November 17 , 2015 U.S
. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Petition of Dakota Benjamin, Inc. for an Exemption Pursuant to Section 333 of the FAA Modernizatio n and Reform Act of 2012 Director: Flight Standards Service: Pursuant to Sectio n 333 of the FAA Modernization and Reform Act of2012 ("Reform Act") and 14 C.F.R. Part 11 , Dakota Benjamin, Inc . (Dakota) hereby applies for an exemption from the Federa l Aviation Regu l ations ("FARs") identified below to all ow commercial operation of small unmanned aerial vehicles 

### (i.e. , "small unmanned aircraft" or "UAS") for the purpo se of conducting aerial photography, videography, cinematography, inspection and mapping for the motion picture, television, real estate, and web industries. This petition for exemption is made based on information outlined in thi s Petition for Exemption , as well a s the accompanying Dakota documents ; I. PIC Flight Operations Manual and; 2. Operations Manuals (Collectively 2 and 3 are referred to as Documents & Manuals" ) 3. User Guide and ; 4. Flight Manua[l (Co llectivel y 3 and 4 are referred to as "Manufacturer's Manuals") Dakota submits these supporting material s as confidential documents pursuant to 14 C.F.R. 

### § 11.35(b), as the materials contain confidential commercial and/or proprietary information that Dakota has not and will not share with other requesting partie s . Additionally, these documents contain operating conditions and procedures that are not generally availab le to the public and are protected from release under the Freedom of Information Act , 5 U.S.C. 

### § 552 et. seq. 

### NOT E : ALL A T TACHMENTS SET F OR TH IN SUPPOR T OF THIS LETTER OF PETITION ARE CONFID ENTIAL AND SHALL N OT BE REL EASED TO THE P UBLI C WITHO UT WRITT EN AUT HORIZATIO N FROM THE PET ITIONE R. For your convenience, this Petition is organized as follows:

1

. The term "Manufacturer's Manual" also includes all relevant manufactur er publications . including , but not limited to: operation s and flight manuals , user guides , component maintenance manuals , pilot training manuals , service information letters and, safety/service bulletins.U.S D epartment ofTransportation November 17,2015 Page2 

### I
. Description of Petitioner II. Description of Proposed Operation s A. Aerial Videography, Photography, Cinematography , Inspection and Mapping 

### Ill. Relevant Statutory Authority IV. Dakota's Propo sed UAS Operations Meet the Requirements of Section 333 of the Reform Act A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability B. Approval is Warranted Based on the Operational Restriction s Set Forth in the Operations Manuals 

### V. Regulations From Which Exemption is Requested A. 14 C.F.R. Part 21, Subpart H -Airworthiness Certificates and 14 C.F.R. § 9 1.203(a)(1) B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Catego ry Rotorcraft C
. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27 (a): Aircraft Marking and Identification Requirements D. 14 C.F.R. 

### § 91.405(a) , 91.407(a)(l) , 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections E
. 14 C.F.R. Part 61, 14 C. F.R. § 61.3, 14 C.F. R
. 

### § 61.113: Privat e Pilot Priv ileges and Limitations F. 14 C .F.R. 

### § 91. 7(a): Civil Aircraft Airworthiness G. 14 C
. F.R. 

### § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. 

### § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration H. 14 C.F.R. 

### § 9 1. 103: Preflight Action I. 14 C.F.R. 

### § 91.1 09(a): Flight Instruction J. 14 C.F.R. 

### § 9 1.119(c): Minimum Safe Altitudes K. 14 C.F.R. 

### § 9 1. 121: Altimeter Settings L. 14 C
.F.R. 

### § 91.151(a): Fuel Requirements for F light in VFR Conditions 

### Vl. Drug and Alcohol Program VII. Public Interest VIII
. Privacy IX. Federal Regi ster Summary X. Conclusion I. 

### DESCRIPTION OF PETITIONE R Dakota is based in San Marino , CA and provides aerial videography, photography, c in ematography, inspection and mapping to their client base. The Company's Principal and ChiefPilot Kien Ly has been flying UAV Quadcopters as a hobby for more than two yearsU.S Department ofTransportation November 17 ,2015 Page3 without incident, logging hundreds of hours flying. Upon the grant of the 333 Exemption the Company's business wi ll continue to spec iali ze in photography, v ideography, c inematography, in spection and mapp ing for the motion picture, television, real estate, and web industries Dakota' s s taff are well trained and experienced in providing s upport as visual observers ("VO") fo r the pilot in command (" PI C") in addition to any ot her needed o n site ass istance. All ofthe equipment owned by D akota is of the highest quality gear and has been able to provide these services safely and without any claims or incident. Dakota's goal is to advise the perspective client that Dakota is following all the applicable stat e and federal rules to ensure the safety of the public while providing the c li e nt with a competitive and cost effective pr oduct. Dakota seeks an exemption to allow fo r photography, videography, cinematography, mapping and inspection and ot her related media pr oducts
. The contact information for Pe titioner is as follows : Kien Ly Dakota B enjamin, Inc. P.O. Box 81081 San Marino, CA 91 1 1 8 Phone: 626.500.6009 Email: Dav idly20 12@g mai l.com 

### II. DESCRIPTION O F PROPOSE D OPE R A

TION Dakota seeks an exemption pursuant t o Section 333 of the Reform Act to operate the DJI S I000; DJ I Phant o m 3; and, 3 D Robotics and Solo (referred to DB-UA S) (und er 55lbs) fo r the propo sed operations discussed here in be low. All UAS operati o ns will occur under tightly contr olled conditions on private property or approved location where Dakota has received ve rifiable permission to operate from the landowner, cont roller or authorized representative. The propo sed UAS operations will be conducted 

