Communi-cate, Inc. Petition for Federal Aviation Administration (FAA) Exemption

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Date: 25 Jan 2016 

From: Communi-cate, Inc. 

 2032 E Ocean View Ave, Norfolk, VA 23503, cate@communi-cate.com 

To: U.S. Department of Transportation 

 Docket Management System, 1200 New Jersey Ave. SE, Washington, DC 20590 

Subject: Communi-cate, Inc. Petition for Federal Aviation Administration (FAA) Exemption 

Dear U.S. Department of Transportation: 

This letter is the application of Communi-cate, Inc., Petitioner, acting without legal counsel or 

consulting services, for an exemption seeking relief from the requirements of the FAA Reform 

Act and Part 11 of the Federal Aviation Regulations from Title 14 of the Code of Federal 

Regulations concerning commercial operation of small unmanned aerial vehicles (sUAV) and 

unmanned aircraft systems (UAS) pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 (Public Law 112-95).

This petition for Section 333 exemption contains nine (9) pages and describes the following: 

• Introduction and Interests of the Petitioner/Operator 

• Specific Regulations From Which Petitioner Seeks Relief 

• Exemption Requests and Equivalent Levels of Safety 

• Communi-cate, Inc. Commercial Flight Operations Purposes 

• Communi-cate, Inc. sUAV / UAS Flight Restrictions and Operating Standards 

• Public Safety, Public Benefit, and sUAV Safety Features 

• Description of Type, Make and Models of sUAV/UAS Requested 

Communi-cate, Inc., respectfully requests an exemption under Section 333 based on this 

petition and the statements it contains to enable us to operate efficient, limited, low-risk sUAV 

for commercial purposes for the activities stated in this petition while respecting at all times 

the space and privacy of citizens, property, and keeping our skies safe. 

Sincerely, 

Cate McCoy, President and Private Pilot 

Communi-cate, Inc. 

cate@communi-cate.com 

(757) 333-6000 
Communi-cate, Inc. Petition for Federal Aviation Administration (FAA) Exemption

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Introduction and Interests of the Petitioner/Operator 

The name and address of the Petitioner/Operator: Communi-cate, Inc., 2032 E Ocean View Ave, 

Norfolk, VA 23503, (757) 333.6000, cate@communi-cate.com, www.communi-cate.com 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 

11, Communi-cate, Inc., Operator of sUAV is equipped to offer on-demand commercial flight 

services and training to a variety of industries and applications, perform the purposes listed in 

section Communi-cate, Inc. Commercial Flight Operations Purposes below, hereby applies for 

an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial 

operation of its sUAV/UAS, so long as such operations are conducted within and under the 

conditions outlined in this Petition or as may be established by the FAA in an exemption 

granted under either Section 333 or Section 49 U.S.C. §44701. As described more fully below, 

the requested exemption will permit the operation of a UAS under controlled conditions in 

airspace that is 1) limited; 2) predetermined; and 3) would provide safety enhancements in the 

fields in which it will operate. Petitioner employs staff with government clearances. Please 

direct any question or comment regarding this petition to the Petitioner. 

The Petitioner is a well-established Virginia corporation headed by Cate McCoy, President, who 

holds project management, business analysis, and private pilot certifications. For more than 10 

years, Communi-cate, Inc. has been providing services in the areas of training, programming, 

web design, graphics design, technology projects, government projects, and logistics consulting 

at client locations. Communi-cate, Inc. is expanding into drone inspection and training to take 

advantage of the in-house manned pilot expertise and a proven track record of creating training 

curriculum and delivery of courses to clients and onsite consulting. Communi-cate, Inc. wishes 

to give their clients a safer and more cost effective way to perform visual inspections by using 

drone technology, photography, and videography. Utilizing trained and certificated manned 

aircraft pilots demonstrates Communi-cate, Inc.'s commitment to creating a safe environment 

for everyone involved in drone consulting projects. Every employee involved in sUAV projects 

are tested on FAA knowledge, operating safety, public safety, and equipment specifications and 

manuals through product based and knowledge based tests. 

