OffTheGround Phoenix,	Arizona	85013
Phone:	602

- 689

- 9552
Email: jammon@offtheground.build

Date:	June	1,	2015

U.S.	Department	of	Transportation,	Docket	Operations West	Building	Ground	Floor,	Room	W12

- 140 1200	New	Jersey	Avenue,	SE Washington,	DC	20590

Dear	Sir	or	Madam:
Pursuant	 to	 Section	 333	 of	 the	 FAA	 Modernization	 and	 Reform	 Act	 of	 2012 (the Reform	 Act),	 OffTheGround herby	 applies	 for	 an	 exemption	 from	 the	 Federal Aviation	 Regulations	 identified	 he rein	 to	 allow	 for	 the	 commercial	 operation	 of a small	unmanned	aerial vehicle ( i.e.

, UAV ) for	the	purposes	of site	documentation	and videography	 of developed	 and	 undeveloped	 commercial	 property for developers,
brokers

, architects and	 construction	 professio nals in	 airspace	 regulated	 by	 the Federal	Aviation	Administration	(FAA) in	Maricopa	County,	Arizona

.

OffTheGround’s	 operation	 under	 this	exemption	will	 be	 subject	 to	 strict	 operating requirements	 and	 conditions	 to	 ensure	 an	 equivalent	 level	 of	 safety	 to	 c urrently authorized	 operations	 using	 manned	 aircraft	 and	 under	 conditions	 as	 may	 be modified	by	 the	FAA	as	required	by	Section	333.		Furthermore,	OffTheGround	will be	 operated	 under	 controlled	 conditions	 at	 low	 altitudes	 that	 are	 permitted	 in
accordance	wi th	OffTheGround’s	Certificate	of	Authorization	(COA).

This	exemption	would	permit	the	commercial	operation	of	the UAV DJI	Phantom	2
Vision	 + .	 	 A dditional	 specifications ,	 checklists	 and	 training	 guides are	 included	 as appendices in	this	submittal

.

The	applicant	contact	information	is:

• OffTheGround

• Attn:	Jonathan	J	Ammon

• Telephone:	602

- 689

- 9552

• Email: Jammon@offtheground.build

• Address:	301	McLellan	Blvd,	Phoenix,	Arizona	85013

OffTheGround	contends	that	this	application	satisfies	the	conditions	and	criteria	set forth	in	Section	333	of	the	Reform	Act,	that	the	operations	described	herein	benefit the	 public	 interest	 as	 a	 whole	 and	 that	 the	 use	 of UAVs for commercial	 site
documenta tion for	 developers,	 brokers,	 architects	 and	 construction professionals
meets	 or	 exceeds	 the	 level	 of	 s afety	 currently	 experience d by	 traditional	 manned aircraft	 utilized	 for	 these	 purposes. Approval	 of	 this	 exemption	 would	 thereby enhance	 safety	 and	 fulf ill	 the	 Secretary	 of	 Transportation’s	 (the	 FAA Administrator’s)	responsibilities	to	“...establish	requirements	for	the	safe	operation of	 such	 aircraft	 systems in	 the	 national	 airspace	 system ” in Section	 333(c)	 of	 the**Reform	
  Act. OffTheGround	
  is	
  thankful	
  for	
  the	
  Federal	
  Aviation	
  Administration’s	
  time** 
**and	
  consideration**

**.**

**Respectfully,**

**Jonathan	
  Ammon,	
  Registered	
  Architect Founder,	
  OffTheGround** For	your	convenience,	OffTheGround	has	organized	this	exemption request	in the	following	format :

I. Regulations	for	which the Exemption	is	Required
II. Statutory	Authority	for	Requested	Exemptions
III. OffTheGround	Background	Information
IV. Proposed	Operations

a. Operation	Locations	and	Environments
b. Operating	Conditions	and	Limitations

c. Operator	Certification	and Requirements d. UAV Registration,	Markings	and	Requirements
V. Public	Benefit	and	Public	Interest
VI. Discussion	of	Requested	FAR	Exemptions



### I. Regulations	for	which	the	Exemption	is	Required OffTheGround	requests	exemption	from	the	following	regulations:

• 14 C.F.R .	Part	21,	Subpart	H

– Airworthiness	Certificates

• 14 C.F.R §45.23(b)

– Display	of	Marks

• 14 C.F.R §45.27(a)

– Location	of	Marks	Non	Fixed

- Wing	Aircraft

• 14 C.F.R	§	61.113	(a)	&	(b)

- Private	Pilot	Privileges	and	Limitations;	Pilot	in
Command

• 14	C.F.R §	91.7	(a)

