June 19 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of D ro neView Technologies for an Exemption Pursuant to Section 333

of the FAA Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Moderni zation and Reform Act of 2012 (Reform Act ) and 14 C.F.R. Part 11, D roneView T echnologies ( D VT ) hereby applies for an exemption from the Federal Aviation Regulations (FARs ) identified below to allow commercial operation of small unmanned aerial vehicles ( i.e., s mall unmanned aircraft or UAS ) for aerial data collection.

In addition t o this Petition for Exemption, DVT will also submit the following supporting documents (hereinafter referred to as "operating documents"):

 DVT UAS Operations Manual

.

DVT submits th is supporting material as a confidential document pursuant to 14 C.F.R. § 11.35(b), as it contains confidential commercial and/or proprietary information that DVT has not and will not share with others. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and a re protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq. Albany

Atlanta

Brussels

Denver

Los Angeles

Miami

New York 1676 International Drive • Penthouse McLean, VA 22102
Tel: 703.336.8800 mckennalong.com Northern Virginia

Orange County

Rancho Santa Fe

San Diego

San Francisco

Seoul

Washington, DC

Mark E. McKi nnon 703.336.8714 Email Address mmckinnon@mckennalong.comU.S. Department of Transportation

June 19, 2015 Page 2

For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operation

III. Relevant Statutory Authority

IV

. DV T 's Proposed UAS Operations Meet the Requirements of Section 333 of the

Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions in DVT 's Operating Documents

V. Regulations From Which Exemption is Sought

A

. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

B

. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

C

. 61.113 , 61.101(e)(4) and (5): Private and Recreational Pilot Privileges and

Limitations

D

. 91.7(a): Civil Aircraft Airworthiness

E

. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certificat ion and Registration

F

. 91.103: Preflight Action

G

. 91.109(a): Flight Instruction

H

. 91.119(b) and (c): Minimum Safe Altitudes

I

. 91.121: Altimeter Settings

J

. 91.151(a): Fuel Requirements for Flight in VFR Conditions

VI

. Drug and Alcohol Program

V II. Public Interest

VIII. Privacy

IX. National Security

X. Federal Register Summary

XI. ConclusionU.S. Department of Transportation

June 19, 2015 Page 3

I. D ESCRIPTION OF P ETITIONER

DVT Technologies was formed in 2014 to capitalize on the rapidly evolving commercial

drone market with technolo gy solutions, services offerings and training courses. DVT ’ s founders each have 25+ years of entrepreneurial leadership experience

– creating and growing niche technology and business service companies

The contact information for Petitioner is as follow s:

DroneView Technologies 1750 S. Telegraph Road

Suite 200 Bloomfield Township, MI 48302

II. D ESCRIPTION P ROPOSED O PERATION

DVT seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI Inspire 1 for aerial data collection purposes in support of real estate, construction, and other commercial enterprises . The proposed operations in this Petition for Exemption are substantially similar to those contained in prior FAA Grants of Exemption, including:

 Fa lconSkyCam (Exemption No. 11195),

 Singer's Creations (Exemption No. 11191),

 Capital Aerial Video, LLC (Exemption No. 11174), and

 Douglas Trudeau, Realtor (Exemption No. 11138).

As discussed in Section IV(B) below, all UAS operations will occur under ti ghtly controlled conditions on private property where DVT has received permission to operate from the landowner, controller or authorized representative. The UAS will be operated in accordance with the requirements contained in the accompanying DVT operat ing documents, and in accordance with the requirements of an applicable Certificate of Waiver or Authorization ("COA"). Among other things, and as detailed in the operating documents , all UAS operations will occur in uncontrolled airspace, within visual line

- of

- sight (VLOS ) of the pilot and visual observer, and will be limited to daytime VFR conditions. Moreover, DVT 's operating documents incorporate redundant safeguards

to assure that the aircraft does not travel outside the co ntrolled area of UAS opera tions.

