## Conestoga-Rovers & Associates

° d 3075 Brecicinridge Blvd, Suite 470

Dulutli, Georgia 30096 Plioiie: 678-232-1933 E-mail: bleroy@CRAworld.com UR.L: http://www.CR.Aworld.coin

May 29, 2015


### U.S. Department of Ti•a.nsportation Docicet Management System 1200 New 

## Jersey Ave., SE Washington, DC, 20590

RE: Exemption Request Under Section 333 of the FAA Modernizatiorn and Reform Act of 2012 and 14 C.F.R. Part 11 Dear Madaan, Sir, Pursuant to Section 333 of the FAA Modernization a.nd Reform Act of 2012 and 14 C.F.R. Part 11, Conestoga Rovers & Associates ("CRA") seeks an exemption from the Federal Aviation Regulations detailed below foL the DJI Phantom 2, Phantom 3, Inspire, S900, and S1000 UAS. The largest 

### of these five systems, the S 1000 UAS has a maximtim gross talceoff weight 

### of 24.3 lbs. All of the proposed UAS are mttlti-i otor aircra.ft with electric propulsion. These UAS are all commercial platforins fiom DJI with a proven tracls recoz•d and have been approved for flights in the National Airspace under several difFerent FAA Certificates of Autliorization (COA) . The requested exemption would allow CRA to pursue commercial interests in aerial data collection using small unmanned a.ircraft systeins. The systems nroposed will be used to conduct data gathering for agricultura.l applications, aerial irispections, mapping, surveying, R&D search and rescue, and product demonstrations. The team at CRA will operate in accordaaice with FAA N 8900.227 a.nd utilize both a Pilot in Comma.nd a.nd . a ground-based visual observer. CRA will also utilize einergency, lost link, and lost commtinication procedures previously approved for FAA COA's for the DJ1 Phantom 2 UAS. These are available upon request. All flights under these exemptions will be conducted with the following restiictions:
1. Flights will be in Class G airspace at no more tha.n 400' AGL. 2. The UAS will be operated over private property only witli the permission 

### of the owner. 3. The UAS will not be operated over populated areas. 4. The UAS will not be operated within 5 NM of an airport. 5. Operations will be limited to daytime operations under visual meteorologica.l conditions. G. The aircra.ft will rema.in within visual line of sight of the observer at no more than 1/2 NM ra.nge. 7. A NOTAM will be issued prior to fligllt opera.tions. 8. The UAS will liave a maximum GTOW of less tha.n 55 lbs. 

### 9. The aircraft will be U.S. registered a•nd display the N-number. 10. The PIC and Observer will possess the certifications required tuider N 8900.227. 

### 11. No operator or observer will engage in, nor may an operator or observer permit, any activity during acriticad phase of flight which could distract any operator or observer from the perfortnance of his/her

duties or interfere in any way with the proper condttct of his/lter duties. 12. The PIC will conduct a pre-fliglit inspection prior to each fligltt so as to ensure that the UAS and associated systems ase in a conclition for sa.fe operation. 13. The PIC and observers will maintain two-way communications with each other during all operations; if tmable to tnaintaitn two-way commtmications, or if any condition occurs that may otherwise cattse the operation to be ttnsafe,the operator willimmediately conclude the operation. 14. The a.ircraft will automatically return to a specific location if tlte commiunications link is lost. 15. All flights will be conducted below 70mph. The regulations from which the exemption is reqttested are as follows. The Appenclix contains details of the CRA operations related to slrowing an equivalent level of safety for these exempt regulations.

• 14 C.F.R. Part 21, Snbpart H • 14 C.F.R. §91.203(a) and (b) • 14 C.F.R. §45.23(b) • 14 C.F.R. §61.23(a)



### • 14 C.F.R. §61.113(a) a.nd (b) • 14 C.F.R.§61.133(a) • 14 C.F.R..§91.7(a) • 14 C.F.R. §91.9 • 14 C.F.R. §91.109(a) • 14 C.F.R. §91.119 • 14 C.F.R. §91.121 • 14 C.F.R. §91.151(a) • 14 C.F.R. Subpa.rt E (§91.401 - §91.417)
UAS Overview CRA is submitting this reqttest for exemption for five different multi-rotor platforms from DJI; the Phatttotn 2, Phantotn 3, Inspire, S900, and S1000. CRA has experience witlt the platfornts and has worke<t with local Sheriff departments to secure FAA COA's for the DJI Pltantom 2. CRA training and operational procedures follow the gttictelines presented in N 8900.227. CRA is planning on ttsing the proposed five UAS to purstte ftutlter cotntnercial applications. The five UAS are mttlti-rotor aircraft with electric propttlsion. Figttre 1 below contains an image of the five UAS and Table 1 contains more detailed information on these systems. CRA proposes that the small size and weight of the UAS included in this request for exemption, flown under the guidelines of N 8900.227, will have an equivalent level of safety to manned aircraft performing sirttilar missions.

