PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 1

December 2, 2015

Manager, Flight Standards Service Unmanned Aircraft Systems Integration Office Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

U.S. Department of Transportation, Docket Operat ion West Building Ground Floor Room w

- 12

- 140 1200 New Jersey Ave, SE Washington, DC 20590



## Petition for Exemption

RE: Petition of South Bay Top 40 for an Exemption under Section 333 of the FAA
Modernization and Reform Act o f 2012 and from certain rules of 14 C.F.R.

Dear Sir or Madam:

The followin g is a Petition for Exemption relating to Section 333 of the FAA Modernization and Reform Act of 2012. Specifically, this Petition for exemption is filed by DMZ Marketing, L LC, o n behalf of South Bay Top 40 for exemption from certain rules of 14 C.F.R. South Bay Top 40 requests Exemption in a n effort to be granted permission to operate small Unmanned Aircraft Systems ( “sUAS”) commercially in
the United States of America. These operations would be subject to the current rules and regulations

, not stated herein as rules requested for exemption under Section 333, under the jurisdiction of the Department of Transportation and the Federal Aviation Administration

. Additionally, all operations will adhere to str ict safety rules enforced by South Bay Top 40 within their

company

. These safety rules will be modeled after recommendations made by t he FAA and community

based organizations such as the Academy of Model Aeronautics. Specific conditions relating to the safe operations of sUAS by South Bay Top 40 will be covered in more detail in the documentation to come, however basic flight safety parameters often cited by organizations such as the Academy of Model Aeronautics will be closely followed, such as operations at low altitudes and adequate distances away from airports, heliports, and approach areas to name a fe w.



### As was established in Huerta v. Pirker

, an aircraft is, “any” “device” that is “used for flight.” 1 Clearly this broad definition encompasses the types of sUAS the petitioner, South Bay Top 40 , plans on flying commercially within the United States of America and as such, are governed by the rules of 14 Petitioner Name: South Bay Top 40 Petitioner C ontact: Michael Miller Petitioner Phone Number: 310

- 465

- 5872 Petitioner Email Address: info@southbaytop40.com Petitioner Address: 77

- 17th Street Hermosa Beach, CA 90254

Document Preparer : DMZ Marketing, LLC. Contact Person: Zach Fiene Phone Number: 608

- 370

- 2858 Email Address: dmzaerial@gmail.com Website: www.dmzaerial.com Address : 1501 Parkview Court Prairie du Sac, WI 53578 USAPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 2

C.F.R. Due to this, in the following Petition for Exemption and associated documentation, South Bay Top
40 will establish clear reasoning as to why their particular commercial sUAS flights should be granted exemption and why their business should be exempt from certain parameters of 14 C.F.R.

A s has been established by the FAA ov er the last year, sUAS pilots are allowed to petition for exemption from certain aircraft rules that may be inapplicable to sUAS craft or that may place an undue burden on a peti ti oner looking to turn their sUAS hobb y into a commercial business. South Bay Top 40 would like to request exemption from certain parameters contained in 14 C.F.R. The specific rules for which South Bay Top 40 requests exemption will be covered in further detail in the documentation to come, but, in

su mmary, South Bay Top 40 looks to be exempt from the types of rules that may limit or otherwise prevent their intent of operating sUAS commercially within the United States.

Furthermore, t hese commercial operations would onl y be conducted after a granted Section 333 Exemption and within the outlined conditions below or that may be otherwise highlighted by the Federal Aviation Administration in their Exemption Approval Letter

. With the approval of this exemption, South Bay Top 40 will be allowed to commercially operate their sUAS within the United States of America. Specifically, South Bay Top 40 will be allowed to fly commercially with the DJI Phantom 2

, DJI Phantom 3 Professional

, DJI Inspire 1

, and DJI Matrice 100

. Furthermore, South Bay Top 40 will be opera ting their sUAS in furtherance of various applications within the following industries; Cinematography and Real Estate . D etails of these flight crafts; their manuals, safety parameters, operational checklists and more, along with these sUAS flight applications, will be

ex panded upon in more detail below.

In addition to South Bay Top 40 ’s Petition for Exemption pertaining to the use of the aforementioned
aircraft and use

- cases, the granting of this Petition will also allow for the commercia l operations of sUAS
in Clas s G Airspace, below 400 feet Above Ground Level (“AGL”) , nationwide, or as otherw ise granted in a Certificate of Authorization (“COA”). To start, South Bay Top 40 will adhere to the blanket Cert ificate of Authorization that is granted to each entity receiving an Exemption Number. This COA currently allows for flights nationwide, in Class G Airspace, below 200 feet AGL. 2 Further flight areas sought by South Bay Top 40 will be applied for through the FAA’s COA Portal. Additionally, with the potential
hazards and obstacles associated with low

- altitude flight

, South Bay Top 40 will adhere to the Visual
Fli ght Rule (“VFR”) minimums which apply to this airspace. Further details on these operational
minimums will be discussed in the documentation to come.

The Petitio n for Exemption below provides details relating to the proposed applications of commercial

sUA S use by South Bay Top 40

. Specifically, South Bay Top 40 seeks exemption in an effort to conduct commercial operations within the following industries; Cinematography and Real Estate

.

In addition to the v ariety of Industry applications highlighted above, this Petition fo r Exemption will also cover details on various methods of operation and sensor/imagery types for the various applications. Specifically, South Bay Top 40 will incorporate a variety of sensor payloads on its sUAS in an effort to capture necessary imagery or data types for each specific application or use

- case. Examples of the payload technologies used on the sUAS include, but are not limited to; Visible Light Spectrum Imagery, Near Infrared ( “ NIR ” ) Imagery, Thermal Infrared I magery, LIDAR, Se nsor Technologies , GPS Guidance, Photogrammetry, Semi

- Autonomous and Autonomous Flight Controllers (For safety), Object AvoidancePETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 3

Systems, and more. With the data collected from these various sensor payloads, South Bay Top 40 will be able to provide high quality data for representatives from the below

- highlighted industries.

 Cinematography: High resolution video can provide a new perspective of a product for potential buyers. By providing an aerial shot to the director of a commercial shoot, these video marketers can more effectiv ely represent a company’s product, which in turn returns value to that commercial customer and provides for a stronger economy through increased demand for products and services.

 Real Estate: High quality, high resolution imagery and aerial cinematography can provide a new perspective for an interested home buyer which in turn allows for another marketing piece for land developers and real estate agents to move properties and thus create a stronger housing market.

T he applications highlighted in this petition obv iously p rovide high quality data to a variety of interested parties in vari ous industries. However, sUAS have more to provide than just interesting pictures and efficient operations. There is also the enhanced safety sUAS provide not only for the operato rs of these systems, but also, the people around them, communities as a whole, and the National Airspace System (“NAS”).

Within this Petition for Exemption you will find that the applications highlighted above along with the aircraft systems utilized by South Bay Top 40 , satisfy the conditions highlighted by the Federal Aviation Administration as requirements for a successful Section 333 Exemption Petition

. 3 Specifically, the sUAS operating in furtherance of the industry applications above should;

1. Provide a benefit to the public as a whole, and;
2. Not adversely affect safety.

To answer these requirements this Petition for Exemption will highlight the public benefits provided by the proposed sU AS operations as well as show the positive affect these operations will have on safety. Specifically, it will be shown that the commercial sUAS flights proposed in this Petition further the public interest by satisfying what is sometimes referred to as th e 3D’s or 4D’s of Unmanned Aerial Vehicle (“UAV”) Intervention

. 4 Basically, the “D” list provides a description of situations in which an unmanned vehicle should be used in place of a manned aircraft, more clearly, those s ituations in which an aerial operation is going to be; Dull, Dirty, Dangerous, or Deep

. 5 This list is often associated with early military applications utilizing UAV’s. The UK Ministry of Defense for example still uses th is list in determining the role of Unmanned Aircraft, highlighting the importance of Unmanned Systems in times where the operation is ; 5

 Dull

- flights require persistence or repetition.  Dangerous

- flights carry a high deg ree of risk.  Dirty

- flights must be carri ed out in hazardous environments, or;  Deep

- flights are beyond the range of tactical

- aircraft, manned platforms.

In addition to the justification that will be provided in detail in the pages to come relatin g to the 4 D’s of UAV Intervention and safety attributes of the sUAS Operations proposed in this Petition for Exemption, it is also important to quickly consider the aircraft types utilized by South Bay Top 40

.PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 4

As mentione d above, South Bay Top 40 seeks exemption for the utilization of the DJI Phantom 2

, DJI Phantom 3 Professional

, DJI Inspire 1

, and DJI Matrice 100

. All of these aircraft ar e small Unmanned Aircraft Systems and are battery

- powered. Operations conducted by South Bay Top 40 with these sUAS will adhere to the guidelines set forth by the Federal Aviation Administration and C ommunity

- Based Organizations such as the Academy of Model Aeronautics (“AMA”). Through the adherence of these guidelines South Bay Top 40 will c ommercially operate their sUAS with an equivalent level of safety, if not supe rior level of safety, as outlined by the Federal Aviation Administration’s Section 333 Exemption Guidelines.

Furthermore, the commercial sUAS operations being proposed by South Bay Top 40 in this Petition for Exemption wou ld produce far safer methods of data capture than currently

- used collection methods in which manned aircraft are used. Consider that manned aircraft weigh thousands of pounds, are made of metal, are powered by a combus tion engine, carry flammable fuel, an d are carrying people. Plus, with the type of data

- capture proposed in this Petition, a manned aircraft would have to operate in high

- risk situations, including, in close proximity to the ground where the risk of an accident is highest and the risk to peo ple and property on the ground is the greatest. Contrasting the two aircraft types, it is clear that a plastic, battery powered, unmanned vehicle operating at low altitudes, would be much safer than a multi

- thousand pound metal aircraft, powered by a comb ustion engine, and carrying a person at low altitudes.

This fact is furt her bolstered by the operational and aircraft

- specific parameters giv en by the FAA when deciding whether or not to grant Section 333 Exemptions

. 6 T hese directives include ;

1. The size of the aircraft
2. The weight of the aircraft
3. The speed of the aircraft
4. The operational capability of the aircraft
5. The aircraft operation’s proximity to airports
6. The aircraft operation’s proximity to populated areas , and;
7. Th e aircraft operation’s adherence to Visual Line of Sight Rules

As highlighted above, it is clear that this Petition for Exemption and both the aircraft types and applications state d herein, strictly adhere to the operational and aircraft

- specific paramete rs highlighted by the FAA for a successful Exemption Petition and thus, support the granting of this Exemption. A summary of the reasoning behind this statement can be found below as;

1. All proposed sUAS are Small
2. All proposed sUAS weigh below 55 lbs.
3. All proposed sUAS travel at less than 100 mph (87 Knots)
4. All proposed sUAS are capable flight systems and have been granted Exemptions previously
5. All proposed operations will take place at least 5 miles from an Airport
6. All proposed operations will take place i n unpopulated area s (U nless prior approval is given {See Condition #34 [“ Proposed Conditions of the Exemption ”] below})
7. All proposed operations will adhere to the Visual Line of Sight RulesPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 5

By adhering to t he par ameters published by the FAA and by promoting the public good through the various Industry applications to be highlighted below, this Pe tition for Exemption on behalf of South Bay Top 40 s trongly supports the granting of this Exemption.

We kindly ask for your consideration of this Petition for Exemption. Please see the table of contents below for all our documentation and for assistance in reviewing this Petition. Thank you for your efforts in reviewing this document and we look forward to your response. If you have any questions while reviewing this document please do not hesitate to ask. You can contact the Preparer of this document for all questions relating to this petition and they can be reached at 1

- 608

- 370

- 2858 or by email at dmzaerial@gmail.com . Further contact information can be found at th e top of this Petition or on the following website s; www.dronefly.com or www.dmzaerial.com . Once again thank you for your efforts in reviewing this Petition for Exemption and we look forward to your reply.

Best Regards,

DMZ Marketing, LLC. (DMZ Aerial)



## Contact Information

Document Preparer:

DMZ Marketing, LLC. 1501 Parkview Court Prairie du Sac, WI 53578 USA
Contact: Zach Fiene Phone: 608

- 370

- 2858 Email: dmzaerial@gmail.com Website: www.dmzaerial.com

Petitioner:

South Bay Top 40
77

- 17th Street Hermosa Beach, CA 90254 Michael Miller
310

- 465

- 5872 info@southbaytop40.comPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 6



## Disclosure

The Petitioner for this exemption is South Bay Top 40

, a web design and internet marketing company founded in 2002 that provides, first class website design, SEO, Internet marketing, graphic design, as well as aerial videograph y and photography as an added service to its clientele. South Bay Top 40 purchased document preparation services through Dronefly, Inc. for the purpose of petitioning the FAA to be allowed to fly their Small Unma nned Aircraft Systems commercially within the United States. Dronefly Inc., contracts DMZ Marketing, LLC. also known as DMZ Aerial, to help formulate these documents and work with the customer to help promote safe flying practices and appropriate operatio ns. This is done through questionnaires, phone conversations, document preparation, training module creation, and more. If you have any questions relating to the Petitioner, Dronefly, Inc. or DMZ Marketing, LLC. (“DMZ Aerial”), please do not hesitate to contact us using the contact information provided above.



