UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. _________________ 

In the Matter of Petition for Exemption of: 

N.K. Bhandari Architecture & Engineering, P.C. 

For an Exemption from the requirements of the 

Code of Federal Regulations Sections 

Concerning Operation of an Unmanned Aircraft System 

Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 

Submitted October 6, 2015 by: 

N.K. Bhandari Architecture & Engineering, P.C. 

Christopher Resig, President 

1005 West Fayette Street 

Suite 4A 

Syracuse, NY 13204 

Telephone: (315) 428-1177 

Fax: (315) 428-9822 

Email: cresig@nkbpc.com
Table of Contents 

1. Petitioner’s Description 

2. Relevant Statutory Authority 

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

4. Training and Proposed Operations 

5. Regulations from which Exemption is Requested 

6. Public Interest 

7. Privacy 

8. Publication Summary 

9. Conclusion 

Terminology/Acronyms Used in this Document 

AGL Above Ground Level 

ATO Air Traffic Organization 

COA Certificate of Waiver or Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulations 

GPS Global Positioning System 

IMU Inertial Measurement Unit 

NAS National Airspace 

NKB N.K. Bhandari Architecture & Engineering, P.C. 

NOTAM Notice to Airmen 

PIC Pilot in Command 

UAS Unmanned Aerial System 

VFR Visual Flight Rules 

VLOS Visual Line of Sight 

VO Visual Observer 

 
1) Petitioner’s Description 

N.K. BHANDARI Architecture & Engineering, P.C. (NKB) is an engineering and 

architecture consulting firm based in Syracuse, NY. For over 35 years, NKB has 

delivered outstanding investigation and design services including performing condition 

assessments for a broad spectrum of commercial, industrial, higher education, 

municipal, state, and federal government clients. In doing so, NKB has cultivated a deep 

respect and adherence to all local, state, and federal regulations as well as outstanding 

relationships with personnel in each organization with whom we have worked. 

NKB wishes to continue its ever evolving list of services with an exemption, pursuant to 

Section 333 of the Federal Aviation Administration (FAA) Modernization and Reform Act 

of 2012 (the Reform Act), from Federal Aviation Regulations (FARs) identified below, 

allowing commercial operations of small unmanned aircraft systems (UAS). 

The petitioner’s contact information is as follows: 

N.K. Bhandari Architecture & Engineering, P.C. 

Christopher Resig, President 

1005 West Fayette Street 

Suite 4A 

Syracuse, NY 13204 

Telephone: (315) 428-1177 

Fax: (315) 428-9822 

Email: cresig@nkbpc.com

2) Relevant Statutory Authority 

This petition for exemption is submitted to fulfill Congress’ goal in passing Section 333 

(a) through (c) of the Reform Act. Congress has directed the FAA “to safely accelerate 

the integration of civil unmanned aircraft systems into the national airspace system.” 

Pursuant to Section 333 of the Reform Act, the FAA Administrator is to consider 

whether certain UAS may operate safely in the National Airspace (NAS) before 

completion of the formal UAS rulemaking, 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 operator. 

Pursuant to 49 U.S.C. § 44701 (f), the FAA Administrator has authority to grant 

exemptions if the request is found to be in the public interest. 

 
3) 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 statutory criteria and other potential 

relevant factors are satisfied. 

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

under controlled conditions in airspace that is: (1) identified; (2) predetermined, and; (3) 

controlled as to access. The use of UAS would also provide a higher level of safety than 

exists when investigation and assessment professionals are asked to gain access to 

elevated locations via boom lift, swing scaffolding, boatswain’s chair, or rope access, 

and is therefore in the public interest. 

The UAS to be used weighs less than 3.5 pounds, including payload. Operation of the 

aircraft will be limited to use during ideal weather conditions (good visibility, no 

precipitation, and winds under 15 knots). The aircraft has the ability to hover and move 

in the horizontal and vertical planes simultaneously. The UAS will be operated at 

speeds less than 27 knots. At all times, the UAS will be operated within visual line of 

sight (VLOS) of the Pilot In Command (PIC) with the aid of a Visual Observer (VO). 

4) Training and Proposed Operations 

I. Training 

NKB has established a training program for the PIC and VO. The PIC will be an FAA 

licensed airman with a minimum of a sport pilot certificate and a valid drivers license. 

The VO will assist the PIC in all UAS operations from the onset of training and hold 

considerable knowledge in the use and maintenance of UAS. The PIC training will 

involve 25 hours of UAS flight training. This training will include 250 flight cycles 

(takeoffs and landings) and at least 10 of the 25 hours will involve the DJI Phantom 2 

that will be used in NKB’ proposed UAS operations. All pilot training will be documented 

in the NKB Pilot and Aircraft Logs. 

