June 23. 2015

Exemption No. 11881 Regulatory Docket No. FAA

– 2015

– 1228

Mr. Bradley Ward Chief Pilot Empire Unmanned LLC 11559 N orth Atlas Road Hayden, ID 83835

Dear Mr. Ward :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated April 17, 2015 , you pe titioned the Federal Aviation Administration (FAA) on behalf of Empire Unmanned LLC ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial surveying, aerial photography, agriculture, wildlife and forestry monitoring, wild land firefighting support, patrolling, aerial inspection, real estate surveying, crew member training, and mapping operations

.
See Appendix A for the petition submit ted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

.
The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemptio n would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision+, DJI Phantom 2, DJI Inspire 1, DJI S1000+, and DJI S900

.2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is
not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater propo rtions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you pre sent; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Empire Unmanned LLC is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditio ns and limitations listed below.

Conditions and Limitations

In this grant of exemption, Empire Unmanned LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision+, the DJI Phantom 2, the DJI Inspire 1, the DJI S1000+, and the DJI S900 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are
not perm itted.

3. 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.

4. 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.

5. The UA must be operate d within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license

.

6. 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 communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. 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.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating4

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemptio n and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or re vise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised docu ments if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its g rant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight char acteristics, e.g.

, replacement of a flight critical 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 flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for s afe operation.

10. Prior to each flight, the PIC must 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 equi pment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins

.

13. Under this grant of exemption, a PIC must hold either an airline 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
stat e, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal5

government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. Th e operator may not permit any PIC to operate unless the PIC demonstrates 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 appropri ate 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 (traini ng, proficienc y, and experience

- building) and determining the PIC’s ability to safely 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 traini ng, proficiency, 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 no nparticipants in accordance with 14 CFR § 91.119.

15. 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 (SVF R) are not authorized.

16. The UA may not operate within 5 nautical miles of 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 symbo l as denoted o n the current FAA

- published aeronautical chart, unless a letter of agreement 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 availab le to the Administrator or any law enforcement official upon request.

17. The 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.

18. If the UAS loses com munications or loses its GPS sign al, the UA must return to a
pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginnin g 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.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The6

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

.

22. 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.

23. Documents used by the operator to ensure the safe operation and flig ht 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 Administrator or any law enfor cement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at lea st 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator 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 nonpartic ipating persons ; and b. 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 d oes not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the p roperty owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or v ertical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be7

reported to the National Transportation Safety Board (NTSB) per instructions
conta ined on the NTSB Web site: www.ntsb.gov

.
If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Acti vities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of U AS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave per mission must be made available to the inspector upon request;
g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be con ducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s M PTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on June 30, 201 7 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

Enclosures1 of 6 17 April 2015 U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Empire Un manned LLC , seeks an exemption from Federal Avia tion Regulations (“FARs”) detailed below for the DJ I Phantom 2 Vision+, DJI Phantom 2, DJI Inspire 1, DJ I S1000+ , and DJI S900

. The requested exemption would support an application for a commercial Certificate of Authorization (COA) to use th e sy stem to support aerial survey ing , aerial photography

, agriculture, wildlife and forestry monitoring, wild land firefighting support, patrolling, aerial inspection, real estate survey ing, cre w member training, and mapping operations

. By approving these exemptions, the FAA will support various industries, benefit the environment and build a new profession, all of which are in the public interest. 1

Each DJ I UAS weighs less than 55 lbs. fully loaded, will be operated at a speed no more than 87 knots, carry

neither a pilot nor passenger, carry no explosive materials or flammable liquids, and operate exclusively

within an approved COA airspace. All DJ I UA Sy stems u se a radio frequency spectrum for operation and control that complies with Federal Communications Commission (“FCC”) requirements and has integrated safet y features as described within user

man uals for each DJ I UAS. The UAS are equipped with redundant saf ety mechanisms allowing them to operate sa fel y after experiencing certain in

- flight failures. If a lost

- link event occurs, including the loss of ground communications and/or th e loss of a GPS signal, the UAS have the ability to perform a pre

- coordinated, predictable, automated flight maneuver and return to a predetermined location within a designated security parameter for landing. The UAS further have the abilit y to abort a flight in the event of unpredicted obstacles or emergencies. The aircraft will be operated in the field with both a Pilot in Command (PI C) and a ground

- based Visual Observer (VO) in accordance with FAA Order 8900.1, vol. 16 "Unmanned Aircraft Sy stems" with the following additional restrictions:

- All operations will be conducted IAW the Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA).

- All UAS operations will remain clear of manned aviation operations and activities at all times.

