1 | Page – DAI Exemption Request

August 11, 2015

August 11, 2015

Gene W Wood Jr

Delaware Aerial Images

118 Green Meadow 

Circle

Townsend, De 19734 

Petition of Delaware Aerial Images

For Exemption Pursuant to Section 333

Of the FAA Modernization and Reform Act of 2012

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR 

Part 11, Delaware Aerial Images (DAI), hereby applies for an exemption from

Federal Aviation Regulations (FARs) identified below, to allow commercial operations of small 

unmanned aerial system (i.e., UAS).

This exemption is in accordance with protocols outlined in this petition for exemption, and any

other requirements established by the FAA pursuant to Section 333 of the Reform Act.

This exemption would permit commercial operation by DAI, which uses DJI Phantoms 3 

Professional conduct UAS flight training, education, real estate photography,

videography, film and wedding production, and demonstration flights. DAI’s operation 

under the exemption will be subject to strict operatingrequirements and conditions to 

ensure an equivalent level of safety to currently authorized operationsusing manned 

aircraft and under conditions as may be modified by the FAA as required by Section 333.

DAI will be operated under controlled VFR conditions at low altitude in airspace thatis

permitted in accordance with DAI’s approved Certificate of Authorization (COA). Theywill 

operate the UAS’s with pilots who have comprehensive UAV / UAS / Drone flight training for 

competency and new FAA 333 and Part 107 commercial compliance requirements. Finally, the 

FAA ATC will approve the airspace in which the UAS will operate in advance.

Delaware Aerial Images respectfully submits this request for an exemption because it operates 

UAS's. The FAA can have confidence that the operations will be conducted at an equivalent 

level or greater level of safety. Approval of this exemption would thereby enhance safety and 

fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities
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under Section 333(c) of the Reform Act to “establish requirements for the safe operation of 

such aircraft systems in the national airspacesystem.”

For your convenience, DAI has organized this Exemption request asfollows:

I. Petitioner's Description

II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations

V. Regulations From Which Exemption is Requested

VI. Public Interest

VII. Privacy

VIII. Federal Registry Summary

IX. Conclusion

I. Petitioner's Description:

Delaware Aerial Images, headquartered in Townsend, Delaware, is a company that provides 

UAS support to real estate photography, film and movie production, education, and 

demonstration flights in a compliant and safe environment. DAI planson providing a wide 

range of services as the UAS market expands.

DAI's goal is to operate in an accident-free environmentby:

• Demonstrating a commitment by management and all employee’s to operator in a 

compliant manner.

• Identify hazard and risk while eliminating or controlling all these risk.

• They will use steps to intervene and report when unsafe work practices appear to exist.

• Train all employees involved in flight operations to operate at the highest standard 

level.

The contact information for Petitioner is as follows: 

Delaware Aerial Images

118 Green Meadow 

Circle

Townsend, Delaware 

19734

Member Managers: 

Gene W Wood Jr

Office: (302) 602-1816

Email:Delawareaerialimages@gmail.com

II. Relevant Statutory Authority:

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a)

through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the
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integration of civil unmanned aircraft systems into the national airspace system." Pursuant to

Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned
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August 11, 2015

aircraft systems may operate safely in the National Airspace ("NAS") before completion ofthe 

formal UAS rulemaking, based on the following considerations:

• 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 the visual line of sight of the operator.1

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".

Additionally, the FAA Administrator has general authority to grant exemptions from its safety

regulations and minimum standards when the Administrator decides a requested exemption is 

in the public interest. A party requesting an exemption must explain the reasons why the

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety 

(or how it would provide a level of safety at least equal to the existing rules).

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, from the requirement that all civil aircraft must have a current airworthiness 

certificate and those regulations requiring commercial pilots to operate aircraft in commercial 

service:

The Administrator may grant an exemption from arequirement

of a regulation prescribed under subsection (a) or (b) of this 

section or any of sections.

III. Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under

Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are 

satisfied.

