February 22, 2015

U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, 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 and 14 C.F.R. Part 11, Dron e Tech Aerial Cinematography (DTAC ) seeks an exemption from Federal Aviation Regulations (“FARs”) detailed below for the following described Remotely Piloted Aircraft Systems (RPAS) , which in cl udes the remotely piloted aircraft or rotorcraft

, ground base d equipment and operators . The requested exemption would support an application for a commercial Certificate of Authorization (COA) to use the following RPAS s to support the foll o w ing operations: Aerial Filming / Pho tography , Motion Picture and Television, Aerial Surveying and Real Estate Filming/ Photography

.
Regarding the Unmanned Aircraft System

a) Petitioners should describe how the proposed UAS operation will be safely conducted to minimize risk to the NAS or to persons and property on the ground. Specifically, petitioners should describe the design and operational characteristics for the type(s) of UAS they intend to operate, e.g. aircraft performance and performance limitations, operating procedures, and aircraft loading information in as much detail as possible. This could be provided in the petition or in an Aircraft Flight Manual or similar document.

DTAC uti lizes an array of multiple size rotorcraft to enable operators to utilize the smallest
aircraft possible for the job requirement , thus minimizing potential risk

. Please review the
follow ing document

, “ Aircraft Quick Reference Guide ”

, for a more detailed look at the various
aircraft to be operated. In addition man ufacturer supplied manuals have been provided along
with this submission

. Here is a brief explanation of the RPAS s in general:

The Remotely Piloted Aircraft Systems ( RPAS ) a) Rotorcraft r ange from a ful ly loaded weight of 3lbs to <55l bs

, are battery operated , rang e from having 4 motor to 8 motor rotorcraft

, has a vertical take off and landing capacity (VT OL)

, are manufactured by DJI and Gryphon Dynamics , Model s: DJI Phantom2, DJI Inspire1, DJI S900, Gryp hon Dynamics X8 and h ave been equiped by DTAC to carry the following equipment in flight: b) An on

- board flight management suite with GPS navigation and location ability that receives signals for flight controls from a groun d

- based transmitter/controller. Has the ability to enter into a “ failsafe ” mo de so that it may return to the launch area safely in the Drone Tech Aerial Cinematography

ATTN: Jaron Denson
34 135 Mulholland Hwy Malibu, CA 90265

PH: ( 310 ) 748

- 9978event of a loss of link. Loss of GPS enable s a failsafe tha t allows the rotor cr aft to do a

controlled landing at its current location. c) An on

- board camera capable of capturing imagery in the form of full color, high def inition still photos and video. d) An on

- board telemetry system that delivers flight data from the on

- board flight computer to the on

- boa rd radio transmitter , back to the Pilot In Command (PIC) including A ltitude ( AGL ) , horizontal and vertical speed, compass direction of flight and di rection back to the aircraft launch site. e) A 5 00mW, 5.8GHz ISM band on

- board radio transmitter that transmits live video from the on

- board camera plus all the flight data from the te lemetry system described above. a) A 2.4GHz ISM band radio receiver that receives commands from the PIC to control the RPAS while in flight.

Ground Based Equipment b) A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control the RPAS while in flight. c) A 5.8GHz video receive r that displays live video and flight data from the on

- board camera and fuses it all together onto a screen for the PIC to monitor during flight operations. Operators a) A Pilot in Command (PIC) in operational control of a flight operation from beginni ng to end and who controls and is responsible for the safe operation of the RPAS while in t he air and on the ground. PIC is also responsible for certifying the airworthiness of the RPAS and perfor ms maintenance when required. b) A Visual Observer (VO) is a trained person who provides a second pair of eyes to visually track and aid in see and avoid while RPAS is in flight. The Visual Observer is within verbal communication range of the PIC for the extent of the flight.

2. Petitioners should describe any procedures they would implement, such as pre

- flight inspections, maintenance, and repair, to ensure that the UAS is in a condition for safe flight. This could be provide d in the petition, an Aircraft Flight Manual, a Maintenance and Inspection Manual, or similar document.6 Rev. 9/25/2014 NOTE: The Aircraft Flight
Manual and Maintenance and Inspection Manual may be separate documents or combined in a single document

.

NOTE: Any Document That is Listed Under Drone Tech Aerial Cinematography (DTAC) Documentation is Considered Proprietary to DTAC ’ s Operation and in NOT f o r public
Release.

