August 25 , 2015

U.S. Department of Transportation Docket Management System Room W12

- 140 1200 New Jersey Ave., SE Washington, DC 20590 Subject: Exemption request under Section 333 of the FAA Reform Act. Dear Sir/Ma’am: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Drone Advantage Solutions LLC, the operator of small Unmanned Aircraft Systems (UAS) , seeks an exemption from the Federal Aviation Regulations (FARs) 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow Drone Advantage Solutions LLC to commercially operate a UAS to perform aerial data collection to include any

remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared /thermal, etc.), electronic measurement (precision surveying, RF analysis, 3D mapping, multispectral imagery, LIDAR, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA. You'll find that our request is similar to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213. Furthermore, the UAS proposed by Drone Advantage Solutions LLC have been approved in Grant of Exemption Nos. 11398, 11 277, 12515, 12496, 11277, 11356, 11206, 11281, 12516, 12580, 11373A, 11238A, 11239, 11239A, 12505, 12103, 12068, 12208, and 11675. The requested exemption would permit Drone Advantage Solutions LLC to research, develop, and commercially operate UAS to perform aerial data collection in the following areas including but not limited to : aerial inspection, survey, and monitoring, infrastructure inspection, thermal imaging, construction, project management, utility inspection, safety management, tall structure inspection (smokestacks, cell phone towers, windmills, and electrical transmission towers, etc .) , energy, solar panels, oil/gas exploration and pipeline inspection, 3D mapping, volumetric analysis, mining operations, real estate, resorts and casinos, photography and videography, TV, Film, and web productions, agriculture, crop/land surveying, multispectral imagery, insurance services, emergency services support, search and rescue, wildlife management, conservation, news gathering and reporting, government contracting, scientific studies, education, and UAS capability demonstrations

. The primary purpose of Drone Advantage Solutions is to assist other industries by providing safe and efficient UAS support. The uses of UAS to perform aerial data collection in the tasks mentioned above have two major benefits. First, small UAS are considerably saferthan using manned aircraft in the previously mentioned tasks, and also reduces the fall risk of

workers. Second, UAS allows the completion of many tasks at a fraction of the cost using traditional means. Granting this exemption is in the public interest because it will dramatically enhance safety, lower

-cost, and improve the efficiency of many industries. Drone Advantage Solutions LLC will conduct the aforementioned tasks by using the following small sized UAS: Tarot 650; 3DR Solo, X

- 8 , Iris, Aero

-M, and Spektre; Aeryon Sky ranger; Aibotix X

-6, Aerialtronics Altura Zenith ATX8; ASCTEC Falcon 8 ; SenseFly eBee, and eXom; Microdrones MD4

-200, MD4

- 1000, and MD4

-3000; Cy berQuad Maxi; DJI Phantom 1 , Phantom 2, Phantom 3 , F450, F550, Inspire 1, S800, S900, S1000, and Matrice 100 ; DraganFlyer X4P, X4

-ES, DX6, and Guardian; Gry phon Dy namics X8; Trimble UX5; AgEagle; FreeFly Systems Alta, Cinestar Octocopter, Hexacopter, and Quadcopter; AirRobot AR1 80, and AR200; InstantEye Mk

-2 Gen3 ; PrecisionHawk Lancaster; SkyCatch; Altavian Nova F6500; Yuneec Q500 Ty phon; Blade 350 QX3. The listed UAS are very small, all weighing less than 5 5 pounds, and have advanced navigation systems and automated control features that enhance safety

. All of the UAS listed above have been previously approved in other Section 333 exemption requests. The chief pilot and co-owner of Drone Advantage Solutions, David Vilela, is an experienced Commercial Pilot with over 2000 hours of military and civilian UAS experience. Drone Advantage Solutions PICs will all hold either an airline transport, commercial, private, recreational, or sport pilot certificate

. PICs will also hold a current FAA airman medical certificate or a valid U.S. driver’s license. All of Drone Advantage Solutions operations will strictly adhere to FAA regulations with safety being the number one priority. All operations will be conducted via unaided visual line of sight below 400 feet AGL and outside of any controlled airspace unless the controlling agency gives express permission. Drone Advantage Solutions LLC respectfully submits that a grant of exemption is in the public interest because the use of small UAS in lieu of comparatively more expensive and hazardous fixed and rotary wing aircraft or other conventional manned methods of inspection greatly enhances efficiency and achieves a level of safety that is significantly higher. Furthermore, Drone Advantage Solutions will assist other industries in the safe application of UAS and promote the benefits of safe UAS operations. Approval of this exemption would enhance safety and fulfilled the Secretary of Transportation's responsibility under the section 333(c) of the FAA Modernization and Reform Act of 2012 to “establish requirements for the safe operation of such aircraft systems in the national airspace system.” Name and address of the applicant: David Vilela CEO / Chief Pilot Drone Advantage Solutions 7030 Oakwood Pines Ct Las Vegas, NV 89166 702

