______________________ ____________________________________________________________________________ 1 of 10 January 25, 2016 U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Avenue, SE Washington, DC 20590 Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Airscape Drones , LLC, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so long as such o perations are conducted within and under the conditions outlined herein or as may be established by

the FAA as required b y Section 333. **The Name and Address of the Applicant is:** Airscape Drones , LLC Kay Spring PO Box 640434 Beverl y Hills, Florida 34464 352
- 464
- 7734 kay .spring@hotmail.com **Regulations from which the exemption is requested:** 14 CFR Part 21 subpart H 14 CFR 45.23(b) 14 CFR 61.113(a) and (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 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)(1) and (2) 14 CFR 91.417(a) and (b)Airscape Drones, LLC Aerial Photograph y & Videograph y

__________________________________________________________________________________________________ 2 of 10 Airscape Drones, LLC will be operating the DJ I Phantom 2, DJIPhantom 3 Professional and the DJI Inspire 1
. The applicant will operate the UAS s in line of sight within a closed off and predetermined area owned and/operated by the propert y representative. **AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY** The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or propert y using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in th e Flight Operations Manual (FOM) include:

 The UAS will weigh less than 55 lbs.

 The UAS will have a maximum operating speed of no more than 35 mph.

 Flights will be operated within the line of sight of the Pilot in Command (PIC).

 A pre
- flight check list will be performed regarding the planned UAS operations prior to each flight. The pre
- flight check list will account for any potential discrepancies such as damaged equipment and components. I f a defect is found, the aircraft will not be permitted to fly until necessary maintenance has been performed.

 Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery

power reserve or 20 minutes of flight time, whichever occurs first.

 Flights will be operated at an altitude of no more than 400 feet Above Ground L evel (AGL) and not more than 200 feet above an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may include but no t limited to a Camera Operator.

 The UAS pilot will be a designated Pilot in Command (PI C) and will take and pass all n ecessary certifications currentl y being approved by the FAA administration for commercial use.

 A briefing will be performed regarding th e planned UAS operations prior to each day's flight consisting of all the day 's production activities.

 All flights will occur under the Visual Flight Meteorological Conditions (VMC) only
.

 The flights will occur no closer than a 5 mile radius of the geogr aphical center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. The DJIPhantom 3 Professional has built in software for all FAA regulated 'No Fl y Zones'.

 If operations will be within a 5 mile radius of the geographical center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport, the respective airports will be contactedAirscape Drones, LLC Aerial Photograph y & Videograph y

__________________________________________________________________________________________________ 3 of 10 advising them of the estimated flight time, flight duration, elevation of flight, and other pertinent information.

 The operator will fil e FAA Form 7711
- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation.

 The operator will obtain verb al/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safet y determi nation, as required under the FOM. With the advanced permission of the FSDO, operations at closer range may be approved.

 The PI C and VO will have been trained in operation of UAS and receive up
- to - date i nformation for the particular UAS to be operated.

 T he PI C and VO will be able to communicate by voice, radio, and/or text at all times.

 Written and/or verbal permission and permits will be obtained from territorial, state, county, or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

 If the UAS loses communications with the remote controller, or loses GPS signal, the UAS w ill have the capability

to return to a predetermined location within a designated location and land autonomously
.

 The UAS will have the capa bility to abort a flight in case of unpredictable obstacles, weather, or emergencies.
**DJI UAS**  **SPECIFICATIONS General Features:**   Ready
- to - fl y  3
- axis camera stabilization  Precision flight and stable hovering  GPS/GL ONASS positioning & auto return to home  On
- screen real
- time flight parameters  High Definition 4k camera  Camera tilt control  Film straight down  Supports Adobe DNG RAW  A dobe lens profile support  Camera parameter settings  Album sy

nchronization  FAA no
- fly

zones locked out via installed softwareAirscape Drones, LLC Aerial Photograph y & Videograph y

__________________________________________________________________________________________________ 4 of 10 **DJI Go**  **App**

