1 September 18 , 2015

To:

Department of Transportation

Docket Management System

1200 New Jersey Ave., SE Washington,

DC 20590

From:

Miles Davies, Esq.

1746 Cole Blvd., STE 295

Lakewood, CO 80401

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Mo dernization and Reform Act of 2012 (the "Reform

Act") and 14 C.F.R. Part 11, Miles Davies, herein known as Petitioner, seeks exemption from

requirements of the following regulations: 14 C.F.R. § 21, Subpart H; 14 C.F.R. § 43.11; 14

C.F.R. § 61.113(a)	& (b) ; 14 C.F.R. § 91.103; 14 C.F.R. § 91.105; 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. § 91.405(a) and (d); 14 C.F.R. §

91.407(a)(l); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b) for the purpose of operat ing

unmanned aerial vehicle s (UAV ’s ) for aerial data collection 1

.

Granting this Petition is in the Public Interest

The request for this exemption is in the Public Interest as there are many consumer and

governmental applications for the services t hat can be provided by UAV ’s

. Presently, aerial

data collection is most often undertaken with the use of fixed wing and rotary

aircraft that must carry persons, equipment and fuel . Using a UAV for ma ny of these

applications is an environmentally friendly, safer and lower cost alternative for both the

operator , the consumer and the public in general

. These aircraft can be operated safely, and

without significant financial impact to the operator or any person or property on the ground in

the event of the loss of an aircraft. Utilizing these UAV will create a safe and more productive

work environment, reduce environmental pollution and have a positive impact on the local

economy, all of which is in the Public Interest.

T his Petition is similar in all M ateria l Respects to Previous Grants of Exemption

T he FAA has issued grants of exemption in circumstances similar in all material respects to those

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA.

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by

instruments aboard the UA2 presented in this petition, including but not limited to Grants of Exemption Nos. 11062 to Astraeus

Aerial ( see Do cket No. FAA

− 2014

− 0352), 11109 to Clayco, Inc. ( see Docket No.

FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA

− 2014

− 0382), and 11213

to Aeryon Labs, Inc. ( see Docket No. FAA

− 2014

− 0642), in these circumstances the FAA found

that the enhanced s afety achieved using an unmanned aircraft (UA) with the specifications

described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of

significantly greater proportions, carrying crew in addition to flammable fuel, gives th e FAA good

cause to find that the UAS operation enabled by this exemption is in the public interest.

Proposed Aircraft To Be Included Under The Exemption

Petitioner r equests that the FAA issue a Grant of Exemption to Petitioner covering the below listed

ai r craft :

DJI Phantom 3 Advanced

DJI Phantom 3 Professional

http://www.dji.com/product/phantom

- 3

DJI Inspire 1

http://www.dji.com/product/inspire

- 1

DJI Flame Wheel F450

DJI Flame Wheel F550

http://www.dji.com/product/flame

- wheel

- arf (F450 and F550)

DJI Spreading Wi ngs S900

ht tp://www.dji.com/product/spreading

- wings

- s900

DJI Spreading Wings S1000+

http://www.dji.com/product/spreading

- wings

- s1000

- plus

3D Robotics Solo Drone

http://3drobotics.com/solo

- drone/

These aircraft have been previously determined by the FAA to meet the conditions of Section 333

in Grants of Exemption Nos. 11398 (Inspire

- 1), 11574 (DJI F450), 12706 ( DJI Phantom 3

Advanced, DJI Phantom 3 Professional, DJI S900, DJI S1000), 12298 (DJI F550) and 12568 (3D

Robotics Solo).

Relief Requested From Title 14 Code Of Federal Regulations

In accordance with statutory criteria provided in Section 333 of Public Law 112

- 95 in reference to

49 U.S.C. Se ction 44704, and in consideration of the size, weight, speed and limited operating area

associated with the proposed aircraft and their operation, petitioner requests relief from 14 C

. F

. R

. part 21 Certification Procedures for products and parts, Subpart H

- Airworthiness Certificates,

and any associated noise certification and testing requirements of part 36

.