- All operations will occur at altitudes no more than 400 ' AG L

- Operations will be operated over private property with the permission of the land owner

- The UAS will not be operated b y a PI C from any moving device.

1 We w ill provide an explanation of equivalent level of safety for each exemption request, but will point back to the benefits to agriculture and the environment to justify why the requests are in the public interest.2 of 6

- The aircraft will not be operated within 5 NM of an airport or heliport unless prior coordination with ATC or air

port management is made

.

- Operations will be limited to day , visual meteorological conditions

- Aircraft will remain within Visual L ine of Sight of the PI C and VO at all time s.

- Wh ile the aircraft is airborne, the VO will be positioned within voice dista nce to the PIC

The PIC and VO will meet the requirements outlined in FAA Order 8900.1, volume 16, chapter 4

. The PI C will hold a t least a recreational or sport pilot c ertificate. Additionally

, the PI C will perform maintenance on the sy stem and will complete a course of maintenance instruction as
p art of their initial training. Due to the simplicity of the sy stem, we do not anticipate the need for a supplemental pilot.

We submit that the combination of the aircraft 's light weight, historicall y demon strated flight performance, fully

qualified flight crew and strict operation under the guidelines established in 8900. 1

, the FAA can have confidence that the operation will have an equivalent or greater level of safet y of manned aircraft performing the sam e mission.

The name and contact information of the applicant are:

Empire Unmanned LLC Attn: Bradley

Ward Ph: 208

- 292

- 3850 Email: bradw@adavso.com

The regulations from which the exemption is requested are as follows:

- 14 CFR Part 21

- 14 CFR 91.203

- 14 CFR 45.23, 45.29

- 14 CFR 91.9

- 14 CFR 61.113, 61.133

- 14 CFR 91.109

, 91.119

- 14 CFR 91.121

, 91.151

- 14 CFR Subpart E (91.401

- 91.417)

- 14 CFR 91.103 (b)

We are prepared to modify or amend any

part of this request to satisfy the need for an equivalent level of safety . We look forward to working with y our office

. Please contact us at any time if
yo u require additional information or clarification.

Sincerel y,

Bradley J. Ward Chief Pilot , Empire Unmanned3 of 6

Appendices : A . Exemption Request and Equivalent Level of Safet y B

. Privacy

I ssues C. Safety Assessment D . Maintenance Procedures E . User Manual s F . Training Program G

. Aviation Experience4 of 8 **Appendix A**

**EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY** 
Empire Unmanned LLC requests an exemption from the following regulations as well as an y additional regulations that may technicall y appl y t o the operation of DJ I UAS :
**14 CFR Part 21, Subpart H: Airworthiness Certificates**
This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for UAS, we request an experimental certificate be issued for DJI UAS under either or both of the fo llowing provisions:
21.191 Experimental certificates. Experimental certificates are issued for the following purposes: **(a) Research and development.**  Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft ope rating techniques, or new uses for aircraft. **(b) Showing compliance with regulations.**  Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of t yp e and suppleme ntal ty pe certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market survey s, sales demonstrations, and customer crew training , we would expect that an experimental certificate would permit our commercial purpose as well.
The aircraft will not carry persons or propert y, will not carry fuel, and will only fl y under strict operational requirements. Combined with the fact that the aircraft weighs less than 55 lbs. , we propose that DJ I UAS will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission.
If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safet y outlined in the previous pa ragraph.

**14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.**
The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additiona lly , subparagraph (b) provides that the airworthiness certificate be "display ed at the cabin or cockpit entrance so that it is legible to passengers or crew." Each DJ I UAS is too small to carry documentation, does not have an entrance, and is not capable of carry ing passengers or crew.5 of 8

To obtain an equivalent level of safet y and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard:

Manufacturer: DJ I

Model s : Phatom 2 Vision+, Phantom 2, I nspire 1, S1000+, and S900

Registered to: Empire Unmanned LLC 11559 N. Atlas Road Hay den, ID 83835

If found please contact: ( 208 )

- 292

- 3881

.

**14 CFR 45.23 Display of marks; general and 45.29 Size of marks.** 
These regulations provi de that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally , the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Each DJI UAS does not have an entrance in which the word "EXPERI MENTAL" can be placed, and may

not have a registration number assigned to it by the FAA.
We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" on the top of the aircraft, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additio nally , we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information should it be found on the ground. Finall y, we will display at the ground station a high contrast flag or banner that contain s the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within VL OS of the PIC and VO near the ground station, the banner should be visible to any one that observes the aircraft and chooses to inv estigate its point of origin.

