Michael Doornbos

34 Sugar Hill Dr

Weaverville NC 28787

July 2, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14

CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121;

14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR

91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)

and 14 CFR Part 11, Michael Doornbos, operator of several 3D Robotics (“Iris+”), hereby applies

for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial

operation of its Iris+, so long as such operations are conducted within and under the conditions

outlined herein or as may be established by the FAA as required by Section 333.

Commercial operation of Iris+, as described herein, which are equipped with cameras and

sensors, would operate in the following manner:

1. Aerial photography and/or video and/or onboard sensor data collection for public and/or

private use including real estate, architecture, land surveying, engineering and other related

professional activities.

2. Aerial video and/or photography and/or onboard sensor data collection for public and/or

private use including television, public events, cinematography and news gathering.

3. Aerial inspection/photography and/or onboard sensor data collection of

residential/commercial structures under contract with the owners or local government

authority.

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4. Aerial video/photography and/or onboard sensor data collection and/or providing live video

feed to assist with search and rescue operations in cases of an emergency or natural disaster

only when the local authorities or government has requested it by contract or donation.

5. The ability to offer training to persons individually or belonging to both private and/or public

organizations that have interests in the use and application of Iris+ for the purpose of the safe

operation of Iris+ to enhance the safety of the National Airspace System (NAS) as well as for the

protection of the persons and property.

As described fully below, the requested exemption would permit the operation of Iris+ under

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d)

will provide safety enhancements to the already safe operations in the industry presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish

requirements for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant is:

Attn: Michael Doornbos Ph: 828-450-7418 Email: mike@evadot.com Address: 34 Sugar Hill Dr

Weaverville, NC 28787

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)

14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203

(a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

My Iris+ are multi-rotor craft weighing no more than 55lbs. including payload. Under normal

conditions they operate at speeds of no more than 50kts and have the ability hover and move

along a vertical and horizontal plane simultaneously. They will operate in line of sight and will

operate within a closed off and predetermined area owned and/operated by the property

representative.

Given the small size of the Iris+ and the controlled environment provided the proposed

operations will adhere to the Reform Act’s safety requirements. The approval of this

application presents no national security issues. Regarding the level of safety surrounding the

proposed operations and the public benefit, reduction in environmental impacts, including but

not limited to reduced emissions and noise, the grant of the requested exemption is in the

public interest. Accordingly the applicant requests that the FAA grant the requested exemption

with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

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The operation limitations proposed for an equivalent or higher level of safety because

operations will further enhance the safety of the persons and/or property using conventional

aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting

commercial operations under the FAA issued exemption as set forth in the Flight Operations

Manual (FOM) include:

1. The Iris+ will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated

at 25% battery power reserve or 30 minutes of flight time whichever occurs first.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL)

and not more than 200 feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the Iris+ Pilot, the Visual Observer (VO) and

may include but not limited to a Camera Operator.

6. The Iris+ pilot will be a designated Pilot in Command (PIC) and hold a current Third or higher

Class Medical Certificate, along with a valid state driver’s license. If the PIC feels another

operator to be qualified with the necessary skills to be PIC & possess a Third or higher Class

Medical and a valid state driver’s license, that person may be designated PIC provided they

have a minimum of 20 hours of flight time with the Iris+.

7. A briefing will be performed regarding the planned Iris+ operations prior to each day’s flight

consisting of all the days’ production activities.

8. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the

requested exemption, with the appropriate local Flight Standards District Office (FSDO) no

more than 72 hours but no less than 48 hours from planned operation.

9. The operator will obtain verbal/written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 100 feet of the flight

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety

determination, as required under the FOM. With the advanced permission of the FSDO,

operations at closer range may be approved.

10. The PIC and VO will have been trained in operation of Iris+ and receive up-to-date

information for the particular Iris+ to be operated.

11. The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

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12. Written and/or verbal permission and permits will be obtained from territorial, state,

county or city jurisdictions, including law enforcement, fire or other appropriate governmental

agencies.

13. If the Iris+ loses communications or loses GPS signal, the Iris+ will have the capability to

return to a pre-determined location within a designated location and land autonomously.

14. The Iris+ will have the capability to abort a flight in case of unpredicted obstacles, weather,

or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section

333 of the Reform Act 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 Iris+. In all cases, an analysis of

these criteria demonstrates that the Iris+ operated without an airworthiness certificate, in the

restricted environment and under the conditions proposed will be at least as safe, or safer, than

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate

without the restrictions and conditions proposed.

The Iris+ to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured and designated area. Unlike other civil aircraft, operations under this

exemption will be tightly controlled and monitored by both the operator and under the

requirements and in compliance with local public safety requirements. The FAA will have

advance notice of all operations. These safety enhancements provide a greater degree of safety

to the public and property owners than conventional operations conducted with airworthiness

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria

demonstrates that there is no credible threat to national security posed by the Iris+, due to its

size, speed of operation, location of operation, lack of explosive materials or flammable liquid

fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: 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 operator must also display on that

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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 applicable.

