U.S. DepartmentofTransportation Docket Management System 1200New Jersey Ave., SE Washington, DC 20590

Petition ofAirway Drones, LLC for Exemption Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012. To Whom It May Concern: Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 CFRPart I I, Airway Drones, LLC, hereby applies for an exemption from Federal Aviation Regulations (FARs) identified below, to allow commercial operations ofsmall unmanned aerial system (i.e., sUAS). This exemption is in accordance with protocols outlined in this petition for exemption, including the enclosed UAS manufacturer's operations and/or instructions manual, OAS User's Manuals, UAS Quick Start Guides, and any otherrequirements established by the FAA pursuantto Section 333 ofthe Reform Act. This exemption would permit commercial operation by Airway Drones, LLC, which uses DJI Phantom 3 Professional, Dll 

### SlOOO+, and DJI S900 to conduct sUAS flight training, supportto news services, real estate photography and videography, construction, waterway and land planning and use photography, agriculture, education, oil and gas industry infrastructure inspection and demonstration flights. Airway Drones, LLC's operation underthe exemption will be subjectto strict operating requirements and conditions to ensure an equivalent level ofsafety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333

. Airway Drones, LLC will be operated under controlled VFR conditions at low altitude in airspace that is permitted in accordance with Airway Drones, LLC's approved Certificate ofAuthorization (COA). They will operate the sUAS's with pilots who are current and qualified with a FAA Pilot Certificate and only after completingAirway Drones, LLC's trainingprogram. Finally, when operating within controlled airspace, the controlling FAA ATC will approve the airspace in which the sUAS will operate in advance. Airway Drones, LLC respectfully submits this request for an exemption because it operates sUAS's. The operations Airway Drones, LLC will be conducting will be in lieu ofcomparatively hazardous operations required with fixed wing conventional aircraft. The FAA canhave confidence thatthe operations will be conducted at an equivalent level or greater level ofsafety. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities under Section 333(c) ofthe Reform Act to "establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." For your convenience, Airway Drones, LLC has organized this Exemption request as follows:I. Petitioner's Description 

### II. Relevant Statutory Authority III. Qualifications for Approval Under Section 333 ofthe Reform Act IV. Description ofProposed Operations V. Regulations From Which Exemption is Requested VI. Public Interest VII. Privacy VIII. Federal Registry Summary IX. Conclusion I. Petitioner's Description Airway Drones, LLC, headquartered in Mobile Alabama, is a companythatprovides sUAS flight training, support to news services, real estate photography and videography, construction, waterway and land planning and use photography, agriculture, education, oil and gas industry infrastructure inspection and demonstration flights in a compliant and safe environment. Airway Drones, LLC plans on providing a wide range ofservices as the sUAS market expands. The management atAirway Drones, LLC is anFAA certificated pilot and has 3 years experience operating sUAS's. All Airway Drones, LLC pilots will hold Private certificates or above in fixed

wing orrotary-wing aircraft. The contact information for Petitioner is as follows: Airway Drones, LLC

. 3135 James Madison Dr E Mobile AL 36693 II. Relevant Statutory Authority This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. Congress has directed the FAA "to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system." Pursuantto Section 333 ofthe Reform Act, the FAA Administrator is to consider whether certain unmanned aircraft systems may operate safely in the National Airspace ("NAS") before completion ofthe formal UAS rulemaking, based on the following considerations:

• The UAS's size, weight, speed, and operational capability;

• Operation ofthe UAS in close proximity to airports and populated areas; and• Operation ofthe UAS within the visual line ofsight ofthe operator. Ifthe Secretary determines that such vehicles "may operate safely in the National Airspace System, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the National Airspace System". Additionally, the FAA Administratorhas general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. A party requesting an exemption must explain the reasons why the exemption: (l) would benefitthe public as a whole, and (2) would not adversely affect safety (orhow it would provide a level ofsafety at least equal to the existing rules). 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, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:

