# ~OLSINELLI 1515 Wynkoop, Suite 600, Denver, CO, 80202 • 303.572.9300

August 7, 2015

VIAFED EXONLY (TRACKING#774239302773) U.S. Department ofTransportation, Docket Operations WestBuilding Ground Floor, Room w12-140 1200NewJerseyAve., SE Washington, DC 20590 Ramsey Ammar 303-582-8229 rammar@polsinelli.com

Re: Petition ofDTAerialPhotographyfor ExemptionPursuantto Section 333 of theFAA Modernization andReformActof 2012 Dear SirorMadam: Pursuant to Section 333 oftheFAA Modernization andReformActof 2012 ("FMRA") and 14 C.P.R. Part 11, DT Aerial Photography ("DTAP"), operator of Small Unmanned Aircraft Systems ("sUASs") equipped to conduct aerial data collection services, aerial photography, videography, sensing and imaging services, including but not limited to aerial photography and videography for commercial and private real estate, surface mapping for GIS purposes, and infrared sensing for infrastructure inspection (collectively the "Uses"), hereby applies for an exemption from the below listed Federal Aviation Administration Regulations ("FARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and under the conditions outlined herein, in accord with the enclosed DT Aerial Photography Operations Manual ("Flight Operations Manual"), in compliance with the sUAS Operator's Handbook and all manufacturers' operations and/or instructions manuals ("Operator's Handbook")\ and in strict compliance any and all rules, regulations, and practices as may be establishedbythe Federal AviationAdministration 

### ("FAA") for the operation ofa sUASs.

1 The Flight Operations Manual and Operator's Handbook both contain confidential, trade secret and proprietary informationthat F4D Studio has not and will not share with others. Petitioner submits the Flight OperationsManual and Operator's Handbook and all informationcontainedtherein as proprietary and confidentialinformationpursuant to 14 C.F.R. § 11.35(b). The Flight Operations Manual and Operator's Handbook contain operating conditions and proceduresthat are not available to the public and are protected from release under the FreedomofInformationAct, 5U.S.C. § 552 etseq. polsinelli.com Atlanta Chicago Dallas Denver Kansas City Los Angeles Nashville New York Phoenix San Francisco St. Louis Washington, DC Wilmington Polsinelli PC, Polsinelli LLP in CaliforniaUS DepartmentofTransportation August 7, 2015 Page 2 

### ILEGALAUTHORITY AND OVERVIEW

1. Legal and RegulatoryFramework The FMRA provides that "the Secretary ofTransportation shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace system

