401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com Paul LaVigne Digital Services Inc. dba DVS

401 Hall ST SW Ste 489 Grand Rapids, MI 49503 (616) 975-9911 office (616) 975-9696 fax

January 8, 2016

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

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103;14 14 CFR 91.119(c ); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(l) and (2); 14 CFR 91.417(a) and (b)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Paul Edward LaVigne, with Digital Services Inc. dba DVS, hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operati on of a small UAS, so long as such operations are

conducted within and under the conditions outlined herei n or as my be established by the FAA as required by Section 333, for all operators of small Unmanned Aerial Systems (UAS).

Commercial operation small UAS, as described here in, which are equipped with cameras and sensors, would operate for the following aerial data collection purposes:

 Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities.

 Aerial video and/or photography for public and/or private use including television, public events, and cinematography.

 Aerial inspection/photography of residential/commer cial structures under cont ract with owners or local government authority.

As described fully below, the requested exempti on would permit the operation of small UAS under

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide
safety enhancements to the already safe operations in the industry presently using conventional aircraft.
Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the
FAA Administrator's) responsibilities to "....establish requirements for the safe op eration of such aircraft
systems in the national airspace system."401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com The name, phone, email and address of the applicant / operator:

Name: Paul Edward LaVigne Company: Digital Services Inc. dba DVS Phone: (616) 975-9911 Email: paul@dvs.com Address: 401 Hall ST SW Ste 489 – Box 62, Grand Rapids, MI 49503

Regulations from which the exemption is requested:

14 CFR 45.23 (b) Marking of the Aircraft 14 CFR 61.113(a) and (b) Private Pilot Priv ileges and Limitations: Pilot in Command. 14 CFR 91.7 (a) Civil Aircraft Airworthiness. 14 CFR 91.9 (b) (2) Civil Aircraft Flight Manual in the Aircraft 14 CFR 91.103 Preflight Action 14 CFR 91.119(c) Minimum Safe Altitudes. 14 CFR 91.121 Altimeter Settings. 14 CFR 91.151 (a) Fuel Requirements for Flight in VFR Conditions 14 CFR 91.203 (a) & (b) Carrying Civil Ai rcraft Certification and Registration 14 CFR 91.405 (a) Maintenance Inspections. 14 CFR 91.407 (a) (1) Maintenance Inspections. 14 CFR 91.409 (a) (2) Maintenance Inspections. 14 CFR 91.417 (a) & (b) Maintenance Inspections.

The small UAS's I will be using are multi-rotor craft we ighing no more than 55lbs. including payload. Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the ability hover and move along a vertical and horiz ontal plane simultaneously. They will operate in line of sight only and by the exempted persons only obeying all other local and federal laws.

Given the small size of the small UAS and the cont rolled environment provided the proposed operations

will adhere to the Reform Act's safe ty requirements. The approval of this application presents no national security issues. Regarding the level of safety surr ounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the pub lic interest. Accordingly the applican t requests that the FAA grant the requested exemption with minimum delay.401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level of sa fety because operat ions will further enhance the safety of the persons and/or property us ing conventional aircraft.

These limitations and conditions to which the applic ant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set fort h in the Flight Operations Manual (FOM) include: 1. The small UAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum flight time for each op erational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first. 4. Flights will be operated at an altitude of no more than 400 feet Above Gr ound Level (AGL) and not more than 200 feet above an elevated pla tform from which filming is planned. 5. Minimum crew for each operati on will consist of the small UAS Pilo t in Command (PIC), the Visual Observer (VO) when needed and may include but not limited to a Camera Operator. 6. A briefing will be performed regarding the plan ned small UAS operations prior to each day's flight consisting of all the days' production activities.

7. The PIC will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allow ed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an e quivalent level of safety determination, as required under the FOM. With the advanced permiss ion or direction of t he FSDO, operations at closer range may be approved. 8. The PIC and VO will have been trained in operat ion of small UAS and receive up-to-date information for the particular small UAS to be ope rated and will be able to show upon request their competent ability to operate t he small UAS and/or Camera. 9. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 10. Written and/or verbal permissi on and permits will be obtained from te rritorial, state, county or city jurisdictions, including law enforcement, fire or other governmental agencies when needed.

