Drone Surveys and Reports

March 30, 2015 Page 1 of 1 0 U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, D.C. 20590 Re: Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the Federal Aviation Regulations, Seeking Exemption from : 14 C.F.R. Part 21 Subpart H; 14 C.F.R. § 21.191(a); 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.27; 14 C.F.R. §§ 61.113(a) and (b); 14 C.F.R. § 91.l 19(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. §§ 91.409(a)(l) and (2); 14 C.F.R. §§ 91.417(a) and (b).
THE AIRCRAFT DRONE SURVEYS AND REPORTS specifically proposes to conduct aerial photograph y and survey for real estate and various industries with UASs including the DJ I Phantom and Inspire series rotorcraft

. Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), DRONE SURVEYS AND REPORTS (the operator), John Irving (the applicant), planned operator of Small Unmanned Aircraft S ys tems (UAS s) equipped to conduct aeri al photograph y and survey

for real estate and various industries , hereb y applies for an exemption from Federal Aviation Regulations (FARs) to allow commercial operation of their UAS s, so long as such operations are conducted within and under the conditions outlined herein or as may be established by

the FAA as required by

Section 333.
This requested exemption follows the language of exemptions Pursuant to Section 333 that have previously

been approved by

the FAA.
As described more full y below, the requested exemption would permit the operation of UASs by the applicant for commercial use that would provide the following benefits: 1. Operations would be performed in an area of operation limited in size suitable to the specific use, in advance of flight. 2. The flight would be planned in advance to minimize hazards to persons and property in the air and on the ground. 3. The operator would reasonably limit or control access to provide safety to those not involved in the operation. 4. Operation of a sUAS would provide significant safety, environmental and other enhancements not possible by larger sized aircraft. 5. An FAA licensed airman with a Private grade or higher pilot certificate would operate the sUAS or an FAA licensed airman with a Commercial grade or higher pilot certificate would directly supervise the operation (as per Exemption No. 11157)

. 6. Provide a beneficial and currentl y unavailable service to government organizations and the general public that would serve the public interest.Drone Surveys and Reports

March 30, 2015 Page 2 of 1 0 Appro val of this exemption would thereby enhance safety and fu lf

il the Secretary

of Transportation ’ s (the FAA Administrato r ’ s) responsibilities to “

... establish requirements for the safe operation of such aircraft s ys tems in the national airspace s ys tem ” Secti on 333(c) of the Reform Act. It is possible to operate UAS s so to not create a hazard to users of the National Airspace Sy stem (NAS), the public or pose a threat to national security if done so safel y and responsibly. The applicant has demonstrated their willingness to act safel y and responsibly by not engaging in commercial sUAS operations. The applicant currently holds an FAA Airline Transport Pilot Certificate (ATP 1989977 ) Airplane Multi

- Engine L and, and ATP Rotorcraft Helicopter and a current FAA Flight Instructor Certificate (CFI ) (Airplane Single and Multi

- engine, Rotorcraft

Helicopter, Instrument) . This demonstrates that the applicant has a high regard to safe operations, as well as a necessary

high

- level understanding of the NAS and FARs. The experience these two FAA certificates represent , serves to add significantly to the level of safety in any operation performed b y the applicant or the applicant ’ s employees. **AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY** The applicant proposes that the exemption requested herein appl y to civil aircraft that have the characteristics of sUAS and that operate with the limitations listed herein. These limitations provide for at least an equivalent or higher level of safety to operations under the current regulatory

structure as the proposed operations represent a safety enhancement to the already safe aerial commercial photography and survey operations conducted with conventional aircraft.
The UAS s planned to be operated are rotorcraft, each weighing 55 or fewer pounds including payload. They

would operate, under normal conditions, at a speed of no more than 87 knots

. Operations will be performed by a qualified sUAS PI C , as outlined below, to insure that the sUAS will “ not create a hazard to users of the national airspace sy stem or the public. ” Given the small size of the UAS s involved and the pre