The proposed operations would permit DAI the use of small UAS under controlled conditions in 

airspace that is: (1) predetermined; (2) controlled as to access; and that (3) provides an

increased level of safety beyond that existing when fixed or rotor wing aircraft are used to

accomplish the same purpose.

DAI uses UASs that are multirotor, weighing less than 25 pounds including payload. They

operate, under normal conditions, at speeds not to exceed 45 mph and have the capability to

hover, and move in the vertical and horizontal plane. DAI’s UASs will operate in line of sight, 

during daylight hours, and will only operate within a sterile area. DAI will operate at or below 

400 feet AGL and will file a NOTAM for each flight operated in controlled airspace. All required

1 DAI’s submission places a duty on the Administrator to not only process applications for exemptions under Section 333, but

for the Administrator, if he deems the conditions proposed herein require modification in order to allow approval, tosupply 

conditions for the safe operation of the sUAS. DAI welcomes the opportunity to consult with FAA staff in order to address any 

issues or concerns that this proposal may raise that they believe may require modification.
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August 11, 2015

permissions and permits would be obtained from territorial, state, county or city jurisdictions,

including local law enforcement, fire, or other appropriate governmental agencies prior to 

operating a UAS.

Given the small size of the UAS’s involved and the restricted sterile environment within which

they will operate, this DAI’s exemption falls within the zone of safety and demonstrate an

equivalent level of safety, in which Congress desired the FAA to permit commercial UAS 

operations by exemption pending completion of formal rulemaking. Also, due to the size of the 

UAS’s and the confined area in which the UAS’s will operate, approval of the application 

presents no hazard in the NAS.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, the grant of the requested exemptions is also in 

the public interest.

IV. Description of Proposed Operations

To assist the FAA in its safety assessment of DAI's proposed UAS operations, below isa 

summary of operational limitations and conditions that will ensure an equivalent or higherlevel 

of safety to operations conducted under current regulatory guidelines:

1. The UAS will weigh less than 25 pounds.

2. Flights will be operated within line of sight of the PIC and observer.

3. Maximum total flight time for each operational flight will be limited to the amount of 

time the UAS can be flown and still maintain a reserve battery power of no less than 

25%.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Flights will be operated at a lateral distance of least 100 feet from any inhabited

structures, buildings, vehicles, vessels, people not associated with the operation orwho 

have not signed a waiver in advance of the operation.

6. Minimum crew for each operation will consist of the UAS Pilot in Command and a 

Visual Observer. Additional crewmembers consist of a Pilot and a Camera Operator.

7. The UAS Pilot in Command will have undergone comprehensive UAV / UAS / Drone 

flight training for competency and new FAA 333 and Part 107 commercial compliance 

requirements.

8. DAI will designate a Pilot in Command ("PIC") for each mission.

9. The UAS will operate only within a confined "Sterile Area".

10. Prior to the operations at a particular location, a site inspection will have been

conducted. On the day of the mission the management person with operational control 

and the PIC will concur on dispatching of the mission.

11. A briefing will be conducted in regard to the planned UAS operations prior to each

day's missions. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the sterile area be present for this briefing.

12. DAI crew will use the checklist and callouts required in the Operations Manual.
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August 11, 2015

13. All UAS’s will be maintained in accordance with inspection program specified in the 

manufacturer’s guidelines.

14. In the event of an accident involving an DAI UAS, they will cease operations and report 

the accident to the NTSB and AFS-80.

15. Pilot in Command and Visual Observer will at all times be able to communicate by voice.

16. Pilot in Command, Pilot, Camera Operator, Visual Observer, and Operational Personnel

will have been trained and tested in accordance to FAA, NTSB, and AFS-80 best 

practices.

17. All required permissions and permits would be obtained from territorial, state, county

or city jurisdictions, including local law enforcement, fire or other appropriate

governmental agencies.

