1 | Page – DAI Exemptio n 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 pe rmit commercial operation by DAI, which uses DJI Phantoms 3 Professional conduct UAS flight training, education, real estate photography, videogra phy, film and wedding production, and demonstration flights. DAI ’s operation under the exemption will be subject to strict operating requirements and conditions to ensure an equivalent level of safety to currently authorized operations using 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 that is permitted in accordance with DAI ’s approved Certificate of Authorization (COA). They will 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 ai rspace in which the UAS will operate in adva nce. 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) responsibilities2 | Page – DAI Exemptio n Request August 11, 2015 under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.” For your convenience, DAI has organized this Exemption request as follows: I. Petit ioner'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 com pliant and safe environment. DAI plans on providing a wide range of services as the UAS market expands.
DAI 's goal is to operate in an accident

-free environment by:

• 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 the3 | Page – DAI Exemptio n Request August 11, 2015 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 unmanned4 | Page – DAI Exemptio n Request August 11, 2015 aircraft systems may operate safely in the National Airspace ("NAS") before completion of the 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 Administrat or may grant an exemption from a**  **requirement**

**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 ve rtical and horizontal plane. DAI ’s UASs will operate in line of sight, during daylight hours, and will only op erate 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, to supply 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.5 | Page – DAI Exemptio n Request 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 is a summary of operational limitations and conditions that will ensure an equivalent or higher level 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 or who 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 particu lar 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 cond ucted in regard to the planned UAS operations p rior 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.6 | Page – DAI Exemptio n Request 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 co mmunications 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 no individuals’ privacy is violated. 23. Procedu res have been established in DAI ’s Operations Manual to contact ATC prior to 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 action s 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 the7 | Page – DAI Exemptio n Request 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 feet and the visibility i s below 3 statute miles. DJI’s UAS’s do not have published approved Airplane or 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 person having operational control must follow to assure th at 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 perfo rmance is not affected. When DAI is allowed to operate in other parts of the Un ited 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, req uiring 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 to cease 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.8 | Page – DAI Exemptio n Request August 11, 2015 **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, or structure. 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 provid e 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** Compare d 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 it is operated. As set forth in the FAA, NTSB, and AFS

-80 best practices, the UAS will be operated i n 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 operatin g at such lower altitudes, the UAS will not interfere with aircraft that are subject to the minimum safe altitude regulations. Finally, the successful safety record of the DJ I UAS’s d emonstrates 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.9 | Page – DAI Exemptio n Request 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 in VFR 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 mi nutes 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 s ignificant 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 eve nt of an unexpecte d 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 op eration 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 i n 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.10 | Page – DAI Exemptio n Request August 11, 2015 **Equivalent Level of Safety** An equivalent l evel 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.
I f 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 design ed 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 close in 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 be operated 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 an d photos allow for multiple height pictures and elevation views.11 | Page – DAI Exemptio n Request 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 t his 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 ma ss and lack of combust ible fuel carried on bard. The UAS is transported to the designated mission area and set up th ere. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. Th e 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.com12 | Page – DAI Exemptio n Request August 11, 2015 **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.