January 14, 2015 U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Petition ofDenaDrones for anExemptionPursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 Director: Flight Standards Service: Pursuantto Section 333 oftheFAA Modernization and Reform Act of2012 ("Reform Act") and 14 C.F.R. Part 11, DenaDrones ("Dena") hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identifiedbelowto allow commercial operation ofsmall unmanned aerial vehicles 

### (i.e., "small unmanned aircraft" or "UAS") for the purpose of conducting aerial photography, videography, and inspections for the real estate industry as well as for special media events. This petition for exemption is made based on information outlined in this Petition for Exemption, as well as the accompanying Dena documents; 1. PIC Flight Operations Manual and; 2. Operations Manuals (Coliectively 2 and 3 are refeuedto as "Documents 

### & Manuals") 3. User Guide and; 4. FlightManual 1 (Collectively 3 and 4 are referred to as "Manufacturer's Manuals") Dena submits these supporting materials as confidential documents pursuantto 14 C.F.R. 

### § 11.35(b), as the materials contain confidential commercial and/or proprietary information that Dena has not and will not share with other requesting parties. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and are protected from release underthe Freedom oflnformationAct, 5 U.S.C. 

### § 552 et. seq. 

### NOTE: ALL ATTACHMENTS SET FORTH IN SUPPORT OF THIS LETTER OF PETITION ARE CONl<,IDENTIAL AND SHALL NOT BE 

### RELEASED TO THE 

### PUBLIC WITHOUT WRITTEN AUTHORIZATION FROM THE PETITIONER. Foryour convenience, this Petition is organized as follows:

1

. Theterm "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but notlimited to: operations and flight manuals, user guides, componentmaintenance manuals, pilot training manuals, service information letters and, safety/service bulletins.U.S DepartmentofTransportation January 14, 2015 Page2 

### !. 

### Description ofPetitioner II. Description ofProposed Operations A. Aerial Videography, Photography and Inspection 

### ill. 

### Relevant StatutoryAuthority IV. Dena's Proposed UAS Operations Meet the Requirements ofSection 333 OftheReform Act A. Approval is Warranted Based onthe UAS's Size, Weight, Speed, and Operational Capabilir; B. Approval is Warranted Based onthe Operational Restrictions SetForth in the Operations Manuals 

### V. Regulations From WhichExemption is Requested A. 14 C.F.R. Part 21, SubpartH -Airworthiness Certificates and 14 C.F.R. 

### § 91.203(a)(l) B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft C. 14 C.F.R. 

### §§ 91.9(c), 45.23(b) and45.27(a): AircraftMarking and Identification Requirements 

### D. 14 C.P.R.§ 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2); 91.417(a) and (b): Maintenance Inspections E. 14 C.F.R. Part 61, 14 C.F.R. 

### § 61.3, 14 C.F.R. 

### § 61.113: Private Pilot Privileges andLimitations F. 14 C.F.R. 

### § 91.7(a): Civil Aircraft Airworthiness G. 14 C.F.R. 

### § 91.9(b)(2): Civil AircraftFlightManual inthe Aircraft and 14 C.F.R. 

### § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration H. 14 C.F.R. 

### § 91.103: Preflight Action I. 14 C.F.R. §91.109(a): Flight Instruction J. 14 C.F.R. 

### § 91.119(c): Minimum Safe Altitudes K. 14 C.P.R.§ 91.121: Altimeter Settings L. 14 C.F.R. 

### § 91.151(a): Fuel Requirements for FlightinVFR Conditions 

### Vl. Drug and Alcohol Program VII. Public Interest Vll. Privacy IX. Federal Register Summary X. Conclusion I. DESCRIPTION OF PETITIONER Dena is based in Pasadena, CA working in real estate photography, videography, and inspection services as well as providing services for special events such as wedding, sporting and other media events. The Company specializes in, and will continue to focus onthe photography, videography and inspection ofreal property for the industrial and commercial real estateU.S Department ofTransportation January 14, 2015 Page3 industr;. The Company'sPrincipal and Cr.iefPilot JoseResendiz has been flying UA V Quadcopters as a hobby for more than one year without incident logging hundreds ofhours flying. Upon the grant ofthe 333 Exemption the Company's business will specialize in real estate photography, videography and inspection ofreal property as well as providing services for special media events. Dena's staffare well trained and experienced in providing support as visual observers ("VO") for the pilot in command ("PIC") in addition to any other needed on site assistance. 

### All ofthe equipment owned by Denais ofthe highest quality gear andhas been able to provide these services safely and without any claims orincident. Dena's goal is to advise the perspective client thatDenais following all the applicable state and federal rules to ensure the safety ofthe public while providing the client with a competitive and cost effective product. Dena seeks an exemption to allow for photography, videography and other related media products. The contact information for Petitioner is as follows: Jose Resendiz Dena Drones 1272 E. Lexington Pasadena, CA 91104 Phone: 213.247.1865: Email: denadrone@yahoo.com 

### IT. DESCRIPTION OF PROPOSED OPERATION Dena seeks an exemption pursuant to Section 333 ofthe Reform Actto operate the DJI Inspire; and, DJI Phantom 3 (referred to DD-UAS) (under 55lbs) for the proposed operations discussed herein below. All UAS operations will occur under tightly controlled conditions on private property or approved location where Denahas received verifiable permission to operate from the landowner, controller or authorized representative. The proposedUAS operations will be conducted in accordance with the conditions and limitations ofthis Petition for Exemption and Dena's Operations Manuals. As detailed inDena's Operations Manuals, all UAS operations will be limitedto daytime VFR conditions, within visual line-of-sight ("VLOS") ofthe operator, in uncontrolled airspace, and will occur at least 5 nm away from an airport reference point. Moreover, Dena's Operations Manuals incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area ofUAS operations, including GPS "geo-fencing" technologies. 

