September 15, 2015

Dark Brothers Creative (DBC) 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 in­person visual inspection required by various federal regulatory

departments, it would allow DBC 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 fail­safe 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 the Drone Fleet & Aerospace Management Operations Manual for flights

covered under this Exemption Request.

1 P.L. 112­95, 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 of 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

DBC is in the business of Consulting on, Building & Maintaining Mission Specific sUAS

for our clients. DBC Clients look to us for Safe Operations of sUAS. We have developed

specific DBC Safe UAV Operational Procedures. Increasingly, we have clients looking

to operate sUAS for Infrastructure Safety & Maintenance Inspections.

Infrastructure Safety Inspection Operations: Utility Inspection

Railroad Inspection

Pipeline Inspection

Oil­Field Inspection Petro/Chemical/Manufacturing Inspection Construction Site

Inspection

Agriculture Inspection

As part of this DBC 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 such 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 providing 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 that

operations will not have an adverse impact on safety. To the contrary, as explained

below, DBC anticipates that use of sUAS will enhance safety in infrastructure

operations. Granting an Exemption is in the Public Interest. The safety and efficiency of

infrastructure operations is heavily dependent upon constant analysis of assets,

right­of­way, infrastructure and other assets/facilities. There are a wide variety of factors

that can affect conditions and cause problems for infrastructure. Even relatively small

objects or minor failures can lead to accidents or other incidents causing downtime of
infrastructure. Extreme weather events can lead to flooding or overheating

infrastructure. For example earthquakes, landslides, and abandoned vehicles at grade

crossings can block infrastructure. The potential for sabotage and terrorism – or even

just trespassing – are also among the many risks that modern infrastructure faces.

As a result, pursuant to federal regulations and company policy, our client’s

maintenance employees routinely inspect the infrastructure, such as bridges, tunnels,

support structures, and signals. At present, this work is done primarily by company

personnel in

motor vehicles, on foot, in specialized equipment. This is often a labor­intensive and

sometimes arduous job. While our clients do all they can to make these inspections as

safe as possible, there is an irreducible element of risk involved whenever employees

are required to go out on structures. Employees may need to climb over or onto

structures, which can be slippery, rough, and/or exposed to the elements. Some

structures, such as bridges, are high above the ground. Equipment moving through

inspection zones can increase risk as well, especially in high­traffic areas. While the use

of sUAS for supplemental infrastructure and general 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.

Additionally, the sheer amount of assets and the widely dispersed locations – in many

instances far from sizeable population centers – means that visual inspection in all

instances by company personnel can be inefficient. Aerial analysis by traditional fixed

wing aircraft is impractical because the required altitudes for safe flight reduce visibility

below meaningful levels – it is simply not possible to see all asset 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 for deployment. By using sUAS for supplemental asset evaluation,

DBC will be able to substantially upgrade its capacity to detect and address issues with

the right­of­way and other assets before they become a problem for safe operations.
Thus, the use of sUAS has the potential to improve efficiency, resulting in faster and

safer delivery of goods, energy & natural resources vital to the U.S. economy.

Granting an Exemption will not Adversely Affect Safety

DBC 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 conducted 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 and the ones contemplated by DBC. 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 believe 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 not adversely affect safety. DBC contemplates conducting

sUAS operations over client 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, because 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 pipeline,

utilities, railroad track and oil production sites are fenced, elevated, or otherwise

secured to prevent access. Other long stretches of infrastructure are, as noted above, in

very remote wilderness areas. The nature of operations anticipated by DBC requires

that the sUAS be flown at relatively low altitudes and relatively low speeds. DBC

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. DBC also plans to conduct sUAS operations at least three miles from

any public airports (including heliports). In the event an operation needs to be

conducted closer to an airport, DBC 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 operations of sUASs in the infrastructure

aerial inspection industry will enhance safety by reducing risk. 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 virtually 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 aircraft 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 Exemption 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 conventional 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. Security will be established for the

flight area as part of the pre­flight 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.

