September 3, 2015 Docket Operations, M-30 U.S. DepartmentofTransportation 1200NewJerseyAvenue, Southeast RoomW12-140, WestBuilding GroundFloor Washington, DC 20590-0001 •**'~** <

RE: ExemptionRequestUnder Section 333 ofthe FAAReform Act and Part 11 ofthe FederalAviationRegulations
Dear Sir orMadam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "ReformAct" or "Section 333"), Subsection (f) of49 U.S.C. §44701, and 14 C.P.R. Part 11, OzAir, LLC ("OzAir") seeks an exemption from the Federal Aviation Regulations ("FARs") listed belowand discussedto allowitto operatetwo different small Unmanned Aircraft Systems (collectively, the "sUAS"): the DJI Phantom 3 and the DJI Spreading Wings S1000+. OzAir plans to use the sUAS for aerial inspection and documentation services as a service to clients ofvarious industries. The services include aerial surveys and mapping, inspections and obtaining still photographs, video and other data collected throughonboardinstrumentation. The safety and public benefits ofusing sUAS for commercial surveying and mapping, projectdocumentation, and inspection services are significant. The sUAS reducethe need to operate manned aircraft inunconventional operations, provide more accurate data in a manner that is more safe, economical and efficient, and with a reduced impact on the environment. Operations pursuant to the exemption will be subject to operating requirements and conditions. The DJI sUAS have extensive automated control features, redundant systems, and integrated fail-safes, and will be operatedunder controlled conditions and at lowaltitudes in airspace definedto a controlled operating area. Though the sUAS may safely be operated by one person, flight operations performed pursuant to this exemption will consist of at least two people: a pilot-in-command (the "PIC") andvisual observer. ThePIC is responsiblefor the direct.and safe operationofthe sUAS, monitoring its status and flight dynamics while maintaining visual line of sight and keeping the flight within the manufacturer's specified limits interms ofwind, flight range, battery life, etc. The observer will be responsible for monitoring the airspace for other aircraft andhazards, advising the PIC before and during flight ofall such observed risks, and monitoring the controlled operating area. The PIC will be a certificated airman with private pilot privileges and limitations, and maintain a current third-class medical certificate.ApplicantInformation OzAirLLC Jeffrey D. Hancock ManagingMember 6353 Harbour HavenDrive Manhattan, Kansas 66503 Ph: 785.587.4936 Exemptions Requested OzAirrespectfullyrequests exemptions from the following regulations: 14 C.F.R. Part21, Subpart H; 14 C.F.R. §91.7; 14 C.F.R. §91.9(b)(2); 14 C.F.R. § 91.113; 14 C.F.R. § 61.113(a), (b); 14 C.F.R. § 61.133(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.151; 14 C.F.R. § 91.203; 14 C.F.R. § 91.405(a) and (b); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. § 91.409(a)(1)-(2); and 14 C.F.R. § 91.417(a). 1. Airworthiness ofthe sUAS One element ofthe exemption application involves evidence ofthe airworthiness ofthe sUAS. OzAir and the manufacturers ofthe sUAS, DJI, believe that the sUAS have been shown to be airworthy and compliant with a significant level of safety. Many public agencies and organizations have received FAA permission to operate DJI aircraft commercially. As ofJuly of2015, more than 70 percent ofSection 333 exemptions are related to DJI aircraft. These aircraft include the Phantom and Spreading Wings product lines. To enhance safety, it is also importantto note thatthe sUAS are equipped with automated features which enhance safe takeoff, flight, and landing in many conditions, further details ofwhich are provided inthe descriptions ofboth aircraft includedinthe Appendix section ofthis request; and the Phantom 3 and S1 000+ operational manuals provided by the manufacturer. To maintain airworthiness, OzAir will follow a regular inspection and maintenance program. Thatprogramis enhancedby several automatic checks performedbythe sUAS. Malfunctions that occur during flight will be detected by the sUAS fault detection Page2systems, which communicate a fault warning to the PIC to take necessary action. For certain malfunctions and faults (i.e., lost communications), the sUAS will have been preprogrammed to automatically respond and land either at a designated location (e.g., a return-to-home or point of take-off) or in-place. In addition, OzAir will maintain emergency checklists for proper and safe malfunction responses that will be used by the PIC during operation of the sUAS. In the event of any malfunction, the sUAS will undergo all maintenance required by the manufacturer and undergo flight testing before recommencing commercial operations. 2. Proposed Operations and Associated Conditions OzAir intends to use the sUAS that weigh significantly less than 55 pounds for the purpose ofconducting aerial surveys and mapping ofland, as well as aerial inspection and documentation ofits projects. In the survey and mapping context, for example, the sUAS will be used to acquire photogrammetric or LightDetection and Ranging (LiDAR) datasets for use in land development and vertical infrastructure design. Similarly, OzAir plans to provide engineering-related inspection services with the sUAS to a number of industries. This includes, without limitation, the inspection of transportation infrastructure, the inspection of utility infrastructure, and the inspection of proposed future building sites. All sUAS operations will occur under tightly controlled conditions onpublic or privately owned land at the owner's request and consent, during daylight hours, and at altitudes below that which would pose a risk to other aircraft. The operations will take place in areas away from crowds and airports. Operations will remain within visual line-of-sight (VLOS) and below 400 feet AGL. In addition, OzAir will obtain a Certificate ofWaiver or Authorizationfrom the FAA Air Traffic Organizationto address airspace requirements andprovidenotificationby aNoticeto Airman (NOTAM), ifrequired. 3. OperatorRequirements OzAir will use a dedicated stafffor the sUAS operations. As a condition to the grant of the exemptions, OzAir will require that the PIC hold a private pilot's certificate and a valid third class medical certificate. The PIC will have accumulated and logged a minimum number offlight cycles and hours for daytime operations, as necessary. The PIC will also be subject to the flight review requirements pursuant to the Federal AviationRegulations ("FARs"). The proposed PIC at the time ofthis request for exemption is Jeffrey Hancock. Mr. Hancock has accumulated more than 750 hours as a private, instrument rated pilot. He holds a valid third class medical certificate, is current in terms of flight reviews and instrument flight requirements, he flies manned aircraft on a regular and frequent basis, andunmanned DJI aircraft on a similarlyregular andfrequent basis non-commercially.