### A. Aerial Videography, Photography, Cinematography and Inspection Dena seeks to use small DD-UAS for the purpose ofconducting aerial photography, videography and inspection for the real estate industry as well as for special media events. Denahas purposefully tailored its operations to meet the requirements established by the 

### FAA in prior grants ofexemption authorizing commercial use ofUAS in the real estate industry, including:U.S Department ofTransportation January 14, 2015 Page4



### • • • 

### • Trudeau, Realtor® (ExemptionNo. 11138) Alon Sicherman (ExemptionNo. 11728) Sokoler Medly (Exemption No. 11341) RavenExecutive (ExemptionNo. 12639) All UAS photography, videography and inspection operations will occur on private property or approved location in a controlled area away from spectators and persons notinvolved in the recording process. In addition, the filming will be conducted between dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation ofthe UAS; VFR conditions, at altitudes below400' above ground level ("AGL"). As set forth below, Dena's operations provide an equivalent level ofsafety which is superior to performing the same work using conventional fixed-wing aircraft or helicopters. Small UAS video production is also safer than traditional manned aircraft performing the same function. Videographer-inspectors also frequently need to climb rooftops, trees, ladders or otherwise perform elevated work, which exposes them to the risk ofdangerous falls, electrocution or other work related injuries. In addition, depending on the nature ofthe video needed and inspection, proximity to equipment, and other mechanical hazards associated with industrial sites and construction facilities often involves a risk ofexposure to hazardous conditions. The use ofDD-UAS mitigates these hazards and is ultimately a much safer and cost efficient method ofperforming these and most other types ofinspections. Moreover, conventional operations using rotorcraft and fixed-wing aircraft in low level operations present risks associated with vehicles weighing tens ofthousands ofpounds (including payload) and carrying large amounts offuel which inherently presents significant fire hazards as well as exposure to other chemical contaminates. Itis important to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser ofthe service, butthe quality and expanse ofacquired information will be far more robust giventhe low cost associated with its acquisition and other potential consumers an inexpensive product. UAS video production is more reliable, and allows for the collection, dissemination, and storage ofvisual and other sensory data with greater precision and duration at a very 1ow cost. Sma11 UASs will also be capable ofaccessing and inspecting areas that would otherwise be inaccessible orhighly dangerous using conventional aircraft or other inspection methods. ill. RELEVANT STATUTORY AUTHORITY This Petition for Exemption is submitted pursuantto Section 333(a) through (c) ofthe FAA Modernization and Reform Act of2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system." Pursuant to Section 3 3 3 ofthe Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the National Airspace Systems ("NAS") where it is safe



### ·to do sobased onthefoUowing considerations:

• The UAS's size, weight, speed and operational capability; • Operation ofthe UAS in close proximity to airports and populated areas; andU.S Department ofTransportation January 14, 2015 PageS

• Operation ofthe UAS within the visual line ofsight ofthe operator. Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority ofthe Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from§§ 44701(a), (b) and 

### §§ 44702-44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level ofsafety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption). 

### IV. DENA'SPROPOSED DD-UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORMACT The small DD-UAS operations proposed by Dena as noted above in this Petition for Exemption qualify for expedited approval pursuantto Section 333 ofthe Reform Act as each ofthe statutory criteria and relevant factors are satisfied. 

### A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and OperationalCapability A Grant ofExemption is appropriate for operations conducted using the UASs due to their size weight, speed, and operational capability.

• The DD-UAS utilizedby Denahas been approved for use in prior Section 333 Grants ofExemption from the FAA. 2

• The DD-UAS weighs less than 55 pounds, including payload

• The DD-UAS will not be flown at a ground speed in excess of50 knots. The exemption holder may use either groundspeed or calibrated airspeed to determine compliance withthe 50 knot speed restriction.

• Altitude information will be generated by equipment onboardthe UAS as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be transmitted to the pilot via telemetric data feed. • The DD-UAS will have system redundancies and independent functionality to ensure the overall safety and predictability ofthe system. Ifconnection to the remote control or ground control station is lost, failsafe systems will permitthe UASs to return to a predetermined location and safely land without injury or damage.

2 See e.g., Grant ofExemptionto Trudeau, Realtor® (Exemption No. 11138); Grant ofExemptionto Alon Sicherman (ExemptionNo. 11728); Grant ofExemption to SokolerMedly (Exemption No. 11341).U.S Department ofTransportation January 14, 2015 Page6

• The radio frequencies used for operations and control ofthe DD-UAS comply withthe Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. The operating frequency for the DDUAS is 2.4 GHz frequency bands. Ifthe same operations were conducted using a helicopter, the aircraft's take-offweight would likely exceed 6,000 pounds depending on payload. The difference in weightbetween the DDUAS and a helicopter significantly reduces the potential harm to the participating and nonparticipating individuals and/or surrounding property in the event ofan unintended accident or incident. In addition, the risk to the onboard pilot and camera operator is eliminated. 

