Exist Industries LLC P.O. Box 1035 Beaver, Utah 84713 435

- 310

- 1030 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:

Exist Industries LLC , pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act), Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, requests an exemption from the Federal Aviation Regulations (FARs) listed b elow to allow Exist Industries LLC to conduct commercial operations with small Unmanned Aircraft System (sUAS) to provide aerial support functions, inspections, and imagery operations in the following industries: agriculture, energy production, surveying, construction, environmental, engineering, wildlife, insurance, real estate, flight training, tourism, education, emergency services, public sector, transportation and railroad, animal production and management, utility, event, consulting, research and development, land management, mining, video and television production including closed set filming, and other commercial and industrial flight applicati ons. 

## Exemptions Requested Similar to previous exemptions granted in exemptions: 11581, 12284, 12496, Exist Industries LLC requests exemptions from the following regulations:

14 C.P.R. 21 14 C.P.R. 45.23 14 C.F.R 45.29 14 C.P.R. 61.3 14 C.P.R. 61.113(a) & (b) 14 C.P.R. 91.121 14 C.P.R. 61.133(a)

14 C.P.R. 91.7(b) 14 C.P.R. 91.9(b)(2) 14 C.P.R. 91.109(a)

14 C.P.R. 91.119 14 C.P.R. 91.151(a) 14 C.P.R. 91.203(a) & (b) 14 CFR Subpart E (91.401

- 91.417)1. CHARACTERISTICS OF THE AIRCRAFT UAS operations will be safely conducted according to manufacture manuals and safety guidelines to minimize risk to the NAS or to persons and property on the ground with the following aircraft: DJI Phantom DJI Inspire DJI Matrice DJI S - 1000+ All specs and operating manual links can be found in Appendix A 2. APPLICATIONS Aerial support functions, inspections, and imagery operations in the following industries: agriculture, energy production, surveying, construction, environmental, engineering, wildlife, insurance, real es tate, flight training, tourism, education, emergency services, public sector, transportation and railroad, animal production and management, utility, event, consulting, research and development, land management, mining, video and television production incl uding closed set filming, and other commercial and industrial flight applications.
3. OPERATING GUIDELINES All operations conducted under this exemption will meet or exceed the reco mmend manufacture r operation and safety guidelines attached in Appendix A to ensure safe and proper flight.

To further ensure saf e operations additional operational guidelines are attached in Appendix B In accordance with the conditions approved in previous exemption grants, Exist Industries LLC is reque sting authority to ope rate the s UAS within visual line of sight and below 400 feet AGL except as provided by FAA Air Traffic Control via COA. Exist Industries LLC will use the elevation of the highest predominant terrain within 1 mile of the launch point and within the visual l ine of sight (VLOS) as a ground reference point to establish the 400 feet ceiling. In other words, Exist Industries LLC will not operate the sUAS any higher than 400 feet above the highest point within 1 mile from the launch point, and will only do so prov ided the sUAS is within the line of sight. These operating conditions, along with those listed in Appendix B, would provide an equivalent level of safety for the reasons described below. The sUAS is visible up to 2,000 meters (1.24 miles) in a clear sky,

m aking the selection of the predominant terrain within 1 mile of the launch point as a ground reference a logical and easily manageable reference.4. OPERATOR GUIDELINES The PIC(s) must meet the following qualifications: Has successfully completed Ex ist Industries LLC training program and has passed the written test of the FAA Private Pilots License. Exist Industries LLC training program includes firm grasp on operational guidelines and aircraft functions and limitations , as well as at least 5 hours r ecorded flight time of specific sUAV. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government.
5. PUBL IC INTEREST Pe rforming these services with a s UAS is in the publi c interest for several reasons, including : (1) dramatically reducing safety risks inherent in manned operations, both in the air and on the ground; (2) inspecting locations where humans are not able visit without incurring substantial risk; (3) enhancing capabilities to utilize the s UAS to assist first responders on safety or environmental incidents; (4) and improving access to and control of various sites and operations.

The use of the s UAS for these services will reduce the need to either operate manned aircraft in a difficult environment and reduce the environmental impact of conventional aircraft operations or add to the safety when other non

- aircraft related methods prove hazardous or ri sky. In addition, the small, lightweight, and easily controllable operating characteristics of the s UASs’ provide for safe operations over site locations. Additionally, no national security or privacy concern issues are raised by the grant of the

r equeste d exemptions due to the s UAS small size, as well as its operational limitations , operational guidelines, and absence of flammabl e fuel. On the other hand, the s UAS is likely to enhance national security through better and more accurate monitoring of critic al national infrastructure.

### Appendix A:
DJI Phantom http://download.dji
innovations.com/downloads/phantom_3/en/Phant om_3_Professional_User_ Manual_v1.4_en.pdf http://download.dji
innovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_S afet y_Guidelines_en.pdf DJI Inspire http://download.dji
innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en. pdf http://download.dji
innovations.com/downloads/inspire_1/en/Inspire_1_Safety_Guidelines_en.p df http://download.dji
innovations.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV 1.0_en.pdf DJI Matrice http://download.dji
innovations.com/downloads/dev/Matrice/en/M100_User_Manual_v1.4_en.p df http://download.dji
innovations.com/ downloads/dev/Matrice/en/M100_Disclaimer_and_Safety_ Guidelines_en.pdf DJI S - 1000+ http://download.dji
innovations.com/downloads/s1000_plus/en/S1 000_Plus_User_Manual_v1.2_ en.pdf

### Appendix B :

1. Operations will be conducted with aircraft weighing less than 55 pounds including payload. 2. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer. 3. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL. 4. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unai ded by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license. 5. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to com municate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO. 6. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditi ons and limitations stated in this grant of exemption are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists bet ween the conditions and limitations in this exemption and the procedures outlined in the operating documents, 7. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight crit ical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test fli ght must be conducted in such a manner so as to not pose an undue hazard to persons and property. 8. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 9. Prior to each flight, the PIC mus t conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.10. The operator must follow the UAS manufacturer’s maintenance, ove rhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 11. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 12. Under this grant of exemption, a PIC must hold either an airl ine transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possessi on, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 13. The operator may not permit any PIC to operate unless the PIC demons trates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to saf ely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, profi ciency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 14. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 15. The UA may not operate within 5 nautical miles o f an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical chart, unless a letter of agree ment with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request. 16. T he UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 17. If the UAS loses communications or loses its GPS signal, the UA must retu rn to a pre - determi ned location. 18. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 19. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.20. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducte d in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA. 21. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 22. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administ rator or any law enforcement official upon request. 23. The UA must remain clear and give way to all manned aviation operations and activities at all times. 24. The UAS may not be operated by the PIC from any moving device or vehicle. 25. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: 1. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The o perator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and 2. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 26. All operations shall be conducted over private or controlled

- access property with p ermission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted. 27. Any incident, accident, or flight operation that transgress es the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

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