18. DAI management will submit a written “Plan of Activities” to the local Flight Standards

District Office (FSDO) having jurisdiction over the area of proposed filming three days in 

advanced of operations during film or movie productions.

19. If the UAS loses communications signal, the UAS will have the capability to return to a 

pre-determined location within the Sterile Area and land.

20. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the pilot and the observer.

21. The UAS has the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

22. DAI, by following FAA, NTSB, and AFS-80 best practices, will assure noindividuals’ 

privacy is violated.

23. Procedures have been established in DAI’s Operations Manual to contact ATC priorto 

operating in airspace other than G.

V. Regulations From Which Exemption is Requested

A. 14 CFR § 91.103: Preflight Action

B. 14 CFR § 91.113: Right-of-Way Rules

C. 14 CFR § 91.119 (c): Minimum Safe Altitudes

D. 14 CFR § 91.121: Altimeter Settings

E. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions

F. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b):

Maintenance Inspections

A. 14 CFR § 91.103: Preflight Action

DAI requests an exemption from the preflight actions requirements of 14 CFR 91.113 that 

prescribes the preflight actions under which aircraft may operate:

Each pilot in command shall, before beginning a flight, become familiar with all available 

information concerning that flight.

a. Flight under IFR or a flight not in the vicinity of an airport, weather

reports and forecasts, fuel requirements, alternatives available if the
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August 11, 2015

planned flight cannot be completed, and any known traffic delays of 

which the pilot in command has been advised by ATC;

b. For any flight, runway lengths at airports of intended use, and the 

following takeoff and landing distance information:

i. For civil aircraft for which an approved Airplane or Rotorcraft 

Flight Manual containing takeoff and landing distance data is

required, the takeoff and landing distance data contained therein; 

and

ii. For civil aircraft other than those specified in paragraph (b)(1) of 

this section, other reliable information appropriate to the aircraft, 

relating to aircraft performance under expected values of airport 

elevation and runway slope, aircraft gross weight, and wind and 

temperature.

DAI will not operate UAS’s under IFR conditions or when the ceilings are below 1000 feetand 

the visibility is below 3 statute miles. DJI’s UAS’s do not have published approved Airplaneor 

Rotorcraft Flight Manual containing takeoff and landing distance data.

Equivalent Level of Safety

In adherence to FAA, NTSB, and AFS-80 best practices, the PIC along with the personhaving 

operational control must follow to assure that the weather will be adequate to complete the 

mission in VFR condition. Since DAI operates in Delaware where the density altitude is never

usually above 2000 feet, UAS performance is not affected. When DAI is allowed to operatein

other parts of the United States the UAS used in those locations will be test flown at gross 

weight to test performance limitations prior to conducting commercial operations.

B. 14 CFR 91.113: Right-of-Way Rules

DAI request an exemption from 14 CFR 91.113 Right-of-way rules, requiring vigilance by each 

person operating an aircraft so as to see and avoid other aircraft. When a rule of this section 

gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass 

over, under, or ahead of it unless well clear.

Delaware Aerial Images operates small pilotless UAS’s and cannot comply with these rules as 

they have been written.

Equivalent Level of Safety

DAI operates UAS’s at or below an altitude of 400 feet AGL, well below the normal operating

altitude of other aircraft. DAI management require that a Pilot in Command with experience will 

oversee each mission and has knowledge of the avoid rules. A Visual Observer will assist the PIC 

in looking for aircraft entering the operations area. It’s the responsibility of the PIC tocease 

operations and land the UAS immediately whenever and aircraft comes into the vicinity

creating a potential threat. Operations cannot recommence until the threat is clear.
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C. 14 CFR. § 91.119: Minimum Safe Altitudes

DAI requests an exemption from the minimum safe altitude requirements of 14 CFR 91.119

that prescribes the minimum safe altitudes under which aircraft may operate:

• Over any congested area of a city, town, or settlement, or over any open air assembly of

persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius 

of 2,000 feet of the aircraft.

• Over other than congested areas at 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, orstructure.

Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes when

it can be operated "without hazard to persons or property on the surface," provided that "each 

person operating the helicopter complies with any routes or altitudes specifically prescribed for 

helicopters by the FAA."

To provide the intended operations, the UAS is normally operated below 400 feet AGL. 

Additionally, due to the nature of the proposed operations, the UAS will maintain a lateral 

distance of at least 100 feet from inhabited structures, buildings, vehicles, and vessels, and 

from people not associated with the operation.

Equivalent Level of Safety

Compared to flight normal aircraft, DAI’s multi-rotor aircraft weigh a maximum of 25 pounds, 

and given the lack of flammable fuel, any risk associated with these operations is far less than 

those that presently exist with conventional aircraft. An equivalent level of safety will be 

achieved given the size, weight, and speed of the UAS, as well as the location where itis 

operated. As set forth in the FAA, NTSB, and AFS-80 best practices, the UAS will be operated in 

a sterile area, where buildings and people will not be exposed to operations without their preobtained consent. Because of the advance notice to the property owners and participants, all 

affected individuals will be well aware of the planned flight operations prior to commencement 

of operations.

Furthermore, by operating at such lower altitudes, the UAS will not interfere with aircraftthat 

are subject to the minimum safe altitude regulations. Finally, the successful safety record ofthe

DJI UAS’s demonstrates that the UAS can be safely used at these lower altitudes and closer 

operating environments.

D. 14 C.F.R. § 91.121: Altimeter Settings

DAI seeks an exemption from 14 CFR 91.121, which requires a person operating an aircraft to 

maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation 

of the departure airport or barometric pressure. An exemption is required because the UAS 

does not have a barometric altimeter, but rather a GPS altitude read out.
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August 11, 2015

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in the FAA, 

NTSB, and AFS-80 best practices. DAI will confirm the altitude of the launch site shown on the 

GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to 

constantly monitor the UAS's height, thus ensuring operation at safe altitudes.

E. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

DAI requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight inVFR 

conditions. Section 91.151 states:

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 –

i. During the day, to fly after that for at least 25 minutes; or

ii. At night, to fly after that for at least 45 minutes.

The batteries powering DAI’s UAS’s provide approximately 10-25 minutes of powered flight. To 

meet the 30 minutes reserve requirement in 14 CFR 91.151, UAS flights could not be 

conducted. Given the limitations on the UAS's proposed flight area and the location of its 

proposed operations within a predetermined area, a safety margin based on a reserve amount

of battery life is needed. DAI will not be conducting any UAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be conducted on-site

without significant transit time by the UAS. All flights will be planned to terminate with no less 

than 25% reserve battery power still available. This restriction would be more than adequate to 

return the UAS safely to its planned landing zone from anywhere in its confined area of 

operation even in the event of an unexpected occurrence. Operation of the UAS with less than 

30 minutes of reserve fuel does not include the type of risks that Section 91.151(a) was 

intended to alleviate given the size and speed of the small UAS, and the proximity of the flight 

operation to the landing zone. Moreover, operation will be limited to controlled areas where 

only people and property owners, or official representatives who have signed waivers will be 

allowed.

F. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance

Inspections

DAI also seeks an exemption from the maintenance inspection requirements contained in 14

CFR 91.405(a), 91.407(a) (1), 91.409(a) (2), 91.417(a) and (b). These regulations specify

maintenance and inspection standards in reference to 14 CFR Part 43. 14 CFR 91.405(a)(stating 

that each owner or operator of an aircraft "shall have the aircraft inspected as prescribed in

subpart E of this part and shall between required inspections ...have discrepancies repaired as 

prescribed in part 43 of this chapter"). An exemption to these regulations is needed because 

Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the 

sUAS will not have.
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August 11, 2015

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with FAA, NTSB, and AFS-80 best practices. 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. 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.

If mechanical issues arise, the UAS's size and carrying capacity, and the fact that flight 

operations will only take place in restricted areas for limited periods of time during daylight 

hours, creates less risk than that associated with conventional rotorcraft performing the same 

operation.

