THE FRUTKIN LAW FIRM, PLC 

15205 N. KIERLAND BLVD., SUITE 200 

SCOTTSDALE, ARIZONA 85254 

(602) 606-9300 

James M. Arrowood, Esq. 

arrowood©frutkinlaw.com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave. S.E. 

Washington, D.C. 20590 

July 7, 2015 

Regulatory Docket No. __________ ____ _ 

Dear Sir or Madam: 

I am filing this Petition for Exemption on behalf of my client, Drone View 

Imaging, LLC. My contact information is as follows: 

James M. Arrowood, Esq. 

The Frutkin Law Firm, PLC 

15205 N. Kierland Blvd., Suite 200 

Scottsdale, AZ 85254 

Main: 602-606-9300 

Direct: 

Facsimile: 

Email: 

602-606-9326 

602-606-9327 

arrowood®frutkinlaw .com 

Introductory Summary. 

DroneView Imaging, LLC ("DVI"), an owner and proposed operator of Small 

Unmanned Aircraft Systems ("sUAS"), pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.P.R. Part 11, files 

this Petition for exemption from the listed Federal Aviation Regulations ("F ARs") to 

allow commercial operation of its sUAS, so long as operations are conducted such that 

there is a public benefit and those operations are within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. DVI is 

equipped to conduct aerial inspections of utility infrastructure; movies (closed set 

motion picture and television filming and production) and videography; news 

gathering; SWAT and law enforcement operations; farm, agriculture and conservation 

inspections; and fire and rescue services. 

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I. Basis for Petition. 

This Petition for Exemption is submitted in furtherance of Congress' goal in 

passing Section 333(a) through (c) of the Reform Act, which is for the FAA "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace 

system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to 

consider whether certain unmanned aircraft systems may operate safely in the National 

Airspace ("NAS") before completion of the formal UAS rulemaking, based on the 

following considerations: 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; 

and 

• Operation of the UAS within the visual line of sight of the operator. 

If the Secretary determines that such vehicles "may operate safely in the National 

Airspace System, the Secretary shall establish requirements for the safe operation of 

such aircraft in the National Airspace System". Additionally, the FAA Administrator, 

under the Federal Aviation Act, has express authority to grant exemptions from its 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. This statutory authority, by its terms, includes 

exempting civil aircraft, as the term is defined under 40101 of the Act, from the 

requirement that all civil aircraft must have a current airworthiness certificate and from 

regulations regarding commercial aircraft. 

A party requesting an exemption must explain the reasons why the exemption: 

• Would benefit the public as a whole, and 

• Would not adversely affect safety (or how it would provide a level of 

safety at least equal to the existing rules). 

DVI hereby requests an exemption based upon the following: 

II. Considerations for Auuroval Under Section 333 of the Reform Act. 

The operations proposed in this petition for exemption qualify for expedited 

approval under Section 333 of the Reform Act. As explained herein, each of the 

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statutory criteria and other relevant factors are satisfied. DVI's proposed operations 

consist of the use of small UAS's under controlled conditions in airspace that is: (1) 

predetermined; (2) controlled as to access; and that (3) provides an increased level of 

safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the 

same purpose. 

DVI' s submission requests that the Administrator not only process its application 

for exemptions under Section 333, but for the Administrator, if he deems the conditions 

proposed herein require modification in order to allow approval, to supply conditions 

for the safe operation of the sUAS by DVI. 

DVI uses multirotor or airplane style sUAS's that weigh less than 55 pounds, 

including payload. They will operate under normal conditions at speeds not exceeding 

50 mph. The multirotor sUASs' have the capability to hover and move in the vertical 

and horizontal plane. Further, DVI's sUAS's will operate only within line of sight, 

during daylight hours and only within existing and proposed FAR's. DVI will operate 

at or below 400 feet AGL and will file a NOT AM for each flight operated in controlled 

airspace that is required. DVI will only use currently licensed manned pilots as Pilots in 

Command of their sUAS. Finally, all required permissions and permits would be 

obtained from territorial, state, county or city governmental agencies prior to operating 

asUAS. 