DBC initially intends to use a dedicated staff for sUAS operations. All operations will be

within visual line­of­sight (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 take­offs 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 aeronautical knowledge, UAS
airmanship skills, and verification through testing of flight ability before infrastructures operations

have commenced. Depending on the type of operation, additional ground­based visual

observers may be employed as well. These observers will be within constant visual line

of sight and in 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 key factors needed by the PIC are

knowledge of the airspace within which the operation will take 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 commercial 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 operate 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 pre­approved 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 PIC

has at least an FAA Private Pilots Certificate and a Class III medical; the aircraft be

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 the 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 employed 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 full­scale aircraft pilots who

are also qualified to fly the type of sUAS that are utilized for infrastructure

image­capture operations. There are even fewer commercial pilots that can fly these

sUAS – to the point that to do both is considered rare. Assuming that it is unlikely for a

company to find a pilot that has both qualifications, that company would either have to

source a qualified 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) Private Pilot’s license and a Class III medical;

2) A minimum of 200 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 sUAS 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 of a knowledge & skill test of the aircraft to be used.

Another consideration supporting the certificate requirement is that pilots holding a

private pilot certificate are subject to security screening by the Department of Homeland

Security. This requirement should ameliorate security concerns over UAS operations

under this exemption.

DBC 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 to 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 provided in Section 333 of PL 112­95 in reference to 49

USC 44704, and in consideration of the size, weight, speed, and limited operating area

associated with the aircraft and its operation, we request that this aircraft exemption meets the

conditions of Section 333. Therefore, if granted Section 333 relief of 14 CFR part 21, and any

associated noise certification and testing requirements of part 36, is not necessary.

Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft

Given the size of the sUAV, two­inch lettering will be impossible. UA will be identified by

serial number, registered in accordance with 14 CFR part 47, and have identification

(N­Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large

as practicable.

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

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

the UAS. DFAM’s UAS will not require an airworthiness certificate in accordance with 14

CFR part 21, Subpart H. Based on 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 regulations 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 may 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

Small 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 DBC allow the UAS

Instructor 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.

DBC does not describe training scenarios in which a dual set of controls would be

utilized or required, i.e. dual flight instruction, provided by a flight instructor or other

company­designated individual, that would require that individual to have fully

functioning dual controls. Rather, DBC evaluates the qualification of its PICs based on

their experience with the UAS to be operated and verifies through testing, in lieu of

formalized training. As such, DBC 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 applicable,

because the DBC’s operations will only be conducted within the secured area described

herein.

DBC Safety Operations & Procedures Overview:

Technology Considerations:

Best­in­class, tried and proven technologies that are in advanced iterations. Software from

highly­reputable 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 pre­determined 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 real­time 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. On­Screen­Display (OSD) contains operating information to ascertain vehicle health at all

times: speed, altitude, number of GPS satellites (when available), heading and voltage.

7. GPS lock supplies for return­to­home (RTH). Should Command and Control (C2) link failures

occur (highly improbable), vehicle returns 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 ground­based on­screen 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.

Mechanical/Physical:

1. We will fly line­of­sight (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 less 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 Lipo batteries on­site.

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 and 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 prior 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 operations

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 obtained. 7. Pilot and

observer will have been trained in operation of UAS generally and received up­to­date

information on the particular UAS to be operated.

Operations:

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), including

energy source(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 FAA­issued medical certificate.

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 manual 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

responsibility 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 update 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 (AFS­80) may be contacted if questions arise regarding

updates or revisions to the operator’s manual.

7. 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.

8. 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 manual.

9. 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

requirements 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 speed 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 a private pilot certificate and at

least a current third­class medical 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 logged 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 experience­building

flights can also be conducted under this petition of exemption to accomplish the

required flight cycles and flight time. During training, proficiency, and

experience­building flights, all persons 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.

12. Prior to operations conducted for the purpose of infrastructure 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 take­offs and three landings in the

preceding 90 days. Training, proficiency, experience­ building, and take­off 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,

experience­building, and take­off and landing currency flights all persons 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 exemption, 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 for the purpose of infrastructure inspection, a flight

demonstration, administered by an operator­approved 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 manual.

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 participating 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 Administrator has approved it. 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 barriers may protect nonparticipating persons (observers, the public,

news media, etc.) from debris in the event of an accident.

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

pre­determined location within the security perimeter and land or be recovered in accordance

with the operator’s manual.

19. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the operator’s manual.
20. Each UAS operation must be completed with 25% battery power remaining.

21. 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.

22. 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 (N­Number) markings in

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. 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.

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

Bulletins.

25. The operator must develop UAS technician qualification criteria. These criteria must be

added to the operator’s manual.

26. The preflight inspection section in the operator’s manual must be amended to include the

following requirement: The preflight inspection 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.

