## Nigel Barrington Davy

6743 Sienna Club Drive • Lauderhill • Florida 33319 Tel: 914

- 364

- 9531 • Cell: 876

- 383

- 5147 • Email: n davy8721 @

gmail .com

February 17, 2016

US Department of Transportation, Docket operations
West B uilding , Ground Floor, Rm W12

- 140 1200 New Jersey Avenue, SE., Washington, DC 20590

VIA Federal Document Management System

Name and Address of the Petitioner / Applicant / Operator Nigel Barrington Davy
6743 Sienna Club Drive,
Lauderhill Florida, 33319 Email: ndavy8721@gmail.com

Tel: 914

- 364

- 9531

Cell: 876

- 383

- 5147

Dear Sir or Madam : Re: Request for Exemption under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, I Nigel Davy, with address at 6743 Sienna Club Dr ive, Lauderhill,

Florida 33319 , the petitioner, respectfully requests exemptions from several provisions of

the Feder al Aviation Regulations ("FAR") in order to legally operate Unmanned Aircraft Systems (UAS) in the National A irspace System (NAS).

Specific Applicable Regulations from which Relief is sought I hereby request specific relief / exemption from the following CFRs to operate our fleet of

UAS:

1. 14CFR 21 H

2. 14 CFR 45.23 (b)

3. 14 CFR 61.113 (A) 7 (b)

4. 14 CFR 91.7 (a)

5. 14 CFR 91.9 (b)(2) 6. 14 CFR 91.103 (b)

7. 14 CFR 91.109

8. 14 CFR 91.119

9. 14 CFR 91.121

10. 14 CFR 91.151 (a)– 2

– February 17, 2016

11. 14 CFR 91.203 (a) & (b)

12. 14 CFR 91.405 (a)

13. 14 CFR 91.407

14. 14 CFR 91.409 15. 14 CFR 91.417

16. 14 CFR Title 14 Chapter 1 Sub D Part

60 thru 67

- 61.1 to 61.429

Reasons why an Exemption will not adversely affect safety or how the exemption will provide a level of safety at least equal to existing rule:

We are committed to comply with all safety protocols established by the FAA, the original equipment manufacturer and those we implement to further enhance the safety of our UAS. We will continue to explore ways to improve safety even after our exemption is granted

. The following setsforth our reasons why granting an exemption will not adversely affect safety:

1. The UA S are powered by batteries, are smaller, lighter and more maneuverable than larger aircraft operating on liquid fuels. With the advanced technology that they employ, the UAS can be safely operated at lower altitudes, with no people onboard

and will therefo re reduce risk levels, enhance safety and diminish the risks of death or serious bodily injury. With their limited flight time, secure and proper control when not in use, the UAS provides limited risks to national security.

As a Commercial Pilot and a fo rmer member of the United States Civil Air Patrol I am committed to national security and airspace safety.

2. I will operate my UAS consistent with FAA Policy N8900.227 Section 14 “Operational requirements for UAS,” consistent with the guidelines establishe d by the Original Equipment Manufacturers (OEM) and with the following restrictions , unless specific waiver or approval is granted by the FAA, appropriate government agencies or individuals with authority :

a. All UAS operation will be with a PIC and a V isual O bserver (VO)

. b. Prior to the launch of any UAS, I will conduct a preflight inspection consistent with the OEM published user manual (attached), which will be our flight and operations manual.

c. Flight data, visual inspections, recorded observations and flight analyses will
be maintained to further enhance safety.
d. No flight will be made with a UAS with gross weight exceeding 55 pounds.

e. All operations will occur in FAA Class G airspace at no more t han 400 ft. AGL,– 2

– February 17, 2016 at an airspeed of no more than 100MPH or 87 knots and within Visual Line of Sight (VLOS);
f. Operations will be restricted to flights over property with the permission of the property owner;

g. All required permits will be obtained from state and local government prior to operation; h. The UAS will not be operated over densely populated areas;
i. The UAS will not be operated at air shows; j. The UAS will not be operated over any open

- air assembly of people;
k. The UAS will not be operated over heavily t rafficked roads without the approval of the state, federal or local authorities.
l. The UAS will not be operated within 5 NM of an airport or heliport without expressed permission of the controlling ATC facility , agency or owner.

m. Operations will be restricted to day only and weather conditions equivalent to
VFR.

n. The PIC will brief the VO and property owner about the operation and risk before the first flight at each new location;

3. Other Safety Features of UAS that will Provide an Equivalent Level of Safety
Th e UAS has several safety features that will further enhance the safety of the public
and our operations. These are detailed in the respective User Manuals attached:

a. Return to Home (RTH). This is a feature that can be manually activated via the computer user interface or via a “Return to Home” button on the Ground Control Station (GCS). The feature will be automatically triggered in the event of:

a. Critically low battery.