### B. Approval is Warranted Based on theOperationalRestrictions Set Forth in Dena's Operations Manuals Dena's Operations Manuals and the Manufacturer's Manual for the selectedDD-UAS will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety assessment ofDena's proposed operations, belowis a summary ofoperational limitations and conditions thatDena will adhere to, and which will ensure an equivalent orhigher level ofsafety to operations conducted under currentregulatory guidelines: 1. The DD-UAS weighs less than 55 pounds, with payload. 2. All operations shall be conducted over private or controlled-access property with verifiable permission from the land owner/controller orauthorized representative. Permission from land owner/controller or authorized representative will be obtained for each scheduled flight prior to operation. 3. All UASs operated under the Grant ofExemption will be identified by serial number, registered in accordance with 14 CFRpart 47, and have identification (N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable. 4. Minimum crewfor each"flight operationwill consist ofa pilot, who

### will be Pilot-in Command ("PIC") ofthe DD-UAS, and one ormore Visual Observers ("Observer") as necessary to safely conduct the mission. 5. PICs shall possess either a private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District ofColumbia, Puerto Rico, a territory, a possession, orthe Federal government. The PIC will also meetthe flight review requirements specified in 14 C.F.R 61.56 in an aircraft inwhich the PIC is rated on his orher pilot certificate. 6. The DD-UAS shall be operated within VLOS ofthe PIC and Observer at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified onthe PIC's FAA-issued medical certificate.U.S Department ofTransportation January 14, 2015 Page7 7. The PIC and Observerdesignated for any operation will 

### beabletocommunicate verbally at all times. 8. Electronic messaging or texting will not be permitted during flight operations. 9. The additional requirements identified in the Grant ofExemption shall be added to the Dena's Operations Manuals. The Operations Manuals will be maintained and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations in the Grant ofExemption andDena's Operations Manuals, the conditions and limitations in the Grant ofExemption shall take precedence and mustbe followed. Otherwise, Dena shall follow the procedures outlined in their Operations Manuals. 10. Denamay update or revise its Operations Manuals. Revisions will be tracked and a revised copy ofthe Manual will be provided to the Administratorupon request. Dena will also present an updated and revised Operations Manuals ifit petitions for extension or amendmentto its Grant ofExemption. Ifanupdate or revision would affect thebasis upon which the FAA grants the exemption, Denawill seek an amendmentto its Grant ofExemption. Denawill contact the FAA's UAS Integration Office (AFS-80) ifquestions arise regarding updates orrevisions to the operating documents. 11. DenaOperationsManuals and its Grant ofExemptionwill 

### be availableto,thePIC at· the ground control station anytime the DD-UAS is operating. 12. The PIC is prohibited from beginning a DD-UAS flight unless (considering wind and forecast weather conditions) there is enoughpower to fly to the first intended point of landing, and assuming normal cruising speed, to fly afterthat for at least 10 minutes. 13. Maximumtotal flight time for each operational flight using the DD-UAS will be limited to 40 minutes orthe amount oftime the UAS can be flown and still maintain a reserve battery power ofno less than 25%, whichever occurs first. 14. Flights will be operated at an altitude ofno more than 400 feet AGLand

### will ·never enter navigable controlled airspace without timely prior written authorization and approval from the FAA. Inthe event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point onthe structure, and no more than 50 feet horizontally from the structure. 15. Flight operations mustbe conducted at least 500 feet from all nonparticipating persons. (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are presentthat sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or;U.S Department ofTransportation January 14, 2015 Page 8 b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closerto those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operatortrainees or essential persons do not present an undue hazard to those persons per 

### § 91.119(a). 16. The DD-UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 17. The DD-UAS may not operate within 5 nm ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letter ofagreement with that airport's management is obtained, andthe operation is conducted in accordance with a NOT AM as required by the FAA. The letter ofagreement with the airport management will be made available to the Administratorupon request. 18. Prior to each flight the PIC shall inspect the DD-UAS to confirm that it is in a condition safe for flight. The pre-flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections ofthe operating documents as well as equipment updates. The PIC shall not operate any DD-UAS ifthe inspection reveals a conditionthat affects the safe operation ofthe DD-UAS until the necessary maintenance has been performed and the DD-UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations mustbe properly documented inthe UAS's records as required by Dena's Operations Manuals. 19. Dena will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection, and alterations will be fully noted in the DD-UAS records, including total time in service, description ofwork accomplished, date completed andthe signature ofthe authorized personreturning the DD-UAS to service. 20. Any DD-UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement ofa flight critical component) musttimely undergo a functional test flight in accordance with Dena's Operations Manuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records ofthe flight. The requirements and procedures for a functional test flight and DD-UAS record entry shall be included in theDena's Operations Manuals. 21. The DD-UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins and product updates.U.S Department ofTransportation January 14, 2015 Page9 23. Dena will obtain an Air Traffic Organization ("ATO") issued Certificate ofWaiver orAuthorization, otherwise known as a COA, prior to conducting any operations under this Grant ofExemption. A NOT AM will be issued as required by the CO A. All operations will be conducted in accordance with airspace requirements inthe ATO issued COA including class ofairspace, altitude level and potential transponder requirements. 24. All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local lawenforcement, fire or other appropriate governmental agencies. 25. Ifthe DD-UAS loses communication with the PIC, it will have the capability to safely return to a pre-determined location within the operational area and land safely. 26. Contingency plans will be in place to safely terminate flight ifthere is a loss of communicationbetweenthe PIC andthe Observer. 27. The DD-UAS will have the capability to safely abort flight in the case ofunpredicted obstacles or emergencies. 28. PICs and Observers will have at least a current Class III Medical Certificate or a valid and current state driver's license issued within the United States. 29. Priorto conducting operations for filming, thePIC will have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.5l(b), a minimum of200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and atleast 10 hours logged as a UAS pilot with a similar DD-UAS type platform. This requirement canbe achieved by flights conducted and logged as a hobbyist. 30. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.51(b), a minimum ofhours pursuant to 54 CFR 

### § 61.51(b) as UAS pilot operating the make and model ofDD-UAS to be utilized for operations under the exemption andthree take-offs and three landing in the preceding 90 days. 31. Operations shall occur during daytime VFRMeteorological Conditions; flights under special visual flight rules (" SVFR") shall not be conducted. 32. The DD-UAS shall remain clear and yield the right ofway to all other manned operations and activities at all times (including, but not limitedto, ultralightvehicles, parachute activities, parasailing activities, hang gliders, etc.). 33. DD-UAS Operations under Instrument FlightRules, atnight, orbeyond VLOS are prohibited.U.S Department ofTransportation January 14, 2015 Page 10 any film-flight operations while in motion from atop any elevated platform vehicle or device. 35. Before conducting operations, the radio frequency spectrum used for operation and control ofthe DD-UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. V. 

