DividedSky Aerial Productions, LLC

304 Piez Avenue

Newport News, VA 23601

Tel. 757­262­9035

todd.boward@dividedskyaerials.com

January 15, 2015

U. 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 CFR 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 Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform

Act”) and 14 CFR Part 11, DividedSky Aerial Productions, LLC (“Applicant”), an aerial

photography, videography, and mapping firm, hereby applies for an exemption from the

listed Federal Aviation Regulations ("FARs") to allow commercial operation of its Small

Unmanned Aircraft Systems (''sUASs") for aerial imaging of secured and controlled

sites, so long as such operations are conducted within and under the conditions outlined

herein or as may be established by the FAA as required by Section 333.

As detailed in this document and the attached Flight Operations Manual (the “Manual”),

the requested exemption would permit Applicant to operate sUASs under controlled

conditions in airspace that is limited, predetermined, and controlled as to access, and in

a manner that provides safety enhancements to the already established safety protocols

allowed in the industry for rotary and fixed wing aircraft. Approval of this exemption

would thereby enhance safety and fulfill the responsibilities of the Secretary of

Transportation (“FAA Administrator”) to "establish requirements for the safe operation of

such aircraft systems in the national airspace system." Section 333 (c) of the Reform

Act.

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The name and address of the Applicant is:

DividedSky Aerial Productions, LLC

Todd Boward/CEO

Phone: 757­262­9035

Email: todd.boward@dividedskyaerials.com

Address: 304 Piez Avenue

Newport News, VA 23601

Regulations from which the exemption is requested:

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 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 sUASs, 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 section or any sections 44702­44716 of

this title if the Administrator finds the exemption to be or is in the public interest.

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49 U.S.C. §44701(f), See also 49 USC §4471 l (a); 49 USC §44704; 14 CFR §91.203

(a) (l).

Section 333 (b) of the Reform Act assists the Secretary in determining whether sUASs

may operate in the National Airspace System (NAS) without creating either a hazard to

the user or the public or a threat to national security. In making this determination, the

Secretary must consider:

● The sUAS's size, weight, speed, and operational capability;

● Whether the sUAS operates within the visual line of sight of the operator; and

● Whether the sUAS operates outside of highly populated areas and away from

close proximity to airports.

Reform Act §333 (a). If the Secretary determines that a sUAS "may operate safely in the

national airspace system, the Secretary shall establish requirements for the safe

operation of such aircraft in the national airspace system." Id . §333 (c).

Applicant’s sUASs are multi­rotor vehicles weighing 10 or fewer pounds including

payload. They operate under normal conditions at a speed of no more than 30 knots

and have the capability to hover and move in the vertical and horizontal plane

simultaneously. The sUASs will operate only in the pilot's visual line of sight at all times

and will operate only within the sterile area described in the confidential DividedSky

Flight Operations Manual, attached as Exhibit 1 (hereinafter "the Manual").

Such operations will insure that the sUASs will "not create a hazard to users of the

national airspace system or the public." Reform Act § 333 (b).

Given the small size of the sUASs involved and the restricted and sterile environment

within which they will operate, the Applicant’s application falls squarely within the zone

of safety (an equivalent level of safety) in which Congress envisioned that the FAA, by

exemption, must allow commercial operations of sUASs to commence immediately.

Also, due to the small size of the sUASs and the low altitudes and restricted areas in

which Applicant’s sUASs 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

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proposed operations, and the significant public benefit, including enhanced safety, the

grant of the requested exemption is in the public interest.

Accordingly, Applicant DividedSky Aerial Productions, LLC, respectfully requests that

the FAA grant the requested exemption without delay.

II. PUBLIC INTEREST

This exemption application (the “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 certain 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' intent of

allowing sUASs to operate with significant safety precautions in low risk environments.

Additionally, sUASs could replace the use of helicopters and small aircraft that are

currently being used to complete these aerial image acquisition tasks. The sUASs

Applicant proposes 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

small fixed and rotary winged aircraft. Shifting to sUASs from helicopters presents a

marked safety increase for the Applicant’s workers and the public.