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### (4) (5) Figure 1: The UAS: (1) The DJI Phantom 2, (2) the DJI Phantom 3, (3) the DJI Inspire, (4) the DJI S900, and (5) the DJI S1000
Aircraft Dimensions Weight DJI Phauitom 2 14"x14"x7" 2.6 lbs DJI Pha.ntom 3 14 1 'x14"x7" 2.8 lbs DJIlnspire 17"x18"x12" 6.51bs DJI S900 35 "x35"x14" 18.1 lbs DJI S1000 41 "x41 "x14" 24.3 lbs Table 1: Name, size, and weight of the aircraft. The name and contact inforina.tion of the applica.nt are:

Conestoga-Rovers & Associates Attn: Briau (Bo) LeRoy Phone: 678-232-1933 E-ma.il: bleroy@CRAworld.com
CRA redttests exemption under Section 333 to enable safe commercia.l UAS operations for the activities stated. By approving these exemptions the FAA will create benefits to the a.reas mentioned that is ultimately in the public interest. Plea.se contact us if you rectttire additional inforination or clarifica;tion.

Sincer

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### z Brian (Bo) L - oy Director of Flight Uperations

3APPENDIX Specific Exemption Requests and Equivalent Level of Safety Showings 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a) and (b) - Civil aircraft: Certifications required. Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpa.rt H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a). CRA requests an exemption frotn these rules and will utilize an internal airworthiness process based on MIL-HDBK 516B for an equivalent level of sa£ety. Sttch an exemption nteets the requirements of an equivalent level of safety under Pa.rt 11 and Section 333 of tlte Reform Act. The Federal Aviation Act aatd Section 333 of the Reform Act both autltorize the FAA to exempt aireraft fronr the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and popttlated areas of the UAS involvecl. 14 C.F.R. §45.23(b) - Display of marks; general. These regulations provide that each a.ircraft tnust display "N" and the aireraft's registration number in letters at least 3 inches high. Additionally, the aircraf't mttst display the word "EXPERIMENTAL" in letters at least 2 inches high near the entraarce to the cabin, cockpit, or pilot station. Given the size of the UAS (faselage length of G'), this reqttirement is impossible to niatclt. The eqttivalent level of safety will be acliieved by having the registered N-number in I incli lettering ozn the side of the fuselage. 14 C.F.R. §61.23(a) - Medical certificates: Requirement and duration. Regulations provide that a persotn must ltold at least a second class medical certifrcate when exercising: • Sewond-in-conrmand privileges of an airline transport pilot certificate in part 121 of this chapter (other tltan operations specified in paragra.ph (a)(1)(ii) of this section); or • Privileges of a commercial pilot certificate Given the size of the UAS in this petition and the limited flight asea aud the safety featttres integrated in the atitopilot CRA believes that an Equivalent Levei of Safety can be reached if the operator has a valid drivers license. 14 C.F.R. §61.113(a) and (b), §61.133 - Private Pilot Privileges and Limitations: Pilot in Command; Cotnmercial Pilot Privileges and Limitations Sttbsections (a) and (b) of §61.113 prohibit private pilots from operating aireraft in commercial operations, and §61.133(a) requires an individual operating an aircraft for compensation or hire to hold a commercial pilot certificate. CRA requests an exemption from 14 C.F.R. §61.113(a) and (b) and 14 C.F.R. §61.133(a) so that above mentioned UAS may be operated by individuals who ltave a private pilot certificate. Based upon the design features of the UAS, its autopilot system, and safety factors, the FAA should permit operation of UAS by operators with a private pilot certificate when the conditions clescribed above have been satisfied. The above-described conditions are in-line witlt those set forth in Volutne 16, Chapter 4, Section 1 of FAA Order 8900.1. CRA proposes to condttet operations in accawrdance with these restrietions. Given these conditions and restrictions, an equivalent level of safety to manned operations will be achieved through operation witli a private pilot certificate. The risks associated with the operation of the DJI tnttlti-rotor aircraft (given the size, speed, operational capabilities, and lack of combustible fiiel) are so tnuch less than the level of rislc associated with fixed wing and rotorcraft operations, both private aaxl cominercial, as contenrplated by Part 61, that allowing operations of these UAS, as set forth above, meets or exceeds the present level of sa.fety

