July 30 , 2015

Manager, Flight Standards Service Unmanned Aircraft Systems Integration Office

Federal Aviation Administration 800 Independence Avenue, SW Nicholas Severin Phoenix High Temperature Repair LLC

. 19968 East Loyola Place
Aurora, CO 80 013 (720) 412

- 4083 nick.severin@hightemprepair.com

Washington, DC 20591 www.hightemprepair.com

U.S. Department of Transportation, Docket Operation West Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, SE Washington,

DC 20590

Re: Request for exemption from multiple regulatory provisions to allow the use of small unmanned aerial syste ms on land controlled by Phoenix High Temperature Repair LLC (PHTR ) to assist in the safe evaluation of infrastructure and operations for our clients.

To whom it may concern,

Phoenix High Temperature Repair LLC. Respectfully requests an exemption from several provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial systems (sUAS) to assist in the evaluation of infrastructure and operations for our clients. This request is motivated primarily by the desire to maximize safety in infrastructure and operations. While an exemption would not eliminate the

current need for in

- person visu al inspection required by various federal regulatory departments, it would allow PHTR to broadly evaluate assets and operations with sUAS, resulting in a safer and more efficient infrastructure network. Accordingly, the grant of an exemption is consistent with Congress’ intent, reflected in Section 333 of the FAA Modernization and Reform Act of 2012 (Modernization Act), 1 that safe systems be permitted in the national airspace prior to the issuance of final regulations governing general use of these systems. 2 A summary of this request suitable for publication in the Federal Register is provided as Appendix A.

Appendix B provides the manufacturers information regarding the design, aircraft performance, and fail

- safe features. We have provided manufacturer information related to operating limitations, normal and emergency procedures, and maintenance and inspection procedures. As we add aircraft designs, we will update this appendix appropriately.

Appendix C provides Phoenix High Temperature Repair LLC O perations Manual for flights covered under this Exemption Request.

1 P.L. 112

- 95, 126 Stat 11, February 14, 2012.2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate of waiver upon a finding that a type of UAS, as a result o f its size, weight, speed, operational capacity, proximity to airports and populated areas, and operations within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to national security. Background Information

PHOENIX High Temperature Repair, LLC provides high temperature repair, maintenance, and non

- destructive inspection to the oil Refining and power generation industries throughout North America & Maintaining Mission Spec ific sUAS for our

clients. PHTR C lients look to us for Safe Operations of sUAS. We have developed specific PHTR Safe UAV Operational Procedures. Increasingly, we have clients looking to operate sUAS for Infrastructure Safety & Maintenance Inspections.

Maintenance and Safety Inspect ion Operations : Utility Inspection

Flare stack Inspection Pipeline Inspection

Oil

- Field Inspection Petro/Chemical/Manufacturing Inspection Power Generation Component and site Inspection

As part of this PHTR is requesting FAA Exemption for sUAS operations for safety, inspection and video capture usage.

Regulatory Basis for Exemption Request In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may grant an exemption under 49 U.S.C. §44701(f) if it has determined that su ch an exemption is in the public interest. The FAA has imposed a separate requirement in its procedural regulations, providing that the petitioner shall explain why granting the exemption would not adversely affect safety or how the exemption would provide at least an equivalent level of safety as compliance with the underlying regulation. In this case, approval of this exemption would advance the public interest by significantly enhancing the safety and efficiency of infrastructure operations and by provi ding the FAA with valuable user experience on sUAS in a context with appreciable economic and societal benefits. As described more fully below, the requested exemption would permit the operation of sUAS under tightly controlled conditions, thus ensuring th at operations will not have an adverse impact on safety. To the contrary, as explained below, PHTR anticipates that use of sUAS wi ll enhance safety in Industrial maintenance operations. Granting an Exemption is in the Public Interest. The safety and effic iency of

maintenance operations is heavily dependent upon constant analysis of assets, right

- of

way, infrastructure and other assets/facilities. There are a wide variety of factors that can

affect conditions and c ause problems for Oil and Energy industry

. Even relatively small objects or minor failures can lead to accidents or other incidents ca using downtime of Oil and Power Production facilities. Component and manufacturing plant failure events can lead loss of production but safety hazards for local popu lations and on site workers aswell . For example Crude Boiler failure s , Power plant pollution issues and energy

infrastructure failure.