III. R ELEVANT S TATUTORY A UTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integratio n of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based on the following conside rations:U.S. Department of Transportation

June 19, 2015 Page 4

 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 the visual line of sight of the operator.

Additionally, the FAA Administrator has ge neral authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (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).

IV. DVT ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333 O F THE
R EFORM A CT

DVT 's proposed operations in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are

satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

T he FAA has previously determined that a Grant of Exemption is appropriate for operations conducted using the DJI Inspire I due to its size, weight, speed, and operational capability. See e.g.,

 Exemption No. 11 789 to Legend Creative Group, Docket No. FAA

- 2015

- 1004

Specifically, the FAA has found the following characteristics of the DJI Inspire 1 to warrant approval for a Grant of Exemption:

 The Inspire 1 weighs less than 7 lbs (including the battery).

 Maximum flight speed for the Inspire 1 is 50 miles p er hour

.

 The Inspire 1 has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an au to

- pilot system to maintain UAS stabili ty and control.

The UAS is also able to respond to a loss of GPS or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver

. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation and mitigate the risk of

command and control link failures

.U.S. Department of Transportation

June 19, 2015 Page 5

 Al titude information will be generated by equipment onboard the UA as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination

thereof. This information will be transmitted to the pilot via telemetric da ta feed.

 The radio frequencies used for operations and control of the UAS comply with the Fede ral Communications Commission (FCC ) and other appropriate government oversight agency requirements.

If the same proposed operations were conducted using a heli copter, the aircraft's take

- off weight would likely exceed 6,000 pounds. The difference in weight between the DJI Inspire 1 (which carries no passengers, crew, or flammable fuel), significantly reduces the potential harm to the participating and non

- part icipating individuals or property in the eve nt of an accident or incident.

B. Approval is Warranted Based on the Operational Restrictions in DVT 's Operating Documents

DVT 's operating documents contain all the procedures and limitations necessary to safely and successfully perform the proposed operations . To assist the FAA in making a safety assessment of

DVT ' s proposed operations, below is a summary of operational limitations and conditions that DVT will adhere to, and which will ensure an equiva lent or higher level of safety to operations conducted under current regulatory guidelines:

1. Operations authorized by the grant of exemption will be limited to the DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of a ny other aircraft will require a new petition or a petition to amend this grant.

2. The UA will not be operated at a speed exceeding 50 miles per hour.

3. The UA will be operated at an altitude of no more than 400 feet above ground level (AGL).

Altitude will be reported in feet AGL.

4. The UA will be operated within VLOS of the PIC at all times.

5. All operations will utilize a visual observer (VO). The UA will be operated within the VLOS of the PIC and VO at all times. The VO may be used to satisfy the VLOS req uirement as long as the PIC always maintains VLOS capability. The VO and PIC will be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC will be designated before the flight and cann ot transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can perform the duties required of the VO.

6. Any UAS that has undergone maintenance or alterations that affect the UAS operation a functional test flight prio r to conducti ng further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and will remain at least 500 feet fromU.S. Department of Transportation

June 19, 2015 Page 6

other people. The functional test flight will be conducted in such a manner so as to not pose

a n undue hazar d to persons and property.

7. The operator will maintain and inspect the UAS to ensure that it is in a condition for safe operation.

8. Prior to each flight, the PIC will conduct a pre

- flight inspection and determine the UAS is in

a condition for safe flight . The pre

- flight inspection will account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from ope ratin g until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

9. The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraf t an d aircraft components.

10. Each UAS operated under this exemption will comply with all manufacturer safety bulletins.

11. The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot

certificate. The PIC will also hold a curr ent FAA airman medical certificate or a valid U.S.

driver’s license . The PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

12. The operator will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons , vessels, vehicles and structures.

13. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not auth orized.

14. The UA will not operate within 5 nautical miles of an airport reference point (ARP ), unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder.

