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### Drone Consultants LLC 2406 York Minster Ct. Arlington, TX 76006 August 15 , 2015 Docket Management Facility US Department of Transportation 1200 New Jersey Ave, SE We st Building Ground Floor, Room w12 - 140 Wa shington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act Dear Sir: Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 ( Special Rules for Certain Unmanned Aircraft Systems) , and 14 C.F.R. § 11.61, **Drone Consultants LLC** hereby applies for an exemption from the following Federal Aviation Regulations (FARs) to allow commercial operation of the DJI F550, DJI S - 800, DJI S - 900, and DJI Phantom 3 small unmanned aerial systems (sUAS) in the National Airspace System (NAS): 14 CF R Part 21 s u b p art H 14 CF R 4 5.23 ( b) 14 CF R 6 1.113 ( a ) & (b) 14 CF R 9 1.7 (a) 14 CF R 9 1.9 ( b ) ( 2 ) 14 CF R 9 1.103 14 CF R 9 1.109 14 CF R 9 1.119 ( c) 14 CF R 9 1.121 14 CF R 9 1.151 ( a ) 14 CF R 9 1.203 ( a ) & (b) 14 CF R 9 1.405 ( a ) 14 CF R 9 1.407 ( a ) (1) 14 CF R 9 1.409 ( a ) (2) 14 CF R 91.417 ( a ) & (b) Section 333 exemptions granted to date all prohibit sUAS flight operations at night. **Drone Consultants LLC** additionally seeks an exemption to 14 CFR § 91.205 (c) (entitled Visual Flight Rules: Night) and Section 209 (Aircraft Lights ) to fly the DJI Phantom 3 Professional (and only the Phantom 3 because of its unique design) at night up to 200 feet AGL - without having to request permission to fly each time from the FAA FSDO closest to proposed area of operations

. Petitioner will fully outline in detail the reason s for this particular exemption , the economic benefit to the community , and2 equivalent level of safety in the Basis for Exemption and Regulations from which the Exemption is Requested section starting on pa ge 9

. **Our Commercial A ctiv**  **ities Would Include:** Commercial o p e ration s of s U AS, as d escrib e d herein, whi c h a re equippe d wit h cam era (s ) and s en s o rs , would opera te i n t h e foll o wing ma n n e r : Ae rial photogra p h y a nd/or v i d e o f o r p u blic a n d/or pri va te u s e including re a l e s tate, a g r i culture u se , wildlife and forestry monitoring /preservation , archite ct u re, land su rve y in g, e n gine er ing and o ther re l ate d p rofe ssi o nal activiti e s . Ae rial vide o an d /or photography for p u blic a n d/or pri va te u se i n cluding tele v i si o n, p u b lic eve n ts, cin ema tography a nd n e ws g a t her i ng. Ae rial in s p ecti o n/photography of resi d e ntial /co m me rcial s t r u cture s , construction sites, bridge infrastructure, oil and gas facilities, flare stacks, and civil landscapes under co n tract w it h t he o w n e rs o r local gover n m en t a uthority. Ae rial vide o/photography o r p ro v iding li ve v i d eo fe e d to a s si s t w ith s e a rch and re s c u e o p e rations in ca s es of an emergen cy o r n at u ral di s a s t e r o n ly whe n t h e local authoritie s or gover n me nt has re que s t e d it b y contract or d o nation. Conduct sUAS operator training , qualification, and demonstrations. As d e scr i b e d in more detail later in this document , the re que s te d exem p tion s wo u ld p erm i t the o p e rati o n of a s U A S u n der controll ed co n d itions i n t he NAS t h at would b e a) li m i ted b) co ntroll e d c) pre d ete r mi n e d a n d d ) w ill pro v ide s a fety e nha n ce m e n t s to t h e alre ady safe op e rations in t h e ind u s try p resen tly u si n g conventional airc raf t . Appro va l of t h is e xe mp tion would t hereb y enha n ce s afe ty and fulfi l l t he S ec reta ry o f T ra ns p ortation ’ s ( and t h e FAA Ad m i n i s tra tor’s) re sp ons i biliti e s to “...