### in accordance with the conditions and limitation s ofthis Petition fo r Exemptio n and Dakota's Operations Manuals. As detailed in Dakota' s Operations Manual s, all UAS ope rations will be limited to daytime VFR conditions, w ithin visua l line- of

s ig ht ("VLOS") of the operator, in uncontrolled airspace. and w ill occur at least 5 nm away from an airport reference point. Moreover, Dakota 's Ope rations Manuals inco rporate redundant safeguard s t o assure the aircraft does not travel outside the controlled area ofUA S operations, including GPS "geo

- fenci ng" t echnol ogies. A. Aerial Videography , Photography , C inematography, in spection and Mapping Dakota seeks to use s mall DB

- UAS for the purpo se of conducting aerial photography , videography , cinematography, inspection and mapping for the film , television, r eal estate, and web industries. Dak ota has purposefully tailored its operati ons to meet the requirements established by the FAA in pri or grants of exempti on aut horiz ing commercial use of UAS in the re levant industries , including :U.S Department ofTransportation November 17 , 2015 Page4

• Astraeus Aerial (Exemption No. 11062) • Aerial MOB, LLC (Exem ption No. II 066) • Pictorvision, Inc. (Exemption No. II 067) • HeliVideo Productions , LLC (Exemption No. 11 065) • Snaproll Media, LLC (Exemption No. 11 063) • RC Pro Productions Consulting. LLC d/b/a Vortex Aerial (Exemption No. 11 064) • Fly ing -Cam, LLC (Exemption No. 11 080) • Aerocine, LLC (Exemption No. 11150) • Team 5 , LLC (Exemption No. 11158) • Alan D. Purwin (Exemption No. 11161) • Helinet Aviation Services , LLC (Exemption No. 11160) • Picture Factory, lnc. (Exemption No. 11178) • Trudeau. Realtor® (Exemption No. 11138) • Alon Sicherman (Exemption No. 11728) • Sokoler Medly (Exemption No. 11341) All UAS photography, videography, cinematography, inspection and mapp in g operations will occur on private property or approved location in a contro lled area away from spectators and persons not involved in the recording process. In addition, the filming will be conducted b etween dawn and dusk to ensure maximum safety for the publ ic and those involved in the manipulation and operation ofthe UAS; VFR conditions. at altitudes below 400' ahove grou nd level ("AGL"). As set forth below, Dakota's operations provide an equivalent level of safety which is superior to performing the same work using conventional fixed-wing aircraft or helicopters. Small UAS recording operations is also safer than traditional manned ai rc raft performing the same function. Videographer-inspectors also frequently need to climb roof tops , ladders , trees , or o th erwise perform e levated work, which exposes them to the risk of dangerous falls , electrocution or other work related injuries. In addition, depending on the nature of the video needed and inspection , proximity to equipment, and other mechanical hazards associated with industrial s ites and construction facilities often involves a risk of exposure to hazardous conditions. The use of DB- UAS mitigates these hazards and is ultimately a much safer and cost efficient method of performing these and most other types of recording operations. Moreover, conventional operations using rotorcraft and fixed

-wing aircraft in low level operations present risks assoc iated with vehicles weighing tens ofthou sands of pounds (including payload) and carry in g large amounts of fue l which inherently presents sig nificant fire hazards as well as exposu r e to other chemical contaminates. It is in1p01tant to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser of the service, but the quality and expanse of acquired information will be far more robust given the low cost associated with its acquisition and other potential consumers an inexpensive product. UAS video production is more reliable , and allows for the collection, disseminatio n, and storage ofvisual and oth er sensory data with greater precision and duration at a very low cost. Small UAS will al so be capable of accessing and inspecting areas that would otherwise be inaccess ible or highly dangerous using conventional aircraft or other inspection methods.U.S Department ofTransportation November 17. 2015 Page 5 

### Ill. RELEVANT STATUTORY AUTHO RITY This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization and R eform Act of2012 ("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 permit unmanned aircraft systems to operate in the National Airspace Systems ( "NAS") where it is safe to do so based on the following considerations:

• The UAS's s ize, weight, speed and operational capability; • Opera tion of the UAS in close proximity to airports and populat ed areas ; and • Operation of the VAS within the visual line of sight ofthe operator. Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decide s a requested exemption is in the public interest. See 49 U.S.C. 

### § I06(t) (defining the authority of the Administrator); 49 U.S.C. 

### § 4470l(t) (permitting exemptions from§§ 44701 (a), (b) and 

### §§ 44702-44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: ( 1) would benefit the public as a whole, and (2) would not adve rse l y affect safety (or how it would provide a level of safety at least equal to the existing rule s)
. See 14 C.F. R. 

### § 11.81 (petitions for exemption). 

### IV
. DAKOTA' S PROPOSED DB- UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT The small DB-UAS operations proposed by Dakota as noted above in this Petition for Exemption qualify for expedited approval pursuant to Section 333 ofthe Reform Act as each ofthe statutory criteria and relevant factors are satisfied. 

### A. Approval is Warranted Based on the UAS ' s Size, Wei ght, Speed, and Operational Capability A Grant of Exemption is appropriate for operations conducted using the UASs due to their size weight, speed, and operational capability.