 Sy stem requirement of mobile smart phone running iOS 6.0 or higher or Android 4.0 or higher Given the small size of the UAS and the controlled environment provided the proposed operations will adhere to the Reform Act's safety requirements. The ap proval of this application presents no national securit y issues. Regarding the level of safety surrounding 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 public interest. Accordingl y the applicant requests that the FAA grant the requested exemption with the minimum delay
. **COMMERCIAL OPERATION USES** Commercial operation of an UAS, as described herein, which are equipp ed with camera(s) would operate in the following manner: 1. The ability

to offer training to persons individually or belonging to both private and/or public organizations that have interests in the use and application of a UAS for the purpose of the safe ope ration of a UAS to enhance the safety of the National Airspace Sy stem (NAS) as well as for the protection of the persons and property. 2. Aerial inspection/photograph y for public and/or private use including television, public events, cinematograph y and news gathering. The UAS will not be flown over people, traffic, or other potential hazards. 3. Aerial inspection/photograph y of residential/commercial structures under contract with the owners or local government authority
. 4. Aerial photograph y and/or video for publ ic and/or private use including but not limited to outdoor weddings , parties and other private events, real estate, architecture, land surveying, construction, tourism, engineering and other related professional activities. 5. Aerial video/photography or prov iding live video feed to assist with search and rescue operations in cases of an emergency or natural disaster onl y when the local authorities or government has requested it by contract or donation. 6. Aerial inspection/photograph y of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers. 7. Free a erial photograph y and/or video services to non - profits and community organizations
. **PRIVACY CONCERNS** The proposed operations will be conducted onl y over private or controlled
- access propert y and only after obtaining written or verbal consent from the property owner. No privacy issues are raised b y this application. **PRE -**  **FLIGHT CHECKLIST** Prior to each flight, a s ys tematic inspection of the aircr aft and surroundings will be taken.Airscape Drones, LLC Aerial Photograph y & Videograph y

__________________________________________________________________________________________________ 5 of 10 **EX EMPTION REQUESTS**  **14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)** Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airw orthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both a uthorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size , weight, speed, operational capability , and proximity to airports and p opulated areas of the particular UAS. In all cases, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the c onditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder i s less than 55 lbs. (3 lbs.) fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this ex emption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with l ocal public safet y requirements. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safet y t o the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly , application of these same criteria demonstrates that there is no credible threat to natio nal securit y p osed by the UAS, due to its size, speed of operation, location of operation, lack of explosive m aterials or flammable liquid fuels, and inability to carry a substantial external load. **14 C.F.R. § 45.23 (b). Marking of the Aircraft** The regu lation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," “ light sport," "experimental," or "provisional," as applicable. Even though the UA S will have no airworthiness certificate, an exemption will be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two
- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).Airscape Drones, LLC Aerial Photograph y & Videograph y

__________________________________________________________________________________________________ 6 of 10 The equivalent level of safety will be provided b y having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.” **14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.** Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a p ilot in command of an aircraft that is carrying passengers or propert y for compensation or hire. An equivalent level of safety can be achieved b y current Regulations because the applicant’s UAS do not carry an y pilots, passengers or propert y. The risks att endant to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The operation and limitations set forth in the FOM will equate to the safe operation of the UAS. **14 C.F.R. §91.7(a): Civil Aircra ft Airworthiness.**  The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. A s there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory

standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an equivalent level of safety will be provided. **14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Air craft.**  Section 91.9 (b) (2) provides: No person may operate a U.S.
- registered civil aircraft ... (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 a irplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y combination thereof. The UAS, given its size and configuration has no ability or place to carry

such a flight manual on the aircraft, not onl y because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safet y will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate a ccess to it. **14 C.F.R. § 91.103: Preflight Action.** This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an ex emption will be needed. The PI C will take all actions as stated in the manufacturer FOM in the pre
- flight inspection section, including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performanc e data before initiation of flight. **14 C.F.R. §91.109: Flight Instruction.**Airscape Drones, LLC Aerial Photograph y & Videograph y