27. Before conducting operations, the radio frequency spectrum used for operation and control

of the UA must comply with the Federal Communications Commission (FCC) or other

appropriate government oversight agency requirements.

28. 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 3­day notification may be

waived with the concurrence of the FSDO. The plan of activities must include at least 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 on­scene operation of the UAS;

d. Make, model, and serial or N­number 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 exemption­holder or representative; and

h. A description of the flight activity, including 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.

29. 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.

30. The UA must 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.).

31. 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.

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

33. 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.

34. 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 non­towered

airport as denoted on a current FAA­published 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.

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

of the operational area as defined by the applicable COA must be reported to the FAA’s UAS

Integration Office (AFS­80) within 24 hours. Accidents must be reported to the National

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:
www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or

transgression is reviewed by AFS­80 and authorization to resume operations is provided.

Support for Petition for Exemption

In accordance with the procedural requirements of 14 C.F.R. §11.81, DBC provides the

following information:

Contact Information:

Marcus Sotelo

CEO

Dark Brothers Creative 1980 Placentia Ave Suite A

Costa Mesa, CA 92627

(213) 265­2227 marcussotelo@gmail.com darkbrotherscreative@gmail.com

Regulatory Provisions from which DBC seeks an Exemption

DBC 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)

DFAM believes an exemption is only needed from the above­listed regulatory
provisions. To the extent that the FAA believes that additional relief is required for DBC

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 and will

require an exemption, DBC 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 authorizes 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 of these criteria demonstrates that the sUAS operated without an

airworthiness certificate in the areas and under the conditions contemplated by DBC 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 under 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 conventional 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 with 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 these 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 an 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 section, 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 private 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.

*****

DBC anticipates initially using a cadre of specially trained staff to conduct the

sUAS operations. While these individuals will not hold commercial pilot licenses. The

sUAS will not carry property for compensation or hire since they will be used solely to

assist in evaluation of the infrastructure, equipment, right­of­way, assets, bridges,

tunnels and out­buildings in furtherance of DBC’s client’s primary business, the

successful operation of a infrastructure; however, the employees’ operation of the sUAS

will not be incidental to their employment with DBC, and they will be compensated for

such work. Without an exemption, the pilot would be required to hold a commercial pilot

certificate under §61.133. However, the risk associated 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 envelope under the sole control of DBC clients.

Accordingly, the risk would be limited to DBC personnel, who will be appropriately

outfitted in safety gear, and DBC client’s property on the ground. Requiring a

commercial pilot certificate would provide no appreciable safety benefit and would

needlessly impose additional cost on DBC. 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.

*****

DBC 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 also 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 not adversely affect safety, DBC clients has exclusive use of the land

over 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 objects of evaluation and analysis. DBC’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. DBC 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 “...to 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 safety 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 encoded telemetric data

feed, which downlinks from the aircraft to a ground­based on­screen 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 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.
(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 after that for at

least 20 minutes.

*****

Operating the sUAS in a pre­defined 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 flown to an alternate airport or circle the planned

airport in the event of unanticipated conditions. DBC does not intend to use the sUAS

for point­to­point flights and will not operate the sUAS beyond visual line of sight. Nor

will the sUAS require an airport in order to land. Rather, DBC will operate the sUAS

using pre­planned 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

time­ based excess fuel requirement. 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), 91.407(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 inspections, 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 aircraft 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 chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part

21 of this chapter.

*****

§91.417 (a) & (b)

*****

DBC believes that an exemption from these three maintenance requirements is

appropriate because the FAA has 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 initial airworthiness and annual return to service

inspections required by §91.409(a). DBC 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.

Please do not hesitate to contact me at the phone number or via the e­mail address

provided above should you have any questions or concerns.

Respectfully submitted,

Marcus Sotelo

CEO, Dark Brothers Creative

Appendix A

Summary for Federal Register Publication
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: Drone Fleet & Aerospace Management, Inc. (DBC)

Sections of 14 C.F.R. Affected: 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 conduct sUAS operations over DBC Client’s owned or controlled land,

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 anticipated by DBC requires that the sUAS be flown at relatively low

altitudes. DBC 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 400 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
See Attached_2 Flight Manuals:

DJI Inspire 1 User Manual V1.08

#2 ­ DJI Phantom 3

See Attached_3 Flight Manuals:

DJI Phantom 3 User Manual

Appendix C

Please see the attached_4 Confidential & Proprietary: Dark Brothers Creative Flight

Operation & Procedures Manual (FOPM)