• The DB-U AS utilized by Dakota has been approved for use in prior Section 333 Grants of Exemption from th e FAA. 2 • The DB-UAS weighs less than 55 pounds, including payload

• The DB-UAS will not be flown at a ground speed in excess of 50 knots. The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 50 knot speed restriction.

2See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of Exemption to VDOS Global , LLC (Exemption No. 11112); Grant of Exemption to LowCountryRC , Corp . (Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption No. 1 1 161 ); Grant of Exemption to He1inet Aviation Services (Exemption No
. 11160); Grant of Exemption to Total Safety U.S. , Inc. (Exemption No. 1 1 156)
..U.S Department ofTransportation November 17,2015 Page 6

• Altitude information 

### will be generated by equipment onboard the UAS as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be tran sm itted to the pilot via telemetric data feed
.
• The DB-UAS will have system redundancies and independent functionality to ensure the overall safety and predictability of the system
. If connection to the remote control or ground control station is lost, failsafe systems will permit the UAS to return to a predetermined location and safely land without injury or damage.

• The radio frequencies used for operations and control of the DB- UAS comply with the Federal Communications Commission ( "FCC") and other app ropriate government oversight agency requirements. The operating frequency for the DB-UAS is 2.4 GHz frequency bands. Ift he same operations were conducted using a he licopter, the aircraft's take-off weight would likely exceed 6,000 pounds depending on payload. The difference in weight between the DBUAS and a helicopter significantly reduces the potential harm to the participating and nonparticipating individuals and /or surrounding property in the event of an unintended accident or incident. In addition, the risk to the onboard pilot and camera operator is eliminated. 

### B . Approva l is W arranted B ased on the Operatio nal Res trictions Set Fo rth 

### in Dakota's O perations Manu als Operation s Manuals and the Manufacturer's Manual for the selected DB-UAS will contain all the procedur es and limitations necessary to safely and successfu lly perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety assessment of Dakota's proposed operations, below is a summary of operational limitations and conditions that Dakota will adhere to , and which will ensure an equivalent or high er level of safety to operations conducted under current regulatory guidelines: I. The DB-UAS weighs less than 55 pounds, with payload. 2. All operations shall be conducted over private or controlled-access property with verifiable permission from the land owner/contro ller or authorized rep resentative. Permission from land owner /controller or authorized representative will be obtained for each scheduled flight prior to operation. 3. All UAS operated under the Grant of Exe mption will be identified by serial number, r eg istered in accordance with 14 C FR part 47 , and have identification (N-Number) markings in accordance with 14 CFR part 45 , Subpart C. Markings will be as large as practicable. 4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot-in Command ("PIC") of the GUN-UAS, and one or more Visual Observers ("Observer") as necessary to safe ly conduct the mission.U.S Department ofTransportation November 17 , 20 15 Page 7
5. PICs shall posses s either a private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 6. The DB-UAS shaJI be operated within VLOS of the PI C and Observer at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-i ss ued medical certificate. 7. The PIC and Observer designated for any operation will be able to communicate verbally at all times. 8. Electronic messaging or texting will not be permitted during flight operations. 9. The additional requirements id entified in the Grant of Exemption shall be added to the Dakota's Operations Manuals. The Operations Manuals will be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and Dakota's Operations Manuals , the conditions and limitations 

### in the Grant of Exemption shall take precedence and must be followed. Otherwise, Dakota shall follow the procedures outlined in their Operations Manuals. 1

0. Dakota may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided to the Administrator upon request. Dakota will also present an updated and revised Operations Manuals if it petition s for extension or amendment to its Grant of Exemption. If an update or revision would affect the basis upon which the FAA grants the exemption, Dakota will seek an amendment to its Grant of Exemption. Dakota will contact the FAA's UAS Int egration Office {AFS -80) if questions arise regarding updates or revisions to the operating documents. 11. Dak ota Operations Manuals and its Grant of Exemption will be available to the PI C at the ground control station anytime the 08-UAS is operating. 12. The PIC is prohibited from beginning a DB-UAS flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least I0 minutes. 13
. Maximum total flight time for each operational flight u si ng the DB -UAS will be limited to 40 minutes or the amount of time the UAS can be flown and sti ll maintain a reserve battery power of no less than 25%. whichever occurs fust. 14
. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace without timely prior written authorization and approval from the FAA. In the event the structure being inspected exceeds 400 feetU.S Department of Transportation November 17 , 2015 Page 8 AGL, the UAS will not be operated more than I00 feet above the highest point o n the structure, and no more than 50 feet horizontally from the struct ure. 15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons other than the PIC , VO, operator trainees or essential persons). vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain tmder such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA , flight operations must cease immedia tely and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or s tructures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it doe s not present an undue hazard, and;

c. Operations nearer to the PIC , VO, operator trainees or essential persons do not present an undue hazard to those persons per§ 91.119(a). 16
. The DB-UAS may not be operated les s than 500 feet he1ow or less than 2
. 000 feet horizontally from a cloud or when visibility is less than 3 s tatute miles from the PIC. 17. The DB-UAS may not operate within 5 nm of an airport reference point 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 NOT AM as required by the Dakota COA. The letter of agreeme nt with the airport management will be made available to the Administrator upon request. 18. Prior to each flight the PIC shall inspect the DB

- UAS to confirm that it is in a condition safe for flight. The pre-flight inspection will account for all discrepancies , e.g. inoperable components, items , or equipment, not already covered in the relevant sections of the operating documents as well as equipment updates. The PIC shall not operate any DB

-UAS ifthe inspection reveals a condition that affects the safe operation of the DB-UAS until the necessary maintenance has been performed and the DB- UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations must be properly documented in the UAS's records as required by Dakota's Operations Manuals. 19. Dakota will timely carry out its maintenance , inspections , and record keeping requirements in accordance with the Operations Manual s . Maintenance, inspection, and alterations will be fully noted in the DB-UAS records, including total time in service, description of work accomplished , date completed and the signature of the authorized person returning the DB-UAS to service.

