FLYSAFE,	LLC. DBA	FLYSAFE 8401	73 rd Ave	N.	Suite	86 Minneapolis,	MN	55428 E

- mail: Mike@FlySafeTraining.org

October	2,	2015

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

RE:	Exemption	Request	Under	Section	333	of	the	FAA	Modernization	and	Reform	Act of	2012	and	14	C.F.R.	Part	11

Dear	Madam,	Sir,

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	and	14	C.F.R. Part	11, FLYSAFE, LLC

. (" FLYSAFE ")	seeks	an	exemption	from	the	Federal	Aviation Regulations	detailed	below	for	the	DJI	Phantom	3	and	Inspire	1	UAS	systems.	The	Phantom 3	has	a	maximum	gross	takeoff	weight	of	2.8	lbs.	The	Inspire	1	has	a	maximum	gross	takeoff weight	of	6.5	lbs.	Both systems	are	multi

- rotor	aircraft	with	electric	propulsion.	Both	the Phantom	3	and	the	Inspire	1	are	commercial	UAS	systems	from	DJI,	each	with	a	proven track	record	and	each	having	been	approved	for	flight	under	Section	333	for	many	different

users.

The	r equested	exemption	would	allow FLYSAFE	to pursue	commercial	interests	in	aerial data	collection	using	small	unmanned	aircraft	systems.	The	systems	proposed	will	be	used for	real	estate	photography	applications.	The	team	at FLYSAFE	has approximately	2 00 hours	experience	operating	small	UAS.	Operations	will	be	conducted	in	accordance	with FAA	N	8900.2 27	and	utilize	both	a	Pilot

- in

- Command	and	a	ground

- based	visual	observer. FLYSAFE will	also	utilize	emergency,	lost	link,	and	lost	communication	proce dures.	All flights	under	these	exemptions	will	be	conducted	with	the	following	restrictions:
1.	Flights	will	be	in	Class	G	airspace	at	no	more	than	400’	AGL.
2.	The	UAS	will	be	operated	over	private	property	only	with	the	permission	of	the	owner.

3.	In regards	to	airports,	the	UAS	will	not	be	operated	within:
(a)	5	nautical	miles	(NM)	from	an	airport	having	an	operational	control	tower;	or
(b)	3	NM	from	an	airport	with	a	published	instrument	flight	procedure,	but	not	an operational	tower;	or
(c)	2	NM from	an	airport	without	a	published	instrument	flight	procedure	or	an	operational tower;	or
(d)	2	NM	from	a	heliport	with	a	published	instrument	flight	procedure.

4. Operations	will	be	limited	to	daytime	operations	under	visual	meteorological	conditions.5. The	aircraft	will	remain	within	visual	line	of	sight	of	the	observer	at	no	more	than	1/2	NM range.

6. A	NOTAM	will	be	issued	prior	to	flight	operations.

7. The	UAS	will	have	a	maximum	GTOW	of	less	than	55	lbs.

8. The	aircraft	will	be	U.S.	registered	and	displ ay	the	N

- number.

9. The	PIC	and	Observer	will	possess	the	certifications	required	under	N	8900.227.

10. The	PIC	will	conduct	a	pre

- flight	inspection	prior	to	each	flight	so	as	to	ensure	that the	UAS	and	associated	systems	are	in	a	condition	for	safe	operation

.

11. The	PIC	and	observers	will	maintain	two

- way	communications	with	each	other during	all	operations;	if	unable	to	maintain	two

- way	communications,	or	if	any condition	occurs	that	may	otherwise	cause	the	operation	to	be	unsafe,	the	operator will	immediatel y	conclude	the	operation.

12. The	aircraft	will	automatically	return	to	a	specific	location	if	the	communications link	is	lost.

13. All	flights	will	be	conducted	below	70mph.

The	regulations	from	which	the	exemption	is	requested	are	as	follows.	The	Appendix contains	details		of	the FLYSAFE operations	related	to	showing	an	equivalent	level	of	safety for	these	exempt	regulations.

