# ~OLSINELLI *• • ,.,... ..... 1515 Wynkoop, Suite 600, Denver, CO, 80202 • 303.572.9300 ·

October 13, 2015

VIAFED EXONLY (TRACKING#7747 2600 6513) U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200NewJerseyAve., SE Washington, DC 20590**~** · r ,...........·:-**~** t t



### .'.I 

# .-· Ramsey Ammar 303-583-8229 rammar@polsinelli.com

Re: Petition ofDroneWerxMediaLLCfor ExemptionPursuantto Section 333 of theFAA Modernization andReform{letof 2012 r Dear Sir orMadam: Pursuant to Section**33~** ofthe FAA Modernization andReformActof 2012 ("FMRA") and 14 C.F.R. Part 11, DroneWerxMedia LLC ("The Company"), operator ofSmall Unmanned Aircraft Systems ("sUASs") equipped to conduct videography, photography, inspections, monitoring, surveying, 3D modeling and other aerial data collection services ("Uses"), hereby applies for an exemption from the below listed Federal Aviation Administration Regulations ("FARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and under the conditions outlined herein, in accord with the enclosed Company Operations Manual ("Flight Operations Manual"), in compliance with the sUAS Operator's Handbook and all manufacturers' operations and/or instructions manuals ("Operator's Handbook") 1

, and in strict compliance any and all rules, regulations, and practices as may be established by the Federal Aviation Administration ("FAA") for the operation ofa sUAS.

1 The Flight Operations Manual and Operator's Handbook both contain confidential, trade secret and proprietary information that F4D Studio has not and will not share with others. Petitioner submits the Flight Operations Manual and Operator's Handbook and all information containedtherein as proprietary and confidential informationpursuant to 14 C.F.R. § 11.35(b). The Flight Operations Manual and Operator's Handbook contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom ofInformation Act, 5 U.S.C. § 552 etseq. polsinelli.com Atlanta St. Louis Chicago Dallas Washington, DC Polsinelli PC. Polsinelli LLP in California Denver Wilmington Kansas City Los Angeles Nashville NewYprk Phoenix San FranciscoUS Department ofTransportation October 13, 2015 Page2 

# ILEGAL AUTHORITY AND OVERVIEW

. 1. Legal and Regulatory Framework The FMRA provides that "the Secretary ofTransportation shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace system

..." prior to final completion oftherequired Reform Actplan and the subsequentrule-making. § 333(a). In making this determination, the Secretary ofTransportation shall determine, at a minimum- (1) Which types ofunmanned aircraft systems, if any, as a result oftheir size, weight, speed, operational capability, proximityto airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system orthepublic orpose a threat to national security; and (2) Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is required for the operation ofunmanned aircraft systems identifiedunderparagraph (1). §333(b) (1)-(2). Finally, §333 provides that "[i]fthe Secretary determines underthis section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system." §333(c). The FAA has promulgated guidance for UAS users that wish to obtain a Section 333 exemption. The FAAhas recommended that an applicant discuss the following items:
) 1. The safe operation of a UAS to minimize**ris~** to the National Airspace ("NAS"), including the operational characteristic for the type ofUAS intended for use, operating procedures, and aircraft loadinginformation; 2. Operational procedures, includingpre-flightinspections, maintenance, and repair; 3. Radio Frequency ("RF") spectrum used for control ofthe UAS and associated equipment that is part of the UAS and whether it complies with Federal Communications Commission ("FCC") or other appropriate government oversightrequirements; 4. A description ofthe Pilot in Command ("PIC") directly responsible for the operation of the UAS, including the level ofairman certificate held, any applicable training related to the operation, and anyminimum hours offlight experiencerequired bythe PIC, bothtotal flight time and the time with theparticularUAS; 5. The medical standards and certification ofthe PIC directly responsible for the operation ofthe UAS; 6. The intended UAS operations, including how the operation would not adversely affect safety, orhow they would provide a level ofsafety at least equivalentto that providedby the rule from whichexemptionis sought; 7. The proposed maximum operating speed and altitude, and describe the minimum flight visibility and distance from clouds for their intended operations, including any potential hazards and safety mitigations associated with these proposed conditions;US Department ofTransportation October 13, 2015 Page3

