1

Febr uary, 1 2016 Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey

Ave, SE Washington, DC 20590

RE: Drones for Water Safety, LLC REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJ I Phantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Peter Farnsworth Owner/President Drones for Water Safety, LLC 24 East Ave. Room 205 New Canaan, CT 06840 203

- 920

- 4654 Peter@ DronesforWaterSafety .org2 **TABLE OF CONTENTS** Page

**GLOSSARY OF ABBREVIATIONS ................................**  **................................ .........................**  **3 SUMMARY**  **................................ ................................**  **................................ ................................**  **... 4**  **INTRODUCTION AND INTERESTS OF THE PETITIONER ................................**  **............. 4**  **BACKGROUND ................................**  **................................ ................................**  **........................... 5**  **BASIS FOR PETITION ................................**  **................................ ................................**  **............... 6**  **A. Name and Address Of The Petitioner. ................................**  **................................ .............................**  **8 B. The Specific Sections of 14 C.F.R. From Which**  **Drones for Water Safety, LLC Seeks**  **Exemption. ................................**  **................................ ................................**  **................................ ...............**  **9 C. The Extent Of Re** **lief Drones for Water Safety, LLC**  **Seeks And The Reason Drones for Water**  **Safety, LLC Seeks The Relief.**  **................................ ................................**  **................................ .............**  **13 D. The Reasons Why Granting Drones for Water Safety, LLC Request Would Be in The Public**  **Interest; That Is, How It Would Benefit the Public As A Whole. ................................**  **..................... 16**  **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule**  **From Which Drones for Wat er Safety, LLC Seeks Exemption.**  **................................ .......................**  **19 A Summary That Can Be Published in The Federal Register, stating: The Rules From**  **Which Drones for Water Safety, LLC Seeks Exemp tion:**  **................................ .......................**  **31 Any Additional Information, Views, Or Arguments Available To Support**  **Drones for Water Safety’s**  **Request. ................................**  **................................ ................................**  **............. 32**  **CONCLUSION ................................**  **................................ ................................**  **........................... 33**  **Appendices: ................................**  **................................ ................................**  **................................ .**  **34**3



## GLOSSARY OF ABBREVIATIONS AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4



## SUMMARY Drones for Water Safety, LLC hereafter referred to as Drones for Water Safety, LLC seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (DJ I Phantom 3 ) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Drones for Water Safety, LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of development, presentations and training in the use of drones in the areas of water safety, b oating safety and lifeguarding using advanced technologies and solutions over certain open

- water areas of the United States

.


## INTRODUCTION AND INTERESTS OF THE PETITIONER Drones for Water Safety , LLC has for the past year developed drones, apparatus connected to drones, systems and safety guidelines intended to provide their prospective clients (which include private sector businesses and non-profits, along with local state and federal agencies ) with expertise and knowledge in the use of drones in the areas of water safety, b oating safety and lifeguard using advanced technologies and solutions. Drones for Water Safety, LLC has worked with a variety

o f drones , servos, rescue equipment, transmitters and its own proprietary release mechanisms to develop such technologies and related equipment with a perfect safety record

. The objective of Drones for Water Safety, LLC and our Unmanned Aircraft Systems is to aid water safety professionals to communicate with endangered peopl e in the water and provide appropriate help faster and with less risk to the rescuers than traditional methods, using both a custom
-built 21” (engine

-to
- engine) quadcopter (or other appropriate device as technology changes and develops) and a DJ I Phantom 3 for training and recording) specifically targeting

• Beach safety

• Open water and boating safety

• Lake safety

• Frozen

-water safety situations

• Training

• Special event safety involving open water precautions
I have safely flown small RC electric quadcopters and fixed wing planes recreationally for approximately 2 ye ars without incident. I am a member in good standing of the AMA (Academy

of Model Aeronautics) and our local model aircraft flying club.5



## BACKGROUND Unmanned Aircraft Systems 1 : DJIPhantom 3 Drones for Water Safety, LLC seeks an exemption to operate DJ I Phantom 3 system for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS). The DJIPhantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2” (propeller tip

