## D’AVION LLC

.

200 Jet Port Road

Brandon, MS 39047

601

- 936

- 0777

davionllc.com

info@davionllc.com

29 June 20 15

Mr. Janus Williams

Manager, Flight Standards Service

Unmanned Aircraft Systems Integration Office

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room w12

- 140

1200 New Jersey Avenue, SE

Washington, DC 20590

Dear Mr. Williams,

D’Avion, LLC, r espectfully requests an exemption from several provisions of Title 14 of the Code

of Federal Regulations (C.F.R

. ), specifically portions of 14 C.F.R. Parts 45 and 91, to permit the use

of a small fleet UA S’s for use in p recision agriculture aerial surveyin g, site inspection via video/

photography and patrolling, wildlife /nesting are a evaluations and forestry monitoring, public entity

support operations, real estate photography; inspections/patrolling/ m onitoring for the public

safety/entities pipeline s (gas/ oil/chemical), and communications industries ; aeria l photography and

videography ( architecture, land surveying ) , engineering

, television, public events, cinematography

and newsgathering ( and other related professional activities ) ; aerial inspection/photogr aphy of

residential/commercial structures; residential/commercial utility infrastructure; aerial video/

photography to assist wi th search and rescue operations and training for UAS operations; geo

phone/ geo spatial data collection, photography, infrastructu re inspection services, and disaster area

damage and debris assessments /aiding certain rescue operations such as locating snow avalanche

victims/flood/earthquake/other disasters/lost child/adult dementia; cellular/utility /antenna / power

line/ radio/water tow er /bridge inspections/ co mpound surveys and painting of same and other large

structures; educational/ academic uses; aerial imaging, photography, videography and p erform

c losed

- set motion picture and television filming and production

. D’Avion, LLC will ensur e

additional requirements required by the FAA will be met.

D’Avion LLC UAS will be an all

- environment, electric /gas powered, self

- launch, small multi

rotor/quad , double, or single rotor UAS platforms that, depending on camera/sensor payload, are

capable o f collecting images and location information to a Ground Control Station (GCS) and

conduct high

- resoluti o n p hotogrammetry or perform Light Detection and Ranging (LIDAR) data2 collection. If used for high

- resolutio n photographs or LIDAR data, our UAS will st ore the

photographs and imagery data onboard and make it availab le for download after completion of the

flight or via live stream depending on the configuration of the UAS . The UAS will have a maximum weight of less than 5 5 pounds including payload and a d iameter of 5 5 inches or less

. T he

UAS will be operated at a speed not exceeding 87 knots (100 miles per hour)

.

The UAS that D’Avion LLC utilizes will be electric /gas powered and will operate at an altitude of

no more than 400 feet ab ove ground level (AGL ). The UAS platforms will be operated within visual

line of sight (VLOS) of the PIC at all times by 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. T he UAS operations will utilize a visual observer when required (VO). The UAS will be

operating in tem peratures ranging from 14°F to 1 22°F. The UAS with use GLONASS and U.S.

GPS and two omni

- directional antenn as , a primary and a redundant backup. The VO an d PIC will

communicate verb ally at all times without the use of any electronic messaging or texting during

flight operations. The PIC will be designated before the flight and will not transfer his or her

designation for the duration of the flight. The PIC will ensure that the VO can perform the duties

required of the VO.

D’Avion LLC will ensure its PIC ’s of UAS hold either an airline transport, commercial, private,

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical

certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a

territory, a possession, or the Federal government. The PIC must also meet the flight review

requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot

certificate.

Granting an exemption is consistent with Congress' intent , as reflected in Section 333 of the FAA

Modernization and Reform Act of 2013, that safe systems be permitted i n the National Airspace

(NAS) prior to the issuance of final regulations governing g eneral use of these small

- unmanned

aerial systems.