Specific Regulations From Which Petitioner Seeks Relief

14 C.F.R. Part 21 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113(a) and (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2), 14 C.F.R. 91.109, 14 C.F.R. 91.119, 14 C.F.R. 91.121, 14 C.F.R. 

91.151(a), 14 C.F.R. 91.203 (a) & (b), 14 C.F.R. 91.205 (b), 14 C.F.R. 91.215, 14 C.F.R. 

(91.401 -91.417) 

Petitioner meets all factors and meets all requirements that allow the FAA to approve the use 

of commercial UAS operations by Communi-cate, Inc. Section 333, titled “Special Rules for 

Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA 

authorization of safe civil UAS operations in the National Airspace System (NAS). Section 333(a) 
Communi-cate, Inc. Petition for Federal Aviation Administration (FAA) Exemption

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states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in 

the national airspace system before completion of the (comprehensive) plan and rulemaking 

required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In 

Section 332(b)(1), Congress provides a mechanism for “expedited operation authorization” if 

several factors are met. 

Exemption Requests and Equivalent Levels of Safety

Communi-cate, Inc., requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAV and proposes 

equivalent levels of safety where practical. 

14 CFR Part 21: Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. 

While the FAA continues to work to develop airworthiness standards for Unmanned 

Aerial Systems, we request an experimental certificate be issued for the DJI Inspire One, 

DJI Matrice and DJI Phantom 3 under either or both of 21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

a. Research and development. Testing new aircraft design concepts, new aircraft

equipment, new aircraft installations, new aircraft operating techniques, or new 

uses for aircraft. 

b. Showing compliance with regulations. Conducting flight tests and other 

operations to show compliance with the airworthiness regulations including 

flights to show compliance for issuance of type and supplemental type 

certificates, flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as 

market surveys, sales demonstrations, and customer crew training, we would 

expect that an experimental certificate would permit our commercial purpose as 

well. The aircraft will not carry persons or property, will not carry fuel, and will 

only fly under strict operational requirements. Combined with the UA's 

lightweight, being constructed primarily of carbon fiber and plastic, the UA will 

be at least as safe, if not safer, than a conventionally certificated aircraft 

performing the same mission. If an experimental airworthiness certificate is not 

appropriate for this application, then we request an exemption of 14 CFR Part 

21, Subpart H, and the requirement for an airworthiness certificate in general, 

citing the equivalent level of safety outlined in the previous paragraph. 

14 CFR 45.23: Display of marks; General and 45.29 Size of marks. These regulations 

provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, 

or pilot station. Because SUAS do not have an entrance in which the word 

"EXPERIMENTAL" can be placed and may not have a registration number assigned to it 
Communi-cate, Inc. Petition for Federal Aviation Administration (FAA) Exemption

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by the FAA, Communi-cate, Inc. proposes to achieve an equivalent level of safety by 

including the word "EXPERIMENTAL" on a placard on the top of the aircraft so that the 

PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircraft while 

it is preparing for launch will be able to see the designation and at the ground station a 

banner/flag (similar to Diver Down symbol for SCUBA) will alert of an "Unmanned 

Aircraft Ground Station" in letters 3 inches high or greater. 

14 CFR 61.113: Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. The regulation provides that no person 

that holds a Private Pilot certificate 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 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. Communi-cate Inc will not be carrying 

passengers but will be flying for business purposes, and seek the 333 exemption in order 

to comply with this CFR. 

14 CFR 91.7: Prohibits the Operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable. 

14 CFR 91.9: Civil aircraft flight manual, marking, and placard requirements. This 

regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. We assume that the intent of this requirement is to 

ensure that flight manual information is available to the aircrew while operating the 

aircraft. We request an exemption to this requirement since the aircraft is too small to 

carry onboard documentation. To obtain an equivalent level of safety and meet the 

intent of 91.9, Communi-cate, Inc. proposes that a current, approved SUAS Flight 

Manual be available to the crew at the ground station when the aircraft is pre-flight, inflight, and post-flight. 

14 CFR 91.109: Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states, "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The SUAS groundbased control station consists of a small hand-held radio transmitter and while it does 

not offer a second set of "controls", both the student and instructor can, and will, 

operate the single set of controls simultaneously. With both student and instructor 

having "hands-on" the controls during flight, we feel that this technique meets the 

intent 91.109 and provides an equivalent level of safety. 