## Table of Contents

Petition for Exemption

................................ ................................ ................................ ............................ 1

Contact Information

................................ ................................ ................................ ................................ 5

Disclosure

................................ ................................ ................................ ................................ ................ 6
The Applicant

................................ ................................ ................................ ................................ .......... 9
Commitment to Safety

................................ ................................ ................................ ...................... 10
Experience and Expertise

................................ ................................ ................................ ................... 10

Privacy

................................ ................................ ................................ ................................ ............... 11
Publishable Summary

................................ ................................ ................................ ............................ 11

Petitioner’s Contact Information

................................ ................................ ................................ ........... 13
Proposed sUAS Operati ons

................................ ................................ ................................ .................... 13
Small Unmanned Aircraft Systems

................................ ................................ ................................ ..... 13

DJI Phantom 2

................................ ................................ ................................ ................................ 13

DJI Phantom 3 Professional

................................ ................................ ................................ ............ 14

DJI Inspire 1

................................ ................................ ................................ ................................ ... 14

DJI Matrice 100

................................ ................................ ................................ .............................. 15
Unmanned Flight Crew

................................ ................................ ................................ ...................... 15
Unmanned Flight Conditions

................................ ................................ ................................ .............. 16PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 7

Unmanned Flight Operations

................................ ................................ ................................ ............. 17
Aircraft and Equivalent Level of Safety

................................ ................................ ................................ ... 17
National Security

................................ ................................ ................................ ................................ ... 17
Proposed Conditions of the Exemption

................................ ................................ ................................ .. 18
Exemptions Requested & Applicable Conditions/Reasoning

................................ ................................ ... 24
14 C.F.R 21(h): Airworthiness Certificates

................................ ................................ .......................... 24

14 C.F.R. 2 7: Airworthiness Standards

- Normal Category Rotorcraft

................................ .................. 24
14 C.F.R. 43.7: Authorized Maintenance/Repair/Alteration Personnel

................................ ............... 24
14 C.F.R. 43.11: Dispositions of Records for Inspections

................................ ................................ ..... 25
14 C.F.R. 45.11: Making of Products

................................ ................................ ................................ ... 25
14 C.F.R. 45.23(b): Display of Marks; General

................................ ................................ ..................... 25

14 C.F. R. 45.27: Marking of the Aircraft

– Rotorcraft

................................ ................................ .......... 26

14 C.F.R. 45.29: Size of Marks

................................ ................................ ................................ ............ 26

14 C.F.R. 61.3: Requirement for Certificates, Ratings, and Authorizations

................................ .......... 26
14 C.F.R. 61.23(a) and (c): Medical Certificates

– Requirements and Duration

................................ .... 27
14 CFR 61.101(e) (4) and (5): Recreational Pilot Privileges and Limitations

................................ ......... 28
14 CFR 61.113 (a) & (b): Private Pilot Privileges and Limitations

– Pilot In Command

.......................... 29
14 C.F.R. 61.315(a) (c): Privileges and Limits of Sport Pilot’s License

................................ ................... 29
14 C.F.R. 91.7(a): Civil Aircraft Airworthiness

................................ ................................ ..................... 33
14 C.F.R. 91.9(b)(2): Civil Aircraft Flight Manual

................................ ................................ ................. 33
14 C.F.R. 91.9(c): Civil Aircraft Marking, Placards

................................ ................................ ............... 34
14 C.F.R. 91.103: Preflight Action

................................ ................................ ................................ ....... 34
14 C.F.R. 91.105: Flight Crewmembers at Stations

................................ ................................ ............. 35
14 C.F.R. 91.109: Flight Instruction

................................ ................................ ................................ .... 35
14 C.F.R. 91.113(b): Right

- of

- Way Rules

................................ ................................ ............................. 37

14 C.F.R. 91. 119: Minimum Safe Altitudes

................................ ................................ ......................... 37
14 C.F.R. 91.121: Altimeter Settings

................................ ................................ ................................ ... 38
14 C.F.R. 91.151(a): Fuel Requirements for VFR Flight Conditions

................................ ...................... 40
14 C.F.R. 91.203(a) and (b): Civil Aircraft

– Certifications Required

................................ ..................... 40
14 C.F.R. 215: ATC Transponder and Altitude Reporti ng Equipment and Use

................................ ..... 41

14 C.F.R. 91.403: General

................................ ................................ ................................ ................... 42
14 C.F.R. 91.405(a): Maintenance Required

................................ ................................ ....................... 43
14 C.F.R. 91.407(a)(1): Operation after Maintenance or Alteration

................................ .................... 43PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 8

14 C.F.R. 409(a)(1) and (2): Inspections

................................ ................................ .............................. 44

14 C.F.R. 91. 417(a) and (b): Maintenance Records

................................ ................................ ............. 44

Privacy

................................ ................................ ................................ ................................ .................. 45
Public Interest and Safety

................................ ................................ ................................ ...................... 46
Cinematography

................................ ................................ ................................ ............................ 47

Real Estate

................................ ................................ ................................ ................................ ..... 49
Regulations R equested for Exemption

................................ ................................ ................................ ... 51
Appendix 1: Regulations Requested for Exemption

– List

................................ ................................ ... 51

Exhibit List

................................ ................................ ................................ ................................ ............. 51
Exhibit 1: South Bay Top 40 Operations Manual

................................ ................................ ................. 51
Exhibit 2: South Bay Top 40 Logbook Example

................................ ................................ ................... 51
Exhibit 3: South Bay Top 40 Visual Observer Training Procedures & Guide

................................ ......... 52
Visual Observer Training Procedures

................................ ................................ .............................. 52
Visual Observer Training Guide

................................ ................................ ................................ ...... 52
Exhibit 4: South Bay Top 40 Pilot In Command Training Guide

................................ ........................... 52
Pilot In Command Training Procedures

................................ ................................ .......................... 52
Pilot in Command Training Guide

................................ ................................ ................................ ... 5 2

Exhibit 5: DJI Phantom 2

................................ ................................ ................................ .................... 53

Exhibit 6: DJI Phantom 2 User Manual

................................ ................................ ............................... 53

Exhibit 7: DJI Phantom 2 Quick Start Guide

................................ ................................ ........................ 53

Exhibit 8: DJI Phantom 2 Features

................................ ................................ ................................ ...... 53
Exhibit 9: DJI Phantom 2 Specifications

................................ ................................ .............................. 53
Exhibit 10: DJI Phantom 2 Flight Controller User Manual

................................ ................................ ... 53
Exhibit 11: DJI Phantom 2 Smart Battery Safety Manual

................................ ................................ ..... 53
Exhibit 12: DJI Phantom 2 Pilot Training Guide

................................ ................................ ................... 54

Exhibit 13: DJI Phantom 3 Professional

................................ ................................ .............................. 54

Exhibit 14: DJI Phantom 3 Professional User Manual

................................ ................................ .......... 54

Exh ibit 15: DJI Phantom 3 Professional Quick Start Guide

................................ ................................ .. 54

Exhibit 16: DJI Phantom 3 Professional Features

................................ ................................ ................ 54

Exhib it 17: DJI Phantom 3 Professional Specifications

................................ ................................ ........ 54
Exhibit 18: DJI Phantom 3 Professional Flight Controller System

................................ ........................ 54
Exhibit 19: DJI Phantom 3 Professional Smart Battery Manual

................................ ........................... 55
Exhibit 20: DJI Phantom 3 Professional Safety/Preflight Checklist and Guidelines Training

................. 55PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 9

Exhibit 21: DJI Inspire 1

................................ ................................ ................................ ...................... 55
Exhibit 22: DJI Inspire 1 U ser Manual

................................ ................................ ................................ . 55
Exhibit 23: DJI Inspire 1 Quick Start Guide

................................ ................................ .......................... 55
Exhibit 24: DJI Inspire 1 Features

................................ ................................ ................................ ....... 55

Exhibit 25 : DJI Inspire 1 Specifications

................................ ................................ ................................ 55
Exhibit 26: DJI Inspire 1 Flight Controller System

................................ ................................ ................ 55
Exhibit 27: DJI Inspire 1 Smart Battery Manual

................................ ................................ ................... 56

Exhibit 28: DJI Matrice 100

................................ ................................ ................................ ................ 56

Exhibit 29: DJI Matrice 100 User Manual

................................ ................................ ............................ 56

Exhibit 30: DJI Matrice 100 Features

................................ ................................ ................................ .. 56
Exhibit 31: DJI Matrice 100 Specifications

................................ ................................ .......................... 56
Exhibit 32: DJI Matrice 100 Smart Battery Manual

................................ ................................ ............. 56

References

................................ ................................ ................................ ................................ ............ 56

Ex emption References

................................ ................................ ................................ ........................... 58



## The Applicant

The Applicant seeking this Exemption is South Bay Top 40 , headquartered at;

77

- 17th Street Hermosa Beach, CA 90254

Southbaytop40 is a web design and internet marketing compa ny that provides aerial videography and photography as an added service to its clientele. It has been in business since 2002 offering first class website design, SEO, internet marketing and graphic design services. Southbaytop 40 is a company that has alw ays been innovative and it is for this reason that the business has recently explored the use of UAV systems as a means of marketing for their established client

- base. With more and more internet marketing transitioning to visual media as opposed to text, it is important for a company like Southbaytop40 to utilize tools that can help provide the types of visual media needed in the current market

- place. Additionally, with rise of WordPress and the various plugins and widgets available to internet marketer s, it is vital to have stunning content that can be placed throughout a website, whether it be backdrop videos, high resolution photography, or the like. To provide these types of content, Southbaytop40 has begun exploring the use of UAVs to capture aeri al imagery for clients. The founder of the company, Michael Miller, has utilized UAVs in the past for hobby

- filming friends surfing, however, he sees an opportunity in capturing aerial imagery for commercial clients. To capture this opportunity, Mr. Mill er has taken the necessary steps to begin the process of commercializing his UAV. First, he has begun the Section 333 Exemption Process and through this petition hopes to be given an exemption number so that he can start commercializing his drone
services . Additionally, Mr. Miller recently signed up with a flight school in order to obtain his privatePETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 10

pilot's license so that he is ready to fly as soon as he is granted an exemption number. Mr. Miller has already begun classes and is currently on track to o btain his license in the next few months. Mr. Miller is currently attending flight school at South Bay Aviation Inc., a flight school located at 3481 Airport Drive Site. 100, in Torrance, CA (90505). More information about this flight school can be found at www.southbayaviation.com.



### Commitment to Safety

Southbaytop40 is committed to safety, not only for the flight crew at South Bay Top 40 but also to the national airspace system and to people and property on the ground. With the founder of South Bay Top 40 recently attending flight school and starting his track to become a licensed private pilot, it can be seen that Mr. Miller is committed to taking the proper steps to become a commercial UAV pilot. The knowledge he is gaining currently as a student at South Bay Aviation is giving him a wealth of information on the types of safety practices necessary to successfully operate in the National Airspace System. With this knowledge, Mr. Miller will know how the airspace system works and will be better suited to operate his current hobby

- drone in a commercial manner.

Furthermore, it should also be noted that in situations in which Mr. Miller is not available to fly as the Pilot In Command, he will employ someone who has the correct licenses and qualifications.



### Experience and Expert ise

South Bay Top 40 has be en in business since 2002 and has significant expertise in the online, internet marketing space. Additionally, the founder of the company, Michael Miller, has 20 years of web design and online internet marketing experience in the Los Angels small business market. This experience has provided Michael with a wealth of knowledge and foresight in the internet marketing marketspace. In particular, Mr. Miller has been able to see market trends and understand how to capitalize on emerging
trends in order to sta y in business. His 20 year marketing career is a testament to that fact and shows his ability to see opportunities and seize them. Plus, with South Bay Top 40 and Mr. Miller's highly creative and innovative mindset, the business has been able to capture the essence of many small businesses which has allowed those businesses to obtain more customers and stick out in highly competitive marketspaces.

Mr. Miller sees a new emerging trend in internet marketing and that is the utilization of visual media,

suc h as high resolution photography and video. One of the many new tools to capture this type of imagery is the UAV. Mr. Miller's past experience as a hobbyist flyer of UAV systems has shown him the quality of the video and pictures he can capture and the u nique vantage points a UAV can provide. In fact, Mr. Miller has owned over 10 different hobbyist UAV systems over the past few years and has gained significant UAV flying experience across these diverse group of aircraft.

It has been clear to Mr. Miller over the past few years as a hobbyist pilot that UAV imagery and the services of capturing it, could be commercialized and it is for this reason that he is taking all thePETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 11

necessary steps, including filing this petition and going to flight school, in order to commercialize his UAV system. Moving forward, Mr. Miller hopes to provide safe and useful imagery to his customers and do it legally under a granted Section 333 Exemption and appropriate private pilot's license.



### Privacy

In terms of privacy, South Bay Top 40 will always ask permission before flying any missions that reasonably require consent from a participating or non

- participating party. Furthermore, South Bay Top 40 will securely encrypt videos and use trackin g devices on all drones used in case of crash. Currently Southbaytop40 uses various tracking systems from DJI, Flytrex, and others.



## Publishable Summary

DMZ Marketing, LLC. files this petition for exemption on behalf of South Bay Top 40

, a web design and internet marketing company founded in 2002 that provides, first class website design, SEO, Internet marketing, graphic design, as well as aerial videograph y and photography as an added service to its
clientele. South Bay Top 40 is seeking exemption from certain parameters of 14 C.F.R. in orde r to

com mercially operate sUAS within the United States in the following industries; Cinematography and
Real Estate

. Specifically, South Bay Top 40 requests exemption from the following Federal Aviation Administration rules;

1. 14 C.F.R 21(h): Airworthiness Certificates

2. 14 C.F.R. 27: Airworthiness Standards

- Norm al Category Rotorcraft
3. 14 C.F.R. 43.7: Authorized Maintenance/Repair/Alteration Personnel

4. 14 C.F.R. 43.11: Dispositions of Records for Inspections

5. 14 C.F.R. 45.11: Making of Products
6. 14 C.F.R. 45.23(b): Display of Marks; General

7. 14 C.F.R. 45.27: Marking of the Aircraft

– Rotorcraft

8. 14 C.F.R. 45.29: Size of Marks
9. 14 CFR 61.3: Requirement for Certificates, Ratings, and Authorizations

10. 14 CFR §§ 61.23(a) and (c): Medical Certificates

– Requirements and Duration

11. 14 CFR 61.101(e) (4) and (5): Recreational Pilot P rivileges and Limitations

12. 14 CFR 61.113(a) & (b): Private Pilot Privileges and Limitations

– Pilot In Command
13. 14 C.F.R. 61.315(a): Privileges and Limits of Sport Pilot’s License

14. 14 C.F.R. 91.7(a): Civil Aircraft Airworthiness

15. 14 C.F.R. 91.9(b)(2): Civil Ai rcraft Flight Manual

16. 14 C.F.R. 91.9(c): Civil Aircraft Marking, Placards

17. 14 C.F.R. 91.103: Preflight Action
18. 14 C.F.R. 91.105: Flight Crewmembers at StationsPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 12

19. 14 C.F.R. 91.109: Flight Instruction
20. 14 C.F.R. 91.113(b): Right

- of

- Way Rules

21. 14 C.F.R. 91.119: Mi nimum Safe Altitudes

22. 14 C.F.R. 91.121: Altimeter Settings
23. 14 C.F.R. 91.151(a): Fuel Requirements for VFR Flight Conditions

24. 14 C.F.R. 91.203(a) and (b): Civil Aircraft

– Certifications Required

25. 14 C.F.R. 215: ATC Transponder and Altitude Reporting Equipmen t and Use
26. 14 C.F.R. 91.403: General

27. 14 C.F.R. 91.405(a): Maintenance Required

28. 14 C.F.R. 91.407(a)(1): Operation after Maintenance or Alteration

29. 14 C.F.R. 409(a)(1) and (2): Inspections

30. 14 C.F.R. 91.417(a) and (b): Maintenance Records

The approval of this P etition for Exemption would allow for the commercial operation of small Unmanned Aircraft Systems by South Bay Top 40

. These commercial operations would strictly adhere to all Federal Aviation Administration rules and regula tions not stated herein as rules requested for exemption. The commercial operations flown by South Bay Top 40 , if this Petition were granted, would be flown utilizing one of the following aircraft platforms; the DJI Phantom 2

, DJI Phantom 3 Professional

, DJI Inspire 1

, and DJI Matrice 100

. Specifically, the commercial operations utilizing t hese unmanned
aircraft would center around the following indu stry applications; Cinematography and Real Estate

. Additionally, all the indust ry applications highlighted above would include one or more of the unmanned
aircraft noted above

, flying no more than 400 feet Above Ground Level (“AGL”) o r in airspace otherwise

spec ified in a granted Certificate of Authorization (“COA”).

Furthermore , this Petition for Exemption should be granted to South Bay Top 40 because th e operation
of the listed sUAS above will provide for commercial operations while maintaining an equivalent level of safety as would be provided by the above

- listed rules. Additionally, as will be highlighted below, the small Unmanned Aircraft utilized by South Bay Top 40 will provide methods of aerial data collection far safer
than the alternative of manned aircraft c ollection of the same data sets. Low altitude data

- collection flights, in close proximity to people and property, are far safer when accomplished using a battery

pow ered sUAS weighing less than 10 lbs., than with a combustion

- engine

- powered, multi

- thousan d pound, manned aircraft, with flammable fuel onboard.

