U.S. Department of Transportation Docket Management System

1200 New Jersey Ave. SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir/Madam,

This petition is being submitted on our own behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (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 survey for various industries, hereby applies for an exemption from the Federal Aviation

Regulations (FARs) listed below to allow operation of our sUAS commercially in airspace

regulated by the Federal Aviation Administration (FAA) so long as such operations are

conducted with and under the 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 Operator Training

• 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

property will do so with the property owner's prior consent and knowledge and that only people

who have consented or otherwise have agreed to be in the area where photography and

videography will take place will be captured.

April 24th 2015

Regulations from which 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 Aircraft System

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 it flies above the ground, to limit the radius of the distance

it flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone

feature. The system also has the failsafe function of the 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 petitioner will only operate its sUAS in line of sight of a pilot and/or observer 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 of the national airspace system or the public."

• When flying sUAV within 3 miles of an airport, airport operators will be notified and the

operator will give the right of way to avoid flying in the proximity of full-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 prior to the 60

minute limit.

• The sUAV will be programmed so that it will not be operated at an altitude of no more than 600

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

• Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer.

• The sUAS operated by the petitioner weighs 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 of the sUAS and the restricted sterile environment within which they

will operate, our sUAS 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 for the activities stated. Delaney Productions at all

times will respect the space and privacy of citizens and property whilst keeping our skies safe.

Sincerely

Tom Delaney

Chief Executive Officer Delaney Productions LLC

305 East Main Street Apt B Clinton, CT 06413 973-818-0150
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Delaney Productions requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we

request an experimental certificate be issued for the DJI Phantom 2 sUAS under either or both

of the following provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the 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

of type and supplemental type certificates, flights to substantiate major design changes, and

flights to show compliance with the function and reliability requirements of the 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 aircraft will not carry persons or

property, will not carry fuel, and will only fly under strict operational requirements. Combined

with the UA's light weight, being constructed primarily of foam, carbon fiber, and/or plastic, we

propose that the UA will 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 for this 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.

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 near the 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 of the aircraft, where the PIC, VO and others in the vicinity of the

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 that the risks of operating 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 for future 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 of a 120 day temporary airman

certificate in accordance with 63.13, to allow time to obtain a private pilot certificate or to allow

the FAA time to establish minimum UAS airman certification standards.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.

As no such certificate will be applicable in the form contemplated by the 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 of this requirement is to ensure that flight

manual information is available to the aircrew while 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 of safety 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 instrument flight and certain flight tests

The regulation states that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls." The sUAS System groundbased 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 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, or structure. Since the typical mission of the sUAS

would be photography or survey of persons, vessels, vehicles or structures it would be

necessary to operate closer than 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 aircraft will be operated at a low altitude allowing, if a power unit fails, an

emergency landing without undue hazard to persons or property on the surface. Therefore we

maintain that due to the small size of the 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 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter

setting available within 100 NM of the aircraft. The sUAS will always fly below 600 feet AGL and

will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An

Above Ground Level altimeter measurement above the takeoff point is transmitted via radio

from the sUAS on-board computer to the display screen held by the PIC, providing a constantly

updated AGL readout.

14 CFR 91.151 Fuel requirements for flight 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 the first point of intended landing and to fly after

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy

reserve as a safety buffer for delays to landing. The sUAS are battery operated and the

maximum duration of flight from a single battery charge is 12-45 (depending on which sUAS)

minutes with a 20% reserve. Since the aircraft will never fly 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 of this 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 after that.

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 of carrying passengers or crew. To obtain an equivalent

level of safety and meet the intent of 91.203, we propose that documents deemed appropriate

for this aircraft by the FAA will be co- located with the crew at the ground control station and

available for inspection upon request. In order to 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 of the aircraft and "be authorized to approve the aircraft for return to service."

The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in

addition, conduct detailed inspections after every two hours of flight. Maintenance performed by

the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections

and updating software and firmware for the on-board computer. All other maintenance will be

performed by the manufacturer or their designated repair facility. The PIC will document work

performed in accordance with 91.417. We feel that due to the size, construction, and simplicity

of the aircraft, the PIC can ensure an equivalent level of safety.