Given the small size of the sUAS's involved and the controlled environments 

within which they will operate, DVI' s exemption usage request falls within the 

equivalent level of safety in which Congress desired the FAA to permit commercial 

UAS operations by exemption pending completion of formal rulemaking. Also, due to 

the size of the sUAS's and the controlled areas in which DVI's sUAS's will operate, 

approval of the application presents no hazard in the National Airspace System. 

Considering the clear direction in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended, the equivalent level of safety 

surrounding the proposed operations, and the significant public benefit, the grant of the 

requested exemptions are also in the public interest. 

The requested exemption will provide an equivalent level of safety, as Congress 

intended, while still allowing commercial operations. The lightweight aircraft covered 

by the exemption are far safer than conventional operations conducted with helicopters 

and fixed-wing aircraft weighing thousands of pounds and carrying highly flammable 

fuel, and operating in close proximity to the ground, power lines, transmission towers, 

pipelines, structures and people. The seven factors Congress directed the FAA to 

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consider when approving Section 333 exemption petitions are: 

• size; 

• weight; 

• speed; 

• operational capability; 

• proximity to airports; 

• proximity to populated areas; and 

• operation within visual line of sight. 

Each of the above seven factors support this Petition. In particular, the uUSAs are 

small, and will operate at slow speeds and close to the ground in order to more safely 

and efficiently conduct inspections that would otherwise involve a risk of injury or 

death to inspectors. The substantial increase of safety and decrease of risk to human life, 

coupled with the low risk of sUAS to conduct these inspections, weighs in favor of 

granting the exemption. 

III. Public Interest and Safety. 

The intended sUAS operations contemplated by this petition are in the public 

interest because they replace work that is dangerous, difficult, dull, or dirty, and at the 

same time provide an equivalent or greater level of safety than alternative manned 

aircraft operations, as explained below: 

A. Inspections. 

If an exemption is granted, DVI intends to use its sUAS to increase safety while 

inspecting power lines, transmission towers, pipelines, solar and wind farm inspections 

as well as while inspecting power generation plants and their ancillary operations. DVI 

believes this planned use is in the public interest. 

sUAS are significantly safer than manned aircraft for these types of inspections. 

When manned aircraft conduct these inspections, the pilot's attention is divided 

between conducting the inspections and flying the aircraft safely in the larger amount of 

airspace required by manned aircraft. There are many examples of accidents under this 

profile. Secondly, sUAS are less expensive and quicker to deploy than conventional 

aircraft with significant support personnel and equipment. The proposed operations 

provide a greater level of safety for the inspectors and the pilots because they are not 

subject to the dangers to passengers and pilots associated with manned aircraft during 

the inspections. Furthermore, if there is a dangerous problem with what is being 

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inspected, the inspector does not have to be close to the line, tower or pipe that is the 

source of the danger. DVI's sUASs will collect high-resolution still photographs, 

infrared and ultraviolet spectral images and will use the Lidar system, as well as other 

software modeling systems to create surface elevation models and digital elevation 

models in ways that are impractical or impossible for manned aircraft, thus providing a 

valuable public service for inspections and research. 

B. Movies and Videography. 

DVI uses state of the art digital cameras to shoot expansive and extreme radical 

views. The sUAS holds up to rigorous conditions and provides a level of safety during a 

shoot that cannot be matched by manned aircraft. Hazards are reduced due to the size 

and weight of the sUAS. These reductions of hazards are clearly in the public interest. 

In the event applicant wishes to conduct flights for closed set movie production 

pursuant to this Exemption request, the Applicant will obtain a waiver for Motion 

Picture Television Filming pursuant to FAA Form 77-11-1 and will prepare the required 

MPTOM (Motion Picture Television Operating Manual). 

C. News Gathering. 

Each news gathering assignment requires a different shot or setup of a scene. The 

safety of shooting over a news event exceeds any traditional helicopter or fixed-wing 

solution. The sUAS can operate away from the public and structures, while providing a 

level of safety in close proximity to the event. 

D. SWAT and Law Enforcement. 

Rapidly deployed sUAS can provide law enforcement with real-time situational 

awareness, tactical support and accident response, the full scope of which is just now 

being explored. DVI's sUAS video and sensor capabilities can provide assessment of a 

potential threat, take pictures of crime scenes or use FUR technologies to find hidden 

threats. For instance, the recent prisoner escape in New York provide an example where 

such technology could be deployed to search dense forest areas using heat sensors, 

thereby providing a valuable asset for law enforcement. DVI believes the public interest 

is served by the use of sUAS in law enforcement operations. 