..." prior to final completion oftherequired Reform Actplan and the subsequentrule-making. § 333(a). In makingthis determination, the SecretaryofTransportation shall determine, at aminimum- (1) Which types ofunmanned aircraft systems, ifany, as a result oftheir size, weight, speed, operational capability, proximityto airports and populated areas, and operation within visual line of sight do not create a hazard to users ofthe national airspace system orthe public orpose athreatto national security; and (2) Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is required for the operation ofunmanned aircraft systems identifiedunderparagraph (1). §333(b) (1)-(2). Finally, §333 provides that "[i]fthe Secretarydetermines underthis sectionthat certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system." §333(c). The FAAhas promulgated guidance for UAS users that wishto obtain a Section 333 exemption. The FAAhas recommendedthat an applicant discuss the following items: 1. The safe operation of a UAS to minimize risk to the National Airspace ("NAS"), including the operational characteristic for the type ofUAS intended for use, operating procedures, and aircraft loadinginformation; 2. Operational procedures, includingpre-flight inspections, maintenance, and repair; 3. Radio Frequency ("RF") spectrum used for control oftheUAS and associated equipment that is part of the UAS and whether it complies with Federal Communications Commission ("FCC") or other appropriate governmentoversightrequirements; 4. A description ofthe Pilot in Command ("PIC") directly responsible for the operation of the UAS, including the level ofairman certificate held, any applicable training related to the operation, and anyminimumhours offlight experiencerequiredbythe PIC, bothtotal flight time and thetime withtheparticularUAS; 5. The medical standards and certification ofthe PIC directly responsible for the operation oftheUAS; 6. The intended UAS operations, including how the operation would not adversely affect safety, orhow theywould provide a level ofsafety at least equivalent to thatprovidedby therule from which exemptionis sought; 7. The proposed maximum operating speed and altitude, and describe the minimum flight visibility and distance from clouds for their intended operations, including any potential hazards and safetymitigations associated withtheseproposed conditions;US Department ofTransportation August 7, 2015 Page 3
8. The characteristics ofthe area ofintended operation and the associated potential hazards andproximityto populated areas; 9. Theproximityto airports; 10. A description ofhow the application intends to operate the UAS within visual line-ofsight ("VLOS"); 11. Anyprocedures to conduct apreflight safetyrisk assessment to determinethattheUAS is in a condition for safe flight and thattheplanned operation canbe completed safely; 12. To the extent the activity involves operations that have existing requirements, such as motion picture and television filming, or pipeline and power line control, how the application intends to complywith suchregulations; and 13. The applicant's intent to obtain a Certificate ofWaiver ofAuthorization ("COA'') from theFAAAirTraffic Organization. Additionally, the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides arequested exemption is in the public interest. See 49 U.S.C. § 44701(£) (permitting exemptions from §§ 44701(a), (b) and §§ 44702- 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) wouldbenefit the public as awhole, and (2) would not adversely affect safety (or how itwould provide a level ofsafety at least equal to the existingrules). See 14 C.F.R. § 11.81 (petitions for exemption). 2. DTAerialPhotographyMeets andExceeds theLegal andRegulatoryRequirements As will be shown herein, DTAP meets and exceeds the stated §333 requirements as well as the guidance promulgated by the FAA. The proposed operations and Uses in this petition for exemption qualifyfor expedited approval under §333 oftheFMRA. Each ofthe statutorycriteria and otherrelevant factors are satisfied. The proposed operations permit the use of small and relatively inexpensive UASs under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access; and that (4) provides an increased level ofsafetybeyond that existingwhenfixed orrotor wing aircraft are usedto accomplishthe samepurpose. DTAPs UASs are all multi-rotor sUASs, weighing 55 or fewer pounds, including payload. They operate, under normal conditions, at low speed and have the capabilityto hover and move inthe vertical and horizontal plane. DTAP's sUASs will operate in a visual line ofsight, orpursuantto the prevailing FAAregulations and guidance, and will only operate within those areas described in the enclosed Flight Operations Manual. Given the small size ofthe sUASs involved and the restricted environment within which they will operate, the comprehensive safety and operational parameters used by DTAP, and DTAP's commitment to compliance with the FAA's regulations now and into the future, this petition for exemption falls within the equivalent level of safety that Congress desired the FAA to permit commercial UAS operations byexemptionpending completion offormal rulemaking. Also, due to the size ofthe sUASs and the restricted area in whichthe sUASs will operate, approval ofthe applicationpresents no national securityissue.US Department ofTransportation August 7, 2015 Page4

In addition, granting the requested exemption will benefit the public interest as a whole in many ways, including: (1) significantly improving safety and reducing risk by alleviating human exposure to danger; (2) improving overall operations, including safety, for aerial data collection, aerial photography, videography, sensing and imaging services, which compared to traditional manned aircraft, will drastically decrease operating costs; and (3) providing an environmentally conscientious wayofproducing aerial data collection. Considering the clear directionin §333 ofthe Reform Act, the authority contained inthe Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, the grant ofthe requested exemptions is also in the public interest. Accordingly, DTAP respectfully requests the FAA grant the requested exemption without delay. 

### IMEET DT AERIALPHOTOGRAPHY

DTAP is a Colorado LLC any that operates Small Unmanned Aircraft Systems equipped to conduct aerial data collection. These aerial data collection services and Uses will beprovided to a variety of industries in both the private and public sector, including but not limited to commercial and private real estate, surface mapping for GIS purposes, and infrared sensing for infrastructure inspection. The DTAP team has extensive experience in both safely piloting sUASs and providing aerial photography, videography, sensing and imaging services using unmanned aerial vehicles and systems. Contact for DTAerial Photography: DTAerial Photography, LLC Attn: DougLaFarge 1630A 301 h Street Suite246 Boulder, CO 80304 928-699-0663