FAA Modernization and Reform Act of 2012, Section 333

Section 3 33 (a) states that the FAA “ shall determ ine if certain un manned aircraft s ystems may

operate safely in th e national airspace system before completion of the plan and rul emaking

required by Section 332” . Section 333 (b) then lists several factors that should be considered in

determining which UASs would be eligible for expedited integration into the National Airspace

System (NAS). Specificall y UAS ’ s that “ as a result of their size, weight, speed, operational

capability, proximity to airports and populated areas, and operation within visual li ne of sight do not

create a h a zard to the users of the national airspace system or the public, or pose a threat to national

security”. I f a UAS meets the criteria laid forth in Section 333 (b), Section 333 (c) then gives the

FAA the authority to decide if an airworthiness certification as specified by Title 49 United States

Code, Section 44704 is even requi red for operation. Section 333 (c) specifically sta tes that the FAA

can determine “ whether a certificate of waiver, certificate of authoriz ation, or airworthin ess

certification under section 44704 of Title 49, United States Code, is required for the operat ion of

unmanned aircraft systems ”. Thus, the FAA has th e ability to allow a UAS that meets the criteria

put forth in Section 333 (b) to operate within the NAS w ithout an airworthiness certification as long

as the UAS does not pose any hazard or threat to t he NAS, public, and national security.

The primary function of the D’Avion LLC is to provide aerial im agery using interchangeable geo

refere nce still/video cameras via UAS . H igh

- resolution data generated from these cameras offers a3 w ide range of applicat ions in both agri culture and non

- agriculture aerial survey for thousands of

businesses in the above mentioned areas . The resulting imagery data, along with post

- processing

data analytics, helps lo cal farmers, for example, maximize crop yields, benefitting the economy and

the general public as well as benefitting numerous non

- agriculture businesses . The UAS can fly by

remote control or autonomously with advanced mission planning, and is launched on the spot with

no requirement for a runway. Once airborne, th e UAS wil1 fly at an altitude less than 400ft Above

Ground Level (AGL) over the designated plot /area . Prior to flight, the Pilot in Command (PIC) sets

a designated flight area and flight parameters to ensure that the UAS will remain within the confines

of the approved site, never exceeding 400ft. AGL. If onboard sensors detect a critical issue at any

time, such as a low bat tery state or loss of GPS signal , the UAS will immediately execute pre

progra mmed safety procedures and automat ically retu rn to the laun ch site or closer site as

determined by the PIC . The UAS sm all footprint and built in safety protocol is a much safer

alternative fo r aerial survey and pose a minimal hazard to the NAS or public.

The UAS will be flown in accordance with day Visual Flight Rules (VFR) and only in Visual

Meteorological Conditions (VMC) during daylight hours. The UAS will operate within 1 nautical

mile and Visual Line of Sight (VLOS) of the PIC (and the Safety Observer positioned next to the

PIC) at an altitude 400ft. AGL or l ess. The Safety Observer will be responsible for ensuring that

UAS remains within VLOS a t all times and will also as sist in spotting potential hazards

.

D’Avion LLC established the following operational limitations for their UAS flights over the

intended survey sites:

• UAS flights are only permi tted over designated areas listed in paragraph one above.

• The UAS will operate below 400 ft. AGL and not within 5 NM of an airport

The UAS will operat e within 1 NM and within VLOS of the PIC and Safety Observer.

• T he Safety Observer will be located next to the PIC and will ensure the aircraft remai ns

within the VLOS and as sist in spotting potential hazards

• The UAS wi ll operate in acc ordance with Day VFR and only in Visual Meteorological

Conditions during daylight ho urs

• The duration of each UAS Flight shall not exceed (2) hours

• All take off s and landings will occur on

- site

• UAS flights wi ll avoid direct over flight o f any office or maintenance buil dings located on

site except as noted above for mapping and/or photogr aphy of those areas

• All D’Avion LLC employees working on

- site will be thoroughly briefed on UAS operations

prior to operations commencing

• Any other workers in the work site will be notified of UAS operations prior to operations

commencing

• UAS operations wi ll be conducted by certified pilots as discussed above who have

completed D’Avion LLC UAS training

.