- planned environment within which they will operate, the applicant believes that these operations fall s quarel y within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS s to commence immediatel y. Also, operation in a researched (to include applicable NOTAMs), pre - defined area will prevent the possibility of a national security issue. The operation of UAS s by knowledgeable professionals with experience in the NAS will serve to enhance safety , add to the public benefit and reduce environmental impacts related to current methods of aerial photography and survey.
Listed below are the limitations and conditions to which the operator, or it s employees, acting as sUAS PI C agrees to be bound when conducting commercial operations under an FAA issued exemption: 1. Safety w ill be the first and foremost consideration in any sUAS operation. 2. The sUAS pilot will be an FAA licensed airman with at least a Private Pilot certificate or the sUAS pilot will be directly supervised by

an FAA licensed airman with at least a Commercial Pilot certificate ( as per Exemption No. 11157)

. 3. The sUAS FAA licensed airman will be considered Pilot in Command ( PI C ), whether fl yi ng or supervising, and will be responsible for safe operation of the flight.Drone Surveys and Reports

March 30, 2015 Page 3 of 1 0 4. Flights will be operated within visual l ine of sight (VLOS) of the PIC and visual observer (VO)

. 5. The sUAS will weigh less than 55 lbs total. 6. Flights will be operated in Class G airspace whenever possible. I f operation in other airspace is required, the relevant controlling agency will be notified at least 24 hours prior to the operation and, if required, any necessary permission obtained. 7. Flights will be operated under visibility and cloud clearance requirements equivalent to Visual Flight Rules (VFR). 8. The sUAS will at all times give way to an y ai rcraft carrying persons. 9. Minimum crew for each operation will consist of the sUAS PI C and visual observer (VO) . The observer and PI C will at all times be able to communicate by voice. 10. Prior to a sUAS flight, an area of operation will b e established. This area of operation will include a defined lateral and vertical area, where the sUAS will operate. Safety procedures will be established for persons, property and applicable airspace within the area of operation. 11. Flight planning will include flight completion with at least 20% battery power remaining as measured by the sUAS or appropriate timing. 12. The sUAS aircraft used will utilize GPS navigation, failsafe, return

- to

- home (RTH) and/or flight abort safety

features. 13. A briefing wi ll be conducted in regard to the planned sUAS operations prior to operation at each new location. All personnel who will be performing duties within the boundaries of the area of operation will be present for this briefing. 14. All required permissions and permits will be obtained from appropriate state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 15. Written ( to include electronic, and/or oral ) permission from the relevant property owners will be obtained prior to an operation. 1 6 . The sUAS pilot will be trained in advance for the safe operation of the sUAS to be operated. This training will include a minimum of 100 takeoff/landing cycles, 25 hours of total time as a UAS rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS ty

pe. Prior to operations the PI C will have accumulated and logged a minimum of 5 hours as sUAS pilot operating the make and model of sUAS as well as 3 takeoffs and landings in the proceeding 90 day s. Specific training will include normal and emergency

modes of operation and will include familiarization with the operation manual published by

the sUAS manufacturer. Training will also include ty pes of maneuvers to be performed during operations including safe operation in relation to persons, property and applicable airspace. 1 7 .The sUAS PI C will establish a working relationship with a representative at the local FSDO with which to annually review safety procedures and other operations to further enhance safety

. 18. Prior to each flight, the PI C will inspect the sUAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the sUAS , the sUAS will not be operated until the necessary maintenance has been performed and the sUAS is found to be in a condition for safe flight. The Ground ControlDrone Surveys and Reports

March 30, 2015 Page 4 of 1 0 Station will be included in the preflight inspection. All maintenance and alterations will be properl y documented in the aircraft records. 19. Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. The PIC who conducts the functional test flight will make an entry

in the aircraft records. 20. The pre

- flight inspection section in the operating documents will account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 21. The operator will follow the sUAS manufacturer ’ s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 22. The operator will carry out its maintenance, inspections, and record keeping requi rements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts will be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the sUAS to service. 23. Each sUAS operated under this exemption will comply with all manufacturer Safety Bulletins. 24. The authorized person will make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. It is the applicant ’ s belief that the size, speed, operating environment, limitations and level of applicant ’ s experience in the NAS outlined provides an “ equivalent level of safety” or better when operating a sUAS for the public interest as outlined in Section 333 in the FAA Modernization and Reform Act of 2012. It is requested that the FAA issue an exemption to permit safe, legal, commercial sUAS operation b y the applicant as soon a s possible.
Sincerel y,

