking UAS

– Patriot X4 12414

Viking UAS

– Patriot X8 12414 Viking UAS

– Ranger EX 12414

Viking UAS

– VK X6 Model 800 12590

Volt Aerial Robotics

– Venture 11222

Vulcan

– Mantis 12646

Vulcan

– Raven 12486 Walkera

– Scout X4 11665

Walkera

– Tali H500 11869

V. DESCRIPTION OF PROPOSED OPERATIONS

A. Scope of Operations.

Pillar Innovations will provide a range of customers with a more controlled solution to location monitoring, aerial inspections, mappin g, and more (see Section 1 ) by offering sUAS services in accordance with federal, state, and local law and its own policies committed to a safe work
environment. To assist the FAA in its sa fety assessment of the Petitioner's proposed sUAS operations, belo w is a summary of operati onal limitations and conditions, which will ensure an equivalent or highe r level of safety to operations conducted under cur rent regulatory guidelines. The Petitioner understands that failure to comply will be grounds for the immed iate suspension or rescission of any exemption granted.

1. The UAS weighs 55 pounds or less
2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.
3. The UA S may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA S be operated at airspeeds greater than the maximum UA S operating airspeed recommended by t he aircraft manufacturer.
4. The UA S must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
5. The UA S must be operated within visual line of sight (VLOS) of the PIC at all times. This requires

t he PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.8 6. All operations must utilize a visual observer (VO). The UA S must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic mes saging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.
7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS opera tions and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitation s herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operato r determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption.
8. Any s UAS that has undergone maintenance or alterations that affect the s U AS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO an d must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.
9. The operator is responsible for maintaining and inspecting the s UAS to ensure that i t is in a condition for safe operation.
10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the s UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g., operable comp onents, items, or equipment. If the inspection reveals a condition that affects the safe operation of the s UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the s UAS is found to be in a condition for safe flight.
11. The operator must follow the s UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.
12. Each s UAS operated under this exemption must comply with all manufacturer safety bulletins.
13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued b y a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the9 flight review requirements specified in 14CFR §61.56 in an aircraft in which the PIC is rated on his or her pilot certificate

. 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles, and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14CFR §61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, profi ciency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may onl y be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA S with appropriate distance fro m nonparticipants in accordance with 14CFR §91.119.
15. UAS operations may not be conducted during night, as defined in 14CFR §1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on th e current FAA published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available t o the Administrator or any law enforcement official upon request.
17. 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.
18. For tethered UAS operation s, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from at least one mile. This requirement for pennants or streamers is not applicable whe n operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting of the structure.
19. If the UAS loses communications or loses its GPS signal, the UA S must return to a predetermined locat ion within the private or controlled

- access property. 20. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.
21. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enoug h available power for the UA to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer if greater.
22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (CO A). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the enclosed COA.10 23. All aircraft operated in a ccordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.
24. . Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents mus t be made available to the Administrator or any law enforcement official upon request.
25. The UA must remain clear and give way to all manned aviation operations and activities at all
times.
26. The UAS may not be operated by the PIC from any moving device or veh icle.
27. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the s UA S and/or debri s 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 i mmediately in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles, or structures has granted permission for operating closer to those objects 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. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.
28. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.
29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be reported to the National
Tra nsportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

• The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

• At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Pl an of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following: a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of the person responsible for the on

- scene operation of the UAS; d. Make, model, and ser ial or N−Number of UAS to be used; e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to11 conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or stat e over which filming will be conducted and the altitudes essential to accomplish the operation.

• Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specif ied in the exemption holder’s
MPTOM.

V I . 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 sUAVs , f rom its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 3

Petitioner seeks an exemption from several interrelate d provisions of 14 C.F.R. Parts 21, 45, 61 and 91 for purposes of conducting the re quested operations using a UAS. Listed below are

(1) T he specific sections of 14 C.F .R. for which exemption is sought, and

(2) T he operating procedures and saf eguards that P etitioner has established which will ensure a level of safety better than or equal to th e rules from which exemption is sought.

