September 9, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590
Re: **Exemption Request Section 333 of the FAA Reform Act** To Whom It May Concern: We are filing this petition p ursuant to Section 333 of the FAA Modernization and Reform Act of 2012, and 14 C.F.R. Part 11, Dallas Drone Company, LLC, a Texas based limited liability company, operating a Small Unmanned Aircraft System(sUAS) equipped to conduct aerial photog raphy . Dall as Drone Company hereby applies for an exemption from the Federal Aviation Regulations listed below to allow operation of our sUAS commercially in airspace regulated by the Federal Aviation Administration, so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333. The requested exemption would permit Dallas Drone Company to pursue its commercial interests in providing services to consumers interested in aerial photo graphy captured using a small advanced sUAS in the following areas:

- Real Estate Photography

- Residential Aerial Photography

- Commercial Aerial Photography

- Land Surveying and Mapping Dallas Drone Company states that all sUAS flights that will occur over private or controlled access property will do so with the property owner’s prior consent and knowledge and that only people who have consented or otherwise have agreed to be in the area where photography and videography will take place will be capture d in an identifiable form
. **Regulations from which the exemption is requested:**

- 14 CFR Part 21 Subpart H

- 14 CFR 45.23(b)

- 14 CFR 45.29

- 14 CFR 61.113(a)(b)

- 14 CFR 61.133

- 14 CFR 91.7(a)

- 14 CFR 91.9 (b)(2)- 14 CFR 91.109

- 14 CFR 91.119

- 14 CFR 91.121

- 14 CFR 91.151(a)

- 14 CFR 91.203(a)(b)

- 14 CFR 91.401
- 91.417 Small Unmanned Aircraft System (sUAS) sUAS are a feasible method to obtain aerial photography and videography functions more safely and effectively than other methods. These methods w ould eliminate the need to use helicopters and other full

- scale aircrafts that would be operating above the Class A airspace for the application that Dallas Drone Company would be needing. We are petitioning for exemption to enable Dallas Drone Company to operate a DJI Phantom 2 and Phantom 3 multi

- rotor equipped with a three

- axis gimbaled camera. These sUAS both weigh less than 55 lbs, both have a built

- in capability to limit the height flown above the ground and to limit the radius of the distance flown from the operator and to exclude the sUAS from Class B, C, and D airspace including a no fly zone feature. Each system also has the failsafe function of the autopilot system, which means that when the communication between the Main Controller and the trans mitter is lost, the system will automatically trigger Return to Home and will land safely at the original home point that was established at the launch point. Each Dallas Drone Company sUAS utilizes four counter

- rotating propellers for balance, control an d stability in all segments of flight. Each craft weighs less than 55 pounds . Each sUAS is designed to primarily hover in place and operate less than a 50 knot maximum speed. They are capable of vertical and horizontal operations but operate only within th e line of sight of the remote control pilot. We respectfully request exemption under Section 333 to enable Dallas Drone Company to operate safe, low

- risk commercial sUAS operations for the activities stated. Dal las Drone Company, at all times , will respect the space and privacy of citizens and property while keeping our skies safe. Sincerely, 

# James B. Davis J ames B. Davis Director of Operations Dallas Drone Company, LLC 1700 Cedar Springs Suite 1908 Dallas, Texas 75202 214
-417
- 2123Exemption Requests and Equivalent level of safety

Dallas Drone Company requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the sUAS system. **14 CFR Part 21, Airworthine ss certificates**  Section 91.203(a)(1) requires all civil aircraft 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)(1). Given the size of the aircraft and the limited area associated with its utilization it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safety standards. Su ch 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 requirement for an airwo rthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved. In this case, an analysis of these criteria demonstrates that Dallas Drone Company’s sUAS opera ted without an airworthiness certificate, under the conditions proposed herein, will be at least as safe as or safer than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The sUAS will remain less than 55 pounds, they will not carry passengers, pilots, cargo, flammable fuel, and will operate exclusively in an area pre