Further, Miles Davies respectfully request s that the FAA grant additional requested exemptions

from Title 14 C.F.R to the extent necess ary to allow the petitioner to operate a UAS to perform

aerial data collection. The additional requested exemptions are as follows :

14 C.F .R 43.11 ; Content, Form, and disposition of Records for Inspections3 Petitioner requests an exemption from 14 C.F.R. 43.11. This part provides that maintenance

record entries be maintained, that the inspector list discrepancies, and to affix placards to the

aircraft. Due to its small size the UAV s proposed for use, do not have room for placards to be

placed in or on them and no inspectio ns for the proposed UAV ’s have been certified by FAA

at the present time. However, as a condition to the grant of the exemption, Miles Davies

, will

perform the inspections and time replaceable items as recommended by the manufacturer and

keep records and l og books of all maintenance and repairs.

14 C .F.R. 61.113(a) & (b) ; Private pilot privileges and limitations: Pilot in command

The petitioner requests relief in order to facilitate the utilization of pilots, who hold a Sport Pilot,

Private Pilot (or greater) certificate. Any pilots operating under this exemption wou ld be required

to comply with any conditions as set forth and in a similar fashion to the previously granted

exemptions and would also hold a current FAA airman medical certificate or a valid U.S. driver’s

license issued by a state, the District of Columbi a, Puerto Rico, a territory, a possession, or the

Federal government. The PIC will also meet the flight review requirements specified in 14 CFR §

61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14 C.F.R 91.103 ; Preflight A ction

M iles Davies requests an exemption from 14 C.F.R. 91.103. This regulation requires each pilot to

take certain actions before flight to insure the safety of flight and must include familiarizing

oneself with runway lengths and performance data includ ing landing distances

. The proposed

UAV’s do not require runways, and since there are no FAA approved flight manuals, the operator

will utilize and follow the performance data contained in the manufactures’ manuals.

14 C.F.R 91.105 ; Flight Crewmembers at Stations

M iles Davies requests an exemption from 14 C.F.R. 91.105

. T his part is not applicable due to

the fact that UAV ’s carry no flight crewmembers. An equivalent level of safety will be

maintained by ensuring that The UA must be operated within visua l line of sight (VLOS) of the

PIC at all times. This requires the PIC to be able to use human vision unaided by any device

other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

All operatio ns will further utilize a visual observer (VO). The UA must be operated within the

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the

VLOS requirement as long as the PIC always maintains VLOS capability. The VO an d PIC

shall be able to communicate verbally at all times; no electr onic messaging or texting shall be

permitted during flight operations. The PIC shall be designa ted before the flight and shall not

transfer his or her designation for the dura tion of the fl ight. The PIC will ensure that the VO can

perform the duties required of the VO.

14 C.F.R. 91.119(c) ; Minimum Safe Altitudes

The petitioner requests waiver for this condition to allow reasonabl e and responsible operations

of the UAV’s below 500 feet AGL and within safe and reasonable proximity to buildings and

structures for to purpose of inspections.4 14 C.F.R. 91.121 ; Altimeter Settings

As discussed in Exemption 11138 is inapplicable since the UAS does not have an altimeter and

instead utilizes elect ronic GPS with a barometric sensor for altitude information.

14 C.F.R. 91.151(a) ; Fuel requirements for flight in VFR conditions :

As discussed in Exemption 11136

, prior relief has been granted for un manned aircraft to operate

at less than the prescribed m inimums, including Exemption Nos. 2689, 5745, and 10650. In

addition, similar UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 10673

for daytime, VFR conditions. The UAS provides battery power remaining in percent to the PIC.

Informa tion provided in the operating documents discusses procedures regarding remaining

battery power management. Those documents contain a condition in which the PIC will initiate a

landing procedure when battery remaining reaches a specified level. Given the l imitations on

proposed operations and the location of those proposed operations, The FAA found that a reduced

minimum power reserve for flight in daytime VFR conditions was reasonable.

