Mike	Mocerino Robotics	Project	Manager

W.S.	Darley	Co. 325	Spring	Lake	Drive Itasca,	IL	60143 February	12 , 20 16 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	Sir	or	Madam: W.S.	Darley	Company	located	at	325	Spring	Lake	Drive	Itasca,	IL	60143 and	Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act of	2012	("FAA Reform	Act")	and	14	C.F.R.	Part	11,	respectfully	requests exemptions	from	several	provisions	of	the	Federal	Aviation	Regulations ("FAR"),	specifically	Section	333	which	authorizes	the	FAA	to determine: 1.	If	certain	unmanned	aircraft	systems,	if	any,	as	a	result	of their	size, weight,	speed,	operational	capability,	proximity	to	airports	and populated	areas,	and	operation	within	visual	line	of	sight	do	not	create	a hazard	to	users	of	the	national	airspace	system	or	the	public	or	pose	a threat	to	national	security;	an d 2.	Whether	a	certificate	of	waiver,	certificate	of	authorization,	or airworthiness	certification	under	section	44704	of	title	49,	United	States Code,	is	required	for	the	operation	of	unmanned	aircraft	systemsi dentified	under	paragraph	(1).

We	are	writi ng	to	request	that W.S.	Darley	Co. ,	an	owner	and	operator	of an	InstantEye	Mk

- 2 ,	be	exempted	from	the	Federal	Aviation	Regulations ("FARs")	listed	below	so	that W.S.	Darley	Co ,	may	operate	its InstantEye Mk

- 2 ("UAS")	commercially	in	airspace	regulated	by	the	Federal Aviation	Administration (“FAA”);	as	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. W.S.	Darley	Co, has	been	actively	involved	in	the	technical	development of	UAS	service	applications	to	provide support,	training,	and	aerial imaging for	public	safety	professionals	with	small,	unmanned	aircraft and	lightweight	UAS’s. **The	substance	of	this	request	is	esse ntially	the	same	as	that**  **granted	to	Docket	Number s**  **FAA**
**- 2014** 

**- 0803**  **,	FAA**
**- 2015** 

**- 1077,	and**  **FAA**
**- 2015** 

**- 1239**  in	that W.S.	Darley	Co. is	committed	in	public	safety,	as well	as,	aerial	photograph y	and	inspection	of	structures. W.S.	Darley	Co. has	fully	equipped	each	o f	its	small	unmanned	aircraft for	aerial	photography	and	video,	primarily	for	use	in	the	public	safety sector,	including;	law	enforcement,	hazmat,	search	and	rescue,	fire departments,	and	any	other	entity	considered	public	safety. W.S.	Darley	Co. exemptio n	request	would	permit	its	operation	of the InstantEye	Mk

- 2 in	tightly	controlled	and	limited	airspace. Predetermined,	specifically	marked	areas	of	operation,	sectioned	off locations	will	allow W.S.	Darley	Co. to	operate	within	current	safety regulations and	new	ones	being	sought. Granting W.S.	Darley	Co. request	coheres	with	the	Secretary	of Transportation's	(FAA	Administrator's)	responsibilities	to	not	only integrate	UAS's	into	the	national airspace	system,	but	to"	...	establish requirements	for	the	saf e	operation	of	such	aircraft	systems	[UAS's]	in the	national	airspace	system"	under	Section	333	of	the	Reform	Act. Further, W.S.	Darley	Co. will	conduct	its	operations	in	compliance	with the	protocols	described	herein	or	as	otherwise	established	by	the	FAA

. The	Extent	of	Relief W.S.	Darley	Co. Seeks	and	the	Reason	It	Seeks	SuchRelief:

W.S.	Darley	Co. submits	this	application	in	accordance	with	the	Reform Act,	112	P.L.	95 §§ 331

- 334,	seeking	relief	from	any	currently	applicable FAR's	operating	to	prevent W.S.	Darley	Co. contemplated	commercial operations,	research	and	other	flight	operations	within	the	national airspace	system.	The	Reform	Act	in	Section	332	provides	for	such integration	of	civil	unmanned	aircraft	systems	into	our	national	airspace system	a s	it	is	in	the	public's	interest	to	do	so. InstantEye	Mk

