U.S. Department ofTransportation DocketManagement System 1200NewJersey Ave., SE Washington, DC20590 February 3, 2016

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of2012, 49 U.S.C. § 44701(f), and Part 11 ofthe Federal Aviation Regulations Dear Sir orMadam: Pursuant to Section 3 3 3 ofthe·FAA Modernization and Reform Act of2012 ("FMRA") and 14 CFR Part II , Clear Dental is submitting this Petition and seeks Exemption from the Federal Aviation Regulations as detailedbelow. Applicant Information: Thename ofthe applicant: ClearDental Theprimary contactfor this application, which a copyto me atthe address above, is: Thomas Orlando ClearDental 1020 HollandDrive, Suite 102 BocaRaton, FL 33487. Clear Dental is a corporationformed underthe State laws ofFlorida on or aboutJanuary 7, 2015, and Thomas Orlando is the owner and President ofClearDental. Pursuantto Section 333 ofthe FMRA, ClearDental. hereby requests a determinationby the Secretary ofTransportation authorizing commercial operations ofUAS for the purposes ofaerial photography & videography, datacollection, aerial windturbine surveillance, aerial pipeline · surveillance, commercialvideos and otherworkrelatedto aerial photography intheNAS. Clear Dental. does notintendto usefor closed-set filming. Flight operations willutilize the**~ff**the shelf3D Robotics ofunmanned aircraft. Conduct ofUAoperations willbe withrespectto FMRA Section 333(c) andthe UAS "BlanketCOA". Exemption is necessary to effect the determination requested pursuant to FMRA Section 333. The attached documentation includes detailed exemption requests that demonstrate how these exemptions are 

### inthepublic interest and will maintain at least an equal level ofsafety to existing regulations. Authorizing Clear Dental. to conduct commercial UAS operations will result in less disruptive, safer, and more cost effective solutions than manned aviationequivalents due to theFebruary 3, 2016 Page 2 ofll

low altitude environment, given the size, speed and inherent risk of traditional commercial helicopter operations. These commercial operations often occur inthe unsafe areas ofthe heightvelocity diagram requiring special precision and skill. Clear Dental will conduct the commercial UAS operation in a manner that will meet, and inmany cases exceed, the current level ofsafety ofcommercial helicopter operations. UA that are under 10 lbs., have a low noise signature, and carry no volatile fuel, will limit collateral damage in the event ofcatastrophic failure. The low expense ofoperation compared to cost prohibitive manned aviation alternatives allow a greater economic benefit to businesses. For these reasons, granting an exemption under FMRA Section 333(c) is in the public interest. UAS technology used for these commercial purposes benefit the public interest inthe following ways:

• Reduces the collateral damage risks to life and property associated with low altitude helicopter operations inundesirable portions ofthe height-velocity envelope. • Increased economic wellbeing to local businesses viacostreductions. • Enabling aerial business solutions to be available to a largermarket.February 3, 2016 Page 3 of 11

I. Exemptions Requested 

### Table ofContents

II. Commercial Operation/Operator III. Unmanned Aircraft System (UAS) IV. UAS Pilot-in-Command (PIC) V. Public Interest VI. Summary VII. List ofAttachments 

### I. Exemptions Requested Pursuant to 14 C.F.R. § 11.81(e), Clear Dental. requests exemption from the following regulations:

• 14 C.F.R. Part21 Subpart H- Airworthiness Certificates o Establishes: The procedural requirements for the Issuance of airworthiness certificates as requiredby 14 C.F.R. § 91.203(a)(1) Given the smallsize ofthe UA and the safeguards that will be taken as outline below, an exemptionfrom Part21 SubpartH meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe FMRA with consideration "ofthe size, weight, speed, operational capability, and proximity to airports and populated areas of the particularUAS."

• 14 C.F.R. § 45.23(b)- AircraftMarking and Identification Requirements o When marks include only the Roman capital letter "N" and the registration nUmber is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, orpilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport, "experimental," or "provisional," as applicable. Clear Dental will ensure compliance with § 45.29(±) to meet the intent ofthe regulation by displaying the registrationnumberinthe largestpracticable lettering.

