**U.S. Department**  **of Transportation**  **Docket Management**  **Sy stem** 

**1200 New**  **Jersey Av** **e. SE**  **Washington, DC**  **20590 Re:**  **Exemption Request**  **Section 333**  **of the**  **FA A**  **Reform Ac** **t** Dear Sir/Madam, This petition is being submitted on our own behalfwithout legal counsel orconsulting services. Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act), and 14 C.F.R. Part 11, Delaney Productions, a Delaware based limited liability company operating a Small Unmanned Aircraft System (sUAS) equipped to conduct aerial photography and surveyforvarious industries, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation ofoursUAS commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and underthe conditions outlined herein or as may be established by the FAA as required by Section 333. The requested exemption would permit Delaney Productions LLC to pursue its commercial interests in providing services to consumers interested aerial data capture using a small advanced sUAS in the following areas:

• sUAS OperatorTraining

• Real Estate Photography /Videography

• Golf Course Photography/Videography

• Product Demonstrations

• Research and Development Delaney Productions states that all sUAS flights that will occur over private or controlled access propertywill do so with the property owner's prior consent and knowledge and that only people who have consented orotherwise have agreed to be in the area where photography and videographywill take place will be captured.
**Ap ril**  **24th 2015**  **Regulations from**  **wh ich**  **the exemption**  **is requested:**  14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.109 14 C.F.R

. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417)**Unmanned Ai** **rcraft Sys** **tem**

We are petitioning for exemption to enable Delaney Productions to operate a DJI Phantom 2 multi

-rotor equipped with a three

-axis gimbaled camera. This sUAS weighs less than 25 lbs, has a built

- in capability to limit the height itflies above the ground, to limit the radius ofthe distance itflies from the operatorand to exclude itfrom Class B, C and D airspace including a no fly zone feature. The system also has the failsafe function ofthe autopilot system, which means when the communication between the Main Controller and the transmitter is lost, the system will automatically trigger Return to Home and will land safely. The above specifications meet standards listed below, some derived in accordance with the Model Aircraft Operating Standards:

• The petitionerwill only operate its sUAS in line of sight ofa pilot and/orobserver and will operate at sites that are a 'sufficient distance' from populated areas within the sterile area described in the operators manual. Such operations will insure that the sUAS will "not create a hazard to users ofthe national airspace system orthe public."

• When flying sUAVwithin 3 miles ofan airport, airport operators will be notified and the operatorwill give the right ofway to avoid flying in the proximity offull

-scale aircraft.

• Maximum flight time for each operational flight will be 60 minutes.

• Flights will be terminated at 25% battery power reserve should that occur priorto the 60 minute limit.

• The sUAVwill be programmed so that itwill not be operated at an altitude of no more than 600 feetAGL, and not more than 200 feet above an elevated platform from which filming is planned.

• Minimum crewfor each operation will consist ofthe sUAS Pilot and the Visual Observer.

• The sUAS operated bythe petitionerweighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).

• The sUAS will operate at speeds of no more than 55 knots.

• Given the small size ofthe sUAS and the restricted sterile environmentwithin which they will operate, oursUAS operations adhere to the Reform Act's safety requirements. Additionally, Delaney Productions pilots have a high regard to safe operations with an understanding of FARs, pre-flight inspections, maintenance and repair, operations within airspace, as well as high safety standards.

We respectfully request exemption under Section 333 to enable Delaney Productions to operate safe, low

-risk commercial sUAV operations forthe activities stated. Delaney Productions at all times will respect the space and privacy ofcitizens and propertywhilst keeping our skies safe. Sincerely **Tom Delaney**  **Chief Executive**  **Officer Delaney**  **Productions LLC**  **305 East**  **Main Street**  **Ap t**  **B Clinton,**  **CT 06413**  **973 -** **818 -** **0150 EXEMPTION**  **REQUESTS AND**  **EQUIVA LENT**  **LEVEL OF**  **SA FETY** 

Delaney Productions requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofthe sUAV System: 14 CFR Part 21, Airworthiness Certificates This part establishes the procedures forthe issuance ofan airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued forthe DJI Phantom 2 sUAS 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 uses for 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 the function 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 lightweight, being constructed primarily offoam, carbon fiber, and/or plastic, we propose that the UAwill be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is not appropriate forthis application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement foran airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph. 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 display the word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" and the aircraft registration (attached is my temporary registration letter) on a label printed on the top ofthe aircraft, where the PIC, VO and others in the vicinity ofthe aircraft while it is preparing for launch will be able to see the designation. Additionally, the aircraft's registration information will be on the controller at the ground station. 61.113 (a) and (b) private pilots are limited to noncommercial operations, however I can achieve an equivalent level of safety as achieved by current regulations because my UAS does not carry any pilots or passengers. Further, I state that, while helpful, a pilot license will not ensure remote control piloting skills. I further indicate thatthe risks ofoperating a UAS are far less than the risk levels inherent in the commercial activities outlined in 14 CFR part 61, et seq., thus I request an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command.Regarding UAS operational training, I state I have flown numerous practice flights in remote

areas as a hobbyist simulating flights forfuture commercial use to gain familiarization with the characteristics of his UAS’ performance under different temperature and weather conditions. In a supplemental request to the FAA, I request consideration ofa 120 day temporary airman certificate in accordance with 63.13, to allow time to obtain a private pilot certificate orto allow the FAAtime to establish minimum UAS airman certification standards. 14 CFR 91.7 Prohibits the Operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated bythe FARs, this Regulation is inapplicable. 14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent ofthis requirement is to ensure thatflight manual information is available to the aircrewwhile operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level ofsafety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight. 14 CFR 91.109 Flight Instruction; Simulated instrumentflight and certain flight tests The regulation states that "No person may operate a civil aircraft that is being used forflight instruction unless that aircraft has fullyfunctioning dual controls." The sUAS System ground

based control station consists ofa 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 meets the 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 areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, orstructure. Since the typical mission ofthe sUAS would be photography orsurvey of persons, vessels, vehicles or structures it would be necessary to operate closerthan 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre-planned has been performed. The aircraftwill be operated at a low altitude allowing, if a power unitfails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size ofthe UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. 14 CFR 91.121 Altimetersettings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft. The sUAS will always fly below 600 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflictwith other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board computerto the display screen held bythe PIC, providing a constantly updated AGL 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 flyto the first point of intended landing and to fly after thatfor at least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The sUAS are battery operated and the maximum duration offlight from a single battery charge is 12

-45 (depending on which sUAS) minutes with a 20% reserve. Since the aircraft will neverfly more than 1/2 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". We also request exemption from the 30 min reserve and ask that our reserve will be to fly the mission to the point of intended landing and have at least a 20% battery reserve afterthat. 14 CFR 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) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." With our largest vehicle, the RF

-70, at a maximum gross weight of 13 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable ofcarrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate forthis aircraft by the FAAwill be co- located with the crew at the ground control station and available for inspection upon request. In orderto identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service." The PIC will ensure that the aircraft is in an airworthy condition priorto everyflight and in addition, conduct detailed inspections after every two hours offlight. Maintenance performed by the 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 by the manufacturer ortheir designated repairfacility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety.