Idaho Dan, Inc. Page 1 Idaho Dan, Incorporated Boise, Idaho - Section 333 Exemption Pe tition

January 28, 2016

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R.45.23(b); 14 C.F.R. Part 21; 14 C.F.R . 61.113(a)&(b); 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b) (2); 14 C.F.R. 91.103(b); 14 C.F.R. 91.109; 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)

Dear Sir or Madam,

Thank you for reviewing my request for exemption 333 for sUAS f lights. I have been an active private pilot since 1979 with an Instrument rating since July 2 003. I have flown well over 3,000

hours in various aircraft from C-152 to a Bonanza V-35. I am c urrent as well.

Respectfully, I would like to file for the FAA Section 333 flig ht exemption for the following

purposes.

THE PURPOSE
Aerial photography and videography for real estate, architectur e, land surveying, engineering and other related professional activities; for television, publ ic events, cinematography and news gathering; for inspection/photography of structures and infrast ructure; for providing live video feed to assist with search and rescue operations; and for train ing in the use and application of a

sUAS.

Pursuant to the FAA Modernization and Reform Act of 2012 and th e procedures contained within 14 C.F.R. 11, Idaho Dan, Incorporated, an owner and oper ator of small unmanned aircraft systems (sUASs), requests to be exempted from the Federal Aviat ion Regulations (“FARs”) listed below so that Idaho Dan, Inc., may safely and legally op erate small ultra lightweight unmanned aircraft systems (“sUASs”) in the national airspace (N AS) regulated by the Federal Aviation Administration (“FAA”).

Following exemption and approval by the FAA, Idaho Dan, Inc. wi ll be responsible for the Pilot in Command (PIC) of a professionally built, camera-equipped DJI Inspire 1 and a DJI Phantom 3 Advanced sUAS for the following applications: real-estate lis ting videos only with express permission of the property owner; Home Inspection using visual assessments; and the creation of visual and topographical layout videos for state and local a gency’s, educational organizations, agricultural inspections or building and constru ction zone inspections, provided that such operations are conducted within and under the conditi ons outlined herein or as may be established by the FAA as required by Section 333.Idaho Dan, Inc. Page 2 Granting exemption to Idaho Dan, Inc. would permit the above sp ecified operation of ultra lightweight sUASs in the NAS with limited, tightly controlled, predetermined flight plans away from the general public, airports, heliports, motorways or any restricted airspace. Granting a request for Idaho Dan, Inc. complies with the Secretary of Tran sportation’s (FAA Administrator’s) instructions to integrate sUASs into the natio nal airspace system, as well as to “...establish requirements for the safe operation of such aircr aft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specifi c to the use of UAS's for real estate/realtor purposes, educational videos, search and rescue, land/trusts inspections, agricultural field monitoring, film/video productions, closed-s et motion picture film and television operation, and structure inspections, to aid private, state and local agencies. Idaho Dan, Inc. will ensure enhanced public safety by conducting operations in compl iance with the specific safety protocols and regulations established by the FAA. Additionally, seamlessly integrating sUASs into the NAS will increase community awareness to the benefits of the sUAS industry. Increased awareness and education will reveal the positive role the sUAS industry can play in local communities while increasing safety.Idaho Dan, Inc. Page 3 Contact Information:

Idaho Dan, Inc. Daniel Lindsey

CEO/Owner and PIC

2887 North Leisure Drive Boise, Idaho 83704

208 867-9884 Dan@Idahodan.com

Specific Sections of Title 14 of the Code of Federal Regulation s from which Idaho Dan is requesting exemptions are :

14 C.F.R. 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113 (a) & (b); 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

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. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b)

This exemption application is subm itted to fulfill Congress’ go al in passing Section 333 (a)
through (c) of the Reform Act. This law directs the Secretary o f Transportation to consider
whether certain unmanned aircraft systems may operate safely in the national airspace (NAS)
before completion of the rule making required under Section 332 of the Reform Act. In making
this determination, the Secretary is required to determine whic h type of sUASs do not create a
hazard to users of the NAS or the public or pose a threat to na tional security. If the Secretary
determines that such vehicles “may operate safely in the nation al airspace system, the
Secretary shall establish requirements for the safe operation o f such aircraft in the national
airspace system.” Id. § 333 (c) (emphasis added). The Federal A viation 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 of the Act, that includes sUASs, from the
requirement that all civil aircraft must have a current airwort hiness certificate. The Administrator
may grant an exemption from a requirement of a regulation presc ribed under subsection (a) or
(b) of this section or any sections 44702-44716 of this title i f the Administrator finds the
exemption in the public interest. 49 U.S.C. § 44701 (f) See als o 49 U.S.C. § 44711 (a); 49
U.S.C. § 44704; 14 C.F.R. § 91.203 (a) (1).Idaho Dan, Inc. Page 4 The extent of relief Idaho Dan, Inc. seeks and the reason for s uch relief:

