## U.S. Department of Transportation

Federal Aviation Administration
Docket Management System
1200 New Jersey Ave., SE
Washington, DC 20590

Regulatory Docket No. _______________



# Exemption Request U nder Section 333 of the

FAA Reform Act and Part 11 o f the Federal

Aviation Regulations

Submitted on April 1 0 , 2015

Matthew Kenney Technical Program Manager

DONAN

2101 Production Drive
Louisville, KY 40299

800

- 482

- 5611, ext. 2029 mkenney@donan.com1 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS

......... .......................................................................... 2

INTRODUCTION AND OVERVIEW

......... .. ............................................ ....................... ... 3

CHARACTERISTICS OF THE UAS

.......................................... ..................................... . ...4

UAS OPERATOR REQUIREMENTS

....................................................... ... ....................... 5

UAS OPERATING PARAMETERS

........... . ...................................... . .............................. 6

A PPLICATION S AND PUBLIC INTEREST

. . . ............................. ....... ............................... 8

SUMMARY FOR FEDERAL REGISTER

... . ...................................... ............................... . 8

CONCLUSIONS.

................................................................................... ............... ................ . 9

APPENDI X A: R EGULATIONS REQUIRING EXEMPTION

... . ............................ 102 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Org anization

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

MPH Miles Per Hour

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SVFR Speci al Visual Flight Rules

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer3

INTRODUCTION A ND OVERVIEW

Dear Madam/ Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)
and 14 C.F.R. Part 11, Donan Solutions LLC (“ D onan ”), seeks an exemption from the Federal Aviation Regulations listed below:

 14 C.F.R . 21 , subpart H

 14 C.F.R. 61.3

 14 C.F.R. 61.113(a)&(b)

 14 C.F.R. 61.133(a)

 14 C.F.R. 91.9(b)(2)

 14 C.F.R. 91. 103(b)

 14 C.F.R. 91. 10 5

 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. 91.319(a)(1)

 14 CFR 91, Subpart E (91. 40 5 , 91.407, 91.409, 91.417)

The requested exemption would authorize Donan to conduct commercial operations using the DJI
Phantom 3, DJI Phantom 2 Vision+, and DJI Phantom 2 for forensic engineering and fire investigation applications. These applications would primaril y consist of roofing inspections, structural inspections, and fire scene documentation

.

In order to ensure at least an equivalent level of safety to currently authorized operations using

manned air craft , all operations will be subject to the strict oper ating requirements defined in the Donan UAS Flight Operations Manual (D onan requests that the FAA treat the Donan UAS Flight Operations Manual as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket)

. Additionally , this p etition for exemption is supported by the information contained

in the Phantom 2 Vision+ User Manual

, Phantom 2 User Manual, Phantom 2 Vision Pilot Training Guide, and the Smart Flight Battery Safety Guidelines (hereafter collectively referred to

as “Manuf

acturer’s Operations Manuals”).

All Donan UAS will be operated only by individual s w ho h old at least an FAA issued private, recreational, or sport pilot certificate and who have successfully completed Donan’s UAS Training Program ( the Donan UAS Training P rogram O utline will be submitted separately and Donan requests that the FAA treat this document as proprietary under 14 C.F.R. 11.35(b) and not

include thi s document in the public docket)

.

The characteristics of the UAS, detailed UAS operator requirements , and UAS operating

parameters given below will ensure that all Donan UAS operations are carried out with an equivalent or higher level of safety than currently authorized manned aircraft operations. The details below regarding Donan’s intended UAS applica tions provide clear evidence that approval of this exemption is in the public interest.4

CHARACTERISTICS OF THE UAS

The Phantom 3, Phantom 2 Vision+

, and Phantom 2 are all very similar UAS . O ne exception is

that the P h antom 3 and Vision+ include an integrated camera

, while a third party camera can be

affixed to the Phantom 2. The Phantom 2 Vision+ and Phantom 2 have a diagonal motor

- to

motor distance of approximately 14 inches. The Phantom 3 is approximately 27 inches across, measured diagonally and including the p ropellers. All three UA are constructed primarily of frangible materials (plastic) and weigh less than 3 pounds each. The Vision+ and Phantom 2 are powered by a 5200 mAh 3S LiPo battery . The Phantom 3 is powered by a 4480 mAh 4S LiPo

batter y.