• 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) and 61.101 - Recreational, Private and CommercialPilotPrivilege and Limitations o 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) ofthis section, no person who holds a private pilot certificate may act as pilot in command ofan aircraft that is carrying passengers or property for compensation orhire; normay thatperson, for compensation orhire, act as pilot in command ofFebruary 3, 2016 Page 4 of 11

an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command ofan aircraft inconnectionwith any business oremployment o 14 C.F.R. § 61.133: (a) Privileges

- (1) General. A person who holds a commercial pilot certificate may act as pilot in command ofan aircraft

- (ii) For compensation orhire, provided the personis qualified in accordance withthis part and withthe applicable parts ofthis chapterthat apply to the operation. o 14 C.F.R. § 61.101: (a) A person who holds a recreational pilot certificate may not act as pilotin command ofan aircraft: • Forcompensation orhire; • Infurtherance ofa business; UA operations will employ a PIC who holds, at a minimum, a recreational or sport pilot certificate ofany category orclass and a valid driver's license.

• 14 C.F.R. 91.7(a)- CivilAircraftAirworthiness o Nopersonmay operate a civil aircraftunless itis in an airworthy condition. The PIC will conduct daily pre and post flight inspections in accordance with manufactures maintenance manual(s) and guidance. During flight, the PIC will adhere to 

### § 91.7(b) and abort air operations immediately upon identification of an in-flight emergency or other unsafe condition. By complying with procedures outlined by the manufacturer, anequivalentlevel ofsafety will be achieved.

• 14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements o (b)(2) prohibits operation ofU.S.-registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, andplacards, or any combinationthereof. By keeping all operating documents, manuals, authorizations and exemptions in a binder co-located with the GCS, Clear Dental meet the intent ofthe regulations and therefore achieve an equivalentlevel ofsafety.

• 14 C.F.R. 91.109(a)- FlightInstruction o Noperson may operate a civil aircraft (except a manned free balloon) that is being used for flight instructionunless that aircrafthas fully functioning dual controls. The majority of sUAS by design are developed with single operational control through the use ofpre-determined GPS enabled waypoints programmed before or during flight in addition to the use ofa single hand held transmitter or control station controlled by the PIC. The design does not allow for dual controls during flight training and therefore the exemption is requested to train operators, build experience, and maintain proficiency. An equal level ofsafety will be achieved by conducting all training in sterile environments. Training sessions will be accomplished separately from flights conducted for compensation orhire.February 3, 2016 Page 5 of 11



### • 14 C.F.R. 

### 91.119 (c)- Minimum SafeAltitudes 

### o Except when necessary for takeoffor landing, no person may operate an aircraft below the following altitudes: (b) 

### Over any congested area of a city, town, or settlement, or over any open air assembly ofpersons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of2,000 feet ofthe aircraft. (c) Over other than congested areas. 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. (d) Helicopters, poweredparachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons orproperty onthe surface- (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) ofthis section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA. 

### Commercial UAS operations will be conducted at or below the maximum altitude authorized by COA. Given the size, weight and lack offuel; combined with operation limitations listed below, the operation will be conducted with a greater level of safety than exists with currentmanned aviation operations.

• 14 C.F.R. 

### 91.121- Altimeter Settings 

### o Each person operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operating

... SUAS are equipped with Global Positioning System (GPS), which provide altitude and geo-location data to the operator without utilizing an altimeter. Due to this fact, an exemption is required. GPS are precise within a few feet and combined with fail-safes and a visual observerthe operationwill meet an equivalent level ofsafety.

• 14 C.F.R. 

### 91.15l(a)- FuelRequirements for Flight in VFR Conditions 

### o No person may begin a flight in an airplane under VFR 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 afterthat for at least 30 minutes; This regulation is written based on the capabilities ofa traditional aircraft, which have flight times ofseveral hours or greater; therefore, with the majority ofsUAS which have flight times ofonly an hour or less, this regulation would effectively deny the ability of the air vehicle to operate. The PIC will achieve an equivalent level ofsafety by complying with all manufacturer guidelines andthe 3D Robotics and Dll lowbattery failsafe systems.February 3, 2016 Page 6 ofll