This exemption application is submitted on behalf of Idaho Dan, Inc. in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any cur rently applicable FARs operating to prevent Idaho Dan, Inc., predetermined commercial cinematic, academic and other flight operations within the NAS. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace syst em as it is in the public’s interest to do so. Idaho Dan, Inc. will be operating, ultra lightweight sUASs that meet the definition of “small unmanned aircraft” as defined in Section 331 and, theref ore the integration of such sUASs are expressly contemplated by the Reform Act.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Cer tificates, establishes the procedural requirements for the issuance of airworthiness certi ficates as required by FAR §91.203 (a) (1). Given the size and limited operating area asso ciated with the aircraft to be utilized by the applicant, an exem ption 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 Refor m Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certi ficate, upon consideration of the size, weight, speed, operational capability, and proximity to a irports and populated areas of the particular sUAS. In all cases, an analysis of these criteria de monstrates that the sUAS operated without an airworthiness certificate, in the restricted environ ment and under the conditions proposed will be at least as safe, or safer, than a conventiona l aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restric tions and conditions proposed. The sUAS to be operated here is under 55 lbs. or less fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid f uels, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the req uirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional filming. The FAA will have advance notic e of all operations. These safety enhancements, which alrea dy apply to civil aircraft oper ated in connection with motion picture and television production, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthines s certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same cr iteria demonstrates that there is no credible threat to national security posed by the sUAS due t o its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry

a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the Roman capi tal letter "N" and the registration number is displayed on limited, restricted or ligh t-sport category aircraft or experimental or provisionally certificated aircraft, the operat or must also display on that 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", "li ght-sport", "experimental", or "provisional", as applicable. Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to th e cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given t he size of the sUAS, two-inch lettering will be impossible. The word “Experimental” will be p laced on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f). where the pil ot, observer, and others workingIdaho Dan, Inc. Page 5 with the sUAS will see the identification of the sUAS as “Exper imental”. The FAA has issued the following exemptions to this regulation as Exemption Numbers 10 700, 8738, 10167 and

10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limi tations: Pilot in Command

. Sections 61.113 (a) & (b) limit private pilots to non-commercia l operations. Because the sUAS will not carry a pilot or passengers, the proposed operations c an achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have no less than 40 hours of flight time with the specific sUAS equipment Idaho Dan , Inc. operates. The experience of the PIC will be certified by Idaho Dan, Inc. through backgro und checks and, if necessary, testing. Idaho Dan, Inc. will maintain flight logs of all PICs it employs, and provide full transparency to the FAA regarding the logs and records of these PICs. The PIC designated for any operation will hold an FAA airman’s certificate and have at least a Class 3 medical certificate. The risks associated with the operation of the sUA S are so diminished from the level of risk associated with commercial operations contemplated by P art 61 when drafted, that allowing operations of the sUAS by a PIC meeting the standards of Idaho Dan, Inc. (listed above) exceeds the present level of safety achieved by 14 C.F.R . § 61.113 (a) & (b). Unlike a conventional aircraft that carries the pilot and passengers, th e sUAS is remotely controlled with no persons on board. The area of operation is controlled and re stricted, and all flights are planned and coordinated in advance. Currently there are no pilo t licenses that are specific for UAS operators, and no current FAA sanctioned pilot license of a ny type requires training with, and knowledge of, UAS equipment greater than the requirements I daho Dan, Inc. uses to certify its PICs. Therefore, the requirement of any available FAA sanct ioned pilot license to operate a sUAS does not make a PIC a more competent operator than one mee ting the requirements of Idaho Dan, Inc.. My company hopes the FAA develops a new Pilot License specific for UAS and sUAS commercial operation, one that sets high standards on the quality of pilots and increases the professionalism of our emerging industry. If the FAA does t his, Idaho Dan, Inc.’s PICs will file for these licenses. My company would also be happy to work with the FAA to help develop the standards for new licenses, and any other regulations the F AA is developing for UAS operation.

14 C.F.R. § 91.7 (a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil airc raft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance, and use of safe ty check lists prior to each flight (summaries listed below), an equivalent level of safety will be provided.