Considering the seve n factors highlighted by the FAA as parameters for successful Section 333 Exemption Petitions, including; Size, Weight, Speed, Operational Capability, Proximity to Airports, Proxi mity to Populated Areas, and Operations within Visual Line of Sight

, 6 this Petition supports the Petitioner’s

re quest for exemption relating to each operational and aircraft

- specific parameter . Specifically, the
aircraft u tilized by South Bay Top 40 are in the small

- size category as they are below the 55 lbs. weight class, they travel at less than 100 mph, they are proven flight platforms based on previously granted petitions, all operations w ill be conducted at least 5 miles from an airport and over unpopulated areas (unless otherwise granted permis sion by the FAA in a granted Certificate of Authorizatio n), and all flights
will be conducted within Visual Line of Sight.

In addition, the data collectio n flights provided by the sUAS highlighted in this Petition will promote safer operations for professional service providers in the aforementioned industries.PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 13



## Petitioner’s Contact Information

Petitioner:

South Bay Top 40 Southbaytop40 Michael Miller
77

- 17th Street Hermosa Beach, CA 90254
310

- 465

- 5872 info@southbaytop40.com



## Document Preparer:

DMZ Marketing, LLC. 1501 Parkview Court Prairie du Sac, WI 53578 USA
Contact: Zach Fiene Phone: 608

- 370

- 2858 Email: dmzaerial@gmail.com Website: www.dmzaerial.com



## Proposed sUAS Operations

Small Unmanned Aircraft Systems

This Petition for Exemption under Section 333 will permit the Petitioner to operate the DJI Phantom 2

, DJI Phantom 3 Professional

, DJI Inspire 1

, and DJI Matrice 100

. Further operating characteristics, specifications, and other important craft

- specific information on the DJI Phantom 2

, DJI Phantom 3
Professional

, DJI Inspire 1

, and DJI Matrice 100 are covered in detail starting with Exhibit 5 . Each of these documents are publically circulated and have been previousl y vetted by the FAA in previously granted Petitions for Exemption under Sect ion 333. In the aircraft summarie s below , please see the references to previously granted petitions for the use of each specific aircraft type in commercial operations within the United States

.


### DJI Phantom 2

The requested exemption will permit the Petitioner the right to use the DJI Phantom 2 Quadcopter for commercial use within the United States of America and under the strict adherence of FAA Guidelines,
ATO

- Issued COA’s, and the l ike. The DJI Phantom 2 has a maximum take

- off weight of 1300 grams including technical payloads and batteries. Furthermore this quadcopter is capable of a max flight speed of 15 meters per second and has the following abilities;PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 14

 Vertical Take

- Off  Ve rtical Landing  Hover

- Hold Position  Simultaneous Vertical & Horizontal Movement  Maximum Flight Speed Abilities in every lateral direction

For easy reviewing, please see the Phantom 2

- Specific Exhibits below for more information on the DJI Phantom 2 craft, its specifications, abilities, and more. Additionally, please consider the FAA’s previous review of these exhibits and granting of Petiti ons using these supporting documents for the commercial
use of the DJI Phantom 2 in the following listed Exemption ;

 Marco Zvanik

– Ventus Wind, LLC.

– Exemption No. 11398



### DJI Phantom 3 Professional

The requested exemption will permit the Petitioner the right to use the DJI Phanto m 3 Professional Quadcopter for commercial use within the United States of America and under the strict adherence of FAA Guidelines, ATO

- Issued COA’s, and the like. The DJI Phantom 3 Professional has a weight of 1280 grams including propellers and batteri es. Furthermore, this quadcopter is capable of a max flight speed of 16 meters per second and has the following abilities;

 Vertical Take

- Off  Vertical Landing  Hover

- Hold Position  Simultaneous Vertical & Horizontal Movement  Maximum Flight Speed A bilities in every lateral direction

For easy reviewing, please see the Phantom 3 Professional

- Specific Exhibits below for more information on the DJI Phantom 3 Professional craft, its specifications, abilities, and more. Additionally, please
consider the FAA’s previous review of these exhibits and granting of Petitions using these supporting
documents for the commercial use of the DJI Phantom 3 Professional in the following listed Exemption ;

 Jeffery Greer

– Berkshire Hathaway Home Services

– Exemption N umber 11587/11587A



### D JI Inspire 1

The requested exemption will permit the Petitioner the right to use the DJI Inspire 1 Quadcopter for commercial use within the United States of America and under the strict adherence of FAA Guidelines,
ATO

- Issued COA’s, and the like. Th e DJI Inspire 1 has a weight of 2935 grams including the battery payload. Furthermore, this quadcopter is capable of a max flight speed of 22 meters per second and has the following abilities;

 Vertical Take

- Off  Vertical LandingPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 15

 Hover

- Hold Position  Simultaneous Vertical & Horizontal Movement  Maximum Flight Speed Abilities in every lateral direction

For easy reviewing, please see the Inspire

- Specific Exhibits below for more information on the DJI Inspire 1 craft, its specifications, abilities, and more. Additionally, please consider the FAA’s previous review of these exhibits and granting of Petitions using these supporting documents for the commercial use of the DJI Inspire 1 in the following listed Exemptions;

 Jeffery Greer

– Berkshire Hathawa y Home Services

– Exemption Number 11587/11587A  Phillip Stiles

– GPS Development, LLC dba SkyViewHD

– Exemption Number 11399/11399A



### DJI Matrice 100

The requested exemption will permit the Petitioner the right to use the DJI Matrice 100 Quadcopter for
commercial use with in the United States of America and under the strict adherence of FAA Guidelines,
ATO

- Issued COA’s, and the like. The DJI Matrice 100 has a maximum take

- off weight of 3400 grams including technical payloads and batteries. Furthermore, this quadcopter is capable of a max flight speed of 22 meters per second and has the following abilities;

 Vertical Take

- Off  Vertical Landing  Hover

- Hold Position  Simultaneous Vertical & Horizontal Movement  Maximum Flight Speed Abilities in every lateral direction

F or easy reviewing, please see Matrice 100

- Specific Exhibits below for more information on the DJI Matrice 100 craft, its specifications, abilities, and more. Additionally, please consider the FAA’s previous review of these exhibits and granting of Petitio ns using these supporting documents for the commercial
use of the DJI Matrice 100 in the following listed Exemption ;

 Dan Pham

– Alert5 International, LLC.

– Exemption Number 11814



### Unmanned Flight Crew

The unmanned flight crew ope rating South Bay Top 40 flight crafts for purposes of commercial operations within the United States under this proposed Exe mption will consist of a Pilot I n Command (“PIC”) and a Visual Observer (“VO”).

Adhering to current FAA guidelines and precedent established in previously granted Section 333 Exemptions, the PIC will have, at minimum, a Recreational or Sport Pilot’s License and a Third Class
Medical Certificate or a valid U.S. Driver’s Lice nse

. 7 Additionally, both the PIC and VO will be trained in the operation of sUAS prior to commercial operations. Furthermore, any new information surroundingPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 16

the aircraft’s efficient, effective, or safe operations, will b e disseminated by South Bay Top 40 to both the PIC and VO to ensure continued safe flights.

On top of the general sUAS training, the PIC will also have completed, at a minimum, 25 hours of sUAS flight training with the specif ic sUAS craft they are using for their commercial operation and will be required to receive annual continued educatio n and training moving forward. A specific PIC Training Presentation is contained in the exhibits below and will accompany this Petition fo r Exemption.

The Visual Observer will also have completed specific trai ning relating to their duties during an unmanned flight. The training procedures that will be used to educate VO’s are contained in the
Exhibits below.



### Unmanned Flight Conditions

A s has been described above, the sUAS use proposed by the Petitioner in this Petition for Exemption
under Section 333 revolves around the following industries; Cinematography and Real Estate

. Each of these industry applications will be described in further detail below under the “ Unmanned Flight Operations ” Title.

Moving on from the specific use

- cases, it should also be noted that all commercial sUAS flights proposed in this Petition for Exemption will be conducted below 400 feet AGL or as otherwise permitted in a granted Certificate of Authorization. Furthermore, all flights will be conducted within Visual Line of Sight, as is currently advised by the Federal Aviation Administration and Academy of Model

Aeronautics

. 6 Additionally, the PIC will only ope rate the Petitioner’s sUAS if weather conditions permit safe operations. The judgement of “Safe Weather Conditions” will be determined based on several standing classifications developed by the Federal Aviation Administration. These include operations
be ing conducted under the Visual Meteorological Conditions (“VMC”) rules.

As stated previously in this Petition, South Bay Top 40 will strictly adhere to the FAA’s V isual F light R ule s,

an d obviously, to be following Vis ual Fl ight Rules, South Bay Top 40 will have to first satisfy the Visual Meteorological Conditions associated with VFR flights. In particular, the Petitioner will be cognizant of the boundary between Visual Meteorological Conditio ns, which allow for Visual Flight Rules, and Instrument Meteorological Conditions, which require Instrument use. Specifically, South Bay Top 40 will be considering the VMC Minima pertaining to Visibility, Cloud Ceilings, and Cloud Clearances associated with airspace below 400 feet AGL, where the Petitioner’s sUAS will be flying. Thus, the Petitioner will only operate when visibility is at least 3 statute miles from the PIC and at a minimum of 500 feet below and 2,000 feet ho rizontally from a cloud

. 8

In addition to the particular flight conditions stated above, it should also be noted that the flight crew will always make an assessment of the current situation for each, specific flight. This a ssessment will conclude with a determination of the relative safety of the flight and any risks or hazards that may be present. If this assessment finds that the flight will be too dangerous or that there are too many hazards
or risks associated with the flight, the flight crew will not take off. Furthermore, in order to maintain the safety of the general public, flight operations utilizing the Petitioner’s sUAS will only take place after permission is granted to the Petitioner by the landowner, property owner, or other controllingPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 17

representative. All current FAA regulations not covered within this petition will be followed as well as all local and state rules surrounding flights near or around people. Additional information on the parameters dictating f lights near people can be found below in the “ Proposed Conditions of the Exemption .”



### Unmanned Flight Operations

When conducting commercial flight operations under the pro posed applications in this Petition for

E xemption , a commitment to safety will always be paramount. Additionally, with the goal of each flight to accurately collect valuable aerial data in an efficient manner, it will be vital for all flights to be safe for several reasons, including;

 The safety of the South Bay Top 40 Flight Crew will be necessary for continued flights.  The safety of the general public will be necessary for continued operations.  The safety of the aircraft will be necessary for continued commercial endeavors.

Furthermore, in an effort to supply the Cinematography and Real Estate industries with valuable data, it will be imperative for all South Bay Top 40 flights to be conducted in a safe and professional manner so as to not risk the safety of the flight crew, general public, or aircraft as well a s to avoid damaging people or property operating in the National Airspace System or on the ground below.

To ensure the safe and professional execution of each sUAS flight, all flights will be conducted utilizing at least a two person flight crew. This f light crew will consist of an adequately

- trained (“ Unmanned Flight

Crew ” ) PIC and VO. For specifics pertaining to the standard operating procedures utilized by the Petitioner under the proposed Petition for Exempti on and for more details on training, please see
Exhibits 1

- 4

. 

## Aircraft and Equivalent Level of Safety

As is stated in the FAA’s Section 333 Exemption Guidelines, Petitioners for Exemption must show that their proposed c ommercial, sUAS operations provide a level of safety at least equal to that provided by the rule from which the Petitioner seeks an exemption

. 6 As will be highlighted below, the request for this Exemption by the Petitioner is fortified by its commitment to safety. Furthermore, the operation of sUAS by the Petitioner, using the previously stated flight crafts and operating within the above

- stated

use

- cases under the rules, regulations, and limitations stated herein, should be permitted under the proposed exemption. Reasoning for this can be derived from the strict adherence to existing regulations from the Federal Aviation Administration as well as the adoption of the following cond itions ; each providing at least an equivalent level of safety as is provided by the existing rule.


## National SecurityPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 18

In addition to the arguments supporting the Petitioner’s exemp tion from certain rules contained in 14
C.F.R. , it is also importan t to note that the granting of this petition and in turn, permission for the
Petitioner to conduct commercia l sUAS flights, will not present a national security threat. As has been stated in this Petition

, and

, as is precedent from the F ederal Aviation Ad ministration , the PIC of a sUAS must hold, at minimum, a Recreational or Sport Pilot’s Certificate, meaning he or she has already been subject to a security screening by the Department of Homeland Security. 9

This provisi on, relating to the acquisition of a Recreational or Sport Pilot’s Certificate, points to checks already provided by the FAA and Department of Homeland Security in ensuring secure aircraft operations. As is stated by the Aviation and Transportation Securi ty Act, the Transportation Security Administration (“TSA”) must assess information in order to identify individuals that may pose a threat to transportation security and coordinate countermeasures with other Federal Agencies such as the FAA. Therefore, du e to the fact it is a requirement for all PICs to be at least Recreational or Sport Pilot Certified, it can be assumed that adequate security checks by the TSA and FAA have taken place prior to a sUAS Pilot conducting commercial operations.


## Proposed Co nditions of the Exemption

As is noted by the Federal Aviation Administration in their , “Section 333 Petition Guidance & Checklist

, ” 3 Section 333 Exemption Petitioners are strongly advised to, “Carefully review the Conditio ns and
Limitations Section in the most recently granted exemptions.” 3 Due to this, the following Conditions of the proposed Exemption closely follow this guidance and mirror many of the same conditions previously noted by other exemption petitioners. The following list will highlight these conditions and establish a framework from which the petitioner, South Bay Top 40 , will conduct their commercial sUAS operations under a granted petition fo r exemption.

1. Proposed operations using Small Unmanned Aircraft Systems in the United States under the granted form of this Petition for Exemption will be limited to the following aircraft, which all weigh less than 55 pounds including batteries and ope rational/technical payloads; DJI Phantom

2

, DJI Phantom 3 Professional

, DJI Inspire 1

, and DJI Matrice 100

. Furthermore, any aircraft outside of this comprehensive list for this Pe tition for Exemption will have to be added to an amended version of this petition or a new Petition for Exemption must be filed with the new flight platform (s)

.

2. The proposed use

- cases/applications contained within this Petition for Exemption under Section 333 are as follows; Cinematography and Real Estate

. All of these flights will t ake place below 400 feet AGL nationwide unless otherwise advised in an
ATO

- issued Certificate of Waiver or Authorization.

3. All flights conducted by South Bay Top 40 will be below 400 feet AGL, operated within Visual
Line of S ight, and have a live, GPS

- based, read

- out of altitude during the flight. Furthermore, each flight will begin with a “Zero Altitude” start point, thus creating an accurate AGL
calculation.PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 19

4. All flights conducted by the Petitioner will be controlled by a trained flight crew consisting of a licensed (at minimum Recreational or Sport Pilot’s Certificate) PIC with a Medical Certificate or equivalent valid U.S.A. Driver’s license and a trained Visual Observer.

5. All flights conducted by the Petitioner will i nclude aircraft that are flying below the 87 knot (100 mph) airspeed maximum, highlighted by the FAA in their guidelines.

6. All flights conducted by South Bay Top 40 will be conducted within Visual Line of Sight, during dayt ime flying hours, and adhere to Visual Flight Rules under the Visual Meteorological Conditions associated with 400 foot AGL airspace.

7. The Petitioner will not allow any PIC to operate a sUAS unless the PIC meets the qualification standards set by the Fede ral Aviation Administration (i.e. Minimum

- Sport Pilot’s Certificate and Medical or U.S.A. Driver’s License) and by the safety guidelines and operational capabilities relating to safe sUAS operations, such as;

a. Evasive Maneuvers
b. Emergency Actions

c. Fail

- Saf e Knowledge
d. Flight Skills
i. Maintaining adequate distances from;

1. People

2. Property
3. Structures
4. Etc.

8. PIC qualification flight hours will be logged in a manner consistent with 14 C.F.R. 61.51(b). Additionally, a record of the PIC training will be documented and made available upon request by the Administrator.

