June 29

, 2015

Exemption No. 11934 Regulatory Docket No. FAA

– 20 15

– 1354

Mr. Dan Johnson DSJ, LLC

5244 Cottondale Street Southwest Wyoming, MI 49519

Dear Mr. Johnson :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated April 20, 2015 , you petitio ned the Federal Aviation Administration (FAA) on

behalf of DSJ, LLC ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography and videography

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal R egister because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the2

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA fi nds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decis ion

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket 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 Lab s , 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, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material 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 you pre sent; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, DSJ, LLC is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121,

91.15 1(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

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 (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, DSJ, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission o f this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2

Vision+ when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any de vice other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or
U.S. driver’s license.

6. All operations must 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 and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight op erations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to opera te the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made av ailable to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.4

Otherwise, the operator must 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 revised

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

or 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 FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to t he operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further oper ations 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 functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the

UAS is in a condition for safe f light. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating u ntil the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

a ircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirem ents specified in

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

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be5

operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent w ith

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated

u nder this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for fligh t operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations m ust be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/F acility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC mu st abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by seria l number, registered in accordance with 14 CFR part 47, and have identification6

(N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted a t least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must en sure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonp articipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.7

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder ’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

This exemption terminates on June 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

EnclosuresApril 20, 2015

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave, SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91. 151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

I, Dan Johnson, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Da n Johnson , an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Dan Johnson , may operate my small ultra

- lightweight unmanned aircraft system (“sUAS”) commercially in airspace r egulated by the Federal Aviation Administration (“FAA”).

As described herein I, Dan Johnson , am a photographer and videographer ; experienced in flying hobby aircraft for recreational purposes. I have added a quad

- copter 1 sUAS to my inventory equipped wi th a self

contained camera with intent for aerial photograph y and videography ; following exemption and approval by the FAA.

My, Dan Johnson ' s , exemption request would permit operation of ultra

- light weight, unmanned (piloted by remote control) and comparatively inexpensive sUAS(s) in tightly controlled and limited airspace. 2 Predetermined in areas away from large public gatherings, airports and heliports for community videos

, photos and video of new and remodeled commercial buildings/projects, individual homeowner aerial photography/videography, photography and video of land dev elopments for builders, and nature photos and

videos in com pletely u npopulated areas and other community related events upon request.

Currently, similar lightweight, remote controlled sUASs are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I, Dan Johnson , have personally instilled safety protocols and controls 3 to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight sUAS's specific to photography & videography usage as I, Dan Johnson , record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation.

Granting my, Dan Johnson ’ s , request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate sUASs into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [sUASs] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of sUASs for photography & videography purposes. Further I, Dan Johnson , will conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below I, Dan Johnson , respectfully request the grant of an exemption allowing me to operate ultra

- light weight, remote controlled sUASs for the purposes of acquiring aerial photos & videos, both of which will promote local economic growth through increased employment and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that that poses potential public hazard.

1 Supple mental File

– Phantom 2 Vision Plus (User Manual 1.6) & Appendix A 2 Appendix B

– Aeronautical Charts

3 Appendix C

- Personal Protocols and Controls

I. Contact Information:

Dan Johnson

, DSJ, LLC, 5244 Cottondale St

. SW. Wyoming, MI. 49519. Office: (626 ) 261

- 2949 Mobile: (616 ) 293

- 0158. Email: dansjohnson@gmail.comII. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Dan Johnson Requests Exemption are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

III. The Extent of relief Dan Johnson seeks and the Reason He Seeks Such Relief:
I, Dan Johnson , submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 33 4, seeking relief from any currently applicable FARs operating to prevent me, Dan Johnson , contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integrat ion of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so.

My, Dan Johnson ’ s , ultra

- lightweight sUAS meets the definition of “small unmanned aircraft” as defined in

Section 331 and therefore the i ntegration of my ultra

- lightweight sUAS is expressly contemplated by the Reform Act. I would like to operate my ultra

- lightweight sUAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, pro viding direct experience and valuable information for formal regulation that can be administered uniformly to all related sUAS aerial photography & videography.

The Reform Act guides the Secretary in determining the types of sUASs that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the sUASs; whether the sUAS will be operated near airports or heavily populated areas; and, whether the sUAS will be operated by line of sight. 11 2 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me, Dan Johnson . My sUAS utilizes four (4) counter

- rotating propellers for balance, control and stability. My sUAS is equipped with GPS and auto return safety technology. Weighin g less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal.

