August 21st 2015

U.S. Dept. ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 New JerseyAvenue, SE., Washington, DC 20590 Dead On Design 11 Central

### Ave East Quogue, NY 11942

VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM

Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear Sir or Madam: Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "ReformAct") and 14 C.F.R. Part 11, Dead On Design, seeks an exemption from FederalAviation Regulations ("FARs") detailed below forthe following described Unmanned Aerial System called in this application the ME System, which includes an UnmannedAircraft (UA) and ground stationbased equipment and crew: THE UNMANNEDAIRCRAFT (UA): 

## 00 A lightweight (20 lb gross weightwith all on-board equipment), manufactured by DJI, T-600 Inspire 1that includes thefollowing equipment in flight; 

## 00 An on-board flight computerwith GPS navigation and location abilitythat receives signals for flight controls from a ground-based transmitter/controller; 

## 00 An on-board camera capable of capturing imagery in the form offull color, high definition still photos and video; 

## 00 An on-board telemetry system that delivers flight data from the on-board flight computerto the on-board radio transmitter including altitudeAGL, horizontal and vertical speed, compass direction offlight and direction backto its launch site; 

## 00 A2.4GHz on-board radio transmitterthat transmits live video from the on-board camera plus all the flight data from the telemetrysystem described above;
THE GROUD STATION -BASED PART OFTHE SYSTEM: 

## 00 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controlsthe UAwhile in the air; 

## 00 A 2.4GHz radio transmitter/controller operated bythe PIC to control the UAwhile in flight; 

## 00 A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen forthe PIC to view during flight; 

## 00 AVisual Observer (VO) is a person who provides a second pair of eyes to visuallytrackthe UAwhile in flight.The requested exemption would support an application for a commercial Certificate of Authorization to use the above described ME System to support video and photographyfor, real estate never operating over persons not directly involved with the ME system. The UA, powered by batteries, is smaller, lighter and more maneuverablethan larger aircraft running on combustiblefuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death orserious bodily injury. With a small payload and maximum flight time of only 18 minutes, this is offers little or no riskto national security. Low level oblique photos and video from several angles are far more effectivethan groundbased imageryfor displaying the characteristics of large, complex properties with several buildings and largetrees. The alternative could be to charter a full-sized helicopterforthis purpose, which has proven more costlythan many potential clients are ableto afford. The benefits of reduced cost and improved quality of presentation from the UAwill be valuable to and benefit many buyers and sellers of real property and marine property. Additionally, we requestthatwe be allowed to use oursystem to benefitfirst responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subjectto all limitations cited in this application as we do so. The ME System will be operated in the field with both a PIC and aVO in accordance with FAA Policy N 8900.227 Section 14"Operational Requirements for UAS" and with the following Restrictions: a) No flight will be made with a UA Gross weight exceeding 55 pounds; b) All operations must occur in FAAClass G airspace at no more than 400 

### ItAGL, at an airspeed of no more than 50 knots and no further than 3/4 NM from the PIC; c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate byvoice at all times during aflight operation; d) Operations will be restricted to flights over property with the permission ofthe propertyowner; e) The PIC must have accumulated and logged, in a mannerconsistent with 14CFR 

### § 61.51 (b), a minimum of 100flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at least ten hours logged as a UApilotwith a similar UA type; f) All required permits will be obtained from state and local government priorto operation; g) The ME System will not be operated over densely populated areas; h) The ME System will not be operated at air shows; i) The ME System will not be operated over any open-air assembly of people; 

### j) The ME System will not be operated over heavilytrafficked roads; k) The ME System will not be operated within 5 NM of an airport or heliport; I) Operations will be restricted to day only and weather conditions equivalentto VFR; m) The PIC will briefthe VO and propertyowner aboutthe operation and risk before the first flight at each new location; n) No flight may be made without a Pre-Flight Inspection bythe PIC before each operation to ascertain thatthe UA is in a condition safe forflight (seeAppendixA).The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part oftheir initial training.
We submitthatthe combination ofthe UA's lightweight, flight performance and ability, fully qualified flight crew and strict operation underthe guidelines established in 8900.227, and under all ofthe Restrictions (a) through (n) listed above, the FAA can have full confidencethatthe operation will have an equivalent or greater level of safetythan manned aircraft performing the same mission.
The name and contact information ofthe applicant are: Dead On Design Ph: 631-887-6000 Email: JL@deadondesign.com
The regulations from which the exemption is requested are listed below. Beside each regulation number is the page ofthe attached Addendum upon which each may be found togetherwith our proposed equivalent level of safetyfor each regulation:

- 14CFR Part 21

.................................Addendum Page 1

- 14CFR 91.203

.................................Addendum Page 1

- 14CFR 45.23, 45.29

..........................Addendum Page 2

- 14CFR 91.9

....................................Addendum Page 2

- 14CFR 61.113, 61.133

.......................Addendum Page 2

- 14CFR 91.109, 91.119, 91.121..