9. Training operations will only be conducted during dedicated training sessions. During training, all persons not essential for flight operations will be deemed nonparticipants, and thus, the PIC will opera te the aircraft with appropriate distance from nonparticipants in accordance with 14
C.F.R. 91.119.

10. As highlighted by the FAA, the Visual Observer’s duty is to visually observe the relevant airspace for aircraft, hazards, obstacles, structures, or the li ke. For this reason, the VO will not be allowed to operate the camera or other instruments on the sUAS during flight operations. Instead, a third person will have to serve as a camera operator if the flight crew seeks a dedicated pilot and dedicated came ra operator.

11. The PIC, for the duration of an unmanned flight, will be named prior to the flight. Due to this, once the PIC is named and a flight is begun, the PIC will not be able to transfer his/her designation as the PIC

, through the duration of the flight. Furthermore, the PIC is the Captain ofPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 20

the flight crew and will ensure that the Visual Observer is qualified to hold the VO position for the duration of the flight.

12. Each commercial sUAS flight performed by South Bay Top 40 will be planned for ahead of the flight date. This will be to ensure adequate time for all participants to prepare and to obtain all the necessary permissions (landowners, homeowners, property owners, etc.) if any are needed. All flights will be preceded by a meeting at least one day before the flight at which all participants of the flight will be present. This is to ensure adequate knowledge and preparedness prior to the sUAS flight.

13. Aircraft maintenance is obviously vital for any commerc ial sUAS operation. It ensures safety and is necessary prior to each flight to maintain safe, efficient, and effective flight operations. Once again, the PIC, as the captain of the flight crew, will take a leading role in inspecting the aircraft prior to flight. The PIC will likely have the most experience of anyone on the flight crew and will be in tune with the specific maintenance needs of each specific flight craft. If the PIC were to find an error in the flight craft or any of the associated system s, including the Ground Control System for example, he/she would ground the flight until adequate maintenance is completed and the aircraft is once again safe to fly. All maintenance on flight crafts utilized by the Petitioner will be noted and logged to ensure the safety of all aircraft and the people operating them.

14. Relating to the above Condition, anytime a flight

- critical component is replaced or anytime there is mission

- critical maintenance on the craft, the PIC will conduct a flight test of the sy stem before completing the intended, commercial mission. Once again this flight test will be logged by the PIC.

15. Routine maintena nce and inspections of the sUAS will be logged by the PIC in accordance with the requirements and suggestions laid out by th e aircraft manufacturer in terms of aircraft component maintenance, overhaul, replacement, inspection, and life limits, which are part of the supporting documents for each aircraft below in the aircraft

- specific exhibits . The logging of these maintenance/ inspection checks will be included in the aircraft records and include the total time of service and description of work.

16. All sUAS flights will be conducted within Visual Line of Sight (“VLOS”) of both the PIC and VO at all times. Furthermore, VLOS mea ns visual observance unaided by any device other than corrective lenses such as eye glasses or contacts. The use of telescopes, FPV systems (for purposes of VLOS flights), binoculars, and the like will not be permitted. Also, both the PIC and VO should b e in constant, verbal communication range. The use of other devices to communicate out of verbal range are not permitted. These devices would include, cell phones, text messaging, walky

- talkies, and the like.

17. No commercial flight missions will be exec uted unless it can be determined that the flight crew can complete their mission from take

- off through landing, with a reserve of 25% battery life. The Petitioner’s newest flight crafts have adaptive battery monitors and

, for this reason

, this condition w ill be an automated process as the Petitioner can set the default Advisory and Critical Battery warnings to 35% and 30% respectively, which will warn the PIC of the depleted battery and engage him/her to fly home and land with 25% remaining power. For all South BayPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 21

Top 40 systems without this automated feature, a watch will be used to monitor flight times to ensure a safe return home with adequate battery power. However, due to the revolving adoption of the newest flight pla tforms and the current stock of new generation flight crafts, the overwhelming majority of sUAS flights after the granting of this exemption will utilize a Smart Battery System.

18. In the case of an unexpected obstacle or in

- flight issue, each sUAS the Peti tioner operates will have the ability to abort a mission and take corrective actions.

19. The sUAS utilized by South Bay Top 40 will be programmed so that if the sUAS loses signal with the PIC or Ground Control Station durin g flight, the system will return to a preprogrammed GPS location located within the operating area containing the flight crew. Furthermore, this failsafe can also be used in controlled situations, meaning the failsafe will be able to be engaged should

som ething happen on the ground that disallows the PIC from bringing the sUAS back in a normal fashion. Additionally, in both situations described above, where the failsafe is either a controlled action from the pilot or an uncontrolled situation, like radio

- link signal loss, the unit will not only fly back to its preprogrammed home point, it also has the ability to land itself. This allows safe operations of the aircraft even in troublesome situations, such as signal loss, and prevents the unit from flying o ff uncontrollably or landing in an unknown location.

20. The operating documents required under 14 C.F.R. 91.9 and 91.203 will be maintained and available to the PIC at the Ground Control Station of the aircraft anytime the sUAS is operating. Furthermore, t hese documents will be available for review by the Administrator or other law enforcement officials upon request and are additionally contained in Exhibit 1, with appropriate links to the specific flight manuals of each flight craft requested in this Petit ion for Exemption.

21. It is always important to specify precedent when determining operating practices. For this reason, if a discrepancy exists between the conditions laid out in this Petition for Exemption and the actual Granted Exemption, the conditio ns laid out in the finalized Granted Exemption will take precedent over the conditions laid out in this Petition. Furthermore, if there are no discrepancies between the Petition and Grant of Exemption, the Petitioner will follow the procedures outlined in the Operating Documentation below. Additionally, if any changes are made to the Operating Procedures and Documentation contained in this Petition for Exemption, the Petitioner will present the updated documents upon request from the Administrator. Also, should the Petitioner determine that an update or change to the procedures or documentation would affect the basis of the approved version of this Petition for Exemption, the Petitioner will either file for an amendment to the existing Exemption or create a new Petition with the
revisions.

22. As has been noted, the Petitioner will obtain written and/or oral permission from the landowners, farmers, property owners, or otherwise authorized agents for flights above their property.

23. The Petitioner will also obtain all required permissions and permits from territorial, state, county or city jurisdictions, including;

a. Law EnforcementPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 22 b. Fire Departments

c. Municipal Agencies, or; d. Other Appropriate Governmental Bodies

24. The Petitioner will not conduct operations at ni ght. Furthermore, all operations will be conducted under Visual Meteorological Conditions (“VMC”).

25. The Petitioner is aware of the need to obtain an Air Traffic Organization (“ATO”) issued Certificate of Waiver or Authorization (“COA”) prior to conducting operations under the grant of exemption. The Petitioner intends to fly under the Blanket COA provided by the FAA in March of 2015 for flights below 200 feet to all Section 333 Exemption holders or under a future ATO

issued COA that will be applied for by the Petitioner after receiving their Section 333 Exemption.

26. All sUAS flights conducted by the Petitioner will be done so in accordance with airspace requirements established by the FAA and/or an ATO

- issued COA, including;

a. Class of Airspace b. Altitude Lev el, and potential;

c. Transponder Requirements

27. As has been stated, the sUAS will not be operated within 5 nautical miles of an airport reference point as noted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s Air Traffic Control is obtained, and the operation is conducted in accordance with a NOTAM as required by the Operator’s COA.

28. As stated previously, the Petitioner will follow VMC guidelines for VFR flights and as such, will fly only when there is visibilit y equal to, or in excess of, 3 statute miles from the PIC, while maintaining an adequate distance of no less than 500 feet below, or less than 2,000 feet horizontally from a cloud.

29. All operations by the Petitioner will be conducted below 400 feet AGL, nat ionwide or as otherwise advised in an ATO

- issued COA.

30. All sUAS craft flown by the Petitioner will be marked and identifiable by a serial number which will be as large as practicable given the relatively small size of the aircraft. The FAA has previousl y stated that so long as the markings are as large as practicable given the size of a sUAS, an equivalent level of safety can be achieved.

31. All aircraft utilized by the Petitioner operate via radio frequency, which is governed by the Federal Communicat ions Commission (“FCC”). For this reason, prior to commercial operations under a granted Section 333 Exemption, the Petitioner will ensure the radio frequency spectrum used to operate and control its sUAS complies with FCC or other appropriate government oversight agency rules and regulations.

32. As is stated in the FAA guidelines, a sUAS is required to yield the right of way to all manned aircraft and aviation operations at all times. This rule will be strictly followed by the Petitioner.PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 23

33. The concentra tion of a PIC is necessary for safe operations. It is for this reason that the Petitioner will not allow any sUAS operations while a PIC is in a moving device or vehicle. These vehicles would include things like;

a. Cars/Trucks/SUVs b. Boats

c. Tractors d. ATVs

34. Al l sUAS operations by the Petitioner will be conducted at least 500 feet from all nonparticipating people, vessels, vehicles, and structures, unless the following conditions apply;

a. Protective barriers are present that adequately protect nonparticipants fro m flying shrapnel or debris should there be an accident. Furthermore, should a nonparticipant leave this safe

- zone, the PIC will end the flight.

b. The Petitioner has been granted permission to operate near a vessel, vehicle, or structure by the owner/con troller of these properties. In addition to permission, the PIC will also have to perform a risk assessment of the situation and potential obstacles/flight hazards and determine the safety of the flight. If it is determined that the hazards present no ri sk, the PIC can start the mission.

35. The Petitioner will log and report to the UAS Integration Office within 24 hours of any incident, accident, or flight operation that occurred outside the horizontal and vertical boundaries of the operational area as de fined by the COA under which the flight was operating. Furthermore, the Petitioner will report accidents to the National Transportation Safety Board (NTSB).

36. The Petitioner will provide additional flight training to PICs that may be towing objects in the event of an exemption from 14 C.F.R. 61.315 (c) (18). In the event that the Petitioner is exempt, each PIC that is designated as being a potential candidate for flying a sUAS while towing an object will be required to undergo additional training, on top o f their required training and certifications, that will consist of 10 hours of training flights while towing objects. These objects will be dummy banners that weigh no more than the max weight allowable to satisfy the max takeoff weight specifications as highlighted by the manufacturer for each flight craft. Furthermore, the 10 hours of training will be required for each aircraft type, thus giving the PIC adequate training time and experience while towing objects with specific flight crafts. This will be necessary to familiarize each PIC with each specific flight craft in order to learn how specific flight craft respond to towing objects, particularly with regard to downwash and wind. Additionally, of the 10 total flight hours required for training on tow ing objects, 5 of these hours must be in the max wind tolerances as specified by the manufacturer for each flight craft. Training in these conditions will hone the skills of each PIC and allow them to operate in the worst case scenario for towing objects, which is high wind. When conducting actual commercial flights while towing objects, the Petitioner will not conduct flights in conditions where sustained winds are more than 75% of the maximum wind tolerance of the aircraft or when there are wind gusts i n excess of 75% of the maximum wind tolerance as specified by the manufacturer for each aircraft.PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 24



## Exemptions Requested & Applicable Conditions/Reasoning

14 C.F.R 21(h) : Airworthiness Certificates

Subpart (h) of Part 21 from the Code of Federal R egulations Title 14, Chapter 1, prescribes procedural requirements for the issuance of Airworthiness Certificates. Proposed Conditions 1, 2, 3, 4, 5, 15, 24, 27, 28, and 33 are all applicable to this particular Regulation and the FAA has found in favor of exempting previous Petitions #11062, 11063, 11064, 11065, 11066, and 11067 for this portion of 14 C.F.R. Furthermore, it is the belief of the Petitioner that a sUAS operating without an Airworthiness Certificate
but within the conditions stated above wou ld provide an equivalent level of safety to an aircraft operating with an airworthiness certificate not subject to the above conditions or limitations.

Additionally, all the sUAS proposed within this Petition for Exemption are small, weigh less than 7.5 lb s, have a flight speed of less than 100 mph, carry no pilots or passengers, carry no flammable fuel, are
electric

- powered, are operated below 400 feet, are operated at least 5 miles from an airport, and are flown within unaided, visual line of sight of a t rained and licensed Pilot In Command. Plus, with built

- in
fail

- safes that include GPS Guidance technologies, Return to Home Features for lost signal and low battery emergencies, and for the ability to regain radio connection with the craft after a fail

- sa fe is engaged, it is clear the proposed aircraft have safety features equivalent to and superior to conventional aircraft that hold airworthiness certificates. For these reasons it is the belief of the Petitioner that they be exempt from 14 C.F.R. 21(h).



### 14 C.F.R. 27 : Airworthiness Standards

- Normal Category Rotorcraft

Title 14, Part 27 of the Code of Federal Regulations creates the procedural requirements for airworthiness certification of Normal Category Rotorcraft. Due to the fact that the proposed aircraft contained within this Petition for Exemption are multi

- rotor aircraft, the Petitioner seeks exemption from 14 C.F.R 27 for the same reasons stated in the request for exemption from 14 C.F.R. 21(h).



### 14 C.F.R. 43.7 : Authorized Maintenance/Repair/A lteration Personnel

Title 14, Part 43, Section 43.7 of the Code of Federal Regulations regulates personnel authorized to approve aircraft, airframes, aircraft engines, propellers, appliances, or component parts for return to service after maintenance, pre ventive maintenance, rebuilding, or alteration. Proposed conditions 13 and 14 are applicable to this particular regulation and the FAA has found in favor of previous Exemption #11208 pertaining to this rule. Furthermore, it is the opinion of the Petition er that the stated rule would create a burden as the Petitioner would have to find a regularly authorized conventional mechanic or otherwise licensed personnel to sign off on an unconventional flight craft’s maintenance. More clearly,
it would be difficul t to find a mechanic that specializes in Cessna Repair that is also an expert in small
radio

- controlled multi

- rotors.PETITIONER

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Additionally, it is likely that the operator of the sUAS (the PIC) would be more knowledgeable on the interworking’s of their sUAS than a regular mechanic as they likely have past RC flying experience. Particularly, the PICs working for the Petitioner will always have at least 25 hours of RC craft experience, in which time they will likely have to repair a prop for example. Due to the re lative ease of replacing props on a multirotor (screw the broken one off and replace with a new one) it is not necessary for a certified or authorized individual to sign off on the repair. Instead, the repair can easily be done by authorized personnel wor king for the Petitioner so long as the conditions and procedures stated above, are followed. For these reasons it is the belief of the Petitioner that they be exempt from 14 C.F.R. 43.7.



### 14 C.F.R. 43.11 : Dispositions of Records for Inspections

Title 14, Part 43, Section 43.11 of the Code of Federal Regulations pertains to the disposition of Records for Inspections. Proposed condition number 13 pertains to this particular regulation and the FAA has found in favor of previous Exemption #11208 which co ntained this rule. For the reasons stated in Condition 13 (“Proposed Conditions of the Exemption”) above, it is the belief of the Petitioner that they be exempt from 14 C.F.R. 43.11.



