August 13 th, 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

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

Dear Sir or Madam Attached please find SSDroneking’s request for an exemption from the listed Federal Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft Systems, hereby referred to as “UAS” for aerial imaging for the purpose of aerial photography and videography of
rea l estate, personal property, golf courses, and resort properties, etc. This exemption request is exclusively for the use of the UAS manufactured by DJI, Inc., A Shenzhen based company in China. Specifically a DJI Phantom 3 professional. SSDronekings will incorporate its UAS Flight Manual , which is the product of several flight manuals gathered from companies recently granted Section 333 exemption. This flight manual outlines the operating requireme n ts, limitations, and technica l specifications for the SSDronekings system. SSDronekings has reviewed this manual and found it to be acceptabl e for UAS operations at its project sites. Thank you for your time and consideration, and please let me know if yo u have any questions
Sincerel y, 

## Peter James Brown

Founder SSDronekingsU. S. Department of

Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91 .409 (a) (2); 91.417 (a) & (b).
Dear Sir or M adam:
Pursuant to Section 3 33 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, SSDronekings, a photography and videography start

- up company, hereby applies for an exempt i on from the listed Federal Aviation Regulations ("FARs") to allow commerci al operation of its Small Unmanned Aircraft Systems ("UAS") for aerial imaging of real estate, resort properties, golf courses, accident and natural disaster scene investigations, so long as such op e rations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. As detailed i n this document, the requested exemption would permit the operation of UAS un d er controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices safety protocols followed by SSDronekings at each one of its operating sites. Approva l of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "...establish requirements for the safe operation of such aircraft systems in the national airspace system." Sectio n 333(c) of the Reform Act. The name and address of the applicant is:
Peter Brown Founder: SSDronekings
PH: 781

- 724

- 1517 Email: SSDronekings@gmail.com Address: 67 Fosdick Road, Carver, MA. 02330Regulations from which the exemption is

requested:
14C.F.R.Part21 14 C.F.R. 45.23(b) 14C.F.R.61.113(a)&(b) 14C.F.R.91.7(a) 14 C.F.R. 91.9 (b)(2)
14 C.F.R. 91.103
14 C.F.R. 91.109
1 4 C.F.R

. 91.119
1 4 C.F.R

. 91.121 14C.F.R.91.151(a) 14C.F.R.91.203(a)&(b) 14C.F.R.91.405(a)
1 4 C.F.R

. 40 7 (a ) (1) 14C.F.R.409(a)(2) 14C.F.R.417(a)&(b ) **I. STATUTORY AUTHORITY FOR EXEMPTIONS** The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including UAS, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this secti o n or any sections 4470 2

-44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1). Section 333(b) of the Reform Act assists the Sec retary in dete r mining whether UAS may operate in the National Airspace System (NAS) without creating a hazard to theuser, the public, or a threat to national security. In making this determination, the

Secretary must consider: • The UAS's size, weight, speed, and op e rational capability; • Whether the UAS operates within the visual line of sight of the operator • Whether the UAS operates outside of highly populated areas and away from close proximity to airports
Reform Act §333(a). If the Secretary determines that a UAS "may operate safely in the national airspace system, the Secretary shall estab lish requirements for the safe operation of such aircraft in the national airspace system." Id

. §333(c). SSDronekings UAS are multirotor vehicles, weighting 10 or fewer l b s. including pay load. They operate under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The UAS wi ll operate only in the pilot's visual line of sight at all times and will opera te only within the sterile area. Given the small size of the UAS involved and the restricted and sterile environment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS to commence immediately, Also d ue to the small size of the UAS and the low altitudes and restricted areas in which our UAS will operate; approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and t h e significant public benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly, SSDronekings respectfully requests that the FAA grant the requ ested exemption without delay.
**II. PUBLIC INTEREST** This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether c ertain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant safety precautions in low risk environments. The use of UAS o n a accident scene or during a natural disaster can signific antly reduce the risk to emergency officials while their investigation . UAS can inspect, photograph, and collect data on hard to get to areas tha t otherwise would require inspection.Add itionally, UAS could replace the use of helicopters and small aircraft to perform aerial

videography . The UAS we propose to fly in this application are less than five pounds, and carry no combustible material on board, as opposed to the much larger conventionally powered s mall aircraft. Shifting to UAS from helicopters presents a marked safety increase for safety officials and the public. Lastly, UAS reduce the e nvironmental impact by dramatically decreasing the energy used for aerial imaging. Our UAS use s rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier.