- 2 meet	the definition	of	"small	unmanned	aircraft"	as	defined	in	Section	331	and therefore	the	integration	of the	InstantEye	Mk

- 2 are	expressly contemplated	by	the	Reform	Act. W.S.	Darley	Co. would	l ike	to	operate its UAS prior	to	the	time	period	by	which	the	Reform	Act	requires	the FAA	to	promulgate	rules	governing	such	craft.	The	Reform	Act	guides the	Secretary	in	determining	the	types	of	UAS's	that	may	operate safely in	our	national	airspace system

. Considerations	include: The	weight,	size,	speed	and	overall	capabilities	of	the	UAS;	Whether	the UAS	will	be	operated	near	airports	or	populated	areas;	and,	Whether the	UAS	wil l	be	operated	by	line	of	sight.
112	P.L.	95 § 333	(a).	Each	of	these	items	mi tigates	in	favor	of	an exemption	for W.S.	Darley	Co. The	InstantEye	Mk

- 2 uses	multi	counter

- rotating	propellers	for	extreme balance,	control	and	stability. The	InstantEye	Mk

- 2	weighs	less	then	5 pounds ,	including	camera	or	other	equipment.	Each InstantEye Mk

- 2 is designed	to	primarily	hover	in	place	and	operate	at	less	than	a	50	knot maximum	speed.	They	are	capable	of	vertical	and	horizontal	operations but	operate	only	within	the	visual	line	of	sight	pilot

- in

- command	(PIC). Utilizing	battery	power	and	not combustible	fuels,	flights	generally	last between twenty and 30	minutes

. W.S.	Darley	Co. will	not,	under	any circumstance,	operate	the	aircraft	under	twenty

- five	percent	battery level.	Safety	systems	in	place	include	a	failsafe	mode	that	allows InstantEye Mk

- 2 to	return	to	the	GPS	launch	coordinates or	the	GPS coordinates	inside	the	controller. W.S.	Darley	Co. does	not	operate	its	UAV's	near	airports	and	does	notoperate	them	near	populated	ar eas.

W.S.	Darley	Co. operation	of	its	small	unmanned	aircraft	wi ll	not	"create a	hazard	to	users	of	the	national	airspace	system	or	the	public."	112	P.L. 95 § 3	3	3	(b).	Given	the	small	size	and	weight	of the	InstantEye	Mk

- 2 , combined	with	their	operation	of	well

- controlled	areas, InstantEye	Mk

2 fall s within	Congress' s	contemplated	safety	zone	when	it	published the	Reform	Act	and	the	corresponding	directive	to	integrate	UAS's	into the	national	airspace	system .	The	InstantEye	Mk

- 2	has an	outstanding safety	record	and	do	not	pose	any	threat	to	the	general	public	or natio nal	security.	The	FAA	has	the	authority	to	issue	the	exemption	to W.S.	Darley	Co. pursuant	to	the	Federal	Aviation	Act,	85	P.L.	726 (1958), as	amended	(the	“Act"). In	compliance	with	the	requirements	of	§	11.81,	granting	the	petition would	be	in	the	public interest	because: The	Congress	of	the	United	States	has	determined	that	early accommodation	of	sUAS	into	the	National	Airspace	System	advances	the public	interest.	The	Committee	Report	leading	the	House	to	adopt	H.R. 658	said: "The	successful	integratio n	of	unmanned	aircraft	systems	(UAS)	into	the National	Airspace	System	(NAS)	can	support	more	than	23,000	high