II. Proposed Operations 

Proposed UAS operations by NKB would be limited to certain projects whose location is 

suited for the safe use of the UAS. The use of the UAS will be evaluated prior to and 

specifically for each project’s vicinity. NKB seeks to use UAS in its ever-evolving 

inspection and facility condition assessment services. The requested exemption would 

allow NKB to provide inspection services to consumers interested in aerial data capture 

using a small, technologically advanced UAS for: 

 Buildings 

 Roads and Bridges 

 Chimneys 

 Dams 
 Other infrastructure 

The proposed operations will occur over private and/or controlled access property with 

the owner’s prior consent. In the event operations will be conducted over public lands, a 

pre-determined area will be identified and all permissions will be acquired from official 

personnel and affected organizations. The area for operations will be pre-determined, 

limited, and controlled as to access. 

All operations will follow parameters set forth in the NKB Flight Operations Manual as 

follows: 

 With an FAA granted exemption, NKB will obtain an Air Traffic Organization 

(ATO) issued Certificate of Waiver or Authorization (COA) for each UAS 

operation. In accordance with the COA, NKB will request a Notice to Airmen 

(NOTAM) not more than 72 hours in advance, but no less than 48 hours prior 

to the operation. 

 All UAS operations will involve a minimum of two (2) NKB personnel, 

consisting of the PIC and VO. 

 Flights will only occur in favorable weather conditions during daylight hours. 

Weather affecting operations include, but are not limited to, low light 

conditions (dawn/dusk), precipitation, wind above 15 knots, limited visibility 

due to fog or clouds, and lightning. 

 All UAS flights will remain in visual line of sight (VLOS) at all times. 

 When flights occur within 5 nautical miles of an airport reference point, NKB 

will obtain a letter of agreement with the airport’s management and conduct 

operations in accordance with a NOTAM, as required by the approved COA. 

 UAS flights will be terminated at 30 minutes or when battery power is reduced 

to 25%, whichever comes first. 

 The UAS is programmed to not fly above 400 feet above ground level (AGL). 

 When necessary, the UAS may also be programmed to not fly outside of a 

designated, controlled area. 

 PIC will be an FAA licensed airman with a minimum of a sport pilot certificate 

and a valid U.S. drivers license. 

 The UAS will weigh less than 3.5 pounds including payload. 

 The UAS will operate at speeds under 27 knots. 

 The UAS has the capability to hover in place, and move in the horizontal and 

vertical planes simultaneously. 

 The PIC will routinely reference the NKB UAS Flight Checklist during 

operations to ensure the maintenance and airworthiness of the aircraft, and to 

ensure general safety during flight operations.

 NKB will follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements. 

 
III. Unmanned Aircraft System 

NKB’s proposed UAS operations would use a Phantom 2 quadcopter with a Zenmuse 

H3-2D camera gimbal, both manufactured by DJI. The Zenmuse H3-2D camera gimbal 

will hold one of two configurations: a) GoPro Hero 4 for capturing photographs and 

video or b) FLIR Quark 2 module with a closed circuit camera for capturing infrared and 

visual spectrum images simultaneously. The total weight of the Phantom 2 including 

payload in its heaviest configuration is 3 pounds, 3 ounces. 

The aforementioned Phantom 2 utilizes the DJI Naza-M V2 flight control system. The 

aircraft has the capability to hover, and move in the vertical and horizontal plane 

simultaneously. The aircraft is equipped with a global positioning system (GPS), Inertial 

Measurement Unit (IMU), and Compass that work in unison to stabilize the aircraft and 

provide safety features. The aircraft can be programmed to not fly above 400 feet AGL 

and to not fly outside of a pre-determined flight zone. These systems will also initiate the 

failsafe function. If the aircraft loses the signal from the transmitter, the GPS system will 

automatically initiate the failsafe mode and fly the aircraft back to a pre-determined 

location and land automatically. 

5) Regulations from which Exemption is Requested 

NKB seeks exemption of the following FAR’s 

I. 14 CFR Part 21, Subpart H: Airworthiness Certificates and 14 CFR § 

91.203(a)(1) 

II. 14 CFR § 61.56 Flight review 

III. 14 CFR § 61.113: Private pilot privileges and limitations: Pilot in command 

IV. 14 CFR § 91.7(a): Civil aircraft airworthiness 

V. 14 CFR § 91.119(c): Minimum safe altitudes 

VI. 14 CFR § 91.121: Altimeter settings 

VII. 14 CFR § 91.151(a): Fuel requirements for flight in VFR conditions (day) 

VIII. 14 CFR §§ 91.405(a): Maintenance required; 91.407(a)(1): Operation after 

maintenance, preventative maintenance, rebuilding, or alteration; 91.409(a): 

Inspections; 91.417 (a)(b): Maintenance records 

a) 14 CFR Part 21; Subpart H: Airworthiness Certificates and 14 CFR 

§91.203(a)(1) 

NKB requests an exemption from 14 CFR Part 21, Subpart H, which establishes the 

procedures for attaining airworthiness certificates required by 14 CFR § 91.203(a)(1). 