8. The characteristics ofthe area ofintended operation and the associated potential hazards andproximityto populated areas; 9. Theproximityto airports; 10. A description ofhow the application intends to operate the UAS within visual line-ofsight ("VLOS"); 11. Anyprocedures to conduct apreflight safetyrisk assessment to determine that theUAS is ina conditionfor safe flight and thattheplanned operation canbecompleted safely; 12. To the extent the activity involves operations that have existing requirements, such as motion picture and television filming, or pipeline and power line control, how the application intends to complywith suchregulations; and 13. The applicant's intent to obtain a Certificate ofWaiver ofAuthorization ("CO 

### A'') from the FAAAirTraffic Organization. Additionally, the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from§§ 44701(a), (b) and §§ 44702-44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety(or how itwould provide a level ofsafety at least equal to the existingrules). See 14 C.F.R. § 11.81 (petitions for exemption). 

### 2. The CompanyMeets andExceeds theLegalandRegulatoryRequirements As will be shown herein, The Companymeets and exceeds the stated §333 requirements as well as the guidancepromulgated bythe FAA. Theproposed operations inthis petition for exemption qualify for expedited approval under §333 ofthe FMRA. Each ofthe statutory criteria and other relevant factors are satisfied. The proposed operations permit the use of small and relatively inexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access; and that (4) provides an increased level ofsafetybeyond that existing when fixed orrotor wing aircraft are used to accomplishthe samepurpose. The Company's sUASs are the DJI 81000, Inspire, Phantom Vision II Plus and Phantom Vision III multi-rotors, each weighing 55 or fewer pounds, including payload. They operate, under normal conditions, at low speed and have the capability to hover and move in the vertical and horizontal plane. The Company's UASs will operate in line ofsight, orpursuantto the prevailing FAA regulations and guidance, and will only operate within those areas described in the enclosed Flight OperationsManual. Given the small size ofthe sUASs involved and the restricted environment within which they will operate, the comprehensive safety and operational parameters used by The Company, and The Company's commitment to compliance with the FAA'sregulations now and into the future, this petition exemption falls within the equivalent level ofsafety that Congress desired the FAA to permit commercial UAS operations by exemption pending completion offormal rulemaking. Also, due to the size ofthe sUASs and the restricted area in which the sUASs will operate,US Department ofTransportation October 13, 2015 Page4 approval ofthe application presents no national securityissue. Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger, (2) improving operations related to the Uses and decreasing operating costs, and (3) providing an environmentally conscientious way ofproducing operations related to the Uses. Considering the clear direction in §333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, the grant ofthe requested exemptions is also in the public interest. Accordingly, The Company respectfully requests the FAA grant the requested exemptionwithout delay. 

# IMEET Drone

# w_erxMedia LLC

DroneWerxMedia LLC is a Colorado limited liability corporation that operates Small Unmanned Aircraft Systems equipped to conduct videography, photography, inspections, monitoring, surveying, 3D modeling and other aerial data collection services. The Company works with clients across many industries, including but not limited to oil and gas, coal, agricultural, industrial and commercial industries to provide the client with images, videos, data and other aerial datacollection services needed to.supportand growtheirbusiness. Contact for DroneWerxMedia: Drone WerxMedia Attn: StevenPaul Marlenee 397 Sorrel Drive Windsor, CO 80550 970-227-7977 

# IPROPOSED OPERATIONS

The enclosed Manuals describe, in detail, the policies and procedures for The Company's proposed sUAS operations. To assist the FAA in its safety assessment of The Company's proposed sUAS operations, below is a summary ofoperational limitations and conditions, which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines: 1. The sUAS will weighless than 55 pounds. 2. Flights will beoperated within line ofsight ofthe Operator. 3. Maximum total flight time for each operational flight will be limited to the amount oftime the sUAS canbe flown and still maintain a reserve batterypower ofno less than 25%.