• 14	C.F.R.	Part	21,	Subpart	H

• 14	C.F.R.	§91.203(a)	and	(b)

• 14	C.F.R.	§45.23(b)

• 14	C.F.R.	§61.23(a)

• 14	C.F.R.	§61.113(a)	an d	(b)

• 14	C.F.R.	§61.133(a)

• 14	C.F.R.	§91.7(a)

• 14	C.F.R.	§91.9

• 14	C.F.R.	§91.119

• 14	C.F.R.	§91.121• 14	C.F.R.	§91.151(a)

• 14	C.F.R.	Subpart	E	(§91.401

- §91.417)

UAS	Overview

FLYSAFE is submitting	this	request	for	exemption	for	the	DJI	Phantom	3	and	the	Inspire	1 systems,	both	commercially	available	UAS	from	DJI;	both	systems	are	reliable	and	popular aircraft	utilized	by	hobbyists	and	professionals	alike.

FLYSAFE has	expertise	and	kn owledge	in	the	operations	of	these	systems.	We	will	utilize training	and	operational	procedures	that	follow	the	guidelines	presented	in	N	8900.227.

FLYSAFE is	planning	on	using	the	proposed	UAS	to	pursue	further	commercial	applications. The	DJI	Phant om	3	is	a	multi

- rotor	aircraft	that	utilizes	electric	propulsion.	Figure	1	below contains	an	image	of	the	Phantom	3,	which	has	dimensions	of	14"x14"x7"	and	weighs	2.8 lbs. FL YSAFE proposes	that	the	small	size	and	weight	of	the	Phantom	3	flown	under	the guidelines	of	N	8900.227	will	have	an	equivalent	level	of	safety	to	manned	aircraft performing	similar	missions.

The	DJI	Inspire	1	is	a	multi

- rotor	aircraft	that	utilizes	electric	propulsion.	Figure	2	below contains	an	image	of	the	Inspire	1,	which	has	d imensions	of	17"x18"x12"	and	weighs	6.5	lbs. FLYSAFE proposes	that	the	small	size	and	weight	of	the	Inspire	1	flown	under	the	guidelines of	N	8900.227	will	have	an	equivalent	level	of	safety	to	manned	aircraft	performing	similar missions.

(1) (2)
Figure	1:	The	UAS:	(2)	the	DJI	Phantom	3	and	(1)	the	DJI	Inspire	1.

Public	Interest
Granting	this	exemption	would	benefit	the	public	as	a	whole.	The	small	UAS	in	this application	offer	a	strong	equivalent	level	of	safety	to	manned	aircraft,	and a	reduction	in environmental	impacts	compared	with	the	manned	aircraft	that	are	currently	used	for	real estate	applications.	Utilizing	UAS	in	the	real	estate	industry	provides	both	buyers	and sellers	a	higher	level	of	service,	and	at	a	reduced	cost	when	co mpared	to	the	use	of	manned aircraft.	Buyers	experience	the	benefit	of	getting	a	high

- definition	visualization	of	the	wholeproperty,	sometimes	several	acres,	in	one	image	or	a	short	video.
Beyond	the	buyer	and	seller,	use	of	UAS	in	real	estate	applicatio ns	benefits	the	general public	because	it	is	much	more	efficient	than	traditional	ways	of	using	a	manned	aircraft	or helicopter	to	achieve	the	same	result.	These	small	UAS	carry	no	passengers,	pilot,	or combustible	fuel,	and	present	little	danger	to	the	pu blic	when	operated	safely.	Allowing commercial	UAS	operations	will	also	promote	the	growth	of	the	emerging	UAS	industry	that will	result	in	economic	benefits	for	the	public	as	a	whole.	Additionally,	the	public	interest	is served	by	introducing	a	new	viable alternative	to	aerial	photography	of	real	estate	by traditional	manned	aircraft,	thus	presenting	American	consumers	with	a	new	affordable choice	of	service	in	a	marketplace	where	only	two	options	for	aerial	photography	of	real estate	property	(manned	airc raft	photography	and	satellite	earth	observation	imagery)	had previously	existed.
In	general,	the	public	interest	is	benefited	by	maximizing	the	efficiency	of	the	application while	minimizing	the	risks	involved	in	the	use	of	traditional	methods	of	aerial photography.
The	name	and	contact	information	of	the	applicant	are:

FLYSAFE,	LLC.	DBA	FLYSAFE

Attn: Michael	Danielson

Phone: 612

- 385

- 1429

E

- mail: mike@flysafetraining.org

FLYSAFE requests	exemption	under	Section	333	to	enable	safe	commercial	UAS	operations for	the	activities	stated.	Please contact	us	if	you	require	additional	information	or clarification.
Sincerely,