Lastly, sUASs reduce the environmental impact by dramatically decreasing the energy

used for aerial imaging and data collection. Applicant’s sUASs use rechargeable lithium

ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are

many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY

Applicant proposes that the exemption requested herein apply to civil aircraft that have

the characteristics and that operate within 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 proposed operations represent a safety

enhancement to the already safe protocols followed on construction sites and in

imaging and surveying operations conducted with helicopters and other conventional

aircraft.

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Applicant will be bound by the following limitations when conducting its sUAS operations

under an FAA issued exemption:

1. The sUAS will weigh less than 30 pounds, including payload.

2. Flights will be operated within visual line of sight of the pilot.

3. Maximum total flight time for each operational flight will be 30 minutes. The 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 no higher than 350 feet AGL and never

exceeding 400 feet AGL.

5. Crew for each operation will consist of the sUAS pilot, who will keep the sUAS

within his visual line of sight at all times, a camera operator, who will be

responsible for all camera operations, and an observer/controller, who will

manage the flight operations area.

6. The sUAS pilot will be trained in the dynamics of flight, flight operations, weather,

instrumentation, GPS systems, human performance factors and safety

procedures as detailed in the DividedSky sUAS Pilot Certification Program as

prescribed in the Manual.

7. The sUAS will only operate within a confined "Sterile Area" as defined in the

Manual. The Manual also requires the establishment of a "Security Perimeter" for

the flight operations area.

8. A briefing will be conducted in regard to the planned sUAS operations prior to

each day's production activities. Attendance at this briefing of all personnel who

will be performing duties within the boundaries of the safety perimeter will be

mandatory.

9. All onsite personnel will consent to the sUAS flyover on site by waiver, and the

observer/controller will obtain additional verbal or written consent of all persons

who will be allowed within 100 feet of the flight operations area.

10.The pilot will have been trained in operation of sUASs generally and received

up­to­date information on the particular sUAS to be operated as required by the

Manual.

11.Written and/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, including local law enforcement, fire, or other

appropriate governmental agencies.

13.If the sUAS loses communications or loses its GPS signal, it will have capability

to return to and land at a pre­determined location within the Security Perimeter.

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14.The sUAS will have the capability to abort a flight in case of unpredicted

obstacles or emergencies.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21,Subpart H: Airworthiness Certificates 14 CFR §91.203(a)(l) 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 limited operating area associated with the aircraft to be utilized by

Applicant, 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 Federal

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. Applicant’s small UAS will be operated at

low speed in a controlled environment at least five miles from an airport. An analysis of

these criteria demonstrates 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

airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than ten (10) lbs. fully loaded, carries

neither pilot nor passenger, carries no explosive materials or flammable liquid fuels, and

operates exclusively within a secured area as set out in the Manual. Like other civil

aircraft, operations under this exemption will be tightly controlled and monitored by the

operator, pursuant to the Flight Operations Manual's requirements, and under the

requirements and in compliance with 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 operated in connection

with construction sites, provide a greater degree of safety to the public and property

owners than conventional operations conducted with airworthiness certificates issued

under 14 CFR Part 21, Subpart H.

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Lastly, application of these same criteria demonstrates that there is no credible threat to

national security posed by the sUAS 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 greater than two (2) lbs.

14 CFR 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft or lightsport category aircraft to be marked with letters between 2 inches and 6 inches high

"limited," "restricted," "lightsport," "experimental," or "provisional," near each entrance to

a cabin, cockpit, or pilot station.

Even though the sUAS will have no airworthiness certificate, an exemption may be

needed as the body of the sUAS will have no “entrance” to a “cabin, cockpit or pilot

station” on which the word "Experimental" can be placed. Given the size of the sUAS,

two­inch 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 sUAS marked on its

fuselage as required by §45.29 (f) where the pilot, observer and others working with the

sUAS will see the identification of the UAS as "Experimental." The FAA has issued the

following exemptions to this regulation: 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 non­commercial operations. Because the

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

equivalent level of safety of current operations by requiring the pilot operating the

aircraft to have completed a sUAS flight training course of 80 hours before flying a

sUAS (See the Manual for more details). Unlike a conventional aircraft that carries the

pilot and passengers, the sUAS is remotely controlled 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 as set forth in the Manual. The risks associated with the

operation of the sUAS are so diminished from the level of risk associated with

commercial operations contemplated by Part 61 when drafted that allowing operations

of the sUAS as requested with a pilot who has met the minimum requirements stated in

the Manual exceeds the present level of safety achieved by 14 CFR §61.113 (a) & (b).