• UAS f lights will be cancelled in the event that any aircraft or ground control station

equipment is found to be inoperative or not fully functional

• If the PI C or Safety Observer observe a potential hazard, such as a manned aircraft within

close proximity to the designated flight area, the PIC will immediately land the UAS and

operations will only resume after the hazard is clear of the area

• All UAS maintena nce will be accomplished in accordance with the D’Avion LLC

Inspection and Maintenance Requirements

• Only one UAS will be airborne at any gi ven time for each designated site4 D’Avion LLC will be bound by these limitations for commercial fli ghts after FAA approval of the

exemptions laid forth in this petition. D’Avion LLC will also follow any guidance from the FA A in

accordance with Sec 333 (c) which states that after dete rmining if UA S meets the criteria for safe

operation that the FAA “ shall [also] establ ish requirement s for the safe operation of the” UAS in the

NAS.

Specific Sections of 14 CFR from which D’Avion LLC Seeks Exemption

Below are the sections from which D’Avion LLC seeks exemption, with specifics on th e extent of

relief sought, reason for relief, and why exemption would not adversely affect safety.

a. Part 21 Sub part H

- Airworthiness Certification

Part 21 Subpart H establishes the requirements for the issuance of an airworthiness certificate.

D’Avion LLC seeks complete exemption fro m P art 21 Subpart H pursuant w ith Section 333, which

authoriz es the FAA to exempt a UAS from the requirements of an airworthiness certificate based on

consideration of the following: size, weight, speed, and operational capability, proximity to airports

and p opulated a reas, and operation within VLOS. An equal level o f safety will be achieved with the

operational limitations established in this document for all D’Avion LLC UAS flights. Specifically

that all flights will occur within VLOS of the PIC and Safe ty O bserve at an altitude of less than 400

ft. AGL, and only over designated agriculture plots in remote and rural areas of the United States

and for us e in a erial photography, in CONUS state companies and as delineated in paragraph one

above . As a result the UAS can safely operate without creating a hazar d to any other aircraft,

people, or structures on the ground. The combination of the UAS safe operational history in United

States and small, lightweight design, in conjunction with D’Avion LLC’s safety requir ements and

operating limitations, results in a safer alternative for aerial imagery collection.

b. 91.7 (a)

- Civil Aircraft Airworthine ss

91.7 (a) states that “ no person may operate a civil aircraft unless it is in an airworthy condition”

. D’Avion LLC is already seeking exem ption for airworthiness certifi cation and thus no FAA

standard will exist for determining airworthiness. As a result D’Avion LLC seeks full exemption

fro m this regulation. D’Avion LLC will achiev e an equal level of safety by using D’ Avion LLC

Safety Manual, Standing Operation Manual , Maintenance Procedures and Guidelines, and the Flight

Operations and Training Manual, User Manual and Inspection and Maintenance Requirements

Manual . Our documentation contains pre

- flight protocols for ea ch flight, safety check s, and

comprehensive maintenan ce procedures.

c. 91.9 ( b)

- Civil Aircraft Flight Manual i n the Aircraft

91.9 (b) states that no person may operate an aircraft unless there is a current approved flight

manual for the aircraft onbo ard. The UAS small and lightweight design is not physically capable of

carryin g an ai rcraft flight manual onboard. I n addition, the UAS are un m anned, an d the PIC is

located at the groun d control station. D’Avion LLC thus seeks exemption from the requiremen t to

carry the aircraft flight manual onboard. D’Avion LLC instead proposes that the UAS Safety

Manual, Standing Operation Manual , Maintenance Procedures and Guidelines, and the Flight

Operations and Training Manual , which contain information normally fou n d in an aircraft flight

manual, be kept at the ground control station where it is readily assessable to the PIC and Safety

