January 14, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 49

U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations.

Dear Sir or Madam:

I, Joshua Perryman, owner of Drobotixx L.L.C., am submitting this Petition for Section 333 Exemption

under Section 333 of the FAA Modernization and Reform Act of 2012 on behalf of Drobotixx, L.L.C.

Applicant Information:

Name of Applicant:​Drobotixx, L.L.C.

Primary Contact:

Joshua Perryman

Drobotixx, L.L.C.

2464 Seren Drive

Lebanon, IN 46052

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Drobotixx, L.L.C. hereby

requests an exemption by the Secretary of Transportation authorizing commercial use of sUAS for

agricultural crop inspection, architecture mapping, construction mapping and inspection, real estate,

power line inspection, security, aerial videography, photography and any other work utilizing aerial

photography. Such operations will be conducted within the conditions of Section 333 of the FAA

Modernization and Reform Act of 2012, Section 333 and the UAS “Blanket COA”. The aircraft to be

utilized will be within the DJI family of unmanned aircraft vehicles.

These exemptions will be in the public interest and will maintain, at the least, an equal level of safety

to existing regulations. Approving Drobotixx, L.L.C. to perform commercial sUAS operations will

provide a safer airspace and community by utilizing licensed and professional pilots, proper

equipment inspections prior to and after flights, and procedures to ensure a safe flight and landing.

Drobotixx, L.L.C, will operate the commercial sUAS operation that will meet, if not exceed, the current

conditions of Section 333 of the FAA Modernization and Reform Act of 2012. The sUAS to be

operated will be under 55lbs and will not contain fuel, thus providing a safer airspace in an

unforeseen emergency. An exemption will allow Drobotixx, L.L.C. to provide a safer airfield and
environment by providing a professional drone service for those who are not educated or licensed for

the proper use of an UAS for the listed applications.

Drobotixx, L.L.C. will operate the following UAS which will be equipped with a thermal camera/HD

camera, sensors and transportable ground station for the following purposes:

● Aerial inspection for private uses which include crop inspection, construction, security,

architecture, power lines and real estate.

● Aerial mapping for private uses which include crop inspection, construction, security, and

architecture.

● Aerial photography for public and/or private use which includes real estate and other

professional events.

● Aerial videography for public and/or private use which includes real estate and other

professional events.

Exceptions Requested

Pursuant to 14 C.F.R. § 11.81(e), Drobotixx, LLC. requests exemption from the following regulations:

● 14 C.F.R. Part 21 Subpart H – Airworthiness Certificates

o Establishes: ​The procedural requirements for the issuance of airworthiness

certificates as required by 14 C.F.R. § 91.203(a)(1)

The size of the UAS will be less than 55lbs, thus, an exemption from Part 21 Subpart H meets

the requirements of an equivalent level of safety under Part 11 and Section 333 of the FAA

Modernization and Reform Act of 2012 with the consideration “of the size, weight, speed,

operational capability, and proximity to airports and populates areas of the particular UAS.”

● 14 C.F.R. § 45.23(b) – Aircraft Marking and Identification Requirements

o When marks include only the Roman capital letter "N" and the registration number is

displayed on limited, restricted or light‐sport category aircraft or experimental or

provisionally certificated aircraft, the operator must also display on that aircraft near

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches

nor more than 6 inches high, the words "limited," "restricted," "light‐sport,

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

Drobotixx, L.L.C. will be in compliance with § 45.29(f) by displaying the registration number on

each UAS in bold, readable lettering.

● 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) and 61.101 – Recreational, Private and

Commercial Pilot Privilege and Limitations

o 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section,

no person who holds a private pilot certificate may act as pilot in command of an

aircraft that is carrying passengers or property for compensation or hire; nor may that

person, for compensation or hire, act as pilot in command of October 26, 2015 Page 4

of 11 an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in

command of an aircraft in connection with any business or employment.
o 14 C.F.R. § 61.133: (a) Privileges – (1) General. A person who holds a commercial pilot

certificate may act as pilot in command of an aircraft – (ii) For compensation or hire,

provided the person is qualified in accordance with this part and with the applicable

parts of this chapter that apply to the operation.

o 14 C.F.R. § 61.101: (a) A person who holds a recreational pilot certificate may not act

as pilot in command of an aircraft:

▪ For compensation or hire;

▪ In furtherance of a business;

Drobotixx, L.L.C. will employ a that PIC holds a minimum of a pilot certification and a valid

driver’s license.

