### American Flye rs Inc. 4650 Airport Parkway Addison TX 75001 Steven@af.tv Americanflyers.com

1 | P a g e U. S. Department of Transportation, Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington. DC 20590

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

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, American Flyers, the operator of the DJI Phantom 2 Vision Plus, DJ1 Inspire 1, DJI S800, DJI S800 EVO, DJI S900, DJI SI 000, DJI S1000+, 3D Ro botics Aero, 3D Robotics X8 and Altus X8 ("sUAS"), Blade 350 series and Yuneek Typhoon and Tornado series seeks an exemption from the Federal Aviation Regulations ("FARs") listed below and discussed in the Equivalent Level of Safety section.

The requested exemption would permit American Flyers to conduct commercial operations of sUAS, all weighing less than 55 lbs. including payload and capable of capturing still imagery and video. The application for our sUAS will be for flight training, aerial data collec tion and commercial research purposes.

Operations under the exemption will be subject to strict operating requirements and conditions to ensure at least an equivalent level of safety to currently authorized operations using manned aircraft.

As described mo re fully below, the requested exemption would authorize commercial operations using these sUAS, which at 55 lbs. are small in size. The sUAS will be operated under controlled conditions at low altitude in airspace that is limited in scope, as described mor e fully herein; it will have automated control features, as described below. The sUAS also will be operated by an individual who has at least a sport or recreational pilot's certification, a valid driver's license and sUAS flight training. Finally, the air space in which the sUAS will operate will be disclosed to the FAA in advance through the use of a COA and NOTAMs.

American Flyers respectfully submits that because these small unmanned aerial systems

— the DJI Phantom 2 Vision Plus, DJI Inspire 1, DJI S800, DJI S800 EVO. DJI S900, DJI SI000. DJI S1000+, 3D Robotics Ae ro, 3D Robotics X8+ Blade 350 Series, Yuneek Typhoon and Tornado series and Altus X8

— will be used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary conventi onal aircraft, the FAA can have confidence that the operations will achieve at least an equivalent or greater level of safety. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) r esponsibilities under Section 333(c) of the Reform Act to "establish requirements for the safe operation of such aircraft systems in the national airspace system."

The name and address of the applicant are:

American Flyers Attn: Steven Daun, Dire ctor
Address: American Flyers 4650 Airport Parkway Addison, TX 75001 Phone: (954) 592

- 3890
Email: steven@af.tv

### American Flye rs Inc. 4650 Airport Parkway Addison TX 75001 Steven@af.tv Americanflyers.com

2 | P a g e The regulations from which the exemption is requested are as follows:

14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a)

14 CFR 91.119

14 CFR 9 1.121 14 CFR91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

NOTE The Equivalent Level of Safety section discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest. These are the same rules that have been granted i n every Section 333 Exemption to date.

American Flyers submits that grant of this exemption application for use of sUAS for flight training, aerial data collection and commercial research will advance the Congressional mandate in Section 332 of the Reform Act to accelerate the introduction of UASs into the national airspace system ("NAS") if it can be accomplished safely. This law directs the Secretary of Transportation to consider whether certain UASs may operate safely in the NAS before completion of the rulemaking required under Section 333 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 th e following:

* The UAS' 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.

The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant public be nefit, including enhanced safety and cost savings associated with transitioning to UASs for commercial purposes. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

The sUAS requested in this exemptio n comply with the requirements set forth by Section 333 by their small size, weight, speed, and operational proximity to airports and densely populated areas. As a result under this exemption the sUAS are not deemed airworthy by an airworthiness certificat e, but rather they are deemed airworthy by the operator conducting a thorough preflight of the aircraft. There aircraft will also be registered in accordance to 14 CFR Part 47, marked in accordance to 14 CFR Part 45 Subpart C. Markings will be as

### American Flye rs Inc. 4650 Airport Parkway Addison TX 75001 Steven@af.tv Americanflyers.com
3 | P a g e large as practicable. All requested aircraft have been previously approved by the FAA under other Section 333 exemptions.

Aircraft Make and Model:

 DJI Phantom 2 Vision Plus

 DJI Inspire 1

 DJI S800

 DJI S800 EVO

 DJI S900

 DJI SI000

 DJI SI000+

 3D Robotics Aero

 3D Robotics X8+

 Blade 350

 Yuneek Typhoon

 Yuneek Tornado

Aircraft manuals, operations checklist, and American Flyers's Standard Operating Procedures will be included as additional proprietary information to this petition for exemption that will be submitted upon request.