Michael	Danielson President

APPENDIX
Specific	Exemption	Requests	and	Equivalent	Level	of	Safety	Showings

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

- Civil	aircraft:	Certifications required.	Section	91.203 requires	all	civil	aircraft	to	have	a	certificate	of	airworthiness.	Part	21,	Subpart	H,	entitled Airworthiness	Certificates,	establishes	the	procedural	requirements	for the	issuance	of airworthiness	certificates	as	required	by	FAR	§91.203(a).	Shasta	Media	requests	an exemption	from	these	rules	and	will	utilize	an	internal	airworthiness	process	based	on inspections	and	pre

- flight	checks	resulting	in	an	equivalent	level	of safety.	Such	an exemption	meets	the	requirements	of	an	equivalent	level	of	safety	under	Part	11	and Section	333	of	the	Reform	Act.	The	Federal	Aviation	Act	and	Section	333	of	the	Reform	Act both	authorize	the	FAA	to	exempt	aircraft	from	the	requirement	for an	airworthinesscertificate,	upon	consideration	of	the	size,	weight,	speed,	operational	capability,	and proximity	to	airports	and	populated	areas	of	the	UAS	involved.
14	C.F.R.	§45.23(b)

- Display	of	marks;	general.
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. Given	the	small	size	of	the	UAS,	this	requirement	is	impossible	to	match.	The equivalent	level	of	safety	will	be	achieved	by	having	the	registered	N

- number	in	1	inch lettering	on	the	side	of	the	fuselage.
14	C.F.R.	§61.23(a)

- Medical	certificates:	Requi rement	and	duration.
Regulations	provide	that	a	person	must	hold	at	least	a	second	class	medical	certificate	when exercising:

•	Second

- in

- command	privileges	of	an	airline	transport	pilot	certificate	in	part	121	of	this chapter	(other	than	operations	spec ified	in	paragraph	(a)(1)(ii)	of	this	section);	or
•	Privileges	of	a	commercial	pilot	certificate
Given	the	size	of	the	UAS	in	this	petition	and	the	limited	flight	area	and	the	safety	features integrated	in	the	autopilot,	Shasta	Media	believes	that	an	Eq uivalent	Level	of	Safety	can	be reached	if	the	operator	has	a	valid	driver’s	license.
14	C.F.R.	§61.113(a)	and	(b),	§61.133

- Private	Pilot	Privileges	and	Limitations:
Pilot	in	Command;	Commercial	Pilot	Privileges	and	Limitations	Subsections	(a)	and	(b) of §61.113	prohibit	private	pilots	from	operating	aircraft	in	commercial	operations,	and §61.133(a)	requires	an	individual	operating	an	aircraft	for	compensation	or	hire	to	hold	a commercial	pilot	certificate.

FLYSAFE requests	an	exemption	from	14	C.F. R.	§61.113(a)	and	(b)	and	14	C.F.R.	§61.133(a) so	that	the	above	mentioned	UAS	may	be	operated	by	individuals	who	have	a	private	pilot certificate.	Based	upon	the	design	features	of	the	UAS,	its	autopilot	system,	and	safety factors,	the	FAA	should	permit	o peration	of	UAS	by	operators	with	a	private	pilot	certificate when	the	conditions	described	above	have	been	satisfied.

The	above

- described	conditions	are	in

- line	with	those	set	forth	in	Volume	16,	Chapter	4, Section	1	of	FAA	Order	8900.1. FLYSAFE propo ses	to	conduct	operations	in	accordance	with these	restrictions.	Given	these	conditions	and	restrictions,	an	equivalent	level	of	safety	to manned	operations	will	be	achieved	through	operation	with	a	private	pilot	certificate.	The risks	associated	with	the operation	of	multi

- rotor	aircraft	(given	the	size,	speed,	operational capabilities,	and	lack	of	combustible	fuel)	are	so	much	less	than	the	level	of	risk	associated with	fixed	wing	and	rotorcraft	operations,	both	private	and	commercial,	as	contemplated	by Part	61,	that	allowing	operations	of	these	UAS,	as	set	forth	above,	meets	or	exceeds	the present	level	of	safety	provided	under	14	C.F.R.	§61.113(a)	and	(b)	and	§61.133(a).
14	C.F.R.	§91.7(a)