### U.S Department ofTransportation November 17, 2015 Page9 20. Any DB -UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement of a flight critical component) must timely undergo a functional test flight in accordance with Dakota's Operations Manuals. The PIC who conducts the functional test flight must make an entry in 

### the UAS aircraft records oftbe flight. The requirements and procedures for a functional test flight and DB

-UAS record entry shall be included in the Dakota's Operations Manuals. 21. The DB

-UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety /Service Bulletins and product updates. 22. Prior to the operation, a Mission Packet will be created in accordance w i th the requirements on Dakota ' s Operations Manuals. 23. 

### Dakota will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization , otherwise known as a COA , prior to conducting any operations under this Grant of Exemption. A NOT AM will be issued as required by the COA. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace , altitude level and potential transponder requirements. 24. All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement , fire or other appropriate governmental agencies. 25. If the DB

- UAS loses communication with the PIC, it will have the capab ility to safely return to a pre- detemlined location within the operat ional area and land safely. 26
. Contingency plans will be in place to safely terminate flight if there is a loss of communication between the PIC and the Observer. 27
. The DB-UAS will have the capability to safely abort flight in the case of unpredicted obstacles or emergencies
. 28. PICs and Observers will have at least a current Class III Medical Certificate or a val id and cun·ent state driver's license issued within the United States
. 29. Prior to conducting operations for filming , the PIC will have accumulated and logged , in a manne r consistent with 14 CFR 

### § 61.51(b), a minimum of200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least I 

### 0 hours logged as a UAS pilot with a similar DB

- UAS type platform
. This requirement can be achieved by flights conducted and logged as a hobbyist. 30. Prior to conducting operations for filming , the PIC will have accumulated and logged , in a manner consistent with 14 CFR 

### § 61.5l(b) , a minimum ofhoms pursuant to 54 CFR 

### § 61.51(b) as UAS pilot operating the make and model ofD B-UAS to be utilized for operations under the exemption and three take-offs and three landing in the preceding 90 days.U.S Department ofTransportation November 1 7, 

### 20 15 Page 

### 10 31. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted. 

### 32. The DB

-UAS shall remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities , parasailing activities, hang gliders, etc
.). 

### 33. DB-UAS Operations under Instrument Flight Rules , at night, or beyond VLOS are prohibited. 

### 34. The UAS will not be operated from an elevated platform unless designed and engineered specifically for such purposes and be in comp liance with the general restrictions imposed by the applicable regulations. Additionally no PIC will provide any film-flight operations while in motion from atop any elevated platform vehicle or device. 35. Before conducting operations, the radio frequency spectrum used for ope ration and control of the DB-UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 

### V. REGU LA TIONS FROM WHICH EXEMPTION IS REQ UESTED The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms , includes exempting civil aircraft, as the term is defined under§ 

### 4010 I of the Act. including UASs, from its safety regulations and minimum standar ds when the Administrator decides a requested exemption is in the public interest. 3 Dakota seeks an exemption from several inter related provision s ofTitle 

### 14 of the Code of Federal Regulation s (" 

### 14 C.F.R") Parts 

### 21, 45, 61 and 91 for purposes of conducting the requested operations using 08-UAS platform s noted above. Li sted below are: ( I) the specific sections of 

### 14 C.F.R for which exemption is soug ht , and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rule s from which exemption is sought. 4


### UNMANNED A IRC RAFT S YSTEM A. 

### 14 C.F.R. Part 

### 21, Subpart H -Airwort hiness Certi ficates and 

### 14 C.F.R. 

### §9 1.203(a)( l )

349 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 4470 l(a) and (b) and Sections 44702- 44716).
4 14 C.F.R § 11.8l (e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek exemption.U.S Department of Transportation November 17, 2015 Page 11 The FAA has stated that no exemption is needed f rom this section 

### ifa finding is made under the Reform Act that the UAS se lected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met and in point of fact exceeded, and therefore no exemption is needed. 5 If, however, the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is r equested. 

### Equ ivalent Level of Safety Dakota's use of the DB-UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description of proposed operations in Section IV(A), the DB-UAS weighs less than 55 pounds, including payload and will not be flown at a ground speed in excess of 50 knots. The DB-UAS is also equipped with safety features which will allow Petitioner to operate the DB-UAS safely after experiencing certain in-flight contingencies or failures as noted below. 6 7 Additionally, the DB-UAS carries neither pilots nor passengers, carries no explosive materials or flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive and operate exclusively within the parameters stated in Dakota's Operations Manuals. Operations conducted under this exemption will be closely controlled and monitored by the PIC operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. Dak ota will also provide the FAA with advance notice of all operations via NOTAMs as required by the applicable COA. In all cases, operation of the DBUAS under the proposed conditions will be at least as safe as, or safer than, conventional

5See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22).

6See e.g., Grant of Exemption No. 11 184 to Low Country RC, Corp. (FAA

-20 14-0803 at pg. 3): "The [DJ I S I000) has the capability to operate safely after experiencing certain in-flight contingencies or failures and uses an autopilot system to maintain UAS stabi lity and control. The UAS is also able to respond to a loss of global positioning system (GPS) or a lost-link event with a pre-coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation."