-937

-9377 davidv@drone

-advantage.comJUSTIFICTION UNDER SECTION 333

According to the FAA’s Public Guidancefor Petitions for Exemption Filed under Section 333
“Section 333 grants the Secretary of Transportation the authority to determine if an unmanned aircraft system, as a result of its size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight does not create a hazard to users of the national airspace system or the public or pose a threat to national security”

. Drone Advantage Solutions LLC submits that the small size and weight of the purposed UAS coupled with the fact that the operations will be conducted at low altitudes, slow airspeed, and within visual line of sight of the operator; our operations pose no potential hazard to the national airspace system, general public, or present any threat to national security

. **Airworthiness of**  **the UAS** The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability of the particular UAS. Drone Advantage Solutions LLC purposes using Tarot 650; 3DR Solo, X

- 8, Iris, Aero

-M, and Spektre; Aeryon Sky ranger; Aibotix X

-6, Aerialtronics Altura Zenith ATX8; ASCTEC Falcon 8; SenseFly eBee, and eXom; Microdrones MD4

-200, MD4

- 1000, and MD4

- 3000; Cy berQuad Maxi; DJIPhantom 1, Phantom 2, Phantom 3, F450, F550, Inspire 1, S800, S900, S1000, and Matrice 100; DraganFlyer X4P, X4

-ES, DX6, and Guardian; Gry phon Dy namics X8; Trimble UX5; AgEagle; FreeFly Systems Alta, Cinestar Octocopter, Hexacopter, and Quadcopter; AirRobot AR180, and AR200; InstantEye Mk

-2 ; PrecisionHawk Lancaster; SkyCatch; Altavian Nova F6500; Yuneec Q500 Ty phon; Blade 350 QX3

. The proposed systems have the inherent advantage of being small in size and battery

-operated therefore do not carry flammable fuel, this significantly reduces any potential damage in the event of a mishap. Drone Advantage Solutions LLC will operate the proposed UAS below 400 feet AGL, at speeds less than that recommended by the manufacturer, and at all times less than 87 knots. Operations will only be conducted in during daylight hours, in uncontrolled airspace, unless specific permission is granted by the controlling agency, and within visual line of sight of the operator. All of the UAS that will be operated with this exemption have been previously approved in other Section 333 exemption requests. The DJI Phantom 2 , DJI Inspire 1, DJI S1000 were approved for use in Exemption No. 11398. The ASCTEC Falcon 8 was approved in Exemption Number 11277. The Tarot 650 was approved in Exemption Number 11675

. The 3DR Solo, 3DR X

-8, 3DR Iris, SenseFly eBee, DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, DJI S800, DJI

S900, DJI S1000, DJI Matrice 100, AgEagle, Microdrones MD4, Trimble UX5 , Altavian Nova F6500, Yuneec Q500 Ty phon, and Blade 350 QX3, were approved in Exemption Number 12496 . The 3DR Spektre, AirRobot AR180, and AR200 were approved in Exemption Number 11206

. The DraganFlyer X4P, X4

-ES, X6, and Guardian were approved in Exemption Number 11281. The InstantEye Mk

-2 and PrecisionHawk Lancaster were approved in Exemption Number 11238A. The FreeFly Alta, Cinestar Octocopter, Hexacopter, and Quadcoper were approved in Exemption Number 12103. The DJI F450 and F550 were approved in Exemption Number 12208. The 3DR Aero

-M (EN#12580) , AeryonSky

ranger (EN# 11239), Aibotix X

-6 (EN# 11216), Aerialtronics Altura Zenith ATX8 (EN# 12068), Gry

phon Dy namics X8 (EN#12516), Phantom 1 (EN#12505), SenseFly eXom (EN#11373A), and SkyCatch (EN#11239A), were all previously approved by

the respective Exemption Numbers in parentheses. An analysis of these criteria demonstrates that the purposed UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed. **Operation of**  **the UAS** Drone Advantage Solutions LLC will ensure that the exemption does not adversely affect safety and will operate at a level of safety at least equal to existing rules by operating with the following limitations and conditions:

 All operations will strictly adhere to manufactures owners, operators and maintenance manual.
 All operations will occur in class G airspace, unless specifically authorized by the controlling authority

.  All operations will be conducted during daylight hours.
 All operations will occur below 400 feet AGL.
 All operations will be conducted and visual meteorological conditions with visibility of at least three nautical miles.
 All operations will be conducted with at least 500 feet below clouds and with a horizontal separation of at least 2000 feet.
 At no time will the operator allow the aircraft within 500 feet of nonparticipating person, structure, or vehicle.
 Preflight operations will be conducted in accordance with the manufacturer's recommendation and preflight checklist.
 All maintenance will be conducted in accordance with manufacturers recommendations and documented in the aircraft logbook **PIC Requirements** Drone Advantage Solutions LLC respectfully submits that the operator requirements should take into account the advanced internal navigation and autopilot systems of the proposed UAS. All of the above listed systems have a high degree of control and are extremely stable even in high wind environments. All of the above listed companies incorporate various built

-in capabilities that limit the potential for operations outside of the aircraft capability

. The pilot in charge (PIC) is solely responsible for the safe operation of the UAS. Drone Advantage Solutions LLC will only use PIC’s who hold either an airline transport, commercial, private, recreational, or sport pilot certificate. Drone Advantage Solutions PIC’s will also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federalgovernment. Drone Advantage Solutions LLC will also ensure that all PICs comply with

manufacturer training requirements, and have been deemed safe and proficient by the Chief pilot.

