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Drone Aviation Corporation

October 14, 2015

U.S. Department of Transportation,

Docket Operations West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from 14 C.F.R. 61.23(a)&(c);14 CFR 61.101(e)(4)&(5);

61.113 (a); 61.315(a); 91.7 (a); 91.119(c); 91.121; 91.151(a)(1); 91.405 (a);

91.407(a)(1); 91.409 (a) (1)&(2);91.417 (a) & (b).

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, Drone Aviation Corporation, developer and

operator of tether-powered Small Unmanned Aircraft Systems ("sUAS") equipped to

conduct General Aerial Survey hereby applies for an exemption from the listed

Federal Aviation Regulations ("FARs") to allow commercial operation of its sUAS, 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 333.1

As described in detail below, the requested exemption would permit the

operation of small, tether-powered, 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 greatly enhanced safety advancements to hazardous

inspection and surveying work currently performed manually by trained personnel. This 

application is based on the Exemption No. 12645 granted to Allied Drones under 

Regulatory Docket No. FAA-2014-0804. Approval of this exemption would thereby

enhance safety and eliminate workplace accidents and deaths for certain industrial

tasks which would fulfill the Secretary of Transportation's (the FAA Administrator's)

responsibilities to "...establish requirements for the safe operation of such aircraft

systems in the national airspace system." Section 333(c) of the Reform Act.

The name and address of the Applicant is:

Drone Aviation Corporation

Attn: Kevin Hess, CEO

Ph: 904-834-4400

Email:khess@droneaviationcorp.com

Address: 11651 Central Parkway, Suite 118, Jacksonville, FL 32224
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Regulations from which the exemption is requested:

14 CFR 61.23 (a)&(c)

14 CFR 61.101(e)(4)&(5)

14 CFR 61.113 (a)

14 CFR 61.315(a)

14 CFR 91.7 (a)

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a)(1) & (2)

14 CFR 91.417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in

passing Section 333(a) through (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 the Reform Act. In making this determination, the

Secretary is required to determine which types of UAS 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 and populated areas; and

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

Reform Act § 333 (a). Lastly, if the Secretary determines 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) (emphasis added) 1

.

The Federal Aviation Act expressly 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, that includes sUAS, from the

requirement that all civil aircraft must have a current airworthiness certificate.

1 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 sUAS, if it should be determined that

the conditions set forth herein do not fulfill the statutory requirements for approval.
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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).

Drone Aviation Corporation’s sUASs are rotorcraft, weighing 55 or fewer lbs. including

payload. One of the defining technical characteristics of the sUAS is that all of the electric

power required to operate the rotors and electronics subsystems is transmitted to the

sUAS via a tether cable. They operate, under normal conditions at a speed of no more

than 5 knots and have the capability to hover, and move in the vertical and horizontal

plane simultaneously. Because the length of the tether is relatively short and limited, the

sUAS can only operate in line of sight and will operate only within the sterile area

described in the Confidential Drone Aviation Corporation WATT-200 Operations Manual,

attached as Exhibit 1 (hereinafter "the Manual")2

. Such operations will insure that the sUAS

will "not create a hazard to users of the national airspace system or the public."3

Given the small size of the sUAS involved and the restricted tether-limited sphere 

within which they can fly to protect nonparticipants, 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 of sUAS to commence immediately.

Also due to the size of the sUAS and the restricted areas in which the relevant sUASs 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 personal safety, more

frequent infrastructure inspections leading to enhanced industrial maintenance and safety,

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.

2 Applicant submits this Manual as a Confidential document under 14 CFR 11.35 (b) as

the entire manual contains proprietary information that the Applicant has not and will not

share with others. The Manual contains operating conditions and procedures that are not

available to the public and are protected from release under the Freedom of Information

Act 5 USC 552 et.seq.

3 Reform Act Section 333 (b).
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AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The Applicant proposes that the exemption requested herein apply to civil aircraft that

have the characteristics and that operate with the limitations listed herein. These

limitations provide for at least an equivalent or even higher level of safety to operations

under the current regulatory structure because the proposed operations represent a

safety enhancement to personal safety for certain types of general aerial survey.

These limitations and conditions to which Drone Aviation Corporation agrees to be

bound when conducting commercial operations under an FAA issued exemption

include:

1. The sUAS will weigh approximately 18 lbs in most flight and payload

configurations, but no more than 55 lbs.

2. Flights will be operated within line of sight of the operator technician.

3. Flights will be operated at a typical altitude 60-250 feet, but no more than

400 feet AGL.

4. The sUAS will only operate within a confined "safety perimeter" as defined in

the Manual. Safety cones and/or tape will define the safety perimeter when

operating in areas that could pose a hazard to the general public.

5. A briefing will be conducted in regard to 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 safety perimeter be

present for this briefing.

6. Operator technician will have been trained in operation of sUAS and received 

up-to-date information on the particular sUAS to be operated as required by

the Manual.

7. Operator technician and other workers within the safety perimeter will at all

times be able to communicate by voice or hand signals.

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

obtained.

9. 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 for the work being done on site.

10. If the sUAS loses communications or loses its GPS signal, the sUAS will land

within the Security Perimeter and land.

11. The sUAS will have the capability to abort a flight in case of unpredicted

obstacles or emergencies.
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TECHNICAL/OPERATIONAL LIMITATIONS AND PUBLIC SAFETY

The sUAS developed and operated by the Applicant are designed for general aerial 

survey. One of defining characteristics of this sUAS platform is its power-tether subsystem.

All electric power required for flight is transmitted to the sUAS through an electrical tether

cable. With the power tether the sUAS is capable of nearly unlimited flight endurance, but

only within a sphere defined by the length of the tether. Without the tether, the system is

incapable of flight.