Page 34. Public Interest The use ofthe sUAS in lieu ofcomparatively hazardous operations currently conducted with conventional fixed wing and rotary aircraft offers a net safety benefit and will achieve an enhanced level of safety, as mandated under Section 333(c) ofthe Reform Act. Approval ofthis application will also benefit the public interest by allowing better, safer, and more costefficientinformation for that willbe used inthe interest ofthe public for bothpublicly andprivatelyfunded projects. Conventional aerial survey and inspection operations using manned aircraft involve heavy aerial aircraft that must transit from airports to the operational location, carrying significant amounts of combustible fuel, and a multi-person crew. The nature of surveying and inspection operations magnifythe dangers ofusing conventional aircraft. By contrast, use ofthe sUAS is safe, economical and efficient. The Phantom 3 weighs a mere 2.9 lbs. and the Spreading Wings S1 000+ weighs 24.3 lbs including maximum payloads, they operate on battery power, are carried to and from the area ofactivity, do not require an airborne crew, and pose less risk to people and infrastructure on the ground. sUAS operations also avoid the need for inspection personnel to risk their lives onbuildings, bridges and other structures as well as intrafficto performinspections. The grant of the requested exemption is in the public interest and benefit, including enhanced safety and cost savings to be realized as a result ofthe use ofsUAS for aerial inspection and mapping services. Therefore, OzAir respectfully requests that the FAA granttherequested exemptionwithout as soon as possible. Respectively Submitted,

Attachments 1. ExhibitA - ExemptionRequest & Level ofSafetyEquivalences 2. ExhibitB- OzAir sUAS Operational Guidelines