John Irving , President ATP & CFI Airplane MEL, Rotorcraft Helicopter, Instrument
DRONE SURVEYS AND REPORTS 2905 Destin Dr. Denton, TX 76205 530

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- 5798Drone Surveys and Reports

March 30, 2015 Page 5 of 1 0 Appendix A **EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY**
DRONE SURVEYS AND REPORTS , requests an exemption from the following regulations as well as an y additional regulations that may technically

appl y to the operation of UAS s:
**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 sUAS , we request an experimental certificate be issued for the UAS s operated b y the applicant under either or both of the following provisions: 21 .191 Experimental certificates. Experimental certificates are issued for the following purposes: **(a) Research and development.** Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating t echniques, or new uses for aircraft. **(b) Showing compliance with regulations.** Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of ty pe and supplemental ty

p e certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market survey s, s ales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property and will only fly under strict operational requirements. Combined with the fact that any aircraft operated would be light weight and is constructed primarily

out of plastic, we propose that a sUAS will be at least as safe, if not safer, than a conventionall y certificated aircraft performing the same function. If an exp erimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph. **14 CFR 91.203(a) & (b) C**  **ivil 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) provides that the airworthiness certificate be “ displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. ” A sUAS is too small to carry documentation, does not have an entrance, and is not capab le 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 b y the FAA will be co

- located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose the use of the sUAS ’ unique manufacturers serial number, and a contact telephone number be mounted on the sUAS on a placard of reasonable size in relation to the sUAS

. In the event that a unique manufacturers serial number is not available, the previously mentioned placard will be affixed to the sUAS consisting of the model name and number of the sUAS , as well as a contact telephone number.Drone Surveys and Reports

March 30, 2015 Page 6 of 1 0 **14 CFR 45.23 Display of marks; general and 45.29 Size of marks.**  These regulations provide that each aircraft must display “N ” and the aircraft ’ s registration number in letters at least 3 inches high. Additionally , the aircraft must display the word

“ EXPERIMENTAL ” in letters at least 2 inches h igh near the entrance to the cabin, cockpit, or pilot station. A sUAS does not have an entrance in which the word “ EXPERIMENTAL ” can be placed, and may

not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of s afety b y including the word “ EXPERIMENTAL ” on the top or side of the aircraft, in the form of a placard. The label will be of a size that will not overwhelm the aircraft, but will be reasonably readable to someone near the sUAS . The placard outlined in the previous paragraph will provide sufficient identifiability should someone discover the aircraft on the ground. **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. The intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft . We request an exemption to this requirement since the sUAS cannot carry such a manual, and if the sUAS did carry such manual, it would be unavailable to the crew for review. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, sUAS operation manual or equivalent be available the crew at the ground station anyt ime the aircraft is in, or preparing for, flight. **14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight tests** 
**.** The regulation p rovides that “No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls. ” The controls for a sUAS do not currentl y have a set of fully functioning dual controls. If a sUAS pilo t is being trained, the pilot performing the training would be directl y supervising and could take over the controls from the pilot in training if the need arose. This would be similar to the technique of a “ throw

- over ty pe ” control wheel in some fixed win g aircraft. We feel that this technique meets the intent of 91.109 and provides an equivalent level of safety.
**14 CFR 91.119 Minimum safe altitudes: General.** The regulation provides that over sparsel y populated areas the aircraft cannot be operated closer than 500 feet to an y person, vessel, vehicle, or structure. Since the ty pical mission of this sUAS would be photograph y or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained, and careful pre

- planning has been performed. Further, sUAS aircraft operate at a very slow airspeed, and a low mass, and do not need as much space to operate safel y, as outlined in 91.119. We believe the slower speed, smaller mass and careful pre

- planning would provide an equivalent level of safety. **14 CFR 9l.l21Altimeter settings.** The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles of the aircraft. The sUAS will alway s fly below 5 00 feet AGL , and in line of sight of the PIC and visual observ er (VO) . This line of sight operationDrone Surveys and Reports

