October 14, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Dear Sir or Madam: Attached please find my request for an exemption from the listed Federal Aviation Regulations to allow com mercial operation of a Small Unmanned Aircraft Systems ("sUASs") for aerial imagin g for safety and monitoring of secured and controlled environment construction si tes. This exemption request is exclusively for the use of the 3DR IRIS+

. Also attached to this letter is the 3DR IRIS+ UAS Flight Manual, which out lines the operating requirements, limitations, and technical specifications for the system. I have reviewed this Manual and ha ve found it to be acceptable for sUAS operations on project sites. Appli cant submits this manual as a supplemental document Thank you for your time and consideration . P lea se let me know if you have any questions. Sincerely,

Frank M. TulpOctober 14, 20I5

U.S. Department of Transportation Docket Management System I 200 New Jersey Ave., SE Washington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act and Part II of the Federal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119; 91.12I; 91.15I( a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.4I7 (a) & (b). Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, I, Frank M. Tulp hereby apply for an exemption from the listed Federal Aviation Regulations ("F ARs") to allow commercial operation of its Small Unmanned Aircraft Systems (''sUAS") for aerial imaging for safety and monitoring of secured and controll ed environment construction sites, 

### a erial photography, aerial video and cinematography, agriculture mapping, wildlife and forestry monitoring, power line inspection , bridge inspection , roof inspection, pipeline inspection , structure inspection , accident imaging, real estate inspection and sales, special events, and thermal imagery so long as such operations are conducted within and under the conditions outlined herein or as may be establi shed by the FAA as required by Section 333. As detailed in this document and the attached Flight Manual, th e requested exemption would permit the operation my 3DR Iris+ under con trolled conditions in airspace that is I) limited 2) predetermined 3) controlled as to acce ss and 4) would provide safety enhancements to the already best practices safety protocols followed by Bec htel at each one of its construction sites. Approval of this exemptio n would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Admini strator's) responsibilities to “ ... establish requirements for the safe operation of such ai rcraft systems in the national airspace system." Section 333(c) of the Reform Act. The name and address of the applicant is: Frank M Tulp 1700 Lincoln Village Circle #2221 Larkspur, CA 94939 PH: 415

- 699

-6300 Email: franktulp@gmail.com Regulations from which the exemption is requested:
14 C.F.R. Part 210 I4 C.F.R. 45.23(b)O 14 C.F.R. 61.113 (a) & (b)14 C.F.R. 91.7 (a)O

14 C.F.R. 91.9 (b) (2)0 14 C.F.R. 91.1030 14 C.F.R. 91.1090 14 C.F.R. 91.1190 14 C.F.R. 91.1210 1 4 C.F.R. 91.151 (a) [J 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a)O 14 C.F.R. 407 (a) (1)0 14 C.F.R. 409 (a) (2)0 14 C.F.R. 417 (a) & (b)
I. STATUTORY AUTHORITY FOR EXEMPTIONS The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This sta tutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, 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 an y sections 44702

-44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(£) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1). Section 333(b) of the Reform Act assists the Se cretary in determining whether sUAS may operate in the National Airspace System (NAS) wit hout creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider:

• The sUAS's size, weight, speed, and operational capability; • Whether the sU AS operates within the visual line of sight of the operator • Whether the sUAS operates outside of highly populated areas and away from close proximity to airports Reform Act §333(a). If the Secretary determines that a s UAS "may operate safely in the national airspace system, the Secretary shall establish requi rements for the safe operation of such aircraft in the national airspace system." !d. §333(c). The 3DR Iris+ is a multirotor vehicle, weigh ing 10 or fewer lbs. including payload. It operate s under normal conditions at a spee d of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal pl ane simultaneously. The sUAS will operate only in the Pilot's vi sual line of sight at all times. Su ch operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public." Reform Act Section 333 (b). Given the small size of the sUAS involve d and the restricted environment within which I will operate, my applica tion falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, wou ld hopefully allow commercial operations of sUAS tocommence 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 presents no national security issue.
G iven 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 signifi cant public benefit, including enhanced sa fety, the grant of the requested exempti ons is in the public interest. Accordingly, I respectfully request that the FAA grant the requested exemption without delay.
II. PUBLIC INTEREST This exemption application is expressly submitte d to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. Thi s law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking re q uired under Section 333 of the Reform Act. By granting an exemption the FAA will fulfill Congress's intent of allowi ng UAS to operate with significant safety precautions in low risk environments. The use of sUAS on a construction site can si gnificantly reduce the risk to workers of falls while inspecting, surveying, or moni toring site progress. sUAS can inspect, photograph, and collect data on hard to get to area s that otherwise would require worker inspection including roofs . Falls are a leading source of wo rkplace fatality and injury on construction sites 1, and reducing falls through sUAS u se for site imaging could save workers lives. Additionally, sUAS could replace the use of hel icopters and small aircraft to monitor sites. The sUAS we propose to fly in this applicat ion are under 10 pounds, and carry no combustible material on board, as opposed to the much larger conven tionally powered small aircraft. This presents a marked safety increase for workers and the public. Lastly, sUAS reduce the enviro nmental impact by dramatically decreasing the energy used for aerial imaging and data collection over a c onstruction site. The 3DR Iris+ use s rechargeable lithium ion batteries, as opposed to fossil fuel s burned in operation of small aircraft that are many hundreds of times heavier. III. EQUIVALENT LEVEL OF SAFETY I propose that the exemption requested herein apply to sUAS that have the characteristics and that operate with the limitations li sted 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 represent a safety enhancement to the already safe protocols followed on construction sites and imaging a nd surveying operations conducted with helicopters and other conventional aircraft.I will be bound by the following limita tions when conducting its sUAS operations under an FAA issued

exemption:
1. The sUAS will be less than 55 pounds. 2. Fligh ts will be operated within visual line of sight of a pilot. 3. Maximum total flight time for e ach operational flight will be 20 minutes. The UAS 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 2 0 minute limit. 4. Flights will normally be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL. 5. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his visual line of sight at all times. 6. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in the Flight Manual. 7. The sUAS will only operate within a confined "Sterile Area" as defined in the Manual. The Manual also requires the establishment of a "Security Perimeter" for the flight operations area. 8. A briefing will be conducted in regard to the planned sUAS ope rations prior to each day's production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 9. All onsite personnel will consent to the UAS flyove r on site by waiver or oral agreement. 10. Pilot will have been trained in operation of sUAS gen erally an d received up