11. If the small UAS loses communications or lose s GPS signal, the small UAS will have the capability to return to a pre-determined location within a designated location and land autonomously. 12. The small UAS will have the capability to abort a fli ght in case of unpredicted obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthin ess Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Ce rtificates, establishes the procedural requirement s for the issuance of airworthiness certificates as requ ired by FAR §91.203 (a) (1). Given the size and limited operating area

associated with the aircraft to be ut ilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Pa rt 11and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act bot h authorize the FAA to exempt aircraft from the requirement for an airworthiness certif icate, upon consideration of the size, weight, speed, operational capability, and prox imity to airports and populated areas of the particular small UAS. In all cases, an analysis of these criteria demonstrates t hat the small UAS operated without an airworthiness certificate, in the restrict ed environment and under the co nditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthines s certificate without the restrictions and conditions proposed.

The small UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flamm able liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthin ess certificates issued under 14 C.F.R. Part 21, Subpart H. Lastl y, application of these same criter ia demonstrates that there is no credible threat to national security posed by the small UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable li quid fuels, and inability to ca rry a substantial external

load.401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport catego ry aircraft or experimental or provisionally certificated aircraft, the operator must also disp lay on that aircraft near each entranc e to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words " limited," "restricted," "lightsport," "experimental, " or "provisional," as applicable.

Even though the small UAS will have no ai rworthiness certificat e, an exemption is warranted because the

small UAS will have no entrance to t he cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the sm all UAS, two-inch lettering will be impossible. The wo rd "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the small UAS marked on its fuselage as re quired by §45.29 (f) where the pilot, observer and others working with the small UAS will see the identification of t he small UAS as "Experimental."

Given the nature of the specific reli ef sought by this exemption reques t, Petitioner requires relief from the associated marking and identificat ion requirements of § 45.27(a) a nd § 91.9(c), which would require compliance with § 45.23(b).

The FAA has issued the following exemptions to the aircraft marking requirements of § 45.23(b): Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR § 61.113 (a) and (b) private pilots are limited to non-commercial operations, however Petitioner can achieve an equivalent level of safety as achieved by current regulations because the UAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks of operating a UAS are far le ss than the risk levels inherent in the commercial activities outlined in 14 CFR part 61, et seq., thus Petitioner requests an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command.

Regarding UAS operational training, Petitioner has flown numerous practice flights in remote areas as a hobbyist simulating flights for future co mmercial use to gain familiarization with the charac teristics of the UAS’ performance under different temperature and weat her conditions. Furthermore Petitioner practices computerized simulated flights to maintain adequate skills and re sponse reflex time.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition.

As there will be no airworthiness ce rtificate issued for the aircraft, s hould this exemption be granted, no FAA regulatory standard will exist for determining airw orthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each f light an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Airc raft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operat e a U.S.-registered civil ai rcraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft F light Manual, approved manual material, markings, and placards, or any combination ther eof. The small UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. T he equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the small UAS will

have immediate access to it.

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take ce rtain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals w ill not be provided for the ai rcraft an exemption will be

needed.401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com The OPERATOR will take all action s including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.119: Mini mum Safe Altitudes.

Section 91.119 establishes safe al titudes for operation of civil airc raft. Section 91.119 (d) allows helicopters to be operated at less th an the minimums prescribed, pr ovided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a small UAS that is a helicopter and the exemptio n requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the small UAS will never o perate at higher than 400 AGL with the exception that in ci rcumstances where the small UAS is used to survey or photograph a structure whose height exc eeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest point on the structure. It will however be operated in a restri cted area with se curity perimeter, where buildings and people will not be exposed to op erations without their pr e- obtained consent. The equivalent level of safety will be ac hieved given the size, weight, speed of the small UAS as well as the location where it is operated. No flight will be taken without the permissi on of the property owner or local

officials. Because of the advance notice to the property owner and participants in the filming activity, all

affected individuals will be aware of the planned flight operations.

Compared to flight operations with aircraft or rotorc raft weighting far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft oper ating at or below 500 AGL. In addition, the lowaltitude operations of the small U AS will ensure separation between thes e small- UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an airc raft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available before departure."

As the small UAS may not have a barometric altimete r, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achi eved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the laun ch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirement s for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions ) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed - (1 ) During the day, to fly after that for at least 30 minutes; or {2) At night, to fly after that for at least 45 minutes."