E. Farms, Agriculture and Conservation. 

DVI can operate FLIR digital cameras for analysis and study of crops, fields and 

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land tracts, which may include forestry, geomorphology, hydrology and habitat 

restoration. This information provides invaluable data for natural resource based soil 

and land analysis and management. With the ability to analyze topography and assess 

water usage, soil and drought management efficiency is increased dramatically. This 

data has wide-ranging scientific applications and provides a framework for resource 

management and precision agricultural management, especially in light of severe 

drought conditions in Western States, including recently, California. DVI's use of sUAS 

to study these developments and increase knowledge in these areas provides for the 

public good. 

F. Fire and Rescue. 

sUAS's perform dramatically better than humans in extreme situations, where 

dangers to life and limb impact capabilities during these types of operations. By using 

FLIR technology on digital cameras mounted to the sUAS, safety is greatly increased 

when identifying potential hot spots and flare-ups in fires in a timely manner with this 

technology. Keeping first responders and mission critical personnel out of harm's way 

is key to the public interest and is enhanced by DVI's use of sUAS in these situations. 

The tragic loss of 19 firefighters in Arizona's 2013 Yarnell fire is one example where this 

technology may have saved lives had it been available. DVI, as an Arizona company, is 

deeply interested in exploring these types of public safety uses to prevent future 

tragedies. 

IV. DVI Flight Operations & Technical Specifications. 

In order to achieve its multiple objectives in the most efficient manner for the 

public benefit, DVI has multiple sUAS that have specific capabilities that may be better 

for one application over another. Because of the multiple models, and because upon 

information and beliet the FAA has already accepted and ruled upon the airworthiness 

of all of the sUAS that DVI intends to operate as listed below, DVI, in the interest of 

efficiency for the FAA review process, has not repeated the specifications for each of 

these already approved models of sUAS here. If requested, DVI will be happy to 

supplement this Petition for Exemption with such information if necessary. 

V. Exemption Request. 

DVI seeks exemption for the operation, pursuant to this Petition for Exemption 

to the Reform Act and any permission granted thereby, to operate the following sUAS 

models in accord with the technical specifications for each device as provided by the 

manufacturer, and as permitted by any Exemption that is granted: 

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• DJI 900s 

• DJI 1000s 

• DJI phantom series 2 and 3 

• DJI phantom series 2 and 3 with additional technical payload 

• Inspire 1 series 

• Inspire 1 with additional technical payload 

• 3DR solo 

• 3DR X8 and X8M with additional technical payload 

Upon information and belief, the FAA has already granted 333 Exemptions for the 

airworthiness and technical specifications of the above models of sUAS. 

A. Flight Conditions. 

The sUAS listed in section V herein will be flown in airspace under 400ft. above 

ground level (AGL) and under controlled conditions over property that is approved for 

flight and inspections. DVI operations will be monitored by their clients and work with 

local FSDO when appropriate. DVI will only operate in VFR or MVFR conditions in the 

appropriate airspace and DVI will work with the appropriate agencies to coordinate 

flight when applicable thru the COA exemption process. 

B. Weather Limits. 

The sUAS will not operate when cloud or weather conditions impinge upon 

DVI's ability to operate within the parameters of this exemption. 

C. DVI's Responsibilities for Deployments. 

DVI will be responsible for maintaining and inspecting the sUAS to ensure safe 

flight and will conduct preflight inspections and flight planning for each sUAS flight 

conducted pursuant to this exemption, if granted. 

D. Privacy. 

There is little concern that the flights will cause invasions of privacy because 

DVI' s flights conducted pursuant to the requested exemption will occur over public 

utilities, private land with permission of the owner, or over structures and buildings on 

public or private rights of way, however, when necessary, notice will be posted for 

parties in the vicinity of such flights. When the sUAS is being flown, the onboard 

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cameras will be pointed on the pipeline or overhead wire, the relevant buildings or 

structures or the inspection component, and thus turned so as to be facing away from 

any structures or identifiable individuals that may be in the area to minimize 

inadvertent video or still images of uninvolved persons or property. All electronic 

photo data collected will be for private use only and will not be distributed through 

public channels. If such data is later made available for public view, all images 

containing uninvolved persons will be blurred or blacked out. No attempt will be made 

to identify any individuals filmed during the flights except in cases where they are 

trespassing upon or damaging customer property, or interfering with the applicant's or 

its customers' property or operations. 