Summarized Safety Checklists:

Aircraft : All adjustment points will be checked for tightness; all moto rs and props will be inspected; all wiring will be double checked; all systems will be powered up and checked for

errors.

Battery : Confirmation will be made that batteries are fully charged an d installed/connected properly.

Calibration : Pre-flight motor/gyro calibration followed by confirmation of no errors with the flight and navigation systems.Idaho Dan, Inc. Page 6 Compass Calibration : compass will be calibrated at each new location and before ea ch flight as per manufacturer’s protocols.

Transmitter : Confirm radio transmitter has sufficient charge, and is both working properly and receiving telemetry from the sUAS; confirm all switches are in pre-flight mode.

Surroundings/Flight Area : Conduct one last visual inspection of the take-off surroundin gs and area of airspace sUAS will be operating in. Confirm all people in the surrounding areas are associated with the filming being done.

Take-off Announcement: Before motors are started the PIC will announce to a designated Representative (person of authority) of the film crew and the V O that sUAS is ready to take-off. Only after the Representative has notified all persons within t he surrounding areas, and confirmed to PIC that they have clearance to lift-off, will the motors be started and the sUAS will conduct its operation.

Test Flight : A test flight will be conducted: after any disassembly/reasse mbly; after replacement of any motors or flight electronics; after any pre-flight or in flight equipment errors that occur not resulting from environmental conditions; very first thing of an y commercial operations day before filming begins; if there are any concerns about environmental c onditions and potential issues with the flight path.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the A ircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-reg istered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required b y §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings , and placards, or any combin ation thereof. The sUAS, given its size and configuration has no ability or place to car ry such a flight manual on the aircraft, not only because there is no pilot on board, but beca use there is no room or capacity to carry such an item on the aircraft. The equivalent level of saf ety will be maintained by keeping the flight manual at the ground control point where the PIC fly ing the sUAS will have immediate access to it. The FAA has issued the following exemptions to th is regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 1060 2, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to ensure the safety of flight. As FAA approved rotorcraft flight manuals wil l not be provided for the aircraft an exemption will be needed. The PIC will take all actions includi ng reviewing weather, flight battery requirements, landing and takeoff distances and aircraf t performance data before initiation of flight.

14 C.F.R. § 91.109: Flight instruction : Section 91.109 provides that no person may operate a civil airc raft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a c ontrol box that communicates with the aircraft via radio communications. The FAA has approved exe mptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The eq uivalent level of safety is provided by the fact that neither a pilot nor passengers will b e carried in the aircraft, and by the size and speed of the aircraft.Idaho Dan, Inc. Page 7 14 C.F.R. § 91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of civi l aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed , provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 feet AGL, or not more than 200 feet above a n elevated platform from which filming is planned, an exemption may be needed to allow such op erations. As set forth herein, the sUAS will never operate at higher than 400 feet AGL with th e exception that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 10 0 feet above the highest point on the structure. It will however be operated in a restricted a rea with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the size, wei ght, speed of the sUAS as well as the location where it is operated. No flight will be taken with out the permission of the property

owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations.

Compared to flight operations with aircraft or rotorcraft weigh ting far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk a ssociated with these operations is far less than those presently presented with conventional aircr aft operating at or below 500 AGL in the movie industry. In addition, the low-altitude operations of the sUAS will ensure separation between these small UAS operations and the operations of conven tional aircraft that must comply with Section 91.119.

14 C.F.R. § 91.121 Altimeter Settings This regulation requires each person operating an aircraft to m aintain cruising altitude by

reference to an altimeter that is set “...to the elevation of t he departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed . An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS alt itude indicator before flight.

