March 21, 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey

Ave., SE Washington, DC 20590 RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 CFR Part II , Leverenz Droneography is submitting this Petition and seeks Exemption from the Federal Aviation Regulations as detailed below. **Applicant Information:** The name of the applicant: **Leverenz Droneography .**  The primary

contact for this application, which a copy to me at the address above, is: Carmen Leverenz Leverenz Droneography 8965 East Florida Avenue 5
- 107 Denver, CO 80247 Leverenz Droneography. i s a corporation formed under the State laws of Colorado on or about March 12, 2016, and Carmen Leverenz is the owner and the sole operator of Leverenz Droneography. Pursuant to Section 333 of the FMRA, Leverenz Droneography. hereby requests a determination by the Secretary

of Transportation authorizing commercial operations of UAS for the purposes of aerial photography & videography, commercial videos and other work related to aerial photography in the NAS
. Leverenz Droneography. do es not intend to use for closed
-set filming. Flight operations will utilize the off the shelf DJI family of unmanned aircraft. Conduct of UA operations will be with respect to FMRA Section 333(c) and the UAS “Blanket COA”. Exemption is necessary

to effect the determination requested pursuant to FMRA Section 333. The attached documentation includes detailed exemption requests that demonstrate how these exemptions are in the public interest and will maintain at least an equal level of safety to existing regulations. Authorizing Leverenz Droneography
. to conduct commercial UAS operations willMarch 21, 2016

Page 2 of 11 result in less disruptive, safer, and more cost effective solutions than manned aviation equivalents due to the low altitude environment, given the size, speed and inherent risk of traditional commercial helicopter operations. These commercial operations often occur in the unsafe areas of the height
-velocity diagram requiring special precision and skill. Leverenz Droneography will conduct the commercial UAS operation in a manner that will meet, and in many c ases exceed, the current level of safety of commercial helicopter operations. UA that are under 10 lbs., have a low noise signature, and carry no volatile fuel, will limit collateral damage in the event of catastrophic failure. The low expense of operation compared to cost prohibitive manned aviation alternatives allow a greater economic benefit to businesses. For these reasons, granting an exemption under FMRA Section 333(c) is in the public interest. UAS technology used for these commercial purposes benefit the public interest in the following ways:
 Reduces the collateral damage risks to life and property associated with low altitude helicopter operations in undesirable portions of the height
-velocity envelope.  Increased economic wellbeing to local businesses via cost reductions.  Enabling aerial business solutions to be available to a larger market.March 21, 2016

Page 3 of 11 

### Table of Contents I. Exemptions Requested II. Commercial Operation/Operator III. Unmanned Aircraft System (UAS) IV . UAS Pilot
- in
- Command (PIC) V. Public Interest VI . Summary VII. List of Attachments **I. Exemptions Requested** Pursuant to 14 C.F.R. § 11.81(e), Leverenz Droneography. requests exemption from the following regulations:

 **14 C.F.R. Part 21 Subpart H**
**– Airworthiness Certificates**  o **Establishes:** The procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. § 91.203(a)(1) Given the small size of the UA and the safeguards that will be taken as outline below, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA with consideration “of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS.”

 **14 C.F.R. § 45.23(b)**
**– Aircraft Marking and Identification Requirements**  o When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light
- sport category aircraft or experimental or provisionally c ertificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "l imited," "restricted," "light
- sport, "experimental," or "provisional," as applicable. Leverenz Droneography. will ensure compliance with § 45.29(f) to meet the intent of the regulation by

displaying the registrati on number in the largest practicable lettering.

 **14 C.F.R.**  **61.113 (a)(b)**  **and 61.133(a)(1)(ii)**  **and 61.101** 
**– Recreational,**  **Private and**  **Commercial Pilot Privilege and Limitations** o **14 C.F.R.**  **§ 61.113:**  (a) Except as provided in paragraphs (b) through (g) of thi s section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may

that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employmentMarch 21, 2016

Page 4 of 11

o **14 C.F.R.**  **§ 61.133**  : (a) Privileges

– (1) General. A person who holds a

commercial pilot certificate may act as pilot in c ommand of an aircraft

– (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation. o **14 C.F.R.**  **§ 61.101**  : (a) A person who holds a recreational pilot certificate may not act as pilot in command of an aircraft:  For compensation or hire;  In furtherance of a business; UA operations will employ a P IC who holds, at a minimum, a recreational or sport pilot certificate of any category or class and a valid driver’s license.