. e s t a bl i s h re q uire m en ts for the safe o p e rati o n of s u c h aircraft s ys t e m s i n t he n a t ional airs p a ce sys t e m .” **Introduction and Interests of the Petitioner :**  **Drone Consultants LLC** , specifically petitioner and President Mark Colborn has over thirty-five years of experience as a manned airplane and helicopter pilot. Petitioner holds the following FAA aircraft ratings:

-Ai rline Transport Pilot

– Airplane Multi - Engine Land

- Co mmercial Pilot

– Airplane SEL and Helicopter

- Instrument Helicopter3 - Instructor Pilot

– Airplane SEL and Helicopter, Instrument Helicopter

- FAA Class II Medical (no restrictions) Petitioner is a re tired Chief Wa rrant Officer Four from the Texas Army National Guard and has logged over 8500 hours in airplanes and helicopters since initially joining the U.S. Army in 1980 . Petitioner served as a n OH - 58A/C and Sikorsky UH - 60A/L Standardization Instructor Pilot , Night Vision Goggle Instructor Pilot, and Safety Officer during this time. Petitioner also has twe nty-five years of experience as a helicop ter pilot and instructor with a police aviation unit in a large city. Petitioner, in addition to the 8500 hours mentioned above, has also logged an additional 4500 hours as a Tacti cal Fligh t Officer employing a high powered searchlight and sensor equi pment on board small police observation helicopters. Petitioner also flew a turbine powered helicopter as a relief pilot for a major television station for approximately two and a half years, and became intimately familiar with the process of filming and reporting the news from an aerial platform. Petitioner has flown small remote control electric quadcopters and hexacopters recreatio nally since July 2013 and at the time of this petition has logged 3,780 m inutes (63 hours) of sUAS flight experience. The petitioner believes his experience i n the military, police , and recreational sUAS flying will provide clients (which include private sector businesses and non - profits, along with local , state , and federal agencies ) with expertise and knowledge in video and multi media marketing , advertising , public relations and training using advanced technologies and solutions. The objective of **Drone Consultants LLC** and our DJI sUAS aerial operations is to provide a more affordable , high - quality production system for a variety of commercial, public, and residential uses

. **Small Unmanned A erial**  **Sy stem**  **s Descriptions**  **and Operating Standards :**  The DJI F550, S - 800, S - 900, and Phantom 3 Professional are verti cal takeoff and landing (VTO L) s UA S with a Ground Control Station (GCS) utilizing either an electronic tablet or smart phone , or a 7” LCD screen system

. The DJI F550, S - 800 and S - 900 employ a hex , or six rotor design , and are equipped with either a DJI NAZA , Wo oKong - M , or A- 2 flight controller

. For brevity, each controller’s manual is available for download at the following web sites: http://www.dji.com/product/a2/download http://www.dji.com/product/wookong - m/download http://www.dji.com/product/naza - m -v2/download The DJI F550 is a kit built , high strength frame design , equipped with six 10” rotors driven by Lithium Polymer (Li - Po) battery powered electric motors. The F550 utilized by **Drone Consultants LLC** weighs 5.6 pounds total with Go - Pro Hero camera, gimbal , DJI NAZA- M V- 2 or W ooKong - M controller, video transmitter and 14 -volt, 8000mAh , 4 - cell Li - Po battery - and has a diagonal dimension of 550mm or 1.8’

. http://www.dji.com/product/flame -wheel - arf4 The DJI S - 800 Spreading W ings hexacopter is equipped with a DJI A- 2 flight controller and is larger than the F550 with diagonal dimensions of 1000mm x 1080mm by 500mm tall. Empty weight of the frame is 2.6kg or 5.7 pou nds and the motors are powered by a 22 -vo lt, 6 - cell Li - Po battery. This machine is capable of carrying a larger payload t o include a high resolution 20 - mexapixel camera or a broadcast quality high definition (HD) camera/video recorder. http://www.dji.com/product/spreading -wings - s800/spec The DJI S - 900 Spreading W ings (also equipped with the DJI A- 2 flight controller) is a highly portable (folding arms), powerful aerial system designed for demanding filmmakers. Because of its stu rdy carbon fiber frame and tubular arm des ign this machine actually weigh s less than its predecessor; the S - 800. http://www.dji.com/product/spreading -wings - s900/spec The DJI Phantom 3 Professional quadcopter has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed of app roximately 16.4 fps

. The DJI Phantom 3 Professional ships as a ready- to -fly package and is amazingly stable in wi nds up to 15mph. http://www.dji.com/product/phantom - 3/download All of the above models weigh less than 55 pounds , have the capability to be programmed with a maximum flying height of 122 meters or 400’ AGL and maximum distance to limit the radius of the distance it can fly from the operator. Each system also has a failsafe function of the autopilot system. W hen communication s between the flight controlle r and the operator’s GCS is los t, the system will automatically trigger the Return - to - Home feature . The machine automatically flies back to the original takeoff point, descends vertically, and land s safely. **Drone Consultants LLC** a g rees to a d h e re to the following standard Section 333 li mitations and conditions ( * except for one requested exception starting on page 9 ) wh e n con d u ct i n g co m m erci a l o p eratio n s un der an F A A i s sued e xe m ption: T he s UAS w i ll h a ve a ma x i m um o pera ting s p ee d of n o mo re than 100 m p h , o r 87 knots (none of the sUAS listed above even begin to approach this speed capability)

. M ini mu m c re w f

o r e ac h o pe ration will con s i st of t h e s UAS Pilot, the Vi s ual Ob s e rver (V O) and ma y include but not li m ite d to a C am e ra O perato r. Fl i g h ts w ill be opera ted w ithin constant visual line - of- si ght (VLOS) of the P ilot in C o mma nd ( PI C ) and Vi su al Obser ve r (V O)

. Prior to e ac h fl i g ht, the P I C will condu ct a p re - fli g ht inspection and d eterm i ne the s U AS is i n a condition for sa fe fl i g ht. The p re -fl i ght5 i nspe ction must ac co u nt for a ll potential discre p a n cies, e. g ., inop e ra ble compo n e n ts, i tems, or equipment. I f the inspe ction reveals a con d i t ion th a t a f fects the safe opera tion of the s U AS, the a irc ra ft is prohibited from op e rating until t he n e cessa ry ma i ntenan c e h as be e n p er

f o r med and the s U A S is found to be in a condition for sa fe fl i g ht. The op e rator must follow the s U A S manu fa cture r’s mainten a n c e, o verh a ul, re placement, insp e ction, a nd life limit require me n ts for the a ircra ft and airc raft components. E ac h s U A S op e rated und e r this e xemption m u s t comp l y with all manufa ctu rer safe t y bulletins and firmware updates

. M axi mu m fli gh t time f

o r e a c h o p e rational fli g ht wil l be 2 0 min u te s . F lig h ts will be t e r mi n ated at 25 % battery power re serve or 20 m i n utes o f fl i ght t i m e w h i cheve r occ u rs fi rs t

. Fl i g h ts w ill be opera ted at an a ltitude of no m ore t h an 400 fe e t A b o ve Gro und Le ve l (AGL )

. Th e s U A S pilot wi l l b e the d e s i gnate d Pilot in Co mma nd (PI C ) and h old an FAA Pil o t’s Lice n se with a T hird or higher C lass M e d ica l C erti ficat e or va l id state drivers ’ licens e . A b rie fi n g w ill be pe r

fo rm e d re g arding the plan n e d s UAS o p era tions prior to eac h fl i ght and will co n si s t o f all planned production acti v ities