As a result, pursuant to federal regulations and company policy, our client’s maintenance employees routinely inspec t the infrastructure, such as Coal Furnaces

, Boilers and Flare
Stack’s , support structures. At present, this work is done primarily by our client’s company personnel in person with inadequate data collection and safety equipment. This

is often a labor

- intensive and dangerous job. Whi le our clients do attempt to make these inspections as safe as possible, there is an irreducible element of risk involved whenever employees are required to go into confined space or out high on structures. Employees may need to climb over or onto str uctures, which can be slippery, rough, and/or exposed

them to the extreme levels of heat and toxins. Some structures, such Flare Stacks , are high above the ground. Equipment moving through inspection zones can increase risk as well, especially in high

- traffic are as. While the use of sUAS for supplemental structural

and component asset evaluation would not eliminate these risks entirely (as it is an additive safety measure), it would reduce the risks to employees by allowing for remote

aerial review.

Additiona lly, the sheer amount of assets and the widely dispersed lo cations

– in many instances are too large or dangerous

– mea ns that visual inspection in many instances by company personnel can be inefficient. Aerial analysis by traditional fixed wing a ircraft is impractical because the required altitudes for safe flight reduce visibility below meaningful levels

– it is simp ly not possib le to see all maintenance anomalies from such heights. Helicopters present better vantage points; however manned helicopters are much more costly, subject to human safety and carry highly explosive jet fuel making them impractical or impossible for deployment in these areas . By using sUAS for

sup plemental asset evaluation, PHTR will be able to substantially upgrade its capacity to

detect and address issue s with O il and Power G eneration facilities before they become a problem for safe operations. Thus, the use of sUAS has the potential to improve efficiency, resulting i n faster and safer delivery of Petroleum products and energy vital to the U.S. economy.

Granting an Exemption will not adversely affect Safety

PHTR notes that there is no applicable standard for an equivalency determination. Some have argued that the appropriate standard is that for model aircraft, noting that their operations, if co nducted for recreational purposes, would fall completely within the allowable operations for model aircraft. We believe it is difficult to argue that there is sufficient correlation between model operations controlled by the Academy of Model

Aeronautics an d the ones contemplated by PHTR . At the same time, it is clear that equivalency cannot be established for traditional, manned civil aircraft because the design and use profiles between traditional aircraft and sUAS are simply too different. As such,

we bel ieve it makes more sense to focus on why the contemplated operations would not adversely affect safety, which is all that §11.81(e) requires.Granting an exemption will n ot adversely affect safety. PHTR contemplates conducting

sUAS operations over clien t owned or controlled land, solely during daylight hours, at altitudes well below that which would pose a risk to other aircraft. In general, sUAS operations are intended to be conducted in areas distant from both congested areas and airports. Moreover, be cause of the inherent risks presented by standard infrastructure operations, our clients have already taken steps to secure property against unauthorized public access. For example, substantial stretches of pip eline, utilities, oil refineries and

power produ ction sites are fenced, elevated, or otherwise secured to prevent access. Other long stretches of infrastructure are, as noted above, in very remote areas. The nature o f operations anticipated by PHTR requires that the sUAS be flown at relativel y low altitudes and relatively low speeds. P HTR expects that in most instances, the sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS. Accordingly, the risk of interference with another aircraft is minimal. PHTR als o plans to

conduc t sUAS operations at least five miles from any public airports (including heliports). In the event an operation needs to be conducted closer to an airport, PHTR will inform the airport operator and airport air traffic control tower of the contemplated operation and will comply with any directions issued by air traffic control at that airport.

Approval of exemptions allowing commercial operation s of sUASs in the industrial aerial inspection industry will enhance safety by reducing r isk. Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subject being inspected and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the inspection site. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virt ually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the inspection site. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks

associated with manned airc raft flights.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including 333 Aircraft Exempti on Status exempting the applicant from conventional aircraft requirements and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far safer than conve ntional operations conducted with turbine helicopters operating in close proximity to the ground and people.

