1 Clean Energy Powered Terrestrial Data Acquisition and Analysis

August 1 0 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave SE Washington, DC 20590

Re: Exemption Request under Section 333

- Small UAS

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems (UAS) ”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states th at the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 3 34 of this Act.” In Section 332(b)(1), The

Petitioner

, DRAGONFLY OPS INC

, proposes the following exemptions and meets all requirements to permit FAA approval of commercial UAS operations.

The proposed exem ption, if granted, would allow p etitioner to condu ct commercial operations of sm all unmanned aircraft systems (UAS ) meeting or exceeding all of the

opera tional and safety requirements c ongress has set forth in Section 333.

Petitioner is an aerial and technical photography company that plans to exploit the capabilities of Unmanned Aerial Systems t o offer a multitude of services including:

S urveying and Mapping

Agriculture

F ilmmaking and P hotography

Real Estate

Construction S ite M onitoring

Educational and R esearch

Search and Rescue

Aerial Inspections

2083 Equestrian Court, Park City, Utah USA 84060 www.dragonflyops.com 435.649.36262 A. The name and contact information of the applicant are:

Dragonfly Ops Inc Attn: Bruce W King 2083 Equestrian Court Park City, Utah 84060

Phone: 435.649.3626

Email: bruce@dragonflyops.com

B. S pecific section or sections of 14 CFR from which exemption is sought :

14 CFR 21

14 CFR 36 14 CFR 45.23, 45.27

14 CFR 45.29

14 CFR 61.113

14 CFR 91.9

14 CFR 91.103

14 CFR 91.119

14 CFR 91.151

14 CFR 91.203 14 CFR 91.405, 91.407, 91.409, 91.417

The extent of relief sought is for the duration of the Grant of Exemption, unless otherwise specified.

C. The reason to seek the relief is as follows:

14 CFR 21

The petitioner requests relief from 14 CFR part 21. The UAV is a small rotorcraft weighing less than 25 pounds during operation. The UAV maximum speed is 25 mph and the operating area will be limited to remote or impassable locations where vehicular traffi c is

non

- existent or control led. The PIC will maintain VFR r ules flying at no more than 400 feet and will operate the UAV during the day in line

- of

- sight so as not to c reate a hazard

to users of the n ational a irspace s ystem (NAS) or the p ublic or pose a threat t o national security

.

14 CFR 36

The p etitioner requests relief from any associated noise certification and testing requirements of part 36. As a note, according to the manufacturer’s specifications, the UAV operates below 40db within 50 meters.3 14 CF R 45.23, 45.27

The UAV does not currently display marks consisting of the Roman capital letter “N” followed by the registration number of the aircraft in compliance with 14 CFR 45.23 and 14 CFR 45.27. The Petitioner will register the UAV with the FAA and ensure UAV is marked as appropriate before using the UAV in the NAS for commercial purposes.

14 CFR 45.29

The Petitioner request s relief from the size requirements under this section due to the size limitations of the UAV. We propose to use marks as larg e as possible on the UAV as well as keep registration information with the PIC during operation.

14 CFR 61.113

The Petitioner currently does not have commercial pilot licenses and requests relief from 14 CFR part 61.113 The flight is only incidental to t he proposed business or employment; and the aircraft does not carry passengers or property for compensation or hire.

14 CFR 91.9

Relevant materials shall be kept in a location accessible to the PIC in compliance with the regulations.

14 CFR 91.103

In r egards to 91.103(b), the UAV will not be operated within any Class B, C, or D airspace; but, the PIC will follow all other applicable pre

- flight actions including reviewing weather, flight battery requirements, landings, and takeoff distances and aircraft performance data before initiation of flight.

14 CFR 91.119(c)

The p etitioner requests relief from this section because PIC will ensure the UAV is operated in controlled environments outside of populated areas away from public and traffic; avoiding of areas which are depicted in “yellow” on VFR charts, as well as

obta ining and assessing information regarding congested areas from the local Flight Standards District Office (FSDO) and avoiding areas of congestion. The UAV will not be operated within 500 feet of vehicles or objects in open areas.

The p etitioner requests that if barriers or structures are present that can sufficiently protect nonparticipating persons from the UAV or debris in the event of an accident, the PIC may operate closer than 500 feet to persons afforded such protection. The operator

will ensure tha t nonparticipating persons remain under such protection.4 14 CFR 91.151

The p etitioner requests exemption from this section due to the maximum flight time available from this UAV. The UAV total flight time is limited to 30 minutes and therefore

the PIC would not be able to meet the minimum standards and still conduct the inspections. The UAS is equipped with a visual battery indicator that displays the battery

levels at all time.

Additionally, the UAS has a visual alarm that indicates when the battery reaches a state of 20% battery life, or approximately 7 minutes of flight time. These indicators, coupled with pilot awarene ss and the emergency return

- to

- station setting will supply ample time to land the UAV safely in the event of low battery.

14 CFR 91 .203

The p etitioner requests relief from 14 CFR 91.203 as the appropriate airworthiness certificate does not exist for this UAS. Additionally, the certificate cannot be displayed in the aircraft due to the size and physical structure of the UAV.