Observer for reference.5 d. 91.103

- Preflight Action

91.10 3 requires that the PIC be famili ar with specific inform ation before eac h flight such as

weather, forec ast, and fuel require m ents. In addition to this the PI C must be familiar with

information found within the approved flight man u al relating to aircraft perform ance and takeoff

and landing distances. Due to the fact that the UA S have no FAA approved flight manual D’Avion

LLC seeks exemption from this regulation. D’Avion LLC proposes to use the UAS User Manual

Safety Manual, Standing Operation Manual , Maintenance Procedures and Guidelines, and the Flight

Operations and Training M anual and i n lieu o f an FAA

- approved flight manual these UAS

publications have extensive pre

- fli ght checklists that include rev iewing weather, power/battery

requirements, takeoff and landing, and aircraft performance data

. The information found in these

UA S m anual is comparable to the information found in a FAA

- approved flight manual, to include a

comprehensive step

- by

- step pre

- flight checklis t. As a result an equal level o f s afety will be

maintained by the PI C using manuals which addresses the items listed in 91.103.

e. 91. 119

- Minimum Safe Altitude

The 91.119 establishes the minimum altitude that civil aircraft may safely operate at. 91.119 (c)

specifically states that over “ other than congested areas” a civil ai rcraft cannot operate below an

“ altitude of 500 feet above the surface, except over open water or sparsely populated areas (and) in

those cases, the aircraft may not be operated closer than 500 feet to any person , vessel, vehicle, or

structure”. The sole premise o f the D’Avion LLC UAS is to fly a t low a ltitudes over agricultural

plots; which can be categorized as; “other than congested area ,” as well as low flights over

structures as delineated in paragraph one above . Small UAS are, by design, flown at altitudes of less

than 400 ft. AGL. D’Avion L LC has established operating limitations to achieve the highest level of

safety, specifically that the our UAS will not operate above 400 ft. AGL and that our UAS will

remain within VLOS of the PIC and Safety Observer. For these reasons D’Avion LLC seeks

e xemption from this regulation. An equivalent level of safety will be maintained by only operating

the UAS over designated farming sites and other sites as discussed in paragraph one above.

f. 91.121

- Altimeter Settings

91.121 requires aircraft to mainta in a cruising level or flight level in reference to a current reported

altimeter setting. The D’Avion LLC UAS ’s are not equipped with programmable altimeter but

rather determines location and altitude via an onboard GPS and barometer. Since the UAS will be

operating belo w 400 ft. AGL, there is no need to maintain hemispherical cruising altitudes for de

confliction with manned aircraft. For these reasons D’Avion LLC seeks exemption from this

regulat ion. An equal level of safety “w ill be achieved through the UAS GPS and barometer, which

provide altitude and location data to the PIC via the ground control station. An automatic pre

- flight

test is done t o v erify functionality of the GPS and barometer prior to operations. If at any time

during flight there is a fa ilure of the GPS or barometer, the UAS will initiate an emergency

procedure to return to its original takeoff location. By operating below 400 ft. AGL, the UAS will

not create a hazard to any manned aircraft mainta ining hemispheric cruising altitudes based on a current altimeter setting.

g. 91.151 (a) Fuel Requirements for Flight in VFR Conditions

The 91.151 (a) states that no person may begin a flight in Day VFR conditions unless there is

enough fuel to fly t o the intended landing point and fly for 30 minutes after that point is reached.6 Compliance with the regulation would leav e the UAS less than 15 minutes of f light time. D’Avion

seeks full exemption from this reg ulation due to the fact that the risk or danger associated with

failing to reach a safe landing point with 30 minutes o f extra “fuel” does not exist with the current

UAS platform . The UAS does not have to return to a “landing point” b ut rather can be safely put

down anyw here over an agricultural plot or field/areas in the area of operation.

