December 7 , 2015

U.S. Department of Transportation Docket Operations, M
- 30 1200 New Jersey

Avenue, SE Room W12
- 140, West Building Ground Floor Washington, DC 20590
- 0001 Re: **Petition of Drone Flight Solutions, LLC**  **for an Exemption Pursuant to Section 333 of**  **the FAA Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System**  Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Drone Flight Solutions, LLC (“ DF S ”) hereb y applies for an exemption from the Federal Aviation Regulations identified below to allow for the commercial operation of the DJ I PHANTOM 3 (“PHANTOM”), the INSPIRE I (“ INSPIRE”) , DJIS1000 (“S1000”) which are manufactured by DJ I Innovations and the StediDrone QU4D (“Q U4D ”) which is manufactured b y StediDrone

. Where all equipment is being referenced they will be referenced as (“ the EQUIPMENT”) **Summary Grant Approval Request** The petitioner requests the agency issue a summary grant for this application. The EQUIPMENT has been approved on numerous petitions. In addition the petitioner is requesting to utilize the Phantom 3 , Inspire 1, S1000, and QU4D for the same purposes as over 1,000 other exemptions that pertain to videogra phy and photography

. **I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED**  Drone Flight Solutions, LLC requests exemption from the following regulations:

 14 C.F.R Part 21, Subpart H;  14 C.F.R Part 27;  14 C.F.R § 45.23(b);  14 C.F.R. § 45.27(a);  14 C.F.R § 61.113;  14 C.F.R § 91.7(a);  14 C.F.R § 91.9(b)(2);  14 C.F.R § 91.9(c);  14 C.F.R § 91.103;  14 C.F.R § 91.109(a);  14 C.F.R § 91.119;  14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b)

 14 C.F.R § 91.203 (a) & (b);  14 C.F.R § 91.405(a);  14 C.F.R § 91.407(a)(l);  14 C.F.R § 91.409(a)(2);  14 C.F.R § 91.417 (a) & (b). **II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS**  This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft sy stems into the national airspace sy stem.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit operation of an unmanned aircraft s ys tem where it does not create a hazard to users of the national airspa ce sy stem (NAS) or the public or pose a threat to national securit y based on the following considerations:

 The size, weight, speed and operational capability ;  Operation in proximity to airports and populated areas; and  Operation within visual line of sight of the operator. Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant exemptions from the agency ’s safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§ 106(f), 44701
- 44716, et seq. A part y requesting an exemption must explain the reasons wh y the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safet y or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81. **III. DESCRIPTION OF**  **DRONE FLIGHT SOLUTIO NS**  **AND ITS SERVICES** DFS seeks to utilize UAV's in order to provide aerial photograph y/videography services, with a wide variet y of applications, to private individuals and businesses. DFS intends to provide a erial photographic services including, but not limited to, commercial and residential real estate videos, construction site inspection, resort and golf course promotional videos, as well as sports and events videograph y . The contact information for the petitioner, Drone Flight Solutions, LLC is as follows: Frank Burch Owner/Operator Drone Flight Solutions, LLC 15020 S 40th Street Phoenix, AZ 85044**IV. DESCRIPTION OF PROPOSED OPERATIONS** 

DFS is requesting exemptions from applicable Federal Aviation Regulations (FARs) pursuant to Section 333 of the Reform Act to perform aerial videograph y and photography for private and public events

. Specifically , corporate, education, nonprofit, surveying, real estate , insurance adjustment, etc. **A. The**  **Aircraft** DFS will operate the DJ I PHANTOM 3 (“PHANTOM”), the INSPIRE I (“ INSPIRE”) , DJ I S1000 (“S1000”) which are manufactured by DJ I Innovations and the StediDrone QU4D (“QU4D”) which is manufactured b y StediDrone