- Civil	aircraft	airworthinessThis	regulation	requires	that	n o	person	may	operate	a	civil	aircraft	unless	it	is	in	airworthy condition.	Shasta	Media	requests	that	an	exemption	be	granted	allowing	commercial operation	without	an	airworthiness	certificate.	Given	the	size	of	the	aircraft,	self

certification	of	airworth iness	will	provide	an	equivalent	level	of	safety.
14	C.F.R.	§91.9(b)

- 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	airc raft.	Shasta	Media	assumes	that	the	intent	of	this	requirement	is to	ensure	that	flight	manual	information	is	available	to	the	aircrew	while	operating	the aircraft.	Shasta	Media	requests	an	exemption	to	this	requirement	since	the	aircraft	is	not only	too	s mall	to	carry	documentation,	but	the	documentation	would	not	be	available	to	the crew.	The	equivalent	level	of	safety	will	be	achieved	by	keeping	a	hard	copy	of	the	user manual	with	the	ground	crew.

14	C.F.R.	§91.119

- Minimum	safe	altitudes:	General.

Th e	regulation	provides	that	over	sparsely	populated	areas,	the	aircraft	cannot	be	operated closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure.	The	regulation	provides	that over	congested	areas,	the	aircraft	must	be	operated	at	or	above	"an	al titude	of	1,000	feet above	the	highest	obstacle	within	a	horizontal	radius	of	2,000	feet	of	the	aircraft".
Since	the	UAS	in	this	exemption	application	will	be	operating	at	a	maximum	of	400	feet	AGL, this	requirement	cannot	be	followed.	To	provide	an	equiv alent	level	of	safety,	Shasta	Media will	only	fly	over	private	property	with	the	permission	of	the	land	owner.	The	land	owner will	be	briefed	of	the	expected	route	of	flight	and	the	associated	risks	to	persons	and property	on	the	ground.

We	maintain	that due	to	the	small	size	of	the	UAS,	the	hazard	to	persons,	vessels,	vehicles, and	structures	is	not	comparable	to	manned	aircraft	and	that	this	distinction	should	be considered	in	granting	the	exemption.	Furthermore,	Shasta	Media	will	not	operate	over	any op en	air	assembly	of	persons.

14	C.F.R.	§91.121

- Altimeter	settings.
The	regulation	states	that	aircraft	shall	maintain	cruising	altitudes	by	reference	to	an altimeter	setting	available	within	100	nautical	miles	of	the	aircraft.	The	UAS	will	fly	below 400 feet	AGL	and	will	not	need	to	maintain	hemispherical	cruising	altitudes	in	order	to	de

conflict	with	other	aircraft.	To	provide	an	equivalent	level	of	safety,	the	autopilot	calculates the	reference	altitude	(ground	level)	with	the	on

- board	GPS	during	the pre
- flight	tests.	The GPS	and	barometer	data	are	then	used	to	calculate	the	altitude	in

- flight.
14	C.F.R.	§91.151(a)

- Fuel	requirements	for	flight	in	VFR	conditions.
The	regulation	states	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.	As	the	aircrafts	in	this	request	are	el ectric

- powered,	this requirement	is	inapplicable.	An	equivalent	level	of	safety	is	achieved	through	a	low	battery power	warning.	The	UAS	in	this	application	are	designed	to	automatically	return	to	base and	land	safely	when	the	power	is	too	low.14	C.F.R. Subpart	E	(§91.401

- §91.417)

- Maintenance,	Pre ventive	Maintenance,	and Alter ations
The	regulation	provides	that	the	operator	is	primarily	responsible	for	maintaining	the aircraft	in	an	airworthy	condition,	including	compliance	with	Part	39	and	43.	Parag raphs 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.

FLYSAFE plans	to	have	the	qualified	PIC	perform	maintenance	and	inspection	of	the	aircraft and	tha t	the	PIC	shall	"be	authorized	to	approve	the	aircraft	for	return	to	service."	The	PIC will	ensure	that	the	aircraft	is	in	an	airworthy	condition	prior	to	flight	and	conduct	detailed inspections	after	every 10

- flight hours.	Additionally,	checklists	will	be utilized	with	all	of	the necessary	pre
- flight	procedures	prior	to	every	flight	operation.	The	PIC	will	document	work performed	in	accordance	with	91.417.	We	maintain	that	due	to	the	size,	construction,	and simplicity	of	the	aircraft,	the	PIC	can	ensure	an equivalent	level	of	safety.