March 30, 2015 Page 7 of 1 0 will provide separation from other aircraft, obstructions and terrain, and would override the use of an altimeter for such a purpose. We feel that this will provide an equivalent level of safety.
**14 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 fl y to the first point of intended landing and to fl y after that for at least 30 minutes. We feel the intention of this paragraph it to provide a reasonable reserve of energy

to plan for a safe landing should there be a delay in landing. The close proximity to the ground station, the ability for both rotorcraft and small fixed wing aircra ft to land in a very

small space and the built in energy level monitoring of the sUAS we feel provide an equivalent level of safety if the flight is planned to be completed with 20% battery energy remaining. We request an exemption to the word “ fuel ” and a sk for an equivalent interpretation with the word “ energy”

. **14 CFR Subpart E (91.401**

**- 91.4171** 

**- Maintenance, Preventive Maintenance, and**  **Alterations** The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airwo rth y condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be “ approved for return to service b y a person authorized under 43.7 ” after maintenance and inspection. It is our intention that the PI C perfor m maintenance and inspection of the aircraft and “be authorized to approve the aircraft for return to service. ” Prior to every flight, the PIC will inspect the aircraft to ensure that it is in an airworthy condition. Any general maintenance procedures or replacement of consumable items outlined by the sUAS manufacturer, if applicable, will be complied with by the PI C

. In no circumstance will a sUAS be operated in a condition that is deemed, or suspected to be, unsafe. If such a determination is reached, and the problem cannot be remedied to the satisfaction of the PI C , the sUAS will not be operated until consulting with the manufacturer or one of its authorized dealers to complete necessary repairs. We feel that due to th e size, construction, and simplicity of the aircraft, the PI C can ensure an equivalent level of safety

. **8900.227 Paragraph 16(c**  **) (4)**  **PI C**  **Medical. and Paragraph 16(e)(**  **1) Observer Medical.**  This policy

provides that both the PI C and observer must have a valid FAA second

- class me dical certificate issued under P art 67 in order to perform as a pilot or observer. Requiring the crew to meet the same medical requirements as a commercial pilot carryingpassengers in a large aircraft is an unnecessary

burden. We propo se that the minimum medical requirements for the PIC be a valid FAA third

- class medical certificate and for the visual observer (VO) be vision corrected to 20/20 and a valid, state

- issued driver ’ s license. The risk of both the PI C and observer becoming inc apacitated at the same time and suddenly is very low. Further, since the sUAS is operating close to the ground, it could be brought in for landing in a very short time if incapacitation was suspected. Finally , the UAS s used will be equipped with an automatic return to home feature which would provide a final level of safety. We feel this would provide an equivalent level of safety.Drone Surveys and Reports

March 30, 2015 Page 8 of 1 0 **FLIGHT RESTRICTIONS** (a) No flight will be made with a sUAS Gross weight exceeding 55 pounds; (b) Most operations will occur in FAA Class G airspace at no more than 5 00 ’ AGL, at an airspeed of no more than 87 knots and within visual line of sight (VLOS) of the PIC; (c) All operations will utilize a visual observer (VO). The VO and PIC will be able to communicate verbally at all times during a flight operation; (d) Operations will be restricted to flights over private property with the permission of the property owner; (e) The PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a sUAS rotorcraft pilot and at least ten hours logged as a sUAS pilot with a similar sUAS ty pe; 5 hours as sUAS pilot operating the make and model of sUAS as well as 3 takeoffs and landings in the proceeding 90 day s. (f) All required permits will be obtained from state and local government prior to operation; (g) The sUAS System will not be operated over densely populated areas; (h) The sUAS Sy stem will not be operated at air shows ; (i) The sUAS System will not be operated over any open

- air assembly of people; (j) The sUAS System will not be operated over heavily trafficked roads; (k) The sUAS Sy stem will not be operated within 5 NM of an airport or heliport unless the operator has a CoA with the airport operator and within 48 hours, but not more than 72 hours issues an appropriate NOTAM ; (l) Operations will be restricted to day only and weather conditions equivalent to VFR; (m) The PIC will brief the VO an d property owner about the operation and risk before the first flight at each new location; (n) No flight may be made without a successful Pre

- Flight Inspection by the PIC before each operation to ascertain that the sUAS is in a condition safe for flight.

