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

August 7, 2015 

VIA FED EX ONLY (TRACKING #774239302773) 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Ramsey Ammar 

303-582-8229 

rammar@polsinelli.com 

Re: Petition of DT Aerial Photography for Exemption Pursuant to Section 333 of 

the FAA Modernization and Reform Act of 2012 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 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 of its 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 

established by the Federal Aviation Administration ("FAA") for the operation of a sUASs. 

1 The Flight Operations Manual and Operator's Handbook both contain confidential, trade secret and proprietary 

information that F4D Studio has not and will not share with others. Petitioner submits the Flight Operations Manual 

and Operator's Handbook and all information contained therein as proprietary and confidential information pursuant 

to 14 C.F.R. § 11.35(b). The Flight Operations Manual and Operator's Handbook contain operating conditions and 

procedures that are not available to the public and are protected from release under the Freedom of Information Act, 

5 U.S.C. § 552 et seq. 

polsinelli.com 

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St. Louis Washington, DC Wilmington 

Polsinelli PC, Polsinelli LLP in California 
US Department of Transportation 

August 7, 2015 

Page 2 

I LEGAL AUTHORITY AND OVERVIEW 

1. Legal and Regulatory Framework 

The FMRA provides that "the Secretary of Transportation shall determine if certain unmanned 

aircraft systems may operate safely in the national airspace system ... " prior to final completion 

of the required Reform Act plan and the subsequent rule-making. § 333(a). 

In making this determination, the Secretary of Transportation shall determine, at a minimum-

(1) Which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation 

within visual line of sight do not create a hazard to users of the national airspace 

system or the public or pose a threat to national security; and 

(2) Whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1). 

§333(b) (1)-(2). Finally, §333 provides that "[i]fthe Secretary determines under this section that 

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 FAA has promulgated guidance for UAS users that wish to obtain a Section 333 exemption. 

The FAA has recommended that 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 of UAS intended for use, operating 

procedures, and aircraft loading information; 

2. Operational procedures, including pre-flight inspections, maintenance, and repair; 

3. Radio Frequency ("RF") spectrum used for control ofthe UAS and associated equipment 

that is part of the UAS and whether it complies with Federal Communications 

Commission ("FCC") or other appropriate government oversight requirements; 

4. A description of the Pilot in Command ("PIC") directly responsible for the operation of 

the UAS, including the level of airman certificate held, any applicable training related to 

the operation, and any minimum hours of flight experience required by the PIC, both total 

flight time and the time with the particular UAS; 

5. The medical standards and certification of the PIC directly responsible for the operation 

of the UAS; 

6. The intended UAS operations, including how the operation would not adversely affect 

safety, or how they would provide a level of safety at least equivalent to that provided by 

the rule from which exemption is 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 safety mitigations associated with these proposed conditions; 
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August 7, 2015 

Page 3 

8. The characteristics of the area of intended operation and the associated potential hazards 

and proximity to populated areas; 

9. The proximity to airports; 

10. A description of how the application intends to operate the UAS within visual line-ofsight ("VLOS"); 

11. Any procedures to conduct a preflight safety risk assessment to determine that the UAS is 

in a condition for safe flight and that the planned operation can be 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 comply with such regulations; and 

13. The applicant's intent to obtain a Certificate of Waiver of Authorization ("COA'') from 

the FAA Air Traffic Organization. 

Additionally, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator decides a requested 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) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F .R. § 11.81 

(petitions for exemption). 

2. DT Aerial Photography Meets and Exceeds the Legal and Regulatory Requirements 

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 qualify for expedited approval under §333 ofthe FMRA. Each of the statutory criteria 

and other relevant 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 of safety beyond that existing when fixed or rotor 

wing aircraft are used to accomplish the same purpose. 

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 capability to hover and move in the 

vertical and horizontal plane. DTAP's sUASs will operate in a visual line of sight, or pursuant to 

the prevailing FAA regulations and guidance, and will only operate within those areas described 

in the enclosed Flight Operations Manual. 

