### _____________________________________________________________________________________ PO BOX 4736 | Glendale, CA 91222 | info@zuwerks.com | 818

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### _____________________________________________________________________________________ We bring your ideas to Life! January 31

, 2015

ZuWerks, Inc.

Dale Lauterback

PO Box 4736

Glendale, CA 91222
(Office) 818

- 330

- 1300
(Fax) 818

- 330

- 1298

U. S. Department of Transportation
Docket Management System

1200 New Jersey Ave.,
SE Washington, DC 20590

Subject: Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, ZuWerks Inc.

, herea fter referred to as "Petitioner" , would like to apply for an exemption from the following Code of Federal Regulations (C.F.R) to be allowed commercial operation of lightwei ght Unmanned Aircraft Systems ( UAS) for aerial imaging and video in the Los Angeles Area

.

Petitioner 

### current o peration of UAS’s for commercial purposes has been halted to comply with recently enacted federal aviation regulations pertaining to s UAS’s

.

14 CFR 21; 14 CFR 91, et seq.; 14 CFR 45.23 (b); 14 CPR 61.113 (a) & (b); 14 CPR 407 ( a)(1); 14 CPR 409 (a)(2); 14 CPR 417 (a) & (b). 14 CPR 45.23(b); 14 CPR Part 21; 14CFR61.113(a)&(b); 91.7 (a); 91.9 (b) (2); 91.103(b);
91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b).

### _____________________________________________________________________________________ PO BOX 4736 | Glendale, CA 91222 | info@zuwerks.com | 818

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### _____________________________________________________________________________________ We bring your ideas to Life! Public Good

Aerial photography/videography for geographical awareness and for real estate marketing and inspections has been
around for a long time through manned fixed wing aircraft and helicopters. But for small business owners, its

expense has been cost

- prohibitive. Granting this exemption would allow the Petitioner to provide this service at a

much lower cost. Further, the small UAS’s being utilized in this application will pose no threat to the public given its

small size and lack of combustible fuel when compared to larger manned aircraft. The operation of th e UAS’s will

minimize ecological damage and promote economic growth by providing information to businesses & individuals in

the Los Angeles Area.

Petitioner ha s experience in flying both the DJI Phantom, DJI S800 EVO , DJI Inspire 1 and other aircraft for recreational purposes as well as the use of Flight Training software during the past 25 years without incident.

Petitioner will abide by all FAA requirements to ensure this exemption will provide a level of safety at least equal to existing rules and will only operate in a safe environment t hat is strictly controlled. My exemption request would permit operation of ultra

- light weight, unmanned (piloted by remote control) in predetermined areas away from general public, airports, heliports and vehicular traffic, under 400 feet AGL

, during daylight hours and after carefully reviewing, inspecting and examining the area of aerial observation

. Petitioner will conduct extensive pr eflight inspections and protocols, during which safety carries primary importance. This would allow for videos and photos within property boundaries for individual homeowner r eal estate listing s.

. 1 Appendix A

– UAS Details and Capabilities

2 Appendix B

– Sample Battery Log Form

3 Appendix C

– Sample Flight Log Form

4 Appendix D

– Sample Flight Plan

5 Appendix E

– Sample Maintenance Log Form

6 Appendix F

– ZuQuad Pre Flight Checklist

7 Appendix G

– ZuHex Pre Flight Checklist

8 Appendix H

– Sample Flight Notification/Release Form

9 Appendix I

– Flight Safety

14 C.P.R. Part 21, Subpart H: Airworthiness Certificates 14 C.P.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating

area associated UAS ’ s, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety

under P art 11 and §333 of the Reform Act. The Federal Aviation Act ( 49 U.S.C.§44701 (f)) and §333 of the Reform Act both authorize 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 popu lated areas of the particular UAS . In all cases, an analysis of these criteria demonstrates that the UAS opera ted without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate with out the restrictions and conditions proposed.