14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Con ditions Section 91.151 (a) prohibits an individual from beginning “a fl ight in an airplane under VFR conditions unless (considering wind and forecast weather condit ions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cr uising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides no more than 30 minutes of powered flight. 14 C.F.R. § 91.151, sUAS flights would not be possible due to the reserve requirement being equal to the maximum flight time. Given the limitations on the sUASs propose d flight area and the location of its proposed operations within a predetermined area, a longer t ime frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 C.F.R. § 91.151 (a) falls within the scope of prior exemptions. See Exem ption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.15 1 (a)). Operating the small UAS, in a tightly controlled area where only people and propert y owners or official representatives who have signed waivers will be allowed, with l ess than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151 ( a) was intended to alleviate given the size and speed of the small UAS. Additionally, the limitati ons created by this requirement for sUAS flights would essentially m ake null any utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be ac hieved by limiting flights to 18 minutes or 30% of battery power— whichever happens first. This restriction would be more thanIdaho Dan, Inc. Page 8 adequate to return the sUAS to its planned landing zone from an ywhere 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): Carrying Civil Aircraft Certifica tion and Registration The regulation provides in pertinent part: (a) Except as provid ed 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 ai rcraft unless the airworthiness certificate required by paragraph (a) of this section or a spec ial flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that i t is legible to passengers or crew. The sUAS fully loaded weighs no more than 55 lbs and is operate d without an onboard pilot. As such, there is no ability or place to carry certification and r egistration documents or to display them on the sUAS. An equivalent level of safety will be achieve d by keeping these documents at the ground control point where the pilot flying the sUAS wil l have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issu ed numerous exemptions to this regulation. A representative sample of other exceptions include s 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 These regulations require that an aircraft operator or owner “s hall 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 a s prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance and inspe ctions will be done in accordance with the sUAS Manufacturer's Manual, and will be performed by e mployees of Idaho Dan, Inc. following the guidelines and practices provided to us by the sU AS Manufacturer. An equivalent level of safety will be achieved because these small UASs are v ery limited in size and will carry a small payload and operate only in restricted areas for limite d periods of time. If mechanical issues arise the sUAS can land immediately and will be operatin g from no higher than 400 feet AGL. The PIC will ensure that the sUAS is in working order prio r to initiating flight, perform required maintenance, and keep a log of any maintenance perform ed. Moreover, the PIC is the person most familiar with the aircraft and best suited to maint ain the aircraft in an airworthy condition to provide the equivalent level of safety.

Additional Views and Information: Idaho Dan, Inc. has realized the amazing benefits sUAS equipment can provide to the real estate, news, farming, film a nd television industries. It not only provides new cinematography capabilities, but also increas ed safety over current and past practices that used larger and more dangerous equipment. My com pany wants to have the highest levels of safety and professionalism, and one thing ess ential to this is achieving a path to commercial licensing with the FAA. We believe this will help reduce unsafe practices, discourage improper uses, and improve public perception. The co mmercial manufacture and use of sUAS equipment will create more jobs for the United Stat es and help boost the economies in many sectors, and we want to help the FAA in creat ing regulations that will allow incorporation of UAS devices into our country's airspace for co mmercial use.Idaho Dan, Inc. Page 9 Reasons Why Idaho Dan, Inc. Exemption Will Not Adversely Affect Safety and How The Exemption Will Provide a Level of Safety At Least Equal To Exis ting Rule: The applicant proposes that the exemption requested herein appl y to civil aircraft that have the characteristics and that operate with the limitations listed he rein. These limitations provide for at least an equivalent or even higher level of safety to operation s under the current regulatory structure because the proposed operations are conducted in limi ted areas with predetermined flight paths under the permission of the property owner or prop erty representative. These limitations and conditions to which Idaho Dan, Inc. agrees to b e bound when conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh no more than 55 lbs.

2. Flights will be operated within line of sight (VLOS) of the pilot in command (PIC) or visual observer (VO).

3. Maximum total flight time for each operational flight will b e 18 minutes or at 30% battery power reserve should that occur prior to the 18 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planned. If a structure being filmed or photographed has a height which exceeds 400 feet AGL, the UAS w ill not exceed 100 feet in height above the highest point on that structure.

5. Minimum crew for each operati on will consist of the sUAS PIC , and the Visual Observer.

6. sUAS Pilot will be Pilot in Command (PIC). The PIC hold an F AA airman certificate and will have a minimum of 40 hours of flight time with the specific sUA S equipment Idaho Dan, Inc. operates. The experience of the PIC will be certified by Idaho Dan, Inc. through background checks and, if necessary, testing. The PIC will also have passe d the FAA Airman Knowledge Test for Private Pilots (Test Code:PAR or PRH). Idaho Dan, Inc. will maintain flight logs of all PICs it employs, and provide full transparency to the FAA regar ding the logs and records of

these PICs.

7. Flights will be operated at a lateral distance of at least 1 00 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation.

8. A briefing will be conducted in regard to the planned sUAS o perations prior to each day’s production activities. It will be mandatory that all personnel involved with the operational duties of the flight within the boundaries of the safety perimeter be present for this briefing.

9. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light of the requested exemption, with the appropriate local Flight Standard s District Office. (FSDO)

10. The operator will obtain the consent of all persons involve d in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of saf ety determination. With the advanced permission of the relevant FSDO, operations at closer range can be approved.