### I PROPOSED OPERATIONS

The attached manuals and materials describe, in detail, the policies and procedures for DTAP's proposed sUAS operations. To assist the FAA in its safety assessment of DTAP's proposed sUAS operations, below is a summary of operational limitations and conditions, which will ensure an equivalent or higher level ofsafety to operations conducted under current regulatory guidelines: 1. The sUAS will weighless than 55 pounds. 2. Flights willbe operated within line ofsight ofthe Operator. 3. Maximum total flight time for each operational flight will be limited to theUS Department ofTransportation August 7, 2015 Page 5

amount oftime the sUAS canbe flown and still maintain a reserve batterypower ofno less than 25%. 4. Flights will be operated at an altitude ofno more than 500 feet Above Ground Level ("AGL"). 5. Flights will be operated at a safe lateral and vertical distance from and above any inhabited structures, buildings, vehicles, vessels, orpeople not associated withthe operation orwho havenot signed awaiverin advance ofthe operation. 6. The sUAS Pilot with Pilot in Command responsibilities for the flight will be the designated Operator ("Operator"). 7. The sUAS will operate only within a confined area as described in the Flight Operations Manual. 8. A briefing will be conducted in regard to the planned sUAS operations prior to each day's missions. It will be mandatory that all personnel who will be performing duties within the boundaries ofthe safetyperimeterbepresent for this briefing. 9. The Operatorwill havebeentrained in operations ofsUAS generally andreceived up-to-date information on the particular sUAS to be operated as required in the Flight OperationManual. 10. Written and/or oralpermission from the relevantpropertyholders willbe obtained. 11. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 12. Ifthe sUAS loses transmission signal, the sUAS will have the capability to return to apre-determined location and land. 13. Contingency plans will be in place to safely terminate flight ifthere is a loss of transmittercommunications ora loss ofGPS signal. 14. The sUAS will have the capability to abort a flight m case of unpredicted obstacles oremergencies. 

### IREQUESTED EXEMPTIONS

In conjunction with the mandates ofthe ReformAct, the FederalAviationAct 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§ 40101 ofthe Act, including sUASs, from its safety regulations and minimum standards when the Administrator decides a requested exemptionis inthe publicinterest.US DepartmentofTransportation August 7, 2015 Page 6
DTAP seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 91 for purposes of conducting aerial data collection by unmanned aerial vehicles and systems. Listedbelow are (1) the specific sections of 14 C.F.R. for which exemptionis sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safetybetterthan or equal to therules from which exemptionis sought. A. 14 C.F.R. Part 21, Subpart H - Airworthiness Certificates and 14 C.F.R. 