### 14 C.F.R. 45.11 : Making of Products

Title 14, Part 45, Section 45.11 o f the Code of Federal Regulations pertains to the manufacturing of aircraft and major aircraft components, including, but not limited, aircraft bodies, aircraft engines, and aircraft propellers. This particular rule requires various procedures for marking each component with fireproof markings and, in a manner acceptable to the Federal Aviation Administration, for purposes of
identification. Proposed Condition for Exemption #30 above, pertains to this particular regulation and
the FAA has ruled on it in previous Exemption #11208. For the reasons stated in Condition #30 (“ Proposed Conditions of the Exemption ”) above, it is the belief of the Petitioner that they be exempt
from 14 C.F.R. 45.11.



### 14 C.F.R. 45.23(b ) : Display of Marks; General

Title 14, Part 45, Section 45.23(b) of the Code of Federal Regulations states that;

 “ 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.”PETITIONER

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In a previous grant of exemption (Exemption #11062) it was determined by the FAA that the exemption of sUAS operators from this provision was warranted so long as the aircraft, “have identification (N

Number) markings in accordance with 14 C.F.R. 45 (c) if the markings are as large as practicable.” As is stated in Proposed Condition #30 above, the Petitioner will mark their aircraft with markings as large as practicable and the refore should be exempt from 14 C.F.R. 45.23(b).



### 14 C.F.R. 45.27 : Marking of the Aircraft

– Rotorcraft

According to Title 14, Part 45, Section 45.27, of the Code of Federal Regulations, the operator of a rotorcraft;

 Must display on that rotorcraft hori zontally on both surfaces of the cabin, fuselage, boom, or tail, the marks required by 14 C.F.R. 45.23.

For the same reasons stated in the request for exemption from 14 C.F.R. 45.23, the Petitioner believes it should be exempt from 14 C.F.R. 45.27. More c learly, due to Condition #30 above, which states that the Petitioner will mark their aircraft with markings as large as practicable, the Petitioner respectfully asks for exemption from 14 C.F.R. 45.27.



### 14 C.F.R. 45.29 : Size of Marks

According to Title 14, Part 45, Section 45.29, of the Code of Federal Regulations, the operator of an aircraft;

 Must display on markings on the aircraft meeting the size requirements of this section  2

- 12 inches high depending on the aircraft type  Width 2/3s wide as the char acters are high  1/6 th as thick as the characters are high  Not less than 1/4 th the character width  Uniform

For the same reasons stated in the request for exemption from 14 C.F.R. 45.23, the Petitioner believes it should be exempt from 14 C.F.R. 45.29. More clearly, due to Condition #30 above, which states that the Petitioner will mark their aircraft with markings as large as practicable, the Petitioner respectfully asks for exemption from 14 C.F.R. 45.29.



### 14 C

. F

. R

. 61.3 : Requirement for Certificates, Rat ings, and Authorizations

Title 14, Part 61, Section 61.3, of the Code of Federal Regulations pertains to the need for a Private Pilot’s license to operate an Unmanned Aerial Vehicle. The Petitioner seeks exemption from this rule to
the extent that this r ule requires a sUAS operator to hold a Private Pilot’s License. Clearly, the goal ofPETITIONER

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this particular rule is to ensure the skill of any Pilot In Command matches the operating area in which they are flying. However, it is the Petitioner’s belief that the measure of a Private Pilot’s License and the training that went into it is not necessarily connected to that Pilot’s ability to operate a small unmanned aircraft at low altitudes. Particularly, the requirement of a Private License yields potential

PICs t hat have been trained in multi

- thousand pound, manned aircraft, flying at high altitudes in comparison to 7.5 lbs. or less, battery

- powered craft, operated at 400 feet AGL or below. For this reason, it is the belief of the Petitioner that they be exempt f rom this rule as the requirement of a Private Pilot’s license is unnecessary. Furthermore, it is sta ted as such on the FAA website. 7

“ The FAA also made two other changes to the Section 333 exemption process last week:

 The agency now allows operations under these exemptions by people who hold a recreational or sport pilot certificate. Previously, Section 333 operators were required to have at least a private pilot certificate. The newly added certificates are easier to obtai n, and therefore less costly, than a private pilot certificate. ”

The authorization of Recreational and Sport Pilot Certificates as an alternative to a Private License points to a Private License as being a non

- requirement according to the FAA’s integration office. This further evidence shows that the Petitioner should be exempt from the aforementioned regulation. Clearly, the Petitioner’s requirement of all PICs (Proposed Condition #4) to hold at least a Recreational or Sport Pilot’s Certificate yields an authorized level of training according to the FAA’s own website and in turn, shows that such a requirement by the Petitioner offers an equivalent level of safety as is provided by existing rules.

Furthermore, Proposed Conditions #4, 6, 7, 8, and 9, amon g others, show the Petitioner’s commitment to safety and arguments for exemption from this rule.



### 14 C.F.R. 61.23(a) and (c) : Medical Certificates

– Requirements and Duration

According to Title 14, Part 61, Section 61.23 (a) & (c), of the Code of Federa l Regulations, the operator of an aircraft is required to hold a Medical Certificate in various Pilot In Command Situations. As is stated in Proposed Condition #4 above, the Pilot in Command will have at least a Sport’s Pilot’s License and at least a vali d U.S. Driver’s license, which has been ruled by the FAA in previously granted exemptions as a suitable alternative to a valid medical certificate for the authorized flights of unmanned systems. Furthermore, the FAA has posted on its website this new poli cy. 7 Due to Condition #4 above and the current FAA Policy displayed below, the Petitioner believes it should be granted exemption from 14 C.F.R. 61.23(a) and (c).

“ The FAA also made two other changes to the Section 333 exemption process last week:

 The agency now allows operations under these exemptions by people who hold a recreational or sport pilot certificate. Previously, Section 333 operators were required to have at least a private pilot certificate. The newly added certificates are easier to obtain, and therefore less costly, than a private pilot certificate.PETITIONER

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 A third class medical certificate is no longer required. Now, a Section 333 operator only needs a valid driver’s license to satisfy the medical requirement. This change is consistent with the agency’s approach for sport pilot certificate holders, who may fly light sport aircraft with a driver’s license and no FAA medical certificate. ”



### 14 CFR 61.101(e) (4) and (5) : Recreational Pilot Privileges and Limitation s

In Title 14, Part 61, Section 61.101(e) (4) & (5), of the Code of Federal Regulations, the FAA states that;

Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft

— for compensati on or hire or in furtherance of a business.

As can be seen on the FAA’s website (https://www.faa.gov/news/updates/?newsId=82485);

“ The FAA also made two other changes to the Section 333 exemption process last week:

 The agency now allows operations under these exemptions by people who hold a recreational or sport pilot certificate. Previously, Section 333 operators were required to have at least a private pilot certificate. The newly added certificates are easier to obtain, and therefore less costly, than a private pilot certificate.”

With the intention of Section 333 Exemptions being the integration of commercial unmanned systems into the National Airspace System, it is clear that the allowed pilot certificates now authorized by the FAA do not adhere to 14 C.F.R. 61.101 (e) (4) and (5) and thus, it is the belief of the Petitioner that they should be exempt from 14 C.F.R. 61.101 (e) (4) and (5) because this Petition for Exemption is for the expressed purpose of conductin g commercial operations of sUAS in an effort to earn compensation and/or further the business of the Petitioner. As is stated in Proposed Condition #4 above, it is the intention of the Petitioner to provide commercial sUAS flights to customers through the use of a flight crew, consisting of a Pilot In Command that holds at least a Recreational or Sport Pilot Certificate. Therefore, in all likelihood, many PICs employed by the Petitioner will have these specific Certificates and as such, will need to be able to fly for compensation.

Furtherm ore, as is stated on the FAA’s own website and as is highlighted below ;

“ The FAA also made two other changes to the Section 333 exemption process last week:

 The agency now allows operations under these exemptions by people who hold a recreational or sport pilot certificate. Previously, Section 333 operators were required to have at least a private pilot certificate. The newly added certificates are easier to obtain, and therefore less costly, than a private pilot certificate. ”

Therefore, it is highly likely that many potential PICs will have these Certificates as they are less costly and easier to obtain than a commercial Pilot’s License as an example. For these reasons, it is clear that the Petitioner should be granted an exemption from 14 C.F.R. 61.101 (e ) (4) and (5).PETITIONER

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### 14 CFR 61.113 (a) & (b) : Private Pilot Privileges and Limitations

– Pilot In Command

Title 14, Part 61, Section 61.113 of the Code of Federal Regulations states that;

Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an
aircraft.

Clearly this specific regulation conflicts with the Petitioner’s desire to provide commercial sUAS flights in the United States. Furthermore, some of the Petitioner’s PICs will have Private Pilot Licenses and as such they will be operating an aircraft (the sUAS) for c ompensation or hire under the proposed Petition for Exemption.

With the intention of Section 333 Exemptions being the integration of commercial unmanned systems into the National Airspace System, it is clear that the allowed pilot certificates now authori zed by the FAA, including a private pilot’s license

, do not adhere to 14 C.F.R. 61.113 and thus, it is the belief of the Petitioner that they should be exempt from 14 C.F.R. 61.113 because this Petition for Exemption is for the expressed purpose of conduct ing commercial operations of s UAS in an effort to earn compensation and/or further the business of the Petitioner. As is stated in Proposed Condition #4 above, it is the intention of the Petitioner to provide commercial s UAS flights to customers through t he use of a flight crew, consisting of a Pilot In Command that holds at least a Recreational or Sport Pilot Certificate (but who may also hold a Private License). In addition, the FAA has granted over 800 Section 333 Exemptions
to businesses and individua ls looking to provide commercial/compensation

- based sUAS flights.

Furthermore, looking at 61.113 (b), which states; A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:

 T he flight is only incidental to that business or employment; and  The aircraft does not carry passengers or property for compensation or hire.

The Petitioner seeks exemption from these rules as it is the Petitioner ’ s goal to fly s UAS missions for

compensa tion or hire. Additionally, the specific provision pertaining to not flying aircraft that carry property for compensation or hire is something the Petitioner would like to be exempt from as well

. Various forms of property may be carried on a s UAS, includ ing; Camera Systems, Digital Imagery,
Sensors , and the like.

For all these reasons

, the Petition er seeks exemption from 14 C.F.R. 61.113 (a) and (b).



### 14 C

. F

. R . 61.315(a)(c): Privileges and Limits of Sport Pilot’s LicensePETITIONER

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In Title 14, Part 61, Section 61.315(a), of the Code of Federal Regulations, the FAA states that;

If you hold a sport pilot certificate you may act as pilot in command of a light

- sport aircraft, except as specified in paragraph (c) of this section. Paragraph (c) reads the following;

You may not act as pilot in command of a light

- sport aircraft:

(1) That is carrying a passenger or property for compensation or hire.

(2) For compensation or hire.

(3) In furtherance of a business.

(4) While carrying more than one passenger.

(5) At night.

(6) In Class A airspace.

(7) In Class B, C, and D airspace, at an airport located in Class B, C, or D airspace, and to, from, through, or at an airport having an operational control tower unless you have met the requirements specified in §61.325.

(8) Outsi de the United States, unless you have prior authorization from the country in which you seek to operate. Your sport pilot certificate carries the limit “Holder does not meet ICAO requirements.”

(9) To demonstrate the aircraft in flight to a prospective buy er if you are an aircraft salesperson.

(10) In a passenger

- carrying airlift sponsored by a charitable organization.

(11) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL, whichever is higher.

(12) When the flight or surface visibility is less than 3 statute miles.

(13) Without visual reference to the surface.

(14) If the aircraft:

(i) Has a VH greater than 87 knots CAS, unless you have met the requirements of §61.327(b).

(ii) Has a VH less than or equal to 87 knots CAS, unless you have met the requirements of §61.327(a) or have logged flight time as pilot in command of an airplane with a VH less than or equal to 87 knots CAS before April 2, 2010.

(15) Contrary to any operating limitation placed on the airworthiness certificate of the aircraft be ing flown.PETITIONER

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(16) Contrary to any limit on your pilot certificate or airman medical certificate, or any other limit or endorsement from an authorized instructor.

(17) Contrary to any restriction or limitation on your U.S. driver's license or any restriction or limitation imposed by judicial or administrative order when using your driver's license to satisfy a requirement of this part.

(18) While towing any object.

(19) As a pilot flight crewmember on any aircraft for which more than one pilot is required by t he type certificate of the aircraft or the regulations under which the flight is conducted.

The Petitioner requests exemption from numerous provisions contained in 14 C.F.R. 61.315 (a)(c). Particularly, the Petitioner requests exemption from the followin g subparts of 14 C.F.R. 61.315 (c); 1, 2, 3, 9, and 18. Furthermore, the Petitioner believes that the remaining subparts (4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, and 19) will be adhered to via proposed conditions conta ined in “ Proposed Conditions of the Exemption ” above. Specifically, subparts 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, and 19 are covered by Proposed Conditions 1, 6 & 24, 6, 6, 1, 1, 3, 6 & 28, 6 & 28, 5, 25, 25, and 4 respectively.

Ad ditionally, pertaining to subparts 1, 2, 3, 9, 18, and 19, the Petitioner seeks exemption due to both unnecessary burdens on the Petitioner as well as an equivalent level of safety as is provided by these existing subparts of 14 C.F.R. 61.315 (a)(c). Argu ments for each subpart are contained below.

Subpart (1) of 14 C.F.R. 61.315 (c) states that a Sport

- Certified Pilot may not operate an aircraft if that aircraft is carrying passengers or property for hire/compensation. This is an unnecessary burden on the Petitioner as;

1. They will not be carrying any pass e ngers as they are flying Unmanned Systems, and;
2. There will be situations in which the Petitioner carries property for compensation.

The most likely of these situations will happen when a Petitioner is carr ying a device or measurement tool owned by another person for compensation. This may includ e an imaging sensor owned by a third party for example. If a third party company owns the actual sensor but wants the Petitioner to utilize the tool on the Petitio ner’s aircraft, the Petitioner will be flying with property for compensation. This compensation is related to the risk of loss while the camera is operating on the Unmanned System as well as the aerial perspecti ve achieved by the sensor on a s UAS that wou ld otherwise be impossible to obtain if th e partner company only had the sensor. This example is common in many industries in which ground tools (such as cameras) are utilized on unmanned systems. Without exemption from this rule the Petitioner would hav e to either purchase the 3rd par ty sensor for use on their own s UAS or forego the compensation opportunity because they cannot carry the client’s tool and thus, not get the information the client desires. For this reason, it would be a significant burden to utilize a s UAS commercially without the ability to carry multiple sensors that may not be personally owned by the
Petitioner.

Furthermore, it is the belief of the Petitioner that an equivalent level of safety would be provided if exempt from this rule b ecause of the extensive trai ning the PIC would have on the s UAS prior to flying commercially. This training will be in excess of the existing requirement to have at least a Sport Pilot’sPETITIONER

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or Recreational Certificate . Thus, the PIC will have sufficient man ned aircraft and unmanned aircraft
traini ng to successfully operate the s UAS without endangering the public. The training procedures and training materials for the PIC can b e found in Exhibits 1 and 4 below.

In addition to subpart (1) of 14 C.F.R. 61.31 5 (a)(c), the Petitioner also requests exemption from subpart (2) which states that an operator with a Sport Pilot’s License may not operate an aircraft for compensation. As has been highlighted previously, the directive from Congress passed to the FAA vi a the FAA Modernization and Reform Act of 2012 was to integrate commercial UAV operations into the National Airspace System. Furthermore, in numerous previously filed and granted Petitions for Exemption under Section 333, it has been stated by the FAA tha t;

 The agency now allows operations under these exemptions by people who hold a recreational or sport pilot certificate.