b. Loss of communication signal between the GCS and the UAS

i. If the RTH is triggered, the UAS will automatically climb to the pre

programmed “Safe Altitude” then fly back to the GPS coordinated

pre

- set home point and automatically land.

b. Hover in Place The quad copters will stop and hover in place if the controls are neutralized (all hands off g round control station). This is useful if the PIC becomes disoriented and needs to regain orientation.

c. Collision Avoidance The Matrice 100 has collision avoidance technology that will maneuver to avoid obstacles 360 degrees around it, even if the operator intentional attempts to

collide in an obstacle.

4. I will operate my UAS's in tightly controlled and limited airspace. Predetermined, specifically marked areas of operation, sectioned off locations will allow me to– 3

– February 17, 2016 operate within current safety regulations and any new ones that may be promulgated.

5. The operation of our UAS’ will not "create a hazard to users of the national airspace system or the public." 112 P.L. 95 § 333

. Given the small size and weight of the UAS combined with their operation within well

- controlled areas, our UAS’ fall within Congress's contemplated safety zone when it published the Reform Act and the corresponding directive to integrate UAS's into the nat ional airspace system.

6. The UAS that we operate have an outstanding safety record and by our compliance with the OEM operations manual and the safety guidelines established by the FAA to which we are committed to comply, the threat to the general public o r national

secur ity is significantly minimized.

How Exemption will be in the Public Interest

. The following outlines how I believe our UAS operation will be in the Public I nterest:

1. The enhanced safety achieved using UAS with the specifications described and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel is in the public interest.

2. Grantin g us an exemption furthers the public interest in that Congress has already pronounced that it is in the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act.

3. Our operation will create jobs and generate tax revenues for our economy and furthers the growth of small business and GDP.

4. With an Exemption approval, my UAS could be made available to augment the resources of federal, state and local agencies in the event of a natural dis aster.

Description of Intended Operation The requested exemption would support an application for a commercial certificate of Authorization (COA) to use the above UAS to support the following commercial business:

1. Aerial Videography and Photography

2. Industrial and Agricultural Mapping and Data Collection.

3. Mapping and GIS (survey grade construction mapping and monitoring.– 4

– February 17, 2016

4. Construction, Building Inspection and Mapping

5. Power line, Substation, Cell Tower and other infrastructure Inspection

– FLIR

6. Livestock Management

7. Search and Rescue

8. UAV Training

The Make and Model of the U n manned Aircrafts Systems (UAS):

The make and model of our fleet of UAS is listed in T able

- 1 below :

Table

- 1

Item UAS Model Original Equipment
Manufacturer (OEM) Maximum
Take

- off Weight (MTOW)

-

Pounds Operating Frequency for
Control Navigation
Enabled Data
Communication

/ Telemetry Payload

1 Phantom
3 Pro DJI (Da

- Jiang Innovators) 2.82 2.4 / 5.7
GHz GPS +
GNSS DJI Light Bridge Camera

2 Inspire 1
Pro DJI (Da

- Jiang Innovators) 7.71 2.4 / 5.7
GHz GPS +
GNSS DJI Light Bridge Camera,
FLIR

3 Matrice
100 DJI (Da

- Jiang Innovators) 7.5 2.4 / 5.7
GHz GPS +
GNSS DJI Light Bridge Camera, FLIR, LIDAR,
NDVI

4 S1000+ DJI (Da

- Jiang Innovators) 24.25 2.4 / 5.7
GHz GPS +
GNSS DJI Light Bridge Camera, FLIR, LIDAR,
NDVI

5 AGRAS
MG

- 1 DJI (Da

- Jiang Innovators) 52.9 2.4 / 5.7
GHz GPS +
GNSS DJI Light Bridge Agri Equipment

6 Ebee Ag Sensefly 1.56 2.4 Ghz GPS Wi

- Fi Modem
link Camera,
NDV I

7 Ag Eagle Rapid Agile 6.5 2.4 GHz GPS Wife Modem
link Camera,
NDVI

With the exception of the Agile and the Ebee Ag, t he UAS are all Vertical Takeoff and Landing Systems (VTOL) Quadcopters and Octocopters. The Phantom 3, Inspire 1 and Matrice are quad

- copters while the S1000+ and AGRAS MG

- 1 are octocopters.

The Ground Station

- based Part of the Systems:

1. Pilot in Command (PIC) in operational control of a flight from beginning to end and

who controls the UAS while in the air.