### REGULATIONS FROMWHICHEXEMPTION IS REQUESTED The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under§ 40101 ofthe Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is inthe public interest.3 Dena seeks an exemption from several interrelated provisions ofTitle 14 ofthe Code ofFederal Regulations(" 14 C.F.R") Parts 21, 45, 61 and 91 for purposes ofconducting the requested operations using DD-UAS platforms noted above. Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitionerhas established which will ensure a level ofsafety better than or equal to the rules from which exemption is sought.4 

### UNMANNED AIRCRAFT SYSTEM A. 14 C.F.R. Part 21, SubpartH - Airworthiness Certificates and 14 C.F.R. §91.203(a)(l) The FAA has stated that no exemption is needed from this section ifa fmding is made under the Reform Actthatthe UAS selected provides an equivalent level ofsafety when compared to aircraft normally used for the same application. These criteria are met and in point offact exceeded, and therefore no exemption is needed. 5 If, however, the FAA determines thatthere are some characteristics ofthe chosen UAS that fail to meet the requirements ofthe Reform Act, an exemption is requested. 

### EquivalentLevel of Safety Dena's use ofthe DD-UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description ofproposed operations in Section IV(A), the DD-UAS weighs less than 55 pounds, including payload and will notbe flown at a ground speed in excess of50 knots. The DD-UAS is also equipped with safety features which will allow

3 49 U. S.C. § 4470l(f) (authorizing the grant ofexemptions from requirements ofregulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702- 44716). 4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect

**saf~tY,,**_or.

**pq,~,JQ~UlX:!'(mptjon** would provide a level ofsafety at least equal to that

**~A:i~i~~~~~"''*;~!i'it;~·\iM-¥~~~~{~~tfA~'?h·~·**



# ~,~~~~~l.iillilsffi~)rMdi~fit&.~~fffi&**Amiffl(ift':\~~P~~rr)~~l,~\~~s.1 ~1** **~ \~**  **~>·**U.S Department ofTransportation January 14, 2015 Page 11 Petitioner to operate the DD-UAS safely after experiencing certain in-flight contingencies or failures as noted below.6 7 Additionally, the DD-UAS carries neither pilots nor passengers, carries no explosive materials or flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive and operate exclusively within the parameters stated in Dena's Operations Manuals. Operations conducted under this exemption will be closely controlled and monitored by the PIC operator and will be conducted in compliance with local public safety requirements, to provide security for the area ofoperation. Dena will also provide the FAA with advance notice ofall operations viaNOTAMs as required by the applicable COA. In all cases, operation ofthe DDUAS under the proposed conditions will be at least as safe as, or saferthan, conventional rotorcraft operating with an airworthiness certificate. Lastly, the DD-UASs do not need a means to communicate with other aircraft or ATC, because those capabilities will be solely possessed by the PIC and Observer, who are not onboard the DD-UAS. 8 In addition, no sense-and-avoid technology is necessary for the DD-UASs because they will be operated at all times in VFR conditions and within VLOS ofthe PIC and Operator. 9 

### B. 14 C.F.R. Part 27 Airworthiness Standards: Normal CategoryRotorcraft Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that Dena's small DD-UAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards

6 See e.g., Grant ofExemptionNo. 11184 to Low Country RC, Corp. (FAA-2014-0803 at pg. 3): "The [Dfl S1000) has the capability to operate safely after experiencing certain in-flight contingencies orfailures and uses an autopilot system to maintain UAS stability and control. TheUAS is also able to respond to a loss ofglobal positioning system (GPS) or a lost-link event with a pre-coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level ofsafety compared to a manned aircraft performing a similar operation."

7 See e.g., Grant ofExemptionNo. 11184 to VDOS Global, LLC. (FAA-2014-0382 at pgs. 4-5): "The DD-UAS can be operated entirely by a touch-screen, map-based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The DD-UAS canbe operated in both semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre-planned flight path for a flight. In addition, the operator can create no fly zones ormaximum flight ranges and altitudes so the system cannot enter areas deemed unsafe orunnecessary to fly over. The petitioner states further thatthe UAS has built-in intelligent fault handling which allows the DD-UAS to detect a system fault while in the air and automatically fly backto its takeofflocation and land. Faults that can be detected include: loss ofcommunication; exceeding pre-set wind thresholds; and lowbattery levels." All flight operations are global positioning system (GPS) controlled, makingthe system easy to navigate. At any point ifthe operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety ofsensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link- to prevent a 'fly away' or other potentially dangerous situation- is available to the operator."

8 See Grant ofExemptionNo. 11062 to Astraeus Aerial (FAA-2014-0352 atpg. 13).U.S Department ofTransportation January 14, 2015 Page 12 for the same reasons identified inthe request for exemption from 14 C.P.R. R. Part21, Subpart 

### H,supra. C. 

### 14 C.F.R. 

### §§ 91.9(c), 45.23(b) and 45.27(a): AircraftMarking and Identification Requirements Dena seeks an exemption from the aircraft marking and identification requirements contained in 14 C.P.R. §§ 91.9(c), 45.23(b) and 45.27(a).