### • 14 C.F.R. 91.215(b)- ATC Transponder and Altitude Reporting Equipment and Use. o All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft inthe airspace described inparagraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A interrogations with the code specified by ATC, or a Mode S capability, replying to Mode 3/ A interrogations with the code specified by ATC and intermode and Mode S interrogations in accordance with the applicable provisions specified in TSO C-112, and that aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations by transmitting pressure altitude information in 100-foot increments. This requirement applies- (1) All aircraft. In Class A, Class B, and Class C airspace areas; (2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1ofthis partfrom the surface upward to 10,000 feet MSL; (3) Notwithstanding paragraph (b)(2) ofthis section, any aircraft which was not originally certificated with an engine-driven electrical system or which has not subsequently been certified with such a system installed, balloon or glider may conduct operations in the airspace within 30 nautical miles ofan airport listed in appendixD, section 1ofthis partprovided such operations are conducted- (i) Outside any Class A, Class B, or Class C airspace area; and (ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for anairport or 10,000 feet MSL, whichever is lower; and (4) All aircraft in all airspace above the ceiling and within the lateral boundaries ofa Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and (5) All aircraft except any aircraft which was not originally certificated with an engine-driven electrical system or whichhas not subsequently been certified with such a system installed, balloon, orglider- (i) In all airspace ofthe 48 contiguous states and the District ofColumbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; andFebruary 3, 2016 Page 7 ofll

(ii) Inthe airspace from the surface to 10,000 feet MSL within a 10-nautical-mile radius of any airport listed in appendix D, section 2 ofthis part, excluding the airspace below 1,200 feet outside ofthe lateral boundaries ofthe surface area of the airspace designated for that airport. The sUAS to be used in the proposed operation does not come equipped with a**transponder~** No transponder exists for the sUAS, which can be installed. The petitioner requests relieffrom the exemption to the extent required to operate in areas in which a transponder is required according the applicableregulations inthispart. The PIC will achieve an equivalent level of safety by complying with all provisions of the COA under which operations are to be conducted. By issuing appropriate NOTAMS and prior ATO coordination, an equivalent level of safety can be achieved as other manned aircraft, which receive authorization to fly in airspace where a transponder is required butnot operable. Inorderto give proper notice to the ATO, the PIC will comply with the provisions of91.215(d)(3). The sUAS flown under this exemption will comply with all altitude limits and airport standoff distances required by COA, which mitigate hazards to aircraft controlledbythe ATO incongested airspace.

• 14 C.F.R. 91.405(a), 91.407(a)(l), 9l.409(a)(2) and 91.417(a) & (b)- Maintenance Inspections o 91.405(a) States: Each owner or operator of an aircraft-(a) 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 inpart4 3 ofthis chapter o 91.407(a)(l) States: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless-(1) It has been approved for return to service by a person authorized under § 43.7 ofthis chapter o 91.409(a)(2) States: (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, withinthe preceding 12 calendarmonths, it has had-(2) An inspection for the issuance of an airworthiness certificate in accordance withpart21 ofthis chapter. No inspectionperformedunderparagraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an ''annual'' inspection inthe required maintenance records. o 91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified inparagraph (b) ofthis section: (paragraphs 1 (i

- iii), 2 (i

- vi)); (b) The owner or operator shall retain the following records for the periodsprescribed: (paragraphs 1

- 3)February 3, 2016 Page 8 of 11

The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the manufacturer's guidance as stated in the operations manual. Ifmaintenance is required, the PIC will conduct a dedicated test flight will be conducted to ensure safety before resuming commercial operations. All inspection, maintenance and alterations will be documented and maintained in a record. These actions will meet the intent of the regulations from which exemption is being requested and lead to an equivalent level of safety. 

### II. Commercial Operator/Operation Any UA flown under this exemption will be controlled by a certificated PIC. The PIC will hold, at a minimum, arecreational or sportpilotcertificate. Foreachflight, ClearDental.: • Will contactthe controlling airtraffic organizationto issue a NOT AM. • Will conduct a comprehensive worksite inspection and analysis, identifying limits of customerproperty or authorized access areas. • Will conductpreflightplanning in accordance with Section 91.103 PreflightAction. • Will operate in those areas only with the consent of the landowner or designated representative. • Will identify potential obstructions orotherhazards to safe operation. • Will clear the area ofpersonnel or bystanders that are non-essential to the operation, maintaining at a minimum, 500 feet away from non-participatingpersons. • Will conduct a preflight safety briefmg to Visual Observer (VO) and participating persons. • Will at all times yieldto manned airtraffic. • Will operate within VLOS ofbothPIC and VO during daylighthours only. • Will maintain voice communications withVO and participating persons. • Will operate under visual flightrules, invisual meteorological conditions, for the airspace inwhichthe flight is conducted. • Will not exceed the maximum altitude as defmed in the COA under which flight authorized, as determinedby the installed GPS. • Will keep operating documents, manuals, authorizations and exemptions in a binder colocatedwiththe GCS. • Will immediately terminate flight, in the safest manner possible, when safety to persons orproperty become compromised. • Will terminate flight, in the safest manner possible, when unable to comply with these limitations or any otherlimitations granted as part ofthis exemption. Inorderto remain at an altitude at orbelowthe attitude prescribed by the applicable COA, relief is needed from Section 91.119 (c). By following these operating standards, the commercial operationwill meet an equivalent level ofsafety to the regulation in whichreliefis sought.February 3, 2016 Page 9 of 11

