DRONE TECH

2352 NORTH 7TH STREET, UNIT B

GRAND JUNCTION, COLORADO 81501

PHONE: (970) 245‐4101, FAX: (970) 242‐7908

AERIAL TOPOGRAPHY HIGH RESOLUTION PHOTOS

December 15, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12‐140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re:  Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a),

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and

(b).

Dear Sir or Madam:  

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and

14 C.F.R. as noted above, Drone Tech seeks an exemption from the Federal Aviation

Regulations (FARs) listed above to allow operation of our UASs commercially in airspace

regulated by the FARs so long as such operations are conducted with an under the conditions

outlined herein or as may be established by the FAA as required by Section 333.  This

exemption is similar to previous FAA issued grants of exemption including but not limited to

Exemption Nos. 11062, 11109, 11112, 11213 and 12645.

The name and address of the applicant is:

Drone Tech

2352 N 7th Street, Unit B

Grand Junction, CO 81501

This exemption application is expressly submitted to achieve Congress' goal in passing Section

333(a) through (c) of the Reform Act. The reform act directs the Secretary of Transportation to

consider whether certain unmanned aircraft systems may operate safely in the national

airspace system (NAS) before completion of the rulemaking required under Section 332 of the

Reform Act. In making this determination, the Secretary is required to determine which types of

UASs do not create a hazard to users of the NAS or the public or pose a threat to national

security in light of the following:  
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The UAS's size, weight, speed, and operational capability;  

Operation of the UAS in close proximity to airports and populated areas; and  

Operation of the UAS within visual line of sight of the operator.  

Reform Act§ 333 (a If the Secretary decides that such vehicles “may operate safely in the

national airspace system, the Secretary shall establish requirements for the safe operation of

such aircraft in the national airspace system.” Id. §333(c). Drone Tech believes the provisions

found in section 333 of the Reform Act creates an obligation for the FAA to process applications

for exemption and, if necessary, for the FAA to create standards for safe use if such standards

proposed in this petition for exemption fail to meet statutory requirements for approval.

§44704; 14 CFR §91.203 (a) (1).The requested exemptions would permit Drone Tech to fly UASs

while conducting business related to aerial data collection.  The UASs weigh less than 55 lbs.,

including payload, and operate at speeds less than 45 mph. The UASs will operate only in visual

line of site and will not create a hazard to users of the national airspace system or the public.

Landowner permission will be secured for each location over which the UAS's operate.  

Data collected with the UASs will be used to develop video inspections, contour maps,  three

dimensional models and aerial photographs.  These products will be used as the basis for

engineering design drawings.  A UAS provides a more efficient and safe means to collect precise

land survey data than conventional survey techniques using the Global Positioning System or

aerial photography collected from manned aircraft. Operators using an UAS are able to collect a

larger amount of data in a shorter amount of time than with conventional survey techniques

while employees remain in a fixed position rather than moving through safety hazards such as

traffic or active construction equipment. Similarly, the use of a UASs allows the operator to

collect aerial photography without putting a pilot at risk in an airplane operating on flammable

fuels. The UAS relies on battery power and is light enough to pose minimal threat to the general

public. There is no credible threat to national security posed by UASs, due to their size, speed of

operation, location of operation, lack of explosive materials or flammable liquid fuels, and

inability to carry a substantial external load.  

Drone Tech is petitioning for exemption to enable it to operate a series of UAS platforms

namely: Trimble ZX5, DJI Phantom2, DJI Phantom 2 Vision, DJI Inspire, DJI S1000, DJI S900, DJI

Phantom 3 Professional, 3D Robotics X8 and 3d Robotics IRIS+ to collect aerial data.   

Drone Tech agrees to the following limitations and conditions for UAS operations for aerial data

collection:

1. The flight crew will include a pilot in charge (PIC) and a visual observer (VO).  

2. UAS to remain within visual line of sight (VLOS).

3. Operations to occur during Visual Flight Rules Meteorological Conditions (VMC)

4. Operations to occur during daylight hours.

5. Maximum flight altitude shall not exceed 400 feet above ground level.  
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6. Operations to be conducted over private or controlled‐access property .

7. Permission from land owner/controller required before commencing any flight.

8. At all operational times the pilot and observer will be able to maintain contact through

voice communication.