. **Phantom and Inspire** The PHANTOM is a battery operated quad copter with a maximum flight time of 25 minutes. The vehicle weighs approximately 2.75 pounds with a maximum takeoff weight of app roximately 2.75 pounds. It has fixed landing gear, vibration dampers, small frame air incline and minimalized gimbal mount, which allows for a 110 degree of view from the camera. Although the vehicle’s ground speed has a maximum of 2 5 mph, it will be operated between 2 and 2 5 miles per hour, and i t will operate at or below 4 0 0 feet AGL. The INSPIRE is a battery operated quadcopter with a maximum flight time of 18 minutes. Th e vehicle weighs approximately 5.3 pounds with a maximum t akeoff weight of approximately 7.5 pounds. It has retractable landing gear, vibration dampers, small frame air incline and minimalized gimbal mount which allows for a 94 degrees of view from the camera. Although the vehicle’s ground speed has a maximum of 49 mph, it will be operated between 2 and 2 5 miles per hour, and it will operate at or below 400 feet AGL. The PHANTOM ’s and INPIRE’s manufacturer’s specifications are shown in the Appendix of the Quick Start Guide and the USER Manuals for each airframe. The UAV/UAS/UA which DFS , Petitioner, will be operating is the DJ I Phantom 2 , Phantom 3, and /or Inspire 1. The inherent safety features, sophistication, programmability , GPS navigation, return home capability , airport vicinity no - fl y feature and restricted altitude feature, as well as differentiating radio frequency (rf) for aircraft controller/receiver and for the camera make this a much safer UAV for the purp oses of this petition. These are hobby grade radio controlle d UAV s that has the capacity for software upgrades. It is light, less than 3 and 8 pounds respectivel y including battery

and camera. Incorporated into the programming of the PHANTOM and INSPIRE is an automatic return home feature that automatically directs the craft back to point of take

- off should communication with the transmitter be lost. The Phantom has a cruising speed of 15 knots, with a maximum speed of 29 knots. Maximum flight time is 25 minutes. Gross weight is 2 .75 pounds. The Inspire has a cruis ing speed of 15 knots, with a maximum speed of 42 knots. Maximum flight time is 18 minutes. Gross weight is 7 .4 9 pounds.The PHANTOM and IN SPIRE have a communication link b etween the camera and aircraft

a llowing the operator or Pilot in Command (PI C) to m onitor battery level, altitude (AGL), distance from PIC, camera imagery , and also control camera angle. The software for the PHANTOM and INSPIRE allows the operator or PI C to set maximum altitude AGL for each flight, allowing customization of flights to n o higher than 100 feet, 150 feet, or 250 feet AGL as examples. The 400 foot maximum AGL is by default programmed into the UAV's software pre

flight to insure compliance with FAA standards a dding to the safet y capabilities of this UAV. This UAV is programme d to remain in positi on when controls are released, m aintaining altitude and GPS location. The PHANTOM and IN SPIRE have an altitude and radar monitoring function that allows the operator more precise determination of height, direction of flight and distance from the operator/PIC. The operator/PI C can monitor GPS lock status while the UAV is in flight, with the ability to anticipate loss o f GPS locking so the operator/PI C can land the UAV as a precaution. **S1000** DJISpreading Wings S1000 1. Frame a. Diagonal Wheelbase 1045mm b. Frame Arm Length 386mm c. Frame Arm Weight (Including Motor, ESC, Propeller ) 325g d. Center Frame Diameter 337.5mm e. Center Frame Weight (With L anding Gear Mounting Base, Servos) 1330g f. Landing Gear Size 460mm (Length) ×511mm (Width) ×305 mm (Height), (Top width: 155 mm) 2. Motor a. Stator Size 41×14mm b. KV 400rpm/V c. Max Power 500W d. Weight(With Cooling Fan) 158g 3. ESC a. Working Current 40A b. Working Voltage 6S LiPo c. Signal Frequency

30Hz ~ 450Hz d. Drive PWM Frequency 8KHz e. Weight(With Radiators) 35g 4. Foldable Propeller (1552/1552R) a. Material High strength performance engineered plastics b. Size 15×5.2inch c. Weight 13g 5. Flight Parameters a. Takeoff Weight 6.0Kg ~ 11.0Kg b. Total Weight 4.2Kg c. Power Battery