. All fli gh t s w i l l o c cur un d e r Visual Fli g ht Rul e s M e t eo rolo g i c al Co n ditions (V M C) onl y and m a y not be ope rated l e ss than 500 f e et b e low or less than 2,000 fe et hori z ontal l y from a c loud or wh e n visibi l i t y is less than 3 statu t e miles from the P I C. If ope rations w i l l be w ithin a 5 mi l e radius of the g e og raphic cente r /Ai r port R eferen c e P o i nt (A RP ) of a towe r controll ed o r u nco n troll e d airport t h e resp ecti ve airports will be contact e d adv is i n g th e m of t he e s t i m a t e d flight tim e , flight d uration, el e vation of flight a n d ot h e r pe rtine n t in form a t ion. Th e P IC and VO w i ll have b e e n traine d in operati o n of s U A S a nd rec ei ve u p - to - d ate i n fo rm ation for the particular s U A S to be o perate d. T he PIC and VO w i ll b e able to com m unicate by vo i ce, radio, an d /or t e xt at all tim e s .6 Th e U A S w i ll h a ve t h e capabil i ty to abort a fl i g h t in cas e of u npredicted o b s tacle s , we a t h e r, or e merg e nc i es. All fli g ht opera tions will be entere d into a log b ook, wit h a ll re co rds a va i lable fo r vie w ing by go ve rning a g encies

. A n y inci d ent, accident, o r fli g ht op e ra tion that tra ns g resses the l a t e ra l or vertic a l boundari e s of the o p era t i onal a rea a s d e fi ned b y t he exemption must be re port ed to the F AA' s U A S I n t e g ration O f fi ce (A FS − 80) w i thin 24 hours. Acc iden ts mu s t be re porte d to the National Transportation S afe t y B o ard. All ope ra tions ove r private or contro l led - a cc e ss proper t y shall be co nducted with permission from the property o wn e r /controller or au t hori z ed re p re s entative. Permission from prop e rty ow n er/controll e r o r a u t hori z ed re p re s entative w i ll be obtained for e a c h fl i g ht t o be condu cted. The s U AS m a y not be opera ted b y the P I C from a n y movi n g d e vi c e or ve hi c le

. The DJI F550, S - 800, S - 900 and Phantom 3 models that will be operated by **Drone Consultants LLC** will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

. The s UA S must remain c l e ar a nd g ive wa y to all m a nned a viation operations and a ctivities at all ti m es. **The Public Benefit from Decreased Congestion of the NA** **S :**  The above described DJI s UAS ’s are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption al lowing t he use of the described DJI s UAS ’s would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The listed DJI s UAS ’s do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.7 **The Public Benefit from the Safety**  **and Efficiency**

**of t he**  **Listed DJI s**  **UA S**  **’s :**  C onducting aerial acquisitions with the described DJI s UAS ’s , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight op erations. By using battery power and electric motors, the described DJI sUAS ’s produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically ut ilized for aerial video and photography, while burning approximately 20 - 30 gallons per hour of leaded aviation fuel. The described DJI s UAS ’ s , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By using the described DJI s UAS ’s to perform aerial acqu isitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew mem bers located onboard the aircraft, the DJI Phantom 3 s UAS for instance (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned helicopter that typically conduct similar operatio ns (weighing approximately 3,200 pounds with a rotor diameter of 39.7 feet, and a fuel capacity of 91 gallons , and burn 26 gallons pe r flight hour ). **Performing A erial Vi**  **deo and Photography Operations w**  **ith t he**  **DJI s UA** **S ’s**  **W ill**  **Benefit the Economy :**  In addition to being safe and efficient, s UAS are also an economical alternative to using manned aircraft to conduct similar aerial opera tions. As such, operation of sUAS will allow United States based companies, like **Drone Consultants LLC ,**  to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to re main competitive. Operating battery powered s UAS is one such technology that not only allows com panies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating s UAS , companies such as **Drone Consultants LLC** can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies , through commercial use of DJI s UAS ’s , provides a stable wo rkforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.8 **Basis for Exempti**  **on and Regulations from W**  **hich the Exemption is Requested**  **:** In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, **Drone Consultants LLC** operation of the listed DJI s UAS models meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Drone Consultants LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. **Drone Consultants LLC** submits that the requested relief is proper since an equivalent level of safety w ill be ensured. **Drone Consultants LLC** will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the s UAS using the methods, techniques, and practices presc ribed in the operating manuals for each DJI mod el . Furthermore, **Drone Consultants LLC** will document and maintain all maintenance records for each DJI s UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by **Drone Consultants LLC**  to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstra ted, by meeting minimum flight - hour and cu rrency requirements, that the PIC is able to safely operate the DJI Phantom s UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **Dr one Consultants LLC**  seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI F550, S - 800, S - 900 and Phantom 3 s UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, **Drone Consultants LLC**  submits that they will ensure that the DJI s UAS models mentioned above is in an airworthy condition, prior to every flight, by determining that the s UAS are in compliance with all DJI Operator/Instruction manuals , and that the aircraft are in a condition for safe flight. **Drone Consultants LLC** also ensures all firmware upgrades are immediately installed in each model as quickly as possible after being released by DJI. **Drone Consultants LLC** also seeks an exemption from the requirements of Se ction 91.121, entitled Altimeter Settings , as the listed DJI models will not have a typical barometric altimeter onboard. However, altitude information of the DJI F550, S 800, S - 900 and Phantom 3 s UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which d ownlinks from the sUAS to the GCS for active monitoring of the flight path. This altitude information, combined with **Drone Consu ltants LLC**  **’s** operation of the DJI s UAS models within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121.9 **Drone Consultants LLC** seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions **. Drone Consultants**  **LLC** submits that safety will not be affected by operation of each listed DJI s UAS during visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 15 to 20 minutes