VI. PUBLIC INTEREST

Delaware Aerial Images an exemption furthers the public interest.National policy set by 

Congress favors early integration of UAS into the national airspace in controlled, safe working 

environments such as those propose in this petition. The one vision of DAI is to help facilitate 

safe integration of UAS’s into mainstream USA in the following areas:

• Movies and Videography

o Whether the shot requires unique views and expansive panning or extreme

altitude with radical views, the UAS is designed to hold up under demanding

conditions. Because of the autopilot feature with pre-designed mission 

management and R/C control interrupt, the pilot and camera operator can easily 

create the ultimate shot with HD video or HD still photos. When working closein

on a closed set the hazards to the actors are greatly reduced due to the size of 

the sUAS.

• News Gathering

o Similar to movies and videography, each news assignment may require a 

completely different shot or view of a scene. With budgets for traditional 

helicopter use being greatly reduced, the UAS is the perfect solution to allow for 

easy news gathering for a fraction of the cost. The UAS can and will beoperated

in a sterile area away from the public, while the traditional helicopter must

hover over persons and property increasing the danger to individuals.

• Real Estate

o The UAS can be used in all areas of real estate, including commercial, residential 

and industrial properties. Using a UAS, real estate professionals can create

promotional videos, photos and unique shots that normal camera aspects

cannot capture. DAI’s easy-to-use video and photo platform enables properties 

to stand out, providing dazzling views that are typically shown via expensive 

computer animation or costly helicopter rentals. Imagine shooting a view from a 

high-rise condo in stunning high definition that shows your potential customer 

the actual view from the residence. The remote platform is great for new

planning, zoning and large developments. Simple and easy-to-use video and

photos allow for multiple height pictures and elevation views.
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August 11, 2015

VII. Privacy

Delaware Aerial Images is deeply committed to protecting public privacy. DAI knows that 

many individual have concerns about privacy from the operations of UAS’s. DAI has 

created a privacy notice that informs residents, commercial property owners,churches,

schools, and governmental organizations of our intent to conduct commercial drone operations 

in proximity to their property.

VIII. Federal Registry Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:

Delaware Aerial Images seeks an exemption from the following rules:

14 CFR § 91.103; 14 CFR § 91.113; 14 CFR § 91.119 (c); 14 CFR § 91.121; 14 CFR § 91.151(b); 14 

CFR § 91.405(a), 91.407(a) (1), 91.409(a) (2); 91.417(a) and (b).

Approval of this exemption request allows DAI to conduct commercial operations with small 

and lightweight unmanned aerial systems. DAI’s singular vision is to enhance safety of UAS

operations in the NAS while reducing risk to the general public and property owners.

The DJI UAS, weighing less than 25 pounds and powered by batteries, eliminates virtually all of 

that risk given the reduced mass and lack of combustible fuel carried on bard. The UAS is 

transported to the designated mission area and set up there. The UAS will carry no passengers 

or crew and, therefore, will not expose them to the risks associated with manned aircraft 

flights.

The operation of this small UAS will provide an equivalent level of safety supporting the grant 

of the exemptions requested herein, including exempting the applicant from the requirements

of several regulations and allowing commercial operations. These lightweight UAS’s operate at

slow speeds, close to the ground, and in a sterile environment. As a result, they are far safer 

than conventional aerial survey and inspection operations conducted with fixed wing aircraft or 

helicopters.

If additional information is required, or if you have any questions regarding this Petition for 

Exemption, please contact the undersigned at:

With Best Regards, 

Gene W Wood Jr

Delaware Aerial Images

Office: (302) 602-1816

Email:Delawareaerialimages@gmail.com
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IX. Conclusion

For the foregoing reasons, it is requested that the regulatory exemptions requested herein be 

respectfully granted, and the Petitioner be permitted to conduct small UAS operations 

aforementioned purposes.