L iPo (6S 、 10000mAh~20000mAh 、 15C(Min)) d. Max Power Consumption 4000We. Hover Power Consumption 1500W (@9.5Kg Takeoff Weight) f. Hover Time 15min (@15000mAh & 9.5Kg Takeoff Weight) g. Working Environment Temperature

- 10 °C ~ +40 °C 6. Gain Value Settings a. For A2 Flight Controller i. Basic: Roll 120%, Pitch 120%, Yaw 120% ii. Attitude: Roll 170%, Pitch 170%, Vertical 120% b. For WooKong
- M Flight Controller i. Basic: Roll 180%, Pitch 180%, Yaw 120% ii. Attitude: Roll 180%, Pitch 180%, Vertical 120% The DJ I S1000 has been approved for commercial operations in Exemption Nos. 11280, 11279, 11278, 11863, 11260, 11253, 11228, 11160, and 11161. **StediDrone QU4D** The SteadiDrone QU4D is a high performance, ultra

- strong, lightweight carbon fiber quadcopter designed for everyday

aerial stills and shooting HD video from the air. The QU4D features a unique motor mount vibration damping s ys tem
. Key Features  Foldable motor arms with two flight modes

- 'NORMAL' square quadcopter or 'HERO' mode for wide angle filming

.  SteadiDrone Vibration Damping S ys tem
.  GPS system with altitude hol d, position hold, return to home.  Ultra durable Carbon Fiber airframe

. Flight Controller Sy stem / GPS / Data Telemetry  4 x 650Kv 3506 powerful and efficient T

- Motors brushless motors  4
- 1 20A Quattro ESC Motor controllers  4 x 10” Props  2.4Ghz Advanced digital flight control radio sy stem  4200m ah 4S SteadiDrone power pack

- up to 20min flight time

.  AC/DC Battery

charger kit  Lipo alarm checker  SteadiDrone AGC (Android Ground Control) App. Technical Specifications  Cameras
- GoPro, GoPro 2 and GoPro 3 HD  Payload

- ideal 100 to 400g / max 800g (over and above drone weight)  Speed

- zero up to 100km/h (depends on payload) / Range

- up to 1.5km  Flight Time

- up to 25min (depending on payload, batteries, props, weather, altitude etc)  Dimensions

- size 580x560mm / folded 390x200mm / height 110mm / we ight 1200g (RTF no battery

.Considering the programmability and safet y features of these UAVs , it serves as the best option to protect the Public and NAS for the purposes of this petition. DFS is using a UAV that has the capability for taking off and landing at a single point, identical to a helicopter. There are no runway s, aided take off apparatuses, nor routes that need to be flown to areas being aerial video recorded or photographed. Allowing a reduced and more confined area of flight. The motors, rotors, propellers, body /frame, landing pads, etc. for the UAV utilized in this petition are not complicated. Engineering and design allows lay man maintenance. P re - flight inspection s for cracks, damage or other ph ys ical conditions that could hamper safe flight will be conducted prior to an y and all missions

. P ost flight inspection s will also be conducted in order to aid in identifying flight conditions that may cause stress to propell ers, landing gear, etc. Thorough inspection of the UAV shall be conducted and flight response tested should a hard landing or crash occur i nsuring that the UAV can operate in a safe manner before conducting any further missions

. Petitioner DFS requests modification, waiver or exemption and clarification (within reason) concerning section 91.119 prohibition of flight in congested areas. Petitioner DFS requests waiver for this condition to allow reasonable and responsible videograph y in congested areas of s ubdivisions and neighborhoods. In compliance with Section 90.151 (a) the EQUIPMENT are battery operated UAV/UAS with battery level monitoring capability . Full y charged battery flight time is rated between 18 and 25 minutes, with videos/photos taking much less time to record. Operator or PIC is war ned when battery level is low. Petitioner DFS requests waiver/exemption from Section 91.203 (a) since the EQUIPMENT is a hobby grade UAV/UAS they should not require an a irworthiness certificat e . Posting of special flight authorization would not be possible since the EQUIPMENT h a s no cabin and are not large enough to carry