– Civil	Aircraft	Airworthiness

• 14 C.F.R §91.9(b)(2)&(c)

– Civil	Aircraft	Flight	Manual

• 14 C.F.R §91.103

– Preflight	Action

• 14	C.F.R §	91.109	(a)

– Flight	I nstruction

• 14 C.F.R §91.119

– Minimum	Safe	Altitudes

• 14	C.F.R §	91.121

– Altimeter	S ettings

• 14 C.F.R §91.151(a)(1)

- Fuel	Requirements	for	Flight	in	VFR (Visual	Flight Rule)	Conditions

• 14 C.F.R §91.203(a)&(b)

– Carrying	Civil	Aircraft	Certification	and Registration

• 14	C.F.R §§	91.405	(a),	91.407	(a)(l),	91.409	(a)(2),	91.417	(a)	& (b)

– Maintenance	Inspections



### II. Statutory	Authority	for	Requested	Exemptions

This	petition	for	exemption	is	submitted	in	accordance	with	Section	333	of	the Reform	Act.	Congress	has	directed	the	FAA	“to	safely	accelerate	the	integration
of	civil	unmann ed	aircraft	systems	into	the	national	airspace	system.”	Pursuant to	Section	333	of	the	Reform	Act,	the	FAA	Administrator	is	to	permit	operation of	an	unmanned	aircraft	system	where	it	does	not	c reate	a	hazard	to	users	of	the National	Airspace	S ystem	(“NAS” )	or	the	public	or	pose	a	threat	to	national security	based	on	the	following	considerations:

• The	size,	weight,	speed	and	operational	capability

• Operation	in	proximity	to	airports	and	populated	areas

• Operation	within	visual	line	of	sight	of	the	operatorFur thermore

, the	Federal	Aviation	Act	grants	the	FAA	Administrator	general 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. A	party	reques ting	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.

The	Federal	Aviation	Act	expres sly	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,	from	the	requirement
that	all	civil	aircraft	must	have	a	current	airworthiness	c ertificate	and	those regulations	requiring	commercial	pilots	to	operate	aircraft	in	commercial	service:

• The	Administrator	may	grant	an	exemption	from	a	requirement	of	a regulation	prescribed	under	subsection	(a)	or	(b)	of	this	section	or	any	of

sections.



### I I I. OffTheGround	Background	Information

OffTheGround will provide safe,	efficient	and	outstanding	aerial	imaging	and videography	 services	 to	 clients	 in	 the	 following	 industries: commercial property	development,	brokerage,	architecture and	cons truction.

The	 founder,	 Jonathan	 J	 Ammon,	 is	 a	 license	 architect	 and	 budding commercial	 developer	 in	 Phoenix,	 Arizona.	 	 He	 has	 worked	 in	 the construction	 management	 industry	 as	 a	 Virtual	 Design	 and	 Construction (VDC) Engineer	 and	 Manager for	 4	 years.	 	 He has	 also	 led	 the	 virtual coordination	 and	 construction	 of	 architecture,	 structural	 and	 mechanical, electrical	and	 plumbing	 systems on	 13	 commercial	 projects	 throughout	 the
United	Stated.		VDC	is a	market	niche	focused	on	developing	and	utilizing 3

- D imensio nal	 visualization	 software	 and	 technology	 to	 enable	 collaboration among	designers,	arc hitects,	engineers	and	builders

. Jonathan obtained	his

construction OSHA	 30	 accreditation for safety	 operations	 (Occupational Safety	 &	 Health	 Administration) in	 2014,	 hi s	 architectural	 license	 in	 2015 and	 has	 given	 numerous	 construction	 tours	 of	 buildings	 throughout	 the
United	States.

Similar	 to	 the	 primary	 goals	 and	 intentions	 of	 construction	 firms, OffTheGround	 takes	 a	 ‘Safety	 First’	 approach	 to	 all	 of	 its	 endeavors	 in the UAV	operations	industry.

### I V

. Proposed	Operations OffTheGround	 is	 requesting	 exemptions	 from	 the	 Federal	 Aviation Regulations	(the	“FARs”)	stated	herein	pursuant	to	Section	333	of	the	Reform
Act	 in	 order	 to	 document both	 developed	 and	 undeveloped commercial property throughout	 Maricopa	 County for	 developers,	 brokers,	 architects
and	constr uction	professionals	utilizing	the	UAV DJI	Phantom	2	Vision	+.