11. PIC and Visual Observer will have been trained in the opera tion of the specific sUAS equipment used by Idaho Dan, Inc., and received up-to-date info rmation on the particular sUAS to be operated.

12. The PIC designated for any operation will have at least a C lass 3 medical certificate.

13. Visual Observer and PIC will at all times be able to commun icate by voice, or radio.Idaho Dan, Inc. Page 10 14. Written and/or oral permission from the relevant property h olders or property representatives

will be obtained.

15. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other a ppropriate government agencies.

16. If the sUAS loses communication with the PIC or loses its G PS signal, the sUAS will have the capability to return to a pre-determined location within th e Security Perimeter and land autonomously.

17. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

This exemption application is exp ressly submitted to fulfill Co ngress’ goal in passing Section 333 (a) through (c) of the Reform Act. This law directs the Sec retary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rule making required unde r Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pos e a threat to national security in light of the following: • The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airports and popul ated areas; and • Operation of the UAS within visual line of sight of the opera tor.

Reform Act § 333 If the Secretary determines that such vehicles “may operate saf ely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. § 333 (c) The Federal Aviation A ct 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 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current airwort hiness certificate. The Administrator may grant an exemption from a requirement of a regulation presc ribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title i f the Administrator finds the exemption in the public interest. 49 U.S.C. § 44701 (f) See als o 49 U.S.C. § 44711 (a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203 (a) (1). Idaho Dan, Inc. sUA Ss are rotorcraft, weighting 55 or fewer lbs. including payload. They operate, under normal con ditions at a speed of no more than 40 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight and wil l operate only within a predetermined and closed off property area under the permission of the property representative. Such operations will ensure that the sUASs will “not create a h azard to users of the national airspace system or the public” as per the Reform Act Section 33 3 (b). Given the small size of

the sUASs involved and the restricted sterile environment withi n which they will operate, the applicant falls squarely within that zone of safety (an equival ent level of safety) in which Congress envisioned that the FAA must, by exemption, allow comm ercial operations of UASs to commence immediately. Also due to the size of the sUASs and the restricted areas in which the relevant sUASs will operate, approval of the application presen ts no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhan ced safety, reduction in environmental impacts, including reduced emissions associated w ith allowing UASs for movie and commercial videography operations, the grant of the request ed exemptions is in the publicIdaho Dan, Inc. Page 11 interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

How granting Idaho Dan, Inc. Exemption will Benefit Public as a Whole The economic potential of the rapidly developing UAS industry i s extraordinary. Technological

advancements have created devices that were unthinkable as earl y as 5 years ago. Unfortunately this developing science has put advanced technolo gy into the hands of untrained individuals. Further development of the sUAS industry is depend ent upon safe integration into the NAS. It is imperative that responsible operators lead by ex ample in this developing industry in order to maintain the safest national airspace system in the world. When operated responsibly, unmanned aircraft systems pose significantly less threat to persons and property

than traditional manned aircraft due to their size and lack of combustible material onboard. Congress has already proclaimed that it is in the public’s best interest to integrate commercially flown sUASs into the NAS. The real estate, farming film and tel evision industry is an ideal application of sUAS technology. sUASs are ideal in this industr y in that they create less environmentally damaging emission s, are less disruptive locally and pose significantly less threat to persons and propery than traditional aircraft. Granti ng exemption to Idaho Dan, Inc. will ensure more qualified, responsible UAS operation in the NAS and can enhance the economic impact of the developing sUAS and ancillary industries as a who le.

********* Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is n eeded: Applicant seeks an exemption from the following rules: 14 C.F.R. § 21, subpart H; 14 C.F.R 45.23 (b); 14 C.F.R. § 61.113 (a) & (b); 91.7 (a); 91.9 (b)(2); 91.103 (b); 91.109; 91 .119; 91.121; 91.151(a); 91.203 (a) and (b); 91.405 (a); 91.407 (a)(1); 91.409 (a)(2); 91.409 (a)(2 ) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (50 lbs or less) in motio n picture, television, and commercial operations. Specifically, Idaho Dan, Inc. is seeking 333 exemption for closed-set film operations for film and television productions, on-locatio n film or television operations on private land or with property permission; aerial video support for films and commercials in controlled environments; augmentation of real-estate listing vi deos; and the creation of visual and topographical layout videos for state and local agencies, e ducational organizations, agricultural inspections or building and construction zone insp ections. The sUASs will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small UASs, weighting less t han 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircra ft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, a re far safer than conventional operations conducted with turbine helicopters operating in clos e proximity to the ground and people. All flights will occur over private or controlled acces s property with the property representative or owner’s prior consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place. All flights will occur in accordance with any state or l ocal laws regarding privacy. Satisfaction of the criteria provided in Section 333 of the Ref orm Act of 2012--size, weight, speed, operating capabilities, proximity to airports and popula ted areas and operation within visual line of sight and national security – provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of ap plicant’s sUAS equipment in the motion picture, television, and commercial production indus try. **********