14 CFR 9 1.405, 407, 409, 417

The p etitioner requests relief from 14 CFR 91.405, 407, 409, and 417 The above

- cited regulations require, in general, aircraft owners and operators to inspect the aircraft “...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.” These regulations apply to aircraft with an Airworthiness Certificate. Therefore, these sections are not appli cable to this UAS. Operators will adhere to requirements located within the operations manual.

D. The reasons why granting this request would be in the public interest; that is, how it would benefit the public as a whole :

Personnel Safety :

Construction sites and land movements are areas of his risk for inspector and any foot traveler. With the help of UAS more complete site inspections can be performed without risking the life and safety of employees.

Access to remote or u nreachable areas :

Segments of Construction Sites, dams, farms, pipelines, and bridges may currently be or become unreachable, partially obscured, or impracticable for inspection by conventional means, such as physically walking the line, or utilizing airplane or helicopters for inspect ions. Access to assets can also be partially or completely blocked by environmental singularities, such as vegetation growth, or blocked by mechanical means such as vehicle accidents, new construction, or road maintenance. The use of our UAV

will ensure ac cess to remote or impassable areas on an as

- needed basis as well as during or after uncontrolled singular events.5 Cost Effectiveness :

Currently, multiple personnel consisting of agency officials, employees and/or contractors are often required to conduct field inspections on large projects over vast amounts of terrain in order to ensure public safety and meet regulatory requirements. Inspections can require a substantial amount of person

- hours and persist for days or weeks at a time due

to terrain and acc essibility issues. Factoring in engineering, planning & scheduling, safety meetings, mileage, recovered man

- hours, potential down time due to injury, potential worker’s compensation savings, and the intangible consideration of keeping employees injury

- free , the current system of inspe cting these assets becomes cost prohibitive. UAV inspections in select areas are timelier, safer and more efficient than the conventional methods for conducting these inspections. Our UAV inspections will free up otherwise occupied employees, and provide a more economic approach to the traditional inspection, thus lowering operational costs. Lower overhead for corporations could lead

to end

- user savings such as decreased utility bills.

E. The reasons why granting the exemption would not adversely affect safety or how the exemption would provide a level of safety at least equal to that provided by the rule from which the exemption is sought

.

The petitioner states that the unmanned aircraft (UA) to be operated under t his request is

less than 25 lbs fully loaded, flies at a speed of no mo re than 25 mph , carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the POH. The crafts are the

Phantom 3 four

- rotor and Matrice 100 four

- rotor manu factured by DJI. The VTOL crafts

are q uad

- rotor with 4 motors, both systems include GPS system, full autonomous autopilot capabilities, telemetry and manual ground control.

In addition, each craft has integrated safety features built into the design of the UAS, as described in the POH, to ensure the safety of persons and property within and surrounding the limited operating area. In the event of a communication loss in manual control, the UAS switches to GPS control and return to its takeoff coordinates to perform

a “Fail

- Safe Landing” within the s ecurity p erimeter. It will also have the capability to abort a flight in the event of unpredicted obstacles or emergencies.

Petitioner’s UAS’s will be identified by serial numbers, registered in accordance with 14 C.F.R. Part 47, and have identification (N

- Numbers) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as practicable.

The aircraft will be operated with both a PIC and a ground

- based Visual Observer (VO) in

accordance with FAA Policy N 8900.227 Section 14, Operational Requirements for UAS.

Operations will be conducted in remote or inaccessible regions with t he permission of the

land owner and all required permits will be obtained from state and local government

befor e operation. The UAV will not be operated within 500 feet of vehicles or objects in open areas, unless barriers or structures are present that can sufficiently protect nonparticipating persons from the UAV or debris in the event of an accident.6 The PIC wil l file a Notice to Airmen (NOTAM) providing location and a date/time for each operation and a VFR Flight Following, if necessary.

The aircraft will not be operated over urban or populated areas; at air shows or over an

open

- air assembly of people; over he avily trafficked roads; or within 5 nautical miles of an airport or heliport. Flight operations will be limited to day, visual meteorological conditions and the aircraft will remain within visual line of sight of the PIC at all times.

This exemption will provide a greater level of safety to that provided by the rule from which the exemption is sought due to the current nature of conducting inspections in remote regions. Because UAS flights are not currently authorized for commercial use, methods for inspec ting remote assets are limited to pedestrian or helicopter operations. Where helicopter operations are not feasible due to environmental or m echanical obstructions, and or s tructural elements, utilizing the UAV will provide a safe alternative to

the inhere nt dangers of walking through these regions to conduct the required inspections. The small size, extreme maneuverability and zoom capabilities on the camera allow for a safe, unimpeded inspection of critical infrastructure assets.7 Summary to publish in t he Federal Register

The rule from which exemption is sought :

Dragonfly Ops Inc seeks exemption under §333 of the FAA Modernization and Reform Act of 2012 (Public Law 112

- 95) from 14 CFR 21; 14 CFR 36, 45.23; 45.27, 45.29; 61.113; 91.9(b) (2); 91.103(b); 119(c); 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.41 7(a)&(b)