The max flight speed of the Phantom 2 Vision+ and the Phantom 2 is approximately 34 mph

, while the max flight speed of the Phantom 3 is approximately 36 mph

. All three UA contain an

on

- board GPS and an inertial measurement unit for flight stabilizati on and automatic failsafe

return to home in case of a los t control signal. Additionally, these UAS offer geo

- fencing and max altitude features to restrict the maximum vertical and horizontal distance the aircraft will fly from its home point. The Phantom 3 and Vision+ offer the added feature of displaying real time flight data, including battery status, altitude and distance from home , within the DJI App.

Each UA operated by Donan for commercial use will be registered in accordance with 14 C.F.R

Part 4 7, and will be marked in accordance with 14 C.F.R. Part 45, , Subpart C

, in a size as large

as p ractical for the size of the UA

.

All UA S operated by Donan will be maintained in accordance with the manufacture ’ s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft components and all pertinent instructions in the user manuals. Repairs, component changes, and software/firmware updates will be recorded in the UA S ’ s maintenance log

. Maintenance log entries will include the date, UA S ID number , registration number, current

UA S flight time

, a description of work performed , and the name of the individual who completed

the work

. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flig ht characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight, prior to use in any commercial operations. The functional test flight must be conducted

in such a manner so as to not pose an undue hazard to person s and property. The PIC who conducts the functional test flight must make an entry in the aircraft records

. A pre

- flight inspection of the UAS will be completed by the PIC prior to each flight operation as specified in the Donan UAS Flight Operations Man ual

. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. All

Donan UAS w ill comply with all applicable manufacturer safety bulletins.

Additional information on the aircraft specifications, performance limitations, operating procedures, and pre

- flight inspections is contained in the attached documents. The safety and

reliabil ity of the DJI Phantom 2 Vision+ and DJI Phantom 2 UAS is further supported by the fact that numerous FAA exemptions have previously been approved for their use in commercial operations . As noted above, the DJI Phantom 3 is very similar to these UAS and incorporates additional safety features.5

UAS OPERATOR REQUIREMENT S

All Donan UAS o perators wi ll hold at least an FAA issued private, recreational, or sport pilot

certificate and will have successfully completed Donan’s UAS Training Progra m

. Completion of the Donan UAS Training Program will ensure safe operations by not allowing any PIC to operate a UAS unless that PIC has demonstrated, that he/she is able to safely operate the UAS in a manner consistent with the exemption, including evasi ve and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. All operators will either meet the flight review requirements specified in 14 CFR § 61.56 or will annually complete and log at least 4 hours of ground instruction with a certified flight instructor (CFI) covering regulations and issues pertinent to commercial operation of the Phantom 3, Phantom 2 Vision+

and Phantom 2 UA S

.

The i ndividual acting as PIC of a UAS will be identified prior to any fl ight and will not change once the flight has begun. The PIC is the individual in operational control of the flight operation from beginning to end and is responsible for safe flight of the UA. All PIC flight hours used to

demonstrate qualification s and c urrency will be logged in a manner consistent with 14 CFR § 61.51(b)

.

In order to act as PIC, all Donan UAS operators will hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto R ico, a territory, a possession, or the Federal government.6

UAS OPERATING PARAMETERS

In order to provide for a level of safety at least equivalent to operations conducted using manned

aircraft, a ll Donan commercial UAS operations w ill be conducted in accordance with the
following specific operating limitations:

 The UA may not be operated at a speed exceeding 30 knots (34 miles per hour). In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

 All o perations shall be conducted in accordance with an ATO

- issued COA.

 All UA o peration s will occur a t or below 500 ft AGL or the maximum altitude sp ecified in

the COA limitations , unless the purpose of the flight is to inspect a building or structure

which is taller than 500 ft . If the purpose of the flight is to inspect a buildin g or structure

which is taller than 500 ft then the max altitude of the U A will be restricted to 20 f t above the highest point of th at building or st ructure. All a ltitude s must be reported in feet AGL

.

 No U A will be operated within 3 nautical miles of an airport reference point (ARP) as

d enoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA published aeronautical chart, unless a letter of agreement with that airport’s management is o btained or otherwise permitted by a COA issued to D on an . The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official

upon request.

 No U A will be operated within c lass B, C, D o r E airspace unless a letter of agreement

f rom the controlling ATC office is o btained or the flight is otherwise permitted by a COA

issued to D on an . The letter of agreement f rom ATC must be made available to the Administrator or any law enforcement official upon request.

 The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S.

driver’s license.