The safety of those on the ground is protected by the fact that no one will be allowed into the area without the permission of the company. Secu rity will be established for the flight area as part of the pre

- flight control. Each individual within the secure area will be briefed prior to flight and will consent to being in the area. All others will be excluded

from the area.PHTR initially inten ds to use a dedicated staff for sUAS operations. All operations will

be within visual line

- of

- sight (i.e., no more than approximately 0.5 miles from the manipulator of the controls, or pilot in command (PIC)). Each PIC will conduct at least

three take

- offs and landings with the sUAS on which he or she is trained every 90 days. PIC’s will establish their qualifications thru a combination of knowledge, U AS ops, airmanship, skills, and verification through testi ng of flight ability before operations

have commenced. Depending on the type of operation, additional ground

- based visual observers may be employed as well. These observers will be within constant visual line of sight and i n constant contact with the PIC. The visual observers will assist the PIC in avoiding objects near the sUAS

.

There are no standards for either Private or Commercial sUAS pilot certificates. The safe operation and control of the UAS as described in this application does not depend on the type of FAA license held by the PIC. Given the restricted and controlled airspace within which operations will take place, the k ey factors needed by the PIC have knowledge of the airspace within which the operation will ta ke place and how that airspace fits into the National Airspace System (NAS). That knowledge can be and is gained primarily through ground school and not through flight training in fixed wing or rotor aircraft, nor is it dependent on the acquisition of a co mmercial or private pilot’s certificate. Those certificates demonstrate knowledge of the factors and skills needed for the safe operation of those types of aircraft (fixed wing or rotorcraft). It cannot be assumed that a commercial pilot, approved to opera te a helicopter or fixed wing aircraft, has the skill or ability to safely operate a small unmanned aerial vehicle, operating at 400 AGL or lower, within strictly controlled pre

- approved airspace. Besides knowledge of airspace regulations, dexterity in the control and operation of the sUAS acquired from actual operation of the aircraft is the most important factor in establishing an equivalent level of safety.

If the PIC has acquired the necessary knowledge of airspace requirements, the relevant

issues are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what is being used today to accomplish the same mission, and (3) what precautions will be taken to ensure the safety of those in the area of operation. We propose that the P IC has at least completed PHTR pilot training course and the aircraft to b e operated within a secure environment; and that no one be allowed to enter the secure environment unless they are part of the operation, have been fully briefed of th e risks prior to operation of the sUAS, and have consented to the risks associated with being in the operating area. Should there be a mishap, the sUAS being flown pose significantly less of a threat than the helicopters and fixed wing aircraft now being e mployed because they are a fraction of the size, carry no flammable fuel, do not carry crew or passengers, and pose an infinitesimal risk to others. This is in stark contrast to conventional aircraft that are flown to the site, carry explosive fuel, carry passengers and crew, and operate in a much larger area.

From a practical standpoint, there are relatively few licensed full

- scale aircraft pilots who are also qualified to fly the type of sUAS that are utilized for asset image

- capture operation s. There are even fewer commercial pilots that can fly these sUAS

– to the pointthat to do both is considered rare. Assuming that it is unlikely for a compa ny to find a

pilot that has any of qualifications, that company would either have to source a qualifi ed sUAS pilot to train and obtain a commercial certificate, or find a commercial certificated pilot who would be willing to learn to fly a sUAS to the competency level required for professional use.

Minimum requirements for the PIC include: 1) Certified company trained Pilot

. 2) A minimum of 50 flight cycles and 25 hours of total time as a sUAS rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS type (single blade or multirotor); 3) A minimum of 5 hours as sUA S pilot with the make and model of sUAS to be utilized for operations under the exemption and 3 take offs and landings in the preceding 90 days;
4) Have undergone a qualification process as specified in the Flight Operations & Procedures Manual consisting o f a knowledge & skill te st of the aircraft to be

us ed. And passes all drug screening, TWIC process and background standards.

Another consideration supporting the certificate requirement is that any pilot hol ding a

company Pilot Certificate are subject to security screening by the Department of Homeland Security. This requir ement should ameliorate security concerns over UAS operations under this exemption.

PHTR intends to use commercially available sUAS Components for sUAS. These sUAS systems will be tested for quality & safety in our test facility before being deployed t o the field. The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a secured area. We have a routine maintenance schedule to verify that the sUAS will remain in safe and operational condition. Please see Appendix B , for Specific Types of sUAS.

