January 14, 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Pursuant to Section 3 33 of the FAA Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations

.

Dear Sir or Madam:

I, Joshua Perryman, owner of Drobotixx L

. L

. C

. , am submitting this Petition for Section 333 Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 on behalf of Drobotixx, L

. L

. C.

Applicant Information:
Name of Applicant: Drobotixx, L

. L

. C

. Primary Contact:
Joshua Perryman Drobotixx, L.L.C. 2464 Ser en Drive Lebanon, IN 46052

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Drobotixx, L.L.C. hereby request s an ex emption by the Secretary of Transportation authorizing commercial use of sUAS for agricultural crop inspection , architecture mapping , construction mapping and inspection
, real estate, power line inspection, security, aerial videography, photography and any other work utilizing aerial photography

. Such operations will be cond ucted within the conditions of Section 333 of the FAA Moder nization and Reform Act of 2012 , Section 333 and the UAS “ Blanket COA ” . The aircraft to be utilized will be within the DJI family of unmanned aircraft vehicles

.

These exemptions will be in the public interest and will maintain, at the least, an equal level of safety to existing regulations

. Approving Drobotixx, L.L.C. to perform c ommercial sUAS operations will provide a safer airspace and community by utilizing licensed and professional pilots, proper equipment inspections prior to and after flights, and procedures to ensure a safe flight and landing . Drobotixx, L.L.C, will operate the commercial sUAS operation that will me et, if not exceed, the current conditions of Section 333 of the FAA Modernization and Reform Act of 2012. The sUAS to be operated will be under 55lbs and will not contain fuel, thus providing a safer airspace in an unforeseen emergency. An exemption will allow Drobotixx, L.L.C. to provide a safer airfield and environment by provid ing a professional drone service for those who are not educated or licensed for t he proper use of an UAS for the listed applications.Drobotixx, L.L.C. will operate the following UAS which will be equipped with a thermal camera/ HD camera,

sensors and trans portable ground station for the following purposes :

 Aerial inspection for private uses which include crop inspection, construction
, secu rity, architecture , power lines and real estate.

 Aerial m apping for private uses which include crop inspection, construction
, secu rity, and architecture

.

 A erial photography for public and/or private use which includes real estate and other professional
events.

 Aerial videography for public and/or private use which includes real estate and other professional
events.

Exceptions Requested
Pursuant to 14 C.F.R. § 11.81(e), DK Consulting Group, Inc. requests exemption from the following regulations:

 1 4 C.F.R. Part 21 Subpart H

– Airworthiness Certificates

o Establishes: The procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. § 91.203(a)(1)

The size of the UAS wi ll be less than 55lbs, thus, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FAA Moder nization and Reform Act of 2012 with the consideration “ of the size, weight, speed, operational capability, and proximity to airports and populates areas of the particular UAS. ”

 14 C.F.R. § 45.23(b)

– Aircraft Marking and Identification Requirements

o When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the opera tor must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicab le.
Drobotixx, L.L.C. will be in compliance with § 45.29(f) by displaying the registration number on each UAS in bo ld, readable lettering.

 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) and 61.101

– Recreational, Private and Commercial Pilot Privilege and Limitations

o 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section, no person who hold s a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of October 26, 2015 Page 4 of 11 an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment

. o 14 C.F.R. § 61.133: (a) Privileges

– (1) General. A person who holds a commercial pilot certificate may act as pilot i n command of an aircraft

– (ii) For compensation or hire,provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation.

o 14 C.F.R. § 61.101: (a) A person who holds a recreational p ilot certificate may not act as pilot in command of an aircraft:

 For compensation or hire;

 In furtherance of a business;

Drobotixx, L.L.C. will em ploy a that PIC holds a minimum of a pilot certification and a valid driver ’ s license.

 14 C.F.R. 91.7(a)

– Civil Aircraft Airworthiness

o No person may operate a civil aircraft unless it is in an airworthy condition.

T h e PIC will administer pre and post flight inspection of the UA provided by the manufactures maintenance manual(s) and guide lines. The PIC will abide by § 91.7(b) and abort flight missions immediately an in

- flight emergency or other unsafe conditions. The equivalent level of safety will be met by complying with the outlined procedures.

 14 C.F.R. 91.9(b) Civil Aircraft Flight Manual, Marking, and Placard R equirements

o (b)(2) prohibits operation of U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manua l, approved manual material, markings, and placards, or any combination thereof.
Drobotixx, L.L.C will keep all copies of operation document s, manuals, authorizations and exemptions of the UA in a binder located with the ground station to achieve an equivalent level of safety.