15. The UA may not be operat ed less than 500 feet below or less than 2,000 feet h orizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

16. If the UAS loses communications or loses its GPS signal, the UA will return to a pre

determined location within the private or controlled

- access property.

17. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.U.S. Department of Transportation

June 19, 2015 Page 7

18. The PIC will not initiate flight unless there is enough available power for the UA to conduct

the intended operation and to opera te after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

19. All operations shall be conducted in accordance with applicable COA.

20. All aircraft operated in accordance with this exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings

in accordan ce with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

21. Documents used by the operator to ensure the safe operatio n and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the

Ground Control St ation of the UAS any time the aircraft is operating.

22. The UA will remain clear and give way to all manned aviation oper ations and activities at all

tim es.

23. The UAS will not be operated by the PIC from any moving device or vehicle.

24. All operations shall be conducted with permission from t he property owner/controller or authorized representative

.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

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 UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 1

DVT seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using small UAS s, including:

FAR Description

91.9(c); 45.23(b) and 45.27(a) Aircraft Marking and Identification Requirements

1 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed p ursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).U.S. Department of Transportation

June 19, 2015 Page 8

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b) Maintenance and Inspection Requirements

61.11 3; 61.101(e)(4) and (5) Private and Recreational Pilot Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and (b) Carrying Aircraft Flight Manual, Certification and Registration in

the Aircraft

91.103 Preflight Acti on

91.109(a) Flight Instruction

91.119 (b) Minimum Safe Altitudes

– Over Congested Areas

91.119(c) Minimum Safe Altitudes

- Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions

Liste d below are the specific sections of 14 C.F.R. for which exemption is sought, and 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

. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

DVT 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:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, s tates:

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 airc raft nearU.S. Department of Transportation

June 19, 2015 Page 9

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcra ft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a prior grants of exemption under Section 333 of the Reform Act , the FAA determ ined that exemption from these requirements was warranted provided that the aircraft "have identification (N

Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 2 All UA flown by Petitioner will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 3

B

. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Petitioner seeks an exemption from the maintenance ins pection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. 4 An exemption from these regulations is need ed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of exemption will not have.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the operating documents and any required manufacturer Safety or Service Bulletins. Further, as required by the operating documents, the PIC will conduct a pre

- flight inspection of the UAS and all associated equipment t o account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight critical components of the UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. As required by the operating documents, the PIC who conducts the func tional test flight will make an entry in the UAS aircraft records of the flight.

The operating documents also includes requirements to follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircr aft and

2 FAA Docket No. FAA

- 2014

- 0352.

3 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.

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

a ircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter").U.S. Department of Transportation

June 19, 2015 Page 10

aircraft components. Moreover , the operating documents also include procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of Petitioner's UASs . As a whole, the maintenance and inspection procedures required by Petitioner's operating documents ensure that an equivalent or higher level of safety will be achieved.

C

. 61.113 , 61.101(e)(4) and (5) : Private and Recreation al Pilot Privileges and

Limitations

DVT seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of P art 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hir e. In this case, while the UAS will be op erated as part of a commercial operation, it carries neither passengers nor cargo.

In the FAA's Section 333 Grant of Exemption to Astraeus Aerial 5 , the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did no t warrant the

addition cost and restrictions attendant with requiring a the PIC to have a commercial pilot c ertificate

and third class medical certificate . The fulfillment of the additional requirements for a private pilot to become qualified as a commerc ial pilot would not lead to any additional safety benefits when UAS operations are involved.

More recently, the FAA determined that holders of recreational and sport pilot certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by the Depart ment of Homeland Security (DHS ), the FAA determined that holders of recreational and sport pilot certificates would be qualified to serve as the PIC for UAS ope rations. 6

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial and other operators in more recently granted exemptions under

Section 333 of the FAA Reform Act. DVT will opera te on private property away from persons and property not involved in the operation. DVT will also require all PICs to be thoroughly trained in the unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience not onl y in UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on

behalf of DVT . The pilot qualification, training, and currency requirements in the operating documents ensure that Petitioner's pilots are competent and proficient in the UAS they are operating.