The Reform Act allows the FAA to exempt aircraft from the requirement of an 

airworthiness certificate in consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular UAS. 

Equivalent Level of Safety 
The UAS to be operated is the DJI Phantom 2, weighs less than 3.5 pounds including 

payload, carries no pilot or passengers, carries no flammable liquid fuels, and operates 

within a pre-determined flight zone. Furthermore, the PIC and VO will determine the 

airworthiness of the Phantom 2 prior to each flight, by adhering to safety guidelines set 

forth in the Phantom 2 User Manual, the NKB Flight Operations Manual, and the 

NKB UAS Flight Checklist. 

b) B. 14 CFR § 61.56: Flight review 

NKB requests exemption from 14 CFR § 61.56, which subjects the pilot in command 

(PIC) to flight review requirements consisting of one (1) hour of flight time in an aircraft 

in which the PIC is rated on his or her pilot certificate and one (1) hour of ground 

training. The flight review requirements set forth in 14 CFR § 61.56 would have little 

relevance to the safe operation of the small UAS intended for use in NKB’s operations. 

Equivalent Level of Safety 

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

Phantom 2 User Manual and the NKB Flight Operations Manual. The NKB Flight 

Operations Manual requires the PIC to be subject to test, or currency flights, in 

between and leading up to official operations to ensure skills and safety. Currency 

flights will occur on a monthly basis, as needed, and consist of at least one (1) hour of 

flight with the DJI Phantom 2, including at least 10 take-offs and landings. 

c) C. 14 CFR § 61.113: Private pilot privileges and limitations: Pilot in command 

NKB requests an exemption from 14 CFR § 61.113, limiting private pilots to noncommercial operations. However, the UAS will not carry pilots, passengers, or any living 

thing and be restricted to a flight zone that is predetermined and controlled as to 

access. The risks associated with the UAS operations are far diminished from the risks 

associated with commercial operations envisioned by 14 CFR Part 61, when drafted. 

Equivalent Level of Safety 

Proposed UAS operations will obtain an equivalent level of safety, as the aircraft will 

carry no living thing on board. The level of safety provided by the requirements set forth 

in the NKB Flight Operations Manual exceeds that provided by a single individual 

holding a commercial pilot certificate operating a conventional aircraft. 

d) D. 14 CFR § 91.7(a) Civil aircraft airworthiness 
NKB requests an exemption from 14 CFR § 91.7(a), which requires that civil aircraft be 

in airworthy condition to be operated. Since the Phantom 2 has no airworthiness 

certificate, there is no regulatory standard for determining the airworthiness of the UAS. 

Equivalent Level of Safety 

In accordance with 14 CFR § 91.7(b), the PIC will determine whether the UAS is in a 

condition for safe flight by complying with procedures in the Phantom 2 User Manual, 

the NKB Flight Operations Manual, and the NKB UAS Flight Checklist. 

e) E. 14 CFR § 91.119(c) Minimum safe altitudes 

NKB requests an exemption from 14 CFR § 91.119(c), which establishes minimum safe 

altitudes “over other than congested areas,” in which an aircraft below 500 feet AGL 

may not operate closer than 500 feet to any person, vessel, vehicle, or structure. In 

order to provide the intended inspection services, the UAS will be operated below 500 

feet AGL and closer than 500 feet to persons, vessels, vehicles, and structures. 

Equivalent Level of Safety 

Operation of the UAS is safer than traditional aircraft due to its small size, light weight, 

lack of flammable fuel, and limited speed. Additionally, no flight will occur without the 

permission of the property owner or local officials. With advanced notice given, all 

property owners and affected persons will be aware of all UAS operations. The UAS will 

be operated in a restricted and controlled area. Under no circumstances will the UAS be 

operated so close to persons, vessels, vehicles, or structures as to present an undue 

hazard. 

f) F. 14 CFR § 91.121: Altimeter settings 

NKB requests an exemption from 14 CFR § 91.121, which states that when operating 

below 18,000 feet MSL, aircraft not equipped with a radio shall set an altimeter to the 

elevation of the departure airport or an appropriate altimeter setting available before 

departure. An exemption is required because the UAS is not equipped with a userconfigurable barometric altimeter. 