● 14 C.F.R. 91.7(a) – Civil Aircraft Airworthiness

o No person may operate a civil aircraft unless it is in an airworthy condition.

The PIC will administer pre and post flight inspection of the UA provided by the manufactures

maintenance manual(s) and guidelines. The PIC will abide by § 91.7(b) and abort flight

missions immediately an in‐flight emergency or other unsafe conditions. The equivalent level

of safety will be met by complying with the outlined procedures.

● 14 C.F.R. 91.9(b) Civil Aircraft Flight Manual, Marking, and Placard Requirements

o (b)(2) prohibits operation of U.S.‐registered civil aircraft unless there is available in the

aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual

material, markings, and placards, or any combination thereof.

Drobotixx, L.L.C will keep all copies of operation documents, manuals, authorizations and

exemptions of the UA in a binder located with the ground station to achieve an equivalent

level of safety.

● 14 C.F.R. 91.109(a) – Flight Instruction

o No person may operate a civil aircraft (except a manned free balloon) that is being

used for flight instruction unless that aircraft has fully functioning dual controls.

Drobotixx, L.L.C. will make use of sUAS which are developed and designed for operational

control through the GPS enabled waypoints, which are determined before or during flight. A

majority of sUAS are developed in this manner and includes a single hand held radio

controlled transmitter or ground control station. The design does not allow for dual controls

during flight training, therefore, an exemption is requested to train operators. Training will be

conducted separately from live commercial flights. By conducting training in safe, pre‐scouted

environments, an equal level of safety will be achieved.

● 14 C.F.R. 91.119 (c) – Minimum Safe Altitudes

o Except when necessary for takeoff or landing, no person may operate an aircraft

below the following altitudes: (b) 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. (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. (d)

Helicopters, powered parachutes, and weight‐shift‐control aircraft. If the operation is
conducted without hazard to persons or property on the surface— (1) A helicopter

may be operated at less than the minimums prescribed in paragraph (b) or (c) of this

section, provided each person operating the helicopter complies with any routes or

altitudes specifically prescribed for helicopters by the FAA.

UAS operations will be utilized at or below the maximum allowable altitude authorized by

COA. An equivalent level of safety will be achieved.

● 14 C.F.R. 91.121 – Altimeter Settings

o Each person operating an aircraft shall maintain the cruising altitude or flight level of

that aircraft, as the case may be, by reference to an altimeter that is set, when

operating... SUAS are equipped with Global Positioning System (GPS), which provide

altitude and geolocation data to the operator without utilizing an altimeter. Due to

this fact, an exemption is required. GPS are precise within a few feet and combined

with fail‐safes and a visual observer the operation will meet an equivalent level of

safety.

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

o 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;

This regulation will prohibit the use of sUAV based off of the conditions of a traditional

aircraft. A majority of sUAS can fly for less than an hour while traditional aircraft can fly for

hours at a time. Drobotixx, L.L.C. will use battery powered sUAV, which inhibits long flight

times. In order to achieve an equivalent level of safety, the PIC will comply with the

manufacturers guidelines and fail safe systems.

● 14 C.F.R. 91.215(b) – ATC Transponder and Altitude Reporting Equipment and Use.

o All airspace. Unless otherwise authorized or directed by ATC, no person may operate

an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section,

unless that aircraft is equipped with an operable coded radar beacon transponder

having either Mode 3/A 4096 code capability, replying to Mode 3/A interrogations

with the code specified by ATC, or a Mode S capability, replying to Mode 3/A

interrogations with the code specified by ATC and intermode and Mode S

interrogations in accordance with the applicable provisions specified in TSO C‐112,

and that aircraft is equipped with automatic pressure altitude reporting equipment

having a Mode C capability that automatically replies to Mode C interrogations by

transmitting pressure altitude information in 100‐foot increments. This requirement

applies—

(1) All aircraft. In Class A, Class B, and Class C airspace areas;