### The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any ofsections. ID. Qualifications for Approval Under Section 333 ofthe Reform Act The proposed operations in this petition for exemption qualify for expedited approval under Section 333 ofthe Reform Act. Each ofthe statutory criteria and other relevant factors are satisfied. The proposed operations would permit Airway Drones, LLC the use ofsmall UAS under controlled conditions in airspace that is: (1) predetermined; (2) controlled as to access; and that (3) provides an increased level ofsafety beyond that existing when fixed orrotor wing aircraft are used to accomplish the same purpose. Airway Drones, LLC uses UASs that are multirotor airplanes, weighing less than 55 pounds including payload. They operate, under normal conditions, at speeds not to exceed 50 mph. The multirotor has the capabilityto hover and move in the vertical and horizontal plane. Airway Drones, LLC's UASs will operate in line ofsight, during daylight hours, and will only operate within a sterile area. Airway Drones, LLC will operate at or below 400 feet AGL and will file a NOTAM for each flight operated in controlled airspace that is required

. All required permissions and permits would be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire, or other appropriate governmental agencies priorto operating a sUAS. Given the small size ofthe sUAS's involved and the restricted sterile environment within which theywill operate, this Airway Drones, LLC's exemption falls within the zone ofsafety and demonstrate an equivalent level ofsafety, in which Congress desired the FAA to permit commercial UAS operations by exemption pending completion offormal rulemaking. Also, due tothe size ofthe sUAS's and the confined area in which these UAS's will operate, approval ofthe application presents no hazard in the NAS.Considering the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level ofsafety surrounding the proposed operations, and the significantpublic benefit, the grant ofthe requested exemptions is also in the public interest. 

### IV. Description ofProposed Operations To assist the FAA in its safety assessment ofAirway Drones, LLC's proposed sUAS operations, below is a summary ofoperational limitations and conditions that will ensure an equivalent or higher level ofsafety to operations conducted under current regulatory guidelines: 1. The sUAS will weigh less than 55 pounds. 2. Flights will be operated within line ofsight ofthe PIC and /orvisual observer. 3

. Maximum total flight time for each operational flight will be limited to the amount of time the sUAS can be flown and still maintain a reserve battery powerquantity ofno less than 25%

. 4. Flights will be operated at an altitude ofno more than 400 feet AGL. 5

. Flights will be operated at a lateral distance ofleast 100 feet from any inhabited structures, buildings, v ehicles, vessels, people not associated withthe operation or who have not signed a waiver in advance ofthe operation

. 6. Minimum crew for each operation will consist ofthe sUAS Pilot in Command and a Visual Observer when operating with the use ofFirst Person View (FPV) equipment. Additional crewmembers may consist ofa Pilot and a Camera Operator

. 7
. The sUAS Pilot in Command will be an FAA licensed airman with at least a private pilot's certificate, third class medical, and a current check required by 14 CPRPart 61

.56 in an aircraft in which the PIC is rated onhis or her pilot certificate. 8

. Airway Drones, LLC will designate a Pilot in Command ("PIC") for each mission. 9
. The sUAS will operate only within a confined sterile area. 10

. Prior to the operations at a particular location, a site inspection will have been conducted

. On the day ofthe mission the managementperson with operational control and the PlC will concur on dispatching ofthe mission. 11. A briefing will be conducted in regard to the planned sUAS operations priorto each day's missions. It will be mandatory that all personnel who will be performing duties within the boundaries ofthe sterile area be presentfor this briefing. 12. Airway Drones, LLC crew will use the checklist and callouts.13. All sUAS's will be maintained in compliance with the manufacturer's and Company guidelines. 14

. Inthe event ofan accident involving an Airway Drones, LLC sUAS, the PIC will cease operations and report the accidentto the NTSB and AFS-80. 15. Pilot in Command and Visual Observer will at all times be able to communicate by voice. 16

. Pilot in Command, Pilot, Camera Operator, Visual Observer, and Operational Personnel will have been trained and tested in accordance to Airway Drones, LLC's UAS AircraftTraining Manual. I7. All requiredpermissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 18. 