Notes Regarding: 14 C.F.R. Part 21, Subpart H In accordance with the statutory criteria provides in Section 3 33 of PL 112

- ­­95 in

reference to 49 US C 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its oper ation, we request that this aircraft exemption me ets the conditions of Section 333. Therefore, if granted Section 333 relief of 14 CFR part 21, and any associated noise certification and t esting requirements of part 36, i s not necessary.

Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft
Given the size of the sUAV, two

- inch lettering will be impossible. UAS will be identified

B y serial number, reg istered in ac cordance with 14 CFR part 47, and have id entifica tion (N

- ­­Number) marking in accordance with 14 CFR part 45, Subpart C. Ma rkings will be as large as practicable.Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

PHTR ’s request is based on the fact that no airworthiness certificate will be issued for the

UAS. PHTR ’s UAS will not require an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. Based o n the fact that an airworthiness certificate will not be issued, exemption from § 91.7(a) is not necessary.

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard Certifications required, the original intent of these regul ations was to display an aircraft’s airworthiness, certification, and registration documents so they would be easily available to inspectors and passengers. Based on the FAA Memorandum subject “Interpretation regarding whether certain required documents ma y be kept at an unmanned aircraft’s control station,” dated August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) and 91.203(a) and (b) is not necessary.

Notes regarding : §91.109 Flight instruction; Simulated instrument & certain flight tests

S mall UASs, by their design, do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via

radio communications. Aircraft being considered for use by PHTR allow the UAS

I nstructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the event of the student losing control, the UAS Instructor can quickly and via alternate equipment (equipment not in the hands of the student) place the aircraft into a mode that then allows the instructor to bring the aircraft back into control and back to the predetermined and/or safe landing location.

PHTR does not describe training scenarios in which a dual set of controls would be utilized or required, i.e. dual f light instruction, provided by a flight instructor or other

company

- designated individual that would require that individual to have fully

functio ning dual controls. Rather, PHTR evaluates the qualification of its PICs based on their experience with the U AS to be operated and verifies through testing, in lieu of

fo rmalized training. As such, PHTR does not seek relief from 14 CFR § 91.109.

Notes Regarding § 14 CFR 91.119(b) Relief from § 14 CFR 91.119(b), operation over congested areas, is not applicabl e,
Because the PTHR ’s operations will only be conducted within the secured area described

herein.

PHTR ’ s Safety Operations & Procedures Overview:

Technology Considerations:

Best

- in

- class, tried and proven technologies that are in advanced iterations. Software from highly

- reputable industry partners will include features

- 1. Auto descent (landing) if communication signal were to be severed. If the sUAS loses communications, the sUAS will have capability to return to a pre

- determined

location within the Security Perimeter and land.2. Auto descent (landing) if battery were to drop lower than nominal level.

3. Flights will be terminated at 25% battery power reserve.

4. Live video for operator gives real

- time positioning feedback. In other words, we

can monitor the scene from the vehicle's perspective for collision avoidance, and to maintain spatial orientation.

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

6. On

- Screen

- Display (OSD) contains operating inform ation to ascertain vehicle health at all times: speed, altitude, number of GPS satellites (when available), heading and voltage.

7. GPS lock supplies for return

- to

- home (RTH). Should Command and Control (C2) link failures occur (highly improbable), vehicle r eturns automatically to the point

of launch.

8. Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

screen display. This altitude information will be g enerated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confir med for accuracy by the pilot.

Mechanical/Physical:

1. We will fly line

- of

- sight (LOS) only. The vehicle will always remain in direct LOS to the pilot, thus eliminating the concern of signal severance (flying behind objects/walls).

2. The sUAS will weigh le ss than 55 lbs and travel at less than 50 knots.

3. Batteries should far exceed the capacity required for actual flight time.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Fireproof bags for storage and charging of high capacity L ipo batteries on

- site.

6. UA operated under this exemption will be marked in accordance with 14 CFR part 45 or as otherwise authorized by the FAA.

Personnel:

1. Spotters ensure safe operation an d act as a redundant set of eyes for operators ( Pilot , gimbal op, director)

2. Radio spectrum analysis for interference on the frequencies utilized for vehicle

control/communication.