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix

D, section 1 of this part from the surface upward to 10,000 feet MSL;
(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not

originally certificated with an engine‐driven electrical system or which has not

subsequently been certified with such a system installed, balloon or glider may

conduct operations in the airspace within 30 nautical miles of an airport listed in

appendix D, section 1 of this part provided such operations are conducted—

(i) Outside any Class A, Class B, or Class C airspace area; and

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area

designated for an airport or 10,000 feet MSL, whichever is lower; and

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a

Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL;

and

(5) All aircraft except any aircraft which was not originally certificated with an

engine‐driven electrical system or which has not subsequently been certified with

such a system installed, balloon, or glider—

(i) In all airspace of the 48 contiguous states and the District of Columbia at and

above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the

surface; and October 26, 2015 Page 7 of 11

(ii) In the airspace from the surface to 10,000 feet MSL within a 10‐nautical‐mile

radius of any airport listed in appendix D, section 2 of this part, excluding the airspace

below 1,200 feet outside of the lateral boundaries of the surface area of the airspace

designated for that airport.

There is no sUAS that comes equipped with a transponder and no transponder is used for

the sUAS. Drobotixx, L.L.C. is requesting exemption in order to operate in areas in which

the transponder is required according to the regulations. The PIC will issue the

appropriate NOTAMS and prior ATO coordination, thus, achieving an equivalent level of

safety as other manned aircraft who receive authorization to fly in airspace where a

transponder is required. The PIC will abide by the altitude limits and airport standoff

distances required by COA.

● 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance

Inspections

o 91.405(a) States: Each owner or operator of an aircraft—(a) 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

o 91.407(a)(1) States: (a) No person may operate any aircraft that has undergone

maintenance, preventive maintenance, rebuilding, or alteration unless—(1) It has

been approved for return to service by a person authorized under § 43.7 of this

chapter o 91.409(a)

o 91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 91.411

and 91.413, each registered owner or operator shall keep the following records for the
periods specified in paragraph (b) of this section: (paragraphs 1 (i – iii), 2 (i – vi)); (b)

The owner or operator shall retain the following records for the periods prescribed:

(paragraphs 1 – 3)

The PIC will perform the pre and post flight inspections and maintenance according to the

manufacturer’s guidelines in the operations manual. In the case of maintenance being

required, the PIC will perform a test flight to ensure safety before commercial flights. All

inspections or maintenance will be documented and kept and recorded a binder for the

inspected UAV. Drobotixx, L.L.C. will maintain an equivalent level of safety by following these

actions.

Commercial Operation

Under this exemption all Drobotixx, L.L.C unmanned aircraft will be controlled by a certified PIC. At

the very least, the PIC will hold a pilot certificate. In order to ensure a level of safety at least equal to

the existing rules, we will abide by the following:

● Provide a pre‐flight briefing of any participating persons.

● Clear the area of by standards or any other non‐participating personal, at a minimum of 500

feet away.

● Will not take flight in overly populated areas to reduce risk of damages.

● Yield to manned traffic.

● Conduct flights only during daylight hours.

● Abort flights in the safest way possible when not in compliance with the listed exemptions or

Section 333 of the FAA Modernization and Reform Act of 2012.

● Immediately abort flights when public safety is compromised.

● Keep documents, flight logs, manuals, authorizations and exemptions in a binder for each

sUAS.

● Identify potential hazards to maintain a safe flight.

● Only operate in areas with the consent of the landowner or representative.

● Operate under the visual flight rules.

● Maintain communication with visual operators or participating personnel.

● Abide by the maximum altitude defined in the COA, which is determined by the installed GPS.

● Conduct pre‐flight planning in compliance with Section 91.103 Preflight Action.

● Land UAS prior to the manufacturer’s recommended level of battery power.

An exemption will be needed in order to remain at an altitude at or below the altitude described by

the COA from Section 91.119 (c). Following these standards will enable the commercial operation to

meet an equivalent level of safety to the regulation.

Unmanned Aircraft System

Drobotixx, L.L.C. is seeking exemption to operate DJI UAS. Such UAS include the following:

● The DJI Phantom 3 Standard

● The DJI Phantom 3 Professional
● The DJI Inspire 1

● The DJI Matrice 100

The listed UAS will be flown via RC Control and/or ground control using a laptop or tablet computer.