Page 4EXHIBITA EXEMPTIONREQUEST & LEVEL OF SAFETYEQUIVALENCES 14 C.F.R. Part21, SubpartH: Airworthiness Certificates 14 CFR §91.203(a)(1) Section 91.203(a)(1) requires all civil aircraft to have a certificate ofairworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a)(l). Given the very small size of the sUAS and the limited operating area associated with their utilization, it is unnecessary to go through the certificate of airworthiness processunderPart21 SubpartHto achieve or exceed current safety levels. Such an exemptionmeets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe 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, andproximityto airports andpopulated areas oftheUAS involved. In this case, an analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness certificate, under the conditions proposedherein, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate. The Phantom 3 weighs 2.9 lbs. and the Spreading Wings S1 000+ weighs 24.3 lbs., including maximum payloads. The sUAS do not carry apilot or passenger, will not carry flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance with conditions set forth herein. Operations underthis exemption will be controlled and monitoredbythe operator, pursuant to the conditions set forth in the OzAir sUAS Operational Guidelines, the manufacturers' manuals, and by local public safetyrequirements.
14 C.F.R. § 91.7(a)-(b); CivilAircraftAirworthiness Section 91.7(a) requires that a civil aircraftmustbe in airworthy conditionto be operated. The FAA has concluded that no exemption is required under 14 C.P.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or otherwise found inapplicable. OzAir therefore respectfully requests that the FAA find the requirements for section 91.7(a) in accordance withthe agency's determination on 14 C.P.R. Part21, Subpart H. The agency similarlyfound thatrelieffrom section 91.7(b) is notwarranted, whichplaces responsibility on the PIC to ensure an aircraft is in a condition safe for flight. OzAir respectfully requests that the FAA find compliance with the manufacturer's manuals, the OzAir sUAS Operational Guidelines, and requirements of the grant of exemption, a sufficientmeans for ensuringthe sUAS are andremaininan airworthy condition.

Page 514 C.F.R. § 91.113; Right-of-Way Rules Section 91.113 requires that vigilance be maintainedby each person operating an aircraft to see and avoid other aircraft. Unlike manned aircraft, the sUAS pilotis not on-boardthe aircraftto observe and avoid other aircraft, operatingthe sUAS from the ground. OzAir's proposed operating conditions will achieve an equivalent or greater level of safety. All operations will involve two individuals-one certificated private pilot as the PIC and one visual observer who will monitorthe immediate and surrounding airspace of the sUAS operation for potential obstruction hazards and other possible intrusions. The sUAS will also be limited to designated areas below 400 feet AGL and within a predefined area. 14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; CommercialPilotPrivileges and Limitations. Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional aircraftthat carries apilot,passengers, and cargo, the sUAS inthis case are remotely controlled with no passengers or property ofothers on-board. Section 61.133(a) requires an individual with a commercial pilot's license to act as pilot in command ofan aircraft for compensation orhire. OzAir respectfully proposes that operator requirements should take into account the characteristics of the particular UAS. Here, the sUAS have a high degree of preprogrammed control and various built-in technical capabilities that strictly limit the potential for operation outside ofthe operating conditions set forth in the OzAir sUAS Operational Guidelines and the exemption application. The small size, endurance, range and payload capacities ofthe sUAS mean that no passengers and/or cargo will ever be carried by the aircraft. Rather, commercial operations will be strictly limited to conducting aerial surveys and mapping, inspections and acquiring aerial imagery. Consideringthese conditions, operating limitations and restrictions, an equivalentlevel of safety will be provided by allowing operation ofthe sUAS by OzAir with individuals who possess a valid FAAprivatepilot certificate and Third Class medical certificate. The risks associated withthe operation ofthe sUAS (giventheir small size, speed, operational capabilities and limitations, and lack of combustible fuel) are much less than manned aircraft. Operations ofthe sUAS in this case meets and exceeds the present level of safety provided under 14 C.P.R. § 61.113(a)-(b), and does not call for a commercial pilot certificate as setforth in § 61.133.