The UAS ’s to be operated by Petitioner are less than 11kg. with maximal payload consisting of remote

### _____________________________________________________________________________________ PO BOX 4736 | Glendale, CA 91222 | info@zuwerks.com | 818

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### _____________________________________________________________________________________ We bring your ideas to Life! sensing instrumentation, carries neither no persons, carries no explosive or flammable materials including

c ombustible fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the pilot (PIC), the Spotter role is designated to act as

both the remote sensin g controller and secondary monitor for safety issues

. These enhancements to current safety practices and regulations, which already apply to civil aircraft, provide a greater degree of safety to the public and property owners than conventional aircraft ope rations conducted with airworthiness certificates issued under 14 C.P.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no intrinsic credible threat to national security posed by the UAS , due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.P.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 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 UAS will have no airworthiness certificate, an exemption may 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. Petitioner understand s the need for markings and will mark our UAS’s in the largest possible lettering by placing the word “Experimental” or assigned number or name (based on a request or ruling by the FAA ) on its fuselage as required by §45.29(f) so that anyone assisting the spotter will see the markings

. Further markings include the use of flashing green & r ed LED illumination on the underside of the UAS frame which

adds contrast against a blue or white sky.

14 C.P.R. §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command (PIC) §61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requi ring a ground crew member to have a private pilot's license rather than a commercial pilot's license to operate this UAS

. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no persons

on board. The are a of operation is controlled and restricted, and all flights are planned and coordinated in advance.

The risks associa ted with the operation of the UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 w hen drafted, that allowing operations as requested with a private pilot in the ground crew exceeds the present level of safety achieved by 14 C.P.R. §61.113 (a) & (b). Petitioner ha s
2 5 years’ experience flying numerous practice flights in remote areas as a hobbyist simulating flights to gain

familiarization with the characteristics of these UAS ’ s performance under different temperature and weather

cond itions. Petitioner also own s and practice on a computerized simulated flight software to maintain adequate s kills and response reflex time.

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

As 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 and the requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, a subset of which are provided in enclosed Supplemental material, an equivalent level of safety will be provided.

### _____________________________________________________________________________________ PO BOX 4736 | Glendale, CA 91222 | info@zuwerks.com | 818

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### _____________________________________________________________________________________ We bring your ideas to Life! 5 Appendix E

– Sample Maintenance Log Form

9 Appendix I

– Flight Safety

14 C.P.R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. §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 cu rrent approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability to carry a physical flight manual on the aircraft. The equivalent le vel of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299 , 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and

10700.

14 C.P.R. §91.1 03: Preflight A ction This regulation requires each Pilot in Command ( PIC ) 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 exemption will be needed. The PIC will take all actions including reviewing weather, flight battery re quirements, landing and takeoff distances and aircraft performance data before initiation of flight. Further, we have proprietary manuals created with the help of the manufacturer, the regional UAS vendor and continue to work with these organizations to en sure best safe practices

are adhered to.

If granted an exemption the Petitioner agree s to additional safety procedures including, but not limited to:

• Keeping our UAS’s within a radius distance of 1000 feet from the controller to both aid in direct line of sight

visual observation.

• Operate the UAS’s for 6

- 1 0 minutes per flight; land our UAS’s according to the manufacturer’s recommended minimum level of battery power.

• Ope rate our UAS’s only within visual line of sight (VLOS) with the assistance of a spotter

.

• Use the UAS’s global positioning system(GPS) flight safety feature; it hovers and then slowly lands if

communication with the remote control.

• Conduct all operations u nder our flight safety protocols.

• We will log each flight and battery use to and actively analyze flight data and other sources of information to constantly update and enhance my safety protocols.

• Contact respective airports if operations will be within 5 miles to advise them of the estimated flight time, flight duration, elevation of flight and other pertinent information.

• Always obtain all necessary permissions prior to operation.

• Have procedures in place to abort flights in the event of safety breaches or potential danger.

DJI has implemented Firmware updates that limit flight around airports, along with distance and elevation limits.

1 Appendix A

– UAS Details and Capabilities

2 Appendix B

– Sample Battery Log Form

3 Appendix C

– Sample Flight Log Form

### _____________________________________________________________________________________ PO BOX 4736 | Glendale, CA 91222 | info@zuwerks.com | 818

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### _____________________________________________________________________________________ We bring your ideas to Life! 4 A ppendix D

– Sample Flight Plan

5 Appendix E

– Sample Maintenance Log Form

6 Appendix F

– ZuQuad Pre Flight Checklist

7 Appendix G

– ZuHex Pre Flight Checklist

8 Appendix H

– Sample Flight Notification/Release Form

9 Appendix I

– Flight Safety

14 C.P.R. §91. 109: Flight I nstruction §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 fully functioning dual controls. UAS’s 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 approved exemptions for flight training without fully functio nal dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. Enhancing this safety is the technology inherent in the remote controls utilizing digital communications which is paired to the UAS making it nearly impossible to unintentionally or intentionally have the control communi cations interrupted.