__________________________________________________________________________________________________ 7 of 10 Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functi oning dual controls. UAS and remotely piloted aircraft, by

their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has ap proved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safet y provided b y the fact that neither a pilot nor passengers will be carri ed in the aircraft and b y the size and speed of the aircraft. **14 C.F.R. §91.119: Minimum Safe Altitudes.** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the mi nimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption 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 UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with securit y perimeter, where buildings and people will not be exposed to operations without their consent. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission 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 rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, an y risk associated with these operations is far less than those presentl y presented with conventional aircraft operating at or below 500 AGL. In addition, the low
- altitude operations of the UAS will ensure separation between these 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 eac h person operating an aircraft 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 UAS may not have a barometric altime ter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by

the operator, pursuant to the safet y check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions**Airscape Drones, LLC Aerial Photograph y & Videograph y

__________________________________________________________________________________________________ 8 of 10 Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR c onditions unless (considering wind and forecast we ather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day , to fl y after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery

powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined 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 e xemptions. Operating the UAS, in a tightl y controlled area where onl y people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the ty pe of risks that Sectio n 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally , limiting UAS flights to 10 minutes would greatl y reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safet y can be achieved by limiting flights to 20 minutes or 25% of battery power
— whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from any where in its limited operating area. **14 C.F.R. §91.20 3 (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 aircraft unless it has within it the following: (1) An appropriate and cur rent airworthiness certificate (b) No person may

operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance s o that it is legible to passengers or crew. The UAS fully

loaded weighs no more than 55 lbs. and is operated without an on
- board pilot. As such, there is no ability

or place to carry

certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by

keeping these documents at the ground control point where the pilot fl yi ng the UAS will have immediate access to them; to the extent they are applicable to the UAS. **14 C.F.R. §91.405 (a); 407 (a) (1); 40 9 (a) (2); 417(a) & (b): Maintenance Inspections.** Airscape Drones, LLC Aerial Photograph y & Videograph y

__________________________________________________________________________________________________ 9 of 10 These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in sub
- part 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...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that this section and Part 43 apply onl y to aircraft with an airworthi ness certificate, these sections will not apply

to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very

limited in size and will carry a small payload and operate onl y in restricted areas for a limited period of time. I f mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in wo rking order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworth y condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed. **PUBLIC INTEREST** Manned aircraft conducting aerial photograph y/videography can weigh 6,000 pounds or more and contain one or more individuals on board. Airscape Dron es , LLC’s UAV will weigh less than 7 pounds and contain no living crew (the PI C and VO being remotel y located from the UAV). The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or propert y in th e event of an incident or accident. There is no risk to an onboard crew while using a UAV. Traditional manned aircraft contain highly flammable fuel and are at risk of fuel spillage and fire in the event of an incident or accident. The battery
- powered DJ I Phantom 2, DJIPhantom 3 Professional and the DJI Inspire 1 carry no fuel, eliminating this fire and environmental risk. Traditional aerial photograph y/videography operations using conventional aircraft can operate in very close proximity

to persons and propert y on the ground. While the FAA mitigates these risks in a variet y of way s, the proposed UAS operations would reduce risks even further due to the limited size, weight, speed, operating conditions, and safet y features of the DJ I Phantom 2, DJIPhant om 3 Professional and the DJI Inspire 1
. Furthermore, as Congress outlined in the FAA Modernization and Reform Act, integration of UAS into the NAS is inherently in the public interest, as long as it can be accomplished safel y. As described above, not on ly will the proposed UAS operations provide an equivalent level of safety to current operations

– they will actuall y provide a greatl y improved level of safety to construction managers and the general public.Airscape Drones, LLC Aerial Photograph y & Videograph y

__________________________________________________________________________________________________ 10 of 10 **CONCLUSION** Airscape Drones, LLC seeks exempt ion from the FARS outlined above in order to commerciall y operate small UAV s that weigh less than seven pounds for the purposes described above. The operation of the UAS s described herein, under the strict conditions outlined above and in the operating doc uments, will provide an equivalent level of safety to support the grant of the requested exemptions. We are prepared to modify or amend any

part of this request to satisfy the need for an equivalent level of safet y. We look forward to working with your of fice. Please contact us at any time if you require additional clarification or information. Thank you,

Kay Spring Chief Executive Officer Airscape Drones , LLC PO Box 640434 Beverl y Hills, Florida 34464 352
- 464
- 7734 kay .spring@hotmail.com