### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

I N THE MATTER OF THE PETITION FOR EXEMPTION OF: DRONEWORKS IMAGING , LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.23(A) AND (C), 61.101(E)(4) AND (5),61.113(A), 61.315(A), 61.113(A) AND (B) , 91.7 (A), 91.109, 91.119(C), 91.121, 91.151(A)(1), 91.405(A), 91.407(A)(1), 91.409(A)(1) AND (2), 91.417(A) AND (B), CONCERNING COMMER CIAL OPERATION OF DJI S1000, DJI MATRICE 100, DJI PHANTOM 3 PROFESSIONAL AND DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on August 2 6 , 2015

Droneworks Imaging, LLC M ark T

. Atkinson , General Counsel 141 6 West F irst S treet, S uit e 200 Winston Salem, N C 27101 P hone: 336 -6 31 -9 987 E m ail: mark @mtalaw.com

1CONTENTS COVERLETTER

................................................................................................ ............................................ 3

NAME OF APPLICANT

................................................................................................ ................................ . 4

REGULATIONS SEEKING RELIEF FROM

.................................................................................................. 4

EXTENT OF RELIEF SOUGHT AND THE REASON DRONEWORKS SEEK THE RELIEF

...................... 4

HOW OUR REQUEST WOULD BENEFIT THE PUBLIC AS A WHOLE.

.................................................... 6

The public will benefit from decreased congestion of the NAS

................................................................ . 6 The public will benefit from the safety and efficiency of DroneWorks sUAS

............................................. 6 Performing aerial video and photography operations with DroneWorks sUAS will benefit the e conomy . 6
Privacy issues

................................................................................................ ............................................ 7
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

.......................................................... 7

14 CFR 61.23 Medical Certificates

............................................................................................................ 7 14 CFR 61.101, 14 CFR 61.113, and 14 CFR 61.315 Pilot privileges and Limitations

............................ 7

14 CFR 91.7 Civil Aircraft Airworthiness

................................................................................................... 7 14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

.............................. 8

14 CFR 91.119 Minimum safe altitudes: Genera l

..................................................................................... 8 14 CFR 91.121 Altimeter Settings

............................................................................................................. 8 14 CFR 91.151 Fuel requirements for flight in VFR conditions

................................................................ . 8 14 CFR 91.215 ATC transponder and altitude reporting equipment and use:

.......................................... 8 14 CFR subpart e (91.401 - 91.417) - maintenance, preventive maintenance, alterations

....................... 9

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

................................................ 9

DRONEWORKS OPERATIONS

................................................................................................................... 9

Background

................................................................................................ ............................................... 9

REQUEST FOR CONFID ENT IALITY

......................................................................................................... 10

2

## COVERLETTER

August 2 6

, 20 15

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

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

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, DroneWorks Imaging

, LLC (DroneWorks), a North Carolina based limited liability company operating Small Unmanned Aircraft System (sUAS) equipped to conduct aerial photography and survey for various industries, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333. The requested exemption is similar to previous FAA issued grants of exemption including but not limited to Exemption Nos. 11062, 11109, 11112, 11213 and 11295.



### Our commercial activities would include:

The requested exemption would permit DroneWorks to pursue its commercial interests in providing services to consumers interested in training, research, and aerial data capture using a small advanced sUAS in the following areas:

- Aerial Photograp hy and Videography for the real estate, construction, and utilities industries

- Agricultural Surveying and Application

- sUAS Operator Training

- Product Demonstrations

- Research and Development

All DroneWorks sUAS flights that will occur over private or controlled access property will do so with the property owner's prior consent and knowledge. Only people who have consented or otherwise have agreed to be in the area where photography and videography will take place will be captured in any photos or video s.

Additionally, all DroneWorks pilots will hold an airline transport, commercial, private, recreational, or sport pilot certificate and also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. If an observer is not a qualified pilot, they will be trained by DroneWorks pilots to understand

3the proper roles of an observer, communication procedures, proper visual scan tech niques, operations at

non

- towered airports, and appropriate sections of the Aeronautical Information Manual.