### US DepartmentofTransportation October 13, 2015 PageS

4. Flights will be operated at an altitude ofno more than 500 feet Above Ground Level ("AGL"). 

### 5. Flights will be operated at a safe lateral and vertical distance from and above any inhabited structures, buildings, vehicles, vessels, orpeople not associated with the operation orwho have not signed awaiver in advance ofthe operation. 6. The sUAS Pilot with Pilot in Command responsibilities for the flight will be the designated Operator ("Operator"). 

### 7. The sUAS will operate only within a confined area as described in the Flight Operations Manual. 8. A briefmg will be conducted in regard to the planned sUAS operations prior to each day's missions. It 

### will be mandatory that all personnel who will be performing duties withintheboundaries ofthe safetyperimeterbepresent for this briefing. 9. The**Op~ator** 

### will have beentrained in operations ofsUAS generally and received up-to-date information on the particular sUAS to be op<;:rated as required in the Flight Operation Manual. 10. Written and/or oral permission from the relevant property holders will be obtained. 11. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 12. Ifthe sUAS loses transmission signal, the sUAS will have the capability to return to apre-determined location and land. 13. Contingency plans will be in place to safely terminate flight ifthere is a loss of transmittercommunications ora loss ofGPS signal. 14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles oremergencies. 

# IREQUESTED EXEMPTIONS

The 

### Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 

### 40101 ofthe Act, including sUASs, from its safety regulations and minimum standards when the Administrator decides arequested exemption is inthepublicinterest. Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 91 for purposes ofconducting the Uses, and other aerial data collection services. Listed belowUS Department ofTransportation October 13, 2015 Page 6

are (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety betterthan or equal to therules from which exemption is sought. 

### A. 14 C.F.R. Part 21, Subpart H - Airworthiness Certificates and 14 C.F.R. § 

### 91.203(a) and (b) Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance ofairworthiness and registration certificates as required by 14 C.F.R. Given the size and limited operating area associated with the sUAS to beutilized bythe Petitioner, an exemption from Part 21, Subpart H, meets therequirements ofan equivalent level ofsafety underPart 11 and §333 ofthe FMRA. The Federal Aviation Act and §333 ofthe FMRA both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness or registration certificate, in the restricted environment and under the conditions proposed, will be at least as safe as, or safer than, a conventional rotorcraft operating with an airworthiness certificatewithoutrestrictions and conditions ofthe proposed sUAS operations. Equivalent Level ofSafety The sUAS to be operated hereunder, DJI SlOOO, Inspire, Phantom Vision II Plus and Phantom Vision III multi-rotor, weighs less than 

### 55 pounds with payload, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and sterile area. Unlike other civil aircraft, the proposed operations will be controlled and monitored by the Operator pursuant to the Flight Operations Manual's requirements, as attached. These safety enhancements, which already apply to civil aircraft operated in connection with existing operations for the uses, provide a greater degree ofsafetyto The Company's employees, members of the public, and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that thereis no credible threat to national securityposed bythe sUAS, due to its size, speed ofoperation, lack of explosive materials or flammable liquid fuels, and inabilityto carry a substantial external load. 

### B. 14 C.F.R. Part27 Airworthiness Standards: NormalCategoryRotorcraft 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification ofnormal categoryrotorcraft. To the extent The Company would otherwise require certification under Part 27, The Company seeks an exemption from Part 27's airworthiness standards for the same reasons Identified in the exemptionrequest from 14 C.F.R. Part21, SubpartH.US Department ofTransportation October 13, 2015 Page 7 ·""