paying	jobs	in	the	United	States.	.	.	.	The	absence	of	a	plan	to	integrate UASs	into	the	NAS	is	a	barrier	to	such	job	creation	.	.	.	." 1.) Gran ting	the	Petition	represents	a	step	toward	such	integration,	in the	absence	of	a	comprehensive	regulatory	regime	for	sUAS,	and	thus would	serve	the	Congressional	goal	and	the	public	interest. 2.) Granting	the	Petition	will	facilitate	a	new	era	in	emergency	response activities,	one	in	which	the	responders	themselves	will	have	a	tool	to safely,	quickly	and	remotely	assess	a	situation	without	placing	lives	in harm’s	way.	In	comparison,	the	EOD	robots	have	saved	countless	lives since	their	inception,	a	feat	th at	will	become	common	place	for	aerial assessments. 3.) Granting	the	Petition	will	enable W.S.	Darley	Co. to	demonstrate	the commercial	viability	of	creating	new	safety	techniques	and	tactics	with new	aeronautical	technology,	thereby	improving	the	effici ency	ofemergency	responders	around	the	world	and	making	for	a	safer	society.

The	rules	from	which W.S.	Darley	Co. seeks	exemption	artificially	and irrationally	limit	the	effective	use	of	new	technologies	to	expand emergency	response	safety	and	improve	the	efficiency	of	markets, thereby	subverting	the	public	interest. 4.) Granting	the	Petition	will	fulfill	the	FAA’s own	declaration	that encouraging	new	aviation	technologies	advances	the	public	interest. The	FAA	itself	has	recognized	the	public	interest	in	its	role	of “Encouraging and	developing	civil	aeronautics,	including	new	aviation technology.”	Granting	the	Petiti on	will enhance	FAA	fulfillment	of	that commitment,	thereby	serving	the	public	interest.	Air	commerce flourishes	in	the	United	States	because	of	the	rapid	pace	of	innovation	in aeronautical	and	associated	technologies,	followed	by	their commercialization	a nd	their	introduction	into	the	marketplace.	The sUAS	technology	that	the	Petitioner	uses	exemplifies	the	latest innovative	leap	forward	in	aeronautical	technology.	Preventing	it	from using	this	in	air	commerce	subverts	achievement	of	the	goal. 5.) Grantin g	the	Petition	will	fulfill	the	Congressional	determination	that integrating	sUAS	technology	into	the	NAS	serves	the	public	interest. Section	330	of	the	FAA	Modernization	and	Reform	Act	of	2012, specifically	recognizes	the	advantages	to	air	commerce	obtain able	from the	deployment	of	sUAS	technologies.	It	mandated	several	steps	by	the FAA	to	accelerate	the	availability	of	these	technologies	in	the	National Airspace	System,	thereby	representing	a	congressional	determination that	the	public	interest	is	served by	making	these	technologies more widely	available	at	the	earliest	practicable	date.	The	Petition	represents a	way	for	the	FAA	to	move	incrementally,	while	still	satisfying	its congressional	mandate	and	meeting	its	obligation	to	enhance	the	public interest by	making	new	technologies	available	by	allowing	the	use	of sUAS	technologies	in	a	manner	that	protects	the	public	and	the	rest	of the	aviation	community	from	significant	risk.	The	commercial	activities by	Petitioner	proposed	in	the	Petition	represent	contributions	to	new forms	of	air	commerce,	thereby	fulfilling	the	FAA’s	statutory	mandate under	the	2012	Act. 6.) Granting	the	Petition	will	enhance	aviation	safety,	thereby	advancing the	public	interest.	The	Petitioner	has	committed	itself	in	the	Petition to safety	practices	that	reduce	or	eliminate	hazards	to	aircraft	in	theNational	Airspace	System	and	to	persons	and	property	on	the	ground.