Operator Requirements

To operate the sUAS under this exemption an operator will be required to have at least a sport or recreational pilot's certification * , a valid driver's license and aircraft specific fight training so as to operate the UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures.

Mandatory Operating Conditions

Grant of the exemption to American Flyers will be subject to the following mandatory conditions for flight operations.

 Permission from the landowner will be obtained before commencing any flight.

 Operations will only occur during Visual Flight Rules Meteorological Conditions (VMC).

 Operations will not occur less than 500 feet below or less than 2.000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the operator.

 The sUAS will remain clear of manned aircraft and yield right of way.

 A functional flight test will be conducted after any major repair or alteration.

 A preflight check will be conducted before each flight to assure airworthiness.

 Aircraft will remain within Visual Line of Sight (VLOS) of the operator.

 All operations will be conducted with a Visual Observer (VO).

 Operations will be limited to daylight hours.

 Operati ons will be concluded with no less than 25% battery power remaining.

 Operations will not exceed 400ft AGL.

 Operations will not occur within 5nm of any airport unless a letter of agreement with that airport's management is obtained.

 Operations requiring a COA will take place under a COA.

### American Flye rs Inc. 4650 Airport Parkway Addison TX 75001 Steven@af.tv Americanflyers.com

4 | P a g e  Operator will file a NOTAM for each flight when required.

 All non

- participants will keep 500ft away from operations unless there are adequate barriers to protect
them.

 All operations will be conducted according to the manufacturer's manuals.

 All documents that will be kept at the GCS include but are not limited to; the aircraft manuals, maintenance logs, aircraft registration, grant of exemption, and COA.

Equivalent Level of Safety

American Flyers requests an exemption from the following regulations, all of which have been granted by every approved Section 333 exemption at the time of this submission.

14 C.F.R. § 61.113 Private pilot privileges and limitations: Pilot in command.

The regulation provides that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any busi ness or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

Equivalent Level of Safety: Currently, there are no applicable ar eas identified fo r sUAS in either the private or commercial sector and therefore an exemption is required to conduct commercial operations. As flight operations will be conducted in a restricted environment as described in the operations section, these strict guidelines wi ll achieve an equivalent level of safety for each individual flight especially when compared to commercial flights identified in Part 61 when originally developed.

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

Petitioner seeks an exemption from 14 C.F. 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 ai rworthiness.

Equivalent Level of Safety: Given t he size of the requested aircraft and the preflight procedures including the review of maintenance logs and preflight check lists, an equivalent level of safety will be provided to assure
the aircraft is in a n airworthy condition.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R, § 91.119(c) which states that aircraft may not operate closer than 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas.

To provide the intended operations, the sUAS is operated below 400 feet AGL.

Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more than the 55 lbs.

### American Flye rs Inc. 4650 Airport Parkway Addison TX 75001 Steven@af.tv Americanflyers.com

5 | P a g e proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less
than those that presently exist with c onventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. As set forth in the operations section of this exemption, the sUAS will be operated at least 5n m away from airports (unless a letter of agreement from the airport's management is obtained), 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 partic ipants, all affected individuals will be well aware of the planned flight operations.

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

Petitioner requests an exemption from 14 C.F.R. § 91,121, which requires a person operating an aircraft to maintain cruising altitu de 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 sUAS does not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Lev el of Safety: An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the sUAS' s height, thus ensuring operation at safe altitudes.

14 C.F.R. § 91.151(a)(1): Fuel Requirements for Flight in VFR Conditions

Petitioner requests an exemption from 14 C.F.R. § 91.151(a)(l)'s fuel requirements for flight in VFR conditions during the day. Se ction 91.151 (a){ 1) 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 spe ed

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

Here, the batteries powering the requested aircraft provide approximately 40 minutes or less. To meet the 30 minutes reserve requirement in 14 C.F.R. §91,151, sUAS flights could not be con ducted. Given the limitations on the sUAS's 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.