### III. EQUIVALENT L EVEL OF SAFETY SSDronekings proposes that the exemption requested herein apply t o civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the propos e d operations represent a safety enhancement to the already safe protocols used by helicopters and other conventional aircraft. SSDronekings will be bound by the following limitations wh e n conducting its UAS operations under an FAA issued exemption:
1. The UAS will be less than 20 pounds.
2. Flights will be operated within visual line of sight of a pilot.
3. Maximum total flight time for each operational flight will be 1 8 minutes. T h e UAS calculates battery reserve in real time, and will return to its ground station with at least 20% battery power reserve should that occur prior to the 30 minute limit.
4. Flights will be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL.
5. Crew for each operation will consist of the UAS pilot who will keep the UAS within hi s/her visual line of sight at all times. As well as a camera operator focusing on photo/video compositio n
. 6. The UAS pilot will be trained in flight, op e rations, and safety procedures.
7. The UAS will only operate within a confined secure area with a safety circumference of 100ft

. 8. A briefing will be conducted in regard to the planned UAS operations pri or to each day's production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator

will obtain additional verbal or written consent of all persons who will be allowed within 100 feet of the flight operation. 10. The pilot will have been trained in operation of UAS generally and received u p -to

date information on the particular UAS to be operated.
11. Written a n d/or oral permission from the relevant property holders will be obtained.12. All required permissions and permits will be obtained from territorial, state, county

or city jurisdictions, in cluding local law enforcement, fire, or other appropriate governme n tal agencies. 13. If the UAS loses communications or loses its GPS signal, it will have capability to return to a pre - determined location within the Security Perimeter and land. 14. The U AS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. Using a HOME button that, when activated will immediately return the UAS to its take off point.
**IV. DESCRIPTION OF SPECIFIC REGULATIONS 14 CFR Part 21,**  **Subpart H: Airworthiness Certificates 14 C.F.R. §91203(a)(1)**  Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limi ted operating area associated with the aircraft to be utilized by the SSDronekings, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Fed e ral 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. Our small UAS will be operated at low speed in a controlled environment, at least five miles from an airport and more than three miles from any city or densely populated area. An analysis of these criteria demonstrate s 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 helicopter) operating with an airwo rthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclus i vely within a secured area . Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to the Manual's requirements, and under the requirements and in compliance w i th local public safety requirements, to provide security for the area of operation as is currently done on active construction sites. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft, provide a greater degree of safety to the public and property owne rs than conventional operationsconducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H.

Lastly, application of these s ame criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and ability to carry an external load no g reater than two lbs. **14 C.F.R. 45.23(b): Marking of the Aircraft** This regulation requires certain experimental, provisionally certificated aircraft, or ligh t

- sport category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "ligh t

- sport," "experimental," or "provisional," near each entrance t o a cabin, cockpit, or pilot station. 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 "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety 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." The FAA has issued the following exemptions to this regulat i on: Exemptions Nos. 10700, 8738, 10167 and 10167A. **14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command**  Sections 61.113 (a) & (b) limit private pilots to no n - commercial operations. Because the UAS will not carry a pilot or pa s sengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the pilot operating the aircraft to have completed a UAS flight training course and operated the UAS safely for 100 hours. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely c ontrolled with no living thing or cargo on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance . The risks associated with the operation of the UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