3. A briefing will be conducted in regard to the planned sUAS operations pri or to each day’s activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 4. The operator will obtain the consent of all persons involved in the sUAS opera tions and ensure that only consenting persons will be allowed within 100 feet of the flight operations.

5. Observer and pilot will at all times be able to communicate by voice.

6. Written and/or oral permission from the relevant property holders will be obtai ned. 7. Pilot and observer will have been trained in operation of UAS generally and received up

- to

- date information on the particular UAS to be operated.Operations:

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), including energy so urce(s) and equipment. Operations authorized by this petition of exemption are limited to the following aircraft described in Appendix B. Proposed operations of any other aircraft will require a new petition or a petition amendment to this request.

2. The UA may not be flown at a ground speed exceeding 50 knots.

3. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC must be in feet AGL.

4. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued

medical certi ficate.

5. All operations must utilize a visual observer (VO). 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.

6. The operator’s manua l included as Appendix C and this petition of exemption must be maintained 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 operator’s manual, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operator’s manual.

The operator may update or revise its operator’s manual. It is the operator’s

re sponsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment. If the operator determines that any u pdate or revision would affect the basis for which the FAA grants this petition for exemption, then the operator must petition for amendment to their exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operator’s

manual. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.The Ground Control Station, if utilized, must be included in the preflight inspection. All maintenance and alterations must be properly documented in the

aircraft records.

7. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight in accordance with the operator’s manual. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and aircraft record entry must be added to the operator’s manu al.

8. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/component/overhaul, replacement, and inspection/maintenance requi rements must be established and identified in the operator’s manual. At a minimum, requirements for the following must be included in the operator’s manual:

a. Actuators / Servos;

b. Transmission (single rotor);

c. Powerplant (motors);

d. Propellers;

e. Electronic s peed controller;

f. Batteries;

g. Mechanical dynamic components (single rotor);

h. Remote command and control;

i. Ground control station (if used); and j. Any other components as determined by the operator;

10. The Pilot In Command (PIC) must possess at least Compan y Pilot certificate. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

11. Prior to operations conducted for the purpose of infrastructure inspections, the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours of total time as a UAS rotorcraft pilot and at least 10 hours log ged as a UAS pilot with a similar UAS type (single blade or multirotor). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under this petition of exemption to accomplish the required flight cycles and flight time. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and thePIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

12. Prior to operations conducted f or the purpose of asset inspection, the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of five hours as UAS pilot operating the make and model of UAS to be utilized for operations under the exemption and three take

- offs and three landings in the preceding 90 days. Training, proficiency, experience building, and take

- off and landing currency flights can be conducted under this petition of exemption to accomplish the required flight time and 90 day currency. During training, proficiency, experience

- building, and take

- off and landing currency flights all person s not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

13. Prior to any flight operations authorized by this petition of exempt ion, the PIC and VO must have successfully completed a qualification process, as outlined in the operator’s manual. As this is a requirement stipulated by the operator, the test must be developed and implemented by a qualified person designated

at the sole discretion of the operator. A record of completion of this qualification process must be documented and made available to the Administrator upon request.

14. Prior to operations conducted f or the purpose of asset inspection, a flight

demonstration , administered by an operator

- approved and

- qualified pilot must be successfully completed and documented. This documentation must be available for review upon request by the Administrator. Because the knowledge and airmanship test qualifications have been developed by the operator, and there are no established practical test standards that support a jurisdictional FAA FSDO evaluation and approval of company designated examiners, the petitioner will conduct these tests in accordance with the operator’s manu al.

15. The UA may not be operated directly over any person, except authorized and consenting personnel, below an altitude that is hazardous to persons or property on the surface in the event of a UAS failure or emergency.

16. Regarding the distance from p articipating persons, the operator’s manual has safety mitigations for authorized and consenting personnel. At all times, those persons must be essential to the operations.