 14 C.F.R. 91.109(a)

– Flight Instruction

o N o person may operate a civil aircraft (except a manned f ree balloon) that is bein g used for flight instruction unless that aircraft has fully functioning dual controls.
Drobotixx, L.L.C. will make use of sUAS which are developed and designed for operational control through the GPS enabled waypoints, which are determined before or during flight. A majority of sUAS are developed in this manner and includes a single hand held radio controlled transmit ter or ground control station. The design does not allow for dual controls during flight training, therefore, an exemption is requested to train operators. Training wil l be conducted separately from live commercial flights. By conducting training in safe, pre

- scouted environments
, an equal l evel of safety will be achie ved.

 14 C.F.R. 91.119 (c)

– Minimum Safe Altitudes

o Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (b) 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. (c) 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. (d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or property on the surface

— (1) A helicopter may be operated at less than the minimums prescribed in para graph (b) or (c) of this section, provided each person operating thehelicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA.

UAS operations will be utilized at or below the maximum allowable altitude aut horized by COA. An equivalent level of safety will be achieved.

 14 C.F.R. 91.121

– Altimeter Settings

o Each person operating an aircraft shall main tain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating... SUAS are equipped with Global Positioning System (GPS), which provide altitude and geolocation data to the operator w ithout utilizing an altimeter. Due to this fact, an exemption is required. GPS are precise within a few feet and combined with fail

- safes and a visual observer the operation will mee t an equivalent le vel of safety

.

 14 C.F.R. 91.151(a)

– Fuel Requirements for Flight in VFR Conditions

o 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 landin g and, assuming normal cruising speed

— (1) During the day, to fly after that for at least 30 minutes;
This regulation will prohibit the use of sUAV based off of the conditions of a traditional aircraft. A majority of sUAS can fly for less than an hour while traditional aircraft can fly for hours at a time. Drobotixx, L.L.C. will use battery powered sUAV, which inhibits long flight times

. In order to achieve an equivalent level of safety, the PIC will comply with the manufacturers gui delines and fail safe systems.

 14 C.F.R. 91.215(b)

– ATC Transponder and Altitude Reporting Equipment and Use.

o All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A interrogations with the code specified by ATC, or a Mode S capability, replying to Mode 3/A interrog ations with the code specified by ATC and intermode and Mode S interrogations in accordance with the applicable provisions specified in TSO C

- 112, and that aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations by transmitting pressure altitude information in 100

- foot increments. This requirement applies

—

(1) All aircraft. In Class A, Class B, and Class C airspace areas;

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, secti on 1 of this part from the surface upward to 10,000 feet MSL; (3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originally certificated with an engine

- driven electrical system or which has not subsequently been certified with such a system installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part provided such operations are conducted

—(i) Outside any Class A, Class B, or Class C airs pace area; and

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 10,000 feet MSL, whichever is lower; and

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Clas s B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and

(5) All aircraft except any aircraft which was not originally certificated with an engine

driven electrical system or which has not subsequently been certified with such a system installed, balloon, or glider

—

(i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and October 26, 2015 Page 7 of 11

(ii) In t he airspace from the surface to 10,000 feet MSL within a 10

- nautical

- mile radius of any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the lateral boundaries of the surface area of the airspace desi gnated for that airport.

There is no sUAS that comes equipped with a transponder and no transponder is used for the sUAS. Drobotixx, L.L.C. is requesting exemption in order to operate in areas in which the transponder is required according to the regulations. The PIC wil l issue the appropriate NOTAMS and prior ATO coordination, thus, achieving a n equivalent level of safety as other manned aircraft who receive authorization to fly in airspace where a transponder is required. T h e PIC w ill abide by the altitude limits and airport standoff distances required by COA.

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b)

– Maintenance Inspections

o 91.405(a) States: Each owner or operator of an aircraft

— (a) 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

o 91.407(a)(1) States: (a) No perso n may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter o 91.409(a)

o 91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i

– iii), 2 (i

– vi)); (b) The owner or operat or shall retain the following records for the periods prescribed: (paragraphs 1

– 3)

T he PIC will perform the pre and post flight inspections and maintenance according to the manufacturer ’ s guidelines in the operations manual. I n the ca se of maintenance being required, the PIC will perform a test flight to ensure safety before commercial flights. All inspections or maintenance will be doc umented and kept and rec orded a binder for the inspected UAV. Drobotixx, L.L.C. will maintain an equivalent level of safety by following these actions.Commercial Operation

Under this exemption a ll Drobotixx, L.L.C unmanned aircraft will be controlled by a certifi ed PIC. At the very least, the PIC will hold a pilot certificate. In order to ensure a level of safety at least equal to the existing rules, we will abide by the following:

 Provide a pre

- flight briefing of any participating persons

.

 Clear the area of by standards or any other non

- participating personal, at a minimum of 500 feet
away.

 Will not take flight in overly populated areas to reduce risk of damages.

 Yield to manned traffic

.

 Conduct flight s only during dayli ght hours

.

