## Rocky Mountain Drones, LLC

Mr. Kriss Childress downtoearthdental@comcast.net

719

- 369

- 6448
4 89 South Hook Court Pueblo, Co 81007
June 17 , 2015

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

Dear Sir or Madam: Re: Exemption Request P ursuant to Section 333 of the FAA Modernization and Reform Act, Rocky Mountain Drones, LLC owned by Kriss Childress a licensed FAA Private Pilot lic. #3578607 and holds a current certificate f rom Unmanned University having over 75 hours of UAS flight time , is operator and man a ging member of an Unmanned Aircraft System(UAS), hereby applies for an exemption from the listed Federal Av i ation Regulations(“FARS”) to allo w commercial operation of its UAS, so long as such operations are conducted within and under theconditions outlined herein or as may be established by the FAA as

required by Section 333 . Statutory Authority Sec 333, titled “Special Rules for Certain Unma nned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspa ce systems before completion of the (comprehensive ) plan and rule making required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In section 332(b)(1), Congress made it clear that section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations. The Petitioner Request Relief f rom the Following: Regulations from which the exemption is requested: 14 C.F.R part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113 (a) and (b) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9 (b) (2)
14 C.F.R 91.109
14 C.F.R. 91.119
14 C.F.R. 91.12 14 C.F.R. 91.151(a) 14 C.F.R. 91203(a) and (b) 14 C.F.R 91.205(b) 14 C.F.R. 91.215 14C.F.R (91.401

- 91.417Commercial operation of an UAS, as described herein, which are

equipped with sensors and c amera(s) and would be operated and used for the following manner:

-Aerial photography and or video for public and/or private use including land surveying, re al estate, television , public events cinematography, news reporting and other professional events.

-Aerial photography and/or video of residential/commercial structures, utility infrastructure, including but not limited to electric power lines, wind turbin es, ag ricultural survey and cell towers, under contract with the owners or local government authority

.

-Aerial photography and/or video to aid in search and rescue with use of heat sensors, early forest fire detection with special sensors , Police or gov ernment surveillance natural disasters all done when the local authorities or government has requested it by contract or donation.

- Training classes to persons individually or belonging to both private and /or public organizations that have interest in th e use and application of a UAS for the purpose of the safe operation of a UAS to enhance the safety of the National Airspace System as well as protection of the persons and property. As having over 200 hours as a private pilot and member of the AOPA, allow s me to see the importance of flying these UAS under strict guidelines. As described below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be done in a limited, controlled predetermined and wil l provide safety enhancements to the already safe operations in the current conventional aircraft industry. Approval of this exemp tion would thereby enhance safety and fulfill the Secretary of transportation’(the FAA Administrator’s) responsibil ities to “.... Establish requirements

for the safe operation of such aircraft systems in the national airspace system.” Rocky Mountain Drones LLC is currently flying The DJ I Phantom 3 advanced and is looking to add the DJI Inspire 1 in the future (Fall 2015) Both the Phantom 3 and the I nspire are highly successful consumer grade UAS quad copters designed to carry high definition (HD) cameras by four electric motors. They use an internal inertial measuring unit (IMU) with integrated barometric sensor augmente d with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a ground control stati on allowing the operator and /or the PIC to monitor battery level, GPS strength, altitude (AGL), distance from PIC camera imagery, and control camera angle. It has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller/IP ad will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing will be initiated when the battery reaches a predetermined low state.

All U AS operations conducted by Rocky Mountain Drones, LLC will:

- Weigh less than 55 pounds, including payload (i.e. camera , gimbal battery).

- Operate at speeds of n o more than 50 MPH , can hover, and can simultaneously move vertically and horizontally.

- Only operate its UAS in line of site of the PIC

- Limit each operational flight to 30 minutes or less. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit.- Operat e at an altitude of no more than 400 feet AGL.

- Be operated at a lateral distance of at least 100 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

- Require operators(PIC) to check (TFR S ) fly VFR and not violate National Airspace Systems(NAS))

- Have the capability to return to a pre

- determined location if the UAS loses communications or loses its GPS signal.

- Have the ability to contact airports by phone or radio but to stay 5 miles away from

.

- Will enter and log all aircraft flight time and PIC flight time. Thus enhancing the overall safety of operations.

- The UAS pilot will be a designated PIC and hold a certificate license through an approved school, along with a second or higher class medica l.

- A briefing will be performed regard ing the planned UAS prior to each day’s flight.

- Written or verbal p ermission and permits will be ob tained from territorial, state, coun ty and city jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

- The operator will file FAA form 7711

- 1 or its equival ent, as modified in light of the requested exemption, with the appropriate local Flight standards District Office no more than 72 hours but no less than 48 hours from planned operati on.