## NAME OF APPLICANT
The name and address of the applicant are:

Droneworks Imaging , LLC Attn: Mark Atkinson, General Counsel 1416 West First Street, Suite 200 Winston Salem, NC 27101 Phone: 336

- 631

- 9987 Email: mark@mtalaw.com



## REGULATIONS SEEKING RELIEF FROM Regulations from which the exemption is requested:

- 14 CFR 61.23(a) and ( c)

- 14 CFR 61.101(e)(4) and (5)

- 14 CFR 61.113(a)

- 14 CFR 61.315(a)

- 14 CFR 61.113(a) and (b)

- 14 CFR 91.7 (a)

- 14 CFR 91.109

- 14 CFR 91.119 (c)

- 14 CFR 91.121

- 14 CFR 91.151(a) (1)

- 14 CFR 91.405(a)

- 14 CFR 91.407(a)(1)

- 14 CFR 91.409(a)(1) and (2)

- 14 CFR 91.417(a) and (b)

,

t o the extent necessary to allow DroneWorks to operate a UAS to perform training, research, and aerial data collection

.



## EXTENT OF RELIEF SOUGHT AND THE REASON DRONEWORKS SEEK S THE RELIEF We are petitioning for exemption to enable DroneWorks to operate a series of UAS platforms that have been previously approved by exemption. Namely:

DJI Inspire

- Exemption 11398 DJI S1000

- Exemption 11416 DJI Phantom 3 Professional

- Similar to Exemption 11310 DJI Matrice

- Similar to Exemption 11398

These UAS all weig h less than 55 lbs. , have a built

- in capability to limit the height flown above the ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and D

4airspace including a no fly zone feature. Each system also h as the failsafe function of the autopilot system, which means when the communication between the Main Controller and the transmitter is lost, the system will automatically trigger Return to Home and will land safely.

This submission does not include the D JI ’s (the manufacturer of all DroneWorks sUAS) User Manuals for each model requested above, as they have been reviewed by the Administrator in granting previous exemptions. Copies of all User Manuals for the individual models listed will be submitted on re quest. It should be noted, that while the FAA has not previously granted an exemption for the DJI Phantom 3 series, it is an upgraded version of the DJI Phantom 2 including components pioneered by DJI with the Inspire 1.

Model specifics are listed in the D roneWorks General Operating Manual and checklists which is included with this submission

.
The above specifications meet standards listed below:

- DroneWorks will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites tha t are a 'sufficient distance' from populated areas within the sterile area described in DroneWorks ’s manual. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public."

- DroneWorks will not o perate sUAS within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD), unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to DroneW orks.

- Maximum flight time for each operational flight will be 60 minutes.

- Flights will be terminated at 2 0 % battery power reserve should that occur prior to the 60 minute limit.

- The sUAS will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL.

- Minimum crew for each operation will consist of the s UAS Pilot and the Visual Observer.

- The s UAS PIC's (Pilot in Command) will be an airline transport, commercial, private, recreational, or sport pilot certificate and also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Pu erto Rico, a territory, a possession, or the Federal government.

- The s UAS operated by the petitioner weighs less than 55 pounds, including the payload ( i.e. camera, lens, and gimbal)

- The s UAS will operate at speeds of no more than 87 knots (100 miles per hour)

.

- Given the small size of the sUAS and the restricted sterile environment within which they will operate, our sUAS operations adhere to the Reform Act's safety requirements.

Additionally, the fact that the DroneWorks pilots hold FAA Pilot certifica tes demonstrates that they have a high regard to safe operations with an understanding of FARs, pre

- flight inspections, maintenance and repair, operations within airspace, as well as being trained to high safety standards .

Under the requested exemption, DroneWorks will ensure that all operators have completed a small unmanned aircraft systems ( s UAS) education and training program including all applicable regulations and guidance documents; including aeronautical background information such as charts, NOTA MS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic Small UAS Aerodynamics; Weather factors; Airmanship and Decision

- making and Safe Operating Procedures.