a certificate. However, a special flight authorization can be maintained by the operator to make avai lable upon request. **B. DFS**  **Proposed Operations Demonstrate an Equivalent Level of Safety 1.**  **General Description of Proposed Flight Operations** DFS proposes to operate within the limitations and performance specifications listed in the USER MANUAL S , which are summarized below. These limitations provide for at least an equivalent, or higher, level of safety for operations under the current regulatory structure because the proposed operations represent a safety enhancement to the protocols. The proposed operatio ns do not create any hazard to users of the national airspace s ys tem or pose a threat to national security . The EQUIPMENT are battery operated quad or multirotor copter s with a maximum flight time of 18

- 25 minutes. The vehicle’s ground speed has a maximum of2 5
- 49 mph but it will be operated between 2 and 2 5 miles per hour, and it will operate at or

below 2 00 feet AGL. Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The EQUIPMENT c arries no fuel, and therefore the risk of fire following an incident or accident due to fuel spillage is eliminated. Compared to manned aircraft, the unmanned aircraft being operated b y the petitioner reduces the risk to participating persons in close prox imity to the aircraft due to the limited size, weight, operating conditions, and design safety features of the EQUIPMENT
. The FAA has determined that the risk of not having an electronic means to monitor and communicate with other aircraft, such as transp onders or sense and avoid technology , is mitigated b y placing limits on altitude, requiring stand

- off distance from clouds, permitting day time operations onl y, requiring that the aircraft be operated within visual line of sight , and requiring the EQUIPMENT to yi eld right of way to all other manned operations. Additionally , the operator will request a NOTAM prior to operations to alert other users of the NAS. See Exemption No. 11062, Docket No. FAA 2014
- 0352, at p. 13
. The petitioner’s aircraft has the capa bility to operate safely

after experiencing certain in

- flight failures, as specified in the USER MANUAL regarding Return to Home (RTH) specifically low battery RTH and failsafe RTH . The aircraft is also able to respond to a lost

- link event with a pre coordinated, predictable, automated flight maneuver. **2. Reasons why the exemption would not adversely affect safety or how the**  **exemption would provide a level of safety at least equal to the existing rule.** Given the small size involved, the restricted environm ent within which they will operate, the procedures listed below, and pilot certification requirements, DFS proposed operations using the EQUIPMENT would “not create a hazard to users of the national airspace sy stem or the public or pose a threat to national security.” Reform Act Section 333(b ) ( 1). 1. The aircraft will be identified by serial number, registered with the FAA, and have identification (N

-Number) markings as large as practicable. 2. Flights will be operated within visual line of sight of the pilot in command (PI C). 3. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy

by PI C. 4. Maximum flight time for each operational flight will be approximately 15
- 20 minutes. 5. The aircraft will be safely landed with no less than the greater of (a) 20% battery life remaining or (b) three minutes of flight time remaining. 6. The aircraft will be operated during daylight and in VFR conditions. 7. Flights will be operated at a lateral dis tance of at least 50 feet from an y persons or propert y not associated with the operation who have not given prior permission. 8. Flights will be limited to a groundspeed of 2
- 25 mph. 9. Minimum crew for each flight will consist of a PIC and an Observer.10. The PI C will possess at least a sport pilot certificate and a valid state driver’s license. 11. Any designee from DFS will have completed a Basic Operator Course for the EQUIPMENT
. 12. Prior to the flight, a Mission Plan will be created setting forth the limitations for the flight as well as contact information for the PIC. 13. The flight operations will yield the right of way to other manned aircraft operations. 14. All persons who are not involved with flight operations w ill be required to stay 5 0 feet from the edge of the flight operation perimeter. 15. DFS will provide NOTAM details to the FAA 24 hours prior to each flight. 16. All required permissions and permits will be obtained from territory , state, county or city jurisdictions prior to flight. 17. Prior to commencing operations, DFS will obtain a Certificate of Waiver or Authorization (COA) from the FAA if fl yi ng above 200 feet AGL. 18. If the aircraft loses communications, it will have the capability to return to a pre determined location within the op erational area and land. 19. If the aircraft loses its GPS signal it will have the capability of being flown manually to a predetermined location within the operational area and land. 20. The flight will be aborted in case of unpredicted obstacles or emergencies. 21. Each flight will be recorded in an Operations L og Book. 24. Maintenance on the aircraft will be recorded in a Maintenance Lo g Book. **3. Flight Recovery, Lost Communications, and Lost GPS Procedures**  The flight recovery , lost communications, and lost GPS procedures are fu lly documented in the attached User Manuals. **V. SPECIFIC FAR EXEMPTIONS REQUESTED**  DFS seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requested operations using the EQUIPMENT . L isted below are (1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and safeguards that DFS has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

