### 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. DepartmentofTransportation DocketManagementSystem 1200 NewJersey Ave. S.E. Washington, D.C. 20590 July 7, 2015

RegulatoryDocketNo.

__________ ____ _ Dear Sir orMadam: I am filing this Petition for Exemption on behalf of my client, Drone View Imaging, LLC. Mycontactinformationis as follows: JamesM. Arrowood, Esq. The FrutkinLawFirm, 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 ("FARs") 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 maybe 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 andrescue services.

1 452182

. 1I. 

### 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 considerwhether 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

• OperationoftheUAS withinthe visualline of sightofthe operator. Ifthe Secretary determines that suchvehicles "mayoperate safely inthe 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 standardswhenthe Administratordecides 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 musthave a current airworthiness certificate and from regulations regarding commercial aircraft. A partyrequesting anexemptionmustexplainthe reasons whythe exemption:

• Wouldbenefitthepublic as a whole, and

• Would not adversely affect safety (or how it would provide a level of safety atleastequal to the existingrules). 

### DVI herebyrequests an exemptionbaseduponthe following: II. Considerations for AuurovalUnder Section 333 ofthe 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 2 452182.1statutory 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 safetybeyond thatexisting when fixed orrotor wing aircraft areused to accomplish the samepurpose. DVI's submissionrequests thatthe Administratornotonlyprocessits application for exemptions under Section 333, butfor the Administrator, ifhe deems the conditions proposed herein require modification in order to allow approval, to supply conditions for the safe operationofthe sUAS byDVI. 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 orbelow 400 feet AGL and will file a NOT AM for each flight operated in controlled airspace thatis required. DVI will onlyuse 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 ofthe applicationpresentsnohazard inthe NationalAirspace 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 surroundingthe proposed operations, and the significantpublicbenefit, the grantofthe requested exemptions are also inthe publicinterest. 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 withhelicopters 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 3 452182.1considerwhenapprovingSection 333 exemptionpetitions are:

• size; • weight; • speed; • operationalcapability; • proximityto airports; • proximity to populated areas; and • operationwithinvisualline ofsight. Each ofthe above sevenfactors supportthis Petition. Inparticular, theuUSAs 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 deathto inspectors. The substantialincrease ofsafety and decrease ofrisk tohumanlife, coupled with the low risk of sUAS to conduct these inspections, weighs in favor of grantingthe exemption. 

### III. Public Interest and Safety. The intended sUAS operations contemplated by this petition are in the public interestbecause they replace work thatis dangerous, difficult, dull, or dirty, and at the same time provide an equivalent or greater level of safety than alternative manned aircraftoperations, as explainedbelow: 

### A. Inspections. If an exemption is granted, DVI intends to use its sUAS to increase safety while inspectingpower 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 useis inthe publicinterest. sUAS are significantly safer than manned aircraft for these types of inspections. When manned aircraft conduct these inspections, the pilot's attention is divided betweenconductingtheinspections and flying the aircraft safely inthelarger amountof 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 4 452182.1inspected, 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 inways that are impractical or impossible for manned aircraft, thus providing a valuablepublic servicefor inspections and research. 

### B. Movies and Videography. DVI uses state of the art digital cameras to shoot expansive and extreme radical views. The sUAS holdsup to rigorous conditions and provides a levelofsafety during a shoot that cannotbe matched by manned aircraft. Hazards are reduced due to the size and weightofthe sUAS. Thesereductions ofhazards are clearly inthepublicinterest. 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 Filmingpursuantto FAA Form 77-11-1 and will prepare the required MPTOM (MotionPictureTelevisionOperatingManual). C. 

### News Gathering. Eachnews gatheringassignmentrequires a different shotor setupofa scene. The safety of shooting over a news event exceeds any traditional helicopter or fixed-wing solution. The sUAS canoperate away from the public and structures, while providing a levelofsafetyinclose proximityto theevent. 

### 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. Forinstance, the recentprisonerescape in NewYorkprovide anexamplewhere such technology could be deployed to search dense forest areas using heat sensors, thereby providing a valuable assetfor law enforcement. DVI believes the public interest is servedby theuse of sUAS inlawenforcementoperations. 

### E. Farms, Agriculture and Conservation. DVI can operate FLIR digital cameras for analysis and study of crops, fields and 

### 5 452182.1land 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 inWestern 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 inArizona's 2013 Yarnellfire is one examplewhere this technology may have saved lives had itbeen 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 thathave specific capabilities that may bebetter for one application over another. Because of the multiple models, and because upon information andbeliet the FAA has already accepted and ruled uponthe 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 supplementthis Petitionfor Exemptionwith suchinformationifnecessary. 

