2 July

2015 U.S. Department of Transportation Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591
Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) ; 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417 (a) and (b) Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Drone Chief LL C , operator of an Unmanned Aircraft Sy stem (UAS), hereb y applies for exemption fr om the listed Federal Aviation Regulations (“FARs”) to allow commercial operations of its UAS, 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. This request for exemption is similar, if not identical, to many previously

submitted requests that have received exemption. Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner:
1. Aerial photograph y and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial video and/or photograph y for public and/or private use including television, pu blic events, cinematograph y and news gathering. 3. Aerial inspection/photograph y of residential/commercial structures under contract with the owners or local government authority

. 4. Aerial inspection/photograph y of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines, and cell towers. 5. Aerial video/photography or providing live video feed assist with search and rescue operations in case of an emergency or natural disaster when local authorities or gover nment has requested it by contract or donation. 6. The ability

to offer training to persons individually or belonging to both private and/or public organizations that have interests in the use and application of a UAS for the purpose of the safe operation of a UAS to enhance the safet y of the National Airspace Sy stem (NAS) as well as for the protection of the persons and propert y. As described fully

below, the requested exemption would permit the oper ation of a UAS under controlled, the requested exemption wou ld permit the operation of a UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safet y enhancements to the alread y s afe operations in the industry presentl y using conventional aircraft. Ap proval of this exemption would thereb y enhance safet y and fulfill the Secretary of Transportation’s (the FAA’s Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft sy stems in the national airspace s ys tem.”T he name and address of the applicant is:

Drone Chief LLC
Attn: Connor T. Brach
Ph: 908

- 781

- 7157
Email: dronechief@gmail.com Address: 12 Obrien Court, Bedminster, NJ 07921

**Regulations from which the exemption is requested:**  14 CFR Part 21 subpart H 14 CFR 45.23 (b)
14 CFR 61.3 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)
14 CFR 91.103
14 CFR.109 14 CFR.119 (c)
14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b) Drone Chief LLC will operate a DJ I Phantom 3 Professional. The UAS will be powered using lithium poly

mer batteries and controlled with a remote transmitter operating on 2.4Ghz band. The applicate will oper ate in light of sight within a closed off and predetermined area owned and/operated by

the property

representative. Given the small size of the UAS and the controlled environment provided, the proposed operations will adhere to the Reform Act’s safet y requ irements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limitedto reduced emissions an d noise, the grants of the requested exemption is in the public interest.

Accordingl y the applicant requests that the FAA grants the requested exemption with minimum delay

. **Aircraft and Equivalent level of safety** The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safet y of the persons and/or propert y using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual include:
1. The UAS will weigh less than 55 lbs. 2. 2. The UAS will have a maximum operating speed of no more than 50mph. 3. 3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO). 4. 4. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first. 5. 5. Flights will be ope rated at an altitude of no more than 400 feet Above Ground L evel (AGL) and not more than 200 feet above an elevated platform from which filming is planned. 6. 6. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may include but not limited to a Camera Operator. 7. 7. The UAS pilot will be a designated Pilot in Command (PI C) and hold a Commercial Pilot’s L icense along with a Second or higher Class Medical Certificate. If the PI C feels another operator to be qualified with the necessary skills to be PI C & possess a Commercial Pilot’s L icense along with a Second or higher Class Medical Certificate, that person may

be designated PI C provided they have a minimum of 20 hours of flight time with the UAS. 8. 8. A briefing will be performed regarding the planned UAS operations prior to each day ’s flight consisting of all the day s’ production activities. 9. 9. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only

. 10. 10. The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. 11. 11. If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a to wer controlled or uncontrolled airport the respective airports will be contacted advising them of the estimated flight time, flight duration, elevation of flight and other pertinent information. 12. 12. The operator will file FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation. 13. 13. The operator will obtain verbal/written consent of all perso ns involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon anequivalent level of safet y determination, as required under the F OM. With the advanced

permission of the FSDO, operations at closer range may be approved. 14. 14. The PI C and VO will have been trained in operation of UAS and receive up

- to

- date information for the particular UAS to be operated. 15. 15. The PI C and VO will be a ble to communicate by

voice, radio, and/or text at all times. 16. Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies. 17. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre

- determined location within a designated location and land autonomously

. 18. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airw orthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safet y under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size , weight, speed, operational capability, and proximity

to airports and populated areas of the particular UAS. In all cases, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder i s less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption

w ill be tightly

controlled and monitored by both the operator and under the requirements and in compliance with local public safet y requirements. The FAA will have advance notice of all operations. These safet y enhancements provide a greater degree of safet y t o the public and propert y owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly , application of these same criteria demonstrates that there is no credible threat to national secur ity posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requ ires: When marks include only the Roman capital letter "N" and the registration number is display ed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operatormust also display on that aircra ft 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.Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two

- inch lettering will be impossible. The word “Exp erimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safet y will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.” 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or propert y for compensation or hire. Drone Chief LLC may

achieve an equivalent level of safet y as achieved b y current Regulations because the applicant’s UAS do not carry any pilots or passengers nor property . Th e risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe operation of the UAS. 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 regu latory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safet y check lists prior to each flight an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required b y §21.5 of this chapter, unless there is available in the aircraft a curre nt approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y combination thereof. The UAS, given its size and configuration has no ability or place to carry

such a flight manual on the aircraft, not only becaus e there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safet y will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will hav e immediate access to it. 14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain actions before flight to insure the safet y of flight. As FAA approved rotorcraft flight manuals will not be provided for the ai rcraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery

requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioni ng dual controls. UAS and remotely piloted aircraft, by

their design do not have fully functional dualcontrols. Flight control is accomplished through the use of a control box that communicates with

the aircraft via radio communications. The FAA has appro ved exemptions for flight training without fully

functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety provided b y the fact that neither a pilot nor passengers will be carried in the aircraft and b y the size and speed of the aircraft. 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 prescrib ed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL , or not more than 200 above an elevated platform from which filming is planned, an exemption may b e needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey

or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with securit y perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent. The equiva lent level of safet y will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the propert y owner or local officials. Because of the advance notice to the prope rty owner and participants in the filming activity , all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack o f flammable fuel, any risk associated with these operations is far less than those presentl y presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these UAS op erations 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 b y reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safe ty will be achieved b y the operator, pursuant to the safet y check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VF R 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, assumin g normal cruising speed

– (1) During the day , to fly after that for at least 30 minutes; or (2) At night, to fl y after that for at least 45 minutes.” The battery

powering the UAS provides approximately 30 minutes of powered flight. To meet the 30 minute r eserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately

10 minutes in length. Given the limitations on the UAS’s proposed flight area andthe location of its proposed operations within a predetermined area, a longer time frame f or flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a tightl y controlled area where onl y people and property
owners o r official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the t ype of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally , lim iting UAS flights to 10 minutes would greatly

reduce the utility

for which the exemption will be granted. Applicant believes that an equivalent level of safet y can be achieved b y limiting flights to 30 minutes or 25% of battery

power

— whichever happens fir st. This restriction would be more than adequate to return the UAS to its planned landing zone from any where in its limited operating area. 14 C.F.R. §91.203 (a) and (b): Carry ing Civil Aircraft Certification and Registration The regulation provides in p ertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. . . . (b) No person may

operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is display ed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully

loaded weighs no more than 55 lbs . and is operated without an onboard pilot. As such, there is no ability

or place to carry

certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by

keeping these documents at the ground control point where the pilot fl yi ng the UAS will have immediate access to them, to the extent they are applicable to the UAS. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft o perator 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 appl y only to aircraft with an airworthiness certificate, these sections will not apply

to the applicant. Maintenance will be accomplish ed by the operator pursuant to the flight manual and operating handbook. An equivalent level of safet y will be achieved because the UAS is very limited in size and will carry a small payload and operate onl y in restricted areas for a limited period of time . If mechanical issues arise the UAS can land immediately

and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of an y maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworth y condition to provide the equivalent level of safet y.An equivalent level of safety will be achieved because mai ntenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed.
Additio nal Information The applicant, Connor T. Brach, has been involved in the building and piloting of remote controlled aircraft for more than 10 ye ars. Additional members of Drone Chief LL C are certified commercial or private pilots with medical certificates and will be the primary pilots used. Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested exemptions allowing the commercial operation of the applicant’s UAS.

S incerel y,

Connor T. Brach