-to
-date information on the particular UAS to be operated

. 11. Written and/or oral permission from the relevant property holders will be obtained. 12. All required permissions and permits will be obtained from territorial, sta te, county or c ity jurisdictions, including local law enforceme nt, fire, or other appropriate governmental agencies. 13. If the sUAS loses communications or loses its GPS sign al, it will have capability to enter "loiter mode" and hover, reestablish satellite connection, and return to a predetermined location within the Security Perimeter and land.
IV. 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 propo sed operations can achieve the equivalent level of safety of current operations by requiring the Pilot operating the aircraft. Unlike a conventional aircraft tha t carries the pilot and passengers, the sUAS is remotely controlled with no l iving thing or cargo on board. My sUAS is also operated by an au topilot, which greatly reduces the danger of human error. The area of operation is control led and restricted

. The sUAS to be operated is less than 10 lbs. fully l oaded, carries neither a pilot nor passenger, carries no explosive materials or flamma ble liquid fuels. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator in compliance with both FAA and local public safety requirements, to provide security for the area

.The risks associated with the operation of the sUAS are therefore diminished from the level of risk

associated with commercial operation s contemplated by Part 61 when drafted, and allowing operations of the sUAS as requeste d by me who is a licensed commercial pilot that achieves the level of safety contemplated by 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. 91.103: Preflight Action This regu lation requires each pilot in command take ce rtain 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 weath er conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist in the Manual. These actions will provide an equivalent level of safety 14 C.F. R. 91.119: Minimum Safe Altitudes Section 91.119 establis hes safe altitudes for operation of civi l aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minim ums prescribed, provided the person operating the helicopter complies with any rou te or altitudes prescribed for helicopters by t he FAA. This exemption is for a multirotor c raft that flies similarly to a helicopter, with vertical take off and vertical landing, w hich will typically operate at altitudes of 2 00 AGL or lower, so an exemption may be needed to allow such operations. The sU AS will never operate at altitude higher than 400 AGL

. B uildings and people wil l not be exposed to operations without their pre

-obtained consent. The equivalent level of safety will be achieved given th e size, weight, speed of the sUAS as well as the location where it is operated. No flight will b e taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and any onsite personnel as outlined in the Manual, al l affected individuals will be aware of the planned flight operations. Unlike flight operations with aircraft or rotorcraft weighing far more than the maximum 10 lbs. proposed h erein, our sUAS will not carry flammable fuel. In addition, the low

-altitude operations of the sUAS will ensure Separation between sUAS operations and the operations of conventional 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 departure 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 ne eded. An equivalent level of safety will be achieved by the op erator, pursuant to the Manual and Safety Check list, confirming the altitude of th e 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. The sUAS is limited to operations in sterile and controlled environments as outlined in the Manual, and has a limited range and flight time w hich require an exemption from 14 CFR 91.151(a). The battery powering the sUAS provides approximately 20 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would not be able to fly . Given the limitations on the sUAS's proposed flight area and the location of its proposed ope rations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. I believe that

-an exemption from 14 CFR §91.15 1(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operatin g the small sUAS, in a tightly controlled area where only people and property owners o r official representatives who have signed waivers will be allowed, with less than 30 min utes of reserve fuel, does not engender the type of risks that Section 91.151 (a) was intended to alleviate give n the size and speed of the small UAS. Additionally, l imiting sUAS flights to 15 minutes would greatly reduce the utility for which the exemption will be granted. An equivalent level of safety can be achieved by limiting flights to 15 minutes, or enou gh battery reserve to ensure that the sUAS lands at the groun d 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 Exemptions 2689F, 5745, 10673, and 10808. 14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Mai ntenance 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 inspe ct 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 a 3DR Iris+ . Maint enance will be accomplished by the opera tor pursuant to the flight manual and operating handbook . An equivalent level of safety will be achieve d because these small sUAS are very limited in size and will carry a small payload and operat e only in restricted areas for limited periods of time. If m echanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL. The Pilot will ensure that the sUAS is in working order prior to initi ating flight, perform required maintenance, and keep a log of any maintenance perform ed. Moreover, the Pilot is the person most familiar with 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 that 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);l4 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 (55lbs or less) in construction operations. Approval of exe mptions allowing commercial operations of sUAS in the construction , agriculture, film and other industries enhances safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger, ha ve 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 give n the reduced mass and lack of combustible fuel carried on board. The sUAS will ca rry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. 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 gra nt of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operatio ns. These lightweight aircraft operate at slow speeds, close to the ground and, as a resul t, are far safer than conventional operations conducted with tu rbine 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 a nd knowledge. Images taken will be of individuals who have also consented to being 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 of2012

--size, weight, speed, operating capabilities, proximity to ai rports and populated areas and operation within visual line of sight and national security

- provide more than adequa te justification for the grant of the requested exemptions al lowing commercial operation of applicant's sUAS Sincerely,

Frank M Tulp