Please r ef er to the following documents sub mitted along with this petition :Drone Tech Aerial Cinema tography follows checklist oriented pro cedures for Pre

- Flight, Flight

,

Post Flight, Emergency Issues and Maintenance and Repair. All m aintenance and repairs are to be performed by a DTAC authoriz ed technician and all issues or discrepancies will be logged in the appropriate aircraft log book. A checklist style approach combined with appropriate documentation will ensure safe flight operations. These checklist and logbooks are always on site
and available to the PIC during every operation and are available upon request.

3. The petitioner should describe the Radio Frequency (RF) spectrum used for control of the UAS and associated equipment that is part of the UA S (i.e., sensors, cameras, etc.), and whether it complies with Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. NOTE: Petitioners should be able to provide the FCC approval letter or show compliance wit h FCC requirements upon request.

Please review, “ Aircraft Quick Reference Guide_DTAC_REV0_021815 .pdf ” . All aircraft utilize FCC compliant PIC command links and video links.

Regarding the Unmanned Aircraft PIC

4. Petitioners should describe the qualifications required of any PIC(s) who will be directly responsible for the operation of the UAS, including information such as: the level of airman certificate held; any applicable training related to the operation; a nd any minimum hours of

Drone Tech Aerial Cinematography Documentation
Item File Name Operations Checklist Operations Che c klist_DTAC_REV0_021415 .pdf Maintenance and Inspection

Manual Maintenance and Inspection Manual_DTAC_REV0_021615 .pdf

Aircraft Performance Data/Limitations/Loading Aircraft Quick Reference Guide_DTAC_REV0_021815 .pdf

Aircraft Logs Logs_DTAC_REV0_021415 .pdf

Manufacturer Documentation
Item File Name Phantom2 Operations Manual PHANTOM2_User_Manual_v1.4_en .pdf Inspire 1 Operations Manual Inspire_1_User_Manual_v1.0_en .pdf DJI S900 Operations Manual S900_User_Manual_v1.2_en .pdf Gryphon Dynamics X

- 8 Gryphon Dynamics

- X8 .pdf DJI A2 Flight Controller Operations

Manual A2_Quick_Start_Guide_v1.2_en .pdfflight experience required by the PIC(s), both total flight time and the time with the

particular UAS. If the operation would use visual observers, petitioners should describe their roles and qualifications.

5. 5. Petitioners should de scribe the medical standards and certification of the PIC(s) directly responsible for the operation of the UAS.

As previously stated by the FAA in prior exemptions, Drone Tech Aerial Cinematography will comply with the following : a) The PIC must possess at least a private pilot certificate and a third

- class airman medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which th e PIC is rated on his or her pilot
certificate. b) DTAC may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria (200 flight cycles and 25 hours of to tal time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS type, 5 hours in the make and model UAS authorized under this exemption), training program, and currency requirements (three take

- offs and three landings in t he preceding 90 days). The PIC must also demonstrate the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from

p ersons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 CFR § 61.51(b). The VO is also required to complete the operator’s training requirements. A record of training must be
documented and mad e available upon request by the Administrator. Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building), are permitted under the terms of this exemption. However, training operations may only be cond ucted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparti cipants in accordance with 14 CFR § 91.119

c) The R PAS will only be operated in the field with both a PIC and a V O in accordance with current FAA Policy.

Regarding the Operation of the Unmanned Aircraft

6. Petitioners should fully describe their intended UAS operation(s). Petitioners should describe how the proposed operation(s) would not adversely affect saf ety, or how they would provide a level of safety at least equivalent to that provided by the rule from which exemption is sought. Petitioners should address any plans to implement clearly defined operational borders and procedures to ensure public safety, which includes persons and property both in the air and onthe ground. This can be described in the petition, in an Operations Manual, or similar document.

NOTE: The FAA will closely examine the proposed operation(s) with respect to safety of flight,
NAS s afety considerations, and the safety of the non

- participating persons and property during the operational period and within the operational area.

a) DTAC ’ s intended operations will be limited to the following: Aerial Filming / Pho tography , Motion Picture and Television, Aerial Surveying and Real Estate Filming/ Photography

. Additionally, we request that we be allowed to support our local community and use our syst em s with prior consent to benefit first responders who might require assistanc e , including Fire Fighters, P olice, Sheriff

, Search and R escue ect. ., while remaining subject to all limitations cited in this application

. b) All DTAC ’ s Remotely Piloted A ircraft S ystem s are powered by batteries, are smaller, lighter , quieter and more maneuverable than larger manned aircr aft running on combustible fuel. DTAC ’ s airc raft operate at lower altitudes with no person n el on board and will thereby reduce current risk levels and thereby enhance safet y and diminish the likelihood of death or serious bodily injury. With relatively small payload as compared to its manned counterp arts and maximum flight time not exceeding 30minutes

, DTAC ’ s aircraft and procedures offer little to no risk to national security , the public and NAS

.
7. Petitioners should specify the proposed maximum operating speed and altitude, and describe minimum flight v isibility and distance from clouds for their intended operation(s). Petitioners should describe potential hazards and safety mitigations associated with these proposed conditions. These issues can be addressed in the petition, an Operations Manual, or simi lar
document.