. The DJI NAZA and A2 flight controllers on the F550, S - 800 and S - 900 models display the battery voltage on the operator’s FPV screen. The DJI Phantom 3 displays the percentage of battery remaining on the operator’s smart phone or tablet. Small b attery power alarms are also available to give the operator an audible warning of low battery power. The DJI Phantom 3 model wil l revert to return - to - home (RTH) mode if battery power goes below a certain threshold - which can be set by the operator

. ***** **Drone Consultants LLC** additionally seeks an exemption from Section 91.205 ( Visual Flight Rules: Night) and Section 91.209 (Aircraft Lights ) to fly the DJI Phantom 3 (and only the Phantom 3 because of its unique LED lighting design) at night up to 200 feet AGL - without having to request permission to fly each time from the FAA FSDO closest to proposed area of operations

. Petitioner has worked the night shift for the majority of his 25 - year police pilot career and has logged over 4500 hours of night flight. Petitioner has also logged 281 hours utilizing Night Vision Goggles. Petitioner is intimately familiar with all aspect s of flying at night, to include depth perception issues and common visual illusions all pilots who fly at night experience. Most of the petitioner’s night flying experience has been gained flyi ng at altitudes below 1000’ AGL. M any hours were logged flying at either nap of- the earth or tree - top level

– where constant vigilance must be maintained to avoid uncharted or unlit obstructions. sUAS can be flown at night, and it can be done with a reasonable level of safety

. The common perception is that sUAS cannot be seen by manned aircraft or avoided at night. Petitioner contends that most sUAS equipped with some form of Light- Emitting Diode (LED) system are more visible at night than t hey are during the daytime; observed from either below and above. This is especially true of the DJI Phantom 3. Its unique LED system makes the machine very easy to see and fly at night. The human eyeball keys in on movement, especially a moving light source at night. Because of this, the Phantom 3 is highly visible at night and can be kept in con stant VLOS at a fa rther slant range than during daylight hours. The bright LED status lights ( two constant red lights to the front and two flashing green to the back on the underside of the quadco pter’s arms) enables the ope rator to maintain proper flight orientation at all times at night.10 DJI Phantom 3 Professional Quadcopter (photo © Mark Colborn) Night operation s will be limited to VLOS and conducted in a relatively tight operational a rea very close to the ground (below 200’ AGL) . The main objective of green and red navigation lighting on aircraft is for determining right- of-wa y. Since a sUAS most likely won’ t be flying in a constant direction while operating in such a small operational are a , conve ntional positional lighting would be ineffective or unnecessary