2. A 2.4 Ghz radio transmitter/controller operated by the PIC to co ntrol the UAS while– 5

– February 17, 2016
in flight.

3. A radio receiver receiving live video and flight data from the onboard camera and computer control system and projects it all together onto a computer system in real

time via the Lightbridge system.

4. A Visual Observer (VO) who will provide a second pair of eyes to visually track the UAS while in flight.

Aircraft Flight, Operations and Maintenance Manuals

The “User Manuals ” published by the original equipment manufacturer and “Release Notes and Bulletins” that are published from time to time, will serve as our aircraft flight, operations and maintenance manuals. These will be strictly adhered to and a record of all updates will be strictly maintained. The manuals are attached as part of this application.

Operating and C ontrol Frequencies of the UAS

Per Table

- 1 above, the operating and control frequency range of the UAS is 2.400GHz to

2.483GHz and 5.725 GHz to 5.825 GHz.

Specifics on Operator and Operations Nigel Davy will be the Chief Pilot and has the following qualifications:

1. Commercial Pilot Certificate No. 100742146 Ratings: Airplane Single Engine Land (ASEL)/Airplane Multi

- Engine Land (AMEL) with Instrument Rating
2. Advanced Ground Instructor

– Instrument

– Certificate No. 100742146
3. Airframe & Powerplant Mechan ic

– Certificate No. 100742146
4. Federal Communications Commission (FCC) Radiotelephony License with Radar
Endorsement
5. Air Traffic Controller
6. Captain

– United States Civil Air Patrol (US Air Force Auxiliary).
7. BT, Aerospace Engineering Technology

a. UAV Training

i. DJI University

ii. Embry Riddle Aeronautical University

– UAS, Key Concepts for New Users.

iii. Ongoing self

- certifiable training.– 6

– February 17, 2016

Addendum

The Petitioner requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of UAS's.

1. 14 CFR 21H and Part 36: Airworthiness Certificates

-- Certification Procedures for

Products and Parts

Reason for Ex emp tion : It has been determined that similar UAS's do not require an airworthiness certificate as granted in Exemption No. 11623, 11650, 11664 and 11734.

2. 14 CFR 45.23(b): Marking of the Aircraft: These regulations provide 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.

Reason for Ex emption : 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 work "EXPERIMENTAL" can be placed. Given the size

of the UA S, two

- inch lettering will be impossible. The word "EXPERIMENTAL" will be placed on the fuselage in compliance with 45

. 29 (f).

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

3. 14 CFR 61.113 (A) 7 {b): Private Pilot Privileges and Limitations: The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person: (1) has a pilot certificate or special purpose author ization issued under this part in that person's physical possession or readily accessible. (2) The flight is only incidental to that business or employment. (3) The aircraft does not carry passengers or property for compensation or hire.

Reason for Exempt ion : The Petitioner will follow all manufacturers' training program and safety manual. I also believe these requirements are unnecessary for pilot controlled UAS flight. Additionally, current FAA proposals have omitted this as a future requirement for smal l UAS ' s.– 7

– February 17, 2016

4. 14 CFR 91.7 (a): Civil Aircraft Airworthiness Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

Reason for Exemption : It has been determined that similar UAS's do not require an

a irworthiness certificate, however the petitioner will ensure airworthiness through the combined use of the manufacture's Operations Manual and preflight checks

.

5. 14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft

. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We reque st an exemption to this requirement since the aircraft is not only too small to carry documentation; the documentation would not

be available to the crew

.

Reason for Exemption : The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will

have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption #8607, 8737, 8738, 9299, 9299A to list a few.

6. 14 CFR 91.103 (b): Preflight Inspection This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight.

Reason for Exemption : As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The petitioner will take all actions recommended in the OEM user manual, including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

7. 14 CFR 91.109: Flight Instruction 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."

Reason for Exemption : UAS's and remotely piloted aircraft, by their design so not

h ave fully functional dual controls. Flight control is accomplished through the use of

a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual

controls for a number of aircraft and for flight instruction in experimental aircraft.– 8

– February 17, 2016 See exemption Nos. 5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passenger will be carried in the aircraft and by the size and speed of the aircraft.

8. 14 CFR 91.119: Minimum Safe Altitudes: The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, we cannot comply with this requirement.

Reason for Exemption : The use of UAS will be flown no higher than 400 feet AGL in VLOS over developed and developing residential areas that may be considered congested areas

. That will not always be the case when providing a 'Property Survey ' flight because they could be conducted over empty lots or acreages with no structures. In the case of flying over or near existing private property while providing aerial imagery, property inspections, and property assessments,

landowners will be notified in person by the Petitioner, or by a card left behind by the Petitioner if requested. The Petitioner will review with the landowners of associated risks to people and property. Due to the small size of the UAS the associated risk to persons, vessels, vehicles and structures is not comparable to

manned aircraft and should be taken into consideration.