**PRE**

**- FLIGHT CHECKLIST**  (1) Determine that sUAS battery is fully charged in order to prevent unexpected premature descent; (2) Check all wiring connections are tight; (3) Check all propellers are undamaged and no cracks exist in any structural members of the sUAS ; (5) Turn on radio controller, check for adequate voltage, set it to connect to the sUAS , move all control switches the appropriate preflight position; (6) Connect the sUAS main battery , check for radio contact with sUAS ’ s radio receiver; (7 ) At a location different from previous flight, re

- set GPS and compass to current location; (8) Turn on transmitter, gimbal and camera.
**OPERATING DOCUMENTS** Petitioner submits its Operations Manual and Training Syllabus as Confidential documents under 14 C.F.R. § l l .35(b) as they contain proprietary

information that Petitioner has not and will not share with others. The documents contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552.Drone Surveys and Reports

March 30, 2015 Page 9 of 1 0 The petition and the following supporting documentation are referred to as the operating documents: 1) Training Syll abus including: Cautions, Warnings, Basic Flight Maneuvers, Advanced Flight Maneuvers as per the DJ I Pilot Training Guide and Mission Specific Flight Maneuvers 2) Operations Manual including: Phantom 2 Vision Plus User Manual: Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf Phantom 2 Vision Plus Pilot Training Guide: Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1_en.pdf Smart Flight Battery

Safety Guidelines Smart_Flight_Battery

_Safety _Guidelines.pdf Inspire 1 User Manual Inspir e_1_User_Manual_v1.0_en.pdf Inspire 1 Maintenance Manual Inspire_1_Maintenance_ManualV1.0_en.pdf Inspire 1 Safety Guidelines Inspire_1_Safety_Guidelines_en.pdf Intelligent Flight Battery

Safety Guidelines Intelligent_Flight_Battery_Safety _Guidelines_en.pdf 3) Forms including: Drone Survey s and Reports Flight Authorization form Drone Survey s and Reports Job Safety Assessment form Drone Survey s and Reports Preflight Briefing Sheet Drone Survey s and Reports Aircraft Flight Log And Maintenance Record Drone Surv ey s and Reports UAS Defect Sheet **Materials to be readily available to the PIC**  **:** Operations Manual including:

 Phantom 2 Vision Plus User Manual:

 Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf

 Phantom 2 Vision Plus Pilot Training Guide:

 Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1_en.pdf

 Smart Flight Battery

Safety Guidelines

 Smart_Flight_Battery _Safety _Guidelines.pdf

 Inspire 1 User Manual

 Inspire_1_User_Manual_v1.0_en.pdf

 Inspire 1 Maintenance Manual

 Inspire_1_Maintenance_ManualV1.0_en.pdf

 Inspire 1 Safety Guidelines

 Inspire_1_Safety_Guidelines_en.pdf

 Intelligent Flight Battery Safety Guidelines

 Intelligent_Flight_Battery_Safety _Guidelines_en.pdfDrone Surveys and Reports

March 30, 2015 Page 10 of 1 0  Sectional and TAC Aeronautical charts

 sUAS logbook and Defect Sheet(s)

 Personal pilot logbook **Petitioner submits its Operations Manual and Training Syllabus as Confidential documents under 14 C.F.R. § l l**  **.35(b) as they contain proprietary information that Petitioner has not and will not share with**  **others. The documents contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom**  **of Infor mation Act, 5 U.S.C. § 552.** 
**CONCLUSION** Satisfaction of the criteria provided in Section 333 of the FMRA regarding size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national s ecurity, provide more than adequate justification for the grant of the requested exemption allowing operation of Petitioner's sUAS for aerial photograph y and survey for real estate and real estate and various industries pursuant to the Operations Manual.
Please do not hesitate to contact John Irving captjohnirving@yahoo.com 530

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- 5798 with any questions about this filing. Sincerely ,

John Irving ATP CFI 1989977

CEO Drone Survey s and Reports
Attachment s : Drone Survey s and Reports Confidential Operations Manual , Drone Survey s and Reports Training Syllabus All relevant forms