• 14 C.F.R. § 91.9(c), Civil AircraftFlightManual, Marking and Placard requirements, provides that: No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with Part45 ofthis chapter.

• 14 C.P.R. 

### § 45.23(b), Markings ofthe Aircraft, states: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft orexperimental or provisionally certificated aircraft, the operator must also display onthat 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 "limited," "restricted," "light-sport, "experimental," or "provisional," as applicable.

• 14 C.P.R. 

### § 45.27(a), Rotorcraft, states: Each operator ofa rotorcraft must display onthatrotorcraft horizontally on both surfaces ofthe cabin, fuselage, boom, ortail the marks required by 

### § 45.23. In a previous Grant ofExemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N-Number) markings in accordance with 14 C.F.RPart45, Subpart C ifthe markings are as large as practicable." 10 

### EquivalentLevel of Safety All DD-UAS flown by Denawill bearN-number markings that are as large as practicable in accordance with 14 C.P.R. Part45, Subpart C. 11 D. 

### 14 C.F.R. 

### § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

10 FAA DocketNo. FAA-2014-0352. 11 See, e.g., FAADocketNo. FAA-2014-0352, at 14.U.S Department ofTransportation January 14, 2015 Page 13 Dena seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. 

### § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specifY maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. 

### § 91.405(a) (stating that each owner or operator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections

...have discrepancies repaired as prescribed in part 43 ofthis chapter"). An exemption.from these regulations is neededbecausePart43 andthese sections onlyapply to aircraft with an airworthiness certificate, which the UASplatforms to be operated under this grant of exemption will nothave. (Emphasis added) 

### EquivalentLevel of Safety An equivalent level ofsafety will be achieved or exceeded because maintenance and inspections will betimely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by Dena's Operations Manuals, the PIC will conduct a pre-flight inspection ofthe DD-UAS and all associated equipmentto account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation ofthe DD-UASs and no flights will occur unless, and until, all flight critical components ofthe DD-UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement ofany flight-critical components. As required by Dena's Operations Manuals, the PIC who conducts the functional test flight will make an entry in the DD-UAS aircraftrecords ofthe flight. Dena's Operations Manual also includes requirements to follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces (including ailerons/elevons), structures 

### & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Dena's Operations Manuals also include procedures to document and maintain a record ofthe DD-UAS's maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service ofthe DD-UAS used under this Grant ofExemption. As a whole, the maintenance and inspection procedures required in Dena's Operations Manuals ensure that an equivalent orhigher level ofsafety will be achieved. 

### PILOT-IN-COMMAND OF THE UAS E. 14 

### C.F.R. § 

### 61.113: PrivatePilot Privileges and Limitations Dena seeks exemption from 14 CFR 

### § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose ofPart 61 is to ensure thatthe skill and competency ofany PIC matches the airspace in whichthe PIC will be operating, as well as requiring certifications ifthe private pilot is carrying passengers or cargo for hire. Inthis case, while the DD-UAS will be operated as part ofa commercial operation, they carry neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial, the FAA determined thatthe unique characteristics ofUAS operation outside ofcontrolled airspace did not warrantthe additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II MedicalU.S Department ofTransportation January 14, 2015 Page 14 Certificate. 12 The fulfillment ofthe additional requirements for a private pilotto become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved. 

### EquivalentLevelof Safety The restrictions Denahas placed on its DD-UAS operations meet or exceed the restrictions similarly imposed onAstraeus Aerial. Dena will operate onprivate property away from persons and property not involved in the operation. Denawill also obtain an ATO issued COA prior to conducting any operations under this Grant ofExemption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class ofairspace, altitude level and potential transponder requirements. A NOT AM will also be issued as required by the applicable COA. In addition to these flight restrictions, Denawill further ensure safe operationby requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects ofDD-UAS flight. As set forth inthe Operations Manuals, pilots will have experience not only in DD-UAS operations generally buthave logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights onbehalfofDena. The pilot qualification, training, and currency requirements in the Operations Manuals ensure thatDena pilots are competent and proficient in the DD-UAS they are operating. Dena's training and qualification requirements are consistent with those contained in prior FAA Section 333 Grants ofExemption, and will provide a higher level ofcompetency and proficiency for its pilots and will ensure at least an equivalent level ofsafety to the public. 

### OPERATING PARAMETERS OF THE UAS F. 14 

### C.F.R. § 

### 91.7(a): Civil AircraftAirworthiness Inasmuch as there will be no airworthiness certificate issued for the UASs, Dena seeks an exemption from 14 C.F.R. §91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. 

### § 91.7(a) to the extent that the requirements ofPart 21 are waived or found inapplicableY Accordingly, Petitionerrequests thatthe requirements for§ 91.7(a) be treated in accordance with Section V(A), supra. 