 All operating documents and a grant of exemption must be accessible during UAS operations and made available to the Administrator upon request

. If a discrepancy exists

between the conditions and limitations in the grant of exemption and the procedures outlined in the operating documents, the c onditions and limitations in the grant of exemption take precedence and must be followed. Otherwise, the PIC must follow the procedures as outlined in the operating documents. Donan may update or revise its operating documents. However, i t is Donan’s resp onsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. Donan must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If Donan determines that any update or revision would affect the basis upon which the FAA granted the exemption,

then Donan must petition for an amendment to the grant of exemption.

 UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.7

 The UA may not be operated less than 5 00 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

 Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from ope rating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. All maintenance and alterations must be properly documented in the aircraft records.

 Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functio nal test flight must make an entry

in the aircraft records.

 If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location

.

 The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

 The PIC is prohibited from beginning a flight unless t he UA ’ s battery level is at 7 5 % or higher . The PIC must begin returning the UA to the designated landing area when the battery level drops below 2 5 %.

 Documents use d by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These

documents must b e made available to the Administrator or any law enforcement official

upon request.

 The UA must remain clear and give way to all manned aviation operations and activities at

all times.

 The UAS may not be operated by the PIC from any moving device o r vehicle.

 U A will not be operated directly over nonparticipating persons unless b arriers or structures are present that sufficiently protect nonparticipating persons from the UA and/o r debris in

the event of an accident. UA will not be operate d over any open

- air assembly of people.

 Any i ncident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA w ill be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents w ill be reported

t o the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.8

APPLICATIONS AND PUBLIC INTEREST

The requested exemption would allow D onan to operate the D JI Phantom 3, Phantom 2 Vision+,

and Phantom 2 for the purposes of f orensic engineering inspections and fire cause and origin investigations

. These inspections and investigations are completed on both residential and

commercial properties and are typically conducted in support of the property insurance industry.

U se of UAS for these applications will offer significant advantages related to safety

, time, and

cost

. Most properties throughout the country are insured , and property owners have an interest in

insurance underwriting

, coverage, and claims processing ; therefore it is clear that grant of this exemption would be in the public interest.

C urrent o ptions for gathering the data which under th is exemption w ould be collected using UA

, include use of ladders, lifts, and manned aircraft. Use of ladders and lifts are inherently dangerous and result in numerous injuries each year. Use of manned aircraft is typically not

feasible and th erefore valuable information remains beyond the reach of the investigator. In most
cases, use of a UA is quicker and easier than any other alternative and often yields better

information.

Due to t he ir small size and the fact they carr y no fuel

, all three models of the D JI Phantom pose a very low risk of damage to persons or structures on the ground. Because t hese U A are electric powered, t hey create no harmful emissions and make very little noise.

SUMM A RY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

Donan requests the grant of an exemption to the following specific sections of the Title 14 Code of federal Regulations w hich would allow it to operate m icro UAS for commercial use: 14 CFR 21, subpart H, 14 C.F.R Sections 61.3

, 61.113(a)&(b), 61.133(a)

, 91.9 (b)(2), 91.103(b),

91.105

, 91.109 (a) , 91.119, 91.121, 91.151(a), 91.203(a) &(b), 91.319(a)(1)

, 91.405, 91.407,
91.409, 91.4179

CONCLUSION S

Donan respectfully requ ests that the FAA grant the exemption sought in this request. Donan

believes that considering the small size and weight of the UAS

, along with the UAS PIC training

and certification requirement s stipulated above and the strict operating guidelines proposed

here in , it i s clearly demonstrated that the UAS will be operate d safely in the national a ir space (NAS) with an equivalent or greater level of safety compared to manned aircraft

.

We are prepared to modify or amend any part of this request as deemed necessary by the FAA to satisfy the need for an equivalent level of safety. Please contact us at any time if you require

additiona l information or clarification.

S incerely,

Matthew Kenney Technical Program Manager

D ONAN

2101 Production Drive
Louisville, KY 40299

800

- 482

- 5611, ext. 2029 mkenney@donan.com10

APPENDIX A: REGULATIONS REQUIRING EXEMPTION

D onan requests an exemption from t he following regulations as well as any additional regulations that may technically apply to the operation of the Phantom 3, Phantom 2 Vision+ , and Phantom 2

UAS :

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Section 91.203 requires all civil airc raft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the U A , its ver y light weight

, and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or

exceed curren t safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requ irement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved. An analysis of these different criteria demonstrates that the

U A operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft wit h an airworthiness

certificate.

