# FAA sUAS Exemption Request

d imensiondrones.com

Jan u a ry 2 5 ,	2016 1 January 25

, 2016

U.S. Department of Transportation

Docket Management Systems 1200 New Jersey Ave., SE Washington, DE 20590

Re: Exemption Request Section 333 of the FAA Reform Act

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, Dimension Drones , LLC, operator of Small Unman ned Aircraft Systems (“sUAS ”)

, equipped to conduct aerial photogrammetry to perform asset audits and safety inspections for wireless

carriers a nd utility towers

, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUAS, so long a s such operations are conducted within and

under the conditions outline d herein or as may be established by the FAA as required by S e ction 333.

As described more fully below, the requested exemption would permit the operation of small,

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety e nhancements to the already safe

telecommunications / infrastructure industries . Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the n ational airspace system.” Sec t ion 333(c) of the Reform Act.

T he names and address of the applicant is:

Dimension Drones , LLC

Attn: Richard Charney

Ph: 412.841.2702

Email : richard @ dimensiondrones.com

Address: 5792 Walterway Dr. Hilliard OH, 43026

# FAA sUAS Exemption Request

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Jan u a ry 2 5 ,	2016 2 • The conditions propos ed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3, Chapter 8

- Issue a Certificate of Waiver for Motion P icture and Television Filming.

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a)

th rough (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of th e 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 the following:

• The UAS’s size, weight, speed , and operational capability;

• Operation of the UAS in close proximity to Airports, Power Plants, Fuel Depots and populated
areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, if the Secretary determ ines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c)

.

The Federal Aviation Act expre ssly 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, which includes sUAS, from the requirement that all civil aircraft must have a cu r rent airworthiness

certificate.

• Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UA S, if it should be determined that the conditions set forth herein do note

fulfill the statutory requirement for approval.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49. U.S.C. §44701(f) . See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

Dimension Drones LLC’s sUAS are multi rotor craft, weighting 55 or fewer lbs. including payload. They operate, under normal conditions

, at a speed of no more than 50 mph and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight and will operat e only within the sterile area described in the Dimension Drones General Operating Manual, (hereinafter “GO M”). Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public. ”

Given the small size of the sUAS involved and the restricted sterile environment within which they

will o perate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations o f UASs to commence immediately.

D ue to the size of the UASs and the restricted areas in which the relevant s UAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced

# FAA sUAS Exemption Request

d imensiondrones.com

Jan u a ry 2 5 ,	2016 3 safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs

for photogrammetry of wireless and utility assets , the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes tha t the exemption requested apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations and conditions to

which Dimension Drones , LLC agrees to be bound when conducting commercial operations under a n FAA issued exemption include:

1. The s UAS will weigh less than 55 lbs

. 2. Flights w ill be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 30

- minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and Camera Rig Operator

. 6. sUAS pilot will op erate under the guidance and oversight of an FAA licensed airman with at least a private pilot’s certificate and third class medical.

7. sUAS Pilot will be the Pilot in Command (PIC). If a pilot certificate holder other than the sUAS Pilot, who possess the nec essary PIC qualifications, is also present on set (i.e. the Aerial Coordinator), that person can also be designated as PIC.

8. The UAS will only operate within a confined “Area of Operation” as defined in the GOM.

9. A briefing will be conducted in regard t o the planned sUAS operations prior to each day’s inspection activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the area of operations be present for this briefing.

10. The operator will file a FAA Fo rm 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate Flight Standards District Office (FSDO.)

11. The operator will obtain the consent of all persons involved in the inspection and ensure that only consenting p ersons will be allowed within 100 feet of the flight operation

. With the advanced permission of the relevant FSDO, operations at closer range can b e approved.

12. The operator will submit a written Plan of Activities to the FSDO th ree days before the proposed inspection as required in the GOM.

13. All Dimension Drones crew will have been trained in operation of UAS generally and received up

to

- date informat ion on the particular UAS to be operated as required in the GOM.

14. Observer and pilot will at all times be able to communicate by voice.

15. Written and/or oral permission from the relevant property holders will be obtained.

16. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

17. If the sUAS loses communications or loses its GPS signal, the UAS will have capabilit y to return to a pre

- determined location within the Security Perimeter and land.

18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

The Dimension Drones GOM is a comprehensive outline of all fligh t operations and procedures, including proprietary technology procedures, that Dimension Drones , LLC does not wish to disclose to the general

# FAA sUAS Exemption Request

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Jan u a ry 2 5 ,	2016 4 public. A sample Aircraft Opera ting Manual is provided and covers the FreeFly ALTA aircraft

. Other AOM's are in similar format and available upon request.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §9 1.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both to authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports, power plants, fuel depots and populated areas of the particul ar UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (f ixed wing or rotorcraft) opera ting with and airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materia ls or flammable liquid fuels, and operates exclusively within a secured area as set out in the General Operating Manual. Unlike other civil aircraft, operations under this exemption will be tight ly controlled and monitored by all the operator s , pursuant to the Manual’s requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional photogrammetry . The FAA will have advance notice of all operations. Thes e safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthines s certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of ex plosive materials or flammable liquid fuels, and inability to carry a

substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displayed on
limited, restri cted or light

- - - sport category aircraft or experimental or provisionally certificated aircraft, 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 in ches high, the words "limited," "restricted," "light

- - - sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAV, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).