This statement, combined with the initiative behind Section 333 exemptions (the commercial integration of UAV operations in the Nation al Airspace System) shows that the FAA has found in favor of the idea that commercial UAV operations can be conducted by people who hold a recreational or sport pilot certificate. Additionally, this same argument can be made in regard to subpart (3) of 14 C.F.R. 61.315 (a)(c), which states that a Sport

- Certified Pilot may not operate an aircraft in furtherance of a business. The FAA defines “Furtherance of a Business” as;

 A flight, even if incidental to your employment or the business you intend to conduc t, and not required by your business or employment, would be considered “in furtherance of a business.” 10

Clearly, based on this description, an aerial operation that is “in furtherance of a business” would be
considered a lesser form of commercialization than flights for hire or compensation as these types of flights are incidental to a business as opposed to directly related to the business, which is what a flight for compensation would likely be. Therefore, it is the bel ief of the Petitioner that they be exempt from this rule for the same justification as is proposed regarding 14 C.F.R. 61.315 (a)(c) (1) and (2).

On top of subparts (1), (2), & (3) of 14 C.F.R. 61.315 (a)(c), the Petitioner also seeks relief from subpart (9) which states that a Sport

- Certified Pilot may not operate an aircraft to demonstrate that aircraft for sale. The Petitioner seeks exemption from this rule as they will be carrying an inventory/stock/fleet of UAV aircraft in an effort to operate a comm ercial service business. Furthermore, this inventory/stock/fleet will turnover from time to time as new aircraft are added and old aircraft are released by the company. In this event it will be important for the Petitioner to have the capability of showi ng off the aircraft to prospective buyers so that they can get the best price for their used systems. Plus, with PICs already being heavily trained and experienced with commercial flights, there is no added risk to allowing a qualified PIC to demonstrate the aircraft for sale to prospective buyers. The demonstration after all would be equivalent or less dangerous than a commercial flight that the PIC already performs on a frequent basis as part of their job as a commercial s UAS Pilot.

The Petitioner als o seeks exemption from 14 C.F.R. 61.315 (c) (18) which states that a Sport

- Certified Pilot may not operate an aircraft while towing an object. It is the belief of the Petitioner that they be exempt from this rule as the maximum takeoff weight of their air craft will never exceed the max takeoff weight specifications highlighted by the manufacturer. These max takeoff weights are the maximumPETITIONER

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weight these aircraft can carry (including themselves) and still fly effectively. Thus, any object being towed by the aircraft will have to weigh equal to or less than the maximum allowable weight in order to maintain or come under the max takeoff weight specifications highlighted by the manufacturer. Additionally, Proposed Condition 36 f rom the “ Proposed Conditions of the Exemption ” above, highlights reasoning as to why the Petiti oner believes their commercial s UAS flights in which objects are towed, would provide an equivalent level of safety as is provided by the existing rul e. Particularly, the required and additional training necessary for a PIC to become an Object Towing PIC shows the skills that would be required to tow objects.

Furthermore, with the continued innovation in the world of sensors, it will be necessary for the Petitioner to be able to tow objects, such as tow

- behind sensors, in order to remain competitive with their competition. Tow

- behind sensors might measure air quality , capture imagery, or perform various other data collection methods. Competing vehicl es for these tow

- behind sensors would include ATVs, Motorcycles, Manned Aircraft, and the like. All of these potential alternatives are more expensive to operate, more dangerous to operate, and dirtier to operate. Each alternative would cost multiple tho usands of dollars to purchase, are larger, powered by combustion engines, and carry flammable fuel. Additionally, they produce negative effects on the environment. For the reasons stated above, the Petitioner believe s they should be exempt from 14 C.F.R. 61.315 (c) (18).



### 14 C.F.R. 91.7(a) : Civil Aircraft Airworthiness

Title 14, Part 91, Section 91.7 (a) of the Code of Federal Regulations states; no person may operate a civil aircraft unless it is in an airworthy condition. Proposed Condition #13 pertai ns to this particular regulation and the FAA has found in favor of previous Exemption #11062, 11063, and 11064, which contained this rule. For the reasons stated in Condition 13 (“ Proposed Conditions of the Exempt ion ”) above, it is the belief of the Petitioner that they be exempt from 14 C.F.R. 91.7 (a) and the proposed condition offers an equivalent level of safety as is currently provided by the existing rule.



### 14 C.F.R. 91.9(b)(2) : Civil Aircraft Flight Manual

Title 14, Part 91, Section 91.9 (b) (2) of the Code of Federal Regulations states;

No person may operate a U.S.

- registered civil aircraft for which an Airplane or Rotorcraft Flight Manual is not required by Part 21.5 of this chapter, unless there is avai lable, in the aircraft, a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any
combination thereof

. Proposed Condition #20 pertains to this particular regulation and the FAA has found in favor of previous Exemption s #11062, 11063, and 11064, which contained a request for exemption from this rule. For the reasons stated in Condition 20 (“ Proposed Conditions of the Exemption ”) above, it is the belief of th e Petitioner that they be exempt from 14 C.F.R. 91.9 (b) (2). Furthermore, the proposed condition offers an equivalent level of safety as is currently provided by the existing rule as the Operating manuals aboutPETITIONER

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which this rule pertains are available to t he operator at all times on the ground, just as they would be if the aircraft was carrying the operator. Thus, any information the operator desires about the aircraft or its operating guidelines, can be found within documents within arm’s reach of the ope rator or on a digital device, such as a Smart Phone or tablet , easily accessible to the operator.



### 14 C.F.R. 91.9(c) : Civil Aircraft Marking, Placards

Title 14, Part 91, Section 91.9 (c) of the Code of Federal Regulations states; No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter

. Proposed Condition #30 pertains to this particular regulatio n and the FAA has found in favor of previous Exemptions which contained a request for exemption from this rule. For the reasons stated in Condition 30 (“ Proposed Conditions of the Exemption ”) above, it is the bel ief of the Petitioner that they be exempt from 14 C.F.R. 91.9 (c). Furthermore, the proposed condition offers an equivalent level of safety as is currently provided by the existing rule as the FAA has previously determined that exemption from these requir ements is warranted provided that the aircraft “have identification (N

- Number) markings in accordance with 14 C.F.R. Part 45, Subpart c, if the markings are as large as practicable.” 11



### 14 C.F.R. 91.103 : Preflight Action

Title 14, Part 91, Section 91.103 of the Code of Federal Regulations states;

Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include

—

(a) For a flight un der IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is r equired, the takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under

expe cted values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

Proposed Conditions # 3, 6, 12, 1 6, 17, 20, 22, 23, 24, and 28 pertain to this particular regulation and the FAA has found in favor of previous Exemptions which contained a request for exemption from this rule,PETITIONER

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including Exemptions #11062, 11063, and 11064. For the reasons stated in Conditions 3, 6, 12, 16, 17, 20, 22, 23, 24, and 28 (“ Proposed Conditions of the Ex emption ”) above, it is the belief of the Petitioner that they be exempt from 14 C.F.R. 91.103. Furthermore, the proposed conditions offer an equivalent level of safety as is currently provided by the existing rule as Preflight Planning is integral to the Petitioner’s sUAS flights and each mission will be carefully planned, taking into consideration weather, power requirements, aircraft operating guidelines, and more, as seen in the proposed conditions above.



### 14 C.F.R. 91.105 : Flight Crewmembers at St ations

Title 14, Part 91, Section 91.105 of the Code of Federal Regulations states;

(a) During ta keoff and landing, and while en route, each required flight crewmember shall

—
(1) Be at the crewmember station unless the absence is necessary to perform du ties in connection with the operation of the aircraft or in connection with physiological needs; and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.

- registered civil aircraft shall, durin g takeoff and landing, keep his or her shoulder harness fastened while at his or her assigned duty station. This paragraph does not apply if

—

(1) The seat at the crewmember's station is not equipped with a shoulder harness; or

(2) The crewmember would be unable to perform required duties with the shoulder harness fastened.

Proposed Condition #4 pertains to this particular regulation and the FAA has found in favor of previous Exemptions which contained a request for exemption from this rule, including Exemption #11185. For the reason stated in Condition #4 (“ Proposed Conditions of the Exemption ”) above, it is the belief of the Petitioner that they be exempt from 14 C.F.R. 91.105. Furthermore, 14 C.F.R. 91.105 doesn’t really apply to the Petitioner ’s aircraft as all the aircraft requested b y the Petitioner weigh below 10 lbs. and do not carry a physical crew. As such, there is no cockpit or other operating area within the vehicle where a prospective crewmember would harness themselves in. Instead, all operations of the sUAS are executed from the ground from a designated operating area, in which, each crewmember has an assigned position at which they will stand during the operation. Generally, this standing ar ea would be near the ground station for the PIC and in a pre

- designated area (which is determined by the PIC) for the VO. Utilizing pre

- determined standing areas for both the PIC and VO will ensure safe operating procedures of the Unmanned Vehicle.



### 14 C.F.R. 91.109 : Flight InstructionPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 36

Title 14, Part 91, Section 91.109 of the Code of Federal Regulations states;

(a) No person may operate a civil aircraft (except a manned free balloon) that is being used for flight
instruction unless that aircraft has f ully functioning dual controls. However, instrument flight instruction may be given in an airplane that is equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls, when

—
(1) The instructor has determined that the flight can be conducted safely; and

(2) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings.

(b) An airplane equipped with a single, functioning thr owover control wheel that controls the elevator and ailerons, in place of fixed, dual controls may be used for flight instruction to conduct a flight review required by§ 61.56 of this chapter, or to obtain recent flight experience or an instrument proficiency check required by § 61.57 when

—
(1) The airplane is equipped with operable rudder pedals at both pilot st ations;

(2) The pilot manipulating the controls is qualified to serve and serves as pilot in command during the entire flight;

(3) The instructor is current and qualified to serve as pilot in command of the airplane, meets the requirements of§ 61.195(b) , and has logged at least 25 hours of pilot

- in

- command flight time in the make and model of airplane; and

(4) The pilot in command and the instructor have determined the f light can be conducted safely.

(c) No person may operate a civil aircraft in simulated instrument flight unless

—
(1) The other control seat is occupied by a safety pilot who possesses at least a private pilot certificate with category and class ratings a ppropriate to the aircraft being flown.

(2) The safety pilot has adequate vision forward and to each side of the aircraft, or a competent observer in the aircraft adequately supplements the vision of the safety pilot; and

(3) Except in the case of lighte r

- than

- air aircraft, that aircraft is equipped with fully functioning dual controls. However, simulated instrument flight may be conducted in a single

- engine airplane, equipped with a single, functioning, throwover control wheel, in place of fixed, dual

co ntrols of the elevator and ailerons, when

—
(i) The safety pilot has determined that the flight can be conducted safely; and

(ii) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings.

( d) No person may operate a civil aircraft that is being used for a flight test for an airline transport pilot certificate or a class or type rating on that certificate, or for apart 121 p roficiency flight test, unless the pilot seated at the controls, other than the pilot being checked, is fully qualified to act as pilot in
command of the aircraft.PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 37

Proposed Conditions #4, 7, 8, and 9 pertain to this particular regulation and the FAA has fo und in favor of previous Exemptions which contained a request for exemption from this rule, including Exemptions #11062, 11063, and 11064. For the reasons stated in Conditions #4, 7, 8, and 9 (“ Proposed Conditions of the Exemption ”) above, it is the belief of the Petitioner that they be exempt from 14 C.F.R. 91.109.



### 14 C.F.R. 91.113(b) : Right

- of

- Way Rules

Title 14, Part 91, Section 91.113(b) of the Code of Federal Regulations states;

(b) General. When weathe r conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an
aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right

of

- way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well
clear.

Proposed Conditions #6 and 32 pertain to this particular regulation and the FAA has found in favor of previo us Exemptions which contained a request for exemption from this rule, including Exemption #11238. For the reasons stated in Conditions #6 and 32 (“ Proposed Conditions of the Exemption ”) above, it is the belief of the Petitioner that they be exempt from 14 C.F.R. 91.113(b). Due to the fact that all the Petitioner’s sUAS operations will take place under the guidance of a PIC and VO within Line of Sight of the aircraft, it is the belief of the Petitioner that their proposed operations offer an equivalent level of safety as is provided by the existing rule.



### 14 C.F.R. 91.119 : Minimum Safe Altitudes

Title 14, Part 91, Section 91.119 of the Code of Federal Regulations states;

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any cong ested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 fe et above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 38

(d) Helicopters, powered parachutes, and weight

- shift

- control ai rcraft. If the operation is conducted without hazard to persons or property on the surface

—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter compl ies with any routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight

- shift

- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.

Proposed Conditions #3, 6, 25, 26, 28, 29, and 34 pertain to this particular regulation and the FAA has found in favor of previous Exemptions which contained a request for exemption from this rule. For the reasons stated in Conditions #3, 6, 25, 26, 28, 29, and 34 (“ Proposed Conditions of the Exemption ”) above, it is the belief of the Petitioner that they be exempt from 14 C.F.R. 91.119.

Each of the Proposed Conditions above create sUAS operations with equivalent safety to what t he typical manned mission under 14 C.F.R. 91.119 would provide. Remember, when comparing to manned operations with manned flight craft, a sUAS is much smaller and light

- weight. Consider the fact that a manned aircraft weighs thousands of pounds, carries flammable fuel, and is powered by a combustion engine. Clearly, carrying out a mission utilizing a sUAS would provide for a safer operation than would a
conventional aircraft under 14 C.F.R. 91.119.



### 14 C.F.R. 91.121 : Altimeter Settings

Title 14, Part 91 , Section 91.121 of the Code of Federal Regulations states;

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

—
(1) Bel ow 18,000 feet MSL, to

—
(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current repo rted altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure; or

(2) At or above 18,000 fe et MSL, to 29.92′′ Hg.

(b) The lowest usable flight level is determined by the atmospheric pressure in the area of operation as shown in the following table:PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 39

Current altimeter setting Lowest usable flight level

29.92 (or higher) 180

29.91 through 29.42 185

29.41 through 28.92 190

28.91 through 28.42 195

28.41 through 27.92 200

27.91 through 27.42 205

27.41 through 26.92 210

(c) To convert minimum altitude prescribed under§§ 9 1.119 and 91.177 to the minimum flight level, the pilot shall take the flight level equivalent of the minimum altitude in feet and add the appropriate number of feet specified belo w, according to the current reported altimeter setting:

Current altimeter setting Adjustment factor

29.92 (or higher) None

29.91 through 29.42 500

29.41 through 28.92 1,000

28.91 through 28.42 1,500

28.41 through 27.92 2,000

27.91 through 27.42 2,50 0

27.41 through 26.92 3,000

Proposed Condition #3 pertains to this particular regulation and the FAA has found in favor of previous Exemptions, particularly Astraeus Aerial, which contained a request for exemption from this rule based
on the idea that an equivalent level of safety could be provided so long as the Unmanned Aircraft was operated below 400 feet AGL, within Visual Line of Sight, and operated with a live, GPS

- based, Altitude
read

- out. For the reasons stated in Condition #3 (“ Proposed Conditions of the Exemption ”) above, it is the belief of the Petitioner that they be exempt from 14 C.F.R. 91.121 because they are receiving a live,

GPS

- Altitude, read

- out on each flight, they are operating below 400 feet AGL, and they are operating within Visual Line of Sight. Furthermore, as can be seen in Proposed Condition #3, each flight conducted by the Petitioner will begin with a zero

- altitude start point.PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 40



### 14 C.F.R. 91.151(a) : Fuel Requirements for VFR Flight C onditions

Title 14, Part 91, Section 91.151(a) of the Code of Federal Regulations states;

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the fi rst 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.