............Addendum Page 3

- 14CFR 91.151

.................................Addendum Page 3 -14 CFR Subpart E (91.401- 91.417)

......Addendum Page 3 -FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)

...Addendum 1
We are prepared to modify or amend any part ofthis requestto satisfythe need for an equivalent level of safety. Please contact us at anytime ifyou require additional information or clarification. We lookforward to working with youroffice. 

# (J

**~**...
· John Lasurdo,Dead On Design

Addendum containing Exemption Requests and Equivalent Level of SafetyAppendixA- Flight Manual's Appendix B- Owner's Manual for UAADDENDUM EXEMPTION REQUESTSAND EQUIVALENT LEVELOF SAFETY
Dead On Design requests an exemption from the following regulations as well as any additional regulations that maytechnically applyto the operation ofthe ME System:
14 CFR Part 21, Subpart H: Airworthiness Certificates This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to workto develop airworthiness standards for UnmannedAerial Systems, we request an experimental certificate be issued forthe ME System under either or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued forthe following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new usesfor aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with thefunction and reliability requirements ofthe regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well.
The aircraftwill not carry persons or property, will not carryfuel, and will onlyfly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose thatthe UAwill be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission.
If an experimental airworthiness certificate is not appropriate forthis application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.
14CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) providesthatthe airworthiness certificate be "displayed at the cabin orcockpit entrance so that it is legible to passengers or crew."At a maximum gross weight of 6.5 pounds, the UA is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meetthe intent of 91.203, we propose that documents deemed appropriate forthis aircraft bythe FAAwill be co-located with the crew atthe ground control station and available for inspection upon request. In orderto identifythe aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraftvia placard containing the following information plus the word "EXPERIMENTAL"to satisfythe requirement of 14CFR 45.23, which follows immediately afterthe proposed placard description below:AppendixA EXPERIMENTAL Manufacturer: DJI Innovations, Inc. 950 E BaselineAve. Ste. 210Apache Junction AZ 85119 Models: T-600 Inspire 1
14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must displaythe word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilot station. The UA does not have an entrance in which theword ".EXPERIMENTAL" can be placed, and may not have a registration number assigned to it bythe FAA.
We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircraftwhile it is preparing for launch will be ableto see the designation. Additionally, we feel thatthe permanent placard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station. Finally, we will display atthe ground station a high contrastflag or bannerthat containsthewords "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM ofthe ground station, the banner should be visible to anyone that observesthe aircraft and choosesto investigate its point of origin.
14CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation providesthat no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume thatthe intent ofthis requirement is to ensure thatflight manual information is availableto the aircrewwhile operating the aircraft. We request an exemption to this requirement since the aircraft is not onlytoo small to carry documentation, the documentation would not be availableto the crew during flight operations.
To obtain an equivalent level of safety and meetthe intent of 91.9, we proposethat a current, approved UA Flight Manual (AppendixA) must be availableto the crew atthe ground station anytime the aircraft is in, or preparing for, flight.
14CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation providesthat no person that holds a private pilot certificate may act as pilot in command of an aircraftfor compensation or hire. Subparagraph (b) allows a private pilotto act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or propertyfor compensation or hire. Our proposed operations require thatthe PIC must either
1. Hold a Sport Pilot Certificate issued bythe FAA, and have logged 25 hours of flight experience in this type of UA, or 2. Meetthe requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilotwritten examination." Since there are currently no means availableforthe pilot of aUAS to gain the experience in an equivalent category and class in orderto applyfor a commercial pilot's license, we propose to generate an equivalent level of safety by requiring our pilots to complete, at a minimum, FAA commercial pilot ground instruction and passthe FAA Commercial Pilotwritten examination in addition to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, wefeel we meetthe intent of 61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business.
14 CFR 91.109 Flight Instruction; Simulated instrumentflight and certain flight tests The regulation states that "No person may operate a civil aircraftthat is being used forflight instruction unlessthat aircraft has fullyfunctioning dual controls."
The ME System ground-based control station consists of a small hand-held radio transmitter and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel that this technique meetsthe intent 91.109 and provides an equivalent level of safety.
14 CFR 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areasthe aircraft cannot be operated closer than 500 feetto any person, vessel, vehicle, orstructure. Since the aircraft will be operating at a maximum of400 feetAGL, we cannot comply with this requirement.
In orderto provide an equivalent level of safety we will onlyfly over private propertywith permission ofthe owner ofthe propertyflown over. The aircraftwill not be operated over congested areas orover anyopen air assembly of persons. The propertyowner will be briefed on the expected route offlight and the associated risks to persons and property on the ground. The aircraftwill be operated at a low altitude allowing, if a power unitfails, an emergency landing without undue hazard to persons or propertyon the surface.
Therefore we maintain that dueto the small size ofthe UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.
14CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft.
The UAwill always fly below 400feetAGLand will not need to maintain cruising altitudes in order to preventconflictwith other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UA on-board computertothe display screen held bythe PIC, providing a constantly updatedAGL readout.
14 CFR 91.151 Fuel requirements forflight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to thefirst point of intended landing and to fly after thatfor at least30 minutes. Wefeel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delaysto landing. The UAis batteryoperated and the maximum duration offlight from a single battery charge is 18 minutes with a 20% reserve. Since the aircraftwill neverfly more than 314 NM from the point of intended landing, a full batterycharge atlaunch will ensure that we meet the reserve energy requirement ofthis paragraph. We request an exemption tothe word "fuel" and ask loran equivalent interpretation with the word "energy".
14CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations The regulation provides that the operator is primarily responsible lor maintaining the aircraft in an airworthycondition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection.
It is our intention thatthe PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service."As provided in the Pre-Flight Checklist in AppendixA, the PIC will ensurethatthe aircraft is in an airworthy condition priorto everyflight and in addition conduct detailed inspections after everytwo hours offlight. Maintenance performed bythe PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe on-board computer. All other maintenance will be performed bythe manufacturer ortheir designated repairfacility. The PIC will document work performed in accordance with 91.417. We feel that dueto the size, construction, and simplicityofthe aircraft, the PIC can ensure an equivalent level of safety.
8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate issued under part 67 in orderto perform as a pilot or observer. The UA maximum gross weight is 6.5 pounds, it is constructed of carbon fiber and plastic and the PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the unlikelyeventthat both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAwill return autonomouslyto the site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We propose thatthe minimum medical requirements lorthe PIC and VO be vision corrected to 20/20 and avalid, state issued driver's license. The 20/20 vision requirement will ensure thatthe PIC and VO can see and avoid airtraffic; a licensed driver is medicallyqualified to operate a much largervehicle.APPENDIXA- FLIGHT MANUAL FLIGHT RESTRICTIONS a) Noflight will be made with a UA Gross weight exceeding 55 pounds; b) All operations must occur in FAA Class G airspace at no more than 400'AGL, at an airspeed of no morethan 50 knots and no further than 3/4 NM from the PIC; c) All operations must utilize avisual observer (VO). The VO and PIC must be able to communicate verbally at all times during a flight operation; d) Operations will be restricted to flights over propertywith the permission ofthe property owner; e) The PIC must have accumulated and logged, in a manner consistentwith 14CFR 