C. 14 C.F.R. 

### § 61.113: Private PilotPrivileges AndLimitations Petitioner seeks an additional exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation orhire, and which would also have the effect ofrequiring a second-class medical certificate. This provision limits private pilots to noncommercial operations. EquivalentLevel ofSafety Because the sUASs will not carry a pilot orpassengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring a ground crew member to have a privatepilot's licenserather than a commercials pilot's license to operation this sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no persons on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. Therisks associated with the operation ofthe sUASs are so diminished from the level ofrisk associated with commercial operations contemplatedbypart 61 when drafted, that allowing operations as requested with a private pilot in the ground crew exceeds thepresentlevel ofsafety achievedby 14 C.F.R. Sec. 61.113(a) and (b). In addition, in Grant of Exemption No. 11062 to Astraeus Aerial ("Astraeus"), the FAA determined that an Operator with a private pilot certificate operating the Astraeus UAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground. Additionally, as previously determined by the Secretary of Transportation, the requirement to have an airman certificate ameliorates security concerns over civil UAS operations conductedin accordance with §333. The aerial data collection conductedbyTheCompany will be conducted in areas where access to the public is limited and controlled. As such, the operations will have no substantial impact on any third persons not involved in the production. The Company also has a policyto conduct its operations, when possible, during times when third persons not involved in the production are expected to be limited and to the extentpossible, to provide notice to affected third persons when production and operations will occur. Because The Company will operate in controlled areas and under controlled parameters, the sUAS will be flown based on visual line-of-sight at altitudes below 500' AGL. Accordingly, The Companyrequest that this exemptionbegranted. D. 14 C.F.R. 

### §§ 91.9(c), 45.23(b) and 45.27(a): AircraftMarking and Identification Requirements Petitioner seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that "[n]o person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance**w~th** Part 45 ofthis chapter.''US DepartmentofTransportation October 13, 2015 Page 8 Equivalent Level ofSafety The equivalent level of safety for exemptions to the aircraft marking and identification requirements of§§ 91.9(c), 45.23(b) and 45.27(a) will be provided byhaving the sUAS marked on its fuselage as required by§ 45.29(f). In addition, The Company is aware ofExemption No. 11333, which required the sUAS's markings to be "as large as practicable." The FAA has previously issued the following related exemptions to the aircraft marking requirements of § 45.23(b): ExemptionNos. 10700, 10167 and 10167A. E. 14 C.F.R. 

### § 91.9(b)(2): CivilAircraftFlightManual intheAircraft The Company seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), which states: (b) No personmayoperate a U.S.-registered civil aircraft-

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane orRotorcraft Flight Manual, approved manual material, markings and placards, or. any combination thereof. Given the physical dimensions ofthe sUAS, configuration and load capacity, the sUASs have no ability to carry such a manual on the aircraft, not only because there is no pilot on board, but becausethere is simply no room orcapacityto carry such an item on the aircraft. EquivalentLevel ofSafety The safetyrelatedpurpose ofthismanual requirement canbeequally satisfiedbymaintaining the sUAS flight manual at the ground control point where the Operator will have immediate access to it. Accordingly, The Company requests an exemption from 91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be available at the control point during each operation. The FAA has issued the following exemptionsto this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 10700, and 11333 ("documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS anytime the aircraft is operating.") F. 14 C.F.R. 

### § 91.7(a): CivilAircraftAirworthiness The Company seeks an exemption from ·14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. Inasmuch there will be no airworthiness certificate issued for the sUAS, should this exemptionbegranted, no FAA regulatory standard will exist for determining airworthiness. EquivalentLevel ofSafetyUS Department ofTransportation October 13, 2015 Page9

The DJI S1000, Inspire, Phantom Vision II Plus and Phantom Vision III have stellar safety records, demonstrating that the sUAS is airworthy. Further, given the size ofthe sUAS and the requirements contained in the Flight Operation Manual for maintenance and pre-flight safety check lists, an equivalentlevel ofsafetywill beprovided. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738,9299,9299A,9565,9565B, 10167, 10167A, 10602,32827, 10700,and 11333. 