A brief description of the nature of the exemption sought :

Dragonfly Ops Inc requests an exemption under Section 333 of the FAA Modernization and Reform Act of 2012 for commercial flight of its UAS. Dragonfly Ops Inc provides aerial photography and inspection focused on Construction and Technical Applications. With approval of this petition, Dragonfly Ops Inc will utilize our UAS to perform inspections, progress reports, surveying, mapping and other related services focused on

the construction in dustry. Proposed operations will be performed in full compliance with aviation safety regulations. As per 14 CFR §11.81, this petition for exemption is prepared and filed in accordance with regulation to request exemptions from the Federal Aviation Regulat ions pertaining to operation of a UAS so that operations can be commercially completed in accordance to all applicable FARs that would pertain to a small UAS.

Any additional information, views or arguments available to support request :

Argument :

We here at Dragonfly Ops Inc are requesting this exemption because we strongly believe in the continuous improvement of safety measures that offer to protect our field personnel from the inherent dangers of the work environment, also we seek to improve and develop the investigation and data collection methods in the technical perspective of the construction processes. The use of Unmanned Aircraft Systems (UAS) affords us a great opportunity to reach both of these goals. Through adopting and utilizing UAS technological ad vancements within these fields, we are unlocking the potential to create a safer workplace for our loved ones, ensure regulatory requirements are exceeded, and build inspection data with which we can improve and protect the infrastructure of these

crucial industries. We look forward to working with the FAA in meeting and exceeding these goals in the near future.10 Additional Information :

Unmanned Aircraft Systems

Name: Dragonfly 1

Manufacturer: DJI (see www.dji.com)

Model: Phantom 3 Weight: max 25 lb s Battery Flight Time: 30 mins

Video Transmitter : LightBridge

Camera: 4K

Name: Dragonfly 2

Manufacturer: DJI (see www.dji.com)

Model: Matrice 100 Weight: max 25 lb s Battery Flight Time: 30 mins

Video Transmitter : LightBridge

Camera: 4K

Pre

- flight Inspection & Maintenance

Before each flight the PIC will perform a series of pre

- flight and takeoff checks as defined by the POH supplied. After each 60 minutes of airtime, the craft will undergo a thorough inspection of all aircraft components, including, but not limited to:

Actuators & s ervos Motors, wiring and connectors Propellers, smooth, no chips Electronic speed contr oller Batteries, wiring and connectors

Remote command and control

Ground control station UAS operating p arameters

The petitioner states that all flights will be operated within visual line of sight (VLOS) of pilot, in daytime VFR flight conditions and all operations will be conducted with the assistance of a second spotter/observer. A ltitude is accurately measured by GPS.

The petitioner further states that an operator will ensure that only consenting production personnel will be allowed within 100 feet of the UA operation, an d UAS will be kept at

least 100 feet from any inhabited str ucture. Generally the petitioner’s UAS will be operated in construction s ites and unpopulated areas.

Petitioner’s UAS will remain clear and yield the right of way to all manned operations and activities at all times (including, but not limited to, ultrali ght vehicles, parachute activities, parasailing activities, and hangliders). Petitioner will not conduct UAS operations within 5 nautical miles of the geographic center of a non

- towered airport unless a letter of9 agreement with that airport’s management is obtained and the operation is conducted in accordance with a Notice to Airmen (“NOTAM”).

The P ilot s In C ommand (PIC)

Dragonfly Ops Inc

, Owner s , Leith W Strachan and Bruce W King , b oth are entrepreneur s with extensive Unmanned Aerial Systems training through Unmanned Vehicle University (UVU). That training included assembly of the ParkZone Radian fixed wing and 3D Robotics Y6 rotary wing UAVs with autopilots, GPS, telemetry radios and EO sens ors. They have pro grammed and flown missions using Mission Planner with a PC and APM

Planner with a Mac. They both received their UAV pilo t certification from UVU and have

accumulated more than 100 0 flight cycles and 50 0 hours of total time as a UA rotorcraft pilot. The PIC s will develop techniques and applications of UAS to optimize terrestrial data acquisition and analysis.

Regarding Petitioner’s requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will comply with the other applicable procedures and requirements st ated in § 91.103(a) & (b). Specifically, the PIC s will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoff distances before initiation of a flight. The PIC s will also account for a ll relevant site

- specific conditions in their preflight procedures. Risks presented by sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and initiate a return

- to

- home sequence if needed.

Radio Frequencies

Radio frequencie s used will be those allotted by the FCC for data transmission and vehicle control in unlicensed frequency bands. All devices used will comply with FCC usage and emissions regulations.

Safety and Benefits of the UAS

The petitioner will be using the UAS in a variety of applications that generally require expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer myriad benefits over the use of full

- sized manned aircraft for construction and surveying, electric power line inspection, oil & gas pipeline inspection , advanced agriculture, film & still photography, just to name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much gre ater margin of safety for the pilots and crew.

Conclusion

For the foregoing reasons, the exemptions requested herein are essential for the performance of these specific technical services and procedures and the Petitioner should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA

.