Proposed Condition #17 pertains to this particular regulatio n and the FAA has found in favor of previous Exemptions, particularly Astraeus Aerial, which contained a request for exemption from this rule based on an equivalent level of safety being provided by a sUAS when ending a flight with at least 25% battery
lif e remaining. Clearly, a percent battery life remaining is a better measure for safety when using a sUAS because the current battery capacities achieved by these types of v ehicles (including all the sUAS proposed in this Petition for Exemption) often do n ot allow for flight times of over 25 minutes, which is
far less than even the reserve time limits mandated by 14 C.F.R. 91.151(a). For the reasons stated in Condition #17 (“ Proposed Conditions of the Exemption ”) above, it is the belief of the Petitioner that they be exempt from 14 C.F.R. 91.151(a) because they can achieve an equivalent level of safety by terminating their flights with 25% battery life remaining.



### 14 C.F.R. 91.203(a) and (b) : Civil Aircraft

– Ce rtifications Required

Title 14, Part 91, Section 91.203(a) and (b) of the Code of Federal Regulations states;

(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. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued under§ 21.197(c) of this chapter, appropriate sections of the a ir carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under § 21.197(c) , or an authorization under § 91.611 ) must have on it the registration number assigned to the aircraft under pa rt 47 of this chapter

. However, the airworthiness certificate need not have on it an assigned special identification number before 10 days after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an assigned spec ial identification number that has been affixed to an aircraft may only be obtained upon application to an FAA Flight Standards district office.PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 41

(2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in§ 47.31(c) , or a registration certification issued under the laws of a foreign country.

(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.

Proposed Condition #20 pertains to this particular regulation and the FAA has found in favor of previous Exemptions, particularly Exemptions #11062, 11063, and 11064, which contained a request for exemption from this rule. Additionally, all required paperwork will be available to the PIC and VO on the ground as these are Unmanned S ystems as opposed to manned aircraft. This paperwork may be in
hard

- copy form or available through a link on the internet, such as a Google Drive account for example.



### 14 C.F.R. 215 : ATC Transponder and Altitude Reporting Equipment and Use

Title 14, Pa rt 91, Section 91.215 of the Code of Federal Regulations states;

(a) All airspace: U.S.

- registered civil aircraft. For operations not conducted under part 121 or 135 of this chapter , ATC transponder equipment installed must meet the performance and environmental requirements of any class of TSO

- C74b (Mode A) or any class of TSO

- C74c (Mode A with altitude reporting capability) as appropriate, or the appropriate class of TSO

- C112 (Mode S).

(b) All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A interrogations with the code specified by ATC, or a Mode S capability, replying to Mode 3/A interrog ations with the code specified by ATC and intermode and Mode S interrogations in accordance with the applicable provisions specified in TSO C

- 112, and that aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations by transmitting pressure altitude information in 100

- foot increments. This requirement applies

—
(1) All aircraft. In Class A, Class B, and Class C airspace areas;

(2) All aircraft. In all airspace with in 30 nautical miles of an airport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL;

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originally certificated with an engine

- driven elec trical system or which has not subsequently been certified with such a system installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part provided such operations a re conducted

—
(i) Outside any Class A, Class B, or Class C airspace area; andPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 42 (ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 10,000 feet MSL, whichever is lower; and

(4) All aircraft in all airs pace above the ceiling and within the lateral boundaries of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and

(5) All aircraft except any aircraft which was not originally certificated with an engine

- driven
electr ical system or which has not subsequently been certified with such a system installed, balloon, or glider

—
(i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and

(ii) In the airspace from the surface to 10,000 feet MSL within a 10

- nautical

- mile radius of any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the lateral boundaries o f the surface area of the airspace designated for that airport.

(c) Transponder

- on operation. While in the airspace as specified in paragraph (b) of this section or in all controlled airspace, each person operating an aircraft equipped with an operable AT C transponder maintained in accordance with § 91.413 of this part shall operate the transponder, including Mode C equipment if installed, and shall reply on the appropriate code or as assigned by ATC.

(d) ATC authorized deviations. Requests for ATC authorized deviations must be made to the ATC facility having jurisdiction over the concerned airspace within the time periods specified as follows:

(1) For operation of an aircraft with an operating transponder but without operating automatic pressure altitude repo rting equipment having a Mode C apability, the request may be made at any time.

(2) For operation of an aircraft with an inoperative transponder to the airport of ultimate
dest ination, including any intermediate stops, or to proceed to a place where suitable repairs can be made or both, the request may be made at any time.

(3) For operation of an aircraft that is not equipped with a transponder, the request must be
made at leas t one hour before the proposed operation.

Proposed Conditions #3, 25, 26, and 27 pertain to this particular regulation. Clearly, by following the aforementioned Proposed Conditions, and particularly all the reporting requirements contained in an

ATO

- Issu ed COA, the Petitioner can provide an equivalent level of safety as is provided by the existing rule and ensure adequate compliance with reporting standards as set forth in the rule.



### 14 C.F.R. 91.403 : General

Title 14, Part 91, Section 91.403 of the Code of Federal Regulations states;PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 43

(a) The owner or operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthy condition, including compliance with part 39 of this chapter

. (b) No person may perform maintenance, preve ntive maintenance, or alterations on an aircraft other than as prescribed in this subpart and other applicable regulations, including part 43 of this chapter

. (c) No person may operate an aircraft for which a manufacturer's maintenance manual or instructi ons for continued airworthiness has been issued that contains an airworthiness limitations section unless the mandatory replacement times, inspection intervals, and related procedures specified in that section or alternative inspection intervals and relate d procedures set forth in an operations specification approved by the Administrator underpart 121 or 135 of this chapter or in accordance with an inspection program approved under § 91.409(e) have been complied with.

(d) A person must not alter an aircraf t based on a supplemental type certificate unless the owner or operator of the aircraft is the holder of the supplemental type certificate, or has written permission
from the holder.

Proposed Conditions #13, 14, and 15 pertain to this particular regulatio n. Clearly, by following the aforementioned Proposed Conditions the Petitioner can provide an equivalent level of safety as is provided by the existing rule and ensure adequate compliance with maintenance standards as set forth
in the rule.



### 14 C.F.R. 91.405(a) : Maintenance Required

Title 14, Part 91, Section 91.405(a) of the Code of Federal Regulations states;

Each owner or operator of an aircraft

—
(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between requi red inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ;

Proposed Conditions #13, 14, and 15 pertain to this particular regulation. Clearly, by following the
aforementione d Proposed Conditions the Petitioner can provide an equivalent level of safety as is provided by the existing rule and ensure adequate compliance with maintenance standards as set forth
in the rule.



### 14 C.F.R. 91.407(a)(1) : Operation after Maintenance or Alteration

Title 14, Part 91, Section 91.407(a)(1) of the Code of Federal Regulations states;

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

—PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 44

(1) It has been approved fo r return to service by a person authorized under§ 43.7 of this chapter.

Proposed Conditions #13, 14, and 15 pertain to this particular regulation. Clearly, by following the aforementioned Proposed Conditions the Petitioner can provide an equivalent level of safety as is provided by the existing rule and ensure adequate compliance with maintenance standards as set forth
in the rule.



### 14 C.F.R. 409(a)(1) and (2) : Inspections

Title 14, Part 91, Section 91.409(a)(1) and (2) of the Code of Federal Regulat ions states;

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

—
(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter

. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records.

Proposed Conditions #13, 14, and 15 pertain to this particular regulation. Clearly, by following the aforementioned Proposed Conditions the Petitioner can provide an equivalent level of safety as is provided by the existing rule and ensure adequate compliance with maintenance standards as set forth
in the rule.



### 14 C.F.R. 91.417(a) and (b) : Maintenance Records

Title 14, Part 91, Section 91.417(a) and (b) of the Code of Federal Regulations states;

(a) Except for work performed in accordance with§§ 91.411 and 91.413 , each registered owner or

op erator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved ins pections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft.
The records must include

—
(i) A description (or reference to data acceptable to the Administrator) of the work performed; andPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 45 (ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return

to service.

(2) Records containing the following information:

(i) The total time in service of the a irframe, each engine, each propeller, and each rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required

to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current stat us of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date
when the nex t action is required.

(vi) Copies of the forms prescribed by§ 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following reco rds for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2 ) of this section shall be retained and transferred
with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

Proposed Conditions #13, 14, and 15 pertain to this particular regulation. Clearly, by following the aforementioned Proposed Conditions the Petitioner can provide an equivalent level of safety as is provided b y the existing rule and ensure adequate compliance with maintenance standards as set forth
in the rule.



## Privacy

When discussing the use of Small Unmanned Aerial Vehicles the question of privacy frequently comes up. The reason for this is clear as sma ll unmanned aircraft, despite their incredible uses as a tool, also have the potential to be used for nefarious activities, such as spying for example. This presents a risk toPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 46

the personal privacy of individuals. Furthermore, in less extreme cases of inv asion of privacy, a small unmanned craft might accidently capture imagery that would comprise someone’s privacy. Due to these potential privacy risks it is imperative for operators of small unmanned craft to use their aircraft responsibly and focus on mit igating any of the potential privacy risks their aircraft creates. The Petitioner is particularly aware of the privacy concerns of individuals and due to this is extremely focused on providing privacy not only for individuals, but also for customers.

In terms of privacy, South Bay Top 40 will always ask permission before flying any missions that reasonably require consent from a participating or non

- participating party. Furthermore, South Bay Top 40 will securely encrypt videos and use trackin g devices on all drones used in case of a crash. Currently Southbaytop40 uses various tracking systems from DJI, Flytrex, and others.



## Pu blic Interest and Safety

According to the Federal Aviation Administration Guidelines for Section 333 Exemptions there are three main criteria a successful Petition for Exemption under Section 333 should have;

1. The Petitioner must submit a request for exemp tion from a rule or set of rules contained in 14

C

. F

. R

. that the Petitioner believe s will be a burden for their operations.

2. The Petitioner must provide a level of safety at least equal to that provided by the rule from which the Petitioner is seeking a n e xemption, and;

3. The Petitioner’s request must be in the Public Interest.

To satisfy these main guidelines, the following information will cover the justification of the proposed commercial operations under Section 333 requested by this Petition. More clea rly, the following arguments will show how each of the proposed applications/use

- cases are in the public interest and promote safety.

Specifically, the sUAS flights proposed in this petition will increase safety for the following applications; Cinematography and Real Estate

. Furthermore, it wi ll be seen that the use of sUAS by the Petitioner will also promote safety and reduce negative environmental impacts. This will be achieved because of the
lo wer risks associated with a small, plastic, battery

- powered sUAS, as compared to a manned, multi

thousand pound, combustion

- engine

- powered, flammable

- fuel

- carrying aircraft. Plus, with most sUAS data capture happening at low altitudes, because of the enha nced da ta resolution possible at low altitudes, customers of sUAS services are getting better, more accurate data, while at the same time the public is avoiding the potentially hazardous practice of ultra

- low

- flying manned aircraft. Clearly, the
combinati on of better, more accurate data, coupled with the enhanced safety of a sUAS over manned aircraft, produces a viable commercial operation that promotes the public interest. Evidence of this can be found in the industry

- specific examples below.

In additi on to the aforementioned safety benefits and promotion of public interest s, it should also be noted that all the sUAS aircraft utilized by the Petitioner satisfy the directives passed to the Federal Aviation Administration by Congress in t he Reform Act of 2012 . Specifically, all of the Petitioner’s aircraft satisfy the size, weight, speed, operating capabilities, proximity to airports, proximity toPETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 47

populated areas, and visual line of sight rules and requirements laid out by Congress. Furthermore, due

to t he FAA precedent of requiring, at minimum, a Sport Pilot’s Certificate, the FAA can be assured that all commercial flights proposed in this Petition do not pose a threat to National Security as all PIC’s will have already been vetted by the Department of H omeland Security. For these reasons and for the numerous arguments contained herein, this Petition for Exemption provides strong justification for approval of commercial operations for the above

- stated sUAS in the above

- stated applications and use

cases u nder Section 333, pursuant to the operating procedures and requirements described herein.

Furthermore, contained in the FAA Modernization and Reform Act of 2012 was Congress’ clear initiative to integrate commercial sUAS flights into the National Airspac e System. With this initiative it is definitive that Congress believ es that the integration of commercial sUAS into the National Airspace System is within the Public Interest as they are, obviously, elected representatives of the public assigned
with the duty of driving policy that promotes the Public Interest. Thus, in addition to the industry

specific examples below, it should also be considered t hat the integration of all sUAS , pursuant to their safe integration in to the NAS and providing of at least an equivalent level of safety as is provided by the current FAA rules, is inherently within the public interest.

Please look below to find more detailed descriptions as to why each of the applications highlighted above can provide a benefit to the p ublic as a whole and r easons why the exemption would not adversely affect safe ty

.



### Cinematography

The Aerial Cinematography Industry is an industr y that has been operating for many years to capture
cinema

- quality footage from low altitudes. Initially this type of cinematography was captured using fixed wings and helicopters, but in more recent years, the business has started to utilize UAVs. First

, large, gas

- powered helicopters were used and then, in the last couple years, small Unmanned Aerial Vehicles. The reason the industry has transitioned to these small aircraft is because newer UAV systems have been able to capture the quality video the in dustry is looking for but at a much lower cost and with significantly lower risks.

One of the reasons manned aircraft cinematography is so expensive is because of the dangers associated with flying a 6,000 pound aircraft, filled with flammable fuel, powered by a combustion engine, at low altitudes and over people. The insurance costs al one for these types of activities are high and accidents have happened in the industry. Some of these accidents have even lead to casualties. Earlier this year 10 people died when two helicopters crashed while filming the French Realty Show, “Dropped.” Whenever you have manned aircraft operating at low altitudes there are added risks. These risks include ground structures, confined spaces, and more. Additionally, when you have manned aircraft, any accidents are much more catastrophic than if you had th e same situation with unmanned aircraft. Once again, this is because of the size and flammable fuel carried on

- board manned aircraft. A
small Unmanned Aircraft does not have the se attributes, plus, because there are no people on board,
the chances of causa lities is lower because there is no pilot.

It is important to remember that the weight of the UAVs utilized by the Petitioner will weigh no more than 7.5 pounds and contain no crew, flammable fuel, or combustion engine. This limited weight andPETITIONER

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size will significantly reduce the potential for casualties or mass property damage in the case of a crash. Furthermore, the use of electric power by the Petitioner’s UAVs is much more environmentally

- friendly than that of a manned aircraft, which is carrying a si gnificant amount of unnecessary weight using
carbon

- based fuel sources. Therefore, in addition to the increased safety obtained by a UAV performing aerial cinematography, there is also the added public benefit of a healthier environment.

Furthermore, while traditional aerial cinematography utilizing conventional aircraft can perform in close proximity to people and property, it should be pointed out that a UAV is even safer than the traditional methods because of the limited size, weight, speed, opera ting conditions, and safety features included on the proposed aircraft within this petition. Additionally, as is highlighted in the FAA Modernization and Reform Act of 2012, the integration of UAS into the National Airspace System is inherently in the pub lic interest so long as it can be accomplished with at least an equivalent level of safety as is currently provided by existing FAA rules and regulations.