An e qual level of safety will be main tained simply by the fact that t he UAS platforms are designe d

to safely land anywhere over an agricultural plot or field/areas in the area of operation in the event

that the battery is exhausted. Any risk associated wi th battery or fuel dura tion in relationship to

fl ight time is mitigated by the fact that UAS has the ability to land anywhere and at any given time.

h. 91

. 203 (a) & (b)

- Civil Aircraft: Certifications Requirements 91.203 requires a ll civil aircraft to

h ave “within it . . . an appropriate and current airworthi ness certificate” that must be “ displayed at

the cabin or cockpit entrance so that i s legible to passengers or crew”

. D’Avion is already seeking

exemption from the airworthiness certificate regulatio n and thus requires an exemption from this

regulation. In addition the UAS due to their size and design have no cabin or cockpit, and therefore

do not have the ability to aff ix or carry certification or regist ration documents. Furthermore the

UAS do not ca rry any passengers or crew for whom the certificate is required to be displayed.

D’Avion LLC proposes t hat any FAA

- required documents b e kept at the ground control station and

that a small placard be affixed to the UAS w ith manufacture, registration, and c ontact information.

An equal level of safety will be achieved by having any FAA

- required documents located at the

ground control station where it will be readily accessible to the PIC and any other agencies that may

require the information.

Gr anti ng an E xemption that is in the Public s Interest

The UAS ’S that D’Avion flies are a safe, efficient, and an economica l alternative to manned, fixed

wi ng aircraft that are currently being used to conduct aerial imaging of agricultural plot or

field/areas in the a rea of operation . Using an UAS in lieu of a trad itional manned, fixed wing

aircraft will result in the overall reduction of low

- flying manned aircraft in the NAS, thereby ea sing

the burden on Air Traffic Controllers. Because the UAS can take off and land o n

- s ite and operate at

an altitude u nder 4 00ft AGL within VLOS of the PIC the re is n o need for A TC to provide

coor dination during ground movement , takeoff, departure, transit, arrival, or landing phases of

flight. As the skies over the United States get bus ier and busier, any efforts that ca n ea se the st ress

on the Air Traffic Control system is of benefit to the public. The UAS ’s that D’Av ion LLC uses are electrically powered, which decreases air pollution and noise. The electric motor will be

exponentially quieter than a twin

- engine combustion motor on passenger aircraft typica lly used to

conduct aerial imaging. A manned air craft typically burns 20

- 30 lbs. of fuel per hour, polluting the

air not only over the site but also over the path of transit and around the airport. Conducting aerial

imaging with the UAS in lieu o f a manned aircraft would thus greatly reduce both air pollut ion and

noise pollution , which is of great benefit to the public.

Using the UAS would also greatly reduce risk to life and property on the ground. The D’Av ion LLC

fleet of UAS ’s is a small size, reduced weight, and pose little hazard to people or structures on the

ground as compared to a manned t win engine aircraft, which has a much greater potential for

damage to life and property in the event of an accident. The UAS is unmanned a nd as a result poses

no risk associated with pil oting an aircraft.

Overall the UAS provide a much safe r alternative to manned, fixed

- wing aircraft operations for the

purpose of collecting aerial imagery.7 Lastly using the D’Avion LLC fleet of UAS to prov ide ae rial imagery as delineated in paragraph

one above would resu lt in not only growth in both agricultural, economic areas, but also in the other

businesses and areas listed in paragraph one above . High

- re solution data generated from UAS

flights would provide (as an example) scientists , businesses, state, county, and city governments a

wealth of invaluable information on biomass estimation, yield monitoring, leaf ar ea indexing, and

overall crop health as we ll as provide a valuable service for those the other businesses listed. By

analyzing thi s data scientists /farmers can make modifications to a wide range of variables that will

maxi mize crop yields as well as make informed decisions based on imagery provide d . The major

increase in economic growth in the agricultural industry and business type entities mentioned in

paragraph one above would energize the U.S. economy, which in turn would be of great benefit to

the public.

The D’Avion LLC UAS fleet that we ar e requesting exemptions for are named below and

specifications are on Appendix G

.