E. Aircraft Level of Safety. 

DVI proposes that the 333 exemption requested apply to civil aircraft that have 

the same characteristics and that operate within the limitations listed in this document. 

We believe these limitations provide a framework of at least an equivalent or higher 

level of safety compared to manned flights under the current regulatory structure. 

The limitations to be followed by DVI when conducting commercial operations 

pursuant to any FAA issued exemption include; 

1. Total weight will be below 55lbs. (11.5kg); 

2. Flights will be conducted at speeds less than 50 mph. 

3. Flights will be operated within the line of sight; 

4. PIC has at least the appropriate training, ratings, current medical 

certificate and documentation for the mission. The PIC is also 

current in category and class ratings; 

5. Maximum total flight time will result in no less than 20% battery 

reserve; 

6. Flights will be operated at an altitude no greater than 400 AGL; 

7. Flight crew will consist of at least the PIC operator and when 

appropriate a visual observer will be present and tasked with 

operational safety principles related to the mission; 

8. Standard pre-flight briefings will utilize the framework of 91.213 

(inoperative instruments), 91.1033 (checklists, charts and 

emergency procedures) and 5-1-1 of the AIM (preflight 

preparation) as well as any additional pertinent reference materials 

provided by the manufacturer of the U A V and relevant to the USV 

and the mission; 

9. DVI will submit appropriate paperwork to the agency (FSDO) 

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responsible for the airspace or jurisdiction as required by the 

mission; 

10. Pilot and observer will be able to communicate by voice during the 

mission; 

11. Permissions and permits will be obtained from state, county, city or 

territorial jurisdictions, including but not limited to local law 

enforcement, fire or other appropriate governmental agencies as 

applicable; 

12. Permission will be obtained from private property owners over 

whose private property the UAV may be operated; 

13. Loss of flight control of the UASs triggers a failsafe protection that 

will fly the ship RTB automatically; 

14. DVI believes the approvals requested by this petition present no 

national security issues. 

VI. Regulations from which Exemption is requested. 

• 14C.P.R.Part 21; 

• 14 C.P.R. 45.23(b); 

• 14C.P.R.61.113(a)&(b ); 

• 14C.P.R.91.7(a); 

• 14 C.P.R. 91.9 (b)(2); 

• 14 C.P.R. 91.103; 

• 14 C.P.R. 91.109; 

• 14 C.P.R. 91.119; 

• 14 C.P.R. 91.121; 

• 14C.P .R.91.151(a); 

• 14C.P .R.91.203(a)&(b ); 

• 14C.P .R.91.405(a); 

• 14 C.P.R. 407 (a) (1); 

• 14C.P.R.409(a)(2); and 

• 14C.P.R.417(a)&(b) . 

A. 14 C.P.R. 21(h); Airworthiness Certificates. 

DVI requests exemption from the requirements for airworthiness certificates. 

21.175, Airworthiness certificates: classification. 

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(a) Standard airworthiness certificates are airworthiness certificates issued for 

aircraft type certificated in the normal, utility, acrobatic, commuter, or transport 

category, and for manned free balloons, and for aircraft designated by the FAA 

as special classes of aircraft. 

(b) Special airworthiness certificates are primary, restricted, limited, lightsport, and provisional airworthiness certificates, special flight permits, and 

experimental certificates. 21.175 Airworthiness certificates: classification. 

The FAA, pursuant to these regulations, does not provide a framework for the 

aircraft type as small-unmanned aerial systems, however an exemption can provide for 

the equivalent level of safety due to the small size, lightweight and slow speed 

operations under this exemption which meets the requirements for an equivalent level 

of safety. 