### G. 14 C.F.R. § 91.103: PreflightAction The Company seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA-approved flight manual on board the aircraft. While the Operator will be familiar with all information necessaryto safely conduct the flight, an exemption is requested to the extentthat an FAA-approved flight manual is required onboard the aircraft. Equivalent Level ofSafety An equivalent level of safety will be provided by following the Operator's Handbook. The Operator will take all required preflight actions

- including reviewing weather, flight battery requirements, landing and takeoffdistance, and aircraft performance data

- before initiation of flight. The Operator's Handbook will bekept at the ground station with the operator at all times. Further, The Company will utilize all safety and manufacturer's manuals to ensure it adheres to thehighest standards for safetywithin the industry. 

### H. 14 C.F.R. § 91.105 FlightCrewMembers atStations Petitioner seeks an exemption from 14 C.F.R. 91.105, whichprovides that "eachrequired flight crewmember shall beat the crewmember station

... keep the safetybeltfastened

... (and] keep his orher shoulder harness fastened while athis orher assigned duty station. Equivalent Level ofSafety In general, § 91.105 requirespilot and crewto be attheirduty stations and harnessed during flight. Petitioner seeks exemptionfrom Section 91.105 becausethe sUAS inthe instantpetition isbydefinition an unmanned aircraft, havingneitherpilotnor crew so as to be stationed or harnessed as requiredbythe regulation. An equivalent oreven higher level ofsafetycanbe providedinstead byusing anunmanned aircraft controlledbyaPIC who at all times is located at and controls the sUAS from the ground control system. 

### I. 14 C.F.R. § 91.109(a): FlightInstruction The Company seeks an exemption from 14 C.P.R.§ 91.109(a), which provides that "[n]o person may operate ·a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." sUASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a box that communicates with the aircraft via radioUS Department ofTransportation October 13, 2015 Page 10

communications. Equivalent Level ofSafety Given the size and speed ofthe sUAs;an equivalent level ofsafe training can still beperformed without dual controlsbecauseno pilotorpassengers are aboard the sUAS, and all persons will be a safe distance away in the event that the sUAS experiences any difficulties during flight instruction. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See, Exemption Nos. 5778K & 9862A. The equivalent level ofsafety isprovidedbythe fact that neither a pilotnorpassengers will becarried inthe aircraft and bythe size and speed ofthe aircraft. Enhancing this safety is the technology inherent in the remote controls utilizing digital communications that are paired to the sUAS, making it nearly impossibleto unintentionally orintentionallyhave the control conmiunications interrupted. TheFAAhas approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. Exemptions include: Nos. 5778K and 9862A.

- J. 14 C.F.R. 

### § 91.119: Minimum SafeAltitudes Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.P.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non-congested areas. See 14 C.P.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons orproperty onthe surface," provided that "eachperson operatingthehelicopter complies with anyroutes oraltitudes specificallyprescribed for helicopters bythe FAA." To provide the intended operations for the Uses, the sUAS is normally operated below 500 feet AGL. Additionally, due the nature ofthe proposed operations, the sUAS will maintain a safe lateral and vertical distance from inhabited structures, buildings, vehicles, and vessels, and from peoplenot associated withthe operation. EquivalentLevel ofSafety Compared to flight operations with rotorcraft weighing far more than the maximum 55 pounds proposed herein, and given the lack offlammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level ofsafety will be achieved given the size, weight, and speed ofthe UAS, as well as the location where itis operated. As set forth in the Flight Operation Manual, the sUAS will be operated in a confined area, where buildings and people will not be exposed to operations without their pre-obtained consent. Because of the advance notice to the property owners and participants, all affected individuals willbewell aware oftheplanned flight operations as set forth inthe Flight Operation Manual.US Department ofTransportation· October 13, 2015 Page 11

Furthermore, byoperating at such lower altitudes, the sUAS will not interfere with other aircraft that are subject to the minimum safe altitude regulations. Finally, the successful safetyrecords of the DJI S1000, Inspire, Phantom Vision II Plus and Phantom Vision III demonstrates that the sUAS canbe safelyused atthese lower altitudes and closer operating environments. K. 14 C.F.R. 