Site	 documentation	 of predetermine d

, developed

, undeveloped and	 dese rt areas	are	currently	perfor med	 by	 three	main	methods:	 (1)	manned

- aircraft (2)	on	foot	or	(3) 3 rd party	software	such	as Google	Eart h or	Maricopa.gov’s Plat	 Maps .	 	 In	 many	 cases,	 each	 of	 the	 aforementioned	 methods	 can	 be replaced	 or	 augmented	 by	 using	 a U AV to	 perform site	 studies and
documentation opportunities .		The UAV can	provide	all	or	a	co mbination	of (1)	 better	 results (2)	 improved ,	 more	 specified	 and	 greater	 visualization

coverage (3)	 increased	 worker	 and	 public	 safety	 and	 (4)	 decreased	 costs

over the	 current visualization	 and	 documentation methods. Please	 see Section	V	Public	Benefit	and	Public	Interest for	additional	information.

OffTheGround	 will	 operate	 their UAVs with	 a	 gimbal	 mounted	 high

reso l u tion	camera.		The	camera	will	acquire	still	pho tographs	and/or	 video of	 existing	 structures,	 vacant	 land in	 both	 urban	 and	 desert	 environments
and current construction sites .		The	documentation work and UAV operator will	be	completed by owner	and	 founder	 Jonathan	Ammon	using	a	live	 feed
from	 the UAV ’s	 attached camera .	 	 The	 images	 and	 videos	 will	 then	 be categorized	and	cataloged	 for	OffTheGround’s	clients. All	documented	sites will	be	predetermined,	controlled	as	to	access	and	provide	a	safer	option	to
aircraft	or on

- foot activity

.

A. Operation	Locati ons	and	Environments OffTheGround	 will	 operate	 a	 lightweight	 2.75	 pound	 battery	 operated	 4

- motor	 DJI	 Phantom	 2	 Vision	 + to	 document	 commercial	 properties throughout	 Maricopa	 County	 for	 developers,	 brokers,	 architects	 and construction	 professionals. The locations	 and	 environments that
OffTheGround	will	document include the	following:

o Existing	structures

o Empty	urban	lots

o Construction	Projects

o Open	desert

B. Operating	Conditions	and	Limitations OffTheGround	 operators	 will	 abide	 by	 the	 following	 conditions	 and requirements: (a) The	safe	operation	of	the UAV (the	DJI	Phantom	2	Vision+) will	be	the first	priority	before,	during	and	after	every	operation (b) As	a	majority	of	Maricopa	County	airspace	is	classified	as	Type	B,	t he
UAV will	not	exceed	an	altitude	of over	400 feet with	a	constant Visual Lines	of	Site	(VLAS) maintained	by	the Pilot	in	Command	(PIC)	and	a Visual	Observer	(VO)(c) The UAV will	no t	exceed	an	air	speed	of	25mph (d) All	 required	 permits	 will	 be	 obtained	 from	 state	 and	 local government s	and	agencies prior to operation	if	necessary (e) Flight	operations	will	be	conducted	only	between	the	period	of	official
sunrise	and	sunset (f) All	flights	will	include	both	a	PIC and	a VO .		For	the	foreseeable	future, the	only	PIC	will	be	Jona than	Ammon	(founder	and	owner) (g) Any additional/future UAV operator s	employed	by	OffTheGround	will have	been	granted	a UAV	Commercial Operating License through	the
Federa l	Aviation	Administration	(FAA) (h) Any PIC	will	be	trained	in	 flight,	operations	and	s afety	procedures	as
detailed in Appendix	 A, titled Phantom	 2	 Vision	 Plus	 Pilot	 Training
Guide and the Phantom	2	Vision	Plus	User	Manual .		No	operations	by	a PIC	 will	 be	 allowed	 until	 Jonathan	 J	 Ammon	 has	 confirmed	 that	 the documents	in	Appendices	A	and	D	are	read	and	fully	comprehended (i) The PIC will	 not	 operate a	 UAV should	 he	 or	 she	 know ( or	 has	 any
reason	 to	 know )	 of	 any	 physical	 or	 mental	 condition	 that	 would interfere	with	the	safe	operation	of	the UAV (j) The	PI C	and	VO	will	at	ALL	times	have	their	vision	unaided	by	any
device	with	the exception of	corrective	lenses (k) The	PI C	and	VO	will	operate	and/or observe	only	one UAV	at	a	time (l) The	PI C	and	VO	will	at	all	times	be	able	to	communicate	by	voice (m) The PIC will	brief	the	VO	and	property	owner	about	the	operation	and risk	before	the	first	flight	at	e ach	new	location (n) Prior	to every flight,	the PIC	and	VO will	assess	weather	condit ions using	FAA	approved	weather sources	and	direct	weather	observation, will	check	airspace	restrictions	and	will	assess the	location	of	people and	property	to minimize	any	r isks	if	he	or	she	loses	control	of	the
UAV. (o) Prior	to every flight,	the PIC	and	VO	will	complete	a Pre