**14 C.F.R. 91.7 (a): Civil aircraft airworthiness**Th e regulation requires that no person may opera t e 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 regulatory standard will exist for determ ining airworthiness. Given the size of the aircraft and the requirements contained in the Manual for maintenance and use of safety checklists prior to each flight, as set forth in Section B and Section G, an equivalent level of safety will be provided.
**14 CFR 91.9 (b)(2): Civil aircraft flight manual,**  **marking, and placard requirements** The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item o n the aircraft. 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 Nos. 8607, 8737, 8738, 92 99, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. **14 C.F.R. 91.103: Preflight Action** This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirem ent as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist in the Manual. These actions wi ll provide an equivalent level of safety. **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 fully fun ctioning dual controls. By design, UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communica t ions. The FAA has previously approved exemptions for aircraft without fully functional dual controls. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to
con trol the UAS via radio signals from the controller, and by 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 prescribed for helicopters by the FAA. This exemption is for a multi

- rotor craft that flies similarly to a he l icopter, with vertical takeoff and vertical landing, which will typically operate at altitudes of 200 AGL, so an exemption may be needed to allow such operations. The UAS will never operate at altitude higher than 400 AGL and will be in a restricted
area with security perimeter, where buildings and people will not be exposed to operations without their pre - obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight wi ll be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and any onsite personnel as outlined in the Manual, all affected individuals w ill be aware of the planned flight operations. Co mpared to flight operations with aircraft or rotorcraft weighting far more than the maximum 10 lbs. proposed herein and carrying flammable fuel, any risk associated with our operations is far less than those presently presented with helicopters and other
c onventional aircraft operating at or below 500 AGL in the construction industry. In addition, the lo w- altitude operations of the UAS will ensure separation between these smal l

- UAS operations and the operat i ons of conventional aircraft that must comply wit h Section 91.119. **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 the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.
**14 CFR 91.151** (a): **Fuel requirements for flight in VFR conditions** Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our UAS is limited to operations in sterile and controlled enviro nments as outlined , and has a limited range and flight time which require an exemption from 14 CFR 91.151(a).The battery powering the UAS provides approximately 18 minutes of powered flight.

To meet the 1 8 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 5 minutes in length. Given the limitations on the UAS's proposed flight area a n d the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. SSDronekings believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. S ee Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers wi l l 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 small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce t he utility for which the exemption will be granted. An equivalent level of safety can be achieved by limiting flights to 30 minutes, or enough battery reserve to ensure that the UAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring system and the pilot), whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating
area. Similar exemptions have been grant ed to ot her operations, including Exemptions 2689F, 5745, 10673, and 10808. **14 CFR 91.203 (a)** & **(b): Carrying civil aircraft certification and registration** The regulation provides in 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 displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more than 10 lbs and is operated without an onboard pilot. Therefore 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 flight control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.
**14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 4**  **1 7 (a) & (b): Maintenance inspections**  These regulations require 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 th i s 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 apply only to aircraft with an airworthiness certificat e, these sections will not apply to SSDronekings . Maintenance will be accomplished by the operato r pursuant to the flight manual. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. T he operator will ensure that the UAS is i n 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 a nd best suited to maintain t h e aircraft in an airworthy condition t o provide the equivalent level of safety. 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. §21, subpart H; 14 C.F.R 45.23(b); 14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.15l(a); 91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) ( 2 ); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (551bs or less) in construction operations. Approval of exemptions allowing commercial operations of UAS for use of photography and videography enhances safety while reducing ri s k. Manned aircraft photography and vide ography creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a UAS weighing fewer than 10 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.The operation of small UASs, weighting l e ss than 10 lbs., conducted in the strict

conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight
a ircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

**Privacy** All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise having agreed to be in the a rea where aerial p hotography will take place. Satisfaction of the criteria provided in Section 333 of the Reform Act of 201 2

— size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national securi ty

- provide more than adequate

-justification for the grant of the requested exemptions allowing commercial operation of applicant 's UAS.

Sincerely, 

## Peter James Brown
Founder SSDronekings