. Section 205 (c) (3) calls for an approved aviation red or aviation white anti - collision light system for night flight. Since there are no approved aviation red or white anti - collision lights for sUAS, the only suitable alternative are s mall, low powered (but highly visible) clear or red fl ashing LEDs. These small flashing LED s could conceivably be installed on the Phantom 3, but their installation could interrupt the reception of the c ritical GPS signal . The ir installation could also degrade radio contact between the operator’s GCS and the sUAS’s flight controller . The Phantom 3 ships as a ready- to -fly package - a ny such after- market additions could feasibly turn the operator into a test pilot - likely void ing the manufacturer’s warranty. The petitioner, however, recognize s that the machine must be highly visible to avoid a potential , yet highly unlikely, collision with a manned aircraft. T he Phantom 3’s existing syste m of bright solidly illuminated red and flashing green LEDs provide an equivalent or higher level of lighting and safety to that provided by con ventional manned aircraft lighting required by Sections 91.205 and 91.209

. Section 91.205 (c) (4) requires one electric landing light if operating for hire. Again, this is an unnecessary requirement since no passengers are being carried. An equivalent level of safety is provided by t he solidly illuminating red LEDs on the Phantom 3 which provide sufficient ill umination of the ground for night takeoffs and landings.11 Also, s ince sUAS flight operations under this exemption will be prohibited within 5 - miles of an operational airport (without permission) and in controlled or restricted airspace , the chances of a confl ict with a manned airplane or helicopter flying at night below 200’ AGL are statically rare. Even if an emergency medical services helicopt er were to arrive over the same area where a sUAS is operating VLOS , the sUAS operator would h ave plenty of time to land the craft before the helicopter finished a high altitude reconnaissance , slowed and began their vertical approach. A 200’ AGL night restrictio n would also de - conflict by 200 feet or more any sUAS operations from police helicopter traffic (normal police helicopters fly patrols at 600’ AGL at night , but occasionally desc end to 400’ AGL during a suspect search or to check a roof top for burglars )

. The DJI Phantom 3 is equipped with an outstanding 4K quality camera that provides excellent light gathering capability in low light conditions. Howe ver, this camera, like all cameras, need s some light to render an acceptable broadcast quality image. Therefore, **Drone Consultants LLC** will never fly a sUAS in “dark night” conditions. There will always have to be s treet lamps, a partial or full m oon, or other city lights providing illumination in the close proximity to any planned operations. This level of illumination of the night sky would be a necessity to see and safely avoid any prospective obstacles such as power lines or unlit cell towers. A daylight restriction only for commercial sUAS operations is unnecessary and would hinder **Drone Consultants LLC’s** plans to engage in contract electronic news gathering and other prospective aerial filming operations at night. **Drone Consultants LLC Requests that the Publication and Comment Procedures be Waived in A** **ccordance with 14 C.F.R. §**  **11.87 .**  Notwithstanding the night flight exemption request above , this petition is identical to Section 333 exemptions granted previously. If a local FAA FSDO can grant commercial sUAS night flight waivers on a case - by- case basis, the Admin istrator, through the UAS Integration Office (AFS - 80) , most certainly has the authority to grant this exemption. Gi ve n t h e s m a ll s i z e of t h e s U AS involved and restricted steri le environment within which the petitioner will be allowed to operate, the petitioner falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately. T h e a p p ro v al of t h i s applicati o n p rese n ts n o n ati o n a l s e c u ri ty iss u e s. R e g a rd ing t h e le vel of s a fe ty su r ro und i n g t h e p rop o sed o p e rati o n s a n d t h e p u blic be n e fi t, reduct ion in e nvi ro n m e nt a l i m pacts , i n c l u ding b u t n ot l i m i t e d to re d u ce d e m i ssio n s a n d n o ise , t h e g ra n t o f t he re q u es ted e xe m pti o n i s in t h e pu b lic interest. Ac co rdi n g l y t h e ap p licant , **Drone Consultants LLC** , respectfully requests AFS - 80 to determine that good cause exists to dispense with publication of the summary of this petition in the Federal Register and grant the requested exemptio n without delay

.12 Sincerely,

Mark Colborn President **Drone Consultants LLC** 2406 York Minster Ct

. Arlington, TX 76006 817 - 640 - 7052 **k d5elf@tx.rr.com**