- Flight Inspection checklist to	ascertain	that	the	UA V is	in	a	condition	safe	for flight. The	PIC	and/or	VO	will	document	the	time,	date	and	location	of

every flight. Please	see Appendix	B titled Pre -Flight	Checklist (p) Prior	to every flight ,	predetermined	potential	landing	zones	will	be identified	and	briefed	by	the	operator,	observers	and	participating persons	prior	to	flight (q) At	the	end	of	each	flight,	the	PIC	and	VO	will	document	the	time,	date
and location of	the UAV flight. Please	see Appendix	C titled Post -Flight
Checklist (r) A	UAV post -flight	inspection	will	also	be	completed	as	an	added	level of	safety. Please	see Appendix	C titled Post -Flight	Checklist (s) At	no	time	shall	the	UAV	be	operated	with	missing	or	manufacturer unapproved	parts,	or	in	any	condition	that	could	pose	a	hazard	to	any other	aircraft	or	structure	or	person	on	the	ground. (t) OffTheGround will	utilize	GPS	location based	technology

, an	auto return	home function and	will	never operate below a 20%	battery capacity or a 25	minute	flight	time	(whichever	comes	first) (u) OffTheGround will control	the UAV with	a	Ground	Station	based	2.4(u) OffTheGround will control	the UAV with	a	Ground	Station	based	2.4 GHZ	radio	transmitter	while	in	flight.		The	radio	receiver	will	receive live	video	and	flight	data	from	the	on

- board	camera	and	computer. This	will	be	projected	onto	an	iPad	screen	for	the	PIC	and	VO	to	view during	flig ht (v) OffTheGround	will restrict	its operations	to	flights	over	property	with the	 p ermission	 of	 the	 property	 owner	 and/or	 representative.	 	 All onsite	 personnel	 will	 consent	 to	 the UAV flyover	 on	 site	 by	 waiver, and	the	operator	will	obtain	additional	verbal or	written	consent	of	all persons	who	will	be	with in	100	feet	of	flight	operation (w) OffTheGround	will	confer	with	the	participating	parties	regarding	any known	hazards	or	abnormal	operating	conditions	that	OffTheGround may	 conside r	 pertinent	 to UAV operations.	 	 Should	 any	 hazards and/or	conditions	be	identified,	they	will	be	documented	in Appendix
B titled Pre

- Flight	Checklist (x) OffTheGround	will operate at	a	lateral	distance	of	no	more	than	100 feet	from	any	inhabited	structure,	building,	vehicle,	ves sel	or	people not	associated	with	the	operation	or	who	have	not	signed	a	waiver	in advance	of	the	operation. (y) OffTheGround	 will	 not	 operate	 over	 non

- partici pating	 persons	 and properties. (z) OffTheGround	will	not	operate	over	densely	populated	areas (aa) OffTheGroun d	will	not	operate	at	air	shows (bb) OffTheGrou nd	will	not	operate	at	during	construction	hours.		So	as	to minimize	the	risk	injury,	any	and	all	UAV	operations	will	be	limited	to end	 of	 day	 operations	 when	 construction	 operations	 are	 not	 taking place. (cc) OffTheGro und	will	not	operate	over	heavily	trafficked	roads (dd) OffTheGround	will	 not	 operate	within	 5NM	 of	an	airport	 (please	 see the	 included	 graphic	 that	 shows	 a	 5NM	 radius	 from	 the	 center	 of Phoenix	Sky	Harbor	International	airport).		Should	the	opportunity	to

oper ate	 the UAV within	 a	 5NM	 radius	 of	 the	 airport,	 OffTheGround will	requ est	and	acquire	the	necessary	per mitting	and	documentation from	any	and	all	involved	agencies	(ex

– Police/Fire	Departments) (ee) OffTheGround	will	not	operate in	restricted	a irspace,	or	area s	under

current Temporary	Flight	Restrictions	(TFRs). (ff) The UAV utilized	will	weigh	less	 than	10	lbs	(the	current UAV in	use has	a	maximum	takeoff	weight	of	approximately	2.9	pounds )

. For	the
foreseeable future,	any UAV drone	investments	will	be	similar	 to	 the DJI	Phantom	2	Vision+ product (gg) The UAV will	yield the right