5 Grant of Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).

6 See Grant of Exemptio n No. 11213 to Aeryon Labs, Inc. (Docket No. FAA

- 2014

- 0642 at pgs.

8

- 9).U.S. Department of Transportation

June 19, 2015 Page 11

The Petitioner's training and qualification requirements are consistent with those contained in prior FAA issued grants of exemption , an d will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety.

D

. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UASs, DVT see ks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. While the petitioner’s UASs will not have an airworthiness certificate, the FAA has determined that for the purposes of this exempt ion the pilot may determine the aircraft is in an airworthy condition prior to flight. The operating documents contain procedures which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is t herefore warranted.

E

. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry

air worthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is 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.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(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.

Given the small size and configuration of the UASs, it would be impossible to keep

airworthiness documents and other aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockpit.

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was ackn owledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a)U.S. Department of Transportation

June 19, 2015 Page 12

and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station from which he or sh e is operating the aircraft. 7 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS. 8

F

. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specifi c information before each flight, including information contained in the FAA

approved Flight Manual on board the aircraft. While the PIC 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.

Adherence to the requirements in the operating documents will ensure that the UAS is in an airworthy condition prior to flight. The PIC will perform a series of checklists designed to identify any defects or inoperable components, which cover pre

- flight, take

- off, landing and post

- flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. Petitioner's operating documents will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

G

. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part 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." UASs and remotely pilot ed aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications.

7 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docke t No.

FAA

- 2014

- 0352 at 16

- 18.

8 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft : Certifications required. The FAA has previously determined that relief from these sections is not necessary. See Exemption No. 11062. Relevant materials may be kept in a location accessible to the PIC in compliance with the regulations.U.S. Department of Transportation

June 19, 2015 Page 13

Accordingly, an exemption will be required for the fligh t instruction requirements of 14 C.F.R. § 91.109(a).

Give n the size and speed of the UAS that Petitioner intends to use, an equivalent level of safe training can still be achieved without dual controls because no pilot or passengers are aboard the
UAS, a nd as required by the operating documents, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, all flight training will be conducted in controlled and sterile environment. A s a whole, the procedures provided for in the operating documents ensure that UAS flight instruction can be performed safely.

H

. 91.119(b) and (c): Minimum Safe Altitudes

Petitioner 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.F.R. § 91.119(c). Se ction 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

altitude s specifically prescribed for helicopters by the FAA."

Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel, any risk associated with these operations is

far less th an those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UASs, as well as the location where it is operated. In order to avoid any risk to aircraft, flight operation s will be restricted to 400' AGL or below. As set forth in the Manuals, the UASs will be operated in a restricted area, away from persons or structures not involved in the operation.

I

. 91.121: Altimeter Settings

To the extent necessary for DVT to con duct the proposed operations, Petitioner requests an exemption from 14 C.F.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

a irport or barometric pressure.

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or below, (2) within VLOS, (3) where G PS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 9

9 See Grant of E xemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S. Department of Transportation

June 19, 2015 Page 14

The UAS tha t Petitioner intends to use for performing the proposed operations meet all these operational characteristics. Moreover, the operating documents require the PIC to calibrate the aircraft's GPS compass prior to each flight operation. As the FAA has determ ined in circumstances similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation procedures contained in the operating documents, ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requiremen ts of § 191.121 is therefore appropriate.