### G. 14 

### C.F.R. 

### § 91.9(b)(2): Civil AircraftFlight Manual in theAircraft and 14 

### C.F.R. § 

### 91.203(a) and (b): CarryingCivil Aircraft Certification and Registration Title 14 C.F.R. § 91.9(b) (2) and§ 91.203(a) and (b) require the operator to carry airworthiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b) (2):

12 Exemption No. 11062 (FAA Docket No. FAA-2014-0352). 13 See Id. at 13-14, 22.U.S Department ofTransportation January 14, 2015 Page 15 (b) No person may operate a U.S.-registered civil aircraft- (2) For which an Airplane or Rotorcraft Flight Manual is required by§ 21.5 ofthis chapter, unless there is available inthe aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof Pursuant to 14 C.F.R. § 91.203(a) and (b): (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) ofthis section or a special flight authorization issued under§ 91.715 is displayed at the cabin or cockpit entrance so that itis legible to passengers or crew. Given the small size and configuration ofthe DD-UAS, it wouldbe impossible to keep airworthiness documents and other aircraft manuals onboard the DD-UAS because there is simply no room and the DD-UAS has no cabin or cockpit. As a way to comply with the code Dena will maintainthe documents with the PIC and make them available for inspection. 

### EquivalentLevelof Safety In anFAA Office ofChiefCounsel's Opinion dated August 8, 2014, and prepared by DeanE. Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met ifthe pilot ofthe unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. 14 As this FAA Office ofChiefCounsel Opinion clarifies, the intent ofthe rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level ofsafety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS. 

### H. 14 C.F.R. 

### § 91.103: PreflightAction Dena seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained inthe FAAapproved FlightManual onboard the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAAapprovedFlight Manual is required. 

### EquivalentLevel of Safety

14 Memorandum from MarkBury, FAA Assistant ChiefCounsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also DocketNo. FAA-2014-0352 at 16-18.U.S Department ofTransportation January 14, 2015 Page 16

An equivalent level ofsafety will be provided by following the Dena's Operations Manuals and the Manufacturer's Manual. The PIC will perform a series ofchecklists designed to identify any defects or inoperable components in accordance with the Dena's Operations Manuals, including checklists covering Pre-Flight, Launch, Landing, andPost-Flight procedures. The PIC will also berequired to review weather, flight requirements, battery charge, landing and takeoffdistance, UA performance data, and contingency landing areas-before initiation offlight. Dena's Operations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS. 

### I. 14 C.F.R. 

### § 91.109(a): Flight Instruction Dena seeks an exemption from 14 C.F.R. 

### § 91.109(a), which provides in pertinent part that "[ n]o 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." UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use ofa device that communicates with the aircraft viaradio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. 

### § 91.109(a). 

### EquivalentLevel of Safety Giventhe size and speed ofthe UASs that Denaintends to use, an equivalent level ofsafe training can still be performed without dual controls because no pilot orpassengers are aboard the UAS, and as required by the Dena's Operations Manuals, all persons will be a safe distance away inthe event that the UAS experiences any difficulties during flight instruction. Moreover, as required by the Dena's Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for in Dena's Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level ofsafety than that provided by the flight instruction regulations. 

### J. 14 C.F.R. 

### § 91.119(c): Minimum SafeAltitudes Dena requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non-congested areas. See 14 C.F.R. 

### § 91.119(c). Section 91.119(d) allows for a helicopterto operate at less than those minimum altitudes when it can be operated "without hazard to persons orproperty onthe surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA." An exemption is required because the proposed DD-UAS operation will normally need to occur

15 Relieffrom § 91.119(a) will not be necessary because Petitioner will be able toperform an emergency landing without undue hazard to persons orproperty on the ground in the event ofa failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g., Grant ofExemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA-2014-0534 at 15).U.S Department ofTransportation January 14, 2015 Page 17 below 400 feet AGL. In circumstances where the DD-UAS is used to inspect a structure whose height exceeds 400 feet AGL, the DD-UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally ofthe structure. Additionally, due the nature ofthe proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the DD-UAS. EquivalentLevelof Safety Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack offlammable fuel with the above noted UASs, any risk associated with these operations is far less than those which presently exist with conventional aircraft. An equivalent level ofsafety will be achieved given the size, weight, and speed ofthe DD-UASs, as well as the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspecting a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally ofthe structure. As set forth in the Operations Manuals, the DD-UAS will be operated in a restricted area, and aU.· flights will be operated at a lateral distance ofat least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the DD-UAS and any possible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated ifa nonparticipating person within 500 feet ofthe DD-UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller timely has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closer to those objects and, operations near the PIC or Observer will not present an undue hazard per§ 91.119(a). Adherence to these restrictions in Dena's Operations Manuals will ensure operations can be conducted without compromising public safety. 16 K. 14 C.F.R. § 91.121: Altimeter Settings Dena seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation ofthe departure airport orbarometric pressure. An exemption is required to the extent thatthe UASs do not have a barometric altimeter, but rather a GPS altitude read out.

16 See e.g., Grant ofExemptionNo. 11138 toDouglas Trudeau (FAA-2014-0481 at 19): "Ifbarriers or structures are presentthat can sufficiently protect nonparticipating persons from the UA or debris in the event ofan accident, then the UA may operate closerthan 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately. When considering how to immediately cease operations, the primary concern is the safety ofthose nonparticipating persons. In addition, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller ofany such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment ofthe risk ofoperating closertothose objects and determines thatit does not present an undue hazard."U.S DepartmentofTransportation January 14, 2015 Page 18 

### EquivalentLevel of Safety TheFAA has stated that anequivalent level ofsafety to the requirements of 14 C.F.R. §91.121 canbe achieved incircumstances where: (1) the UASs will be operatedbelow 400 feet AGL or below17, (2) within VLOS, (3) where GPS based altitude