14 CFR § 91.119: Minimum SafeAltitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of500 feet abovethe surface, except overopenwater or sparselypopulated areas. Inthose cases, Page 6the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. As set forth herein, the sUAS will not operate at higher than 400 feet AGL. The sUAS will, however, be operated to avoid congested or populated areas. Because aerial survey work must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, anexemptionfrom Section 91.119(c) is needed. The equivalentlevel ofsafetywill be achieved giventhe size, weight, speed, andmaterialwithwhichthe sUAS arebuilt. Compared to operations conducted with aircraft or rotorcraft weighing far more than the sUAS, and carrying flammable fuel, any risk associated with these operations will be significantly less than those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations of the sUAS will maintain separation from operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. § 91.151(a): FuelRequirements for Flightin VFR Conditions This regulationprohibits anindividual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weatherconditions) there is enoughfuel to fly to the first point ofintended landing and, assuming normal cruising speed

- (1) Duringthe day, to fly afterthat for atleast 30 minutes; or (2) Atnight, to fly afterthatfor atleast45 minutes." Both the Phantom 3 and Spreading Wings S1000+ are powered by removable, rechargeable, lithium-polymer batteries that provide approximately 23 and 15 minutes of powered flight respectively. Without an exemption from § 14 CFR 91.151, flight with either sUAS by OzAir would not be permissible. Given the limitations on the proposed operations and their locations, a shorter reserve for flight in daylight VFR conditions is reasonable.
In the unlikely eventthat the sUAS should run out ofpower, each aircraft is designed to land on its own (e.g., an auto-land function is initiated upon a critical battery warning). Giventheir design, weight and constructionmaterial, the risks are less than contemplated bythe currentregulation. 14 C.F.R. §§ 91.9(b)(2); 91.203(a)-(b); Carriage of Civil Aircraft Airworthiness Certificate and Registration Sections 91.9(b) and 91.203(a)-(b) require an aircraft operator to carry airworthiness documents and other aircraft manuals onboardthe aircraft at all times. Because the sUAS are small in size and contain no cabin or flight deck, carriage of such documents and manuals is impossible. The intent of these regulations is to ensure that the PIC has access to important documents during flight. Here, an equivalent level of safety is achieved ifthe PIC has Page 7access to the applicable sUAS manual(s), registration certificate and other required documents atthe site from whichhe or she is operatingthe sUAS. 14 C.F.R. §§ 91.405(a); 407(a)(l); 409(a)(2); 417(a): MaintenanceInspections Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter.

..." Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance ofan airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records ofapproval ofthe aircraftfor returnto service. An equivalent level ofsafety will be achieved becausethe sUAS are small in size, are not complex mechanical devices, and the risk for significant damage to property or people is minimal. OzAir will perform all maintenance and inspections in accordance with the manufacturers' manuals and any required manufacturer Safety or Service Bulletins. In addition, the PIC will conduct a preflight inspection of the sUAS and all associated equipment to account for all discrepancies and/or inoperable components, pursuant to the OzAir sUAS Operational Guidelines. Maintenance will be performed and verified to address any conditions potentially affecting safe operation ofthe sUAS and no flights will occur unless and until all flight critical components ofthe sUAS have been found to be in a condition for safe operation. A functional flight test will be conducted following thereplacement ofany flight-critical components.