-All operations will utilize a visual observer (V0). The PIC and VO will Be able to communicate verbally at all times. Given the small size of the sUAS and the restricted sterile environment within w hich they will operate, our sUAS operation adhe re to th e Reform Act’s safety requirements.The sUAV, powered by batteries, is smaller, lighter and more

maneuverable than larger aircraft running on combustible fuel. I t operates at lower a ltitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum flight time of only 20 minutes, thus offers little or No risk to national security. EXEMPTION REQUEST AND EQUIVALENT LEV EL OF SAFETY Rocky Mountain Drones LLC, requests an exemption from the following regulatio ns as well as any additional reg ulations that may technically apply to the operation of the sUAV Systems: 14 C.F.R. part 21 Airworthiness Certificates This part estab lishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Phantom 3 under either or b oth of the following provisions.
21.191 E xperimental Certificates Experimental certificates are issued for the following reasons: (a) Research and development. Testing new aircraft design concepts, new aircraft installations, new aircraft equipment, new ai rcraft installations, new aircraft operating techniques, or new uses for aircraft. (b)Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show complian ce for issuance of type and supplemental type of certificates, flights substantiate major design changes and flights to show compliance with the function and reliability requirements of the regulations. Since the experimentalcertificate can be used for co mmercial purposes such as market

surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel , and will only fly under strict operational requirements/ Combines with the UA’s light weight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer , than a conventionally certificated airc raft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request and exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level if safety outlined in the previous paragraph.
14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each aircraft must display “N” and the aircrafts registration number in letters at least 3 inche s high. Additionally, the aircraft must display the word” EXPERIMENTAL” in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word “EXPERIMENTAL” can be placed and may not have a registration number assigned to it by the FAA. We propose tp achieve an equivalent level of safety by including the word “EXPERIMENTAL” in the placard on the top of the aircraft, as shown above, where the PIC (Pilot in Control ), VO(Visual Observ er) and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft’s registration information at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words “Unmanned Aircraft Ground Station” inletters 3 inches high or greater. Since the aircraft will operate within

3⁄4 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin. 14 CFR 61.113 Private pilot privileges and limitations; Pilot in Command and 61.113 Commercial pi lot privileges and limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as a pilot in command of an aircraft in connection with any busines s or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application in to conduct a business.
14 CFR 9 1.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this regulation is inapplicable. In the form contemplated by th e FARs, t his regulation is inapplicable

. 14 CFR 91.9 Civil aircraft manual, marking and place card requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would n ot be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9 we propose that and c urrent, approved sUAS Flight
ma nual must be available to the crew at the ground station anytime the aircraft in i n, or preparing for flight.14 CFR 91.109 Flight Instruction: Simulated instrument flight and

certain flight test the regulation states that “No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning d ual controls.” The sUAS System ground based station consist of a small han d

- held radio transmitter and while it does not offer a second set of “controls”, both the stude nt and instructor can, and will , operate the single set of simultaneously. With both student and instructor having “hands

–on” the controls during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.
91.119 Minimum safe altitudes: General. The regulation states that over sparse ly populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photograph y or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre

- planned has been performed . The aircraft will be operated at a low altitude allowing, if a power uni t fails, an emergency landing with undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be cons idered in granting the exemption. CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AFL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted viaradio from the sUAS on

- board computer to the display screen held

by the P IC, providing a constantly updated AGL readout.
14 CFR 91.151 Fuel requirements for flight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day

-vFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The s UAV is battery operated and the maximum aircraft wi ll never fly more than 3⁄4 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request and exemption to the word “fuel” and ask for an equivalent interpretation with the word “energy”.
14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworth i ness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the a ircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be “displayed at the cabin or cockpit entrance so that it is legible to passengers or crew”. At a maximum g ross weight of 5.3 pounds, the SUAs is too small to
car ry docum entation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA wil l be co

- located wit h the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and information plus the word “EXPERIMENTAL” to satisfy the requirement of 14 CFR 45.23.14 CFR Subpart E (91.401

- 91.417) Maintenance, Preventive

Maintenance, Alterations. The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 requires that the aircraft be “approved for return to service by a person authorized under 43.7” after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and “be a uthorized to approve the aircraft for return to service.” The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hour of flight. Maintenance performed by the P IC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction and simplicity of the aircraft, the PIC can ensure and equivalent level of safety. Safety and Benefits of the UAS: Rocky Mountain Drones LLC will be using the UAS in va r iety of applications that generally require expensive full

- siz e manned aircraft to complete. Small, light, unmanned aerial vehicles offer myriad benefits over the use of full

sized m anned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photo graphy, just to name a few. Re placing significantly larger manned aircraft
carry ing crew and flammable fuel with small UAS carrying no passe ngers or crew creates a much greater margin of safety for the pilots and crew. By granting Rocky Mountain Drones LLC’ s requ ested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. Rocky M ountain Drones LLC is committed to promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from itscommercial UAS operations and serving as a resource for future UAS

research operations. Thus, the F AA has good cause to grant the p etition.

Conclusion: As pointed out in the application, all the SUAs which our company would use, under authorization by the US DOT

- FAA, are small, light

weight devices operated within the line of sight of the Pilot

- in

Command (P IC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flig ht within a radius of this distance. All our SUAs have proven capability for controlled flight. They are devises offered for general sale on the market around the world and have often been used as Model Aircraft in the USA. We are certain that the studie s conducted until now by the FAA, about Section 332, Public Law 112

- 95, 2014, have already provided you with the assurances on the airworthiness of SUAs such as ours. For foregoing reasons, the exemptions requested herein should be granted and Rocky Mounta in Drones LLC should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. The submission of the application and its contents is the best demonstration t hat indeed it is possible to pursue the authorization process so that some SUAs may be used for legitimate commercial activities and under reasonably safe conditions.
Sincerely, Kriss Childress (owner) Rocky Mountain Drones