### § 91.203(a) and (b) Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance ofairworthiness and registration certificates as required by 14 C.F.R. Given the size and limited operating area associated with the sUAS to be utilized bythe Petitioner, an exemption from Part21, SubpartH, meets therequirements ofan equivalent level ofsafetyunderPart 11 and §333 ofthe FMRA. The Federal Aviation Act and §333 ofthe FMRA both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness or registration certificate, in the restricted environment and under the conditions proposed, will be at least as safe as, or safer than, a conventional rotorcraft operating with an airworthiness certificatewithoutrestrictions and conditions oftheproposed sUAS operations. Equivalent Level ofSafety The sUAS to be operated by DTAP include DJI Spreading Wings S800; 3d Robotics X8; and TAROT FY680 (collectively the "DTAP sUASs"). The DTAP sUASs are all multi-rotor sUAS, weigh less than 55 pounds with payload, carry neither a pilot nor passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within a secured and sterile area. Unlike other civil aircraft, the proposed operations for all DTAP sUASs will be controlled and monitoredbythe Operatorpursuantto the Flight Operations Manual'srequirements, as attached. These safety enhancements, which already apply to civil aircraft operated in connection with existing commercial and private real estate, surface mapping for GIS purposes, and infrared sensing for infrastructure inspection operations, provide a greater degree of safety to DTAP employees, agents, members ofthe public, and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates thatthere is no crediblethreatto national security posed by the DTAP sUAS, due to its size, speed ofoperation, lack of explosive materials or flammable liquid fuels, and inabilityto carry a substantial external load. B. 14 C.F.R. Part27 Airworthiness Standards: Normal CategoryRotorcraft 14 C.F.R. Part 27 sets forth theprocedural requirements for airworthiness certification ofnormal category rotorcraft. To the extent DTAP would otherwise require certification under Part 27, DTAP seeks an exemption from Part 27's airworthiness standards for the samereasons Identified inthe exemptionrequest from 14 C.F.R. Part21, SubpartH.US Department ofTransportation August 7, 2015 Page 7
C. 14 C.F.R. § 61.113: Private Pilot Privileges And Limitations DTAP seeks an additional exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation orhire, and which would also have the effect ofrequiring a second-class medical certificate. This provision limits private pilots to noncommercial operations. Equivalent Level ofSafety Because the DTAP sUASs will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations byrequiring a ground crew member to have aprivate pilot's license ratherthan a commercials pilot's license to operation this sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the DTAP sUAS is remotely controlled with no persons on board. In addition, the area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The risks associated with the operation of the DTAP sUASs are so diminished from the level of risk associated with commercial operations contemplated by part 61 when drafted, that allowing operations as requested with aprivate pilot inthe ground crew exceeds the present level ofsafety achieved by 14 C.F.R. Sec. 61.113(a) and (b). Furthermore, the aerial data collection conducted by DTAP will be conducted in areas where access to the public is limited and controlled. As such, the operations will have no substantial impact on any third persons not involved in the production. DT Aerial Photography also has a policyto conduct its operations, when possible, during times when third persons not involved in theproduction are expected to belimited and to the extent possible, to provide notice to affected thirdpersons whenproduction and operations will occur. Finally, the FAA has consistentlyprovided in its published exemptions that a Pilot in Command ("PIC") and a Visual Observer ("VO") hold either an airline transport, commercial, private, recreational, or sportpilot certificate. In addition, the PIC and VO must also hold a currentFAA 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. See, Exemption 11407. Because DT Aerial Photography will (1) operate in controlled areas and under controlled parameters, (2) the DTAP PICs and VOs will have a valid airline transport, commercial, private, recreational, or sport pilot certificate and a current FAA airman medical certificate or a valid U.S. driver's license, and (3) the DTAP sUASs will be flown based on visual line-of-sight at altitudesbelow 500' AGL, DTAP respectfullyrequestthatthis exemptionbe granted. D. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements DTAP seeks an exemption from the aircraftmarking and identificationrequirements contained 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 requirements, provides that "[n]o person may operate a U.S.-registered civil aircraftunless that aircraftis identifiedin accordance withPart 45 ofthis chapter."US Department ofTransportation August 7, 2015 Page 8 Equivalent Level ofSafety The equivalent level of safety for exemptions to the aircraft marking and identification requirements of§§ 91.9(c), 45.23(b) and 45.27(a) will be provided byhaving the sUAS marked on its fuselage as required by§ 45.29(£). In addition, DTAP is aware ofthe numerous granted exemptions that required the sUAS's markings to be "as large as practicable." The FAA has previously issued the following related exemptions to the aircraft marking requirements of § 45.23(b): ExemptionNos. 10700, 10167 and 10167A. E. 14 C.F.R. § 91.9(b)(2): CivilAircraft FlightManual in the Aircraft DTAP seeks an exemption from the flight manual requirements of 14 C.P.R.§ 91.9(b)(2), which states: (b) No personmayoperate aU.S.-registered civil aircraft-

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 ofthis 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. Given the physical dimensions ofthe DTAP sUASs, configuration and load capacity, the DTAP sUASs have no ability to carry such a manual on the aircraft, not onlybecause there is no pilot onboard, butbecausethere is simplyno room orcapacityto carry such an item onthe aircraft. Equivalent Level ofSafety The safetyrelatedpurpose ofthis manualrequirement canbeequally satisfiedbymaintainingthe DTAP sUASs' flight manuals at the ground control point where the Operator will have immediate access to it. Accordingly, DTAP requests an exemption from 91.9(b)(2)'s flight manual requirements, on the condition that the DTAP sUASs' flight manuals be available at the control point during each operation. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, .32827, 10700, 11333, and 11407 ("documents required under 14 CPR §§ 91.9 and 91.203 rnust be available to the PIC**a~** the Ground Control Station ofthe UAS any time the aircraft is operating.") F. 14 C.F.R. §91.7(a): CivilAircraftAirworthiness DTAP seeks an exemption from 14 C.P.R. § 91.7(a), which requires that a civil aircraft be in airworthy conditionto be operated. Inasmuch there will beno airworthiness certificate issued for the sUAS, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.US Department ofTransportation August 7, 2015 Page9 EquivalentLevel ofSafety All of the DTAP sUASs have a stellar safety record, demonstrating that the sUASs are airworthy. Further, given the size ofthe DTAP sUASs and the requirements contained in the Flight Operation Manual for maintenance and pre-flight safety checklists, an equivalent level of safetywillbeprovided. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738,9299,9299A,9565,9565B, 10167, 10167A, 10602,32827, 10700,and 11333. G. 14 C.F.R. § 91.103: PreflightAction DTAP seeks an exemption from 14 C.P.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAAapproved flight manual on board the aircraft. While the PIC and VO will be familiar with all informationnecessaryto safely conductthe flight, an exemptionis requested to the extentthat an FAA-approved flight manual is required onboardthe aircraft. Equivalent Level ofSafety An equivalent level of safety will be provided by following the Operator's Handbook. The Operator will take all required preflight actions