A. 14 C.F.R. Part 21, Subpart H

- Airworthine ss Certificates and 14 C.F.R. § 91.203(a) (1)

Petitioner seeks an exemption from 14 C.F.R. Part 21, S ubpart H, which establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F .R. § 91.203(a)(1). The Federal Aviation Act an d Section 333 of the Reform Act both authorize th e FAA to exempt aircraft from the r equirement for an airworthiness certificate, upon consideration of the size, weight, spe ed, operational capability, and proximity to airports and populat ed areas of the particular UAS. All UAS operated by Pillar Innovatio ns will meet the requirements of a small UAS, i.e., have a gross take

- off weight of less than 55 pounds. Given the size and limited operating area associated with the UAS operations, an exemption fro m Part 21, Subpart H, meets the requirements of an equiva lent level of safety under Part 11 and Section 333 of the Reform Act.

In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted envir onment and under the conditions proposed, wil l be at least as safe as,

3 See 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)12 or safer than, a conve ntional aircraft operating with an airworthiness certificate without the restrictions and conditions of the proposed sUAS operations.

Equivalent Level of Safety

The sUASs to be operated hereunder weigh less t ha n 55 pounds with payload, carry neither a pilot nor passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within a secured and sterile area. U nlike other civil aircraft, the proposed operations will be controlled and monitored by the operator, as well as a visual observer, pursuant to the Manua l's requirements.

These safety enhancements, which already apply to civil aircraft operat ed in connection with existing inspection operations, provide a greater degre e of safety to the Petitioner's employees, members of the public, and property owne rs than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H.

Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its si ze, speed of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

B. 14 C.F.R. Part 27 Airworthiness Standards: Nor mal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certifica tion of normal category rotorcraft. To the extent the Pe titioner's sUAS would otherwise require certification under Part 27, Petitioner se eks an exe mption from Part 27's airworthiness standards for the same reasons identifie d in the exemption request from 14 C.F.R. Part 21, Subpart H.

C. 14 C.F.R. § 61.113 (a) & (b), 61.133 (a): Private Pi lot Privileges and Limitations: Pilot in Command. Commercial Pilot Privileges and Limitations.

The regulation provides that no person that holds a private pilot certificat e may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an ai rcraft 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 pro perty for compensation or hire. Pillar Innovations’ proposed operations meet the requiremen ts of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the P IC is required to complete "FAA private pilot ground instruction" and pass "the FAA Priv ate Pilot written examination." Since there are currently no means ava ilable for the pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a commercial pilot's license, the proposed operations can achieve the equivale nt level of safety by requiring our pilots to complete a sUAS fligh t safety training program

. Equivalent Level of Safety

Because the UAS will not carry a pilot or passenge rs, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a13 priva te , sport, or recreational pilot’s license r ather than a commercial pilot’s license to operate this small UAS, as well as advance d UAS flight safety training . Unlike a convent ional aircraft that carries the pilot and passengers, the sUAS is remotely contro ll ed with no person on board. The risks associated with the operation of the sUAS are so di minished from the level of risk associated with commercial operations contemplate d by Part 61 when drafted, that allowing operations of the sUAS as requested with a p rivate pilot who holds advanced UAS flight safety training exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. § § 91.9(c) and 45.23(b): Airc raft Marking and Ide ntification Requirements

Petitioner seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. § § 91.9(c), and 45.23(b).

• 14 C.F.R. § 91.9(c), Civil Aircraft Fli ght 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, rest ricted or light

- sport category aircraft or experimental or provisionally certificated

a ircraft, 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 n or more than 6 in ches high, the words "limited," "restricted," "light

- sport, "e xperimental," 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 cabi n, fuselage, boom, or tail the marks required by § 45.23.

Exemption from 14 C.F.R. § 45.23(b) is warranted b ecause the sUAS has no entrance to the cabin, cockpit, or pilot station on which the wor d "Experimental" can be placed. Moreover, given the size of the sUAS, two

- inch letteri ng will be impossible. The word "Experimental" will be placed on the fuselage in compli ance with 14 C.F.R. § 45.29(f). Given the nature of the specific relief sought by thi s exemption request, Petitioner requires relief from the associated marking and identific ation requirements of§ 45.27(a) and § 91.9(c), which would require compliance with§ 45.23(b).