B. 14 C.F.R. 43.7; Person authorized to approve aircraft, airframes, etc. 

DVI requests exemptions from Section 43.7. This part provides that the holder of 

a mechanic certificate or repair station certificate must approve an aircraft, airframe, 

aircraft engine, propeller, appliance or component part for return to service. sUAS 

obviously do not require the same level of certification for inspections or repairs due to 

their relative simplicity in design and operation compared to manned aircraft. Thus, a 

PIC can utilize manufacturer provided materials and their experience to inspect and 

prepare a sUAS for safe flight. 

To create an equivalent level of safety for this Exemption request, DVI service 

technicians will conduct the appropriate maintenance as outlined in this document and 

required by the manufacturer. The PIC will conduct preflight inspections and tests of 

the sUAS for safe technical flight operation. 

Capabilities of DVI' s technicians and manufacturer's technicians will be utilized 

to maintain and repair the fleet as to meet the requirement for an equivalent level of 

safety pursuant to section 333. This includes factoring in the sUAS's intended use, the 

operating environment and any additional requirements. 

C. 14 C.R.F. 43.11; Content, form and disposition of records for inspections 

conducted under part 91 and 125 and 135.411(a)(1) and 135.419. 

DVI requests exemptions from 43.11. It states that maintenance records entries be 

maintained and for the listing of discrepancies and placards by inspectors. Since there 

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are no inspections for sUAS certified by the FAA at the present time and sUAS do not 

have room for placards and we believe this requirement is inapplicable and will impede 

safety. 

The equivalent level of safety can be maintained because DVI flight crew will 

keep logbooks and repair and maintenance records at the ground stations, where we 

believe it is most useful in case of an emergency. DVI flight crew will keep the flight 

manual as well as information related to the sUAS at the ground control station and at a 

safe location for inspection by the Administrator. 

D. 14 C.R.F. 45.11; Marking of products. 

DVI requests an exemption from 45.11. This part provides that the manufacturers 

of aircraft mark with an approved fireproof placard placed in it. Any placards could 

become hazardous due to its weight and location on a sUAS, as such they are 

impractical for such a use. DVI flight crew will keep information related to the ship, 

including the user manual, at the ground control station. Allowing this exemption 

provide an equivalent level of safety because the relevant documentation will be at the 

PIC's ground station and usable in case of an emergency, and the identification of the 

particular sUAS will not be in question due to its limited use and location during flight. 

E. 14 C.F.R. 45.27; Location of marks; non-fixed wing aircraft. 

DVI requests an exemption from 45.27. 

The FAA has stated: "The petitioner's UAS must be identified by serial number, 

registered in accordance with 14 CFR part 47 and have ID marking in accordance with 

14 CFR part 45." DVI is prepared to identify its sUAS by serial number and register 

them in accordance with part 57 and affix N-number markings. However, the 

placement and size of these markings is not practical due to the small and the ships do 

not have a cabin, fuselage, tail or boom to display the required markings. We will affix 

markings as large as practical and this provides which will provide an equivalent level 

of safety. 

F. 14 C.F.R. 45.29; Size of marks. 

14 C.P.R. 45.27 provides that the registration marks for rotorcraft must be at least 

12 inches in height. The surface area of a UAS, due to its small size, cannot display 12-

inch markings. The equivalent level of safety is met because DVI's use of its sUAS will 

be registered with the FAA pursuant to this exemption request and if there is an issue, 

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the sUAS can be traced directly to DVI. 

G. 14 C.F.R. 91.7(a); Civil aircraft airworthiness. 

DVI requests an exemption from 91.7(a). This regulation requires that no person 

may operate a civil aircraft unless it is airworthy. As such, there is no airworthiness 

certificate issued for the sUAS aircraft in question, no standard exists and therefore, the 

regulation is not relevant to sUAS operations at this time. 

DVI believes an equivalent level of safety can be maintained because 

maintenance and safety information is at the PIC's ground station. This documentation 

and the preflight process provide an equivalent level of safety simply because the PIC 

can and will make the determination and be responsible for the airworthiness of the 

s U AS in question. 

H. 14 C.F.R. 91.9(b)(2); Civil aircraft flight manual, marking and placard 

requirements. 

This regulation states that no person may operate a US registered civil aircraft 

unless a flight manual is approved and it must be available to the operator. First and 

foremost, a method for the approving of flight manuals for sUAS does not exist. 

