March 11 , 2016

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 and Part 11 of the Federal Aviation**  **Regulations from 14 CFR Part 21; 14 C.F.R. 45.23(b);**  **61.113 (a) &(b); 91.7 (a); 91.9 (b) (2);**  **91.103(b); 91.1090;**  **91.119; 91.121; 91.151(a); 91.203 (a) & (b);**  **91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).** 
Dear Sir or Madam:
Pursuant to Section 333 of the FAA Mode rnization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Colorado Drone Services, LLC, a n architecture, real estate and construction consulting company, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") t o allow commercial operation of its Small Unmanned Aircraft Systems ("s UAS ") . These commercial services would consist of, but not limited to, initially operating a registered DJI Phantom 3 Professional and DJI Phantom 4 Quadcopter, (or at a later time, si milar type and category of sUAS) to conduct aerial videography and photography of agriculture, real estate, construction sites, inspections, special events, aerial survey, inventory assessments, and for marketing and/or advertising, so long as such opera tions are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333, as well as all provisions contained in the FAA’s Small UAS NPRM (FAA’s proposed Part 107).
The requested exemption would per mit the operation of s SUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices safety protocols followed by Colorado Drone Services , L LC at each construction site visited. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to " ... establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act.
The name and address of the applicant is: Michael Zagorski Colorado Drone Services, LLC 19527 E. Bellisario Creek Drive Parker, CO 80134 (720) 448

-4085 mike@ coloradodroneservices .c om Colorado Drone Services, LLC respectfully requests to be granted exemptions to the following specific sections of the Title 14 Code of Federal Regulations allowing operations of lightweight UAS for commercial purposes:14 C.F.R. Part 21

14 C.F.R. 45.2 3( b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 (b) 14 C.F.R. 91.1090 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151 (a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 4 09 (a) (2) 14 C.F.R. 417 (a) & (b)
**TYPE OF AIRCRAFT OPERATED BY COLORADO DRONE SERVICES, LLC** 
#1

- DJI Phantom 3 Professional Stock setup with DJI Tx AUW 2.8 2 lbs.
#2

- DJI Phantom 4 Stock setup with DJI Tx AUW 3.04 lbs.
**I. STATUTORY AUTHORITY FOR EXEMPTIONS** The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUAS’s, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

-44716 of this title if the Administrator finds the exemptio n in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1). Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may operate in the National Airspace System (NAS) without crea ting a hazard to the user, the public, or a threat to national security. If the Secretary determines that a sUAS "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." Id. §333(c).
Colorado Drone Services, LLC 's s UAS’s are multirotor vehicles, weighing 10 or fewer lbs. including payload. They operate under normal conditions at a speed of no more than 50 knots and have the capability to hover, a nd move in the vertical and horizontal plane simultaneously. The sUAS willoperate only in the Pilot's visual line of sight at all times

. Such operations will insure that the sUAS will

"not create a hazard to users of the national airspace system or the pu blic." Reform Act Section 333 (b).
Given the small size of the sUAS involved and the restricted and sterile environment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congre ss envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately. Also due to the small size of the sUAS and the low altitudes and restricted areas in which the sUAS will operate, approval of the application presen ts no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant pub lic benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly, Colorado Drone Services , LLC respectfully requests that the FAA grant the requested exemption without delay.
**II. PUBLIC INTEREST**
This exe mption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress's intent of allowing SUAS to operate with significant safety precautions in low risk environments.
The use of sUAS on a construction site can significantly reduce the risk to workers of falls while inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, and collect data on hard to get to areas that otherwise would require worker inspection. Fall s are a leading source of workplace fatality and injury on construction sites, and reducing falls through sUAS use for site imaging could save workers lives. Additionally, sUAS could replace the use of helicopters and small aircraft to monitor sites. The sUAS we propose to fly in this application are under five pounds, and carry no combustible material on board, as opposed to the much larger conventionally powered small aircraft. Shifting to sUAS from helicopters presents a marked safety increase for our w orkers and the public. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection over a construction site. Our sUAS use rechargeable lithium ion batteries, as opposed to fossil fuels bur ned in operation of small aircraft that are many hundreds of times heavier. **III. EQUIVALENT LEVEL OF SAFETY**
Colorado Drone Services, LLC proposes that the exemption requested herein apply to sUAS that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations rep resent a safety enhancement to the already safe protocolsfollowed on construction sites and imaging and surveying operations conducted with helicopters and

other conventional aircraft. Colorado Drone Services, LLC will be bound by the following limitation s when conducting its sUAS operations under an FAA issued exemption:
1. The sUAS will be less than 10 pounds. 2. Flights will be operated within visual line of sight of a pilot. 3. Maximum total flight time for each operational flight will be 23 minutes. T he SUAS calculates battery reserve in real time, and will return to its ground station with at least 20% battery power reserve should that occur prior to the 23 minute limit. 4. Flights will normally be operated at an altitude of 200 feet AGL, never exceed ing 400 feet AGL. 5. Any site within 5 miles of an airport will not be flown without notification and approval of the local FAA Flight Standards District Office (FSDO) and airport controller. 6. Crew for each operation will consist of the sUAS Pilot who w ill keep the sUAS within his visual line of sight at all times. 7. The sUAS Pilot will be trained in flight, operations, and safety procedures