- including reviewing weather, flight battery requirements, landing and takeoffdistance, and aircraft performance data

- before initiation of flight. The Operator's Handbook will bekept at the ground station with the operator at all times. Further, DTAP will utilize all safety and manufacturer's manuals to ensure it adheres to the highest standards for safetywithintheindustry. H. 14 C.F.R. § 91.105 Flight CrewMembers at Stations DTAP seeks an exemption from 14 C.P.R. 91.105, which provides that "each required flight crewmember shall be at the crewmember station

...keep the safetybelt fastened

... [and] keep his orher shoulderharness fastened while athis orher assigned duty station." Equivalent Level ofSafety In general, § 91.105 requires pilot and crew to be at their duty stations and harnessed during flight. Petitioner seeks exemption from Section 91.105 because the DTAP sUASs in the instant petition is by definition anunmanned aircraft, havingneitherpilotnor crew so as to be stationed or harnessed as required bythe regulation. An equivalent or even higher level ofsafety can be provided insteadbyusing an unmanned aircraft controlledbya PIC who at all times is located at and controls the DTAP sUASs from the ground control system. I. 14 C.F.R. § 91.109(a): Flight Instruction DTAP seeks an exemption from 14 C.P.R. § 91.109(a), which provides that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." sUASs and remotelypiloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished throughUS Department ofTransportation August 7, 2015 Page 10
theuse ofabox that communicates withthe aircraftviaradio communications. Equivalent Level ofSafety Given the size and speed ofthe DTAP sUASs, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the DTAP sUASs, and all persons will be a safe distance away in the event that the DTAP sUASs experiences any difficulties during flight instruction. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See, Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. Enhancing this safety is the technologyinherent in theremote controls utilizing digital communications that are paired to the sUASs, making it nearly impossible to unintentionally or intentionally have the control communications interrupted. The FAAhas approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. Exemptions include: Nos. 5778K and 9862A. J. 14 C.F.R. §91.119: MinimumSafeAltitudes DT AP requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe 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.P.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 orpropertyonthe surface," providedthat "eachperson operatingthe helicopter complies with anyroutes or altitudes specificallyprescribed for helicoptersbythe FAA." To provide the intended commercial aerial data collections, the DTAP sUASs are normally operated below 500 feet AGL. Additionally, due the nature ofthe proposed Uses, the DTAP sUASs will maintain a safe lateral and vertical distance from inhabited structures, buildings, vehicles, and vessels, and from peoplenot associated withthe operation. Equivalent Level ofSafety Compared to flight operations with rotorcraft weighing far more than the maximum 55 pounds proposed herein, and given the lack offlammable fuel, anyrisk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level ofsafety will be achieved given the size, weight, and speed ofthe DTAP sUASs, as well as the location where it is operated. As set forth in the Flight Operation Manual, the DTAP sUASs will be operated in a confined area, where buildings and people will not be exposed to operations without their pre-obtained consent. Because ofthe advance notice to the property owners and participants, all affected individuals will be well aware ofthe planned flight operations as set forth inthe Flight OperationManual.US Department ofTransportation August 7, 2015 Page 11 Furthermore, byoperating at such lower altitudes, the DTAP sUASs will not interfere with other aircraft that are subject to the minimum safe altitude regulations. Finally, the successful safety record ofthe DTAP sUASs demonstrate that the DTAP sUASs canbe safelyused at these lower altitudes and closeroperating environments. K. 14 C.F.R. § 91.121: Altimeter Settings This petition seeks an exemption from 14 C.P.R. § 91.121, whichrequires a person operating an aircraft to maintain cruising altitude or flight level byreference to an altimeter that is set to the elevation ofthe departure airport or barometric pressure. An exemption is required because the DTAP sUASs do nothave abarometric altimeter, butrather a GPS altituderead out. Equivalent Level ofSafety An equivalent level ofsafety will be achievedbyfollowing the procedures set forth inthe Flight Operation Manual. As prescribed in the Flight Operation Manual, the operator will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the Operatorwill use the GPS altitude indicatorto constantlymonitorthe DTAP sUAS's height, thus ensuring operation at safe altitudes. L. 14 C.F.R. § 91.151(a): FuelRequirements for Flightin VFR Conditions DTAP requests an exemption from 14 C.P.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 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 ofintended landing and, assumingnormal cruising speed