Secondly, there is no space to carry such a manual on the aircraft. Thirdly, carrying the 

manual is not a realistic strategy as there is no person or pilot on board who could use 

the manual. DVI intends to maintain these documents at the PIC's control station and 

would meet the intent of these rules as stated. 

I. 14 C.F.R. 91.9(c) Civil aircraft flight manual, marking and placard. 

DVI requests an exemption from this regulation that no person may operate a 

U.S. registered civil aircraft unless that aircraft is identified in accordance with part 45 

of this chapter. As has been discussed earlier, DVI will obtain N-numbers from the FAA 

Registration Office and the sUAS, due to their size, do not have room to contain 

fireproof placards and display aircraft markings in a conventional size. An equivalent 

level of safety will be obtained as DVI will obtain N-numbers from the FAA 

Registration Office and affix it to the fuselage and/or arms of the aircraft if and when 

available through the FAA for sUAS. 

J. 14 C.F.R. 91.103(b)(2); Preflight action. 

DVI requests an exemption from 91.103(b)(2) to the extent that it is applicable. 

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This section provides that each pilot shall before the beginning of a flight become 

familiar with all available information concerning that flight. This includes, but is not 

limited to, runway lengths at airports of intended use and the relevant takeoff and 

landing distance information as well as other reliable information relevant to the 

aircraft, airport etc. DVI's PIC will, before each flight, become familiar with all relevant 

information concerning the flight. DVI PIC's will also perform preflight reviews that 

meet those above-mentioned criteria. Therefore, we believe DVI will meet an equivalent 

level of safety sufficient to qualify for an exemption from this requirement. 

K. 14 C.F.R. 91.105; Flight crew members at stations. 

DVI requests an exemption from 91.105 since we believe this part is not 

applicable due to the simple fact that SUAS do not carry crewmembers. An equivalent 

level of safety is met because the PIC is at the controls of the radio system at all times. 

This control system will be on the ground. 

L. 14 C.F.R. 91.109; Flight instruction; Simulated instrument flight and 

certain flight tests. 

DVI requests an exemption from 91.109 to the extent that is relevant to flight 

training. The FAA has stated that relief from this section is unnecessary when there are 

no training scenarios in which a dual set of controls would be utilized or required. 

Section 91.109 states that no person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls. All the sUAS 

that DVI flies do not have fully functioning dual controls. DVI believes that training 

scenarios can be developed and implemented without the use of dual controls. sUAS 

are small and any training would be conducted in a safe sterile environment, which 

enhances safety and provides an equivalent level of safety. 

M. 14 C.F.R. 91.113; Right of way. 

DVI requests an exemption from 14 C.F.R. 113(b) to the extent that it applies to 

aircraft operating at or above 500 feet AGL as the sUAS will be operating no higher than 

400ft. AGL. Further, in the unlikely event a DVI operated sUAS encounters manned 

aircraft because the flight is within line of sight, the PIC will give right of way to the 

participating aircraft. The equivalent level of safety can be obtained by practicing see 

and avoid and by giving right of way to manned aircraft that might enter nearby 

airspace at or below 400 ft. AGL. The enhanced level of safety is furthered because the 

sUAS has greater mobility than a larger aircraft. 

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452182.1 
N. 14 C.F. R. 91.119; Minimum safe altitudes: General. 

DVI requests an exemption from 14 C.P.R. 91.119 subpart (c). This regulation 

provides: 

"Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes ... 

(a) Over congested areas. Over any congested area of a city, town, or 

settlement, or over any open air assembly of persons, an altitude of 1,000 

feet above the highest obstacle within a horizontal radius of 2,000 feet of 

the aircraft. 

(b) 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." 

DVI will maintain an equivalent level of safety to manned vehicles by 

maintaining a distance of at least 500 ft. to any person, vessel or structure. However, in 

instances where closer distances are required by the use, as for flying closer than 500ft., 

the proposed exemption will provide an equivalent level of safety because the flight 

crew will have preflight planning that makes a safety assessment prior to each 

operation regarding the risks of operating in certain areas and such operation will only 

occur when the risk does not present an undue hazard to themselves or others. 