On top of this, the utilization of sUAS in the Aerial Cinematography Industry falls in line with th e 4D’s of UAS Intervention, which points to the Public Interest of using UAVs over manned aircraft. The reasoning for this can be seen below;

 Dull

– Aerial Cinematography is an industry that requires repetitive flights. There a re often multiple takes of the same scene in order to get the perfect shot with the perfect lighting. For this reason, the same flight has to occur several times in a short time period. This isn’t necessarily efficient for a manned aircraft because it ne eds to stay aloft during filming and due to this, wastes time and fuel waiting for successive shots. A UAV on the other hand can land in between shots and use significantly less power. Plus, because of the inherent risks of flying at low altitudes for ma nned aircraft (structures, people, obstacles, etc.), repetitive shots require repetitive risky flight operations.

 Dangerous

– Aerial Cinematography is almost always done at very low altitudes, which is very dangerous airspace for large, manned aircraft . There are more obstacles to consider at low altitudes and less margin for error. Therefore aerial cinematography flights using manned aircraft are more dangerous than if the same manned aircraft were operating at higher altitudes with less obstacles an d more space. Thus, an unmanned craft is a safer alternative as it is more maneuverable in confined spaces and less damaging in the case of a
crash.

 Dirty

– Some aerial cinematography is extreme in nature and may in clude things like
airborne obstacle s . While the Petitioner’s UAV system would be maintaining a safe distance
from these hazards and remaining within line of sight, it is imp ortant to consider that unpredictable accidents can happen in which a bird mi ght fly into a prop as an example . In this situation it would obviously be better to have a small unmanned craft than a large, manned aircraft, carrying a pilot and flammable fuel. As was seen with the Mircle on the Hudson incident, birds can have a devestating effect even on the most advanced aircraft in the world if they collide with a pr op or get sucked into an engine.PETITIONER

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 Deep

– Some aerial cinematography might require capabilities that only an unmanned aircraft can perform, such as flying in extremely close proximity to structures or other obstacles at low speeds. This type of application would be impossible for most manned aircraft and if not impossible, extremely dangerous. For this reason an unmanned aircraft would be required.

Additionally, the following previously granted exemptions point to the FAA’s acceptance of sUAS use in the Aerial Cinematography Industry as being within the public interest.

 Exemption Numbers:

o 11 540

o 11153

o 12031



### Real Estate

The Real Estate Industry was one of the first industries to be granted an Exemption under Section 333.
One of the reasons for this is the obvious benefit the utilization of a small unmanned aircraft can provide for the purposes of prop erty and home sales. The ability to gain an aerial perspective of a property or house allows potential buyers a way of seeing the property in its entirety. When thinking about traditional real estate listings, there are often a series of photographs of t he house or property, and its surroundings. However, these pictures are not necessarily congruent, meaning, you, as a buyer, can’t put one picture with the next picture and get a walk around of the property. For example, you see a picture of a gazeebo in the yard. As a perspective buyer you can see that there is a gazeebo but you can’t figure out where it is in relation to everything else on the property because the pictures may not be in sequence or provide an adequate field of view to understand where a particular feature is located.

Furthermore, aerial cinematography for real estate has existed for many years, however it has previously been accomplished using manned fixed wing or helicopter aircraft. The expense of utilizing this form of cinematograph y is extremely costly and prices many realtors and homeowners out of this form of marketing. However, this form of marketing is very valuable and would likely be used by low

budget sellers and agents if it were available.

Additionally, utilizing manned aircraft to capture the type of aerial marketing possible with a sUAS poses significant threats and problems to a community. Obviously a low flying plane or helicopter would supply significant noise and annoyance among neighbors of a home being videoed fr om a plane or helicopter. It is for this reason that there are noise ordinances across the country pertaining to manned aircraft. Obviously, a light

- weight sUAS will produce much less noise than a helicopter or plane operating at low altitudes. Furtherm ore, there is also substantially less risk associated with a sUAS performing a low

- altitude real estate flight, especially in populated neighborhoods. This is the case because if a manned aircraft goes down in a populated neighborhood there will likely be fatalities orPETITIONER

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significant damage to the plane and crash site. A sUAS on the other hand would likely cause little damage in the case of a catastrophic crash. Plus, because the sUASs proposed in this petition do not carry combustible fuel, the after

- effec t damage is far less as well because there isn’t a risk of a fuel tank exploding or starting on fire.

Furthermore, when looking back at th e 4D’s of UAV Use, it is clear that Real Estate photography and cinematography using small u nmanned aircraft fits the 4D’s.

 Dull

– Real Estate flights for aerial cinematography are a sUAS use

- case marked by repetition
and on

- demand access. More clearly, homes may need to be flown multiple times and on

demand. The key to a good real estate v ideo is that it nicely highlights the features of the real estate being filmed and does so in good lighting conditions. Lighting conditions change constantly and it is best if you can adapt to the lighting and fly at the perfect time in the perfect
weathe r to get the best footage. This may mean waiting for 5 or 10 minutes for a cloud to pass through. With a manned aircraft this expensive to do. Plus, with many private pilots renting their aircraft, it would be hard to anticipate what time to rent the pl ane in order to have it in position at the perfect time.

 Dangerous

– Real Estate flights using manned aircraft would be highly dangerous in comparison to unmanned aircraft. The reason for this is because most flights take place low to the ground, right above houses and many times above highly populated neighborhoods. An accident with a manned aircraft in these conditions could be catastrophic, with potentially many casualties and a lot of property damage. An unmanned craft, like the ones describ ed in this petition, would cause much less damage in the case of an accident, as they are small, battery powered, and weigh under 7.5 lbs.

 Dirty

– Commercial UAV flights in the real estate industry can also be dirty, in that they can take place in potentially hazardous environments. Commercial real estate in particular, in which large factories or plants may be being sold, could pose hazardous environments that are best filmed by sUAS aircraft so as to not expose humans to hazardous waste, gases, o r materials for example. Furthermore, decrepit or abandoned buildings that are dangerous to walk through or near, may be best flown using an unmanned aircraft.

 Deep

– Once again, sUAS allow for operators to capture high resolution data at low altitudes

. This is true in the Real Estate Industry as well and low altitude flight can be especially dangerous for manned aircraft. In particular, any high resolution data collection at low altitudes and in confined areas, such as in neighborhoods as an example, can be impossible for manned aircraft as their maneuverability is such that the confined area is too small for safe flight.

Fin ally, because the proposed sUAS contained in this Petition are battery

- powered, they do not release environmentally hazardo us emissions. Thus, utilizing these micro

- UAVs in place of manned aircraft benefits the public by promoting a healthier environment.

By granting this Petition for Exemption and allowing for the use of commercial sUAS flights in the Real Estate Industry , the FAA will be contributing to economic growth by supporting the housing industry andPETITIONER

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commercial real estate industry, thereby strengthening the economy. Furthermore, all of this can be done by maintaining the safety of the National Airspace and people & property on the ground.

Additionally, the following previously granted exemptions point to the FAA’s acceptance of sUAS use in the Real Estate Industry as being within the public interest.

 Exemption Numbers:

o 11062

o 11109

o 11112

o 11213

o 11364



## Regulations Reques ted for Exemption

Appendix 1: Regulations Requested for Exemption

– List

https://drive.google.com/file/d/0B8sknt2zpxhMajc4dHA2bjE4bjg/view?usp=sharing



## Exhibit List

Exhibit 1: South Bay Top 40 Operations Manual

https://drive.google.com/file/d/0B8sknt2zpxhMNFJKWFliMFpNTnc/view?usp=sharing



### Exhibit 2: South Bay Top 40 Logbook Example

Below is a logbook example from the app that is running the Flight Logs for the Petitioner’s aircraft. The specific flight logs pictured are just an example and not specific t o the Petitioner’s prior flights. In addition to the logbook, please see the linked video ( https://www.youtube.com/watch?v=4afE

- rd6xoY ) that shows how the flight logs can be played back utilizing the same logging app for each flight.PETITIONER

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### Exhibit 3: South Bay Top 40 Visual Observer Training Procedures & Guide

Visual Observer Training Procedures

https://drive.google.com/open?id=0B8sknt2zpxhMOHU5NGw3OVFlbFE



### Visual Observer Training Guide

https://drive.google.com/file/d/0B8sknt2zpxhMNTRQdnBSaTZ0ekU/v iew?usp=sharing



### Exhibit 4: South Bay Top 40 Pilot In Command Training Guide

Pilot In Command Training Procedures

https://drive.google.com/open? id=0B8sknt2zpxhMOHU5NGw3OVFlbFE



### Pilot in Command Training Guide

https://drive.google.com/file/d/0B8sknt2zpxhMNTNzb0YtMEgxd1k/view?usp=sharingPETITIONER

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### Exhibit 5 : DJI Phantom 2

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

- 2



### Exhibit 6 : DJI Phantom 2 User Manual

http://download.dji

innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf



### Exhibit 7 : DJI Phantom 2 Quick Start G uide

http://download.dji

innovations.com/downloads/phantom_2/en/PHANTOM2_Quick_Start_Guide_en.pdf



### Exhibit 8 : DJI Phantom 2 Features

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

- 2/feature



### Exhibit 9 : DJI Phantom 2 Specifications

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

- 2/spec



### Exhibit 10 : DJI Phantom 2 Flight Controller User Manual

http://download.dji

- innovations.com/downloads/nazam

- v2/en/NAZA

M_Quick_Start_Guide_v1.26_en.pdf



### Exhibi t 11 : DJI Phantom 2 Smart Battery Safety Manual

http://download.dji

innovations.com/downloads/phantom_2_vision_plus/Smart_Flight_ Battery_Safety_Guidelines.pdfPETITIONER

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### Exhibit 12 : DJI Phantom 2 Pilot Training Guide

http://download.dji

- innovations.com/downloads/phan tom

- 2

- vision/en/Phantom_2_Vision_Pilot_Training_Guide_en.pdf



### Exhibit 13 : DJI Phantom 3 Professional

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

- 3



### Exhibit 14 : DJI Phantom 3 Profession al User Manual

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf



### Exhibit 15 : DJI Phantom 3 Professional Quick Start Guide

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick _Start_Guide_en.pdf



### Exhibit 16 : DJI Phantom 3 Professional Features

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

- 3/feature



### Exhibit 17 : DJI Phantom 3 Professional Specifications

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

- 3/spec



### Exhibit 18 : DJI Phantom 3 Professional Flight Controller System

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

- 3/flight

- s ystemPETITIONER

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### Exhibit 19 : DJI Phantom 3 Professional Smart Battery Manual

http://download.dji

innovations.com/downloads/phantom_3/en/In telligent_Flight_Battery_Safety_Guidelines_en.pdf



### Exhibit 20 : DJI Phantom 3 Professional Safety/Preflight Checklist and Guidelines Training

htt p://download.dji

- innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.pdf



### Exhibit 21 : DJI Inspire 1

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

- 1



### Exhibit 22 : DJI Inspire 1 User Manual

http://download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf



### Exhibit 23 : DJI Inspire 1 Quick Start Guide

http://download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_Quick_Start_Guide_en.pdf



### Exhibit 24 : DJI Inspire 1 Features

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

- 1/feature



### Exhibit 25 : DJI Inspire 1 Specifications

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

- 1/spec



### Exhibit 26 : DJI Inspire 1 Flig ht Controller System

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

- 1/flight

- controlPETITIONER

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### Exhibit 27 : DJI Inspire 1 Smart Battery Manual

http://download.dji

innovations.com/downloads/inspire_1/en/Intelligent_Flight_Battery_Safety_Guidelines_en.pdf



### Exhibit 28 : DJI Matrice 100

http://dev.dji.com/en/products/flying

- platforms/matrice

- 100



### Exhibit 29 : DJI Matrice 100 User Manual

http://download.dji

- inno vations.com/downloads/dev/Matrice/en/M100_User_Manual_v1.0_en.pdf



### Exhibit 30 : DJI Matrice 100 Features

http://dev.dji.com/en/products/flying

- platforms/matrice

- 100/featur es



### Exhibit 31 : DJI Matrice 100 Specifications

http://dev.dji.com/en/products/flying

- platforms/matrice

- 100/specs



### Exhibit 32 : DJI Matrice 100 Smart Battery Manual

http://download.dji

innovations.com/downloads/dev/Matrice/en/Intelligent_Flight_Battery_Safety_Guidelines_en.pdf



## References

1.) 

### NTSB. Michael P. Huerta, Administrator, Federal Aviation Administration v. Raphael

Pirker . Wa shington, DC: National Transportation Safety Board, 17 Nov. 2014.
PDF. Aircraft Definition.PETITIONER

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– DMZ Marketing, LLC. 57

2.) 

### Administration, Federal Aviation. "FAA Streamlines UAS COAs for Section 333." FAA.gov

.

Federal Aviation Administration, 24 Mar. 2015. Web. 5 Nov. 2015.

3.) 

### Administra tion, Federal Aviation. "Section 333 Petition Guidance & Checklist." (n.d.): n.

pag. FAA.gov . Federal Aviation Administration. Web. Conditions for a successful Exemption.

4.) 

### Watts, Adam C., Vincent G. Ambrosia, and Everett A. Hinkley. Unmanned Aircraft

Syste ms in Remote Sensing and Scientific Research: Classification and Consideration of Use . Basel, Switzerland:

w ww.mdpi.com/journal/remotesensing, 8 June 2012. PDF. "D's" of Unmanned
Aircraft Use.

5.) 

### SKYbrary. "Unmanned Aircraft Systems."

- SKYbrary Aviation Saf ety. N.p., n.d. Web.

20 July 2015.

6.) 

### Administration, Federal Aviation. "Public Guidance for Petitions for Exemption under

Section 333." FAA.gov . Federal Av iation Administration, n.d. Web.

7.) 

### "FAA Summary Grants Speed UAS Exemptions." FAA Summary Grants Speed UAS

Exemptions. Federal Aviation Administration, n.d. Web. 20 July 2015. Permitting Recreational and Sport Pilot Certificates.

8.) 

### FAR Part 91

- Basic VFR Weather Minimums, Code of Federal Regulations § 91.155

(2004). Print.

9.) 

### Administration, Transportation S ecurity. "Vetting of Airmen Certificates and General

Aviation Airport Access and Security Procedures." Department of Homeland Security . Office of Inspector General, 7 July 2011. Web. 5 Nov. 2015.

10.) 

### MacPherson, Rebecca B. "U.S. DOT / FAA

- Office of the Chi ef Counsel." Letter to Mr.

Timothy John Gilbert. 25 Feb. 2011. MS. 800 Independence Ave. S.W., Washington, DC, Maryland. Clarification on "Furtherance of a business."

11.) Federal Aviation Administration . "Exemption No. 11062A Regulatory Docket No. FAA

- 2014

-

0352." Department of T ransportation, 23 July 2015. PDF

.

12.) 

### Jensen, Warren, PhD. Ground

- Based Visual Observer/Crewmember Training for UAS

.

New York, NY: Slideserve.com, 9 July 2008. PPT. Visual Observer and Pilot In Command Training Guidance and Format.PETITIONER

- South Bay Top 40 DOCUMENT PREPARER

– DMZ Marketing, LLC. 58



## Ex emption References

Exemption # 11467

Exemption # 11905

Exemption # 11797

Exemption # 12031

Exemption # 11865

Exemption # 11364

Exemption # 11587

Exemption # 11857

Exemption # 11293

Exemption # 11814

Exemption # 11540

Exemption # 11345