### In compliance withthe approved Waiver, Airway Drones, LLC managementwill submit a written "Plan ofActivities" to the local Flight Standards District Office (FSDO) havingjurisdiction over the area ofproposed filming three days in advanced of operations during film or movie productions. 19. Ifthe sUAS loses communications signal, the sUAS will have the capability to return to a pre-determined location withinthe Sterile Area and land. 20. Contingencyplans will be inplace to safely terminate flight ifthere is a loss of communication between the pilot and the observer. 21. The sUAS has the capability to abort a flight in case ofunpredicted obstacles or emergencies. 22. Airway Drones, LLC, will assure no individuals' privacy is violated

. 23. ATC will be contacted prior to operating in airspace otherthan G. V. Regulations From Which Exemption is Requested A. 14 CPR§ 91.103: PreflightAction B. 14 CFR § 91.113: Right-of

-Way Rules C. 14 CFR § 91.l 19 (c): Minimum Safe Altitudes D. 14 CFR 

### § 91.121: Altimeter Settings E. 14 CFR 

### § 91.151 (b): Fuel Requirements for Flight in VFR Conditions F. 14 CFR § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.41?(a) and (b): MaintenanceInspections 

### A. 14 CFR § 

### 91.103: Preflight Action Airway Drones, LLC requests an exemption from the preflight actions requirements of 14 CFR 91.113 thatprescribes the preflight actions under which aircraft may operate: Each pilot in command shall, before beginning a flight, become familiar with all available information concerningthat flight. (a) Flight under IFR or a flight not in the vicinity ofan airport, weather reports and forecasts, fuel requirements, alternatives available ifthe planned flight cannotbe completed, and any knowntraffic delays ofwhich the pilot in command has been advised by ATC; (b) For any flight, runway lengths at airports ofintended use, and the following takeoff and landing distance informat ion: (1) Forcivil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoffand landing distance data is required, the takeoffand landing distance data contained therein; and (2) For civil aircraft otherthan those specified in paragraph (b )(1) ofthis section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values ofairport elevation and runway slope, aircraft gross weight, and wind and temperature. Ai rway Drones, LLC will not operate sUAS's under IFR conditions or when the ceilings are below 1000 feet and the visibility is below 3 statute miles

. 

### Dn has notpublished approved Rotorcraft Flight Manual containing takeoffand landing distance data. 

### Equivalent Level ofSafety Airway Drones, LLC will ensure that the weather will be adequate to complete the mission in VFR conditions

. Since Airway Drones, LLC operates in traditionally density altitude area, never usually above 2000 feet MSL, UAS performance is notaffected. When Airway Drones, LLC operates at a high altitude location, the UAS will be test flown atgross weight to test performance limitationsprior to conducting commercial operations. 

### B. 14 CFR91.113: Right-of-Way Rules Airway Drones, LLC request an exemption from 14 CFR 91

.113 Right

-of

-way rules, requiring vigilance by each person operating an aircraft so as to see and avoid other aircraft

. When a rule of this section gives anotheraircraft the right-of-way, the pilot shall give way to that aircraft and may notpass over, under, orahead ofit unless well clear

. Airway Drones, LLC operates small pilotless UAS's and cannot comply with these rules as they have been wri tten.

### EquivalentLevel ofSafety Airway Drones, LLC operates sUAS's atorbelow an altitude of400 feet AGL, well below the normal operating altitude ofother aircraft. An Airway Drones, LLC PIC with extensive aeronautical experience will oversee each mission and has knowledge ofthe avoid rules. A Visual Observer will assist the PIC in looking for aircraft entering the operations area. It's the responsibility ofthe PIC to cease operations and landthe UAS immediately whenever any aircraft comes into the vicinity creating a potential threat. Operations cannot recommence until the threat is clear. 

### C. 14 CFR. § 

### 91.119: Minimum Safe 

### Altitudes Airway Drones, LLC requests an exemption from the minimum safe altitude requirements of 14 CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may operate:

• Over any congested area ofa city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet ofthe aircraft.

• Over otherthan congested areas at an altitude of500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to anyperson, vessel, vehicle, or structure. Section 91

. 119 (d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "withouthazard to persons orproperty on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA." To provide the intended operations, the sUAS is normally operated below 400 feet AGL. Additionally, due to the nature ofthe proposed operations, the sUAS will maintain a lateral distance ofat least 100 feet from inhabited structures, buildings, vehicles, and vessels, and from people not associated with the operation. 