Equivalent Level of Safety 

Complying with the pre-flight procedures in the Phantom 2 User Manual and verifying 

the GPS altitude before each flight will provide an equivalent level of safety. During 

flight, the Phantom 2 provides an Above Ground Level (AGL) reading in relation to its 

takeoff location. The altitude will be closely monitored during flight, keeping the UAS 

below 400 feet AGL, ensuring operations at safe altitudes. Furthermore, the UAS will 

remain within VLOS of the PIC and VO at all times. 

g) G. 14 CFR § 91.151(a): Fuel requirements for flight in VFR conditions (day) 
NKB requests an exemption from 14 CFR § 91.151(a), which states than no person 

may begin a flight unless there is enough fuel to fly to the first point of intended landing 

and, assuming normal cruising speed to fly after that for at least 30 minutes. The battery 

powering the Phantom 2 provides approximately 25 minutes of total flight time. It is 

therefore impossible for the UAS to meet the requirement of this section. 

Equivalent Level of Safety 

Planning all flights with the intent to land after 30 minutes or at 25% battery power 

remaining, whichever comes first, will provide an equivalent level of safety. Additionally, 

unlike traditional aircraft, the UAS will always be within VLOS of the PIC and will have 

no significant transit time to or from the landing area. NKB will only operate the UAS in 

daytime conditions, visual flight rules, and within VLOS. 

h) 14 CFR §§ 91.405(a) Maintenance required; 91.407(a)(1) Operation after 

maintenance, preventative maintenance, rebuilding, or alteration; 91.409(a) 

Inspections; 91.417(a) and (b) Maintenance records 

NKB requests an exemption from the maintenance and inspections requirements of 14 

CFR § 91.405(a), 91.407(a)(1), 91.409(a), and 91.417(a) and (b). These regulations 

apply to maintenance of aircraft holding an airworthiness certificate, which the Phantom 

2 does not have. Therefore an exemption is required. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved by ensuring that the UAS is in working 

order prior to initiating flight, performing required maintenance, and keeping a log of any 

maintenance performed. All maintenance and inspections will be performed in 

accordance with the Phantom 2 User Manual and the NKB Flight Operations 

Manual. 

6) Public Interest 

An exemption for NKB to use UAS commercially would help to fulfill Congress’ goal in 

assessing whether certain UAS may operate safely in the NAS. 

The exemption is in the public interest as it offers a safer and more cost-effective option 

than other traditional inspection methods for performing facility condition assessments 

and inspections of buildings, site development, chimneys, stacks, bridges, roads, dams, 

and other infrastructure. 

The use of a small, relatively inexpensive, and lightweight UAS offers a safer alternative 

to boom lift, swing scaffolding, or boatswain’s chair methods. Such methods put human 

climbers on these structures, exposing them to the inherent risks of working at extreme 

heights. A small UAS is also a safer alternative method than the use of articulating 
boom cranes for under-bridge inspections. These methods subject human operators to 

the risk of falls from height, entrapment due to mechanical failures, and the dangers of 

moving traffic nearby. Furthermore, these methods require coordination to close traffic 

lanes, reducing traffic flow. Vehicles, including the boom truck and associated work 

vehicles, are parked in lanes directly adjacent to moving traffic putting public motorists 

and workers at increased risk. 

Lastly, UAS operations would provide a higher level of safety than inspection services 

for buildings, chimneys, bridges, stacks, roads, dams, and other infrastructure utilizing 

manned aircraft. Such operations put pilots and crewmembers at risk. Lightweight and 

powered by batteries, the UAS provides a much safer option than that of a large and 

extremely heavy aircraft laden with highly flammable fuel. 

7) Privacy 

As mentioned above, all flights will occur in an area that is pre-determined, limited, and 

controlled as to access. Privacy will not be an issue where flights occur over private 

property. In the event flights will occur over public lands, prior permission will be 

requested from all official personnel and organizations relevant to the pre-determined 

flight zone. Additionally, notices will be posted along the perimeter of the flight area to 

inform the general public of the flight activities taking place within the designated 

perimeter. 

8) Publication Summary 

The petitioner, N.K. BHANDARI ARCHITECTURE & ENGINEERING, P.C., seeks 

exemption from the following rules to commercially operate UAS in the National 

Airspace for inspections of: (1) buildings, (2) building site development, (3) chimneys & 

stacks, (4) bridges and roads, (5) dams & other water structures, and (6) other 

infrastructure. 

14 FR Part 21, Subpart H: Airworthiness Certificates and 14 CFR § 91.203(a)(1)

14 FR § 61.56 Flight review 

14 CFR § 61.113: Private pilot privileges and limitations: Pilot in 

command 

14 CFR § 91.7(a): Civil aircraft airworthiness 

14 CFR § 91.119(c): Minimum safe altitudes 

14 FR § 91.121: Altimeter Settings 

14 FR § 91.151(a)(1)(2): Fuel requirements for flight in VFR conditions (day) 

14 CFR §§ 91.405(a): 

 91.407(a)(1): 

 91.409(a): 

 91.417(a)(b): 

Maintenance required; 

Operation after maintenance, preventative 

maintenance, rebuilding, or alteration; 

Inspections; 

Maintenance records