14 CFR 91.119: Minimum safe altitudes; General. The regulation states that over 

sparsely populated areas the aircraft cannot be operated closer than 500 feet to any 

person, vessel, vehicle, or structure. Since the typical mission of the SUAS would be 

photography or survey of persons, vessels, vehicles or structures it may be necessary to 
Communi-cate, Inc. Petition for Federal Aviation Administration (FAA) Exemption

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operate closer than 500 feet to the items listed. Operations will only be flown over 

property or persons where permission has been obtained and careful pre-flight planning 

has been performed. The aircraft will be operated at a low altitude allowing, if a power 

unit fails, an emergency landing without undue hazard to persons or property on the 

surface. Therefore, we maintain that due to the small size of the UAS, the hazard to 

persons, vehicles and structures are minimal compared to manned aircraft, which 

should be considered in granting the exemption. 

14 CFR 91.121: Altimeter settings. The regulation requires that aircraft shall maintain 

cruising altitudes by reference to an altimeter setting available within 100 NM of the 

aircraft. The SUAS will always fly below 400 feet AGL and will not need to maintain 

cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level 

altimeter measurement above the launch and recovery point is transmitted via radio 

from the SUAS on-board computer to the display screen held by the PIC and VO, 

providing a constantly updated AGL readout. 

14 CFR 91.151: Fuel requirements for flight in VFR conditions. The regulation provides 

that no person may begin a flight in an airplane under day-VFR conditions unless there is 

enough fuel to fly to the first point of intended landing and to fly after that for at least 

30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a 

safety buffer for delays to landing. The SUAV is battery operated and the maximum 

duration of flight from a single battery charge is 24 minutes with a 20% reserve. Since 

the aircraft will never fly more than 3/4 NM from the point of intended landing, a full 

battery charge at launch will ensure that we meet the reserve energy requirement of 

this paragraph. We request an exemption to the word "fuel" and ask for an equivalent 

interpretation with the word "energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides 

that an airworthiness certificate, with the registration number assigned to the aircraft 

and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) 

provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance 

so that it is legible to passengers or crew." At a maximum gross weight of 5.3 pounds, 

the SUAS is too small to carry documentation, does not have an entrance, and is not 

capable of carrying passengers or crew. To obtain an equivalent level of safety and meet 

the intent of 91.203,we propose that documents deemed appropriate for these aircraft 

by the FAA will be co-located with the crew at the ground control station and available 

for inspection upon request. In order to identify the aircraft, we propose that the 

information found on airworthiness and registration certificates be permanently affixed 

to the aircraft via placard containing the following information plus the word 

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E (91.401-91.417): Maintenance, Preventive Maintenance, Alterations.

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 
Communi-cate, Inc. Petition for Federal Aviation Administration (FAA) Exemption

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91.407 and 91.409 require that the aircraft be "approved for return to service by a 

person authorized under 43.7" after maintenance and inspection. It is our intention that 

the PIC perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to service." The PIC will ensure that the aircraft is in an 

airworthy condition prior to every flight and in addition conduct detailed inspections 

after every two hours of flight. Maintenance performed by the PIC is limited to repairing 

small cracks, replacing a propeller, checking electrical connections and updating 

software and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC will 

document work performed in accordance with 91.417. We feel that due to the size, 

construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of 

safety. 

Public Interest, Public Safety, Public Benefit, and sUAV Safety Features

Public interest will be served through lower-cost UAS use as an alternative to expensive 

manned aircraft image capture making aerial photography available at a price point that serves 

a wider public audience than that of manned aircraft. Public interest is also served through the 

benefits of reduced cost, improved safety, and improved quality of image capture. The public 

interest is also served by the reduction in environmental impact of unmanned aircraft battery 

fuel vs. manned aircraft combustible fuel. 