### info~ation is



### rela~ed inreal



### tim~ to the operator at a ground-based on-screen display and, (4) where pnorto each fhght, a zero altitude initiation point is established for the PIC to confirm accuracy ofthe onboard GPS. 18 The DD-UAS thatDena intends to use for the proposed operations will meet all these operational characteristics. Moreover, as requiredby Dena's OperationsManuals, thePIC will be required to calibrate the aircraft's GPS compass priorto each flight operation. LikepriorFAA Section 333 urants ofExemption, theDD-UAS Dena intends to use, andthe safety mitigation procedures containedinthe Operations Manuals, both ensure that an equivalentlevel ofsafety or greater level will be achieved, and a Grant ofExemptionto therequirements of§ 191.121 is therefore appropriate. L. 14 C.F.R. § 91.1Sl(a)! FuelRequirements for 

### Flight in VFR Conditions Denarequests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed

- 

### (1) During the day, to fly afterthat for at least 30 minutes; or (2) Atnight, to fly afterthat for at least45 minutes. Here,

**~he** technological limitations onUAS battery power means that no meaningful flight operatwns can be conducted while still maintaining a 30-minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover it is not Dena's intention to fly the DD-UASs at night. ' 

### EquivalentLevelof Safety Inthe Grant ofExemption to VDOS (ExemptionNo. 11112), the FAA determined that an equivalent level ofsafety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a DD-UAS flight unless (considering wind and forecast weather conditions) there was enoughpower to fly to the first intendedpoint oflanding and, assuming normal cruising speed, to fly afterthatfor at least 10 minutes. Inreaching this concl_usion, the FAA

**con~idered**_that the UAS batteries for the DD-UAS provide approximately 50 mmutes ofpowered flight (with payload) and providedbattery level and battery time

17 Ifthe height ofthe structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point onthe structure. 18 See Grant ofExemptionNo. 11062 to Astraeus Aerial (FAA-2014-0352 at 21).U.S DepartmentofTransportation January 14, 2015 Page 19 remaining inminutes and seconds to the PIC. 19 TheFAA also consideredthe fact the DD-UAS operating manual states: "startevery flight with a fully chargedbattery inthe aerial vehicle", and that inthe eventthat the DD-UAS shouldrun low on power, the PIC will be alerted and can safely landthe- DD-UAS as soon as possible. Like the VDOS GrantofExemption, Dena's use ofthe DD-UAS, combined withthe requirements ofPetitioner's Operations Manuals, ensure that

an equivalent level ofsafety canbe achieved and infact exceeded. Similarly, inthe Grant ofExemptionto AlanPurwin (ExemptionNo. 11161), theFAA determined that an equivalent level ofsafety to the fuel requirements for flight in VFR conditions couldbe achievedby prohibiting thePIC from beginning a flight with the UA unless (considering wind and forecast weather conditions), there was enough powerto safely fly at normal cruising speedto the intended landingpoint and land the UA with 25% battery power remaining. Denawill adhere to this limitation for its DD-UAS flights. TheDD-UAS includes a lowbattery warning system andthe amount ofbattery reserve power remaining is continuously transmitted to thePIC viatelemetric data feed, which downlinks from the DD-UAS to a ground-based-on-screen display. 20 As requiredby Dena's Operations Manuals, the PIC will promptly fly the DD-UAS backto the home launch location orpre-determined abort location where it may safely land, while still maintaining a minimum of25% reserve battery power. Dena submits thatthe procedures requiring flights to be safelyterminated once the batteries fall below25% capacity, combinedwiththe requirement that flights only be conducted within a secure, isolated area, using a UAS weighing less than 55 pounds, and withinVLOS of the PIC and Observer(s), ensure that the proposedoperation will provide an equivalent or higher level ofsafety to the publicto thatprovidedby the regulations from whichexemptionis sought.



### VI. DRUG AND ALCOHOL PROGRAM Denawill have policies inplace to ensure thatno person may participate inDD-UASs flight operations ifthey are underthe influence ofalcohol or any drug. 

### Vll. PUBLIC INTEREST The public interest will be served by granting Dena's Petition for Exemption. Congress has established a national policythat favors early integration ofUAS into theNAS incontrolled safe working environments such as those proposed in this Petition. Granting this Petition for ' Exemptionhelps fulfill Congress' goal inpassing Section 333(a)through (c) oftheReform Act-theFAAAdministrator's assessment ofwhether certainUAS may operate safely inthe NAS before completion ofthe statutorily required rulemaking. The proposedDD-UAS operations inthis Petitionfor Exemption significantly improves the safety and reduces risk ofharm, physical injury andproperty damage to the public at large, the

19

. GrantofExemptionNo. 11112to VDOS Global, LLC (FAA-2014-0382 at 10).

20

. TheDD-UAS ground control station displays, theUASs position, navigation route, tail number, altitude, 

### figgiJfRmg;R8flii

**~;~~- 11** 

**&**jn:-rovv,

### ;:ang.e.lc:

**1~1J}~~~g~ ~aJct:ja.tesJ.**  targe!

**posjtJon~** Yateltirne) and. senc.or head1nu: and (mentr inn fPJ'Jh\t>

**t-?R;t!-t P~cane-e**  0

**La.g~.ci,** LalCthateu target posmon, uate/tu:ne, and sensor heaaingand onenfa tOn n!11afive

### to fne tJAS: ·U.S Department ofTransportation January 14, 2015 Page20 property owners from whom permissionwas granted for usebyPetitionerand abutting properties, staffofPetitioner, unsuspecting passersby, inspecting engineers from relevant organizations and all those who may beinthe local vicinity. Traditional methods ofinspecting and monitoring potential locations and relevant sites and facilities requires locationpersonnel to climb towers, trees, venture onto precarious roofs and other dangerous scenarios, perform elevated workfor which the individual is neithertrained nor equipped to perform, which exposes themto unnecessary risk ofserious physical injury from dangerous falls or other physical mishaps. Moreover, inspectors/surveyors are often unnecessarily exposedto hazardous conditions, unsafe environments, culturally tense situations and otherhazards associated with identifYing specific locations for potential recording sites to be used in the end product. The use ofsmall UASs can eliminatethese hazards and ultimately create a much safermethod of performing these types ofinspections creating a safer environment for the public as well as Dena employees. The use ofsmall UAS also enhances safety andreduces risk to the surroundingpublic because, unlike manned aircraft weighingthousands ofpounds, carrying crew in addition to flammable fuel, the UAS carry no passengers, crew or explosive fuel. Furthermore, inthe unlikely event of