- (1) Duringthe day, to fly afterthat for atleast 30 minutes; or (2) Atnight, to fly afterthat for at least45 minutes. Here, the battery powering the DTAP sUASs, which are all multi-rotor sUASs, provide approximately 15 minutes of powered flight. Additional information on the battery for each proposed DTAP sUASs is attached to this submission. To meet the 30 minutes reserve requirement in 14 C.P.R. § 91.151, sUAS flights could not be conducted. Given the limitations on the DTAP sUASs' proposed flight area and the location ofits proposed operations within a predetermined area, a safety margin based on a reserve amount ofbattery life is needed. DTAP will notbe conducting any sUAS flights at night. Equivalent Level ofSafety An equivalent level ofsafety will be achieved because the operations will be conducted on-site without significant transit time by the DTAP sUASs. As detailed by the attached Operations Manual, all flights will beplanned to beterminated with no less than 25% reservebatterypower still available. This restriction wouldbemore than adequate to return the DTAP sUASs safelyto the ground and its planned landing zone from anywhere in its limited operating area even in theUS Department ofTransportation August 7, 2015 Page 12

event ofan unexpected occurrence. Operation ofthe DTAP sUASs with less than 30 minutes of reserve fuel does not include the type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS, and the proximity of the flight operation to the landing zone. This request for exemption falls withinthe scope ofprior exemptions, including ExemptionNos. 10673, 2689F, 5745, 10673, 10808 and 11333. M. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration DTAP seeks an exemption from civil aircraft certification and registration requirements of 14 C.F.R. §91.203(a) and (b). Theregulation states inpertinentpart: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has withinitthe following: (1) Anappropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legibleto passengers or crew. An exemption to this regulation is necessary because: (1) the DTAP sUAS's configuration, load capacity and size does not allow it to carry certification and registration documents; (2) the DTAP sUASs do not have a cabin or cockpit entrance at which documents could be displayed; and (3) there are no passengers or crew for whom the certificates needto bedisplayed. Equivalent Level ofSafety To the extent these regulations are applicable to the proposed DTAP sUASs Uses, an equivalent level ofsafety will be achieved by keeping these documents at the ground control point where the Operatorwill haveimmediate access to them. The FAAhas issuednumerous exemptions to thisregulation, including: ExemptionNos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. M. 14 C.F.R. §91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections DTAP also seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(l), 91.409(a)(2), 91.417(a) and (b). These regulations specifymaintenance and inspection standards inreference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpart E ofthis part and shall between required ions

...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, whichthe sUAS will nothave.US Department ofTransportation August 7, 2015 Page 13 Equivalent Level ofSafety An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the attached Operator's Handbook as referenced in the Flight Operation Manual. As provided inthe Flight Operation Manual, the operatorwill ensure that the DTAP sUASs are in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. The operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalentlevel ofsafety. Ifmechanical issues arise, the DTAP sUASs' size and carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods oftime during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation. 

### IPUBLIC INTEREST

Granting DTAP's exemption furthers the public interest on numerous levels. National policy set by Congress favors early integration of UAS into the national airspace in controlled, safe working environments such as those propose in this petition. In addition, maintaining industrial safetyhas been apriorityofstate and local governments for decades.
DTAP also believes that the use of sUASs for aerial data collection and the proposed Uses provides a valuable public service and addresses a common public concern: safety. The use of sUAS's in a controlled and safe manner, as described herein for the collection ofaerial data and the proposed Uses, provides a far safer alternative to the collection ofthat same databymanned aircraft. In addition, in the event ofan unforeseen incident, a sUAS causes far less disruption than traditional manned aircraft. In addition, conducting aerial data collection from the DTAP sUASs, meets another common public concern in the noise and pollution caused by traditional manned aircraft. The use of sUASs significantly reduces the levels of air and noise pollution generated during traditional aerial data collection service operations conducted by manned aircraft. By using battery power and electric motors, the sUAS produces no air pollution, and is the most viable environmentally conscious alternative to piston or turbine powered rotorcraft. The sUAS, while reducing the carbon footprint for aerial data collection, also eliminates noise pollution as its batterypowered electric motors are barely audible during the take-offphase, and cannotbeheard when operating morethan 1 00 feet above groundlevel. Byusing the DTAP sUASs to collect aerial data, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of aircrew members located onboard the aircraft, the minimal size and weight ofa sUAS creates less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct for aerial data collection. Relatedly, the sUAS contains no reactive or combustible materials on board and thus the potential for fire orUS Department ofTransportation August 7, 2015 Page 14 explosions is greatly diminished. In addition, granting the exemption will help advance the knowledge base for conducting commercial UAS operations. This additional data will help the FAA set future rules regarding UAS flight operations, maintenance, and crew qualifications. The public also has an interest in reducing the hazards and emissions associated with alternate use of helicopters to conduct similar aerial data collection. The proposed DTAP sUASs are verylight weight and do not carry any flammable fuel, further reducingthe risk from anypotential accident. LPRIVACY