**The regulations**  **from which the**  **exemption is**  **requested are**  **as follows:** 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133(a); 14 C.F.R. 91.7(b); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.109(a); 14 C.F.R. 91.119; 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a) & (b).**14 C.F.R.**  **Part 21,**  **Subpart H:**  **Airworthiness Certificates**  **14 CFR § 91.203(a)(1)** 

Subpart H, Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by Drone Advantage Solutions LLC, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. Our small UAS's will be operated at low speed in a controlled environment, away from airports and any densely populated area. An analysis of these criteria demonstrates that the UAS's operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated is less than 5 5 lbs. fully loaded, carries neither a pilot nor passenger, carries no flammable liquid fuels, and operates exclusively within a secured area. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the PIC. If required, the FAA and general public will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with private property, industrial sites, railroad yards and the like provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security and the NAS posed by the UAS, due to its size, speed of operation, location of operation, lack flammable liquid fuels, and limited ability to carry an external load. **14 C.F.R.**  **§ 45.23(b):**  **Marking of the Aircraft**  This regulation requires certain experimental, provisionally certificated aircraft, or light

- sport category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "light

-sport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the UAS, two
-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UASwill see the identification of the UAS as "Experimental." The FAA has issued the following

exemptions to this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A. **14 C.F.R.**  **§ 61.113(a)**  **& (b);**  **61.133(a): Private**  **Pilot Privileges**  **and Limitations;**  **Pilot in**  **Command; Commercial**  **Pilot Privileges**  **and Limitations**

. Part 61.113 (a) states that no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command or an aircraft. Part 61.113 (b) states that a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employ ment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for compensation or hire. Drone Advantage Solutions LLC proposes that all operations require that the PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate issued by the FAA. Since there are currently no means available for the pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a commercial UAS pilot's license, using pilots qualified under other categories and classes meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b). Given the unique nature of commercial UAS operations we do not believe that it rises to the level of requiring a commercial pilot to operate the aircraft under§ 61.133(a). **14 C.F.R.**  **§ 91.7(a):**  **Civil aircraft**  **airworthiness.** This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the UAS without an airworthiness certificate, no standard will exist for airworthiness of the UAS. Given the size of the aircraft and the requirements published by the manufacture for maintenance and the use of safety checklists prior to each flight, an equivalent level of safety will be provided. **14 C.F.R.**  **§ 91.9(b)(2):**  **Civil Aircraft**  **Flight Manual**  **in the Aircraft.**  The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. **14 C.F.R.**  **91.103: Preflight**  **Action** This regulation requires each pilot in command take certain actions before flight toensure the safety of flight. An exemption is needed from this requirement as the pilot will take

separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the manufactures preflight checklist. These actions will provide an equivalent level of safety

. **14 C.F.R.**  **§ 91.109(a)**  **& 91.319(a)(1):**  **Flight Instruction**  These regulations provide that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. By design, UASs and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control station that communicates with the aircraft via radio communications. The FAA has previously approved exemptions for aircraft without fully functional dual controls. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio signals from the controller, and by the size and speed of the aircraft. **14 CFR**  **§ 91.119: Minimum**  **Safe Altitudes**  Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner. Compared to flight operations with aircraft weighting far more than the maximum 55 lbs. proposed herein and carrying flammable fuel, any risk associated with our operations is far less than those presently presented with helicopters and other conventional aircraft operating at or below 500 AGL. In addition, the low

-altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft. **14 C.** **F.R § 91.121**  **Altimeter Settings** This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS does not have a barometric altimeter, but instead a GPS altitude read out, an exemption is needed. An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site shown on the GPS altitude indicator before flight. **14 C.F.R.**  **§ 91.151(a):**  **Fuel Requirements**  **for Flight**  **in VFR**  **Conditions** This regulation prohibits an individual from beginning “a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough

fuel to fly to the first point of intended landing and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes" An equivalent level of safety can be achieved by limiting flights to what the manufacturer recommends, or enough battery reserve to ensure that the UAS lands at the ground station with at least 25% of battery power (as determined by the onboard monitoring system and the pilot), whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. **14 C.F.R.**  **§ 91.203 (a)**  **& (b):**  **Carr ying Civil**  **Aircraft Certification**  **and Registration**  This regulation requires: “no person may operate a civil aircraft unless it has [. . .] an appropriate and current airworthiness certificate”

. “(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew”

. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

**14 C.F.R.**  **§ 91.405(a);**  **407(a)(1); 409(a)(2);**  **417(a) &**  **(b): Maintenance**  **Inspections** Section 9 1.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter . . . .” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Drone Advantage Solutions LLC UAS. An equivalent level of safety, given the small size and unique characteristics of the aircraft, will be maintained by the operator accomplishing and documenting all required maintenance specified by the manufacturer.