### EquivalentLevel ofSafety Compared to flight ofnormal aircraft, Airway Drones, LLC's multi-rotor aircraftweigh a maximum of55 pounds, and given the lack offlammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level ofsafety will be achieved given the size, weight, and speed ofthe UAS, as well as the location where it is operated. The sUAS will be operated in a sterile area, where buildings and people will not be exposed to operations without theirpre-obtained consent. Because ofthe advance notice to theproperty owners and participants, all affected individuals will be well aware ofthe planned flight operations. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with aircraft that are subjectto the minimum safe altitude regulations. Finally, the successful safety record ofthe OJI sUAS's demonstrates that the sUAS can be safely used atthese lower altitudes and closer operating environments.D. 14 C.F.R. 

### § 91.121: Altimeter Settings Airway Drones, LLC seeks an exemption from 14 CFR 91.121, which requires a person operating an aircraftto maintain cruising altitude or flight level by reference to an altimeterthat is setto the elevation ofthe departure airport or barometric pressure. An exemption is required because some of the sUAS aircraft do nothave a barometric altimeter, butrather a GPS altitude read out. EquivalentLevel ofSafety An equivalent level ofsafety will be achieved in that Airway Drones, LLC will confinn the altitude ofthe launch site shown on the GPS altitude indicatorbefore flight. Moreover, the PIC will use the GPS altitude indicatorto constantly monitor the sUAS's height, thus ensuring operation at safe altitudes. E. 14 CFR 91.lSl(a): Fuel Requirements for Flight in VFR Conditions Airway Drones, LLC requests an exemptionfrom 14 CFR § 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 weatherconditions) there is enough fuel to fly to the first point ofintended landing, and assuming nonnal cruising speed

- (1) During the day, to fly afterthatfor at least 25 minutes; or (2) Atnight, to fly afterthat for at least45 minutes. The batteries powering Airway Drones, LLC's UAS's provide approximately 10-18 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 CPR 91.151, sUAS flights could not be conducted. Given the limitations onthe sUAS's proposed flight area and the location of its proposed operations within a predetennined area, a safety margin based on a reserve amountof battery life is needed. Airway Drones, LLC will not be conducting any sUAS flights atnight. Equivalent Level ofSafety An equivalent level ofsafety will be achieved because the operations will be conducted on-site without significant transit time by the sUAS

. All flights will be plannedto terminate with no less than 25% reserve battery power still available. This restriction would be more than adequate to return the sUAS safely to its planned landing zone from anywhere in its confined area ofoperation even in the event ofan unexpected occurrence. Operation ofthe sUAS with less than 30 minutes of reserve fuel does not include the type ofrisks that Section 91.15l(a) was intended to alleviate given the size and speed ofthe small UAS, and the proximity ofthe flight operation to the landing zone. Moreover, operation will be limited to controlled areas where onlypeople and property owners, or official representatives who have signed waivers will be allowed.F. 14 CFR 

### § 91.405(a), 91.407(a)(I), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections Airway Drones, LLC also seeks an exemption from the maintenance inspection requirements contained in 14 CPR 91.405(a), 9l.407(a)(1), 91.409(a)(2), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 CPRPart 43. 14 CPR 91.405(a) (stating that each owner or operator ofan aircraft "shall have the aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections

... have discrepancies repaired as prescribed in part43 ofthis chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, whichthe sUAS will not have. EquivalentLevel ofSafety An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with DJI User's Manuals. The operator will ensure that the sUAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. The operator is the person most familiar with the aircraft and best suitedto maintain the aircraft 

### in an airworthy condition to provide the equivalent level ofsafety. 

### Ifmechanical issues arise, the sUAS's size and carryingcapacity, and the fact that flight operations will onlytake place in restricted areas for limited periods oftime during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation. VI. PUBLIC INTEREST Granting Airway Drones, LLC an exemption furthers the public interest. National policy setby Congress favors early integration ofsUAS into the national airspace in controlled, safe working environments such as those proposed in this petition. The one vision ofAirway Drones, LLC is to help facilitate safe integration ofsUAS's into mainstream USA in the following areas:
• Training To ensure that UAS Operators are properly trained and certified to safely operate their particular type ofsUAS aircraft. Also, training will be conducted in the type ofoperations the PIC will be using their aircraft.