4provided under 14 C.F.R. §61.113(a) and (b) and §61.133(a)



### 14 C.F.R. §91.7(a) - Civil aircraft flight manual, marking, and placard requirements This regttlation reqttires that no person may operate a civil aircraft ttnless it is in airworthy condition. CRA requests that an exemption be granted adlowing commercial operation witltout aat airworthiness certificate. Given the size of the aircraft self certification ntilizing nQIL-HDBK 516B will provide aat equivalent level of safety. 

### 14 C.F.R. §91.9(b)- Civil aircraft flight manual, tnarking, and placard requirements. This regulation provides that no person may operate an aircraft ttnless a catrrent, approved fligltt maantal is in the aircraft. CRA assumes that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. CRA requests an exemption to this requirement since the aircraft is not only too stnall to carry documentation, bttt the documentation wottld not be available to the crew. The eqttivalent level of sa£ety will be achieved by keeping a hard copy of the DJI ttser manua.l with the grouncl crew. 

### 14 C.F.R. §91.109(a) - Flight instruction; Simulated instrutnent flight and certain flight tests Sections 91.109(a) provides that no person may operate a civil aircraft that is being used for flight instruction nnless that aircraft lras fnlly fiutctioning dual controls. The UAS in this exemption are remotely piloted aircraft, and, by clesign, not equippecl witlt fttlly fttnctiona.l clttal controls. Flight control is accontplishect througlt the use of a coutrol box that cotnmunicates with the aircraft via radio communications. Utilizing a pilot skilled in remote piloting will provide aar equivaient level of safety. 

### 14 C.F.R. §91.119 - Minimum safe altitudes: General. The regulation provides tha.t over sparsely populated a.reas the aircra.ft casutot be operated closer thaar 500 feet to any person, vessel, vehicle, or structure. Since the UAS in this exemption will be operating at a ma.xinnun of 400 feet AGL, this requirement cannot be followed. To provide an equivalent level of safety CR.A will only fly over private propety with the permission of the la.nd owner. The land owner will be briefed of the expected route of flight and the associated risks to persons and property on the ground. We maintain that due to the small size of tlre UAS, the hazard to persons, vessels, vehicles, and structmes is not comparable to manned a.ircraft and sltottld be considered in granting the exemptiott. Fmthermore, CRA will not operate over congested areas nor over any open air assembly of persons. 

### 14 C.F.R. §91.121 - Altimeter settings. The regulation states that aircraft shall maintain cruising altitudes by reference to a.n altimeter setting available witltin 100 nautical miles of the aircraft. The UAS will fly below 400 feet ACL and will not need to maintain liemispherical cruising altitudes in order to de-conflict with other aircraft. To provide an equivalent level of'safety, the atitopilot calcttlates the reference altitttde (ground level) with the on-boa.rcl GPS dttring the pre-flight tests. The GPS and barometer data are then used to calculate the altitude in-flight. 

### 14 C.F.R. §91.151(a) - Fuel requiretnents for flight in VFR conditions. The regulation states that no person may begin a flight in an airplane under day-VFR conditions unless there is enottgh fuel to fly to the first point of intended landing and to fly after that for at least 30 mintttes. As the aircraft in this request are electric-powered, this reqttirernent is inapplicable. An equiva.lent level of safety is achieved through a low battery power warning. The DJI UAS are designed to automatically return to base and land safely when the power is too low.

### 14 C.F.R. Subpart E(§91.401 -§91.417) - Maintenance, Preventive Maintenance, and Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 attd 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved f'or return to service by a person atttltorized ttnder 43.7" after tnaintenaxtce aud inspection. CRA plans to have the PIC perfortn maintenance aud inspection of the aircraft and "be attthorized to

5approve the aircraft for return to service." The PIC wili ensure that the aircraft is in an aiiworthy condition

prior to flight and conduct detailed inspections after every 10 flight hours. Additionally, checldists will be utilized witth all of the necessary pre-flight procedures prior to every flight operation. The PIC will document work performed in accordance with 91.417. We feel that due to the size, constraction, and simplicity of the aircraft, the PIC ca.n ensure an equivalent level of safety.