17. Regarding distance from nonparticipating persons, the operator must ensure that no persons are allowed within 500 feet of the area except those consenting to be involved and necessary for the infrastructure inspection operations. This provision may be reduced to no less than 200 feet if it would not adversely affect safety and

the Ad ministrator has approved it

.18. For example, an equivalent level of safety may be determined by an aviation safety inspector’s evaluation of the infrastructure inspection area to note terrain features, obstructions, buildings, safety barriers, etc. Such barri ers may protect nonparticipating persons (observers, the public, news media, etc.) from debris in

the event of an accident.

19. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre

- determined location within the security per imeter and land or be recovered in accordance with the operator’s manual.

20. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual.

21. Each UAS operation must be completed with 25% bat tery power remaining.

22. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this petition of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

23. All aircraft operated in accordance 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. The operator must develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance , alterations, status of replacement/overhaul component parts, and the total time in service of the UAS. These procedures must be added to the operator’s manual.

25. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

26. The operator must develop UAS technician qualification criteria. These criteria must be added to the operator’s manual.

27. The preflight inspection section in the operator’s manual must be amended to include the following requirement: The preflight i nspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections of the operator’s manual.

28. Before conducting operations, the radio frequency spectrum used for opera tion and control of the UA must comply with the Federal CommunicationsCommission (FCC) or other appropriate government oversight agency requirements.

29. At least three days before scheduled infrastructure inspection, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local FSDO with jurisdiction over the area of proposed infrastructure inspection. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities

must include at l east the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS infrastructure Inspection operations conducted under this petition of exemption;

c. Name and phone number of the person responsible for the on

- scen e operation of the UAS;

d. Make, model, and serial or N

- number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the infrastructure inspection event;

f. A statement that the operator has obtained permission from property

owners and/or local officials to conduct the infrastructure inspection 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, inclu ding maps or diagrams of any area, city, town, county, and/or state over which infrastructure inspection will be conducted and the altitudes essential to accomplish the operation.

30. The 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 must be made available to the Administrator or any law enforcement official upon request.

31. The UA must remain clear and yield the right of way to al l other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

32. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

33. The UAS may not be operated by the PIC from any moving device or vehicle.

34. 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.35. The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within 5 nautical miles of the geographic

center of a non

- towered airport as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

36. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of t he 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 Transportation Safety Board (NTSB) per instructions contained on the NTSB Web sit e: www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or transgression is reviewed by AFS

- 80 and authorization to resume operations is provided.

Support for Petition for Exemption In accordance with the proc edural requir ements of 14 C.F.R. §11.81, PHTR provides the following information:

Contact Information:

N i cholas C Severin Phoenix High Temperature Repair LLC.

. 19968 East Loyola Place
Aurora, CO 80013 (720 ) 412

- 4083

n ick. severin@hightemprepair.com Regul atory Provisions from which PHTR seeks an Exemption

PHTR believes it may need an exemption from the following provisions to conduct the contemplated operations. In some instances, relief is needed because relief

from another provision renders compliance with the regulation at hand infeasible. 333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b)
14 C.F.R. §91.119(c)
14 C.F.R. §91.121
14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) (1)&(2) 14 C.F.R. §91.417(a)&(b)

PHTR believes an exemption is only needed from the above

- listed regulatory provisions. To the extent that the FAA believes that additio nal relief is required forPHTR to conduct the operations described here, we request an exemption from any such

regulatory provisions as well. 3

3 For example, 14 C.F.R. §91.417(a) imposes certain maintenance record keeping requirements “as applicable”. Since none of the underlying requirements (e.g., inspection intervals) can be met an d will require an exemption, PHTR believes a separate exemption should not be required for §91.417(a). The Extent of Requested Relief and the Reasons Relief is Needed

Section 333 Aircraft Exemption Status:

Section 333 of the Modernization Act author izes the FAA to exempt aircraft from the requirement for an airworthiness certificate based on a consideration of the size, weight, speed, operational capability of the particular UAS, as well as its proximity to airports and populated areas. An analysis o f these criteria demonstrates that the sUAS operated without an

airworthiness certificate in the areas and under the conditions contemplated by PHTR will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the conditions proposed in this request.

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a secured area. Unlike other civil aircraft, operations und er this exemption will be tightly controlled and monitored by the operator and observer. Operations will be conducted in compliance with the FAA and with local public safety requirements to provide security for the area of operation as is now done with con ventional equipment, infrastructure, bridge and out building evaluation. These safety enhancements provide an expanded degree of safety to the inspectors over conventional operations. Lastly, application of these same

criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials and inability to carry a substantial external load.