Similar to moored balloons, the tether in this sUAS provides a means to limit the range of

the aircraft under normal operating conditions. However, unlike moored balloons or sUAS

featuring unpowered tethers which would continue to fly free if the tether cable were severed,

the sUAS operated by Drone Aviation Corporation would have no potential to "fly away". 

The physical length of the tether defines the absolute limits of the range of the sUAS. Any

persons or property outside this range would be safe in the unlikely event of a failure of one of

the critical sUAS subsystems. Additionally, the tether is wrapped in a high strength Kevlar over 

braid, and therefore significantly reduces the risk of the tether becoming cut or damaged. In the 

event of a power failure over the tether, the sUAS is equipped with an on-board stand-by battery 

which automatically engages and lands the vehicle safely when ground power is lost. In this

way the tether-powered sUAS has more in common with cranes, manlifts, and camera masts

than it does with traditional untethered sUAS.

The safety procedures described in the Manual, combined with the limitations and

conditions outlined above would provide a sufficient level of public safety for the operation in

the NAS. Manlifts, scaffolding, antennas, masts, and other tall industrial equipment all

receive special training for the safe operation of their equipment. The tethered sUAS in

operation is very similar to these types of industrial equipment. It is the intent of the

Applicant to operate the sUAS in much the same manner as a crane or manlift and

therefore this type of power-tethered sUAS is fundamentally different in operation and type of

risk than untethered sUAS.

The equivalent level of safety will be maintained by equipment-specific training and 

knowledge for the tethered sUAS as outlined in the Manual.

14 C.F.R. §61.23 (a) & (c): Medical Certificates: Requirement and Duration

Sections 61.23 (a) & (c) describe the requirements for medical certificates for commercial 

operations and the requirements for when a driver’s license may be used in substitute for a medical 

certificate. Because the sUAS will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the PIC, that is operating the 

sUAS, to have a pilot certificate, inclusive of airline transport, commercial, private, recreational, or 

sport pilot. Because of this broad range of certificates, an exemption is needed for 61.23 to allow the 

PIC to operate a commercial sUAS with only a valid driver’s license. Unlike a conventional aircraft 

that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. 

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 exceeds the present level of safety achieved.
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14 C.F.R. §61.101 (e) (4) & (5): Recreational Pilot Privileges and Limitations

Sections 61.101 (e) (4) & (5) limit recreational pilots to non-commercial operations. Because the 

sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level 

of safety of current operations by requiring the PIC operating the sUAS to have a recreational pilot’s 

license rather than a commercial pilot’s license to operate this small sUAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on 

board. 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 exceeds the present level of safety.

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. If an

exemption is denied for section 91.3(a) and (b) mentioned above, then because the sUAS will

not carry a pilot or passengers, the proposed operations can achieve the equivalent level of

safety of current operations by requiring the PIC operating the aircraft to have a private pilot's

license rather than a commercial pilot's license to operate this sUAS. 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 as set forth in the Manual. The level of safety provided by the

requirements included in the Manual exceeds 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 as the PIC exceeds the present level of safety achieved by 14

G.F.R. §61.113 (a) & (b).

14 C.F.R. §61.315 (a) & (c): Sport Pilot Privileges and Limitations

Sections 61.315 (a) & (c) limit sport pilots to non-commercial operations. Because the sUAS will 

not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of 

current operations by requiring the PIC operating the aircraft to have at least a sport pilot’s license 

rather than a commercial pilot’s license to operate this small sUAS. Unlike a conventional aircraft 

that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. 

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 sport pilot as the PIC exceeds the present level of 

safety.

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 determining airworthiness.

Given the size of the aircraft and the requirements contained in the Manual for maintenance

and use of safety check lists prior to each flight, an equivalent level of safety will be provided.
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14 C.F.R. §91.119: Minimum safe altitudes

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 with 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 from 0 AGL up to 400 AGL. An

exemption may be needed to allow such operations. As set forth herein, the sUAS will

never operate at higher than 400 AGL. It will however be operated in restricted areas with a

safety perimeter, where the general public will not be exposed to operations.

The equivalent level of safety will be achieved given the size, weight, speed of the 

sUAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner. Because of the advance notice to the property owner and 

participants in the inspection activity, all affected individuals will be aware of the planned flight 

operations as set forth in the Manual. 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 below 500 AGL in surveying and inspection work. In addition,

the low-altitude operations of the sUAS will ensure separation between these small-UAS

operations and the operations of conventional aircraft that must comply with Section 91.119.

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 only have a digital barometric

sensor and/or a GPS altitude read out, an exemption may be needed.

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

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 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."

The tether-powered subsystem of the sUAS provides virtually unlimited flight endurance, the

only limitation being the endurance of the ground power source. Given the limitations on the

sUAS proposed flight area and the location of its proposed operations within a predetermined area,

a 30 minute fuel reserve for flight in daylight or night VFR conditions is reasonable.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a)(1)&(2); 417(a) & (b): Maintenance Inspections

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 aircraft in compliance with Part 43.

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

these sections will not apply to the Applicant. Maintenance will be accomplished by the operator

pursuant to the the Manual. An equivalent level of safety will be achieved because these small

sUAS 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 sUAS can land immediately and will be
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operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure

that the sUAS is in working order prior to initiating flight, perform required basic maintenance, and

keep a log of any maintenance performed. Moreover, the operator is the person most familiar

with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the

equivalent level of safety.

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 sUAS in the infrastructure

inspection survey industry pursuant to the Manual appended hereto.

Sincerely,

Kevin Hess, CEO

Drone Aviation Corporation