5We respectfully request exemption under Se ction 333 to enable DroneWorks to operate safe, low

- risk commercial sUA S operations for the activities stated. RFS at all times will respect the space and privacy of citizens and property whi le keeping our skies safe.



## HOW OUR REQUEST WOULD BENEFIT THE PUBLIC AS A WHOLE. Granting the present Petition will further the public interest by allowing DroneWorks to safely, efficiently, and economically perform aerial data collection over certain areas of the United States.

Additionally, use of DroneWorks s UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of DroneWorks’s proposed operation of DroneWorks sUAS will be realized without implicating any privacy issues.



### The public will benefit from decreased congestion of the NAS DroneWorks sUAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft

n eeded to perform aerial acquisitions, an exemption allowing the use of a DJI DroneWorks UAS 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on t he ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. DroneWorks UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.



### The public will benefit from the safety and efficiency of DroneWorks sUAS Conducting aerial acquisitions with DroneWorks UAS , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional ae rial data collection flight operations. By using battery power and electric motors, DroneWorks UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft t hat are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. DroneWorks UAS , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine.

By using DroneWorks UAS to perform aerial data collection, the substantial risk to life and property in the air and on the ground, which is usually associated wit h traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, DroneWorks UAS (weighing maximum of 25 pounds at their maximum gross weight wi th diagonal dimension of 36 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approx imately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).


### Performing aerial video and photography operations with DroneWorks sUAS will benefit the economy In addition to being safe and efficien t, DroneWorks UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of DroneWorks UAS will allow

6United States based companies, like DroneWorks, to remain competitive and contribute to grow th of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order t o remain competitive. Operating the battery powered DJI DroneWorks UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a t raditional manned aircraft.

By operating DroneWorks UAS, companies such as DroneWorks, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of DroneWorks UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research a nd development in order to remain competitive both in the United States and abroad.



### Privacy issues Similar to the manned aerial acquisition flight operations that have been conducted for decades, DroneWorks’s proposed operation of DroneWorks UAS will not i mplicate any privacy issues. Specifically, DroneWorks UAS will be operated only in compliance with operating documents (i.e., DroneWorks General Operations Manual, UAS Maintenance Log, and applicable DJI Instruction Manuals) which requires property owner i nvolvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.



## EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Droneworks requests an exemption from the following regulations as well as any additional regulations that may technically ap ply to the operation of the sUAS System:



### 14 CFR 61.23 Medical Certificates The regulation provides that a person requires a first or second class medical to act as pilot in Command of an aircraft for compensation or hire. Our proposed operations require that the PIC must hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.23 even though the intent of this application is to conduct a business.



### 14 CFR 61.101, 14 CFR 61.113 , and 14 CFR 61.315 Pilot privileges and Limitations The regulation provides that no person that holds a Recreational Pilot, Sport Pilot, or Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Our proposed operat ions require that the PIC must hold at least airline transport, commercial, private, recreational, or sport pilot certificate. Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the int ent of this application is to conduct a business.



### 14 CFR 91.7 Civil Aircraft Airworthiness This Section prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

7

### 14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight
tests The regulation states that "No person may operate a civil aircraft that is being used for flight Instruction unless that aircraf t has fully functioning dual controls." Training will be conducted by DroneWorks we have the ability to provide dual controls utilizing two transmitters with a wireless link between the transmitters. One transmitter is designated the master transmitter and the other transmitter is designated as a slave. The PIC instructor, utilizing the master transmitter, will be at all times be able assume control of the sUAS.



### 14 CFR 91.119 Minimum safe altitudes: General The regulation states that over sparsely populat ed areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate cl oser than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre

- planned has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, a n emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the SUAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.



### 14 CFR 91.121 Altimeter S ettings The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL a nd will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout.


### 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 fly to the fir st point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAS are battery operated and the maximum duration of flight f rom a single battery charge is 12

- 45 (depending on which sUAS) minutes with a 20% reserve. Since the aircraft will never fly more than 1/2 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy re quirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". We also request exemption from the 30 min reserve and ask that our reserve will be to fly the mission to the point of i ntended landing and have at least a 20% battery reserve after that.