I, Dan Johnson , consider safety as upmost importance with every flight. My small unmanned aircraft is designed to hover in place via GPS and operate in less than a 16 knot (17 mph) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 14 knot (15 mph). Built in safety systems include a GPS mode that allows my sUAS to hover in place when radio controls are released. With thre e modes to choose from, I utilize the GPS Mode 4 for aerial photography and videography. This is the safest, most reliable and stable mode to prevent accidents and hazards. When pilot communication is lost, the sUAS is designed to slowly descend to point of take

- off.

I do not operate my sUAS near airports, Hospitals nor Police heliports, and do not operate near areas where general public is within thirty to one hundred (30

- 100) yards depending on location, conditions and weather. I am constantly on alert f or any manned aircraft (Police/Medical helicopters, etc.) and prepared to land / abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my location. My sUAS is c apable of vertical and horizontal operations, and are flown only within my line of sight of me, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between ten (10) to fifteen (15) minutes, with an alt itude under two hundred (200) feet. I, Dan Johnson , utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is twenty (20) to twenty

- five (25) minutes as tested.

I do not operate my sUAS at o r below the manufacturer recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communication between radio control and sUAS to eliminate potential for crash, loss of control or hazards. Re serve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risk that may cause a crash, which could create hazards to the public / property / manned aircraft, and have no

desire t o lose an investment. I have done scores of practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific sUAS’s performance under different temperature and wea ther conditions. A ll for the sake of safety.I, Dan Johnson , am extremely cautious when operating of my sUAS / ultra

- lightweight unmanned aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b ). Given the small size and weight of my sUAS it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate sUASs into the national airspace system. My, Dan Johnson ’ sUAS, used in h obby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

IV. How Dan Johnson ’ s Request Will Benefit the Public As A Whole: Aerial photography and has been around for a long time through manne d fixed wing aircraft and helicopters. For small budget productions the expense of such aerial photograph y and videography is cost prohibitive. Only larger companies can afford to absorb such expense. Manned aircraft pose a threat to the public through the potential of a catastrophic crash. My, Dan Johns o n ' s , sUAS poses no such threat since size and lack of combustible fuel alleviates any potential threat to the public.

Congress has already proclaimed that it is in the public’s interest to integrate commercially f lown sUASs into the national airspace system, hence the passing of the Reform Act. Granting my, Dan Johnson ’ s , exemption request furthers the public interest thr ough academic/visual awareness of the photograph y and videography fields throughout the Grand Rapids area. My ultra

- lightweights UAS is battery powered and creates no emissions that can harm the environment. The consequence of my ultra

- lightweights UAS

cra shing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public.

The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial photograph y and videography captured through my battery operated ultra

- lightweights UAS's. Permitting

me, Dan Johnson , to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impact for the Grand Rapids area for companies looking to use aerial photograph y and videography, both of which serve as a stimulus to the community.

V. Rea sons Why Dan Johnson ’ s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

My, Dan Johnson ’ s , exemp tion will not adversely affect safety. Quite the contrary, for the reasons stat ed permitting me, Dan Johnson , to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols for photographers and videographers for development in cooperation with

the FAA.

In addition I, Dan Johnson , submit the following representations of enhancements to current aerial photog r aphy/ videography. My sUAS weighs less than 5 pounds complete with a small ultra

- li ghtweight high quality camera; I only opera t e my sUAS below 400 feet (within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012); My sUAS only operates for ten (10) to twenty (20) minutes per f light ; I la n d my sUAS prior to manufacturer recommended minimum level of battery power; I pil o t my sUAS through remote contro l only by visual line of sight ; My sUAS has GPS, a flight safety feature whereby it hovers and then slowly lands if communication with th e remote control pil ot is lost; I actively analyze flight data and other sources of information to constantly update and enhance safety protocols; I only operate in rea sonably safe environment away from airports and areas with large groups of people ; I conduct extensive pr e

- flight inspections and protocol, during which safety carries primary importance; I always obtain all necessary permissions prior to operation; and, I have procedures in place to abort flights in the event of safety breaches or potential danger.