III. UnmannedAircraftSystem Clear Dental seeks exemption to operate DJI and 3D Robotics UAS. Other UAS types may be requested in future amendments. 3D Robotics Solo are the primary aircraft in our operation for which we seek exemption The UA will be flown via a combination ofRC control and tablet GCS. UA types are GPS equipped, multirotor helicopters. Quad-copter type rotorcraft utilizing four motors. Lithium-polymerbatteriespowerthe UA. The UA also has several fail-safes for loss ofRC signal, loss ofGPS, and lowbattery as outlined in the respective Operation Manuals. The UA display visual and emit an audible low battery alerts at which time the UA will automatically engage the landing sequence. Based upon those safeguards, I request exemption from Section 91.151(b) Fuel requirements for flight in VFR conditions. Given the size, weight, speed, and controlled operating area associated with the UA to be utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) is requested. Exemption is sought from§ 45.23 Marking of the aircraft. The UA will display the registration number in the largest practicable lettering. Clear Dental. seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will be conducted according to operations manual and prudent judgment as previously outlined to determine the integrity and safety ofthe UA and associated equipment. Further, reliefis required from 91.7(a), which prohibits the operation ofan aircraft without an airworthiness certificate and 91.9(b) (2) requiring an approved flight manual in the aircraft. The UA will not be operating with an airworthiness certificate therefore, this would be inappropriate. The UAS are too small to_carry the operating documents so an equivalent amount ofsafety can be achievedthroughkeepingthe operating documents and manuals atthe GCS. IV. UAS Pilotin Command (PIC) Under part § 61, recreational, sport and private pilots are limited to non-commercial operations, however Clear Dental can ensure UA operations will achieve an equivalent level of safety as current regulation because UA do not carry any pilots or passengers. A commercial pilot certificate will not ensure RC piloting ability, as the psychomotor skills are different. The inherent risks ofoperating a UAS are far less than in the commercial activities outlined in 14 CFR part 61, et seq., thus exemption is requested from § 61.101 Recreational Pilot Privileges and Limitations. PICs will maintain recent flight experience on the UAS. Training and experience flights will be conducted separate from commercial operations. V. PublicInterest Given the above stated evidence, procedures, and precautions operating UAS commercially for the purposes of aerial photography & videography, data collection, aerial wind turbine surveillance, aerial pipeline surveillance, commercial videos and other work related to aerial photography will ultimately be in the public interest. These operations, when executed withFebruary 3, 2016 Page 10 of 11
prudence, will exceed the current level of safety as the regulations from which exemption is sought. UA operations will allow greater access to commercial aerial services that were not previously economically feasible for many firms. This will provide a much needed economic uplift to the community and hence the public. UA operations are associated with less risk of collateral damage to persons and property while limiting disruptive noise pollution associated withlowaltitude aviation operations. 

### VI. Summary Pursuantto Section 333 ofPL 112-95 commonly known as the "FAAModernization and Reform Act of2012", Clear Dental, hereby applies for authorization to conduct commercial unmanned aerial systems (UAS) operations for the purposes of aerial photography & videography, data collection, aerial wind turbine surveillance, aerial pipeline surveillance, commercial videos and otherworkrelatedto aerial photography listings Rules for which exemptionis sought:



### • 14 C.F.R. Part21 SubpartH 

### • 14 C.F.R. 

### §45.23(b) 

### • 14 C.F.R. 

### § 61.101, 61.113 and 61.133(a)(l)(ii) 

### • 14 C.F.R. 

### §91.7(a) 

### • 14 C.F.R. 91.9(b) 

### • 14 C.F.R. 

### §91.103 

### • 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. 

### §91.215(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)February 3, 2016 Page 11 of 11



### VII. Attachments: Specific UA V manuals. a. 3D Robotics SOLO UserManual Thanks youfor yourprompt attention and consideration. Ourcompany and its clients are committedto safe UAS operation and ambassadors. Please do nothesitate to contactme directly with any questions orconcerns at561-362-9319.

ES/cam Enclosures Very truly yours, ClearDental

Thomas Orlando ClearDental 1020 HollandDrive Suite 102 BocaRaton, FL 33487