 **14 C.F.R. 91.7(a)**
**– Civil Aircraft Airworthiness**  o No person may

operate a civil aircraft unless it is in an airworthy condition. The PIC will conduct daily pre and post flight inspections in accordance with manufactures maintenance manual(s) and guidance. During flight, the PIC will adhere to § 91.7(b) and abort air operations immediately u pon identification of an in
- flight emergency

or other unsafe condition. By c omplying with procedures outlined by the manufacturer, an equivalent level of safety will be achieved.

 **14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements**  o (b)(2) prohibits operation of U.S. -registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. By keeping all operating documents, manuals, authorizations and exemptions in a binder, Leverenz Droneography. meet the intent of the regulations and therefore achieve an equivalent level of safety.
 **14 C.F.R. 91.109(a)**
**– Fl** **ight Instruction** o No person may

operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. The majority

of sUAS by design are developed with single operational control through the use of pre - determined GPS enabled way points programmed before or during flight in addition to the use of a single hand held transmitter or control station controlled by the PIC. The design does not allow for dual controls during flight training and therefore the exemption is requested to train operators, build experience, and maintain proficiency
. An equal level of safety will be achieved by c onducting all training in sterile environments . Training sessions will be accomplished separately from flights conducted for compensation or hire.  **14 C.F.R. 91.119 (c)**
**– Minimum Safe Altitudes**  o Except when necessary f or takeoff or landing, no person may operate an aircraft below the following altitudes: (b) Over any c ongested area of a city, town, orMarch 21, 2016

Page 5 of 11 settlement, or over any open air assembly o f persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. 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 p erson, vessel, vehicle, or structure. (d) Helicopters, powered parachute s, and weight
- shift
- control aircraft. If the operation is conducted without hazard to persons or property on the surface

— (1) A helicopter may

b e operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person op erating the helicopter complies with any

routes or altitudes specifically prescribed for helicopters by the FAA. Commercial UAS operations will be conducted at or below the maximum altitude authorized by

C OA. Given the size, weight and lack of fuel; combined with operation limitations listed below, the operation will be conducted with a greater level of safety than exists with current manned aviation operations.

 **14 C.F.R. 91.121**
**– Altimeter Settings**  o Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may b e, by reference to an altimeter that is set, when operating... SUAS are equipped with Global Positioning System (GPS), which provide altitude and geo - location data to the operator without utilizing an altimeter. Due to this fact, an exemption is required. GPS are precise within a few feet and combined with fail
- safes and a visual observer the operation will meet an equivalent level of safety.
 **14 C.F.R. 91.151(a)**
**– Fuel Requirements for F** **light in VFR Conditions** o No person may

b egin 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; This regulation is written based on the capabilities of a traditional aircraft, which have flight times of several hours or greater; therefore, with the majority o f sUAS which have flight times of only an hour or less, this regulation would effectively deny the ability of the air vehicle to operate. The PIC will achieve an equivalent level of safety b y complying with all manufacturer guidelines and the DJI low battery failsafe s ystem s .
 **14 C.F.R.**  **9 1.215(b)** 
**– ATC**  **Transponder and**  **Altitude Reporting**  **Equipment and**  **Use.** o All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) ofMarch 21, 2016

Page 6 of 11 this section, unless that aircraft is equipped with an operable coded radar beacon

transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A interrogations with the code specified by ATC, or a Mode S capability, replying to Mode 3/A interrogations with the code specified by ATC and intermode and Mode S interrogations in accordance with the applicable provisions specified in TSO C - 112, and that aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically

replies to Mode C interrogations by transmitting pressure altitude information in 100 - foot increments. This requirement applies

— (1) All aircraft. In Class A, Class B, and Class C airspace areas; (2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL ; (3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originally certificated with an engine
- driven electrical system or which has not subsequently

b een certified with such a system installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part provided such operations are conducted

— (i) Outside any Class A, Class B, or Class C airspace area; and (ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 10,000 feet MSL, whichever is lower; and (4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL ; and (5) All aircraft except any aircraft which was not originally certificated with an engine
- driven electrical system or which has not subsequently b een certified with such a s ystem installed, balloon, or glider