Equivalent Level of Safety

The equivalent level of safety for exemptions to the aircraft marking and ident ification requirements

o f§§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the sUAS marked on its fuse lage as required by § 45.29(f). The FAA has previously issued the following exe mptions to the aircraft marking requirements of§ 45.23(b): Exemption Nos. 10700, 10167 a nd 10167A.14 E. 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

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- registered civ il 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 aircr aft 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):

(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 perso n may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a spec ial flight authorization issued under § 91.715 is displayed at the cabin or cockpit en trance so that it is legible to passengers or crew.

Pillar Innovations’ does not request an exemption from this section but instead notifies the FAA that, in accordance with FAA Office of Chief Counsel's Opinion dated August 8, 2014, the UAS Flight M anual, registration certificate and other do cumentation w ill be kept at the control station with the PIC during flight. The Chief Counsel 's Office has held that for all UAS operations, this alternate method constitutes full compliance with the regulations.

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

Pe titioner seeks an exemption from 14 C.P.R. § 91.7( a), which requires that a civil aircraft be in airworthy condition to be operated. Inasmuch there will be no airworthi ness certificate issued for the sUAS, should this exemptio n be granted, no FAA regulator y standard will exist for determining airworthiness.

Equivalent Level of Safety

The UASs will be fully maintained and operated in acc ordance with all specifications and requirements identified by the manufacturer. Pillar Innovations wil l only operate sUAS that have a proven track record of reliability and safety. Further, giv en that no UAS will be operated by Pillar with a weight of over 55 pounds, and no UAS will be flown unless it has been maintained and prepared for flight in accordan ce with t he manufacturer's requirements, an equivalent level of safety will be provided.

The FAA has issued the following exemptions to this r egulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.15 G. 14 C.F.R. § 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.P.R.§ 91.103, which requires a PIC to become familiar with specific information before each flight, including information contain ed in the FAA

- approved Flight Manual on board the aircraft. Whil e the PIC will be familiar with all information necessary to safely conduct the flight, a n exemption is requested to the extent that an FAA

- approved Flight manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Aircraft Operations Manual and flight manual provided by the manufacturer. The PIC w ill take all required preflight actions

- including reviewing weather, flight battery re quirements, landing and takeoff distance, and aircraft perf ormance data

- before ini tiation of flight. The Aircraft Operations Manual and manufacturer's flight manual will be kept at the ground station with the operator at all times.

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

Petitioner seeks an exemption from 14 C.P.R. § 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 functi oning dual controls." sUASs and remotely piloted aircraft, by t heir design, do not have fun ctional dual controls. Instead, flight control is accomplished through the use of a box that communicates with the aircraft via radio communications.

Equivalent Level of Safety

Given the size and speed of the sUAS, an equivale nt level of safety can still be achieved without dual controls because no pilot or p assengers are aboard the sUAS, and all persons will be a safe distance away in the even t that the sUAS experiences any difficul ties during flight instruction. The FAA has

app roved exemptions for flight trainin g without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft.

Exemptions include: Nos. 5778K and 9862A.

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

Petitioner re quests an exemption from the minimum s afe altitude requirements of 14 C.F .R. § 91.119. Section 91.119 prescribes the minimum safe altitudes un der which aircraft may not operate, including 500 feet abov e the surface and away from any person, vessel, vehicl e, or structure in non

- co ngested areas; See 14 C.F .R. § 91.119(c). Section 91.119(d) allows for a helicopte r to operate at less than those minimum altitudes when it can be operated "without h azard to persons or property on the surface," provided that "eac h person operating t he helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."16 To provide the intended services, the sUAS is normally operated below 400 feet AGL.

Additionally, the sUAS will maintain a lateral distance of a t least 100 feet from inhabited structures, buildings, vehicles, and vessels, and people not associated wit h the operation.