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Section 61.133 (a) requires an individual with a commercial pilot’s license to be pilot in

command of an aircraft for compensation or hire. Applicant respectfully proposes that

operator requirements should take into account the characteristics of the particular

sUAS. All of the sUAS that Applicant’s pilots will fly have a high degree of pre

programmed control and various built in technical capabilities that strictly limit the

potential for operation outside of the operating conditions set forth in the exemption

application.

Applicant‘s sUASs have an all digital software platform with advanced features

previously restricted to full size unmanned aircraft. Automated features and advanced

flysafe controls enable safe, reliable operation, as well as advanced networking

capabilities and system extensibility.

● Plan your flight or fly adhoc: The system can autonomously fly a programmed

flight path or fly in manual mode.

● Smart batteries and charger: Flight time and battery minutes are displayed at all

times. The system will return home and land automatically if user configurable

limits are reached.

Flight safety is a priority, no matter the operating environment or project. All of

Applicant’s sUASs offer superior safety over manned aircraft by removing the need for

people to be on board in potentially dangerous situations. With multiple built­in safety

features, these platform leads other sUAS with respect to safety.

● Intelligent fault handling: The system automatically detects potential issues with

configurable automated response behavior such as a return home and land

routine.

● Automatic preflight checks: The system self calibrates all of its sensors and

performs self tests prior to takeoff to check for errors.

● No fly zones: The system has the ability to set up visual and GeoFence no fly

zones.

● Self monitoring: Monitoring battery levels, and other system and environmental

conditions are automatically handled by the system.

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● Battery communication: Battery minutes and flight time are displayed at all times.

The system will return home and land automatically if user configurable limits are

reached.

● Additional automated safety functions and safety enhancing features of

Applicant’s sUASs include the following:

○ Auto detection of lost GPS warns the pilot and initiates an immediate

landing.

○ Low battery on Applicant’s sUASs triggers a Non Fatal Warning alarm to

return home, land and replace the battery.

○ If Applicant’s sUASs detect a lost link to the base station the vehicle will

perform its predefined Non Fatal Condition Response.

Given these safety features, Applicant proposes that operators of Applicant’s sUASs

should not be required to hold a commercial or private pilot certification. Instead,

operators should be required to:

1. Have successfully completed, at a minimum, FAA private pilot ground instruction

and passed the FAA Private Pilot written examination or FAA recognized

equivalents including ICAO issued commercial, private license and ground

school and;

2. Have completed the DividedSky Aerial Production Pilot Certification Program for

operation of the sUAS.

Applicant notes that the FAA has found that safety factors permitted operation of sUASs

by operators with these qualifications in the case of operations pursuant to public COAs

where the mandatory operating conditions specified above are present. See Federal

Aviation Administration, Notice N8900.227, Unmanned Aircraft Systems (UAS)

Operational Approval, at 2021 (July 30, 2013). The FAA has the statutory authority,

granted at 49 U.S.C.§44701(f) to waive the pilot requirements for commercial

operations.

Given these conditions and restrictions, an equivalent level of safety will be provided by

allowing operation of Applicant’s sUASs without a private pilot’s certificate or a

commercial pilot’s certificate, under the conditions set forth herein.

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The risks associated with the operation of Applicant’s sUASs (given their size, speed,

operational capabilities, and lack of combustible fuel) are so diminished from the level of

risk associated with private pilot operations or commercial operations contemplated by

Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of

the sUAS as set forth above meets or exceeds the present level of safety provided

under 14 CFR § 61.113(a) & (b) and does not rise to the level of requiring a commercial

pilot to operate the aircraft under § 61.133(a).

14 CFR 91.7 (a): Civil aircraft airworthiness

The regulation requires that no person may operate 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 determining

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

Given its size and configuration, the sUAS has no ability or place to carry such a flight

manual on the aircraft, not only because there is no pilot on board, but also because

there is no room or capacity to carry such an item on 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 sUAS will have immediate access to it.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 CFR 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 requirement 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 will provide an equivalent level of

safety.