§ DJI Phantom 3 Pro

§ CHROMA W/4K C

- GO3, ST

- 10

§ 3DR Solo Plus Quadcopter

§ Q500 Typhoon Quadcopter

The following appendices are submitted as LOA, manu als/lists, programs, disclai mers, updates

concerning the D’Avion LLC fleet and are attached as Appendix A, B, C, D, E , F, G, H, I, J, K, and

L as delineated below . These manuals are submitted as confidential documents pursuant to 14

C.F.R. § 11.35(b), as the materials contain confide ntial commercial and/or proprietary information

that D’Avion LLC has not and will not share with others. Additionally, these documents contain

operating conditions and procedures that are not generally available to the public and are protected

from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq. All operations of the

additional UAS will be in full compliance with the terms of the Exemption.

The D’Avion LLC UAS Aircraft Flight Manual s and UAS Operations Manual s are attached as

Appendix D . These manuals are submitted as confidential documents pursuant to 14 C.F.R. §

11.35(b), as the materials contain confidential commercial and/or proprietary information that

D’Avion LLC has not and will not share with others. Additionally, these documen ts contain

operating conditions and procedures that are not generally available to the public and are protected

from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq. All operations of the

additional UAS will be in full compliance with t he terms of the Exemption.

In accordance with the procedural requirements of 14 C.F.R. §11.81, D’Av ion LLC provides

the following information regarding our point of contact:

Carl R. Davis

, M ember, D’Avion LLC

200 Jet Port Road

Brandon, MS 39047

601

- 93 6

- 07778 Please contact me directly with any questions regarding this request for exemption.

Best r egards,

Carl R. Davis

M ember , D’Avion LLC9 ACRONYMS/ABBREVIATIONS FOR D’AVION LLC

AC Air Craft

AGL A b ove Ground Level

AOI Area Of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFI Chief Flight Instructor

CFR Code of Federal Regulations

COA Certificate of Authorization

DME Distance Measuring Equ ipment

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FC Flight Controllers

FMRA Modernizati on and Reform Act of 2012

GCS Ground Control Station

GLONASS Global Navigation Satellite System

GPS Global Positioning System

LIDAR Light Detection and Ranging

LLC Limited Liability Company

LBS Pounds

LOL Loss Of Link

MPH Miles Per Hour

NAS National Airspace System

NM Nautical Mile

NOTAM Notice To Airm en

PAC Pilot at C ontrols

PIC Pilot in Command

RTL Return to Landing

SO Safety Observer

SOP Standard Operating Procedures

SPECS Specifications

TRL Technology Readiness Level

UA Unmanned Aircraft

UA S Unmanned Aircraft System

UAV Unmanned Aerial Vehicle

VLOS Visual Line of S ight

VFR Visual flight Rules

VMC Visual Meteorological Conditions

VO Visual O bserver

VTOL Vertical Takeoff and Landing10 APPENDIC ES

D’Avion LLC Safety Manual Appendix A pg 1 1

D’Avion LLC UAS User Manual Appendix B pg 17

D’Avion LLC Standing Operation, Maintenance Procedures and

Guidelines Appendix C pg 21

D’Avion LLC Flight/Oper ations and Training Manual Appendix D pg 32

D’Avion LLC M odel Updates Appendix E pg 44

D’Avion LLC Aircraft Flight Manual Appendix F pg 45

D’Avion LLC UAS Fleet and Description List Appendix G pg 5 9

D’Avion LLC UAS Manufacturer Disc laimers Appendix H pg 6 2

D’Avion LLC UAS DJI Phantom 3 Pro Quick Start Manual Appendix I pg 68

D’Avion LLC UAS CHROMA Quadcopte r Quick Start Manual Appendix J pg 69

D’Avion LLC UAS 3DR SOLO Quick Start Manual Appendix K pg 70

D’Avion LLC UA S Q500 Typhoon Quick Start Manual Appendix L pg 71