. 9. A briefing will be conducted in regard to the planned sUAS operations prior to each day's production activiti es. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 10. All onsite personnel will consent to the s UAS flyover on site by waiver, and the operator will obtain additional verbal or written consent of all persons who will be allowed within 100 feet of the flight operation. 11. Pilot will have been trained in operation of s UAS’ s generally and received up

-to

- date information on the particular s UAS’s to be operated a s required

. 12. Written and/or oral permission from the relevant property holders will be obtained. 13. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or o ther appropriate governmental agencies. 14. If the sUAS loses communications or loses its GPS signal, it will have capability to enter "loiter mode" and hover, reestablish satellite connection, and return to a predetermined location within the Security Per imeter and land. 15. Any sUAS to be used by Colorado Drone Services , LLC will comply with any registration requirements of the FAA. 16. The sUAS will be marked with contact information and registration number. 17. All flights will be electronically recor ded and made available to the FAA upon request.
**IV. OPERATOR CERTIFICATION AND RESPONSIBILITIES**
Colorado Drone Services, LLC’s Chief UAS Operator will be an FAA certified Pilot. Colorado Drone Services, LLC owner Mr. Michael Zagorski is current pursuing his Sport Pilots License with the intent of being the primary PIC for Colorado Drone Services, LLC sUAS operations. Any commercial work performed prior to Mr. Michael Zagorski obtaining a pilots license and after this petition is approved, will be performed by a n alternate FAA licensed pilot.
**VI . DESCRIPTION OF SPECIFIC REGULATIONS**  **14 CFR 61.113 (a) &(b): Private pilot privileges and limitations: Pilot in command**Sections 61.113 (a) &(b) limit private pilots to non

- commercial operations . Because the sUAS will

not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the Pilot operating the aircraft to have (1) completed a sUAS flight training course of 100 hours before flying a sUAS and (2) a Sport Pilot certificate. The FAA has previously acknowledged in prior grants of exemption under Section 333 that a commercial pilot's certificate was not necessary to operate a sUAS, but that the FAA could not waive the requ irement for an FAA

- issued pilot's license. A Sport Pilot certificate addresses the FAA's requirement that the Pilot in command have the requisite training and understanding of the National Airspace System, and also ensures that the Pilot is registered with the FAA and will not pose a risk to national security. The Sport Pilot certificate also does not require the Pilot to undertake the additional cost and time of additional manned aviation flight time that the Private Pilot's license requires and which will not translate to skill or competency operating the sUAS

. The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive mate rials or flammable liquid fuels . Like other civil aircraft, opera tions under this exemption will be tightly controlled and monitored by the operator, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is currently done on active constructi on sites. The FAA will have advance notice of all operations. The risks associated with the operation of the sUAS are therefore diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, and allowing operations of the sUAS as requested with a Pilot who has met the minimum requirements stated in Section F of the Manual achieves the level of safety contemplated by 14 C.F.R. §61.113 (a) & (b). **14 C.F.R. 91.103: Preflight Action** This regulation requires each p ilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requiremen ts, checkin g takeoff and landing distances . These actions will provide an equivalent level of safety.
**14 C.F. R. 91.119: Minimum Safe Altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, w ith vertical take off and vertical landing, which will typically operate at altitudes of 200 AGL, so an exemption may be needed to allow such operations. The sUAS will never operate at altitude higher than 400 AGL and will be in a restricted area with secu rity perimeter, where buildings and people will not be exposed to operations wit hout their pre

- obtained consent . The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. No fli ght will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and any onsite personne l, all affected individuals will be aware of the planned flight operations. Unlike flight operatio ns with aircraft or rotorcraft weighing far more than the maximum 10 lbs. proposed herein, our sUAS will notcarry flammable fuel. In addition, the low

- altitude operations of the sUAS will ensure separation

between sUAS operations and the operations of con ventional aircraft that must comply with Section 91.119. **14 C.F.R. 91.121: Altimeter Settings** This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the depa rture airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety wi ll be achieved by the operator, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our sU AS is limited to operations in sterile and controlled environments as outlined in the Manual, and has a limited range and flight time which require an exemption from 14. **CFR 91.151(a).** The battery powering the sUAS provides approximately 23 minutes of powe red flight. To meet the 23 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 5 minutes in length. Given the limitations on the sUAS 's proposed flight area and the location of its proposed operations within a prede termined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.
Colorado Drone Services, LLC believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockhe ed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small sUAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 mi nutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small SUAS . Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exempti on will be granted. An equivalent level of safety can be achieved by limiting flights to 23 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring system and the Pilot), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exe mptions 2689F 5745, 10673, and 10808. **14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) &(b): Maintenance inspections** These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43.Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate,

these sections will not apply to Colorado Drone Services, LLC . Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An eq uivalent level of safety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If m echanical issues arise the sUAS can land immediately and will b e operating from no higher than 400 feet AGL. T he Pilot will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the Pilot is the person most familiar wit h the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined t hat publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) &(b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405; (a); 91 .407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (551bs or less) primarily in construction related operations. Approval of exemptions allowing commercial operations of sUAS in the constructi on industry enhances safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 10 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft fl ights. The operation of small sUAS, weighing less than 10 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people. **Privacy** All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Images taken will be of individuals who have also consented to bein g filmed or otherwise have agreed to be in the area where aerial photography will take place. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, controlled operating environment and operation within visual line of sight and national security

— provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's sUAS in construction industry pursuant to the Manual appended here to. Sincerely,Michael Zagorski, AIA, PMP

Colorado Drone Services, LLC