- of

- way	to	other	aircraft,	manned	or

un manned.	If	there	is	a	risk	of	a collision,	the	operator	will immediately	maneuver	away. Furthermore,	the	PIC will	di scontinue the	flight	when	continuing	would	pose	a	hazard	to	other	aircraft, people	or	propertyC. Operator	Certification	and	Requirements OffTheGround	 operators	 will	 abide	 by	 the	 following	 conditions	 and requirements: (a) O perators	 will	 hold an	 exemption	 from	 the	 Federal	 Aviation Regulations	pursuant	to	Section	333	of	the	Reform	Act. (b) O perators	will	be	18	years	of	age	or	older (c) Operat o rs	will	make	available	 to	 the	FAA,	upon	request,	 the UAV for inspection	or	testing. (d) Operat o rs will	 maintain	 a	 l og	 of	 flights	 as	 practicable	 for	 future currency	or	flight	logging	requirements (e) Operators	will	report	an	accident	to	the	FAA	within	10 business days of	 any	 operation	 that	 results	 in	 damage	 to	 property,	 other	 than	 the
UAV ,	estimated	to	exceed	$20,000 (including	materials	and	labor). (f) OffTheGround	 will	 abide	 by	 any	 regulations	 passed	 that	 require additional	permits ,	variances ,	licenses,	insurance,	bonding	&/or	other requirements	 of	 that	 nature. As	 local	 municipality	 laws	 will	 vary within	 greater	 Maricop a	 County,	 OffTheGround	 will	 follow	 letter	 of the	law	of	the	respective	areas	per	the	location	of	each	flight.

D. UAV Registration,	Markings	and	Requirements
All	 OffTheGround UAVs will	 be	 registered	 and	 marked	 according	 to	 the following	conditions	and	require ments: (a) All UAVs to	 be	 operated	 by	 OffTheGround	 will	 be	 maintained	 in condition	for	safe	operation (b) All UAVs will	be	inspected	prior	to	flight	by	the	PIC	to	ensure	that	it	is in	a	 condition	 for	 safe	 operation .	 	Any	 damages	will	 be	 document	in Appendix B titl ed Pre

- Flight	Checklist (c) All UAVs to	be	operated	by	OffTheGround	 for	commercial	operations will	be	registered	with	the	FAA (d) All UAVs to	be	operated	by	OffTheGround	 for	commercial	operations will	 be	marked	with	an	aircraft	 registration	number	according	 to	14
C.F.R	Part	45.



### V. Public	Benefit	and	Public	Interest

T he	 process currently used to photograph	 and document	 developed	 and
und eveloped	 property	 in	 urban	 and	 desert	 areas	 in	 Maricopa	 County	 is performed	via	helicopter

, by	foot and	by	3 rd party	software	providers	such	as Google	Earth	and	Maricopa.gov’s	Plat	Maps	application .		The	use	of	a UAV	in place	 of	 current	 practices	 for such	 applications	 will	 further	 the	 public interest	in	several	areas	including,	but	not	limited	to	the	following:

• Th e UAV carries	 no	 passengers,	 pilot	 or	 crew,	 thereby	 increasing	 pilot, passenger	and	worker	safety

• The UAV carries	 no	 flammable	 fuel	 thereby	 increasing	 safety	 to	 the general	public

• The UAV has	 a	 lower	 noise	 signature	 than	 a	 typical	 helicopter	 thereby improv ing	public	welfare

• The UAV has	zero	emissions	thereby	reducing	the	environmental	impact
over	traditional	manned	aircraft• The UAV is	less	expensive	 to	operate	 than	a	 traditional	manned	aircraft, thereby	 decreasing	 the	 cost,	 while	 increasing	 the	 frequency	 of site documentation	and	inspection

• The UAV can	 often	 eliminate	 the	 need	 for	 a	 worker	 to	 ‘walk	 an	 active
construction	 site’	 to inspect,	photograph	and	collect	data	 on	hard	 to	get

areas .		This	is	turn	significantly	reduces	the	risk	to	workers	of	falls	while inspecting,	 surveying,	 or	 monitoring	 site	 progress. Falls	 are	 a	 leading source	of	workplace	fatalities	and	injuries	on	construction	sites.

• The UAV replace	the	need	for	people	to	traverse	un

- built	desert	property, minimizing	the	risk	of	hazardous	accidents by	native	wildlife	(cacti, snakes,	spiders,	coyotes).

• The UAV has	numerous	safety	features	such	as	Failsafe	mode,	automatic landing,	GPS	based	altitude	locks,	Flight

- Limits	function	(ex

– air	traffic control	height	restrictions)	and	low	battery	warnings.