Public safety is enhanced through the use of battery powered sUAV which are smaller, lighter 

and more maneuverable than manned aircraft and operate at lower altitudes with no souls on 

board, reducing aircraft risk levels, enhancing safety, and diminishing the likelihood of death or 

serious bodily injury. With a small payload and maximum flight time under 30 minutes, the 

commercial operation of sUAV by trained manned aircraft pilots offers little or no risk to 

national security or public safety. Non sUAV aerial inspections depend on conventional aircraft 

or humans climbing high on dangerous structures and working in treacherous conditions. The 

nature of identifying, observing, and measuring object(s) without coming into direct contact 

with them provides measures of safety not previously possible with manned aircraft. As part of 

its commitment to safety and innovation, Communi-cate, Inc. asks for this exemption in part, to 

reduce the risk of injury to its employees and contractors who participate in inspection 

activities that are often at dangerous heights, in disease-potential areas, and in treacherous 

terrain or difficult to access infrastructure vantage points. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) 

responsibilities to “... establish requirements for the safe operation of such aircraft systems in 

the national airspace system.” Section 333(c) of the FAA Modernization and Reform Act of 

2012. 

Public benefit is served through Communi-cate, Inc. offering mainstream, affordable, safe sUAV 

flight services by trained manned aircraft pilots trained in sUAV flying to the public sector, 

private industry, and existing clients. sUAV as a flight service is the next step in creating robust 

capabilities to accurately and safely inspect existing infrastructure while simultaneously 

improving the reliability of remote observation image capture services and reducing the risk to 
Communi-cate, Inc. Petition for Federal Aviation Administration (FAA) Exemption

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inspectors and observers. By granting Communi-cate, Inc.,’s requested exemptions, the FAA will 

help drive development of safe and successful commercial sUAV flight services that advance the 

understanding of the public for such operations. 

sUAV safety features include built-in capabilities to limit the altitude flown above ground level, 

to set the radius of the distance flown from the operators, to set the radius distance flown from 

Class B, C and D airspace, to set a failsafe autopilot function that triggers when communication 

between the remote control and the sUAV is lost or on manual trigger with the movement of all 

command sticks from the remote control move to a specific position. sUAV offer increased 

margins of safety over the use of manned aircraft for sample activities like electric power line 

inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography. 

Communi-cate, Inc. Commercial Flight Operations Purposes

This exemption request, once granted will allow Petitioner to operate a sUAV to conduct 

infrastructure inspections, flare stack inspection, utility-power generation system inspections 

and patrolling, aerial inspection, photography and videography of residential and commercial 

real estate, weddings, events, aerial inspection, photography and videography of utility 

infrastructure including but not limited to electrical power lines, wind turbines and cell towers, 

pipeline inspection and patrolling, outdoor filmmaking and cinematography, precision 

agriculture with on board sensors, wildlife and forestry monitoring and mosquito and insect 

control, aerial surveying, construction site inspection and monitoring, public entity support 

operations, aerial imaging for safety, monitoring and comparing work efforts and completion 

percentages, and security of controlled environment of various sites, aerial video and live video 

feed to assist with search and rescue operations under the authority and support of local 

authority officials, aerial video and photography for public and private use including television, 

public events, and cinematography live feed and live newsgathering, training to persons 

individually and to private/public organizations to increase awareness and improve safety for 

current and future UAS operations. 

Specifically, Communi-cate, Inc., plans to take advantage of the capabilities of UAS to offer 

client services in the following areas: 

• Aerial filmmaking and photography 

• Aerial surveying/mapping/reconnaissance 

• Educational and research operations 

• Event Photography/Videography 

• Infrastructure and facilities inspections and monitoring 

• Real estate photography 

• Remote sensing and observation for wildlife, forestry or agriculture purposes

Communi-cate, Inc. sUAV / UAS Flight Restrictions and Operating Standards

Communi-cate, Inc., petitions to be allowed to use sUAV for commercial purposes subject to all 

limitations cited in this application, all limitations cited in current FAA regulations, and all future 
Communi-cate, Inc. Petition for Federal Aviation Administration (FAA) Exemption

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limitations that evolve within the FAA regulations, currently including 

a. All flight operations will take place under the control of a pilot in command (PIC) that 

has been trained in sUAV flight as well as holding a minimum of a current sport pilot 

license and current airman medical certificate unless future FAA regulations deem this 

requirement unnecessary 

b. All flight operations will utilize a PIC and a visual observer (VO) as minimum crew and 

require PIC and VO to be constantly in Visual Line of Sight (VLOS) of one another at all 

times as well as be in verbal communication range; corrective lenses cited on PIC and 