### 14 CFR 91.215 ATC transponder and altitude reporting equipment and use: This regulation states all aircraft operating within 30 nautical miles of class A, B and C airspace must be equipp ed with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations. Due to the small size and lifting capabilities of our UASs we cannot carry a traditional transponder. All of our operati ons will be less than 400 ’ if we are operating within the 30 NM reach of a mode C vail.

8

### 14 CFR subpart e (91.401

- 91.417)

- maintenance, preventive maintenance, alterations The regulation provides that the operator is primarily responsible for maintainin g the aircraft in an airworthy condition, including compliance 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. It is our int ention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service."

The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition, conduct ing Service Check s, t o be accomplished at an interval not to exceed 10 calendar days or 5 hours since the last Service Check

.

Unscheduled Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connect ions and updating software and firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size , construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.



## SUMMARY THAT CAN BE PUBLISH ED IN THE FEDERAL REGISTER For publication in the Federal Register, DroneWorks hereby prov ides pursuant to Part 11 a summary of its exemption application to allow commercial operation of the DJI Inspire1, DJI S1000

, DJI Phantom 3 Professional

, DJI Matrice in aerial data collection . An exemption is requested from the following regulations:

- 14 CFR 61.23(a) and ( c)

- 14 CFR 61.101(e)(4) and (5)

- 14 CFR 61.113(a)

- 14 CFR 61.315(a)

- 14 CFR 61.113(a) and (b)

- 14 CFR 91.7 (a)

- 14 CFR 91.109

- 14 CFR 91.119(c)

- 14 CFR 91.121

- 14 CFR 91.151(a)(1)

- 14 CFR 91.405(a)

- 14 CFR 91.407(a)(1)

- 14 CFR 91.409(a)(1) and (2)

- 14 CFR 91.417(a) and (b)

,



## DRONEWORKS OPERATIONS

Background
Droneworks Imaging, LLC , a registered limited liability company in the S tate of North Carolina, is a media/technology company owned and operated by Lee Hins h aw and Boris van Lier.

Mr. Hinshaw has over 30 years’ experience in the field of Information Technology with particular emphasis on digital media processing and management. As a seasoned entrepreneur, Mr. Hinshaw has

9owned and operated several businesses providing software development, digital photography, training and consulting. In addition, Mr. Hinshaw has accumulated over 100 hours flight time with multi rotor aircraft.

Mr. van Lier is a licensed FAA Airline Transport Pilot with over 10,000 hours in transport category aircraft. Mr. van Lier has held multiple 119 management positions (Chief Pilot, Director of Operations and Chief Operating Officer) in various US 14 CFR 121 airlines. Experienced with 14 CFR codes of regulations and the concepts of System Safety, Droneworks will rely on Mr. van Lier expertise to ensure Droneworks UASs will be operated safely

. In addition to Mr. van Lier’s extensive airline experience, he has over 20 years in Remote Controlled (“RC”) aircraft experi ence in fixed wing , multi rotor and rotary aircraft

.

Droneworks will have a closed

- loop, management system that provides a cycle of continuous, process improvement. This will be accomplished by using our own General Operations Manuals that is attached to the application.



## REQUEST FOR CONFID ENTIALITY We hereby respectfully request that all attached exhibits, manuals, and documents are not published into the F ederal R egister or made publicly viewable on www.regu la tions.gov

.
These documents contain proprietary information for use by DroneWorks Imaging , LLC, its employees and vendors. These documents should not be reproduced or published, except as necessary for DroneWorks ’ needs electronically, by photocopy, or other methods without the expressed written permission of a DroneWorks officer. We therefore respectfully request that all exhibits attached to this Petition not be published.

S incerely,

Mark T

. Atkins on General Couns el Drone Wo r ks Imaging, L LC 1416 West F irst S treet, Suite 200 Winston -S alem, N C 27101 Phone: 336 -6 31 -9 987 Email: mark@mtalaw.com

10