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14 CFR 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

functioning dual controls.

By design, sUASs 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 communications. 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 control the sUAS via radio signals from the controller,

and by the size and speed of the aircraft.

14 CFR 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 multi­rotor craft that flies similarly to a

helicopter, with vertical takeoff and vertical landing, which typically will operate at

altitudes of 200 AGL, so an exemption may be needed to allow such operations. The

sUAS will never operate at an 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 pre­obtained consent. See Manual for detailed procedures.

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

sUAS as well as the location where it is operated. No flight will 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 will be aware of the planned flight operations. Compared to flight operations

with aircraft or rotorcraft weighting far more than the maximum ten (10) lbs. proposed

herein and carrying flammable fuel, any risk associated with Applicant’s operations is far

less than those presently presented with helicopters and other conventional aircraft

operating at or below 500 AGL in the any industry. In addition, the low­altitude

operations of the sUAS will ensure separation between these small UAS operations and

the operations of conventional aircraft that must comply with Section 91.119.

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14 CFR 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 sUAS 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 Checklist, 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.

Applicant’s sUAS is limited to operations in sterile and controlled environments as

outlined in the Manual, and has a limited range and flight time which require an

exemption from 14 CFR 91.151(a).

The battery powering the sUAS provides approximately 30 minutes of powered flight. To

meet the 30­minute reserve requirement in 14 CFR §91.151, sUAS flights would be

limited to approximately 5 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.

DividedSky believes that an exemption from 14 CFR §91.15l (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 battery power,

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 sUAS flights to 10

minutes would greatly reduce the 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 sUAS 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

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

exemptions have been granted to other operations, including Exemptions 2689F, 5745,

10673, and 10808.

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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 sUAS 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 sUAS.

An equivalent level of safety will be achieved by keeping the required documents at the

ground flight control point where the pilot flying the sUAS will have immediate access to

them, to the extent they are applicable to the sUAS. 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) (l); 409 (a) (2); 417 (a) and (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 this 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 sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to Applicant. Maintenance will be accomplished

by the operator pursuant to the flight manual and operating handbook as referenced in

the 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 sUAS can land

immediately and will be operating from no higher than 400 feet AGL. As provided in the

Manual, 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, thus, best suited

to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

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*******

Pursuant to 14 CFR 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 CFR §21, subpart H; 14 CFR

45.23 (b); 14 CFR §§ 61.113 (a) and (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109;

91.119; 91.121; 91.151 (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) and (b) to operate commercially a small unmanned

vehicle (55 lbs or less) in image acquisition operations. Approval of exemptions allowing

commercial operations of sUASs in the construction industry enhances safety while

reducing risk. Manned aircraft image acquisition and surveying operations creates a

greater risk because the craft are much larger, have combustible fuel, and carry an

onboard human pilot. In contrast, a sUAS 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 sUAS will carry no passengers or crew and,

therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of sUASs weighing less than 30 lbs. and 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 aircraft

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 have agreed to be in the area where aerial

photography will take place.

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*******

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012, including

size, weight, speed, operating capabilities, proximity to airports and populated areas

and operation within visual line of sight and national security, provides more than

adequate justification for the grant of the requested exemptions allowing commercial

operation of Applicant's sUASs in the image acquisition industry pursuant to the Manual

appended hereto.

Sincerely,

Todd D. Boward Frank A. Edgar, Jr.

Chief Executive Officer In House Counsel

DividedSky Aerial Productions, LLC DividedSky Aerial Productions, LLC

Exhibit List

1. Flight Operations Manual (Proprietary)

2. Safety Management Manual (Proprietary)

3. Risk Management Workbook (Proprietary)

4. Pilot Training and Certification Program (Proprietary)

5. DJI Phantom Vision 2+ User Manual

6. DJI Naza ­ M2 Control System

7. 3D Robotics Iris+ User Manual

8. 3D Robotics X8+M User Manual

9. 3D Robotics PixHawk AutoPilot User Guide

10.xCel Drones XD­550 CDR User Manual

11.xCel Drones XD­1100 CF User Manual

12.Mission Planner User Guide

15