Page 8EXHIBITB OzAir sUAS Operational Guidelines 1) Operations shall be limited to the following aircraft: the DJI Phantom 3 and DJI Spreading Wings S 1 000+ (collectively "sUAS"). Proposed operations of any other aircraftwill require anewpetitionor apetitionto amendthis grantthroughthe FAA. 2) The sUAS shall not be flown at a ground speed exceeding 100 mph or no more than the maximum permissible operating speed required by the manufacturer, whichever is less. 3) Above Ground Level ("AGL") altitude shall be restricted to 400 feet. All altitudes reportedto Air Traffic Control ("ATC") shallbe infeet AGL. 4) The sUAS shall be operated within Visual Line-of-Sight ("VLOS") ofthe pilot-incommand ("PIC") and visual observer at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC'sFAA issued medical certificate. 5) All operations must utilize a visual observer. The observer and PIC must be able to communicate verbally at all times. The PIC must be designated before the flight and cannottransfer his or her designation for the duration ofthe flight. The PIC must confirm thatthe visual observer canperformthe functions prescribed. 6) Any and all additional requirements identified inthe exemption grantbythe FAA shall be addedto the OzAir sUAS Operational Guideline. 7) Prior to each flight the PIC must inspect the sUAS to confirm that it is in a condition for safe flight. The PIC shall not operate the aircraft ifthe inspection reveals a condition that affects the safe operation of the sUAS until the necessary maintenance has been performed andthe sUAS is found to bein a conditionfor safe flight. 8) Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics (e.g., replacement ofa flight critical component) must undergo afunctional test flight. 9) The manufacturer's UAS aircraft/component maintenance, overhaul, replacement, inspection, and life limit requirements, with particular attention to flight critical components thatmaynotbe addressedinthemanufacturer'smanualsmustbe followed. 1

0) The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. ThePIC must also meettheflight reviewrequirements specified in 14 C.F.R. §61.56 in an aircraft inwhichthe PIC is rated onhis orherpilotcertificate.

Page 911) OzAir will not permit any PIC to operate the sUAS unless and until that PIC has demonstrated that he or she is able to safely operate the sUAS in a manner consistent with how the sUAS will be operated pursuant to this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 12) Prior to operation under exemption, the PIC must have accumulated and logged a minimum of 1 hour as sUAS pilot operating the sUAS and three take-offs and three landings withinthepreceding 90 days. 13) The sUAS shall not be operated directly over any person, except authorized and consenting individuals, below an altitude that is hazardous to persons or property on the surface inthe event ofa sUAS failure or emergency. 14) Operation ofthe sUAS must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures. 15) Ifthe sUAS loses communications or loses its GPS signal, the sUAS mustreturn to a pre-determined location. 16) The sUAS must abortthe flight inthe event ofunpredictedobstacles or emergencies. 17) All aircraft operated in accordance with the requested exemption must be identified by serial number, registered in accordance with 14 C.F.R. Part47, andhave identification (N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings shall be as large as practicable. 18) Each sUAS must complywithall manufacturer System and Safety Bulletins. 19) The preflight inspection shall account for all discrepancies (i.e., inoperable components, items, or equipment) not covered in the relevant pre-flight inspection sections ofthe manufacturer's operating manual. 20) The radio frequency spectrum used for operation and control of the sUAS must comply with Federal Communication (FCC) or other appropriate government oversight agency requirements. 21) The documents required under 14 C.F.R. §§ 91.9 and 91.203 shall be available to the operator on site any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official uponrequest. 22) The sUAS must remain clear and yield the right of way to all other manned operations and activities at all times. 23) Operations shall occurunderVisual Meteorological Conditions (VMC).

Page 1024) sUAS shall notbe operatedfrom any moving device or vehicle. 25) sUAS shall not be operated less than 500 feet below or less than 2,000 feet horizontallyfrom a cloud orwhenvisibility is less than 3 statute miles from the PIC. 26) Operations shall not occur in congested or densely populated areas. The sUAS may not operate in Class B, C, D or E airspace without written approval from the controlling authority. Operations will notbe conductedwithin a 5NMrange ofthe geographic center ofan airport as denoted on a currentFAA-published aeronautical chartunless permission has been obtained from the local control tower or, in the case ofa nontowered airport, written notice has been provided to the airport's management, and the operation is conductedinaccordance with aNOT AM as requiredbythe grant ofthis exemption. 27) Take-off and landing operations shall be conducted over private and/or controlledaccess property (i.e. no unauthorized persons). Permission from the landowner, controller, manager or authorized representative will be obtained for each flight to be conducted. 28) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA shall be reported to the FAA'sUAS Integration Office (AFS-80) within24 hours. Accidents shall be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 29) UAS operationsmaynotbe conducted during night, as definedby 14 C.P.R.§ 1.1.

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