Equivalent Level of Safety

Compared to flight operations with rotorcraft wei ghing far more than the maximum sUAS weight proposed herein, and given the lack of flam mable fuel, any risk associated with these operations is far less than those that pr esently exist with conventional aircraft. An equivalent level of safety will be achieved giv en the 'size, weight, and speed of the UAS, as well as the location where it is operated. As set forth in the Manual, the sUAS will be operated in a restricted area. Furtherm ore, by operating at lower altitudes, the sUAS will not interfere with other aircraft that are subject to the mini mum safe altitude regulations.

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

This petition seeks an exemption from 14 C.F .R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter th at is set to the elevation of the departure air port or barometric pressure. An exemption is required to the extent that the sUAS does n ot have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of sa fety will be achieved by following the procedures set forth in the Manual. As prescribed in the Manual, the operator will con firm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the sUAS's height, thus ensuring operation at safe altitudes.

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

Petitioner requests an exemption from 14 C.F.R. § 91 .151(a)'s fuel requirements for fli ght 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 no rmal 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 sUAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute reser ve. Pillar Innovations proposes that all flights comply with this requirement by mandating that the aircraft be safely landed with no less than 25% of battery life remaining.17 Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be conducted on

- site without significant transit time by the sUAS. Al l flights will be planned to be terminated with no less than 25% reserve battery power st ill available. This restr iction would be more than adequate to return the sUAS safely to the ground and its planned landing zone from anywhere in its limited operati ng area even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve fu el does not include the type of risks that Section 91.151 (a) was i ntended to alleviate given the size and speed of the small UAS, and the proxi mity of the flight operation to the landing zone. Moreover, operation will be limited to controlled areas where only people and property owners, or official representatives who ha ve signed waivers, will be allowed.

This request for exemption falls within the scope of prior exemptions, including Exemption Nos. 10673, 2689F, 5745, 10673, and 10808.

L. 14 C.F.R. § 91. 405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

Petitioner also seeks an exemption from the main tenance inspection requirements contained in 14 C.P.R. § 91.405(a), 91.407(a)(l), 91.409( a)(2); 91.417(a) and (b). These regulati ons specify maintenance and inspection standards in reference to 14 C.P.R. Part 43. See, e.g., 14 C.P.R.§ 91.405(a) (stating th at each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribe d in subpart E of this part and shall b etween required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulation s is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which th e sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because m aintenance and inspections will be performed in accordance with the UAS Manufacturer 's Manual, as referenced in the Aircraft Operations Manual. As provided in the Opera tions Manual, the operator will ensure that the sUAS is in working order prior to
init iating flight, perform required maintenance, and keep a log of any maintenance perfor med. The operator is the person most familiar with the aircraft and best su ited to mainta in the aircraft in an airworthy condition to provide the equivalent level of safety.

If mechanical issues arise, the sUAS's size and carrying cap acity, and the fact that flight operations will only take place in restricted areas for li mited p eriods of time during daylight hours, creates less risk than that associat ed with conventional rotorcraft performing the same operation.

VI I . ADVANCED UAS FLIGHT SAFETY TRAINING

Pillar Innovations recognizes that S UAS present a significant and complex fli ght safety challenge within the NAS. Pillar Innovations is committed to the highest standards of excellence in flight safety and safety18 risk management. As a result, any PIC employed by Pillar Innovations be required to undergo sUAV specific training.

VI I I. DRUG AND ALCOHOL PROGRAM

As set forth in the Manual, Pillar Innovations is committed to a drug

- f ree work place and the right of t he flying public it serves to safe and efficient flight se rvice. All employees of Pillar are subjected to random drug screen ing in accordance with all federal, state, and local laws and regulations. Pillar Innovations currently screens all new hires and no less than 25% of employees on a yearly basis.

Excerpt from Pillar Innovations’ Employee Handbook

A drug and alcohol

- free w orkplace is essential to ensure the safe delivery of our services and to protect the well

- being of all Employees. Pillar Innovations have enacted a Substance Abuse and Drug/Alcohol Testing Policy that all Empl oyees must observe. This policy complies with a ll federal, state, and local laws and regulations. Fai lure to comply with this policy will result in termination.