Many	others	are	flying	sUAS	without	regard	to	these	hazards.	Granting the	Petition	will	offer W.S.	Darley	Co. up	as an	example	of	how	the	FAA is	willing	to	accommodate	the	new	technology	when	it	is	constrained	by appropriate	limitations	to	enhance	safety.	It	will	also	allow W.S.	Darley
co. to	be	a	role	model	for	safe	commercial	sUAS	operations.	Users	of	the National	Air space	System	are	confronted	by	threats	from	sUAS	flown	in defiance	of	the	FAA’s	ban.	Unless	the	FAA	shows	some	flexibility	to accommodate	lawful	and	safe	operation	of	sUAS	for	legitimate commercial	purposes,	the	level	of	defiance	will	increase,	intensifyin g	the hazards	to	manned	aircraft	and	to	persons	and	property	on	the	ground. The	Petitioner's	proposed	operations	satisfy	the	criteria	provided	in Section	333	of	the	Reform	Act	relating	to	size,	weight,	speed,	operating capabilities,	proximity	to	airports	a nd	populated	areas	and	operation within	visual	line	of	sight,	and	national	security.	The	Petition	justifies grant	of	the	requested	exemptions	to	allow W.S.	Darley	Co. to commercially	provide	sUAS	to Public	Safety	and	First	Response organizations	across	the country. Reasons	Why W.S.	Darley	Co. Exemption	Will	Not	Adversely	Affect Safety	Or	How	The	Exemption	Will	Provide	a	Level	of	Safety	At	Least Equal	To	Existing	Rule: W.S.	Darley	Co. exemption	will	not	adversely	affect	safety.	Actually,	for the	many	reason s	stated,	permitting W.S.	Darley	Co. to	gain	experience and	information	over	time	will	allow W.S.	Darley	Co. to	innovate	and implement	new and	improved	safety	protocols. The	InstantEye	Mk

- 2 weigh s less	than 5	pounds	complete	with	cameras. W.S.	Darley	Co. only	ope rates the	InstantEye	Mk

- 2 below	400	feet; The	InstantEye	Mk

- 2 operate s for	5

- 30	minutes	per	flight; W.S.	Darley	Co. lands	its	UAS's	before	they	reach a	threshold	25% battery	power; W.S.	Darley	Co. pilots	operate the	InstantEye	Mk

- 2 by	Visual	Lin e of Sight	(VSOL)	at	all	times. W.S.	Darley	Co. pilots	have	live	video	streamed	to	the	ground	controlstation	should	they	somehow	lose	sight	of	the	UAS;

The	InstantEye	Mk

- 2 have	GPS	flight	modes	where by	they	return	to launch	if	communication	with	the remote	control	is	lost	or	battery threshold	becomes	less	than	25%; W.S.	Darley	Co. actively	examines	electronic	flight	data	and	other sources	of	information	to	constantly	update	and	enhance	safety protocols; W.S.	Darley	Co. only	operates	in	secured	areas	that	are	strictly controlled,	are	away	from	airports	and	populated	areas; W.S.	Darley	Co. conducts	extensive	briefings	prior	to	flight,	during	which saf ety	carries	primary	importance; W.S.	Darley	Co. always	obtains	all	necessary	permissions and	permits prior	to	operation; W.S.	Darley	Co. operationally	administers	a	level	of	safety	equal	to	and even	greater	than	existing	rules	set	forth.	It	is	important	to	note	that absent	the	integration	of	commercial	UAS's	into	our	national	airspace system,	helicopters are	the	primary	means	of	aerial	observation.	While the	safety	record	of	such	helicopters	is	incredible,	it	is	far	safer	to operate	a	battery	powered	lightweight	UAS.	First,	the	potential	loss	of life	is	decreased	because the	InstantEye	Mk

- 2 carry	no	people on	board and W.S.	Darley	Co. only	operates	in	areas	away	from	major populations.	Second,	there	is	no	fuel	on	board W.S.	Darley	Co. aircraft and	thus	the	potential	for	fire	or	explosions	is	highly	decreased.	Third, the	small	size	and	acute	maneuverability of W.S.	Darley	Co. aircraft allow	the	pilot	in	command	to	avoid	hazards.	Respectfully, W.S.	Darley Co. aircraft	have	and	will	always	operate	at	and	abo ve	current	safety requirements. **Summary	the	FAA	may	publish	in	the	Federal	Register:**
14	C.F.R.	21	and	14 C.F.R.	91:	Airworthiness	Certificates,	Manuals	and the	Like.	14	C.F.R.	21,	Subpart	H,	entitled	Airworthiness	Certificates,	sets forth	requirements	for	procurement	of	necessary	airworthiness certificates	in	relation	to	FAR§	91.203(a)(l).	The	size,	weight	a nd enclosed	operational	area	of W.S.	Darley	Co. permits	exemption	fromPart	21	because W.S.	Darley	Co. aircraft	meet	an	equivalent	level	of