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 sUAS. All flights will be planned to be terminated with no less than 25% reserve battery power still available. This restriction would be mo re than adequate to return the sUAS safely to the ground and its planned landing zone from anywhere in its limited operating area even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve
fuel does not includ e the type of risks that Section 91.151(a)(1) was intended to alleviate given the size and speed of the small UAS. and the proximity of the flight operation to the landing zone

14 C.F.R. § 91.405(a). 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenan ce Inspections

Petitioner also seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 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. Sec, e 

### .g.. 14 C.F.R. § 91.405(a) (stating that each owne r or operator of an aircr aft "s hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as p rescribed in part 43 of this chapter"). An

### American Flye rs Inc. 4650 Airport Parkway Addison TX 75001 Steven@af.tv Americanflyers.com
6 | P a g e 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.

Equivalent Level of Safety: An equivalent level of safety will be achieved because the operator will ensure that the sUAS is in working order prior to initiating flight by following the preflight checklist, perform required maintenance, and keep a log of a ny maintenance performed. The operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition.

Public Interest

Consistent with the requirements of 14 C.F.R. §11.81(d), approval of this exemption al lowing commercial operations of sUAS for flight training, aerial data collection and commercial research benefits the public as a whole in the following ways:

 It helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. Namely, the FAA Administrator's assessment of whether certain UAS may operate safely in the National Airspace System.

 The operation significantly improves safety and reduces risk by alleviating human exposure to danger
associated with current aerial remote sensing methods, namely, full size helicopters. Reducing human exposure to death or serious injury associated with manned aircraft performing these tasks furthers the public's interest.

 Petitioner's sUASs are battery powered and create no emissions. If Pet itioner's sUAS crashes, there is no fuel to ignite and explode. Any impact of Petitioner's lightweight sUASs is far less than a full size manned aircraft. The public's interest is furthered by minimizing ecological impact of an accident and by reducing hum an exposure to potentially harmful emissions associated with manned aircraft.

 Remote sensing is as valuable tool for mapping, real estate, insurance evaluations, and industrial inspection. However, problems with safety, cost, statistical integrity, and log istics continue to impede remote sensing from conventional manned aircraft. The use of sUAS addresses these problems and is a powerful tool for performing a wide

- range of remote sensing applications. The public as a whole
will benefit from the safer and mo re cost

- effective remote sensing services that sUAS operations provide.

 As the UAS industry continues to expand into the commercial market, so too does the demand for structured, professional training. Approval of this exemption will enable American Flyers to provide excellent training in the development of pilots, in the unmanned side of aviation. This will enhance safe, efficient operations by operators.

Privacy

American Flyers will not operate sUAS in any way that may invade personal privacy and will co mply with any federal, state, or local privacy laws that may apply in areas where American Flyers operates sUAS. In addition, as a practical matter, flights will occur over property only with land owner permission, so privacy is unlikely to be a concern in relation to American Flyers's proposed use.

### American Flye rs Inc. 4650 Airport Parkway Addison TX 75001 Steven@af.tv Americanflyers.com

7 | P a g e Conclusion

American Flyers seeks an exemption from the FARs set forth above and in Appendix A to allow commercial operations of a sUAS to conduct flight training, aerial data collection, and commercial research.

Approval of this exemption allowing commercial operations of the requested aircraft for flight training, aerial data collection and commercial research will enhance safety by reducing risk

.

Conventional remote sensing operations, using turbine or piston

- powered aircraft present risks associated with
vehicles that can weigh 5,000 to 7,000 lbs., or more, carry large quantities of fuel, passengers, and, in some cases, cargo. In contrast, sUAS weighing less than 55 lbs. and powered by batteries eliminates a p ortion 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 any individuals to the risks associated with manned aircraft flights.

Additionally, no national security issue is raised by the grant of the requested exemptions due to all pilots being certified through the FAA.

The operation of the sUAS, weighing less than 55 lbs., for flight training, aerial data collection and
commercial research in acco rdance with the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein.

The requested aircraft meet the criteria set forth in Section 333 of the Reform Act

— size, weight, speed,

o perating capabilities, lack of proximity to airports, operation within visual line of sight, and national security

-

— and its showing of an equivalent level of safety provides more than adequate justification for the grant of the requested exemptions allowin g commercial operation of the sUAS for flight training, aerial data collection and for commercial research purposes.

Best Regards,

American Flyers Attn: Steven Daun, Director
Address: American Flyers 4650 Airport Parkway Addison, TX 75001
Phone: 954

- 784

- 2122
Email: steven@af.tv

### American Flye rs Inc. 4650 Airport Parkway Addison TX 75001 Steven@af.tv Americanflyers.com
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