### § 91.121: AltimeterSettings This petition seeks an exemption from 14 C.P.R.§ 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level byreference to an altimeter that is set to the elevation ofthe departure airport or barometric pressure. An exemption is required because the sUAS does nothave abarometric altimeter, butrather a GPS altituderead out. Equivalent Level ofSafety An equivalent level ofsafety will be achieved by following the procedures set forth in the Flight Operation Manual. As prescribed in the Flight Operation Manual, the operator will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the Operator will use the GPS altitude indicator to constantly monitor the sUAS's height, thus ensuringoperation at safe altitudes. L. 14 C.F.R. 

### § 91.151(a}: FuelRequirementsfor FlightinVFRConditions The Companyrequests an exemption :from 14 C.P.R. § 91.151(a}'s fuel requirements for flight in VFR conditions. Section 91.151 states: (a} No person maybegin 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 ofintended landing and, assumingnormal cruising speed (1} Duringthe day, to fly afterthat for at least 30minutes; or (2} Atnight, to fly afterthat for at least 45 minutes. Here, the batteries poweringthe DJI S1000, Inspire, PhantomVision II Plus and Phantom Vision III provide on average less than the 30 minute reserve requirement. To meet the 30 minute reserve requirement in 14 C.P.R. § 91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's proposed flight area and the location ofits proposed operations within a predetermined area, a safety margin based on a reserve amount of battery life is needed. Petitioner will notbe conducting any sUAS flights at night. Equivalent Level ofSafety An equivalent level ofsafety will be achieved because the operations will be conducted on-site without significant transit timebythe sUAS. All flights will beplanned to beterminated with no less than 25%reservebatterypower still available. This restriction would bemore than adequate to return the sUAS safely to the ground and its planned landing zone from anywhere in its limited operating area even in the event ofan unexpected occurrence. Operation ofthe sUASUS Department ofTransportation October 13, 2015 Page 12

with less than 30 minutes ofreserve fuel does not include the type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS, and the proximity ofthe flight operation to the landing zone. This request for exemption falls within the scope ofprior exemptions, including Exemption Nos. 10673, 2689F, 5745, 10673, 10808 and 11333. M. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration The Company seeks an exemption from civil aircraft certification and registration requirements of 14 C.F.R. §91.203(a) and (b). Theregulation states inpertinentpart: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has withinit the following: (1) An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that itis legible to passengers or crew. An exemption to this regulation is necessary because: (1) the sUAS's configuration, load capacity and size does not allow it to carry certification and registration documents; (2) the sUAS does not have a cabin or cockpit entrance at which documents could be displayed; and (3) there areno passengers or crew for whom the certificates need to be displayed. Equivalent Level ofSafety To the extent these regulations are applicable to the proposed sUAS operations, an equivalent level of safety will be achieved by keeping these documents at the ground control point where the Operator will have immediate access to them. The FAAhas issued numerous exemptions to this regulation, including: ExemptionNos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. M. 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections The Company also seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(l), 91.409(a)(2), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpart E ofthis part and shall between required ions

...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the sUAS will not have.US DepartmentofTransportation October 13, 2015 Page 13 EquivalentLevel ofSafety An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Operator's Handbook as referenced in the Flight Operation Manual. As provided in theFlight Operation Manual, the operator will ensurethat the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenanceperformed. The operator is thepersonmost familiar with the aircraft and best suited to maintainthe aircraft in an airworthy condition to provide the equivalent level ofsafety. If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods oftime during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation. 