**A. 14 C.F.R. Part 21, Subpart H** 

**– Airworthiness Certificates and 14 C.F.R.**  **§ 91.203(a)(1)** The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safet y when compared to aircraft normall y used for the same application. These criteria are met, and therefore no exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014

- 0352 at 13
- 14, 22. If, h owever, the FAA determines that there are some characteristics of the PHANTOM that fail to meet the requirements of the Reform Act, an exemption is requested.**Equivalent Level of Safety:** The EQUIPMENT are safe when taking into account its size,

weight, speed, and operational capability . The EQUIPMENT weighs approximately 2.75 pounds to approximately

7.5 pounds and either wil l be flown at speeds of 2
- 25 miles per hour, and in visua l line of sight of the ope rator . The EQUIPMENT do es not carry pilots, passengers, explosive materials, or flammable liquid fuels. The EQUIPMENT will be operated within the parameters of the User Manuals. DFS will also provide the FAA with advance notice of all operations via a NOTAM and coordination with the local Flight Standards District Office ( FSDO ) . The proposed operations will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions p roposed here.

**B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft**  14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the EQUIPMENT would otherwise requi re certification under Part 27, DFS seeks an exemption from Part 27’s airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

**C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and**  **Identification Requirements** 14 C.F.R. §45.23(b), Markings of the Aircraft states: 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. 14 C.F.R. § 45.27(a) states: **Rotorcraft.** Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required b y § 45.23. 14 C.F.R. § 91.9(c) states: No person may

operate a U.S.
- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter. In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification (N

-Number) markings in accordance with 14 CFR part 45, Subpart C if the markings are “as large as practicable.” See Exemption No. 11062, Docket No. FAA 2014
- 0352, at p. 14.**Equivalent Level of Saf ety:**  DFS will mark all PHANTOMs and INSPIREs with their N

Number in a prominent spot on the fuselage with markings that are as large as practicable.

**D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations**  DFS seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying aircraft for compensation or hire and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PI C matches the airspace in which the PI C will b e operating, as well as requiring certifications if the pilot is carrying passengers or cargo for hire. While the EQUIPMENT will be operated as part of a commercial operation, they carry neither passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA
- 2014
- 0352, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PI C to have a commercial pilot certificate and a class II medical certificate. The FAA has also determined that the required knowledge for a commercial pilot covers the same fundamental principles as a private pilot. The PI C will possess at least a sport pilot certificate, a third class medical certificate or valid state issued driver’s license , and w ill have completed a Basic Operator Course for the EQUIPMENT
. The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the overriding safety

factor for the limited operations proposed by the petitioner to be the airmanship skills acquired through UAS
- specific flight cycles, flight time, and specific make and model experience, culminating in ve rification through testing.” See Exemption No. 11062, Docket No. FAA 2014
- 0352, at p. 18. The proposed operations can achieve an equivalent level of safety b y requiring the knowledge and experience in the EQUIPMENT operations described above. The restrict ions DFS has placed on its EQUIPMENT operations meet or exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA
- 2014
- 0352. DFS will operate in restricted areas (the s ites) away from persons and propert y not involved in the operation. The aircraft will be flown based on VLOS at or below 400 feet AGL, so as to accommodate flight operations on specified s ites. A NOTAM will be issued at least 24 hours before the flight is to occur, and the flight will be coordinated with the applicable FSDO.