— (i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and (ii) Inthe airspace from the surface to 10,000 feet MSLwithin a 10 -nautical
-mile radius of any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the lateral boundaries of the surface area of the airspace designated for that airport.March 21, 2016

Page 7 of 11 The sUAS to be used in the proposed operation does not come equipped with a transponder. No transponder exists for the sUAS, which can be installed. The petitioner requests relief from the exemption to the extent required to operate in areas in which a transponder is required according the applicable regulations in this part. The PIC will achieve an equivalent level of safety b y complying with all provisions of the COA under which operations are to be conducted. By i ssuing appropriate NOTAMS and prior ATO coordination, an equivalent level of safety can be achieved as other manned aircraft, which receive authorization to fly in airspace where a transponder is required but not operable. Inorder to give proper noti ce to the ATO, the PIC will comply with the provisions of 91.215(d)(3). The sUAS flown under this exemption will comply with all altitude limits and airport standoff distances required by C OA, which mitigate hazards to aircraft controlled by the ATO in congested airspace.

 **14 C.F.R.**  **91.405(a), 91.407(a)(1),**  **91.409(a)(2) and**  **91.417(a) &**  **(b)**
**– Maintenance**  **Inspections** o **91.405(a) States**  : Each owner or operator of an aircraft

—(a) 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 o **91.407(a)(1) States**  : (a) No person may operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

—(1) It has been approved for return to service by a p erson authorized under § 43.7 of this chapter o **91.409(a)(2) States:**  (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

—(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 b e substituted for any inspection required by this paragraph unless it is performed by a p erson authorized to perform annual inspections and is entered as an ‘‘annual’’ inspection in the required maintenance records. o **91.417(a) &**  **(b) States:**  (a) Except for work performed in ac cordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i

– iii), 2 (i

– vi)); (b) The owner or operator shall retain the following records for the periods prescribed: (paragraphs 1

– 3) The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the manufacturer’s guidance as stated in the operations manual. If maintenance is required, the PIC will conduct a dedicated test flight will be conducted to ensure safety before resuming commercial operations. All inspection, maintenance and alterations will be documented and maintained in a record. These actions will meet the intent of theMarch 21, 2016

Page 8 of 11 regulations from which exemption is being requested and lead to an equivalent level of safety. **II. Commercial Operator/Operation** Any UA flown under this exemption will be controlled by a c ertificated PIC. The PIC will hold, at a minimum, a recreational or sport pilot certificate. For each flight, Leverenz Droneography.:
 Will conduct a comprehensive worksite inspection and analysis, identifying limits of customer property

or authorized access areas.  Will conduct preflight planning in accordance with Section 91.103 Preflight Action
.  Will operate in those areas only with the consent of the landowner or designated representative.  Will identify

potential obstructions or other hazards to safe operation.  Will clear the area of personnel or bystanders that are non- essential to the operation, maintaining at a minimum, 500 feet away from non
-participating persons.  Will conduct a preflight safety briefing to Visual Observer (VO) and participating persons.  Will at all times yield to manned air traffic.  Will operate within VLOS of both PIC **and** VO during daylight hours only.  Will maintain voice communications with VO and participating persons.  Will operate under visual flight rules, in visual meteorological conditions, for the airspace in which the flight is conducted.  Will not exceed the maximum altitude as defined in the COA under which flight authorized, as determined by the installed GPS.  Will keep operating documents, manuals, authorizations and exemptions in a binder
.  Will immediately

terminate flight, in the safest manner possible, when saf ety to persons or property become compromised.  Will terminate flight, in the safest manner possible, when unable to comply with these limitations or any

other limitations granted as part of this exemption. Inorder to remain at an altitude at or below the attitude prescribed by the applicable COA, relief is needed from Section 91.119 (c). By f ollowing these operating standards, the commercial operation will meet an equivalent level of safety to the regulation in which relief is sought. **III. Unmanned Aircraft System**  Leverenz Droneography. seeks exemption to operate DJI UAS. Other UAS ty pes may b e requested in future amendments. The DJIPhantom 3 Standard is the primary aircraft in my operation for which I seek exemption The UA will be flown via a comb ination of RC control andMarch 21, 2016