safety	pursuant	to	Section	3	3	3	of	the	Reform	Act.	The	FAA	is authorized	to	exempt	aircraft	from	the	airworthiness certificate requirement	under	both	the	Act	(49	U.S.C.	§	44701 (f)) and
A. Section	333	of	the	Reform	Act.	Both	pieces	of	legislation	permit	the FAA	to	exempt	UAS's	from	the	airworthiness	certificate	requirement	in consideration	of	the	weight,	size,	speed, maneuverability	and	proximity to	areas	such	as	airports and	dense	populations. W.S.	Darley	Co. aircraft meet	or	exceed	each	of	the	elements. 14	C.F.R.	91.7	(a)	prohibits	the	operation	of	an	aircraft	without	an airworthiness	certificate.	As	no	such	certifi cate	will	be	applicable	in	the form	contemplated	by	the	FARs,	this	Regulation	is	inapplicable. 14	C.F.R.	§	91.9	(b)	(2)	requires	an	aircraft	flight	manual	in	the	aircraft. As	there	are	no	pilots	or	passengers,	and	given	the	size	of	the	UAS's,	this Regulati on	is	inapplicable.	An	equivalent	level	of	safety	will	be	achieved by	maintaining	a	manual	at	the	flight	operations	center.	The	FAA	has previously	issued	exemptions	to	this	regulation	in	Exemption	Nos.	8607, 8737,	8738,	9299,	9299A,	9565,	95658,	10167,	101 67A,	10602,	10700 and	32827. 14	C.F.R.	§	91.121	regarding	altimeter	settings	is	inapplicable	insofar	as The	InstantEye	Mk

- 2 utilize s electronic	global	positioning	systems	and internal	gyroscopes	t o	provide	spatial	coordination. 14	C.F.R.	§	91.203	(a)	and	(b)	provides	for	the	carrying	of	civil	aircraft certifications	and	registrations.	They	are	inapplicable	for	the	same reasons	described	above.	The	equivalent	level	of	safety	will	be	achieved by	maintaining	such	certifications	and	registrations	at	the W.S. Darley Co.	flight	operations	center.
B.	14	C.F.R. § 45.23:	Marking	of	the	Aircraft. Applicable	Codes	of Federal	Regulation	require	aircraft	to	be	marked	according	to	certain specifications. The	InstantEye	Mk

- 2 is ,	by	definition,	unmanned.	They therefore do	not	have	a	cabin,	cockpit	or	pilot	station	on	which	to	mark certain	words	or	phrases.	Further,	two

- inch	lettering	is	difficult	to	place on	such	small	aircraft.	The	FAA	has	previously	issued	exemptions	to	this regulation	through	Exemptions	Nos.	8738,	101 67,	10167A	and	10700.C.	14	C.F.R. § 61.113:	Private	Pilot	Privileges	and	Limitations.	PIC

Pursuant	to	14	C.F.R. §§ 61.113	(a)	&	(b),	private	pilots	are	limited	to
non - commercial	operations. W.S.	Darley	Co. can	achieve	an	equivalent level	of	safety	as	a chieved	by	current	Regulations	because W.S.	Darley Co. aircraft	do	not	carry	any	pilots	or	passengers.	Further,	while	helpful, a	pilot	license	will	not	ensure	unmanned	piloting	skills,	though W.S. Darley	Co. pilot	vetting	and	training	programs	(based	upon completion of	an	FAA	Approved	Ground	School	and	a	self

- administered	UAS	flight training	program	and	internal	procedures)	will.	All	Further,	the	risks attendant	to	the	operation	of the	InstantEye	Mk