The battery powering the small UAS provides approxim ately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, smal l UAS flights would be limited to approximately 10 minutes in length. Given the limit ations on the small UAS's proposed flight area and the location of its proposed operations within a predet ermined area, a longer time frame for flight in daylight or twilight VFR

conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91. 151(a) falls within the scope of prior exemptions. Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waiv ers will be allowed, with less t han 30 minutes of reserve fuel, does not engender the type of risks that Se ction 91.151(a) was intended to a lleviate given the size and speed of the small UAS. Additionally, limiting small UAS flight s to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com by limiting flights to 30 minutes or 25% of battery po wer- whichever happens first. This restriction would be more than adequate to return the small UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration. The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil airc raft unless it has within it the following: (1) An appropriate and current ai rworthiness certificate . . . . (b) No person may operate a civil aircraft unless the airworthiness certif icate required by the paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The small UAS fully loaded weighs no more than 55 lb s. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and re gistration documents or to display them on the small

UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the small UAS will have immediat e access to them; to the extent they are applicable

to the small UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator or ow ner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required insp ections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in par t 43 of this chapter...," a nd others shall inspect or maintain the aircraft in compliance with Part 43. Giv en that these section and Part 43 apply only to aircraft

with an airworthiness certificate.

These sections will not apply to the applicant. Maintenance will be acco mplished by the operator pursuant to the flight manual and op erating handbook. An equivalent level of safety will be achi eved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise t he small UAS can land immediately and will be operating from no higher than 400 feet AGL. T he operator will ensure that the small UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most fa miliar with the aircraft and best suit ed to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved beca use maintenance and inspecti ons will be performed in accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM}. As provided in the FOM, the operator will ensure that the small UAS is in working order prior to initiating flight and perform required maintenance needed.401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com Additional Information pertinent to this request.

Safety Approval of exemptions allowing commercial operations of UASs in the film industry will enhance safety by reducing risk. Conventional film oper ations, using jet or piston powe r aircraft, operate at extremely low altitudes just feet from the subject being filmed and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighbo rhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helic opters). Such aircraft must fly to and from the film location. In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combusti ble fuel carried on board. The UAS is carried to the

film set and not flown. The UAS will ca rry no passengers or crew and, theref ore, will not expose them to the risks associated with manned aircraft flights.

Privacy All flights that will occur over priv ate or controlled access property wi th the property owne r’s prior consent and knowledge. Filming will be of people who have al so consented to being filmed or otherwise have agreed to be in the area where filming will take place.

No-Fly Zones Paul Edward LaVigne of Digital Se rvices, Inc. dba DVS will not operate within 5 nautical miles of any airport. Similar to the permission granted in Exempt ion No. 11153 - Regulatory Docket No. FAA20140519, page 25, "20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airports management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operators COA. The letter of agreement with the airport management must be made available to the Administrator upon request."

As well as in Exemption No. 11195 - Regulatory Docke t No. FAA20140884, page 12, "19. The UA may not operate within 5 nautical miles of an airport refe rence point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airports management is obtained, and the operation is conducted in accordance with a Notice to Airmen (NOTAM), as required by the operators

Certificate of Waiver or Authoriz ation (COA). The letter of agreement with the airport management must be made available to the Administrator upon request."

Paul Edward LaVigne of Digital Services, Inc. dba DVS requests the same flexibility as exemptions 11153 and 11195 for acquiring agreement with the airports' management should operations fall within 5 nautical miles of an airport.

Small UAS Information

Small UAS1s to be used are as follows.

1. DJI Phantom 3 Professional

Serial # P76DCD10011479

For your convenience all the manufactures Specifications and Manuals can be found here.

1. http://www.dji.com/product/ phantom-3-pro/info#downloads401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com Conclusion

Satisfaction of the criteria provided in Section 33 3 of the Reform Act of 2012--size, weight, speed, operating capabilities, proximity to airports and populated area s and operation within visual line of sight and national security – provide more than adequate justif ication for the grant of the requested exemptions allowing commercial operation of applicant’s UAS in the commercial video product ion industry pursuant to the information provided.

Finally these exemption reasons are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213.

Respectfully,

Paul Edward LaVigne

President

Digital Services, Inc. dba DVS

401 Hall ST SW Ste 489 – Box 62 Grand Rapids, MI 49508 (616) 975-9911 (616) 975-9696 fax paul@dvs.com