# FAA sUAS Exemption Request

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Jan u a ry 2 5 ,	2016 5 The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the

identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulatio n to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pi lot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to operate under the supervision of a private pilot’s license holder rather than a commercial pilot’s li cense holder. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance a s set forth in the GOM. The level of safety provided by the requirements included in the GOM exceed that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot in a supervisory role aiding the PIC exceeds the present le vel of safety

achieved b y 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for dete rmining airworthiness. Given the size of the aircraft and the requirements contained in the GOM for maintenance and use of safety check lists prior to each flight, an equivalent le vel of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides:

No person may operate a U.S. registered civil aircraft ...

For 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, and placards, or any combination thereof.

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry

such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight m anual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight A ction

.

# FAA sUAS Exemption Request

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Jan u a ry 2 5 ,	2016 6 This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption wil l be needed. An equivalent level of safety will be provided as set forth in the Aircraft Operating Manual (AOM) for each UAS. The PIC will take all actions as described in the GOM and AOM.

14 C.F .R. §91.109: Flight I nstruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fu lly functioning dual controls.

sUAS and remotely piloted aircraft, by their design do not have fully functional dua l controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual

controls for a number of aircraft an d for flight instruction in experimental aircraft. S ee Exemption

Nos .5778K & 9862A. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R . §91.119: Minimum S afe A ltitudes

.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies wi th any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 ft Above Ground Level (AGL ) or not more than 200 above an elevated pl atform from which t he inspection is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the General Operating Manual, the UAS will never operate at higher than 400 AGL.

The equivalent level of safety will be achieved given the size, weight , speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the su r veying activity, all affe cted individuals will be aware of the planned flight operations as set forth in the GOM. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or bel ow 500 AGL

.

14 C.F.R. §91.121 Altimeter Settings

.

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “ ...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the General Operating Manual and Safety Check list, confirming the altitude of the

launch site shown on the GPS alt itude indicator before flight.

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

.

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first

# FAA sUAS Exemption Request

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Jan u a ry 2 5 ,	2016 7 point of intended landing, and, assuming normal cr uising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

Dimension Drones requests relief from Section 91.151 due to the battery life that powers the sUAS. Typical aerial batterie s provide approximately 40 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. In relief of the 30

- minute reserve, given the limitations on the UAS ’s proposed area of predetermined operation, a longer time frame f or flight might be reasonable. As per the General Operating Manual, flight times will never exceed 75% of the battery(s) consumption or 25% reserve; whichever happens first.

The A pplicant belie ves that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area whe re only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted.

The Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30

minutes or 25% o f re serve battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemption s 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

,

The regula tion provides in pertinent part:

Except as provided in § 91.715, no person may operate a civil aircraft unless it has within i t the

fol lowing:

1. An appropriate and curr ent airworthiness certificate.

2. No person may operate a civil aircraft unless the airworthi ness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is disp layed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weights no more than 55lbs a nd is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents o r to display them o n the

sUAS. Each sUAS operated b y Dimension Drones will be registered with the FAA and all documentation carried by the PIC.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and

10700.

14 C.F.R. §91.405 (a); 4 07 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

.

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Jan u a ry 2 5 ,	2016 8 

# FAA sUAS Exemption Request

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircra ft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these

s ections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the guidelines set forth in the Maintenance manuals designed for each UAS. An equivalent level of safety

will be ac hieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the GOM, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most

familiar with the a ircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

********* Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determin e d that publication is needed:

Applicant seeks an exem ption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F. R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unma nned vehicle (55lbs or less )

to s urvey wireless and utility towers or assets.

Approval of exemptions allowing commercial operations of sUAS in the wireless and utility

industries will enhance safety by reducing risk. Conventional s urvey operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the asset being filmed and in extreme proximity to people and structur es; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters, e.g.). In contrast, a

s UAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the

reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the inspection s ite and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the

risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

Privacy

All flights will occur ov er private or controlled access property with the property owner’s prior

c onsent a nd knowledge. T y pically, t he tower being inspected s its on ground space that is e ither owned by

the infrastructure com pany itself o r leased to the infrastructure c ompany v ia a thir d party. If the l adder

# FAA sUAS Exemption Request

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Janua ry 25 ,	2016 9 is true

, consent from both the lessor and the infrastructure company will be acquired before performing

the aerial inspection.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012
– size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security
– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS pursuant to the Manual appended hereto.

Thank you,

Richard A. Charney
Dimension Drones, L LC

CEO & Founder

412.841.2702