14 C .F.R. 91.405(a) ; Maintenance Required

The	operator	shall	be responsible	for	maintaining	and	inspecting	the	UAS	to	ensure	that	it is	in	a

condition	for	safe operation. Miles Davies will follow the manufactures ’ recommended preflight

inspection protocols. Pr ior to each flight, the PIC will conduct a pre

- flight inspection and

determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all

potential discrepancies, e.g., inoperable components, items, or equipment. If the inspecti on reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from

operating until the necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight.

14 C.F.R. 91.407(a)(1) ; Operation after maintenance, preventive maintenance, rebuilding, or

alteration

,

The operator will assure that a ny UAS that has undergone maintenance or alterations that affect

the UAS operation or flight characteristics, e.g., replacement o f a flight critical component, must

undergo a functional test flight prior to conducting further operations under this exemption.

Functional test flights may only be conducted by a PIC with a VO and must remain at least 500

feet from other people. The fun ctional test flight must be conducted in such a manner so as to not

pose an undue hazard to persons and property.

14 C.F.R. 91.409 (a)(1) & (2) ; Inspections ;

The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection,

and life limit requirements for the aircraft and aircraft components

.

14 C.F.R. 91.417(a) & (b) ; Maintenance Records

The exemption and all documents need ed to operate the UAS and conduct its operations in

accordance with the conditions and limitations stated in this grant of exemption, will be referred

to as the operating documents. The operating documents will be accessible during UAS

operations and made available to the Administrator upon request. If a discrepancy exists

between the conditions and limitations in the exemption and the procedures outlined in the

operating documents, the c onditions and limitations of the exemption shall take precedence and5 w ill be follow ed. Otherwise, the operator will follow the procedures as outlined in its operating

documents. The operator may update or revise its operating documents. It is the operator’s

responsibility to track such revisions and present updated and revis ed documents to the

Administrator or any law enforcement official upon request. The operator must also present

updated and revised documents if it petitions for extension or amendment to this grant of

exemption. If the operator determines that any update o r revision would affect the basis upon

which the FAA granted this exemption, then the operator must petition for an amendment to its

grant of exemption. The FAA’s UAS Integration Office (AFS

− 80) may be contacted if questions

arise regarding updates or revi sions to the operating documents.

Safety Will Not Be Adversely Affected

The granting of this request will not adversely affect public safety. As determined in previous

Grants of Exemption including but not limited to Nos. 11062	to	Astraeus	Aerial	( see Do cket	No.

FAA−2014−0352),	11109	to	Clayco,	Inc.	( see Docket	No.	FAA−2014−0507),	11112	to	VDOS

Global,	LLC	( see Docket	No.	FAA−2014−0382),	and	11213	to	Aeryon	Labs,	Inc.	( see Docket	No.

FAA−2014−0642),	the	FAA	found	that	the	enhanced	safety	achieved	using	an unmanned	aircraft

(UA)	with	the	specifications	described	by	the	petitioner	and	carrying	no	passengers	or	crew,

rather	than	a	manned	aircraft	of	significantly	greater	proportions,	carrying	crew	in	addition	to

flammable	fuel,	gave	the	FAA	good	cause	to	find that	the	UAS	operation	enabled	by	these

exemptions	would	not	adversely	affect	public	safety.

In	Conclusion

Petitioner	Miles	Davies	respectfully	requests	that,	for	the	reasons	state	herein,	the	FAA	find	that

the	relief	requested:

- Is similar in all mate rial respects to relief previously requested in Grant of Exemption Nos. 11062,

11109, 11112, and 11213;

- The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also

apply to the situation present ed herein ; and

- A grant of exemption is in the public interest.

Respectfully Submitted,

Miles E. Davies, Esq.

1746 Cole Blvd., STE 295

Lakewood, CO 80401