Even though the Iris+ will have no airworthiness certificate, an exemption may be needed as

the Iris+ will have no entrance to the cabin, cockpit or pilot station on which the word

“Experimental” can be placed. Given the size of the Iris+, two-inch lettering will be impossible.

The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the Iris+ marked on its fuselage as

required by §45.29 (f) where the pilot, observer and others working with the Iris+ will see the

identification of the Iris+ as “Experimental.”

14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot

in command of an aircraft that is carrying passengers or property for compensation or hire. Our

Iris+ do not carry any pilots or passengers nor property therefore I am seeking an exemption to

14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting

skills. The risks attendant to the operation of Iris+ is far less than the risk levels inherent in the

commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the

FOM will equate to the safe operation of the Iris+.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this

exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an

equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual,

approved manual material, markings, and placards, or any combination thereof. The Iris+, given

its size and configuration has no ability or place to carry such a flight manual on the aircraft, not

only because there is no pilot on board, but because there is no room or capacity to carry such

an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight

manual at the ground control point where the pilot flying the Iris+ will have immediate access

to it.

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14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure

the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the

aircraft an exemption will be needed. The PIC will take all actions including reviewing weather,

flight battery requirements, landing and takeoff distances and aircraft performance data before

initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no 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. Iris+ and remotely piloted aircraft, by their design do not have fully functional dual

controls. Flight control is accomplished through the use of a 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 of aircraft and for flight instruction in

experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot

nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the minimums prescribed, provided the person

operating the helicopter complies with any route or altitudes prescribed for helicopters by the

FAA. As this exemption is for a Iris+ that is a helicopter and the exemption requests authority to

operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from

which filming is planned, an exemption may be needed to allow such operations. As set forth

herein, the Iris+ will never operate at higher than 400 AGL with the exception that in

circumstances where the Iris+ is used to survey or photograph a structure whose height

exceeds 400 feet AGL, the Iris+ will not be operated more than 100' above the highest point on

the structure. It will however be operated in a restricted area with security perimeter, where

buildings and people will not be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the Iris+ as well

as the location where it is operated. No flight will be taken without the permission of the

property owner or local officials. Because of the advance notice to the property owner and

participants in the filming activity, all affected individuals will be aware of the planned flight

operations. Compared to flight operations with aircraft or rotorcraft weighting far more than

the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with

these operations is far less than those presently presented with conventional aircraft operating

at or below 500 AGL. In addition, the low-altitude operations of the Iris+ will ensure separation

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between these small- UAS 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 Iris+ may not have a

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An

equivalent level of safety will be achieved by the operator, pursuant to the safety check list and

live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude

indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “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 landing, and, assuming normal cruising speed – (1) During the day,

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the Iris+ provides approximately 30 minutes of powered flight. To meet

the 30 minute reserve requirement in 14 CFR §91.151, Iris+ flights would be limited to

approximately 10 minutes in length. Given the limitations on the Iris+’s proposed flight area

and the location of its proposed operations within a predetermined area, a longer time frame

for flight in daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior

exemptions. Operating the small UAS, in a tightly controlled area where only people and

property owners or official representatives who have signed waivers will be allowed, with less

than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was

intended to alleviate given the size and speed of the small UAS. Additionally, limiting Iris+ flights

to 10 minutes would greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30

minutes or 25% of battery power— whichever happens first. This restriction would be more

than adequate to return the Iris+ to its planned landing zone from anywhere in its limited

operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it

the following:

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(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed

at the cabin or cockpit entrance so that it is legible to passengers or crew.

The Iris+ fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As

such, there is no ability or place to carry certification and registration documents or to display

them on the Iris+.

An equivalent level of safety will be achieved by keeping these documents at the ground

control point where the pilot flying the Iris+ will have immediate access to them, to the extent

they are applicable to the Iris+.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 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 inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate,

these sections will not apply to the applicant. Maintenance will be accomplished by the

operator pursuant to the flight manual and operating handbook. An equivalent level of safety

will be achieved because these small UASs are very limited in size and will carry a small payload

and operate only in restricted areas for limited periods of time. If mechanical issues arise the

Iris+ can land immediately and will be operating from no higher than 400 feet AGL. The

operator will ensure that the Iris+ is in working order prior to initiating flight, perform required

maintenance, and keep a log of any maintenance performed. Moreover, the operator 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.

An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the Iris+ Manufacturer's Manual, as referenced in the Aircraft

Operations Manual (AOM). As provided in the FOM, the operator will ensure that the Iris+ is in

working order prior to initiating flight and perform required maintenance needed.

Additional Information

The applicant, Michael Doornbos, has been involved in the building and piloting of remote

controlled aircraft for more than 20 years. Also the primary pilot, Michael Doornbos, is an FAA

Private Pilot with a Third Class Medical.

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Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than

adequate justification for the grant of the requested exemptions allowing the commercial

operation of the applicant’s Iris+.

Sincerely,

Michael Doornbos

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