Page 9 of 11 phone POV . UA ty

pes are GPS equipped, Quad
- copter ty pe rotorcraft utilizing four motors. Lithium
-poly

mer batteries power the UA. The UA also has several fail
- safes for loss of RC signal, loss of GPS, and low battery as outlined in the respective Operation Manuals. The UA display visual and emit an audible low battery alerts at which time the UA will automatically engage the landing sequence. Based upon those safeguards, I request exemption from Section 91.151(b) Fuel requirements for flight in VFR conditions. Given the size, weight, speed, and controlled operating area associated with the UA to be utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) is requested. Exemption is sought from § 45.23 Marking of the aircraft. The UA will display

the registration number in the largest practicable lettering. Leverenz Droneography. seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will be conducted according to operations manual and prudent judgment as previously

outlined to determine the integrity and safety

o f the UA and associated equipment. Further, relief is required from 91.7(a), which prohibits the operation of an aircraft without an airworthiness certificate and 91.9(b) (2) requiring an approved flight manual in the aircraft. The UA will not be operating with an airworthiness certificate therefore, this would be inappropriate. The UAS are too small to carry the operating documents so an equivalent amount of safety can be achieved through keeping the operating documents and manuals in a binder with the PIC . **IV. UAS Pilot in Command (PIC)** Under part § 61, recreational, sport and private pilots are limited to non- commerci al operations, however Leverenz Droneography. can ensure UA operations will achieve an equivalent level of safety as current regulation because UA do not carry any pilots or passengers. A commercial pilot certificate will not ensure RC piloting ability, as the psychomotor skills are different. The inherent risks of operating a UAS are far less than in the commercial activities outlined in 14 CFR part 61, et seq., thus exemption is requested from § 61.101 Recreational Pilot Privileges and Limitations. PICs will maintain recent flight experience on the UAS. Training and experience flights will be conducted separate from commercial operations. **V. Public Interest** Given the above stated evidence, procedures, and precautions operating UAS commercially f or the purposes of aerial photography & videography

, commercial videos and other work related to aerial photography will ultimately b e in the public interest. These operations, when executed with prudence, will exceed the current level of safety as the regulations from which exemption is sought. UA operations will allow greater access to commercial aerial services that were not previously

e conomically feasible for many firms. This will provide a much needed economic uplift to the community

and hence the public. UA operations are associated with less risk ofMarch 21, 2016

Page 10 of 11 collateral damage to persons and property while limiting disruptive noise pollution associated with low altitude aviation operations. **VI. Summary** Pursuant to Section 333 of PL112 - 95 commonly known as the “FAA Modernization and Reform Act of 2012”, Leverenz Droneography. , hereby applies for authorization to conduct commercial unmanned aerial systems (UAS) operations for the purposes of aerial photography & videography, commercial videos and other work related to aerial photography listings Rules for which exemption is sought:

 14 C.F.R. Part 21 Subpart H  14 C.F.R. § 45.23(b)  14 C.F.R. § 61.101, 61.113 and 61.133(a)(1 )(ii)  14 C.F.R. § 91.7(a)  14 C.F.R. 91.9(b)  14 C.F.R. § 91.103  14 C.F.R. § 91.109(a)  14 C.F.R. § 91.119  14 C.F.R. § 91.121  14 C.F.R. § 91.151(a)  14 C.F.R. § 91.215(b)  14 C.F.R. § 91.405(a)  14 C.F.R. § 91.407(a)(1)  14 C.F.R. § 91.409(a)(2)  14 C.F.R. § 91.417(a) & (b) **VII. Attachments** : 1. Specific UAV manuals. a. DJIPhantom 3 Standard 2. UAV user manual

—too large for attachment, available upon request a. DJIPhantom 3 Standard 3. Battery

Manuals a. DJIPhantom 3 Standard 4. Quick Start guides. a. DJIPhantom 3 Standard Thanks you for your prompt attention and consideration. My company and its clients are committed to safe UAS operation and ambassadors. Please do not hesitate to contact me directly with any questions or concerns at 404
-210 - 0434. Very truly yours,March 21, 2016

Page 11 of 11 Leverenz Droneography Carmen Leverenz Leverenz Droneography dba
. 8965 East Florida Avenue 5
- 107

Denver, CO 80247 ES/cam Enclosures