7See e.g., Grant of Exemption No. 11184 to VDOS Global , LLC. {FAA-2014-0382 at pgs . 4-5): "The DB-UAS can be operated entirely by a touch-screen, map-based interface. This means the operator only needs to command the system where to go, and lhe system does all the flying for the operator. The DB-UAS can be operated in both semi and fully autonomous flight modes, with the operator simply c l icking on a map to create a pre-p lanned flight path for a fli ght. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built-in intelligent fault handling which allows the 08-UAS to detect a system fault while in the air and automatically fly back to its takeoff location and land. Faults that can be detected include: loss ofcommunication; exceeding pre-set wind thresholds; and tow banery levels
. All flight operations are global positioning system (GPS ) controlled, making the system easy to navigate. At any point ifthe operator is not explicitly commanding the system to move , the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link

- to prevent a 'fly away' or other potentially dangerous situation

- is avai lable to the operator."U
. S Department ofTransportation November 17 , 2015 P age 12 rotorcraft operating with an airworthiness certificate
. Lastly, the DB-UAS do not need a means to communicate with other aircraft or ATC , because those capabi lities will be solely possessed by the PIC and Observer , who are not onboard the DB-UAS. 8 In addition, no sense-and

-avoid technology is necessary for the DB

- UAS because they will be operated at all times in VFR conditions and within VLOS ofthe PIC and Operator. 9 B. 14 C . F.R. Pa rt 27 Airw orthin ess Standard s: Normal C ategory Rotorcraft Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that Dakota's small DB

-UAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request fo r exemption from 14 C.F. R
. R. Part 21 , Subpart 

### H, supra. C. 14 C . F.R. §§ 9 1.9(c), 45 .23 (b) and 45.27(a) : A ircraft M arking and Identification Requirem ents Dakota seeks an exemption from the aircraft marking and identification requiremen ts conta i ned in 14 C.F.R. 

### §§ 91.9(c), 45.23(b) and 45.27(a).

• 14 C
.F.R
. 

### § 91
. 9(c), Civil Aircraft Flight Manual, Marking and Placard requireme n ts , provides that: No person may operate a U.S.

-registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

• 14 C.F.R. 

### § 45.23(b), Markings of the Aircraft, states: When marks include only the Roman capital letter "N" and the registration number is displayed on limited , restricted or light-sport category aircraft or experimental or provis ionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 

### 6 inches high, the words "limited , " "restricted, " "light

- sport, "experimental , " or "provisional," as applicable.

• 14 C.F.R. 

### § 45.27(a) , Rotorcraft, states: Each operator of a rotorcraft must disp lay on that rotorcraft horizontally on both surfaces of the cabin, fuselage , boom, or tail the marks required by 

### § 45.23.

8 See Grant of Exemption No. 11062 to Astraeus Aer i al (FAA-20 14-0352 at pg. 13).
9

. IdU.S Department ofTransportation November 17, 2015 Page 13 In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N-Number) marking s in accordance with 14 C.F.R Part 45, Subpart C 

### if the markings are as large as practicable." 10 

### Equivalent Level of Safety All DB-UAS flown by Dakota will bear N-number marking s that are as large as practicable in accordance with 14 C
.F.R. Part 45 , Subpart C. 11 

### D. 14 C.F.R. 

### § 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2); 91.417(a) a nd (b) : Maintenance Inspections Dakota seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. 

### § 91.405(a), 91.407(a) 

### (I), 91.409(a)(2); 9l.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F. R. Part 43. See, e.g., 14 C.F.R. 

### § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections
...have discrepancies repaired as prescri bed in part 43 of this chapter"). 

### An exemption from these regulations is needed because Part -13 and these sections only apply to aircraft with an airworthiness cer tificate
. wh ich the VAS platforms to be operated under this grant of exemption will not have. (Emphasis added) 

### Equivalent Level of Safety An equivalent level of safety will be achieved or exceeded because maintenance and inspections will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by Dakota's Operations Manuals , the PIC will conduct a pre-flight inspection of the DB-UAS and all associated equipment to account for all discrepancies and /or inoperable components. Maintenance will be performed and ver ifi ed to address any conditions potentially affecting safe operation ofthe DB-UAS and no flights will occur unless , and until, all flight critical components of the DB-UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight-critical components . As required by Dakota's Operations Manuals, the PIC who conducts the functional test flight will make an entry in the DB-UAS aircraft records of the flight. Dakota 's Operations Manual also includes requirements to follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement , inspection, and life limit requirements for the fo llowing appl icable components: powertrain system (powerp lant), propellers , avionics and control surfaces (including ailerons/elevons), structures & airframe , camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Dakota's Operations Manuals also include procedures to document and maintain a record ofthe DB-UAS's maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts , and the total time in service of the DB-UAS used under

10
. FAA Docket No. FAA-2014-0352.
11. See, e.g., FAA Docker No. FAA-2014-0352 , at 14.U.S Department ofTransportation November 17 , 2015 Page 14 this Grant of Exemption. As a whole, the maintenance and inspection procedures required in Dakota's Operations Manuals ensure that an equ ival ent or higher level of safety w ill be achieved. 

### PILOT

-I N-COMMAN D OF THE UAS E. 14 C.KR. 