Given the size and limited operating area associated wit h the aircraft to be utilized by the Applicant, this meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of thes e criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with a n airworthiness certificate without the restrictions and conditions proposed. 14 C.F.R. §61.113(a) and (b)

§61.113 Private pilot privileges and limitations: Pilot in command. (a) Except as provided in paragraphs (b) through (h) of this sectio n, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.(b) A pri vate pilot may, for compensation or hire, 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.

*****

PHTR anticipates initially using a cadre of specially trained staff to conduct the sUAS operations. The sUAS will not carry property for compensation or hire since they will be used solely to assist in evaluation of the Oil and Power production indsutry

, equipment, right

- of

- way, a ssets in furtherance of PHTR ’s client’s primary business, the successful operation of a infrastructure; however, th e employees’ operation of the sUAS

will not be incident al to their employment with PHTR , and they will be compensated for

such work. However, the risk a ssociated with the contemplated operations is less than the risk posed by a traditional aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical e nvelope under the sole control of PHTR clients. Accordingly, t he risk

would be l imited to PHTR personnel, who will be appropriately out fitted in safety gear,

and PHTR client’s property on the ground. Requiring a commercial pilot certificate would provide n o appreciable safety benefit and would needlessl y impose additional cost

on PHTR . Because the contemplated operations would not comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b).

14 C.F.R. 91.119(c)

§91.119 Minimum safe altitudes: General. Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

*** (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.

*****

PHTR submits that the only relief it requires from §91.119 is from the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since operations at this altitude als o pose a heightened risk of collision with another aircraft, safety can only be assured through the grant of an exemption. The anticipated rotorcraft operations should be adequately addressed by paragraph (d) (1). Additionally, relief should not be needed from paragraph (a) because an emergency landing of the aircraft due to a power failure will not create an undue hazard to persons or property on the surface. As noted in the explanation of why an exemption will n ot adversely affect safety, PHTR clients has exclusive use of the landover which the sUAS will be operated, and public access is restricted. It also has

exclusive use of significant portions of land adjacent to the infrastructure and structures that will be the objec ts of evaluation and analysis. PHTR ’s Clients tightly control access to land and have the ability to assure that no individuals unassociated with the planned operations are on the affected land. As such, the risk of injury is minimal. PHTR does not contemplate conducting operations over congested areas, so relief is not requested from paragraph (b).

14 C.F.R. 91.121 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...t o the elevation of the departure airport or an appropriate altimeter setting available before departure.”

***** As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safe ty will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. Altitude information will be provided to the sUAS pilot via a digitally encode d telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display. This altitude information will be generated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot.

14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFR conditions. (a) No person may be gin 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 normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes. (b) No person may begin a flight in a rotorcraft 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 normal cruising speed, to fly a fter that for at least 20 minutes.

***** Operating the sUAS in a pre

- defined area with less than 30 minutes of reserve fuel does not raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out

of fuel in the event it has to be fl own to an alternate airport or circle the planned airport in

the event o f unanticipated conditio ns. PHTR does not intend to use the sUAS for point

- to

point flights and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airp or t in order to land. Rather, PHTR will operate the sUAS using pre

planned flight paths (taking into account weather conditions) designed to allow the sUAS to fly to the point of intended landing. As such, there is no need for a timebased excess fuel requi rement. Rather it should be sufficient to require only as much additional excess flight capacity as necessary to safely land the sUAS. We believe that a 25% battery reserve is more than sufficient to meet this objective.14 C.F.R. 91.405(a), 91.4 07(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b) §91.405 Maintenance required. Each owner or operator of an aircraft

– (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspectio ns, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter;

***** §91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration. (a) No person may operate any ai rcraft that has undergone maintenance, rebuilding, or alteration unless

– (1) It has been approved for return to service by a person authorized under §43.7 of this chapter;

***** §91.409 Inspections. (a) Except as provided in paragraph (c) of this section , no person may operate an aircraft unless, within the preceding 12 calendar months, it has had __ (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapt er; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