VO U.S. driver's license or pilot's current airman medical certificate will be used 

c. All flight operations will be conducted with continuous VLOS of sUAV with either the PIC 

or VO 

d. All flight operations will be conducted by a PIC who shall have logged at least 25 hours 

of total time as a sUAV pilot with at least ten hours logged in a sUAV of similar make and 

model 

e. All flight operations will individually be made at a gross weight of 55 pounds or less 

f. All flight operations will take place in registered aircraft identified by serial number with 

N-number identification markings 

g. All flight operations will begin with an aircraft ground preflight inspection by the PIC and 

the aircraft and ground control station must be in a condition for safe flight from takeoff 

to landing 

h. All maintenance and alterations shall be documented in the aircraft maintenance record 

from time of purchase to time of retirement, and all manufacturer’s UAS 

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit 

requirements shall be abided 

i. All flight operations will occur at no more than 400 ft. AGL 

j. All flight operations will occur at an airspeed of no more than 87 knots and will never 

occur at an airspeed that exceeds the aircraft manufacturer's airframe recommended 

speed maximum 

k. All flight operations over private property will be done only if permission of the property 

owner is granted to Communi-cate, Inc. 

l. All flight operations will have any prerequisite required permits from state/local 

governments 

m. All flight operations will avoid densely populated areas , open-air assembly of people , 

and heavily traveled roads unless previous permissions and Certificates of Waiver or 

Authorization (COA) are sought and received 

n. All flight operations will abide by all FAA airspace requirements including distance from 

airports and heliports unless a specific COA has been sought and received 

o. All flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless operations do not present an undue 

hazard and 

a. barriers or structures are present that sufficiently protect nonparticipating 

persons from debris in the event of an accident with PIC and VO ensuring 

nonparticipating persons remain under such protection and if a situation arises 

where nonparticipating persons leave such protection and are within 30 feet of 
Communi-cate, Inc. Petition for Federal Aviation Administration (FAA) Exemption

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the sUAV, flight operations will cease immediately 

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

owner/controller has granted permission and/or the PIC has made a safety 

assessment and accepts the risk of operating closer to those objects 

p. Flight operations will be operated at sites that are a sufficient distance from populated 

areas 

q. Flight operations will be conducted in a way that does not create hazards to users of the 

NAS 

r. Flight operations will be conducted in a way that does not create hazards to the public 

s. Flight operations will give right of way given to all other manned aircraft / activities 

t. Flight operations will not be conducted from any moving device or vehicle 

u. Flight operations will not exceed 30 minutes between take off and landing 

v. Flight operations will be terminated at 25% battery power or higher 

w. Flight operations will not take place more than 200 feet above an elevated platform 

x. Flight operations will be operated within the blanket COA for 333 exemptions, 

specifically, 

a. flights at or below 200 feet for aircraft that weigh less than 55 pounds 

b. operate during daytime Visual Flight Rules (VFR) conditions 

c. operate within visual line of sight (VLOS) of PIC and VO 

d. stay distances away from airports or heliports 

i. 5 NM from an airport having an operational control tower; 

ii. 3 NM from an airport with a published instrument flight procedure, but 

not an operational tower 

iii. 2 NM from an airport without a published instrument flight procedure or 

an operational tower 

iv. 2 NM from a heliport with a published instrument flight procedure

y. Flight operations that result in any incident, accident, or flight operation that 

transgresses the lateral or vertical boundaries of the operational area as defined by 

the applicable COA will be reported to the FAA’s UAS Integration Office (AFS-80) 

within 24 hours. Additionally, accidents will be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web 

site: www.ntsb.gov 

Description of Type, Make and Models of sUAV/UAS Requested

The Petitioner seeks an exemption to commercially operate sUAV weighing 55 lbs or less 

including attached imaging and sensor payloads, specifically: 

• AeroVironment Qube 

• DJI Inspire 1 

• DJI Matrice 100 

• DJI Phantom 3 

• DJI Spreading Wings S1000