Petitioner:

DroneSpeak, LLC

2527 Sunlight Beach Rd

Clinton, WA

98236

Member:

John Githens

Owner, DroneSpeak, LLC

Consultant, DroneSpeak, LLC

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 11.81, DroneSpeak, LLC (hereinafter referred to as “DRONESPEAK”),

hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow

DRONESPEAK to operate an Unmanned Aircraft System (UAS) to conduct aerial imaging for

the purposes of environmental monitoring, training, structural inspection, precision agriculture,

special events, and real estate using the following aircraft:

1. DJI Phantom 3

2. 3D Robotics Solo

All operations shall be conducted within and under the conditions and limitations outlined

previously by the FAA as required by Section 333 and conducted in compliance with the

attached operator’s manuals.

14 C.F.R. 61.23(a) and (c)

14 C.F.R. 61.101(e)(4) and (5)

14.C.F.R. 61.113(a)

14 C.F.R. 61.315(a)

14 C.F.R. 91.7(a)

14 C.F.R. 91.119(c)

14 C.F.R. 91.121

14 C.F.R. 91.151(a)(1)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)(1)

14 C.F.R. 91.409(a)(1) and (2)

14 C.F.R. 91.417(a) and (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Sections

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to

consider whether certain unmanned aircraft systems may operate safely in the national airspace

system (NAS) before completion of the rulemaking required under Section 332 of the Reform
Act. In making this determination, the Secretary is required to determine which types of sUAVs

do not create a hazard to users of the NAS or the public or pose a threat to national security in

light of the following:

● The sUAV’s size, weight, speed, and operational capability;

● Operation of the sUAV in close proximity to airports and populated areas; and

● Operation of the sUAV within visual line of sight of the operator.

The sUAS that DRONESPEAK proposes to use are multirotors and weigh 55 or fewer lbs.

Including payload. They operate, under normal conditions, at a speed of no more than 50

knots. They will operate at altitudes of no more than 400 feet, as further explained, and only

within line of sight. They will operate as set forth in the attached manuals. Operations in

compliance with these manuals will ensure that the sUAV will “not create a hazard to users of

the national airspace system or the public” and that the aircraft will operate in compliance with

the conditions set forth in this application.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY/NATIONAL SECURITY

DRONESPEAK states that operations will comply with the conditions set forth in previously

approved exemptions of like aircraft for sUAS aerial photography. Approval of exemptions

allowing commercial operations of sUAVs for aerial data collection will enhance safety by

reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely

low altitudes just feet from the subject being photographed and in extreme proximity to people

and structures and present the risks associated with vehicles that weigh in the neighborhood of

6,000 lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters). Such

aircraft must fly to and from the project location. In contrast, a sUAV weighing fewer than 55

lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and

lack of combustible fuel carried on board. The sUAV is carried to the target area and not flown.

The sUAV will carry no passengers or crew and, therefore, will not expose them to the risks

associated with manned aircraft flights. These lightweight aircraft operate at slow speeds, close

to the ground, and in areas that are under the control of the operator and, as a result, are far

safer than conventional operations conducted with larger manned aircraft operating in close

proximity to the ground and people.

Given the small size of the sUAS involved and the restricted environment within which they will

operate, DRONESPEAK falls within that zone of safety (an equivalent level of safety) in which

Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAVs

to commence immediately. Also, due to the size of the sUAVs, the restricted areas in which

they will operate, and the fact that they will be flown by pilots holding at least an FAA sport or

recreational pilot license, approval of the application presents no national security issue.

PUBLIC INTEREST

Granting the request would benefit the public by:
a. Providing members of local volunteer organizations with a way to learn and experience legal

application of sUAS technology for environmental monitoring of floating kelp, eelgrass and other

habitat.

b. Providing county agencies with a way to inspect shore armoring structures prior to removal to

restore natural processes and habitats in compliance with Shoreline Master Programs.

c. Reducing chemical runoff from over­application of potentially harmful materials on crops, by

providing growers with increased crop management data and corrective actions.

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal

Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §§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), 91.405(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) to

operate commercially a small unmanned vehicle (55 lbs. or less) in environmental monitoring,

training, structural inspection, agricultural, special event photography or videography, and real

estate applications.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight,

speed, operating capabilities, proximity to airports and populated areas and operation within

visual line of sight and national security – provide more than adequate justification for the grant

of the requested exemption allowing commercial operation of applicant’s sUAV for the Purpose

outlined herein and are consistent with exemptions already granted. Accordingly, the applicant

respectfully requests that the FAA grant the requested exemption without delay.

John Githens

DroneSpeak, LLC

APPENDIX A

14 C.F.R. § 61.23(a) and (c): Medical Certificates: Requirement and Duration

Sections 61.23(a) and (c) address the requirement of medical certificates for pilots. Section

61.23(a) requires a person exercising the privileges of a recreational pilot to hold at least a third

class medical certificate. Section 61.23(c) permits the holder of a sport pilot certificate to act as

PIC of a light­sport aircraft with either a medical certificate or U.S. issued driver’s license.

Light­sport aircraft may weigh up to 1,430 pounds and seat up to two persons, including the

pilot. Comparatively, the proposed aircraft will weigh fewer than 5 pounds, and not carry pilots,

passengers, or cargo. The UAS will also be operated within visual line of sight of the PIC and

below 400 feet above ground level and limited to operations with permission over private or

controlled­access property.