0. 14 C.F. R. 91.121; Altimeter settings. 

An exemption is requested for this FAR for the simple reason that most drones 

do not have a barometric altimeter that measure pressure altitude and thus do not have 

the ability to make changes to the appropriate settings. The equivalent level of safety 

can be maintained for a number of reasons. First, the UASs do not travel from point to 

point. The UASs do not typically fly out of airports. Furthermore, the telemetry data 

provides AGL data and distance from the PIC, which is relevant to safety and provides 

an appropriate level of safety. 

P. 14 C.F.R. 91.151; VFR fuel reserves. 

DVI requests an exemption from 14 C.P.R. Part 91.151. 

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This Part provides that: 

"(a) 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 after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes. 

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes." 

sUAS are powered by electric batteries and currently have a flight time of less 

than 30 minutes with appropriate reserves for RTB. Due to these limitations, it is 

impossible to comply with this regulation. The operation of UASs provides telemetry 

data, which monitors battery life. Furthermore, timers are utilized that provide a 

framework for the PIC to fly the mission and RTB safely, given the capacity of the 

batteries. We believe these monitoring systems provide an equivalent level of safety. 

Q. C.F.R. 91.203 Certification. 

Currently there are no procedures m effect for providing airworthiness 

certificates for sUAS. DVI will display N-numbers when they are received. We believe 

that an equivalent level of safety is maintained because sUAS have safety features, 

which include return to base failsafe solutions. If there is a broken link, the sUAS 

returns to home in a safe manner. These types of enhancements provide a framework 

for safety that is unmatched by manned aircraft because of their small size, speed of 

operation and lack of explosive fuels, etc. 

R. C.F .R. 91.213; Inoperative instruments and equipment. 

DVI requests an exemption from 14 C.P.R. Part 91.213. 

This regulation states that no person may take off in an aircraft with inoperative 

instruments or equipment installed unless the following conditions are met: 

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452182.1 
1. A MEL exists for that aircraft. 

2. The MEL and the letter of authorization constitute a STC for the 

aircraft. Etc. 

In summary, DVI believes that since there are no VFR day type certificate 

instruments or equipment under which the aircraft was type certificated and there are 

no regulations for certification of sUAS, we believe it is impossible to comply with this 

regulation. DVI PIC's will make a determination, by the PIC who is certified and 

appropriately rated, that the flight can be safely flown. It is an equivalent level of safety 

such that any flights conducted hereunder can be conducted in a safe manner. 

S. C.F.R. 91.215; ATC Transponder and altitude reporting equipment 

and use. 

DVI requests an exemption from 91.215(a)(b)(c). 

This regulation requires the use of either a (a) TSO-C74b or TSO-C74c or TSOC112 equipment for (b)(l) All aircraft in A, Band C airspace and when (2) Within 30 nm 

of appendix D (c) Transponder-on operation is required. 

DVI intends to use our drones within the framework of this exemption and the 

applicable COA, in class controlled airspace. The sUAS are small and are only able to 

carry the technical payload for the appropriate missions. Therefore, DVI requests an 

exemption from 91.215 and the relevant sub-parts because there are not transponders 

small enough as to not affect the payload capabilities or flight safety of the sUAS. 

Further, the sUAS are going to have N-numbers when this process of exemption 

approval completes and thus, the drones will be identifiable if there is an incident. Also, 

sUAS do not have fuel, which would destroy the ID of the ship, and there are no 

passengers aboard which need to be rescued in case of a mishap. We believe an 

equivalent level of safety is met by using the telemetry of the sUAS, the N-numbers 

posted on the aircraft to ID it and ultimately when applicable, two-way communication 

with the appropriate ATC facility. 

T. C.F. R. 91.403; Maintenance, general. 

The regulations in this sub-part are part of the larger framework of maintenance 

of a certificated aircraft, the additional preventative maintenance and alterations of said 

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aircraft. 

DVI requests exemption from 91.403, which states that no person may perform 

the above mentioned maintenance other than as prescribed in part 43. Part 43( c) spells 

out the preventative maintenance for aircraft and does not apply to UASs. We believe 

an equivalent level of safety can be maintained by using the appropriate maintenance 

manual for the UASs. Furthermore, there are operating manuals for each UAS and 

within it are relevant techniques for the operation and maintenance of each UAS. 