9. UAS will not operate within five nautical miles of an airport reference point.

10. Required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental

agencies  

The following specific reasons for exemption are submitted:  

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H,

entitled  Airworthiness Certificates, establishes the procedural requirements for the issuance of

airworthiness certificates as required by FAR §91.203 (a) (1). The small size of the UAS and

limited perimeter of the secured operations area allow for an equivalent level of safety as

outlined in 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

UAS.   The UAS operations do not pose a threat to the national security of the United States.   A

careful consideration of these factors makes it clear that UAS, lacking an airworthiness

certificate, but, implementing the proposed conditions and restrictions, can operate just as safe

if not safer than conventional aircraft with an airworthiness certificate.  The UAS to be operated

hereunder are less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no

explosive materials or flammable liquid fuels. Unlike other civil aircraft, operations under this

exemption will be tightly controlled and monitored by both the operator, pursuant to the UAS

Users Manual's requirements, and under the requirements and in compliance with local public

safety requirements, to provide security for the area of operation as is now done with

conventional aircraft. These safety enhancements, which already apply to civil aircraft operated

in connection with aerial crop scouting, provide a greater degree of safety to 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 UAS, due to its size, speed of operation,

location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry

a substantial external load.

  

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

The regulation requires:  

When marks include only the Roman capital letter "N" and the registration number is displayed

on limited, restricted or light‐sport category aircraft or experimental or provisionally

certificated aircraft, the operator must also display on that aircraft near each entrance to the

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the
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words "limited," "restricted," "light sport", "experimental," or "provisional", as applicable. Even

though the UASs will have no airworthiness certificate, an exemption may be needed as the

UAS will have no entrance to the cabin, cockpit or pilot station on which the word

"Experimental" can be placed. Given the size of the UAS, two‐inch lettering will be impossible.

The word "Experimental" will be placed on the fuselage in compliance with §45.29(f). The

equivalent level of safety will be provided by having the UAS marked on its fuselage as required

by §45.29 (f) where the pilot, observer and others working with the UAS will see the

identification of the UAS as "Experimental."  

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and limitations: Pilot in Command.  

Sections 61.113 (a) & (b) limit private pilots to non‐commercial operations. Because the UAS

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of

safety of current operations by requiring the PIC operating the aircraft to hold either an airline

transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a

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

District of Columbia, Puerto Rico, a territory, a possession, or the Federal government.  

14 C.F.R. §91.7(a): Civil aircraft airworthiness.  

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this

exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft and the requirements contained in the UAS User's Manual for

maintenance, the UAS will be reviewed for airworthiness prior to each flight.

  

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

Section 91.9 (b) (2) provides:  

No person may operate a U.S.‐registered civil aircraft ... 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.  The UAS, given its size and configuration has no

ability or place to carry such a flight manual on the aircraft, not only because there is no pilot

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

equivalent level of safety will be maintained by keeping the flight manual at the ground control

point where the pilot flying these UAS will have immediate access to it.  

14 C.F.R. § 91.103: Preflight action  

This regulation requires each pilot in command to take certain actions before flight to insure

the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the

aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth

in the UAS User's Manuals. The PIC will take all actions including reviewing weather, flight

battery requirements, landing and takeoff distances and aircraft performance data before

initiation of flight.

  
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14 C.F.R. §91.119: Minimum safe altitudes  

Section 91.119 establishes safe altitudes for operation of civil aircraft.  The equivalent level of

safety will be achieved given the size, weight, speed of the UAS as well as the location where it

is operated. Conventional aircraft flying below 500 AGL present a much larger risk to persons

and property than small UASs operating at the same altitude. Risks to conventional aircraft that

are not applicable to UASs include combustible fuel and large payloads as well as injury/loss of

life of aircrew. The low operating altitude will create a buffer between UASs operating below

400 feet AGL and conventional aircraft operating above 500 AGL as required by Section 91.119.

Section 91.119(c) provides that no aircraft shall operate within 500 AGL of any “person, vessel,

vehicle or structure”.  

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.  The UASs are, however, able to provide an equivalent level of safety

through use of GPS based altitude reporting equipment. The GPS component installed on the

UAS uses a communications telemetry data link to send real time altitude information to the

PIC to effectively monitor safety and the flight path. Methods include GPS triangulation,

digitally encoded barometric altimeter, radio altimeter or any combination. The GPS on the UAS

transmits the appropriate data digitally to a ground readout which is visible to the PIC at all

times.   

14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions  

Section 91.151 (a) prohibits an individual from beginning "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."

Since the UASs can only operate for a maximum of 30‐45 minutes before landing and replacing

their batteries, an exemption may be needed. Allowing UAS operations until battery life has

reached 20% of its full strength will ensure an equivalent level of safety compared to

conventional aircraft operations with 30 minutes extra fuel. The UAS is set to automatically

return to a predetermined landing spot in the case of emergency and this can be accomplished

very quickly. Conventional aircraft have much less flexibility for landing than a  UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections  

These regulations require that an aircraft operator or owner "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 ... ," and  others shall inspect or maintain the aircraft in compliance with Part 43.

These regulations are for conventional aircraft with an airworthiness certificate and are

therefore incompatible with the operations of an UAS. UAS operators are the best suited

people to perform maintenance on the UASs. This is because they have specialized knowledge

regarding the components that a typical aviation inspector would lack. The size, payload,

location restrictions and height limits allow for an equivalent level of safety. Maintenance shall