### 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 permittedby anyExemptionthatis granted: 6 452182.1• DJI 900s • DJI 1000s • DJI phantom series 2 and 3 • DJI phantom series 2 and 3 with additionaltechnical payload • Inspire 1 series • Inspire 1with additionaltechnicalpayload • 3DR solo • 3DRX8 and X8M with additionaltechnicalpayload Upon information and belief, the FAA has already granted 333 Exemptions for the airworthiness and technical specifications ofthe 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 overproperty thatis approved for flight and inspections. DVI operations will be monitoredby their clients and work with local FSDO when appropriate. DVI will only operateinVFR or MVFR conditions in the appropriate airspace and DVI will work with the appropriate agencies to coordinate flight when applicable thru the COAexemptionprocess. 

### B. Weather Limits. The sUAS will not operate when cloud or weather conditions impinge upon DVI's ability to operatewithinthe parameters ofthis 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 conductedpursuantto this exemption, ifgranted. 

### 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 withpermissionof the owner, or over structures andbuildings 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 7 452182.1cameras 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 personswillbeblurred orblacked out. No attemptwill 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' propertyoroperations. 

### E. Aircraft Level ofSafety. 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 ofsafety compared tomannedflights underthe currentregulatory structure. The limitations to be followed by DVI when conducting commercial operations pursuantto anyFAAissuedexemptioninclude; 1. Totalweightwillbebelow55lbs. (11.5kg); 2. Flights willbe conducted at speeds less than 50 mph. 3. Flightswillbeoperatedwithinthe line ofsight; 4. PIC has at least the appropriate training, ratings, current medical certificate and documentation for the mission. The PIC is also currentincategory and class ratings; 5. Maximum total flight time will result in no less than 20% battery reserve; 6. Flights willbeoperated atan altitudeno greaterthan400 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 safetyprinciples related to themission; 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 pertinentreference materials providedby the manufacturer of the UAV and relevant to the USV and the mission; 9. DVI will submit appropriate paperwork to the agency (FSDO) 8 452182

. 1responsible for the airspace or jurisdiction as required by the mission; 10. Pilot and observerwill be able to communicatebyvoice during the mission; 11. Permissions and permitswillbe 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 whoseprivateproperty the UAVmaybeoperated; 13. Loss of flight control of the UASs triggers a failsafe protection that willfly the shipRTB automatically; 14. DVI believes the approvals requested by this petition present no national securityissues. VI. Regulations from whichExemption is requested. 

## • 14C.P.R.Part21; 

## • 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 exemptionfrom the requirementsfor airworthiness certificates. 21.175, Airworthiness certificates: classification.

9 452182.1(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 ofaircraft. (b) Special airworthiness certificates are primary, restricted, limited, lightsport, and provisional airworthiness certificates, special flight permits, and experimentalcertificates. 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 ofsafety. B. 14 C.F.R. 43.7; Personauthorized to approve aircraft, airframes, etc. DVI requests exemptions from Section 43.7. This partprovides 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 certificationfor 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 operatingenvironment and any additionalrequirements. C. 14 C.R.F. 43.11; Content, form and dispositionofrecords for inspections conducted underpart 91 and 125 and 135.411(a)(1) and 135.419. DVI requests exemptions from 43.11. It states thatmaintenance records entriesbe maintained and for the listing of discrepancies and placards by inspectors. Since there 

### 10 452182.1are no inspections for sUAS certified by the FAA at the present time and sUAS do not have roomfor placards and webelieve this requirementis 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 informationrelated to the sUAS atthe ground control station and ata safe locationfor inspectionbytheAdministrator. D. 14 C.R.F. 45.11; Markingofproducts. DVI requests anexemptionfrom 45.11. This partprovides thatthe 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 willnotbeinquestion duetoits limiteduse and location duringflight. E. 14 C.F.R. 45.27; Location ofmarks; non-fixedwingaircraft. DVI requests anexemptionfrom 45.27. The FAA has stated: "The petitioner's UAS mustbe identified by serial number, registered in accordance with 14 CFR part47 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 orboom to display the required markings. We will affix markings as large as practical and this provides which will provide an equivalent level ofsafety. F. 14 C.F.R. 45.29; Size ofmarks. 14 C.P.R. 45.27 provides that the registration marks for rotorcraft mustbe 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, 11 452182

.1the sUAS canbetraced 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 regulationis notrelevantto sUAS operations atthis 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 sUAS inquestion. 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 onboard who could use the manual. DVI intends to maintain these documents at the PIC's control station and wouldmeettheintentoftheserules as stated. I. 14 C.F.R. 91.9(c) Civil aircraft flightmanual, 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 ofthis chapter. As hasbeendiscussed earlier, DVI will obtainN-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 throughthe FAA for sUAS. 

### J. 14 C.F.R. 91.103(b)(2); Preflightaction. DVI requests anexemptionfrom 91.103(b)(2) to theextentthatitis applicable. 