14 C.F.R. § 61.3: Requirements for certificates, ratings and autho rizations
14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in
Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil

ai rcraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pi lot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used.

The regulation provides also that no person that holds a private pilot certificate may act as pilot in

c ommand of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; (2) Th e aircraft does not carry passengers or property for compensation or hire.

Given the size, weigh t, speed, operational lim itations, and range of the UAS

, D onan pr oposes that operators of the U AS should not be required to hold a commercial pilot certification. Instead, operators should be required to:

H old at least an FAA issued private, recreational, or sport pilot certificate

. All operators will11

either meet the flight review requirements specified in 14 CFR § 61.56 or will annually complete and log at least 4 hours of ground instruction with a certified flight instructor (CFI) covering regulations and issues pertinent to commercial operation of the Phantom 3, Phantom 2 Vision+

and Phantom 2 UA S

.

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, ap proved flight

manual is in the aircraft. D onan proposes to provide an equivalent level of safety by maintaining a copy of all d ocuments use d by the operator to ensure the safe operation and flight of the UAS a s well as documentation of an exemption and COA with the ground control station and accessible to the PIC during flight operations.

14 C.F.R. § 91.103 : Preflight action

This regulation requires that e ach pilot in command shall, before beginning a flight, become
familiar with all available information concerning that flight. This information must include

r unway lengths at airports of intended use, and the following takeoff and landing distance

information.

This r egulation is n ot applicable due to t he fact Donan UAS operations will not occur at an

airfield

. To provide an equivalent level of safety, t he PIC will c omplete a preflight inspection as
directed by the manufacturer ’ s manuals and Donan UAS operations manual before any flight.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."

The equivalent level of safety will be achieved through D onan ’ s UAS flight training program and conducting flight training within controlled environments.

14 C.F.R § 91.105: Flight Crewmembers at Stations

The regulation states that required crewmembers must be at thei r stations in the aircraft during
specific portions of a flight.

This is not applicable since the UAS carry no crewmembers. A n equivalent level of safety will be
maintained by ensuring that the PIC is identified prior to any flight and that the PIC does not
change d uring a flight

. The PIC will maintain control of the UAS for the duration of the flight.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer12

than 500 feet to any person, vessel, vehicle, o r structure. Since the U A will be operating at a

maximum of 5 00 feet AGL, the se operations cannot comply with this requirement.

The equivalent level of safety will be achieved given the size, weight and speed of the UAS

. Additio nall y the UAS will be operated in a defined and relatively small AOI

. Moreover, the U A will not be operated over any open

- air assembly of persons or over any person not invo lved with the operation . The aircraft will be operated at an altitude allowi ng, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

14 CFR 91.121

– Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight lev el of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSL to:

 The current reported altimeter setting of a station along the route and within 100 nautical
miles of the aircraft;

 If there is no s tation within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station;

 In the case of an aircraft not equipped with a radio, the elevation of the departure airport or

an appropr iate altimeter setting available before departure.

To provide an equivalent level of safety, the U AS utilize a GPS system , barometric pressure

sensors, and internal gyroscopes to calculate the altitude.

14 C.F.R. § 91.151(a): 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 a fter

that for at least 30 minutes.

Given the area of operation for the U AS

, D onan believes that an equivalent level of safety is

achieved by requiring at le ast 7 5 % battery power in order to begin a flight and requiring the UA to return to land when the battery power reaches 25%

.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registratio n

This regulation provides as follows:

 No person may operate a civil aircraft unless it has an appropriate and current

airworthiness certificate.

 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.

To obtain an equivalent level of safety and meet the intent of 91.203, D onan propose s t o maintain a copy of all d ocuments use d by the operator to ensure the safe operation and flight of the UAS a s well as documentation of an exemption and COA with the ground control station and these will be13

available to the Administrator or any law enforcement official upon request

.

1 4 CFR 91, Subpart E (91.40 5 , 91.407, 91.409, 91.417)

- Maintenance, Preventive
Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance

of an airworthiness certific ate. 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.

D onan proposes that the maintenance , as well as preflight inspections of the U AS will be accomplished by the P IC

. All maintenance will be conducted and logged in accordance with the Donan UAS operations manual and the manufacturer ’ s specifications

. An equivalent level of safety will be achieved because the U AS a re small in size, a re not complex mechanical device s

, and will carry no external payload

.