My, D an Johnson ’ s , safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of comme r cial sUAS into our national airspace system, helicopters are the primary means of aerial photography and videography. While the safety record of such helicopters is remarkably astounding, there has been incidents involving loss of life as well as extensive property damage; it is far safer to operate a battery powered ultra

- lightweight sUAS.First, the potential loss of life is diminished be c ause sUASs carry no people on board and I only operate my sUAS in specific areas away from mass populations. Second, there is no fuel on bo a rd a sUAS and thus the potential for fire or explosions is greatly diminis hed. Third, the small size and extreme maneuverability

o f my sUAS allow me to remotely pilot away from and avoid hazards quickly and safely. Lastly, given its small size and weight, even when close enough to capture amazing images, my sUAS need not be so c lose to the objects they are focused on through the technology and use of post editing software allowing panning, tilting and zooming.

Accordingl y , my sUAS has been experimentally operated for familiarization/competency and will continue

to operate at an d above current safety levels.

VI. A Summary: The FAA May Publish in the Federal Register: A. 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 requi rements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my, Dan

Johns o n ’ s , sUAS permits exemption from Part 21 because my sUAS meets (and exceeds) an equivalent

le vel of safety pursuant to Section 333 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 Section 333 of the Reform Act. Both pieces of legislation permit the FAA to e x empt sUASs from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My, Dan Johnson ’, current and proj e cted sUASs meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. B. C. D. E. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size o f the sUASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be defined. 5 The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9 565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. §

91.121 re garding altimeter set t ings is inapplicable insofar a s my sUAS utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are ina pplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by me,

Dan Johnson . 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Re gulation require aircraft to be marked according to certain specification s . My sUASs are, 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 diffic ult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mar k the sUASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so th at I the pilot, or anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 14 C.F.R. § 61.113: Private Pilot Privileges and Limi tations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited

to non

- commercial operations. I, Dan Johnson , can achieve an equivalent level of safety as achieved by current Regulations becau s e my sUAS does not carry any pilots or pass engers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation o f my sUAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Dan Johnson , to opera t e my sUAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). 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 al lows helicopters to be operated at lower altitudes in certain

condition s . My sUAS will never operate at an altitude greater than 400 AGL. I, Dan Johnson , will however

opera t e my sUAS in safe areas away from public and traffic, providing a level of safety a t least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed

o f my sUAS, an equivalent or higher level of safety will be achieved. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b) : Mainte n ance 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 andshall between required inspections, except as provided in parag raph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to

my, Dan John s on ', sUAS. However, as a sa fety precaution I thoroughly inspe c t my sUAS before and after each flight.

The FAA May Publish in the Federal Register: A. 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 Ce rtificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area o f my sUAS permits exemption from Part 21 because my, Dan

Johns o n ’ s , sUAS meets an equivalent level of safety pursuant to Section 333 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 Section 333 of the Reform Act. Both pieces of legi slation permit the FAA to

e x empt sUASs from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My sUAS meets or exceeds

each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated b y the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft f light manual in the aircraft. As there are no pilots or passengers, and given the size o f the sUASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this

r egulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

In summar y, Dan Johnson seeks an exe mption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F.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.F.R. § 91.409 (a)(2); 14 C.F.R. § 91

. 409 ( a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my, Dan Johnson ', small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and aerial photograph y and videography operations. Currently, area awareness and aerial photography and videography relies primarily on the use of larger aircraft running o n combustible fuel. Posing potential risk to the public. Granting my, Dan Johnson ’, request for exemption will reduce current risk levels and thereby enhance safet y . My sUAS craft does not contain potentially explosive fuel, is smaller, lighter and more ma neuverable than conventional aircraft with much less flight time. Further, I operate at lower alt itudes and in controlled airspace eliminating potential public risk flying to and from establ i shed air fields. I, Dan Johnson , have been informally analyzing f light information and will compile safety protocols and the implementation of a flight operations manual that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with

the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on

- board my, Dan Johns o n ’ s , sUAS and therefore the likelihood of death or serious bodily injury is significantly diminished. My, Dan Joh nson ’ s , operation o f my sUAS, weighing less than 5 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I, Dan Johnson

, respectfully request that the FAA gran t my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large. Respectfully submitted,

Dan Johnson , Photographer / Videographer DSJ, LLC

5244 Cottondale St. SW Wyoming, MI. 49519