- disclosed and in compliance with conditions set forth herein. Operations under this exemption will be tightly controlled and monitored by both the operat or, pursuant to the conditions set forth above, and by local public safety requirements. The FAA will have advance notice of all operations through the filings with the FSDO. Receipt of the prior permission of the land owner, or controlling authority, th e size of the aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level of safety. The sUAS construction with absorbent materials provides at least an equivalent level of safety to that of such operations being conducted with conventional aircraft that would be orders of magnitude larger and would be carrying passengers, cargo and flammable fuel. **14 CFR 45.23 Display of marks; general and 45.29 Size of Marks** The regulations require that each aircraft must display “N” and the aircrafts registration number in letters at least 3 inches 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 sUAS 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 FA. We propose to achieve an equivalent level of safety by marking the top of the UAS with the word “Experimental” so that those in close proximity to the aircraft while it is preparing to launch will be able to see said designation. Additionally at the controlling ground location we shall display with flag or banner that contains the words “Unmanned Aircraft Control Station” in letters 3 inches high or greater. Since the aircraft will be operating within visible distance at all times, the banner should be visible to anyone whom might see the aircraft and want to investigate its point of origin.**14 CFR 61.113 Private pilot privileges and limitations: Pilot In Command and 61.133 Commercial pilot**

**privileges and limitations.** The regulation provides that no person that holds a Private pilot certificate may act as pilot in Command of an a ircraft 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; and (2) The aircraft do es not carry passengers or prop erty for compensation or hire. Since our sUAS can not carry passengers, cargo, or even a pilot, we feel we meet the intent of 61.113 subparagraph (b) even though the intent of our application is to conduct business. **14 CFR 9 1.7 Prohibits the Operation of an aircraft without an airworthiness certificate.**  No such certificate will be applicable in the form contemplated by the FARs, this regulation is inapplicable. **14 CFR 91.9 Civil Aircraft flight manual, marking, and placard r equirements.**  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 on the basis that the aircraft is both too small to carry documentation and if it were able to carry the documentation it would not be available to the crew during flight operation s as the flight operators/crew will be located at the ground control location. To obtain an equivalent level of safety and meet the intent of 91.9 we proposed that a current approved sUAS Flight Manual must be available to the crew at the ground station a nytime the aircraft is in, or preparing for, flight. **14 CFR 91. 109 Flight Instruction; Simulated instrument flight and certain flight tests.** The regulation states that “No person may operate a civil aircraft that is being used for flight instruction unle ss that aircraft has fully functioning dual controls.” The sUAS system ground

- based control station consists of a small hand held radio transmitter and while it does not offer a second set of “controls”, both the student and instructor can, and will, operate the single set of controls 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. **14 CFR 91.119 Minimum Safe Alti tudes: General.**  The regulation states that over sparsely 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 photography or surveys of persons, ve ssels, vehicles, and structures it would be necessary to operate closer than 500 feet of the aforementioned items. Operations will only be flown over property or persons where permission has been obtained and careful pre planning has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the ground below. Therefore we maintain that due to the small size of the UAS, the hazards to persons, vehicle s, and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.**14 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 AGL 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 transmitted via radio from the sUAS on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout ensuring an equivalent level of readings and therefor an equivalent level of safety. **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 th e intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAS are battery operated and the maximum duration of the flight from a single battery charge is 12
– 27 minutes (depending on the type of sUAS) wi th a 20% reserve. Since the aircraft will never fly more than1/2 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirements of this paragraph. We request an exemption to the word “fuel” and ask for an equivalent interpretation with the term “energy”. We also request an exemption from the 30 minute reserve and ask that our reserve will be to fly the mission to the point of intended landing and have at least a 20% reserve after that.
**14 CFR 91.203(a) & (b) civil aircraft: Certifications required.**  The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subpara graph (b) provides that the airworthiness certificate be “displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.” Even with our largest vehicle , at a maximum gross weight of 5 pounds, the sUAS is too small to carry documen tation, does not have an entrance, nor is it 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 will be co

- located with t he crew at the ground control station and available for inspection found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word “experimental” to satisfy the requ irement of 14 CFR 45.23. **14 CFR Subpart E (91.401 -**  **91.417) –**  **Maintenance, Preventative Maintenance, Alterations.** The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including complianc e with part 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. It is our intention that the PIC perform maintenance and inspection of t he aircraft and “be authorized to approve the aircraft to return to service.” The PIC will ensure that the aircraft is an airworthy condition prior to every flight and in addition, conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections, and updating the software and the firmware forthe 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 an equivalent level of safety.