**E. 14 C.F.R.**  **§ 91.7(a): Civil Aircraft Airworthiness**  DFS seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworth y condition to be operated. The F AA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingl y, DFS requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 Subpart H. See Grant of Exemption No. 11062, p. 19.**F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft;**  **14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and**  **Registration** Pursuant to 14 C.F.R. § 91.9(b)(2): (b)No person may

operate a U.S.
- r egistered civil aircraft

-

... (2)For which an Airplane or Rotorcraft Flight Manual is required b y § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Pursuant to 14 C.F.R. § 91.203(a) and (b): (a)Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1)An appropriate and current airworthiness certificate. (b)No person may

operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passenge rs or crew. DFS does not request an exemption from this section but instead notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, registration certificate and other documentation will be kept at the control station with the PI C during flight. The Chief Counsel’s Office has held that for all UAS operations, this alternate method constitutes full compliance with the regulations. See also Grant of Exemption No. 11062, pp. 19
- 20, and Grant of Exemption No. 8607.

**G. 14 C.F.R.**  **§ 91.103: Preflight Action**  DFS seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA
approved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on board. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. Under these circumstances, the FAA has stated that no exemption is required. See Grant of Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAA
- approved Flight Manual is required. **Equivalent Level of Safety:** An equivalent lev el of safet y will be provided by following the User Manuals. The PIC will take all required preflight actions

- including performing all required checklists and reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas

- before initiation of flight. The User Manuals will be kept at the ground station ; with the operator at all times.**H. 14 C.F.R.**  **§ 91.109(a): Flight Instruction** 

DFS seeks an exemption from 14 C.F.R. § 91.109 (a), which provides that “[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.” UASs and remotel y piloted aircraft, by their design, do n ot have functional dual controls. Instead, flight control is accomplished through the use of the A2 Flight Control Sy stem/Ground Control Station (GCS) that communicates with the aircraft via radio communications. **Equivalent Level of Safety:** When flight in struction is performed, no pilots will be on the aircraft and the GCS will be a safe distance from the aircraft and the public, causing no safety hazard. Given the size and speed of the EQUIPMENT , an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the aircraft, and all persons will be a safe distance away in the event that the aircraft experiences any difficulties during flight instruction. These flights will comply with the provisions in the User Manuals. Accordingl y, DFS proposed method of operation provides superior levels of safety.

**I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas**  DFS requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. The FAA has already determined that relief from Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight restrictions as those imposed by DFS
. See Grant of Exemption No. 11062, p. 20
- 21. **Equivalent Level of Safety:** Compared to flight operations with ro torcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presentl y exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the EQUIPMENT , as well as the locati ons where it is operated . In order to avoid any risk to aircraft, flight operations will be restricted to 4 00 feet AGL or below. As set forth in the User Manuals and herein, the EQUIPMENT will be operated at s ites, away from persons or structures not involved in the operation. All persons who are not involved with DFS operations wi ll be required to be at least 5 0 feet from the flight operation perimeter.

**J. 14 C.F.R.**  **§ 91.121: Altimeter Settings**  This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the d eparture airport. The EQUIPMENT use both barometric pressure sensors and G PS to determine altitude but do not have the ability to set in a current altimeter setting. An exemption is required to the extent that the EQUIPMENT do not have a barometric altimet er setting. The altitude of the aircraft is monitored b y the PI C on the ground control station and by the visual observer.**Equivalent Level of Safety:** The FAA has stated that an equivalent level of safety can be

achieved if the aircraft will be operated at or below 400 feet AGL and within visual line

- of

- sight in addition to GPS based altitude information relayed in real time to the operator. See Grant of Exemption No. 11062, p. 20
- 21. As the attached User Manuals indicate, the EQUIPMENT will be operated at or below 400 feet AGL and compl y with the limitations in the Grant of Exemption No. 11062. **K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions**  DFS requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in VFR conditions. Section 91.151 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 first point of intended landing and, assuming normal cruising speed