**14 CFR 91.9**  **Civil aircraft flight manual, marking, and placard requirements.**
This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the int ent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry

documentation, the documentation wo uld not be available to the crew.6 of 8

To obtain an equivalent level of safet y and meet the intent of 91.9, we propose that a current, approved Airplane Flight Manual (appendix E) must be available to the crew at the ground station any

time the aircraft is in, or preparing for, flight.

**14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133**  **Commercial pilot privileges and limitations.**
The regulation provides that no person that holds a private pilot certificate may act as pilot in

co mmand of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employ

ment if: (1) The flight is only

incidental to that business or employment; and (2) Th e aircraft does not carry passengers or property

for compensation or hire.
Our proposed operations meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot groun d instruction" and pass "the FAA Private Pilot written examination." Since t here are currently no means available for the pilot of a UAS to gain the experience in an equivalent category and class in order to appl y for a commercial pilot's license, we propose to generate an equivalent level of safet y b y requiring our pilots to complete , at a minimum, FAA commercial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition to completing at least a recreational or spor t pilot certificate requirements

. Since the aircraft cannot carry passengers or property , we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

**14 CFR 91.109 Flight instruction; Simulat ed instrument flight and certain flight tests** 
The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The DJI UAS ground control station is b ased on a small hand

- held radio controller and, if applicable, a mobile device. W hile it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously . With both student and in structor having "hands

- on" the controls during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safet y.

**14 CFR 91.119 Minimum safe altitudes: General.**
The regulation provides that over sparsel y populated areas the aircraft cannot be operated closer than 500 feet to an y person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL , we cannot comply with this req uirement.
To provide an equivalent level of safety we will only

fl y over private property with the permission of the land owner. The land owner will be briefed of the expected route of flight and the associated risks to persons and property on the ground . We maintain that due to the small size of each DJ I UAS , the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption.7 of 8

The aircraft will be operated at an altitude allow ing, if a power unit fails, an emergency landing without undue hazard to persons or propert y on the surface.

**14 CFR 91.121 Altimeter settings.**
The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting avai lable within 100 nautical miles of the aircraft. The aircraft will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitudes in order to de

- conflict with other aircraft. As such, an appropriate altimeter measurement presented to the pilot should be Above Ground Level and should be based on the digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display

. The altitude information will be generated b y equipment installed onboard the UAS, using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the UAS PI C

. Since the aircraf

t will fl y no more than 30 minutes, even rapid changes in barometric pressure will have limited effect on the safet y of the flight.

**14 CFR 91.151 Fuel requirements for flight in VFR conditions.**
The regulation provides that no person may begin a flight i n an airplane under day

- VFR conditions unless there is enough fuel to fl y to the first point of intended landing and to fl y after that for at least 30 minutes. We feel the intention of this paragraph is to provide a reserve of
energy as a safet y buffer fo r go

- arounds and other delay s to landing.

Each DJ I UAS is battery

operated and the maximum duration of flight from a single battery charge is 30 minutes. Since the aircraft will never fly more than VLOS from the PI C and the VO

near the point of intended l anding, a full battery charge at launch will ensure that we meet the
reserve energy

requirement of this paragraph. The UAS will not be operated unless it can begin the flight with enough power to complete the intended operation and operate after that for at least five minutes or with the reserve power recommended by the manufacturer. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy ".

**14 CFR Subpart E (91.401** 

**- 91.417)** 

**- Maintenance, Preventive Maint**  **enance, and Alterations** 
The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworth y condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approve d for return to service b y a person authorized under 43.7" after maintenance and inspection. It is our intention that the PI C perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service."

The UAS w ill be maintained IAW the manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for both the sy stem and related components . Maintenance performed b y the PI C is limited to repairing small cracks, replacing a propeller, and updating software and firmware. All other maintenance will be performed b y the manufacturer. The PI C8 of 8

will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensu re an equivalent level of safet y.
Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristic will undergo a functional test flight prior to conducting further operations. Functional test flights will only be conducted by a current and qualified PIC with a VO and will remain 500 feet from other people.

**14 CFR 91.103(b)**

**– Preflight Action** 

The regulation prescribes, in pertinent part, that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight, to include, “For any flight, runway

lengths at airports of intended use, and the following takeoff and landing distance information:... For civil aircraft for which an approved Airplane or Rotorcraft Fl ig ht Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein.”

The PI C will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing a nd takeoff distances before initiation of a flight. The PIC will also account for all relevant site

- specific conditions in their preflight procedures. Risks presented by sun glare will be mitigated by the PI C’s and VO’s ability to see other air traffic and initiate a
return

- to

- home sequence if needed. However, given the limited nature on how the UAS will be used and that all operations will not be conducted within an airport environment, takeoff and landing data associated with airport data will not be appl icable. Therefore, we request relief from 91.103(b).