Traditionally, aerial filming for real estate, the television a nd film industries has relied primarily on the use of traditional aircraft. These larger combustible-fu eled aircraft pose significant risk toIdaho Dan, Inc. Page 12 the crew, passengers and the public in general due to their inh erent dangers and the proximity of use to participants. Small unmanned aircraft are ideal for t he television and film industries because of the same reasons they do not pose significant threat to the public. UASs do not carry combustible fuel, they hav e a lighter impact on the envir onment, are less disruptive, smaller, more maneuverable and sa fer than conventional video an d photographic aircraft. When operated responsibly, a sUAS utilizes lower altitudes within vi sual line of sight of the PIC in a predetermined airspace. These protocols further reduce the risk of personal injury or property damage. Since sUASs are unmanned, risk to pilots and crew are p ractically impossible. In many ways sUASs are ideal for the film and television industries and they will be responsible for enhancing production value in unexpected ways. As this technolo gy becomes more ubiquitous sUAS operation needs to be regulated effectively. The rapid dev elopment of sUAS technology has made the need for effective legislation more pertinent. The sUAS industry needs qualified, responsible operators to lead by example to help ensure safe in tegration into the NAS. Granting a 333 exemption for Idaho Dan, Inc. will reduce the reliance on traditional large aircraft for aerial video work and guarantee safe integration of additional sUASs i nto the NAS, further reducing risk and enhancing public safety.

Respectfully submitted,

Idaho Dan, Inc. Daniel Lindsey

CEO/President and Private Pilot

2887 N Leisure Dr. Boise, Idaho 83704

208 867-9884 Dan@IdahoDan.comIdaho Dan, Inc. Page 13 Appendix A – List of Unmanned Aircraft Systems UAS

Make & Model Description Weight

DJI Phantom 3 4 rotor electric 4 lbs

Unmanned aircraft System UAS

Operating Frequencies:

Transmitter: 2.400 ~ 2.483 GHz

Video Feed: 5.725 ~ 5.825 GHz

1. DJI Phantom 3 - The operation of the DJI Phantom 3 system is as follows. 1. Build Materials - Plastic, Aluminum and internal electrics. 2. Motor Configuration - The Phantom 3 has a quadcopter configu ration. 3. Payload - The Phantom 3 it’s own integrated camera. Total We ight- 4lbs 4. Maintaining the Phantom 3

I. Before each flight: 1. Check all hardware to ensure it is securely tightened. 2. Check that the motor is level and locked in place. 3. Check the propeller to ensure it is tight and there are no v isible signs of cracks, stress, and/or chips. Replace if propeller is questionable. 4. Check all wiring to motors, motor controllers, batteries, an d flight controller for signs of 5. Check all navigational lighting to ensure it is properly wor king.

II. After 45 hours of flight 1. Remove and check all motors and motor mounts for signs of we ar and tear. Replace

as necessary. 2. Remove motor controllers and visually inspect and check for damage. Replace as

necessary. 3. Remove flight controllers and visually inspect and check for damage. Replace as

necessary. 4. Check for cuts, fraying, cracks, and/or loose/cold solder co nnections. Fix before flying. 5. Check for updates to flight controller firmware. If availabl e, install and perform a minimum of 15 test flights before conducting commercial work.

Appendix B - UAS Manuals/ Flight Operations/ Manual for all field safety protocols

This Appendix includes UAS manufacturer's user manuals, mainten ance instructions, and illustrated parts catalogs. These manuals may be attached to th e docket when submitted. Information regarding design, aircraft performance, fail-safe f eatures, operating limitations, normal and emergency procedures, and maintenance and inspection procedures is contained within the manuals and supplemental information documents liste d below:

1. Phantom 3 Advanced Manual V1.6 (EN) http://www.dji.com/product/phantom-3-

adv/info#downloads File is too large to upload to FAA portal

2. Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0 (EN ) http://www.dji.com/product/phantom-3-adv/info#downloadsIdaho Dan, Inc. Page 14 For more information or questions about these documents please contact:

Daniel Lindsey

208 867-9884