• Real Estate The sUAS can be used in all areas ofreal estate, including commercial, residential and industrial properties. Using a sUAS, real estate professionals can create promotional videos, photos and unique shots that normal camera aspects cannot capture. Airway Drones, LLC's easy-to-use video and photo platform enablesproperties to stand out, providing views that are typically shown via expensive computer animation or costly helicopterrentals. The remote platform is great for new planning zoning and large developments. Simple and easyto-use video and photos allow for multiple height pictures and elevation views.

• CinematographyWhether the shotrequires unique views and expansive panning orextreme altitude with radical views, the UAS is designed to hold up under demanding conditions. Because of the autopilot feature with pre-designed mission management and RICcontrol interrupt, thepilot and camera operator can easily create the ultimate shotwith HD video or HD still photos.

• News Gathering Similarto movies and videography, each news assignment mayrequire a completely different shot or view ofa scene. With budgets for traditional helicopter use being greatly reduced, the UAS is the perfect solution to allow for easy news gathering for a fraction of the cost. The sUAS can and will be operated in a sterile area away from the public, while the traditional helicopter musthover over persons and property increasing the danger to individuals.

• Agriculture and Conservation Airway Drones, LLC would introduce and demonstrate to farmers ofall types thatthe sUAS can aid commercial agriculture, land managementand conservation efforts by assessing crops, mapping flood zones, measuring snow pack and more. The sUAS can fly pre-saved missions via the fully automated ground station, which allows for time

-lapse photos offields, crops and known land tracts. It also can accurately recreate the same pattern during all seasons, providing invaluable data for land and soil management. Using HD video, HD photos, and IR cameras allows for detailed analysis and recording. With photo rendering software, 3D maps and topography can be used in conjunction with time-lapse photos to create highly detailed maps for erosion, flood mapping and other critical aspects ofland management.

• Oil and Gas Industry Infrastructure Inspection 

### Airway Drones, LLC 

### will use HD video, HD photos, and IR cameras to inspect critical oil and gas infrastructures allowing detailed analysis priorto scheduledmaintenance. This analysis will enable repair crews to minimize down-time which in turn will greatly improve production efficiency. 

### VII. 

### Privacy Airway Drones, LLC is committed toprotectingthe publicprivacy. Airway Drones, LLC knows that some individuals have concerns aboutprivacy from the operations ofsUAS 's. Airway Drones, LLC will inform residents, commercial property owners, churches, schools, and governmental organizations ofour intent to conduct commercial drone operations inproximity to theirproperty. 

### VIII. Federal Registry Summary Pursuantto 14 CPRPart 11, the following summary is provided for publication in the Federal Register, should it be determined thatpublication is needed: Airway Drones, LLC. seeks an exemption from the following rules:14 CPR 91.103; 14 CPR 91.113; 14 CPR 91.119; 14 CPR 91.121; 14 CPR 91.151(a); 14 CPR 91.405(a); 14 CPR 91.407(a)(l); 14 CPR; 91.409(a)(2); 14 CPR 91.417 (a) & (b). Approval ofthis exemption request allows Airway Drones, LLC to conduct commercial operations with small and lightweightunmanned aerial systems. Airway Drones, LLC is committed to safety, education, and solutions, which enhance safety ofsUAS operations in theNAS while reducing risk to the general public and property owners. Airway Drones, LLC uses sUAS, weighing less than 55 pounds and powered by batteries. This eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board as compared to manned aircraft. The sUAS is transported to the designated mission area and set up there. The sUAS will carry no passengers orcrew and, therefore, will not expose themto the risks associated with manned aircraft flights. The operation ofthis small UAS will provide an equivalent level ofsafety, supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements of several regulations and allowing commercial operations. These lightweight sUAS's operate at slow speeds, close to the ground, and in a sterile environment. As a result, they are far safer than conventional aerial survey and inspection operations conducted with fixed wing aircraft or helicopters. 

### Ifadditional information is required, or ifyou have any questions regarding this Petition for Exemption, please contactthe undersigned. Very Respectfully, 

# [iJ_J) 

# 1/1!;5~
Donald W Barrett Jr. 

### President Airway Drones, LLC Phone: 251.438.7497 Info@AirwayDrone.com