10.01 Summary

Pillar Innovations prohibit s the use, posse ssion, selling, distributing or transportation of alcohol, marijuana, illegal drugs, or other controlled substance s on Company premises. “Controlled Substances” refer to any drug or other su bstance prohibited by any state or federal law or regulation. The Company also prohibits reporting to work under the influence of alcohol, marijuana, i llegal drugs, or other controlled substances. “Company Premises” includes all property owned, leased, used, or under the control of the Company; including, but not limited to, the jobsite, structures, land, automobiles, trucks, buildings, offices, a nd faci lities. This policy also includes any other work locations or modes of transportation to an d from those locations while in the course and scope of Company employment.

10.02 Testing

The Company may test Employees for substance abuse

1) For reasonable cause

2) When an Employee has been involved in an accident or unsafe act

3) Randomly

4) As part of a pre

- employment, substance

- abuse testing program

A true positive test result will require disciplinary action , up to and including immediate termination without prior warning. All test results will be kept conf idential and in a separate file from other personnel records.19 IX . PUBLIC INTEREST

Granting Pillar Innovations exemption request furthers the public interest. National policy s et by Congress favors early int egration of UAS into the NAS in controlled, safe working environments such as those proposed in this petition. In a ddition, maintaining industrial safety has been a priority of state and local governments for decades. By its nature, the proposed use of sUA S offers superior safety to performing the same tasks with conventional aircraft or rotorcraft.

In addition, granting the exemption will help advance th e knowledge base for conducting commercial UAS operations. Pillar Innovations is committed to worki ng wi th the local FSDO to share data from its operations. This additional data will help the FAA set future rules r egarding UAS flight operations,
maintenance , and crew qualifications. The public also has an interest in reducing the hazards and
emissions associ ated with alternate use of c onventional aircraft to conduct similar oper ations. The sUAS in question are very ligh t weight and does not carry any flammable fuel, further reducing the risk from any potential accident.

X . PRIVACY

All flights will occur in a ccordance with any state or local laws regarding privacy.

XI . FEDERAL REGISTRY 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:

Pillar Innovations seeks an exemption from the following rules:

• 14 CFR Part 21, Subpart H

• 14 CFR 91.203 (a) & (b)

• 14 CFR Part 27
• 14 CFR 45.23(b)

• 14 CFR 61.113 (a) & (b)

• 14 CFR 91.9(b)(2)

• 14 CFR 91.203 (a) & (b)

• 14 CFR 91.7(a)

• 14 CFR 91.9(c) & 45 .23(b)

• 14 CFR 91.10320 • 14 CFR 91. 109(a)

• 14 CFR 91. 119

• 14 CFR 91.121
• 14 CFR 91.151(a)

• 14 CFR 91. 405(a)

• 14 CFR 91.407(a)(1)

• 14 CFR 91.409(a)(2)

• 14 CFR 91.417(a)&(b)

Approval of these exemptions will allow Pillar Innovations to offer flight services for a number of customers in the industries and applications noted above. The exemptions will enhance safety by reducing risk to the general public and property owners from the hazards associated with performing

eq uivalent work with conventional a ircraft and rotorcraft.

XII . CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity t o airports and populated areas, operation within visual line of sight, and natio nal security

- provides more than adequate justification for the grant of the requested exemptions to permit Pillar Innovations to operate sUASs and provide on

- demand UAS services to private entities.

Granting the requested exemption will benefit the pub lic interest as a whole in many ways, including

(1) S ignificantly improving safety and reducing risk by alleviating human exposure to danger, and

(2) I mproving the quality of services and decreasing operating costs compared with conventional flight operation s.

If you have any questions or require any additional info rmation, please do not hesitate to call.

PILLAR INNOVATIONS, LLC

– 304.983.8900

________________________________ Harold Vass

– Product Engineer

( 304) 282

- 3876