Enclosure (1)

1 | P a g e 

### Explanation of exemptions to 14 C.F.R.

We believe an exemption from the regulations noted in DBCC’s petition letter will be
sufficient to conduct the inspection operations. To the extent that FAA may deem it necessary, however, we also request an exemption from a regulations ancillary to the foregoing that may be needed to facilitate our desired operations.

14 CFR Part 21, Subpart H: Airworthiness Certificates This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for s UAS, we request an exemption for the requirement for an airworthiness certificate in general

.

The DJI Phantom Vision 2+ will operate in close proximity to the ground and buildings under
construction. This UAS will NOT carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the fact th at the aircraft weighs only 2 .6 pounds and is constructed primarily out of plastic , we propose that the DJI Phantom Vision 2+ will be at least as safe, if not safer, than a conventionally certificated aircraft performing the

same mission.

14 CFR 91.203(a ) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) p rovides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legibl e to passengers or crew." At 2 .6 pounds , the DJI Phanton

Vision 2+ is too small to carry documentation, does not have an entrance, and is not capa ble of carrying passengers or crew.

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the crew at the ground control station and availa ble for inspection upon request. This will include an owner’s manual and the following information.

M anufacturer: DJI
Model: Phantom Vision 2+
Model #: PV331
Serial Number: PH645232591 Registered to: Danis Building Construction Company
3233 Newmark Drive Miamisburg, Ohio 45342

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. DBCC’s UAS is , by definition, unmanned. They therefo re do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch letteringEnclosure (1)

2 | P a g e is difficult to place on such small aircraft. Regardless, DBCC will mark its UASs in th e largest possible lettering by placing the wor d “EXPERIMENTAL” on its fuselage so that the pilot, technician, spotter and others working with the UAV will see the markings.

The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft

. As there are no pilots or passengers, and given the size o f the UASs, this Regulation is inapplicable.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current,
DJI Phantom Vision 2+ Owner’s Manual must be available to the crew at the ground station anytime the a ircraft is in, or preparing for flight.

14 CFR 91.119 Minimum safe altitudes

. The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, we cannot comply with this requirement.

To provide an equivalent level of safety we will only fly over private property with the signed permission of the land owner. The land owner will be briefed of the expected route of flight and the associated risks to persons and property on the ground. We maintain that due to the
small size of the DJI Phantom Vision 2+ Quad Copter

, weight, maneuverability, and speed of an equivalent level of safety will be achieved. I f a po wer unit fails, an emergency landing will be
executable without undue hazard to persons or property on the surface.

14 CFR 91.121 Altimeter settings. Regarding altimeter settings this regulation is inapplicable based on system configuration of the

propo sed sUAS.

To provide an equiv alent level of safety, this sUAS utilizes the Global Positioning System, has a built in inertial sensor and a barometric altimeter provides all of which provide reliable readings for attitude and altitude during flight. Th is information is displayed at the ground control station on a mobile device (iphone/ipad)

. Because of these functions it is not necessary to manually input the current altimeter setting for an accurate altitude reading.

1 4 CFR 91.151 Fuel requirements for flight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after
that for at least 30 minutes. We f eel the intention of this paragraph is to provide a reserve of energy as a safety buffer for go

- arounds and other delays to landing.Enclosure (1)

3 | P a g e To provide an equiv alent level of safety, it is DBCC’s intent to maintain a 10 minute battery
reserve for t he DJI Phantom Vistion 2+. T he maximum duration of flight from a single battery charge is 25 minutes. Since the aircraft will never fly more than 0.5 nm from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy

req uirement of this paragraph. An audible and visual alert notification will flash on the screen of the ground station at 35% of battery life remaining. This will give the PIC 10 minutes to safely land the quad copter at its intended point of landing before battery depletion.

14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, and Alterations

. The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including complianc e with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection.

In order to provide an equivalent level of safety i t is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return
to service.” T he PIC will ensure that the aircraft is in an airworthy condition prior to flight and conduct detailed inspections after ev ery 10 flight hours. The batteries will be logged for the amount of charges and will be replaced per the manufacturers specification every 300 battery discharges. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propelle r, and updating software and firmware. All other maintenance will be performed by
the manufacturer. The P IC will document work performed.

8900.227 Paragraph 16(c)(4) PIC Medical a nd Paragraph 16(e)(1) Observer Medical. This policy provides that both the PIC and VO must have a valid FAA second

- class medical certificate issued under part 67 in order to perform as a pilot or observer. The aircraft weighs

2.6 pounds and is constructed out of plastic . Requiring the crew to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary
burden.

To provide an equivalent level of safety w e propose that the minimum medical requirements

be vision correc ted to 20/20 and a valid, state

- issued driver's license

. A licensed driver is medically qualified to operate a much larger vehicle. The 20/20 vision requirement will ensure

that the PIC and VO can see and avoid obstacles . Given the unlikely event that b oth the PIC and VO become medically incapacitated while the aircraft is in flight, the DJI Phantom Vistion 2+ will recover autonomously to the landing location designated prior to launch without crew

intervention.