Given the small size of the 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 by exemption pending completion of formal rulemaking. Also, due 

to the size of the sUASs and the restricted area in which the sUASs will operate, approval ofthe 

application presents no national security issue. 
US Department ofTransportation 

August 7, 2015 

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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 way of producing aerial data collection. 

Considering the clear direction in §333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, 

and the significant public benefit, the grant of the requested exemptions is also in the public 

interest. Accordingly, DTAP respectfully requests the FAA grant the requested exemption 

without delay. 

I MEET DT AERIAL PHOTOGRAPHY 

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 be provided 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 DT Aerial Photography: 

DT Aerial Photography, LLC 

Attn: Doug La Farge 

1630 A 301h Street 

Suite 246 

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 of safety to operations conducted under current regulatory 

guidelines: 

1. The sUAS will weigh less than 55 pounds. 

2. Flights will be operated within line of sight of the Operator. 

3. Maximum total flight time for each operational flight will be limited to the 
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August 7, 2015 

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amount of time the sUAS can be flown and still maintain a reserve battery power 

of no less than 25%. 

4. Flights will be operated at an altitude of no 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, or people not associated with the 

operation or who have not signed a waiver in advance of the 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 of the safety perimeter be present for this 

briefing. 

9. The Operator will have been trained in operations of sUAS generally and received 

up-to-date information on the particular sUAS to be operated as required in the 

Flight Operation Manual. 

10. Written and/or oral permission from the relevant property holders will be 

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. If the sUAS loses transmission signal, the sUAS will have the capability to return 

to a pre-determined location and land. 

13. Contingency plans will be in place to safely terminate flight if there is a loss of 

transmitter communications or a loss of GPS signal. 

14. The sUAS will have the capability to abort a flight m case of unpredicted 

obstacles or emergencies. 

I REQUESTED EXEMPTIONS 

In conjunction with the mandates of the Reform Act, the Federal Aviation Act expressly grants 

the FAA the authority to issue exemptions. This statutory authority, by its terms, includes 

exempting civil aircraft, as the term is defined under§ 40101 of the Act, including sUASs, from 

its safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. 
US Department of Transportation 

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. 

Listed below are (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the 

operating procedures and safeguards that Petitioner has established which will ensure a level of 

safety better than or equal to the rules from which exemption is 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 of airworthiness and registration certificates as required 

by 14 C.F.R. Given the size and limited operating area associated with the sUAS to be utilized 

by the Petitioner, an exemption from Part 21, Subpart H, meets the requirements of an equivalent 

level of safety under Part 11 and §333 of the FMRA. 

The Federal Aviation Act and §333 of the FMRA 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 

UAS. In all cases, an analysis of these 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 certificate without restrictions and conditions ofthe proposed sUAS operations. 

Equivalent Level of Safety 

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 

monitored by the Operator pursuant to the Flight Operations Manual's requirements, 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 of the public, and property owners than conventional operations 

conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to national security 

posed by the DTAP sUAS, due to its size, speed of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

14 C.F .R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

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 same reasons Identified 

in the exemption request from 14 C.F.R. Part 21, Subpart H. 
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August 7, 2015 

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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 or hire, and which would also have the 

effect of requiring a second-class medical certificate. This provision limits private pilots to noncommercial operations. 

Equivalent Level of Safety 

Because the DTAP sUASs will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring a ground crew member 

to have a private pilot's license rather than 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 a private pilot in the ground crew exceeds the present level of safety achieved by 

14 C.F.R. Sec. 61.113(a) and (b). 

Furthermore, the aerial data collection conducted by DT AP 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 

policy to conduct its operations, when possible, during times when third persons not involved in 

the production are expected to be limited and to the extent possible, to provide notice to affected 

third persons when production and operations will occur. 

Finally, the FAA has consistently provided in its published exemptions that a Pilot in Command 

("PIC") and a Visual Observer ("VO") hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. In addition, the PIC and VO must also hold a current FAA 

airman medical certificate or a valid U.S. driver's license issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal Government. 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 

altitudes below 500' AGL, DTAP respectfully request that this exemption be 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 aircraft marking and identification requirements 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 aircraft unless that aircraft is identified in accordance with Part 45 of this chapter." 
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Page 8 

Equivalent Level of Safety 

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 by having the sUAS marked 

on its fuselage as required by§ 45.29(£). In addition, DTAP is aware of the 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): Exemption Nos. 10700, 10167 and 10167A. 

E. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual 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 person may operate a U.S.-registered civil aircraft-

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 

Flight Manual, approved manual material, markings and placards, or any combination 

thereof. 

Given the physical dimensions of the DTAP sUASs, configuration and load capacity, the DTAP 

sUASs have no ability to carry such a manual on the aircraft, not only because there is no pilot 

on board, but because there is simply no room or capacity to carry such an item on the aircraft. 

Equivalent Level of Safety 

The safety related purpose of this manual requirement can be equally satisfied by maintaining the 

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 of the UAS any time the aircraft is operating.") 

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

DTAP seeks an exemption from 14 C.P.R. § 91.7(a), which requires that a civil aircraft be in 

airworthy condition to be operated. Inasmuch there will be no airworthiness certificate issued for 

the sUAS, should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. 
US Department of Transportation 

August 7, 2015 

Page9 

Equivalent Level of Safety 

All of the DTAP sUASs have a stellar safety record, demonstrating that the sUASs are 

airworthy. Further, given the size of the DTAP sUASs and the requirements contained in the 

Flight Operation Manual for maintenance and pre-flight safety check lists, an equivalent level of 

safety will be provided. 

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: Preflight Action 

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 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved flight manual is required on board the aircraft. 

Equivalent Level of Safety 

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 takeoff distance, and aircraft performance data - before initiation of 

flight. The Operator's Handbook will be kept 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 safety within the industry. 

H. 14 C.F.R. § 91.105 Flight Crew Members 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 safety belt fastened ... [and] keep his 

or her shoulder harness fastened while at his or her assigned duty station." 

Equivalent Level of Safety 

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 an unmanned aircraft, having neither pilot nor crew so as to be stationed 

or harnessed as required by the regulation. An equivalent or even higher level of safety can be 

provided instead by using an unmanned aircraft controlled by a 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 remotely piloted aircraft, by 

their design, do not have functional dual controls. Instead, flight control is accomplished through 
US Department ofTransportation 

August 7, 2015 

Page 10 

the use of a box that communicates with the aircraft via radio communications. 

Equivalent Level of Safety 

Given the size and speed of the 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 of a 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 of aircraft 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 of the aircraft. Enhancing this safety is the 

technology inherent in the remote controls utilizing digital communications that are paired to the 

sUASs, making it nearly impossible to unintentionally or intentionally have the control 

communications interrupted. 

The FAA has approved exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft. Exemptions include: Nos. 

5778K and 9862A. 

J. 14 C.F.R. § 91.119: Minimum Safe Altitudes 

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 or property on the surface," provided that "each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA." 

To provide the intended commercial aerial data collections, the DTAP sUASs are normally 

operated below 500 feet AGL. Additionally, due the nature of the proposed Uses, the DTAP 

sUASs will maintain a safe lateral and vertical distance from inhabited structures, buildings, 

vehicles, and vessels, and from people not associated with the operation. 

Equivalent Level of Safety 

Compared to flight operations with rotorcraft weighing far more than the maximum 55 pounds 

proposed herein, and given the lack of flammable fuel, any risk associated with these operations 

is far less than those that presently exist with conventional aircraft. An equivalent level of safety 

will be achieved given the size, weight, and speed of the 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 of the advance notice to the property owners and 

participants, all affected individuals will be well aware of the planned flight operations as set 

forth in the Flight Operation Manual. 
US Department of Transportation 

August 7, 2015 

Page 11 

Furthermore, by operating 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 of the DTAP sUASs demonstrate that the DTAP sUASs can be safely used at these lower 

altitudes and closer operating environments. 