J

. 91.151(a): Fuel Requ irements for Flight in VFR Conditions

DVT requests an exemption from 14 C.F.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 technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exe mption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions in circumstances similar to those presented in this Pet ition for Exemption. 10
In Exemption No. 11213 to Aeryon Labs, Inc. 11 , the FAA determined that a requirement prohibiting

the PIC from beginning a UAS flight unless (considering wind and forec ast weather conditions)

there was enough available power for UAS to operate for the intended operational time and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater, would ensure an equivalent level of safety to the fuel requirements of § 91.151(a)

. 12 Petit ioner's operating documents impose this same requirement and an exemption from § 91.151(a)'s fuel requirements for flight in VFR conditions is therefore appropriate

.

VI. D RUG AND A LCOHOL P ROGRAM

DVT will have policies in place to ensure that no person m ay participate in UAS flight operations if they are under the influence of alcohol or any drug.

10 See e.g., Exemption Nos. 8811, 10808, and 10673

.

11 Docket No. FAA

- 2014

- 0642.

12 Exemption No. 11213 at pg. 12.U.S. Department of Transportation

June 19, 2015 Page 15

VII. P UBLIC I NTEREST

The public interest will be served by granting DVT 's Petition for Exemption. Congress has established a national policy that favors ea rly integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act

— the FAA

Adminis trator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

More importantly however, and as recognized by the FAA in prior Grants of Exemption allowing commercial operation of UAS f or the same purposes described in this Petition for Exemption, granting the requested exemptions will significantly improve safety and reduce risk by alleviating the public's exposure to danger and emissions associated with manned aircraft performing

simil ar aerial data collection

. 13 The DJI Inspire 1 is battery powered and create s no emissions. Moreover, in the unlikely event that one of Petitioner's UASs crash, there is no fuel to ignite and explode. Any accident involvi ng Petitioner's lightweight UAS w ill present significantly less danger to the pilot and other individuals on the ground than one involving a full size aircraft.

VIII. P RIVACY

All DVT UAS operations will be conducted in accordance with applicable federal, state, or local laws regardin g privacy. All operations will be conducted over DVT property or private

controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be ob tained for each flight to be conducted.

IX. N ATIONAL S ECURITY

No national security issue is presented by the requested exemptions. Given that the UAS is exceedingly small and lightweight, has lost

- link and return

- to

- home capabilities, will operate at very low speeds, have extremely low payload capacities and carry no flammable, explosive or otherwise dangerous materials, the operations pose no threat to national security.

X. F EDERAL R EGISTER S UMMARY

Pursuant to 14 C.F.R. Part 11, the following summar y is provided for publication in the

F EDERAL R EGISTER , should it be determined that publication is needed:

13 See e.g., Grant of Exemption No. 11195 to FalconSkyCam; Grant of Exemption No. 11191 to Singer's Creations; Grant of Exemption No. 11174 to Capital Aerial Video, LLC; Grant of Exemption No. 11138 to Douglas Trudeau, Realtor.U.S. Department of Transportation

June 19, 2015 Page 16

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

45.23(b); 45.27(a); 61.113; 61.101(e)(4) and (5); 91.7(a); 91.9(b)(2); 91.9(c); 91.10 3; 91.109(a); 91.119(b) and (c) ; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public a nd property owners from the substantial hazards associated with using conventional fixed

- wing aircraft or
, rotorcraft for aerial data collection.

XI. C ONCLUSION

DVT 's Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform

A ct of 2012

, including weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS and national security. The proposed operations in this Petition for Exemption are similar to those in previously issued grants of exemptions , and they would benefit the public as a whole by improving safety. In consideration of the foregoing, this Petition for Exemption provides the FAA with all the necessary justification for granting the requested exemptions allowing DVT to opera te small UASs to perform aerial data collection.

We thank you for your prompt consideration of our requested exemptions. Should you have any questions, or if you need additional information to support the requested exemptions, please do

not hesitate to c ontact the undersigned.

Very truly yours,

Mark E. McKinnon

Counsel for DVT

(The following attached items contain proprietary and commercial information exempt from

disclosure under the Freedom of Informatio n Act, 5 U.S.C. § 522 et seq. , and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachments:

DVT UAS Operations Manual