All of the proposed flights and data collection will be conducted only after obtaining any individual subject matter's permission. All flights will occur overpublic right-of-way orprivate property with the property owner's prior consent and knowledge. The proposed operations will not impact privacy concerns beyond those already implicated by manned aircraft aerial data collection operations. 

# IFEDERALREGISTRY SUMMARY

Pursuant to 14 C.P.R. Part 11, the following summary is provided for publication in the Federal Register, should itbe determined thatpublicationis needed: DT Aerial Photography seeks an exemption from the following rules: 14 CPR Part 21, Subpart H; 14 CPR Part 27; 14 CPR 45.23(b); 45.27 (a); 14 C.P.R. 61.113; 14 CPR 91.7(a); 14 CPR 91.9(b)(2); 14 CPR 91.9(c); 14 CPR 91.103; 14 CPR 91.105; 14 CPR 91.109(a); 14 CPR 91.119; 14 CPR 91.121; 14 CPR 91.151(a); 14 CPR 91.203 (a) & (b); 14 CPR 91.405(a); 14 CPR 91.407(a)(l); 14 CPR 91.409(a)(1)and (2); 14 CPR 91.417 (a) & (b). Approval of these exemptions allowing commercial operations of small and lightweight unmanned aircraft ("sUAS") to conduct aerial data collection will enhance safety by reducing riskto DT Aerial Photography, the general public and propertyowners. The DTAP sUASs, all weighing less than 55 pounds, with payload, and powered by batteries, eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried onboard. The sUAS will carryno passengers or crew and, therefore, will not expose them to the risks associated withmanned aircraft flights. The operation ofthe DTAP sUASs will provide an equivalent level of safety, supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements ofPart 21 and allowing commercial operations. These lightweight sUASs operate at slow speeds, close to the ground, and in a controlled environment. As a result, they are far safer than aerial data collection operations conducted with manned fixed wing aircraft or helicopters.US Department ofTransportation August 7, 2015 Page 15



### I CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act-size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security-provides more than adequate justification for the grant ofthe requested exemptions to permit DT Aerial Photography to operate sUASs for aerial data collection operations in accordance with the Flight Operation and Operator's Handbook appendedhereto. Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger, (2) improving aerial data collection service operations and decreasing operating costs, and (3) providing an environmentally conscientious wayofproducingdatabyaerial means. Please do not hesitate to contact me at any time ifyou have any questions about this exemption request orits attached documents. Sincerely,

RamseyAmmar

Encls: Flight Operations Manual (CONFIDENTIAL- NOT FORPUBLIC RELEASE) sUAS Operator'sHandbook (CONFIDENTIAL- NOT FORPUBLIC RELEASE) Exhibits-- DJI SpreadingWings S800 Manufacturer's Safetyand Use Guides

Flight Operations Manual (CONFIDENTIAL- NOT FORPUBLIC RELEASE) sUAS Operator's Handbook (CONFIDENTIAL- NOT FORPUBLIC RELEASE) Exhibits-- 3dRobotics X8 Manufacturer's Safety and Use Guides

Flight Operations Manual (CONFIDENTIAL- NOT FORPUBLIC RELEASE) sUAS Operator's Handbook (CONFIDENTIAL- NOT FORPUBLIC RELEASE)I\ US Department ofTransportation August7, 2015 Page 16
Exhibits

-- TAROT Manufacturer's Safetyand Use Guides