K. 14 C.F.R. § 91.121: Altimeter Settings 

This petition seeks an exemption from 14 C.P.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport or barometric pressure. An exemption is required because the 

DTAP sUASs do not have a barometric altimeter, but rather a GPS altitude read out. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved by following the procedures set forth in the 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 

Operator will use the GPS altitude indicator to constantly monitor the DTAP sUAS's height, thus 

ensuring operation at safe altitudes. 

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in 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 of intended landing and, assuming normal cruising speed -

(1) During the day, to fly after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes. 

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 of its proposed operations within a 

predetermined area, a safety margin based on a reserve amount of battery life is needed. DT AP 

will not be conducting any sUAS flights at night. 

Equivalent Level of Safety 

An equivalent level of safety 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 be planned to be terminated with no less than 25% reserve battery power 

still available. This restriction would be more than adequate to return the DTAP sUASs safely to 

the ground and its planned landing zone from anywhere in its limited operating area even in the 
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August 7, 2015 

Page 12 

event of an unexpected occurrence. Operation ofthe DTAP sUASs with less than 30 minutes of 

reserve fuel does not include the type of risks 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 within the scope of prior exemptions, including Exemption Nos. 

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). The regulation states in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following: 

(1) An appropriate and current airworthiness certificate ... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under § 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to 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 need to be displayed. 

Equivalent Level of Safety 

To the extent these regulations are applicable to the proposed DTAP sUASs Uses, an equivalent 

level of safety will be achieved by keeping these documents at the ground control point where 

the Operator will have immediate access to them. 

The FAA has issued numerous exemptions to this regulation, including: Exemption Nos. 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 

DT AP 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 specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, 

e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the 

aircraft inspected as prescribed in subpart E of this part and shall between required 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, which the sUAS will not have. 
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Equivalent Level of Safety 

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 in the Flight Operation Manual, the operator will 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 

equivalent level of safety. 

If mechanical 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 of time during daylight 

hours, creates less risk than that associated with conventional rotorcraft performing the same 

operation. 

I PUBLIC 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 

safety has been a priority of state 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 of aerial data and 

the proposed Uses, provides a far safer alternative to the collection of that same data by manned 

aircraft. In addition, in the event of an 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 battery powered 

electric motors are barely audible during the take-off phase, and cannot be heard when operating 

more than 1 00 feet above ground level. 

By using 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 of a 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 or 
US Department of Transportation 

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 very light weight and do not carry 

any flammable fuel, further reducing the risk from any potential 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 over public right-of-way or private 

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. 

I FEDERAL REGISTRY SUMMARY 

Pursuant to 14 C.P.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is 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 

risk to DT Aerial Photography, the general public and property owners. 

The DTAP sUASs, all weighing less than 55 pounds, with payload, and powered by batteries, 

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried 

on board. 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 the DTAP sUASs will provide an equivalent level of safety, supporting the 

grant of the exemptions requested herein, including exempting the applicant from the 

requirements of Part 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 of Transportation 

August 7, 2015 

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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 of the 

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 

appended hereto. 

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 way of producing data by aerial means. 

Please do not hesitate to contact me at any time if you have any questions about this exemption 

request or its attached documents. 

Sincerely, 

Ramsey Ammar 

Encls: Flight Operations Manual (CONFIDENTIAL- NOT FOR PUBLIC RELEASE) 

sUAS Operator's Handbook (CONFIDENTIAL- NOT FOR PUBLIC RELEASE) 

Exhibits-- DJI Spreading Wings S800 Manufacturer's Safety and Use Guides 

Flight Operations Manual (CONFIDENTIAL- NOT FOR PUBLIC RELEASE) 

sUAS Operator's Handbook (CONFIDENTIAL- NOT FOR PUBLIC RELEASE) 

Exhibits-- 3d Robotics X8 Manufacturer's Safety and Use Guides 

Flight Operations Manual (CONFIDENTIAL- NOT FOR PUBLIC RELEASE) 

sUAS Operator's Handbook (CONFIDENTIAL- NOT FOR PUBLIC RELEASE) 
I 

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US Department ofTransportation 

August 7, 2015 

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Exhibits -- TAROT Manufacturer's Safety and Use Guides