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MARK A. DOMBROFF 

703.336.8700 

EMAIL ADDRESS 

mdombroff@mckennalong.com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

October 15, 2014 

Re: Docket No. FAA-2014-0610: Supplement to Petition of Total Safety U.S., Inc. 

for Exemption Pursuant to Section 33 3 of the FAA Modernization and Reform 

Act of2012 

Dear Gentlemen: 

On October 8, 2014, the Federal Aviation Administration informed Total Safety US, Inc. 

("Total Safety") that the petition of Astraeus Aerial had been granted, and invited Total Safety to 

submit any additional information in support of the petition that was appropriate in light of this 

new guidanec from the FAA. Accordingly, Total Safety submits the following supplement to its 

Petition for Exemption. 

I. 14 CFR § 61.113: Private Pilot Privileges And Limitations 

Petitioner seeks an additional exemption from 14 CFR § 61.113, which restricts private 

pilot certificate holders from flying aircraft for compensation or hire, and which would also have 

the effect of requiring a second class medical certificate. The purpose of Part 61 is to ensure the 

skill and competency of any PIC matches the airspace in which the PIC will be operating and the 

types of operations being flown. In this case, while the UAS will be operated as part of a 

commercial operation, it carries neither passengers nor cargo. 

In the Grant of Exemption in FAA Docket No. FAA-2014-0352, the FAA determined 

that the unique characteristics ofUAS operation outside of controlled airspace did not warrant 

the addition cost and restrictions attendant with requiring a the PIC to have a commercial pilot 

certificate and class II medical certificate. 
U.S. Department of Transportation 

October 15, 2014 

Page 2 

Total Safety will employ licensed private pilots as PIC for their operation. The 

restrictions Total Safety has placed on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352. Flare stack 

inspections occur in refineries or other areas where access to the public is strictly limited and 

controlled. Under virtually all circumstances, all of the only property or structures near the flare 

stack are owned and operated by the same entity. As a result, the operation has no substantial 

impact on any third persons not involved in the inspection. In addition, unlike the film makers in 

FAA Docket No. FAA-2014-0352, the UAS does not need to be operated in close proximity to 

persons and vehicles. 

Because Total Safety will operate in a sterile area, the UAS will be flown based on visual 

line-of-sight at altitudes below 400' AGL, and a NOT AM will be issued prior to any flight, the 

requested exemption provides an equivalent level of safety to any requirement for a commercial 

pilot's certificate. Accordingly, Total Safety request that this exemption be granted. 

If you have any questions or require any additional information, please do not hesitate to 

contact us.