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

after that for at least 45 minutes. Here, the technological limitations on the EQUIPMENT battery power means that no meaningful flight operations can be conducted while still maintaining a 30 minute reserve. The aircraft is battery powered with a maximum flight time of between 18

- 25 minutes. DFS proposes that the maximum flight time for each operational flight will be 18
- 2 5 minutes. The aircraft will be safely landed with no less than the greater of (a) 20% battery life remaining or (b) three minutes of flight time remaining. **Equivalent Level of Safety:** The FAA has stated that an equivalent level of safety is provided if the UAS flight is conducted under day time VFR flight conditions using VLOS, and terminated with at least 25% reserve battery power still available. See Grant of Exemption No. 11062, p. 2 1
- 22. The User Manuals providing an equivalent level of safet y b y s afel y landing with no less than the greater of (a) 20% battery life remaining or (b) three minutes of flight time remaining and otherwise compl yi ng with the flight restrictions above.

**L. 14**  **C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b):**  **Maintenance Inspections** DFS seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as prescribed in subpart E of this part and shal l between required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter”). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the EQUIPMENT will not have. **Equivalent Level of Safety:** An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Manuals. This includes maintenance,overhaul, replacement, and inspection requirements for the aircraft and procedures to document

and maintain maintenance records for the aircraft. This also includes preflight inspection procedures. See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 14
- 15. As provided in the Manuals, flight s will not be conducted unless a flight operations checklist is performed that includes all of the aircraft’s components. The Manuals also set requirements for maintenance log books and record keeping as well as routine and post
- flight maintenance. The Manuals set requirements for both annual maintenance and preventative maintenance. **VI. PUBLIC INTEREST**  Granting DFS petition for exemption furthers the public interest. National policy set b y Congress favors earl y integration of UAS into the NAS in controlled, safe working environments as proposed in this petition. By granting this petition, the FAA will fulfill Congres s’s intent of allowing UAS to operate safel y in the NAS before completion of the rulemaking required under Section 33 3 of the Reform Act. DFS will operate in a manner that will ensure the public’s safety and will set the example for others to emulate. It is well established that UAS provide an additional tool for the filmmaking industry , adding a greater degree of flexibility , which supplements the current capabilities offered b y manned aircraft

. **VII. PRIVACY**  All flights will be conducted in accordance with any federal, state or local laws regarding privacy

. **VIII. NATIONAL SECURITY**  Given the small size of the UAS involved and the restricted environment within which they will operate, our petition presents no national security issue. Furthermore, the security screening conducted b y the Transportation Security Administration of certificated airmen satisfies the statutory requirement of Section 333 for operations to not pose a threat to national security. **IX. SUMMARY FOR FEDERAL REGISTER**  Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: DFS seeks an exemption from the following rules in order to provide aerial photographic services including, but not limited to, commercial and residential real estate videos, construction site inspection, resort and golf course promotional videos, as well as sports and events videograph y : 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R §91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14

C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b). The exemption will enhance safety b y reducing risk to the operator, the general public and propert y o wners from the hazards associated with operating UAS through deliberate planning, risk mitigation, and flight operations. **X. CONCLUSION**  Satisfaction of the criteria provided in Section 333 of the Reform Act

- size, weight, speed, operating capabilities, pro ximity to airports and populated areas, operation within visual line of sight, and national security considerations

- provides more than adequate justification for the grant of the requested exemptions to permit DFS to operate the EQUIPMENT
. Granting the requested exemption will benefit the public interest as a whole in many way s, including (1) significantly improving safety and reducing risk by

alleviating human exposure to danger; (2) improving the quality of services DFS can provide to its customers; an d (3) decreasing the risks of unmanned aircraft interfering with manned aircraft Respectfully

submitted, By : /s/ Frank Burch Owner/Operator Drone Flight Solutions, LLC