***** §91.417 (a) & (b)

*****

PHTR believes that an exemption from these three maintenance requirements is appropriate because the FAA ha s not developed maintenance standards that would allow an operator to meet the part 91 maintenance requirements. In particular, there are no individuals authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct the initia l airworthiness and annual return to service inspecti ons required by §91.409(a). PHTR will maintain the aircraft as instructed in the owner’s manual and ASTM F2909, where applicable, and will not operate the aircraft until it has reasonably determined that any needed repairs have been made. However, because of the technical impossibility of meeting the requirements of §§91.405(a), 407(a), 409(a) and 417(a)&(b), we believe an exemption from these provisions is appropriate.Appendix A

Summary for Federal Register Publica tion

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register should the FAA determine that publication is needed.

Petitioner : Phoenix High Temperature Repair LLC. (PHTR )

Sections of 14 C.F.R. Af

fected: 333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c)
14 C.F.R. §91.121
14 C.F.R. §91.151 14 C.F.R. §91.405(a)
14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) 14 C.F.R. §91.417(a)&(b)

Description of Relief Sought:

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14 C.F.R., 61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and 91.417(a)&(b) to c onduct sUAS operations over PHTR Client’s owned or controlled

la nd, solely during daylight hours, to assist in the safe evaluation and analysis of infrastructure and operations. In general, sUAS operations are intended to be conducted in areas remote from both congested areas and airports. The nature of operations

anti cipated by PHTR requires that the sUAS be flown at relatively low altitudes. PHTR expects that in most instances, the sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS and in no instances will be flown higher than 4 00 feet above the ground. Accordingly, the risk of interference with other aircraft is minimal.

Appendix B

Specific type(s), make, and model

## #1

- ­­ DJI Inspire 1

Specifications

Aircraft Weight ( battery included ) 2935g
Hovering Accuracy ( GPS mode ) Vertical 0.5m , Horizontal 2.5m Max Angular Velocity Pitch: 300°/s ; Yaw 150°/s Max Tilt Angle 30°/s Max Ascent Speed 5m/s, Max Descent Speed 4m/s, Max Speed 22m/s Diagonal Distance 559mm(Landing gear lowered); 581mm(Landing gear raised)

Gimbal Operating Current Station : 750mA

Motion : 900mA

Control Accuracy ±0.03° Controllable Range Pitch :

- 90° to +30°,

Pan : ±330°Max Controllable Speed Pitch : 120°/s

Pan : 180°/s

Battery Model (Standard) TB47 Voltage 22.2V Capacity 4500mAh Energy 99.9Wh Net Weight 570g Charger (Standard) Output Power 100W

Camera Operating Temperature 0 °C to 40 °C

Resolution 1240M

FOV ( Field of View ) 94°

CMOS 1/2.3”

Lens F/2.8 ( 20mm equivalent )

Anti

- distortion filter

Shooting Mode Single shoot

Burs t shoot ( BURST : 3/5/7 frames per second

, AEB : 3/5 frames per second

, 0.7EV

Bias )

Time lapsed

HD Recording Mode UHD : 4096x2160p24/25

, 3840x2160p24/25/30

FHD : 1920x1080p24/25/30/48/50/60

HD : 1280x720p24/25/30/48/50/60

Supported File Format FAT32/exFAT

Photo format : JPEG

, DNG

Video format : MP4/MOV ( MPEG

- 4 AVC/H.264 )Support SD Card Types SD/SDHC/SDXC Micro SD

Remote Controller Operating Frequency 5.725 GHz~5.850 GHz (Remote Controller to Remote Controller)

2.400GHz~2.483GHz (Remote Contr oller to Aircraft)

Transmitting Distance ( outdoor and unobstructed ) 2km

Receiver ( 1%PER )

- 93dBm

EIRP 10dBm@900M

, 8dBm @5.8G

, 20dBm@2.4G Working Current / Voltage 1.2A@7.4V Battery capacity 6000mAh Optical Flow

Sensor Frequency Velocity Range Altitude Range

50HZ Below 8m/s ( 2m above ground)

5cm

- 500cm

Operating Environment Rich pattern surface with adequate lighting (Lux > 15) Operating Range 0

- 2.5m