### V I

. Discussion	of	Requested	FAR	Exemptions

A. 14.C.F.R.	Part	21,	Subpart	H

– Airworthiness	Certificates Section	91.203(a)(1)	requires	civil	aircraft	to	have	“an	appropriate	and	current airworthiness	certificate.”	Part	21,	Subpart	H	(“Airworthiness Certificates”) establishes	the	procedural	requirements	and	applicability	for	the	issuance	of air worthiness	certificates	as	directed	by	14	C.F.R.	§	91.203(a)(1).

Equivalent	level	of safety: The UAVs operated	will	have	a	gross	weight	less	than 10
lbs.	an d	will	be	flown	at	speeds	less	than 25	mph (the	approximate	weight	the	UAV in	use	by	OffTheGround	is	approximately	2.9	pounds).	UAVs do	not	carry	a	pilot	or passengers,	do	not	carry	flammable	fuels	and	will	be	operated	in	well

- defined locations	using	an	op erator (PIC) and a	visual	observer	(VO) .	All	operations	will	be conducted	in	compliance	with	the	limitations	and	conditions	stated	in	this	petition for	exemption.	The	Federal	Aviation	Act	and	Section	333	of	the	Reform	Act	both
authorize s the	FAA	to	exempt aircraft	from	the	requirement	of	an	airworthiness certificate	upon	consideration	of	the UAV’s size,	weight,	speed,	operational capability	and	proximity	to	airports	and	populated	areas.

The	characteristics	and	conditions	under	which	the UAVs will	be	opera ted,	as outlined	in	this	petition,	given	the	size,	weight,	speed,	operation	capability	and proximity	to	airports	and	populated	areas,	achieve	or	exceed	the	equivalent	level	of safety	over	a	manned	aircraft	with	an	airworthiness	certificate	used	for	the

pur poses	outlined	in	this	petition.

B.	14C.F.R§45.23(b)

– Display	of M arks

Regulation	14	C.F.R.	§	45.32	(b)	states:	“...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	words	‘limited,’	‘restricted,’	‘ligh t

sport,’	‘experimental,’	or	‘provisional,’	as	applicable.”

Equivalent	level	of safety: The UAV in use does	not	have	a	“cabin,	cockpit	or	pilotstation	entrance”	therefore	the	required	marks	cannot	be	displayed	“near	each entrance.”	Additionally,	letters not	less	than	2	inches	nor	more	than	6	inches	may not	be	practical	given	the	small	size	of	the UAV .	If	the UAV is	too	small	to	display markings	in	the	size	described	in	regulation	§	45.23	(b),	then	markings	will	be displayed	in	the	largest	manner possible

.

C .	14C.F.R.§45.27(a)

– Location of M arks N on F ixed

- W ing A ircraft

Regulation	14	C.F.R.	45.27	(a)	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.”

Equivalent	level	of safety: A	UAV does	not	carry	a	pilot	or	passengers,	does	not	have	a cabin	and	may	have	a	design	that	is	significantly	different	than	traditional	manned aircraft.	As	such,	the	markings	requirements	of	14	C.F.R.	§	45.25	may	not	be	feasible given	the	design	and	layout	of	t he	aircraft.	To	provide	an	equivalent	level	of	safety,
the UAV will	display	required	markings	on	conspicuous	locations	of	the	aircraft.

D .	14	C.F.R	§	61.113	(a)	&	(b)

- Private	Pilot	Privileges	and	Limitations;	P ilot	in
C ommand

Regulation	14	C.F.R.	§	61. 113	limits	pilots to	non

- commercial	operations.

Equivalent	level	of safety: OffTheGround	will	be	operated	as	part	of	a	commercial operation,	but	neither	passengers	nor	cargo	will	be involved. The	area	of	operation is	controlled	and	restricted,	and	all	f lights	are	planned	and	coordinated	in	advance as	set	forth	in	this	document.	The	risks	associated	with	the	operation	of	the UAV are so	diminished	from	the	level	of	risk	associated	with	commercial	operations,	that allowing	operations	of	the	UAS	as	requested	with	a	pilot	who	has	met	the	minimum requirements	of	this	document	exceeds	the	present	level	of	safety	achieved	by	14 C.F.R.	§6 1.113	(a)	&	(b).

E .	14	C.F.R.	§	91.7	(a)

– Civil	Aircraft	A irworthiness

The	regulations	states:	“No	person	may	operate	a	civil	aircraft	unless	it	is	in airworthy	condition.”

Equivalent	level	of safety: As	there	will	be	no	airworthiness	certificate	iss ued	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	DJI	Manual	for	maintenance	and	use	of	safety	checklists	prior to each	flight,	as	set	forth	in	this	document,	an	equivalent	level	of	safety	will	be provided.