### 12 452182

. 1This sectionprovides thateachpilot shallbefore thebeginningof 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 meetthose above-mentioned criteria. Therefore, webelieveDVI will meet anequivalent level ofsafety sufficientto qualifyfor anexemptionfrom this requirement. K. 14 C.F.R. 91.105; Flight crewmembers 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 metbecause the PIC is at the controls of the radio system at all times. This control systemwillbeonthe 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 relieffrom 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 anequivalentlevel of safety. M. 14 C.F.R. 91.113; Right ofway. DVI requests an exemption from 14 C.F.R. 113(b) to the extent that it applies to aircraft operatingatorabove 500 feet AGL as the sUAS willbeoperatingnohigherthan 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 greatermobility than a larger aircraft. 

### 13 452182.1N. 14 C.F. R. 91.119; Minimumsafe altitudes: General. DVI requests an exemption from 14 C.P.R. 91.119 subpart (c). This regulation provides: "Except whennecessary for takeoffor landing, nopersonmay 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 notbe 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 requiredby theuse, 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 occurwhenthe risk does notpresent anunduehazard to themselves orothers. 0. 14 C.F. R. 91.121; Altimeter settings. An exemption is requested for this FAR for the simple reason that most drones do nothave a barometric altimeter thatmeasure pressure altitude and thus do nothave the ability to make changes to the appropriate settings. The equivalent level of safety canbe maintained for a number ofreasons. 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 anappropriatelevel ofsafety. P. 14 C.F.R. 91.151; VFR fuel reserves. DVI requests anexemptionfrom 14 C.P.R. Part91.151. 

### 14 452182.1This Partprovides that: "(a) No person maybegin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) thereis enough fuel to fly to the first point of intended landing and, assuming normal cruising speed. (1) Duringthe day, to fly after thatfor atleast30 minutes; or (2) Atnight, to fly after thatfor atleast45 minutes. (b) No person may begin a flight in a rotorcraft under VFR conditions unless (consideringwind and forecast weather conditions) thereis enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, tofly after thatfor atleast20 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. Webelieve thesemonitoring systemsprovide anequivalentlevel ofsafety. 

### 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 operationandlack ofexplosivefuels, etc. R. C.F.R. 91.213; Inoperative instruments and equipment. DVI requests anexemptionfrom 14 C.P.R. Part91.213. This regulation states thatno person may take off in an aircraft with inoperative instrumentsorequipmentinstalledunless thefollowing conditions are met: 

### 15 452182.11. A MEL existsfor 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 canbe safely flown. Itis an equivalentlevel of safety suchthatanyflights conductedhereundercanbe conducted in a safe manner. 

### S. C.F.R. 91.215; ATC Transponderand altitude reporting equipment and use. DVI requests anexemptionfrom 91.215(a)(b)(c). This regulation requires the use of either a (a) TSO-C74b or TSO-C74c or TSOC112 equipmentfor (b)(l) All aircraftinA, Band C airspace and when (2) Within30 nm ofappendixD (c) Transponder-onoperationis 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 beidentifiable ifthere is anincident. 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 withthe appropriateATC facility. T. C.F. 

### R. 91.403; Maintenance, general. The regulations in this sub-part are part of the larger framework ofmaintenance of a certificated aircraft, the additional preventative maintenance and alterations of said



### 16 452182.1aircraft. 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 ofthese areas ofinformationto help provide guidelinesfor maintenance ofour 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 setup no inspectionframework 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 onlinefrom theirweb sites. V. C.F.R. 91.407; Required Maintenance. No person may operate any aircraft that has undergone maintenance, preventative maintenance, rebuilding, or alternationunless (1) it hasbeen approved for returnto serviceby a person authorizedunder43.7 and (2) records are developedunder 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 ofthese sections and does notprovide a framework for the developmentof 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 byusingthemanufacturer'srecommended maintenanceproceduresprintedorlisted on the web site ofthe manufacturerofthe 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) 17 452182.1Progressiveinspections, 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 documentationthatwe develop as time andlearningcontinueswith sUAS. X. C.F.R. 91.417; Retention ofPaperwork. 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 tobeimplementedbyDVI intheeventthis exemptionis granted. VII. The Applicantand 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 willbe the PIC for anyUAVflights conductedbyDVI pursuantto 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 thePIC hold atleast a sportmanned aircraftpilotdesignation. VIII. CONCLUSION. As set forth in this document, DroneView Imaging, LLC seeks an exemption pursuantto 14 C.P.R. 11.61 and Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA), which permits safe operation of its fleet of drones (sUAS), for the purposeslistedbelow.

• Inspections; 

### 18 452182.1• Movies andVideography; • NewGathering; • Farms, Agriculture and Conservation; and • Fire andRescue. 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 commerciallywithinthe NAS

.

.Arrowood, Esq., Lf ofDVI, LLC TheFrutkinLawFirm



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