### § 61.113: Private Pilot Privileges and Limitation s Dakota seeks exemption from 14 CFR 

### § 61.113, which restricts private pilot certificate holders from flying aircraft for compensat ion or hire , and would also require a second class medicaJ certificate

. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications ifthe private pilot is carrying pas se nge rs or cargo for hire. In this case, while the DB-UA S will be operated as part of a commercial operation, they carry neither passengers nor cargo. ln the Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics ofUAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class III Medical Certificat e. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are in volved. Equivale11t Level of Safety The restrict ions Dakota has placed on its DB

-UAS operations meet or exceed the restrictions s imilarl y imposed on Astraeus Aerial. Dakota will operate on private property or approved location away from persons and property not involved in the operation. Dakota will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations 

### wiJJ be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponde r requirements. A NOT AM will also be issued as required by the applicable COA. In addition to these flight restrictions, Dakota will further ensure safe operation by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to aJl aircraft operators but also in the unique aspects of 08-UAS flight. As set forth in the Operations Manuals, pilots will have experience not only in DB-UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of Dakota. The pil ot qualification, training, and currency requirements in the Operations Manuals ensure that Dakota pilots are competent and profic i ent in the DB- UAS they are operating. Dakota's training and qualification requirements are consistent w ith those contained in prior FAA Section 333 Grants of Exemption, and will provide a higher level of competency and profi ciency for its pilots and wi ll ensure at least an equivalent level of safety to the public. 

### OPERAT ING PARAMETERS OF THE UAS F. 14 C.F.R. 

### § 91.7(a): Civil Aircraft Airworthin es s

12Exemption No. II 062 (FAA Docket No. FAA-20 14-0352).U.S Department ofTransportation November 17,2015 P

C\se 1

**~** Inasmuch as there will be no airworthiness certificate issued for the UAS, Dakota seeks an exemption from 14 C
.F.R. 

### § 91
.7(a), which requires that a civil aircraft be in airworthy condition
to be operated. The FAA has stated that no exemption is required fo r 14 C.F. R
. 

### § 91.7(a) to the extent that the requirements ofPart 21 are waived or found inapplicableY Accordingly, Petitioner requests that the requirements for§ 91.7(a) be treated in accordance with Section V(A), sup ra. 

### G. 14 C.F .R. 

### § 91.9(b)(2): C ivil Aircraft Flight Manual in the Aircraft and 14 C.F.R. 

### § 91.203(a) and (b): Carrying Civil Aircraft C ertification and Registration
Title 14 C
.F.R. § 91.9(b) (2) and§ 91.203(a) and (b) require the operator to carry ai rworthiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F. R. § 91.9(b) (2) : (b) No person may operate a U.S.-registered civil aircraft- (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Pursuant to 14 C.F.R. § 91.203(a) and (b) : (a) Except as provided in§ 91.7 15 , no person may operate a civil aircraft unless i t has within it the following: (1) An appropriate and current airworthiness certificate
.. . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special fli ght authorization issued under§ 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.
Given the small size ru1d configuration of the DB-UAS , it would be impossible to keep airworthiness documents and other aircraft manuals on board the DB-UAS because there is simply no room and the DB-UAS has no cabin or cockpit. As a way to comply with the code Dakota will maintain the documents with the PJC and make them available for inspection.


### Equivalent Level of Safety In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith , Attorney, AGC

-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot ofthe unmanned aircraft has access to the UAS flight mrumal , registration certificate, and other r equired documents from the ground control station from which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion

13 See ld. at 13-14 , 22.

14 Memorandum from Mark Bury, FAA Assistant ChiefCounsel for Lnternational Law, Legislation and Regulation, to John Duncan, FAA flight Standards Service (Aug. 8, 20 14); see also Docket No. FAA-20 14-0352 at 16-18.U.S Department ofTransportation November 17 , 2015 Page 1 6 clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore , an equ ivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he o r she is piloting the UAS. 

### H. 14 C.F. R. 

### § 91.103: Preflight Action Dakota seeks an exemption from 14 C.F.R. 

### § 91.103, which requires a PIC to become fam iliar with specific information before each flight , including information contained in the FAA

approved Flight Manual o n board the aircraft. While t he PIC will be familiar with all infom1ation necessary to safely conduct the fl ight, an exemption is requested to the extent that an FAA

approved Flight Manual is r eq uired. Equivale11t L eve l of Safety An equivalent level of safety will be provided by following the Dakota's Operations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance w ith the Dakota's Operations Manuals, including checklists cove ring Pre-Flight, Launch, Landing , and Post-Flight procedures. The PIC will 

### also be required to review weather, flight requirements, battery cha r ge , landing and takeoff distance, UA per formance data, and contingency landing areas-before initiation of flight. Dakota 's Operations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS. 

### I
. 14 C.F.R
. 

### § 91.109 (a): Flight Instruction Dakota seeks an exemption from 14 C.F.R. 

### § 91.1 09(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used fo r flight instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted aircraft, by their design , do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. 

### § 9 1.109 (a). Equiva/e11t Level of Saf ety Given the size and speed of the UASs that Dakota intends to use , an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by th e Dakota's Operations Manuals , all persons wi ll be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover , as required by the Dakota's Operations Manuals , all flight training will be conducted 

### in controlled and sterile environment. As a whole. the safety procedures provided for in Dakota's Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety than that provided by the flight instruction regulations. 

### J
. 14 C.F.R. 

### § 91.119(c): Minimum Safe AltitudesU.S Department ofTransportation November 17 , 20 15 Page 17
Dakota requests an exemption from the minimum safe altitude requirements of 14 C. F.R. 