Finally, each drone manufacturer recommends using their web site for the latest up to 

date information on the operating, maintenance and repair of said UASs. We intend to 

use each of these areas of information to help provide guidelines for maintenance of our 

UAS fleet. 

U. C.F.R. 91.405; Maintenance required. 

This particular regulation provides a framework for required inspections, the 

process for discrepancies within part 43 and references to 91.213, which applies to the 

next inspection interval of certificated aircraft. DVI requests an exemption for this 

particular regulation (91.405) because the FAA has set up no inspection framework and 

interval to maintain sUAS. We believe an equivalent level of safety can be maintained 

by the using the manufacturers recommended maintenance procedures listed in 

documents as well as online from their web sites. 

V. C.F.R. 91.407; Required Maintenance. 

No person may operate any aircraft that has undergone maintenance, 

preventative maintenance, rebuilding, or alternation unless (1) it has been approved for 

return to service by a person authorized under 43.7 and (2) records are developed under 

43.9 and 43.11 as applicable. DVI requests an exemption from this maintenance 

requirement because we believe it does not apply to sUASs. There is no mention of 

UASs in any of these sections and does not provide a framework for the development of 

a maintenance schedule or system for the inspection and return to service of sUAS. As 

mentioned in the previous paragraphs, an equivalent level of safety can be maintained 

by using the manufacturer's recommended maintenance procedures printed or listed on 

the web site of the manufacturer of the sUAS. 

W. C.F.R. 91.409; Inspections. 

This regulation provides a structure for maintenance inspections including (1) 

Annual inspections (2) 100 hour inspections (3) Special flight permits and (4) 

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Progressive inspections, etc. 

DVI requests an exemption from 91.409 because we believe this scheme is 

relevant to manned aircraft but not UASs. The UASs in DVI's fleet all have various 

inspection recommendations related to flight cycles and hours of flight. The 

manufacturers provide a document that we intend to use as a basis for maintenance 

inspections beyond the inspections required before each flight. DVI believes this is an 

equivalent level of safety and will provide the Administrator with the relevant 

documentation that we develop as time and learning continues with sUAS. 

X. C.F.R. 91.417; Retention of Paperwork. 

Per the C.F .R. certain specific records must be kept in relation to maintenance, 

inspections, operations and general airworthiness of manned aircraft. DVI requests an 

exemption from these record-keeping requirements because, as explained above, much 

of the required information is simply not applicable to sUASs or their operations. 

Further, an equivalent level of safety can be obtained through the various procedures 

already to be implemented by DVI in the event this exemption is granted. 

VII. The Applicant and PIC. 

The Applicant, DroneView Imaging, LLC is an Arizona based limited liability 

company founded by the Pilot in Command ("PIC"), Mr. Alan Trabilcy. Mr. Trabilcy 

will be the PIC for any UAV flights conducted by DVI pursuant to this 333 Exemption. 

Mr. Trabilcy is a private, instrument and commercial single engine rated and 

licensed pilot with a CFII designation, Certificate Number 3193266, and with 

approximately 2000 total flight hours in a single engine manned aircraft, with 800 hours 

in a teaching role as a CFII. Mr. Trabilcy's total flight hours also include approximately 

250 hours of aerobatic flight time. Thus he amply fulfills the FAA's requirements that 

the PIC hold at least a sport manned aircraft pilot designation. 

VIII. CONCLUSION. 

As set forth in this document, DroneView Imaging, LLC seeks an exemption 

pursuant to 14 C.P.R. 11.61 and Section 333 of the FAA Modernization and Reform Act 

of 2012 (FMRA), which permits safe operation of its fleet of drones (sUAS), for the 

purposes listed below. 

• Inspections; 

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• Movies and Videography; 

• New Gathering; 

• Farms, Agriculture and Conservation; and 

• Fire and Rescue. 

By granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate of the FAA Modernization and Reform Act of 2012, while also 

advancing the interests of the public, by allowing DVI to economically, safely, and 

efficiently operate their sUASs commercially within the NAS . 

. Arrowood, Esq., 

Lf of DVI, LLC 

The Frutkin Law Firm 

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