Given these safety parameters, DRONESPEAK requests that the FAA waive Section 61.23(a)

upon a finding that an equivalent level of safety will be provided by allowing operation of the

aircraft by pilots with a recreational or sport pilot certificate and a valid U.S. state issued driver’s

license, in lieu of an FAA­issued medical certificate. Applicant also requests that the FAA grant
relief from Section 61.23(c) to allow sport pilot certificate holders to operate aircraft other than

light­sport aircraft with a valid U.S. issued driver’s license. The FAA has granted exemptions to

conduct similar operations in a number of cases, including Exemption 11213.

14 C.F.R. Part 61: Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non­commercial operations. Section 61.315(a)

addresses the privileges and limitations of the holder of a sport pilot certificate.

Because the sUAV will not carry a pilot or passengers, the proposed operations can achieve the

equivalent level of safety of current operations by requiring the PIC operating the aircraft to hold

a certificate issued by the FAA authorizing operation of any aircraft (ATP, Commercial, Private,

Recreational or Sport). Unlike a conventional aircraft that carries the pilot and passengers, the

sUAV is remotely controlled with no living thing on board. The area of operation is controlled

and restricted, and all flights are planned and coordinated in advance as set forth in the manual.

The level of safety provided by the requirements included in the manuals exceeds that provided

by a single individual holding a commercial pilot’s certificate operating a conventional aircraft.

The risks associated with the operation of the sUAV are so diminished from the level of risk

associated with commercial operations contemplated by Part 61 when drafted, that allowing

operations of the sUAV as requested with any certificate issued by the FAA as the PIC greatly

exceeds the present level of safety achieved by 14 C.F.R. Part 61. The FAA has granted

exemptions for private and sport or recreational pilots to conduct similar operations in

Exemptions 11062, 11213, 11360 and 11447.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically,

91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet

above the surface, except over open water or sparsely populated areas. In those cases, the

aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, DRONESPEAK operations will never operate at higher than 400 feet AGL.

They will, however, be operated to avoid congested or populated areas that are depicted in

yellow on VFR sectional charts. Because aerial survey work must be accomplished at relatively

low altitudes and at altitudes less than 400 feet AGL, an exemption from Section 91.119(c) is

needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with

which the proposed sUAS are built. Also, no flight will be taken without the permission of the

landowner or those who control the land. Because of the advance notice to the landowner, all

affected individuals will be aware of the survey flights. Compared to aerial survey operations

conducted with aircraft or rotorcraft weighing far more than the DJI Phantom 3 or 3DR Solo and

carrying flammable fuel, any risk associated with these operations will be far less than those

currently allowed with conventional aircraft operating at or below the same altitude. The

low­altitude operations of the sUAS will maintain separation between these sUAS operations

and the operations of conventional aircraft that must comply with Section 91.119. The FAA has

granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and

11447.
14 C.F.R. § 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate

altimeter setting available before departure.” As each sUAS model in at least one operating

mode will not have a barometric altimeter, but instead a GPS altitude read out, an exemption

will be needed. An equivalent level of safety will be achieved by the operator, pursuant to the

manuals, confirming the altitude of the launch site shown on the GPS altitude indicator before

flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062,

11213, 11360 and 11447.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 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, assuming normal cruising speed – (1) During the day,

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the sUAS limits the duration of a flight. To meet the 30­minute reserve

requirement in 14 C.F.R. § 91.151, sUAV flights would be severely limited, in some cases to

approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area

and the location of its proposed operations within a predetermined area, a longer time frame for

flight in daylight or night VFR conditions is reasonable.

Applicant believes that an exemption from 14 C.F.R. § 91.151(a) falls within the scope of prior

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without

compliance with FAR 91.151 (a)). Operating the sUAS, in a tightly controlled area where only

people and property owners or official representatives who have signed waivers will be allowed,

with less than 30 minutes of reserve fuel, does not engender the type of risks that Section

91.151(a) was intended to alleviate given the size and speed of the sUAV.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to five

minutes of reserve time on the batteries. This restriction would be more than adequate to return

the sUAV to its planned landing zone from anywhere in its limited operating area. Similar

exemptions have been granted to other operations in Exemptions 2689F, 5745, 10673, 10808

and Exemptions 11062, 11213, 11360 and 11447.

14 C.F.R. Part 91: Maintenance Inspections

Section 91.405(a) requires that an aircraft operator 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 . . . .” Section 91.407 similarly makes reference to requirements in Part 43; Section

91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate.

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots

and records of approval of the aircraft for return to service.
Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate,

these sections will not apply to the applicant. Maintenance will be accomplished by the operator

pursuant to the manuals. An equivalent level of safety will be achieved because these sUAS

are very limited in size and will carry a small payload and operate only in areas for limited

periods of time. If mechanical issues arise, the sUAS can land immediately since it will be

operating from no higher than 400 feet AGL. As provided in the manuals, the operator will

ensure that the sUAS is in working order prior to initiating flight, perform required maintenance,

and keep a log of any maintenance performed. Moreover, the operator is the person most

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition in order

to provide the equivalent level of safety. The FAA has granted exemptions for similar operations

in Exemptions 11062, 11213, 11360 and 11447.