 Abort flights in the safest way possible when not in compliance with the listed exemption s or Section 333 of the FAA Modernization and Reform Act of 2012

.

 Immediately a bort flights wh en public safety is compromised

.

 Keep documents, flight logs, manuals, authorizations and exemptions in a binder for each sUAS.

 Identify potential hazards to maintain a safe flight.

 Only operate in areas with the consent of the landowner or representative.

 Operate under the visual flight rules

.

 Maintain communication with visual op erators or participating personne l.

 Abide by the maximum altitude defined in the COA, which is determined by the installed GPS.

 Conduct pre

- flight planning in compliance with Section 91.103 Preflight Action

.

 Land UAS prior to the manufacturer’s recommended level of battery power.

An exemption will be needed in order to remain at an altitude at or below the altitude described by the COA from S ection 91.119 (c) . Following these standards will enable th e commercial operation to meet an equivalent level of safety to the regulation.

Unmanned Aircraft System
Drobotixx, L.L.C. is seeking exemption to operate DJI UAS. Such UAS include the following:

 The DJI Phantom 3 Standa rd

 The DJI Phantom 3 Professional

 The DJI Inspire 1

 The DJI Matrice 100
The listed UAS will be flown via RC Control and/or ground control using a laptop or tablet computer. Each of the listed UAS are GPS equipped, Lithium

- polymer batteries for power, and quadcopters

. Each UA listed has several fail

- sa fes for the loss of RC signal, loss of GPS, or low battery. Each fail

- safe operation is i ncluded in the guidelines of the respective op eration manual. All fail

- safe operations will trigger t he UA to automatically return and to the pre

- determined coordinate location. This location will be determined prior to all flight operations ensuring a safe return and landing, thus providing anequivalent level of safety. I request an exem ption from Section 91.151(b) Fuel requirements for flight in

VFR conditions , based off of the UA fail

- safe guards.
Based off of the size, weight, speed and controlled operating area of the UA, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) is requested . Each of the listed sUAS will display the registration number in bold and readable lettering. Drobotix x, L.L.C. seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will be conducted in accordance to the operations manual. Drobotixx, L.L.C. requests exemption from 91.7(a), which prohibits the operation of an aircraft without an airworthiness certificate and 91.9(b) (2) requiring an approved flight manual in the aircraft. None of the listed UA will be operating with an airworthiness certificate. Due to the size of the UA, the UA will be too small to carry operating documents. An equivalent level of safety can be achieved through keeping the operation manual in the binder with the ground control.

UAS PIC

– Pilot in Command
Drobotixx, L.L.C. will achieve an equi valent level of safety since the UA does not carry pilots or passengers. A commercial pilot license will not ensure RC piloting ability, as the motor skills are different. The risks of operating a UA are much less than in commercial activities outlined in 14 CFR part 61, et seq.. An exemption is requested from § 61.101 Recreational Pilot Privileges and Limit ations . PIC will maintain a recent flight experience and training will be conducted in a safe, pre

- scouted area separate from commercial operations.

Public Interest
By provid ing the procedures and precautions while operating a UA for commercial uses for purposes like agricultural crop inspection , architecture mapping , construction mapping and inspection
, real estate, power line inspection, security, aerial videography, photography and any other work utilizing aerial photography , Drobotixx L.L.C will achieve an equivalent level of safety. UA operations will provide the public with a safe viable resource for serving their aerial photography needs by utilizing a trained PIC service. Drobotixx, L.L.C will be associated with less risk of collateral damage to persons or property while serving the public. UA operations will have limiting disruptive noise pol lution which is associated with low altitude aviation operations.

Summary

Pursuant to Section 333 of PL 112

- 95 commonly known as the “FAA Modernization and Reform Act of 2012”, Drobotixx, L.L.C, hereby applies for authorization to conduct unmanned aerial systems (UAS) operations for the purposes of agricultural crop inspection , architecture mapping , construction mapping and inspection
, real estate, power line inspection, security, aerial videography, photography and any other work utilizing aerial photography

. Rules sought for exemption are as follows:

 14 C.F.R. Part 21 Subpart H

 14 C.F.R. § 45.23(b)

 14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii)

 14 C.F.R. § 91.7(a) 14 C.F.R. 91.9(b)

 14 C.F.R. § 91.103

 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. § 91.215(b)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(2)

 14 C.F.R. § 91.417(a) & (b)

Thank you for time and consideration in this exemption request. Drobotixx, L.L.C is committed to the safety regulations and precautions of UAS operation. Thro ugh our service, we believe we can contribute to the safe UAV environment for years to come. If you have any questions or concerns , please, feel free
to contact me at 773

- 494

- 2800.

Sincerely,
Joshua Perryman

Owner Drobotixx L.L.C contactus@drobotixx.com