F .	14C.F.R.§91.9(b)(2)&(c)

– Civil	Aircraft	Flight	Manual

Regulation	14	C.F.R.	§	91.9	(b)(2)	states:	“No	person	may	operate	a	U.S.

- registered
civil	aircraft	...	Fo r	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,	andplacards,	or	any	combinatio n	thereof.”

Equivalent	level	of	safety: The	equivalent	level	of	safety	will	be enabled by maintaining	proper	documentation	of	the	flight	manual	at	the	ground	control	point where	the	pilot	flying	the UAV will	have	immediate	access	to	it.		This	includes the
UAV operation	manual	as	provided	by	the	manufacturer	or	equivalent	documents as created	by	OffTheGround.

G .	14C.F.R.§91.103

– Preflight A ction

14	C.F.R.	§	91.103	requires	the	PIC	to	become	familiar	with	specific	information before	each	flight,	including information	contained	in	the	FAA

- approved	Flight
Manual	on	board	the	aircraft.

Equivalent	level	of	safety: A n	exemption	is	needed	from	this	requirement	as	the	pilot will	take	separate	preflight	actions,	including	checking	for	weather	conditions,
checkin g	flight	battery	requirements,	checking	takeoff	and	landing	distances,	and	all other	actions	in	the	Preflight	Checklist	in	this	document	and	the	DJI	Manual.	These actions	will	provide	an	equivalent	level	of	safety. The	manual	will	be	kept	at	the ground	sta tion	during	operations.

H .	14	C.F.R.	§ 91.109	(a)

– Flight	instruction

14	C.F.R.	§	91.109	(a)	states	that,	“No	person	may	operate	a	civil	aircraft	(except	a manned	free	balloon)	that	is	being	used	for	flight	instruction	unless	that	aircraft	has fully	func tioning	dual	controls.”	By	design, UAVs do	not	have	functioning	dual controls.	They	are	piloted	using	a	Flight	Control	System	/	Ground	Control	Station that	communicates	with	the	aircraft	via	signals.

Equivalent	level	of	safety: During	flight	instruction, there	are	no	pilots	or	passengers
on	the	aircraft	and	the	Ground	Control	Station	will	be	a	safe	distance	from	the
aircraft.	The	aircraft	will	remain	a	safe	distance	from	non

- participating	individuals causing	no	safety	hazard (approximately	100	feet.		See	S ection	IV,	Part	B,	item	(v)

.
Given	the	size	and	speed	of	the UAV ,	an	equivalent	level	of	safe	training	can	be performed	without	dual	controls	because	no	pilot	or	passengers	are	aboard	the aircraft	and	it	is	a	safe	distance	from	the	public	and	structures.

I .	14C.F.R.§91.119

– Minimum	Safe	Altitudes

14	C.F.R.	§	91.119	states	that	an	aircraft	may	not	be	operated	closer	than	500	feet	to any	person,	vessel,	vehicle	or	structure.	The	nature	of	the	operations	described herein	may	require	operation	in	relatively	c lose	proximity	to	items	such	as	washes, building	roofs,	trees,	etc.	However,	operations	will	not	be	conducted	over	non

participating	individuals.

Equivalent	level	of	safety: The UAVs operated	by	OffTheGround	are	far	smaller	than manned	aircraft,	such	as	r otorcraft	and	fixed	winged	aircraft,	which	are	used	for similar	operations.	Furthermore,	the UAVs do	not	carry	a	pilot	or	passengers,	weigh less	than	10	lbs.,	do	not	carry	flammable	fuel,	will	not	exceed	25	mph	and	will	not	beoperated	over	non

- participati ng	persons.	The UAVs will	be	operated	below	400	feet above	ground	level	with	the	use	of	an	operator	and	a	visual	observer	to	avoid collision	risk	to	aircraft,	persons	and	property.	This	provides	an	equivalent	or greater	level	of	safety	than	achieved	with	c onventional	aircraft	currently	performing similar	operations.

J .	14	C.F.R .	§	91.121

– Altimeter S ettings

14	C.F.R.	§	91.121	requires	an	aircraft	to	be	operated	by	reference	to	an	altimeter that	is	set	to	the	elevation	of	the	departure	airport	or	barometric	pressure	when operating	below	18,000	feel	MSL. Although	s ome UAVs contain	a	barometric

pressure	sensor , the UAVs used	by	OffTheGround utilize	GPS	sensors	to	determine
altitude.