anaccident, Dena's small battery poweredDD-UAS presents significantly less dangerto persons

onthe ground when compared to operations by conventional manned aircraft.21 As Petitioner's DD-UAS are battery powered, the public will also benefit from a reduction inharmful petroleum based emissions associated with conventional aircraftperforming inthe samefunctions proposed herein. Air quality will naturally beimprovedwiththereduction offuel poweredvehicles. Lastly, as recognizedby the FAA inprior Section 333 Grants ofExemptionto filmmakers, UASs provide an additional economic tool for the aerial filming notwithstandingthe industry, adding a greater degree offlexibility, which supplements the currentcapabilities offeredby manned aircraft.22 The quality ofthe finished productis enhanced and provides a greater finished product demand which will aid the currentUAS industry andprovide additionaljobs as the.co&t **ofpr~viding** the

**ne~ded** productis greatly reduced while reducingthe difficulty with



### ~htch **~he** fimshe_d product ts created. The demand for the current industrial product is

**n~creasmg** and wtll continue to increase giventhe enhanced flexibility ofproduction; therefore, gtven the lower cost, owner/operators and others inthe relevant industry will be more inclinedto utilize the services ofcommercial UAS along with an appropriate licensedPIC's.

21



## ~ee**Gr~nt** ofExen:ptionNo. 11158 to Team 5, LLC (FAA-2014-0783 at 12): "Manned helicopters conducting aenal filmtng can wetgh 6,000 pounds ormore and are operated by an onboard pilot, in addition to other onboard

**crew~embers,** as nec.essary. The petitioner's UAS will weigh less than 55 poundswithno onboard pilot orcrew. The ptlotand

**cr~w** Will beremotely located from the aircraft. The limitedweight significantly reduces the potential for harm to parttcipating and nonparticipating individuals or property inthe eventofan incident or accident. Risk

to an onboard pilotand crewduring an incident or accidentis eliminated with the use ofa UAfor the aerial filming operation." 22 See e.g., Grant ofExemptionNo. 11178 toPictureFactory, Inc. (FAA-2014-0794 at 18).U.S DepartmentofTransportation January 14, 2015 Page21 

### VllL PRIVACY AllDD-UAS operations willbe conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted over private or controlled-access property with permissionfrom the land owner/controller or authorized representative. Permission from land owner/controller or authorizedrepresentative will be obtained for eachflightto be conducted. IX. 

### FEDERAL REGISTER SUMMARY Pursuantto 14 C.F.R. Part 11, the following summary is providedfor publication inthe FEDERAL REGISTER, should itbe determinedthatpublication is needed: Petitioner seeks an exemption from the following rules in Title 14 ofthe Code ofFederalRegulations: Part21, SubpartH; Part27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b). The exemptionwill enhance safety by reducing riskto the aircraft crew, production crew, general public, property owners and city structures from the substantial hazards associated with performing equivalent film work and aerial video productionwith conventional fixed-wing aircraft, rotorcraft, or othermethods. 

### X. CONCLUSION Dena'sPetition for Exemption satisfies the criteria articulated in Section 333 ofthe Reform Act of2012 which includes weight; speed; operating capabilities; proximity to airports and populated areas; operation withinVLOS and national security. The proposedDD-UAS operations will benefitthe public as a whole by improving safety andreducing riskby alleviatinghuman exposure to danger while lowering the attendant related costs thereby increasingthe demand for the finished product. Inconsideration ofthe foregoing, this Petition for Exemptionprovides the FAA with more than adequatejustification for granting the requested exemptions allowing Dena to use smallDD-UAS inthe recorded production ofits product. We thankyoufor your prompt consideration ofour requested exemptions. Respectfully Submitted,

Jose Resendiz DenaDrones 1272E. Lexington Pasadena, CA 91104 Phone: 213.247.1865: Email: denadrone@yahoo.com

### U.S DepartmentofTransportation January 14, 2015 Page22 (The following attacheditems contain proprietary and commercial infonnation exempt from disclosure under theFreedom oflnfonnationAct, 5U.S.C. 

### § 522 et seq., and shouldbe held in a separatefilepursuantto 14C.F.R. § 11.35(b)). Attachments: 1. General Operations Manual 2. 

### PIC OperatingManual 3. Company Protocols 4. LocationProtocols 5. Flight Communications Protocols 6. DepartingLocationProtocols 7. TransmitterProtocols 8. PreflightChecklist 9. PostFlightChecklist 10. Equipment Checklist 11. UAS Manufacturer's Manuals a. UserManuals b. UAS MaintenanceManuals 

### PETITIONERREQUESTS THAT GOOD CAUSE EXISTS TOEXEMPTANY PART OF TIDS PETITIONFROMBEINGPUBLISHED IN THE FEDERAL REGISTERPUBLIC FORUMBECAUSE THEREQUESTED EXEMPTIONWOULD NOT SETA PRECEDENT, AND ANY DELAYINACTING ON TIDS PETITIONWOULD BE DETRIMENTALTO THE PETITIONER.