14 C.P.R. §91.119: Minimum Safe A ltitudes §91.119 establishes safe altitudes for operation of civil aircraft. §91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the F AA. As this exemption is for a UAS that closely mimics the behavior of a helicopter, and the exemption requests authority to operate at altitudes up to 400 feet AGL , an

exem ption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher

than 400 feet AGL or beyond unaided visual line of sight, whichever is closer. It will however be operated in a

restricted area with individuals tasked with ensuring public safety, and where buildings and people will not be exposed to operations without their pre

- obtained consent and training.

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 operation will be taken without the p ermission of the property owner. Because of the advance notice to the property owner and participants in the remote sensing activity, all affected individuals will be aware of the plan ned flight operations. Compared to flight operations with aircraft or rotor craft weighting

far more than the maximum 11 kg of Petitioner 's UAS’s proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation

between these small

- UAS operations and the operations of conventional aircraft that must compl y with §91.119.

DJI has implemented Firmware updates that limit flight around airports, along with distance and elevation limits.

4 Appendix D

– Sample Flight Plan

8 Appendix H

– Sample Flight Notification/Release Form

9 Appendix I

– Flight Safety

### _____________________________________________________________________________________ PO BOX 4736 | Glendale, CA 91222 | info@zuwerks.com | 818

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### _____________________________________________________________________________________ We bring your ideas to Life! 14 C.P.R. §91.121 Altimeter Settings §91.121 requires each 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 altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, confirming the

altitude of the launch site shown on the GPS altitude indicator before flight. The in Command ( PIC ) will also ensure effective pairing with multiple GPS sources to guarantee accurate detection of height.

14 C.P.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions §91.151 (a) prohibits an in dividual 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 UAS’s provide approximately

12

- 15 minutes of powered flight in hover mode without payload. Petitioner 's UA S’s will not be able to meet the 30 minute reserve requirement in 14 CPR §91.151. Operating the small UAS’s , in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less t han 30 minutes of reserve power, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS’s

. Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 6

- 10 minutes or 25% of battery power whichever happens first. This restriction would be mor e than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

6 Appendix F

– ZuQuad Pre Flight Checklist

7 Appendix G

– ZuHex Pre Flight Checklist

9 Appendix I

– Flight Safety

14 C.F.R. §91.203 (a) & (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 current 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 so that it is legible
to passengers or crew. The UAS’s fully loaded weigh no more than 11kg and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration docume nts or to display them on the UAS’s . An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the ext ent they are applicable to the UAS’s . The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes E xemption
Nos. 9565, 9665, 9789, 9789A, 9797, 9797 A, 9816A, and 10700.

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 owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ... ;' and others shall inspect or maintain the

aircra ft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness

### _____________________________________________________________________________________ PO BOX 4736 | Glendale, CA 91222 | info@zuwerks.com | 818

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### _____________________________________________________________________________________ We bring your ideas to Life! certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual. An equivalent level of safety will be achieved because these small UAS’s 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 the UAS can land immediately and wil l be operating from no higher than 400 feet AGL. The Petitioner will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the Petitioner is most familiar wi th the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

2 Appendix B

– Sample Battery Log Form

5 Appendix E

– Sample Maintenance Log Form

Summary

The Petitioner believes that exemption from the above listed Title 14 CFRs is warranted given the nature of the type of UAS flights that will be undertaken, the size & weight of the UAS being deployed, the safety precautions to the general public and the NAS the Petitioner intends to adhere to, the positive environmental impact the flight operations would have compared to manned fuel consuming missions and the economic benefit the Petitioner's

business would have in this new area of aviation.

Thank you for your review of this matter

.



### Dale Lauterback

ZuWerks, Inc.

President