Please review attached documents for the requested information: “ Operations
Che c klist_DTAC_REV0_021415 .pdf ” and “ Aircraft Quick Reference Guide_DTAC_REV0_021815 .pdf ” . Aircraft will not to be operated above 500 ft AGL.

8. Petitioners should describe the characteristics of the area of intended operation(s) and the associated potential hazards, in accordance with the statutory mandate under Section 333 7 Rev. 9/25/2014 regarding proximity to populated areas. These issues can be addressed in the petition, an Operations Manual, or similar document.

As stated before in similar cases approved by the FAA, Drone Tech Aerial C inematography will comply with the following:

a) The UA may not be operate d over congested or densely populated areas. Ultimately, it is the PIC’s responsibility to maintain the minimum safe altitudes required by § 91.119. b) Regarding distance from nonparticipating persons, the operator must ensure no persons are
allowed withi n the perimeter of 500 feet from the area of primary filming except those consenting to be involved and necessary for the filming production. This provision may be reduced to no less than 200 feet if it would not adversely affect safety and the Administrat or has approved it. For example, an equivalent level of safety may be determined by an aviationsafety inspector’s evaluation of the filming production area to note terrain features,

obstructions, buildings, safety barriers, etc. Such barriers may protect nonparticipating persons (observers, the public, news media, etc.) from debris in the event of an accident. This is also consistent with the same FAA Order 8900.1, V3, C8, S1. c) All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained prior to the beginning of every flight.

9. Petitioners should describe if they intend to operate in the proximity of any airports, in accordance with the statutory mandate under Section 333 regarding proxim ity to airports.

Drone Tech Aerial Cinematography will not ope rate within the proximity of 5 miles of an airport
unless the appropriate prior written authorization is given for such operations. DTAC will comply with pri or rulings from the FAA conditions and limitations :

a) The UA may not operate within 5 nautical miles of the geographic center of a non

towered airport as denoted on a current F AA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a Notice to Airmen (NOTAM) as required by the operator’s Air Traffic Organization (ATO) issued Certif icate of Waiver or Authorization (COA). The letter of agreement with the airport management must be made available to the Administrator upon request.

10. The UAS must be operated within visual line

- of

- sight (VLOS), in accordance with the statutory mandate under Section 333(b)(1). Petitioners should describe how they intend to comply with his mandate.

Drone Tech Aerial Cinematography will only operate its rotorcraft within unaided VLOS of the PIC and the designated Visual Observe r (VO)

. PIC and VO will be within verbal communication range. O n l y one VO is allowed to work with the PIC during a flight.

11. Petitioners should describe any procedures they would implement for conducting a preflight safety risk assessment to determine that the UAS is in a condition for safe flight (14 CFR § 91.7(b)) and that the planned operation can be completed safely. These procedures can be
addressed in th e petition, an Aircraft Flight Manual, Operations Manual, or similar document.

Please see the following submitted documents, “ Operations
Che c klist_DTAC_REV0_021415 .pdf ”

, “ Maintenance and Inspection Manual_DTAC_REV0_021615 ”

. Additionally PIC and owner of Drone Te ch Aerial Cinematography (Jaron J Denson ) has 5 years of experience engineering, repairing, manufacturing and flyi ng RPAS s for a US DOD contractor , holds a M.S. Mechanical Engineering, B.S. Physics and is qualified to repai r and certify aircraft for safe fligh t in the NAS.12. If petitioners intend to conduct operations which have existing requirements to notify Flight

Standards District Offices (FSDOs) prior to operations

– such as motion picture and television filming, or pipeline and powerline patrol

– petitioners should describe their intended coordination in this regard for their proposed operation(s).