Equivalent	level	of	safety : The	operator	will	confirm	the	elevation	of	the take

off/landing site	prior	to	launch.	This	will	be	compared	to	the	GPS	sensor	as displayed	on	the UAV tele metry	reading	at	the	Ground	Control	Station.	The	operator will	then	determine	the	maximum	permissible	altitude	to	maintain a flight	below
400	feet Above	Ground	Level	(ABV) .	The	maximum	permissible	altitude	will	also	be monitored	and	estimated	by	visual mea ns	through	the	use	of	the	VO.

K .	14C.F.R.§91.151(a)(1)

- Fuel	requirements	for	flight	in	VFR	(Visual	Flight Rule)	conditions

Section	91.151	(a)	outlines	fuel	requirements	for	beginning	a	flight	in	VFR conditions.	It	states	that	“ No	person	may	begin	a	fligh t	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	m inutes...”

Equivalent	level	of	safety: The UAV will	be	operated	only	during	daylight	hours	in
VFR	conditions.	The	technical	limitations	of	most UAVs limit	total	flight	time	to approximately	30	minutes	before	the	battery	is	depleted.	This	means	that	no meaningful	flight	time	would	be	possible	given	the	limitations	of	§	91.151	(a)	(1). Therefore,	the UAV flight	will	be	terminated	with	at	least	20%	reser ve	power	(or	a max	flight	time	of	25	minutes).	This	allows	the UAV to	return	to	its	landing	zone with	adequate	power	remaining	to	conduct	a	safe	and	controlled	landing.	Given	the UAV‘s size,	weight	and	speed,	the UAV when	operated	with	this	limitation	prov ides an	equivalent	or	greater	level	of	safety	than	manned	aircraft	represented	by	this regulation.

L.	14C.F.R.§91.203(a)&(b)

– Carrying	Civil	Aircraft	Certification	and Registration

The	regulation	states:	(a)	“...no	person	may	operate	a	civil	aircraft	unless	it	has	...	an appropriate and	current	airworthiness	certificate.”	(b)	“No	person	may	operate	a civil	aircraft	unless	the	airworthiness	certificate	required	by	paragraph	(a)	of	thi s 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.”Equivalent	level	of	safety: In	regard	to	14	C.F.R.	§	91.203	Part	(a),	an	equivalent	level
of	safet y	is	achieved	through	the	methods	and	characteristics	as	outlined	in	the request	for	exemption	from	14	C.F.R.	Part	21,	Subpart	H.

In	regard	to	14	C.F.R.	§	91.203	Part	(b),	the UAV does	not	carry	a	pilot	or	passengers, does	not	have	a	“cabin	or	cockpit	ent rance”	and	does	not	have	onboard	storage	in which	to	carry	certification	and	registration	documents.	An	equivalent	level	of safety	will	be	achieved	by	maintaining	the	proper	documentation	at	the	Ground Control	Station	readily	available	to	the	operator.

M .	14	C.F.R.	§§	91.405	(a),	91.407	(a)(l),	91.409	(a)(2),	91.417	(a) &	(b)

– Maintenance	Inspections

The	regulations	14	C.F.R.	§§	91.405	(a),	91.407	(a)(1),	91.409	(a)(2)	and	91.417	(a) &	(b)	specify	maintenance	and	inspection	standards	in	reference	to	14	C .F.R.	Part 43.	Specifically,	14	C.F.R.	§	91.405	(a)	requires	that	each	owner	or	operator	of	an aircraft,	“shall	have	the	aircraft	inspected	as	prescribed	in	subpart	E	of	this	part	and shall	between	required	inspection	...	have	discrepancies	repaired	as	pre scribed	in part	43	of	this	chapter.”

An	exemption	is	required	from	these	regulations	because	Part	43	and	these	sections apply	only	to	aircraft	with	an	airworthiness	certificate,	which	the UAV will	not	have.

Equivalent	level	of	safety: The UAVs will	be	ma intained	and	inspected	in	accordance
with	the	manufacturer

- supplied	manual.	This	includes	maintenance,	overhaul, replacement	and	inspection	requirements	for	the UAVs .	The	operator,	prior	to	every flight	of	the	day	will	undertake	preflight	inspection	proced ures	in	order	to	ensure
the UAV is	in	a	condition	for	safe	operation.	Discrepancies	that	may	affect	the	safety of	flight	will	be	documented,	addressed	and	repaired.	The	operator	will	maintain	the
UAVs in	a	condition	for	safe	operation.	Given	the	size,	char acteristics	and	operating
limitations	of UAVs as	described	herein,	this	provides	a	level	of	safety	equivalent	to or	greater	than	manned	aircraft	performing	similar	operations.