Each of the listed UAS are GPS equipped, Lithium‐polymer batteries for power, and quadcopters.

Each UA listed has several fail‐safes for the loss of RC signal, loss of GPS, or low battery. Each fail‐safe

operation is included in the guidelines of the respective operation manual. All fail‐safe operations will

trigger the UA to automatically return and to the pre‐determined coordinate location. This location

will be determined prior to all flight operations ensuring a safe return and landing, thus providing an

equivalent level of safety. I request an exemption from Section 91.151(b) Fuel requirements for flight

in VFR conditions, based off of the UA fail‐safe guards.

Based off of the size, weight, speed and controlled operating area of the UA, an exemption from 14

CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) is requested. Each of the

listed sUAS will display the registration number in bold and readable lettering. Drobotixx, L.L.C. seeks

to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance

inspections will be conducted in accordance to the operations manual. Drobotixx, L.L.C. requests

exemption from 91.7(a), which prohibits the operation of an aircraft without an airworthiness

certificate and 91.9(b) (2) requiring an approved flight manual in the aircraft. None of the listed UA

will be operating with an airworthiness certificate. Due to the size of the UA, the UA will be too small

to carry operating documents. An equivalent level of safety can be achieved through keeping the

operation manual in the binder with the ground control.

UAS PIC – Pilot in Command

Drobotixx, L.L.C. will achieve an equivalent level of safety since the UA does not carry pilots or

passengers. A commercial pilot license will not ensure RC piloting ability, as the motor skills are

different. The risks of operating a UA are much less than in commercial activities outlined in 14 CFR

part 61, et seq.. An exemption is requested from § 61.101 Recreational Pilot Privileges and

Limitations. PIC will maintain a recent flight experience and training will be conducted in a safe,

pre‐scouted area separate from commercial operations.

Public Interest

By providing the procedures and precautions while operating a UA for commercial uses for purposes

like agricultural crop inspection, architecture mapping, construction mapping and inspection, real

estate, power line inspection, security, aerial videography, photography and any other work utilizing

aerial photography, Drobotixx L.L.C will achieve an equivalent level of safety. UA operations will

provide the public with a safe viable resource for serving their aerial photography needs by utilizing a

trained PIC service. Drobotixx, L.L.C will be associated with less risk of collateral damage to persons or

property while serving the public. UA operations will have limiting disruptive noise pollution which is

associated with low altitude aviation operations.

Summary

Pursuant to Section 333 of PL 112‐95 commonly known as the “FAA Modernization and Reform Act of

2012”, Drobotixx, L.L.C, hereby applies for authorization to conduct unmanned aerial systems (UAS)
operations for the purposes of agricultural crop inspection, architecture mapping, construction

mapping and inspection, real estate, power line inspection, security, aerial videography, photography

and any other work utilizing aerial photography. Rules sought for exemption are as follows:

∙ 14 C.F.R. Part 21 Subpart H

∙ 14 C.F.R. § 45.23(b)

∙ 14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii)

∙ 14 C.F.R. § 91.7(a)

∙ 14 C.F.R. 91.9(b)

∙ 14 C.F.R. § 91.103

∙ 14 C.F.R. § 91.109(a)

∙ 14 C.F.R. § 91.119

∙ 14 C.F.R. § 91.121

∙ 14 C.F.R. § 91.151(a)

∙ 14 C.F.R. § 91.215(b)

∙ 14 C.F.R. § 91.405(a)

∙ 14 C.F.R. § 91.407(a)(1)

∙ 14 C.F.R. § 91.409(a)(2)

∙ 14 C.F.R. § 91.417(a) & (b)

Thank you for time and consideration in this exemption request. Drobotixx, L.L.C is committed to the

safety regulations and precautions of UAS operation. Through our service, we believe we can

contribute to the safe UAV environment for years to come. If you have any questions or concerns,

please, feel free to contact me at 773‐494‐2800.

Sincerely,

Joshua Perryman

Owner

Drobotixx L.L.C

contactus@drobotixx.com