As previously stated by the FAA in similar cases, Drone Tech Aerial Cinematography will comply with the following FAA conditions and limitatinos :

At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local FSDO with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of
activities must include at least the following:

a. Dates and times for all flights;
b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; 23

c. Name and phone number of the person responsible for the on

- scene operation of
the U AS;
d. Make, model, and serial or N

- Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;
f. A statement that the operator has obtained permission from property owners
and/or local officials to conduct the fil ming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and
h. A description of the flight activity, including maps or diagrams of any area, city

, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

Dr one Tech Aerial Cinematography herby requests an exemption from the following FAR’s :

Section 61.113(a) and (b) prescr ibes that

—
(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b ) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business 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 co mpensation or hire.Drone Tech Aerial Cinematography ’ s PIC will hold a Private Pilots Certificate and third class

medical certificate to co nduct commercia l operations. In the case of RPASs the FAA has ruled in the past that a private pilot s certificate will suffice as an equivalent level of saftey for commercial op erations of a remotely piloted aircraft.

Section 91.7(a) p rescribes that

– N o person may operate a civil aircraft unless it is in an airworthy condition.

Drone Tech Aerial Cinematography has produced and presented its own documentation in conjunction with manufacturer documentation to ensure that the associated rotorcraft are operating in an airworthy condition. Airworthiness will be declared by the PIC any discrepancy or issues that arise will be documented in the aircraft repair logs and repaired by a DTAC auth orized technician or OEM manufacturer depending on complexity of repair.

Section 91.119(c) prescribes that

– E xcept when necessary for takeoff or landing, no person may operate an a ircraft below the following altitudes: (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person , vessel, vehicle, or structure.

Drone Tech Aerial Cinematography desi res to operate below 500ft AGL in order to complete low level aerial missions and remain out of airspace potenti ally occupied by manned aircraft. DTAC will operate under our own safety protocols which include: a) Operating in a controlled environment where risk will be mitigated by being aware of surrounding obstacles , airport s and actively populated areas by reviewing VFR charts and directing any questions or concer ns to the appropriate FSDO

. b) Performing safety briefs with all participating personnel. c) Posting signs or personnel to keep public away from flight operations. d) Performing modificat ions as necessary to any of our documentation , protocols or checklist to update or enhance safety protocols. e) Contact appropriate airports or FSDO as appropriate if t he operation s are within 5 miles of an airport and advise them of our operations and get prior written consent where applicable to our operations.

Section 91.121 requires, in pertinent part, 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 se tting available before departure.‖

Drone Tech Aerial Cinematography ’ s PIC has live aircraft position data through the RPAS ’ s command link, GPS based altitude data is available to the PIC at all times. There is no provision on the aircraft for a traditional altimeter

. The AGL reading of the altitude should provide an equivalent level of saf

e t y in keep the aircraft within intended airspace.

Section 91.151 prescribes, in pertinent part, that

–(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 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. (b) No person may begin a flight in a rotorcraft 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 speed, to fly after that for at least 20 minutes. Drone Tech Aerial Cinematography will com ply with the following to achieve an equivalent level of saftey: a) Operate rotorcraft during official daylight hours and not operated within 500 feet below or 2000ft horizontally from a cloud or when visibility is less than three miles for the PIC. b) Takeoff only when there is enough power to fly the first point of intended landing and assuming normal cruise speeds, land the RPAS with 25% battery power remaining.

Section 91.405(a) requires, in pertinent part, th at an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in p art 43 of the chapter. Section 91.407(a)(1) prescribes that no person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 months, it has had an inspection for the issuance of an airworthiness certificate in accordance with pa rt 21 of this chapter. Section 91.417(a) and (b) prescribes, in pertinent part, that

— (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preven tive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The r ecords must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and ’ (ii) The date of completion of the work performed; and (iii) The signature and certificate number of the person approving the aircraft for
return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each

rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller,
rotor, a nd appliance. (iii) The time since last overhaul of all items installed on the aircraft that are required to be overhauled on a specified time basis.(iv)The current inspection status of the aircraft, including the time since the last inspection required b y the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number a nd revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi)Copies of the forms prescribed by § 43.9(d) for each major alteration to the airframe and currently installed engines, rotor s, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work o r for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 shall be retained until the defects are repaired and the aircraft is approved for return to service.

D rone Tech Aerial Cinematography has submitted documentation and procedures that outlines the process for required inspections and aircraft maintenance logs to account for the repair of aircraft issues and discrepancies

.
Additionally Drone Tech A erial is aware that the FAA has submitted conditions and limitations on similar exemption request and DTAC is able and willing to fully comply with those same conditions and lim itations with our own airc raft and their corresponding limitations.

Drone Tech Aerial Cinematography is willing to modify or amend any part of this request to satisfy the need for an equivalent level of safety. Please contact us at any time if you require additional information or clarification. We look forwa rd to working with your office.

Sincerely,

Jaron J Denson Drone Tech Aerial Cinematography 310

- 748

- 9978