### § 91.119(c)Y Section 91.119 prescribes the minimum sa fe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person , vessel, vehicle, or structure in non-congested areas. See 14 C .F.R. 

### § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."
An exemption is required because the proposed DB-UAS operation will normally need to occur below 400 feet AGL. In circumstances where the DB-UAS is used to inspect a structure whose height exceeds 400 feet AGL, the D B -UAS will not be operated more than l 00 feet above the highest point on the structure. and within 50 feet horizontally of the structure. Additionally, due the nature of the proposed operations, the Pilot and /or Observers(s) may need to be less than 500 feet away from the DB

-UAS. 

### Equivalen t L evel of S af ety Compared to flight operations with rotorcraft weighing far mor e than the maximum weights proposed herein, and given the lack of flammable fue l with the above noted UASs, any risk associated with these operations is far le ss than those which presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the DB

-UAS, as well as the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspecting a U.S. stn1cture whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally ofthe structure. As set forth in the Operations Manuals , the DB- UAS will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons , unless that person is in a position where he or she is shielded from the DB- UAS and any possible debris resulting from its failure. As required by the Operations Manuals , flights will be terminated if a nonparticipating person within 500 feet of the DB-UAS leaves a shielded position. FUlther, its operations will occur at least 500 feet away from vehicles or structures unless the property owner /controller timely has granted permi ssion and the PIC has made a safety assessment of the risk of operating closer to those objects and, operations near the PI C or Observer will not present an undue hazard per§ 91.119(a). Adherence to these restrictions in Dakota's Operation s Manuals will ensure operations can be conducted without compromising public safety. 16

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS ope ration s will not occur over congested areas, and therefore an exemption from § 91.1 19(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slugwcar, Lnc., dba Like on a tree Aerial (FAA-20 14-0534 at 15).

16See e.g., Grant of Exemption No. I 1138 to Douglas Trudeau (F AA-20 14-0481 at 19): "Ifbarriers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately. When considering how

### U.S Department ofTransportation November 17, 2015 Page 18
K. 14 C.F.R. § 91.121: Altimeter Settings D akota seeks an exemption from 14 C
.F.R
. 

### § 91.121 , which requires a person operating an aircraft to maintain cruising altitude or fl ight level by reference to an altimeter that is set to the elevat ion of the departure airport or barometric pressure. An exempti on is required to the extent that the UASs do not have a barometric altimeter, but rather a GP S altitude read out. Equivalent Level of Safety The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) 

### the UASs will be operated below 400 feetAGLor below 17
, 

### (2) w ithin VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on- screen display and, (4) where prior to each flight, a zero alt itude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18 

### The DB- UAS that Dakota intends to use for the proposed operations will meet all these operational characteristics. Moreover , as required by Dakota's Operations Manuals , the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 Grants ofExemption, the DB-UAS Dakota intends to use , and the safety mitigat ion procedures contained in the Operations Manuals , both ensure that an equivalent level of safety or greater level will be achieved, and a Grant ofExemption to the requirements of§ 191.121 is therefore appropriate. L. 14 C.F .R. 

### § 91.151(a): Fuel Requirements for Flight in VFR Conditions Dakota requests an exemption from 14 C
.F.R
. 

### § 91.151 (a)'s fuel requirements for fl ight in VFR conditions
. Secti on 91.151 states: (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed- (1) 

### During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.

to immediately cease operations , the primary concern is the safety ofthose nonparticipating persons. In addition , the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structure s when the owner /controller of any such vessels, vehicles o r structures grants pern1ission for the operation and the P IC makes a safety assessment ofthe risk of operating closer to those objects and determines that it does not present an undue hazard."
17Ifthe height ofthe structure being inspected exceeds 400 feet AGL , the UAS will not be operated more than 100 feet above the highest point on the str ucture.
18See Grant of Exemption No. II 062 to Astraeus Aerial (f AA-20 14-0352 at 21 ).U.S Department of Transportation November 17,2015 Page 19 Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30-minute battery reserve. An exemption from the fuel requirements of 14 C
.F.R. 

### § 91.151 (a) is therefore required. Moreover, it is not Dakota's intention to fly the DB- UAS at night. 

### Equivalent Level of Safety In the Grant ofExemption to VDOS (Exemption No. 11112), the FAA determined that an equival ent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a DB- UAS flight unless (considering wind and forecast weather conditions) there was enough power to fly to the first intended point of landing and , assuming normal cruising speed, to fly after that for at least I 0 minutes. In reaching t hi s conclusion, the F AA considered that the UAS batteries for the DB- UAS provide approximately 50 minutes of powered flight (with payload) and provided battery level and battery time remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the DB-UAS operating manual states: "start every flight with a fully charged battery in the aerial vehicl e", and that in the event that the DB-UAS should run low on power, the PIC will be alerted and can safely land the- DB-UAS as soon as possible. Like the VDOS Grant of Exemption, Dakota's use of the DB-UAS, combined with the requirements of Petitioner's Operations Manuals , ensure that an equivalent level of safety can be achieved and in fact exceeded. S imilarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditions) , there was enough power to safely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. Dakota w ill adhere to this limitation for its DB-UAS flights. The DB-UAS includes a low battery warning system and the amount of battery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from the DB-UAS to a ground

-based-on

- screen display. 20 As required by Dakota's Operations Manuals , the PIC will promptly fly the DB-UAS back to the home launch location or predetermined abort location where it may safely land, while still maintaining a minimum of25% reserve battery power. Dakota submits that the procedures requiring flights to be safely terminated once the batteries fall below 25% capacity, combined with the requirement that flights only be conducted within a secure , isolated area, using a UAS weighing less than 55 pounds, and within VLO S of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to the public to that provided by the regulations from which exemption is sought. 