- 2 is	far	less	than	the risk	levels	inherent	in	the	commerc ial	activities	outlined	in	14	C.F.R. § 61,	et	seq.
D.	14	C.F.R.	91.119:	Minimum	Safe	Altitudes. 14	C.F.R. § 91.119 prescribes	safe	altitudes	for	the	operation	of	civil	aircraft.	It	allows Helicopters	to	be	operated	at	lower	altitudes	in	certain	condition s. The InstantEye	Mk

- 2 will	never	operate	at	an	altitude	greater	than	400	AGL. W.S.	Darley	Co. will,	however,	operate	its	UAV's	in	sectioned	off	areas with	security	perimeters,	providing	a	level	of	safety	at	least	equivalent to	those	in	relation	to	minimum safe	altitudes.	Given	the	size,	weight, maneuverability	and	speed	of W.S.	Darley	Co. aircraft,	an	equivalent lev el	of	safety	will	be	achieved. E.	14	C.F.R.	91.405	(a);	407	(a)	(1);	409	(a)	(2);	417(a)	&	(b): Maintenance	Inspections.	The	above

- cited	Regulations	require,	amongst other	things,	aircraft	owners	and	operators	to	"have	[the]	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	repai red	as	prescrib ed	in	part	43	of	this	chapter." These	Regulations	only	apply	to	aircraft	with	an	airworthiness certificate.	They	will	not,	therefore,	apply	to W.S.	Darley	Co. should	its requested	exemption	be	granted. W.S.	Darley	Co. conducts	an	extensive maintenance	program	that	involves	regular	software	updates	and constant	inspection	for	assessment	of	any	damaged	hardware. Therefore,	an	equivalent	level	of	safety	will	be	achieved.

F.	Summary W.S.	Darley	Co. seeks	an	exemption	fr om	the	followingRegulations:	14	C.F.R. 21,	subpart	H;	14	C.P.R.	45.23(b);	14	C.F.R.	§§

61.113	(a)	&	(b);	14	C.F.R.	§	91.7	(a);	14	C.F.R.	§	91.9	(b)(2);	14	C.F.R.	§ 91.103(b);	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)	and	(b);	14	C.F.R.	§	91.405	(a); 14	C.F.R.	§	91.407	(a)(1);	14	C.P.R.§	91.409	(a)(2); 14	C.P.R.§	91.409 (a)(2);	and,	14	C.P.R.§§	91.417	(a)	&	(b)	to	commercially	operate the InstantEye	Mk

- 2 and	to	conduct	its	own	research	and	to develop economic	platforms	for	aerial	survey,	law enforcement, first	responders, search	and	rescue.	Granting	the W.S.	Darley	Co. request	for	exemption will	reduce	current	risk	lev els	and	thereby	enhance	safety. Further, W.S.	Darley	Co. operates	at	lower	al titudes	and	in	controlled airspace. W.S.	Darley	Co. has	been	analyzing	flight	data	and	other information	in	compiling	novel	safety	protocols	and	the	implementation of	a	flight	operations	manual	that	exceeds	currently	accepted	means	and methods	of	safe	flight.	There	are	no	people	on	board the	InstantEye	Mk

2 and	therefore	the	likelihood	of	death	or	serious	bodily	injury	is significantly	limited. W.S.	Darley	Co. operation	of	its	aircraft,	weighing less	than 5 pounds	and	traveling	at	speeds	lower	than	50	knots in cordoned	off	areas	will	provide	at	least	an	equivalent	level	of	safety	as th at	achieved	under	current	FARs. W.S.	Darley	Co. respectfully	requests	that	the	FAA	grant	its	exemption request	without	delay.	The	FAA	has	the	authority	to	issue	the	exemption
s ought	by W.S.	Darley	Co. pursuant	to	the	Federal	Aviation	Act,	85	P.L. 726	(1958),	as	amended	(the	"Act"). Thank	you	for	the	time	and	consideration	of	the	above	Exemption Request.	Please	contact	Mr. Mike	Mocerino for	more	infor mation	or questions	that	aris e.