9. 14 CFR § 91.121 A ltimeter Settings This section requires that 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 below 18,000 feet MSL.

Reason for Exemption: Our UAS do not have a barometric altimeter. They utilize

onboard GP S that will calculate altitude. The Petitioner will limit flights to a maximum altitude of 400 feet AGL as granted in Exemption No. 11623, 11664, and

11734.

10. 14 CFR 90.151 (a) Fuel Requirements for Flight in VFR Conditions Fuel requirements for flight in VFR conditions: (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed. (1) Durin g the day, to fly after that for at least 30

minutes.– 9

– February 17, 2016 Reason for Exemption: Our UAS provide a low battery warning to indicate when you should return the UAS to the launch point. In addition, a "low" and "critical" battery level warnings and implemented a n "automated return to Home" (or "Go land") action in these situations. The Petitioner will not initiate a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and all flights will be conducted during daylight hours and at times not to be a nuisance to others.

11. 14 CFR 91. 203 (a) & (b): Carrying Civil Aircraft Certification and Registration This regulation provides as follows:

a. No person may operate a civil aircraft unless it has 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 19.715 is dis played at the cabin or cockpit entrance so that it is legible to passengers or crew.

Reason for Exemption : To obtain an equivalent level of safety and meet the intent of 91.203, documentation will be housed at a ground control point where the pilot is fly ing the UAS for immediate access to the extent they are applicable to the UAS's. The FAA has issued numerous exemptions to this regulation.

12. 14 CFR 91.405: Maintenance Inspections: Each owner or operator of an aircraft

- (a) shall have that aircraft inspect ed 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.

Reason for Exemption : The Petitioner shall inspe ct the aircraft prior to every flight. The Petitioner also will follow the manufacturer's recommended preflight checklist and make any repair necessary before flights occur. The Petitioner will also maintain a log of any maintenance or repairs performed.

13. 14 CFR 91.407 Maintenance Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) No person may operate any aircraft that has under gone maintenance, preventative maintenance, rebuilding, or alteration unless (1) it has been approved for return to service by a person authori zed under 43.7 of this chapter.– 10

– February 17, 2016

Reason for Ex emp tion : The Petitioner who has the responsibility for the operation and safety of the UAS will follow the manufacture r s suggested and recommended replacement parts.

14. 14 CFR 91.409 (a){l) & (2): Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had (1) an annual inspection in accordance wit h part 43 of this chapter and has been approved for return to service by a person authorized by 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an "annual" inspection in the required maintenance records.

Reason for Exemption : The Petitioner will follow manufacturer's suggestions to ensure that the UAS is in a condition for safe flight at all times.

15. 14 CFR 91.417 (a) & (b): Maintenance Records : Except for work performed in accordance with 91.411 and 91. 413 each registered owner or operator shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(vi) for the periods specified in paragraph (b) of this section: (1) (2) (3)

Reason for Exemption: The Petitioner will keep a record of all repairs and modifications. The Petitioner also proclaims to use approved manufactured parts for all repairs and modifications.

16. 14 CFR Title 14 Chapter 1 Subchapter D Parts 60 thru 67

- 61.1 to 61.429: Pilot

Certific ation This section pertains to flight rules, pilot certificate requirements, manuals, etc. Reason for Exemption : The Petitioner believes that these requirements are unnecessary for pilot controlled drone flights and current FAA proposals have
omitted thi s as a future requirement for small UAS's.

Summary I, Nigel Davy , the Petitioner respectfully requests an exemption from the above mentioned Federal Air Regulati ons in order to legally operate Unmanned Airc r aft Systems (UAS)

within the National Airspace System consistent with the purpose outlined, considering the– 11

– February 17, 2016

fact that the FAA ha s granted similar exemptions as follows: Exemption Nos. 11062 to Astraeus Aerial ( see Docket No. FAA

− 2014

− 0352), 11109 to Clayco, Inc. ( see Docket No.

FAA

− 2 014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA

− 2014

− 0382), 11213 to Aeryon Labs, Inc. ( see Docket No. FAA

− 2014

− 0642), and 12645 to Allied Drones ( see Docket

No. FAA

- 2014

- 0804)

.

Sincerely,

Nigel Barrington Davy 6743 Sienna Club Drive, Lauderhill Florida, 33319 Email: ndavy8721@gmail.com
Tel: 914

- 364

- 9531
Cell: 876

- 383

- 5147