### VI. DRUG AND ALCOHOL PROGRAM

19. Grant of Exemption No. 11112 to VDOS Global, LLC ( FAA-2014-0382 at 10)
. 20. The DB-UAS ground control station displays , the UASs position, navigation route , tai l number, a ltitude , heading, north seeking arrow , range to targets , calculated target pos ition , date/time , and sen sor heading and orientation relative to the UAS.U.S Department ofTransportation November 17 ,20 15 Page 20
Dakota will have policies in place to ensure that no person may participate in DB-UAS flight operations if they are under the influence of alcohol or any drug. 

### VII. PUBLIC I NTEREST The public interest will be served by granting Dakota's Petition for Exemption. Congress has established a national policy that favors early integration ofUAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act-the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemak.ing. The proposed DB-UAS operations in this Petition for Exemption significantly improves the safety and reduces risk of harm , physical injury and property damage to the publ ic at large, the property owners from whom permission was granted for use by Petitione r and abutting properties, staffof Petitioner, unsuspecting passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity. Traditional methods of providing surveillance and mapping serv ices location personn e l to climb towers, trees, venture onto precarious roofs and other dangerous scenarios , perform elevated work for which the individual is neither trained nor equipped to perform, which exposes them to unnecessary risk of serious physical injmy from dangerous falls or other physical mishaps. Moreover, inspectors/surveyors are often unnecessarily exposed to hazardous conditions, un safe environments, culturally tense situations and other hazards associated with identifying specific locations for potential recording sites to be used 

### in the end product. The use of small UAS can eliminate these hazards and ultimately create a much safer method of performing these types of inspections creating a safer environment for the public as well as Dakota employees. The use of small UAS also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable fuel, the UAS carry no passengers , crew or explosive fuel. Furthermore, in the unl ikely event of an accident , Dakota's small battery powered DB-UAS presents significantly less danger to persons on the ground when compared to operations by conventional manned aircraft. 21 As Petitioner's DB -UAS are batter y powered, the public will 

### also benefit from a reduction in harmful petroleum based emissions associated with conventional aircraft performing in the sa me functions proposed herein
. Air quality will naturally be improved with the r eduction of fuel powered veh icles. Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UAS prov ide an additional economic tool for the aerial filming notwithstanding the industry, add ing a

2 1 See Grant of Exemption No. 11158 to Team 5, LLC (FAA-20 14-0783 at 12): "Manned helicopters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner' s UAs will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be remotely located from the aircraft. The limited weight significantl y reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or accident. Risk to an on board pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming operation."U.S Department of Transportation November 17 , 2015 Page 21 greater degree of flexibility, which supplements the current capabilities offered by manned aircraft. 22 The quality of the finished product is enhanced and provides a greater finished product demand which will aid the current UAS industry and provide additional job s as the cost of providing the needed product is greatly reduced while reducing the difficulty with which the finished product is created. The demand for the current industrial product is increasing and will continue to increase given the enhanced flexibility of production; therefore , given the lower cost. owner /operators and others in the relevant industry will be more inclined to utilize the services of commercial UAS along with an appropriate licensed PIC's. VIII. PRIV ACY All DB

- UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted over private or controlled-access property with permission f rom the land owner /controller or authorized representative. Permission from land owner /controller or authorized representative will be obtained for each flight to be conducted. IX. FEDE RAL REG ISTER SUMMA RY Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations: Part 21, Subpart H ; Part 27; 45.23 (b) ; 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.1 03; 91.1 09(a); 91.119(c); 91.121 ; 91.151 (a); 91.203 (a) & (b); 9l.405(a); 91.407(a)(l); 91.409(a)(l) & (2); 91.417 (a) & (b). The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general public , property owners and city structures from the substantial hazards associated with performing equivalent film work and aerial video production with conventional fixed

- wing aircraft, rotorcraft, or other methods. 

### X. CO NCLUS ION Dakota's Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of2012 which includes weight; speed; operating capabilities; proximity to airports and populated areas; operation within VLOS and national security. The proposed DB-UAS operations will benefit the public as a whole by improving safety and reducing risk by al leviating human exposure to danger while lowering the attendant related costs thereby increasing the demand for the finished product. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate justification for granting the requested exemptions allowing Dakota to use small DB- UAS in the recorded production of its product. We thank you for your prompt consideration of our requested exemptions.

2 2See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA

-20 14-0794 at 18).U.S Department ofTransportation November 17 , 2015 Page 22

Kien Ly Dakota Benjamin, Inc. P.O. Box 81081 San Marino, CA 91 I 18 Phone: 626.500
. 6009 Ema il: D avidly2012 @ gmail.com 

## ...

(The following attached items contain proprietary and commercial information exempt from disclosure under the Freedom oflnformati on Act, 5 U.S.C. 

### § 522 et seq. , and should be held in a separate file pursuant to 14 C.F. R . § 11.35 (b)). Attachments: 

### 1. General Operations Manual 2. PIC Operating Manual 3. Company Protocols 4. Location Protocols 5. Fl ight Communications Pr otocols 6. Departing Location Protocols 7. Transmitter Protocols 

### 8. Preflight Checklist 9. Post Flight Checklist I 0. Equipment Checklist 11. UAS Manufacturer's Manuals a. User Manuals b. UAS Maintenance Manuals