### § 61.51 (b), a minimum of 100flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at least ten hours logged as a UA pilotwith a similar UAtype; f) All required permits will be obtained from state and local government priorto operation; g) The ME System will not be operated over densely populated areas; h) The ME System will not be operated at airshows; 

### i) The ME System will not be operated over any open-air assembly of people; 

### j) The ME System will not be operated over heavilytrafficked roads; k) The ME System will not be operated within 5 NM of an airport or heliport; I) Operations will be restricted to day only and weatherconditions equivalentto VFR; m) The PIC will briefthe VO and property owner aboutthe operation and risk before the first flight at each new location; n) Noflight may be made without a successful Pre-Flight Inspection bythe PIC before each operation to ascertain thatthe UA is in a condition safe for flight. PREFLIGHT CHECKLIST 1. Remote controller, aircraft battery, and mobile device arefully charged. 2. Propellers are mounted correctly and firmly. 3. Micro-SD card has been inserted if necessary. 4. Gimbal is functioning as normal. 5. Motors can start and are functioning as normal. 6. DJI Pilot app connected to the aircraft. TO REGAIN CONTROLAFTER LOST RADIO CONTACT If radio contact is lost and not restored within 3 seconds, an automatic Return to Homefeature is activated and will bring the UAV backto the PIC.