# IPUBLIC INTEREST

Granting The Company's exemption furthers the public interest on numerous levels. National policy set by Congress favors early integration ofUAS into the national airspace in controlled, safe working environments such as those propose in this petition. In addition, maintaining industrial safetyhas been apriorityofstate and local governments for decades. · The Company also believes that the use ofsUASs for the Uses serves a valuable public interest and addresses a common public concern: safety. The use of sUAS's in a controlled and safe manner, as described herein. In addition, in the event ofan unforeseen incident, a sUAS causes far less disruption than traditional aircraft. In addition, conducting the Uses with the sUAS, instead of manned aircraft, meets another common public concern in the noise and pollution caused by traditional aircraft. The use ofa

·sUAS significantly reduces the levels of air and noise pollution generated during traditional operations related to theUses. By using battery power and electric motors, the sUAS produces no airpollution, and is the most viable environmentally conscious alternative to piston orturbine powered rotorcraft. The sUAS, while reducing the carbon footprint of traditional aerial data collection services,

. also eliminates noise pollution as its battery powered electric motors are barely audible during the take-offphase, and cannotbeheard when operating more than 100 feet above ground level. Byusing the sUAS to performthe Uses, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack ofaircrew members located onboard the aircraft, the minimal size and weight ofa sUAS creates less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct theUses. Relatedly, the sUAS contains no reactive or combustible materials onboard and thus thepotential for fire orexplosions is greatlydiminished.
In addition, granting the exception will help advance the knowledge base for conductingUS Department ofTransportation October 13,2015 Page 14

commercial UAS operations. This additional data will help the FAA set future rules regarding UAS flight operations, maintenance, and crew qualifications. The public also has an interest in reducing the hazards and emissions associated with alternate use of helicopters to conduct similaroperations relate to the Uses. TheUAS in question is very lightweight and does not carry any flammable fuel, further reducingtherisk from anypotential accident. 

# IPRIVACY

All oftheproposed flights and videographywill be only conducted after obtaining anyindividual subject matter's permission. All flights will occur over public right-of-way or private property with theproperty owrier's prior consent and knowledge. Theproposed operations will not impact privacy concerns beyond those already implicated by manned aircraft aerial data collection operations. 

# IFEDERALREGISTRY SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should itbedetermined thatpublicationisneeded: DroneWerxMedia seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 45.27 (a); 14 C.P.R. 61.113; 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.9(c); 14 CFR 91.103; 14 CFR 91.105; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFit91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1)and (2); 14 CFR 91.417 (a) & (b). Approval of these exemptions allowing commercial operations of small and lightweight unmanned aircraft ("sUAS") to conduct the Uses will enhance safety by reducing risk to The Company, the generalpublic and propertyowners. The DJI S1000, Inspire, Phantom Vision II Plus and Phantom Vision III sUASs, weighing less than 55 pounds, withpayload, and poweredbybatteries, eliminates virtually all ofthatrisk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is transported to the designated survey area set up. It is not flown from an external location to the work-site. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated withmanned aircraft flights. The operation ofthis small UAS will provide an equivalent level ofsafety, supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight sUASs operate at slow speeds, close to the ground, and in a controlled environment. As a result, they are far safer than conventional operationsrelatedto theUses are conductedwith fixed wing aircraft orhelicopters.

## .. US Department ofTransportation October 13,2015 Page 15 

# ICONCLUSION

Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012-size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security-providesmore than adequatejustificationfor the grant ofthe requested exemptions to permit The Company to operate sUASs in support ofthe Uses and aerial data collection operations in accordance with the Flight Operation and Operator's Handbook appended hereto. Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger, (2) improving operations related to the Uses and decreasing operating costs, and (3) providing an environmentally conscientiouswayofproducing operations for the Uses. Sincerely,

RamseyAmmar Ends: Flight Operations Manual (CONFIDENTIAL- NOT FORPUBLIC RELEASE) 

### sUAS Operator's Handbook (CONFIDENTIAL- NOT FORPUBLIC RELEASE) 

### Exhibits-- DJI SlOOO Manufacturer's Safety and Use Guides Exhibits-- Inspire Manufacturer's Safety and Use Guides Exhibits-- Phantom Vision II Plus Manufacturer's Safetyand Use Guides Exhibits-- Phantom Vision III Manufacturer's Safety andUse Guides