– to

– propeller tip) , a maximum speed of approximately 16.4’fps and a maximum flying height of 400'

. The DJ I Phantom 3 is equipped with four main rotors; driven by Lithium Poly mer battery

-powered electric motors. The DJ I Phantom 3 that will be operated by Drones for Water Safety, LLC will be registered in accordance with 49 U.S.C. 44103, Registration ofAircraft, as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

. Unmanned Aircraft Systems 2: Custom

- Built sUAS Drones for Water Safety, LLC seeks an exemption to op erate sUAS s that have been built from commercial

- grade parts and materials for compensation or hire within the NAS. The Custom

Built sUAS is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS). While the dimensions vary slightly d ue to changes in airframes and engines depending on customer preferences each Custom

- Built sUAS has a maximum gross weight of approximately 3.5

- 4.5 lb s . while having a diagonal dimension of 33 .2” (propeller tip

– to

– propeller tip) , a maximum speed of approximately 20 fps and a maximum flying height of 400'. Each Custom

- Built sUAS is equipped with four main rotors; driven by Lithium Poly

mer battery

-powered electric motors. Each Custom

- Built sUAS that will be operated by Drones for Water Safety, LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.6



## BASIS FOR PETITION Petitioner, Drones for Water Safety, LLC , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commercially operate the DJ I Phantom 3 , UAS and various similarly designed Custom

- Built sUAS , UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Drones for Water Saf ety, LLC operation of DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Drones for Water Safety, LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Drones for Water Safety, LLC submits that the requested relief is proper since an equivalent level of safety

will be ensured. Drones for Water Safety, LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Lo g, DJ I Phantom 3 In struction Manual and for the Custom

- Built sUAS its component parts manufacturers ’ recommendations ). Furthermore, Drones for Water Safety, LLC will document and maintain all maintenance records for the DJ I Phantom 3 UAS and each Custom

- Built sUAS

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Drones for Water Safety, LLC to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by m eeting minimum flight

hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom UAS or any Custom
- Built sUAS in a manner consistent with this ex emption, including evasive and emergency

m aneuvers and maintaining appropriate distances from people, vessels, vehic les and structures. Drones for Water Safety, LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Drones for Water Safety, LLC submits that they will ensure that the DJI Phantom 3 UAS and any Custom

- Built sUAS is in an airworthy condition, prior to every f light, by determining that the UAS are in compliance with the operating documents (i.e., Monthly M aintenance Lo g, DJ I Phantom 3 Instruction Manual and for the Custom

- Built sUAS its component parts manufacturers’ recommendations) , and that the aircraft are in a condition for safe flight.7

Drones for Water Safety, LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UAS and any Custom

- B uilt sUAS will not have a ty pical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS and any Custom

- B uilt sUAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Drones for Water Safety ’s operation of the DJ I Phantom 3 UAS and any Custom

- Built sUAS within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Drones for Water Safety, LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Drones for Water Safety, LLC submits that safety will not be affected by

operation of the DJ I Phantom 3 UAS and any Custom
- Built sUAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery p ower to fly

f or a total duration of approximately 2 0 minutes

. B attery

p ower indicators are also able to show exactly how much battery

p ower is left, as well as how much time is needed to return safely back to point of take off. Inaccordance with 14 C.F.R. § 11.81, Drones for Water Safety, LLC provides the following information in support of its petition for exemption:8



### A. Name and Address Of The Petitioner. The name and address of the Petitioner and point of contact is: Peter Farnsworth Owner/President Drones for Water Safety, LLC 24 East Ave. Room 205 New Canaan, CT 06840
203

- 920

- 4654 Peter@ DronesforWaterSafety .org9



### B. The Specific Sections o f 14 C.F.R. From Which Drones for Water Safety, LLC Seeks Exemption.

**1. Drones**  **for Water**  **Safety ,**  **LLC Seeks**  **Exemption From**  **The Requirements**  **Of Section**  **61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. **2. Drones**  **for Water**  **Safety ,**  **LLC Seeks**  **Exemption From**  **The Requirements**  **Of Section**  **91.7(a).** Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the fol lowing: (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3. Drones**  **for Water**  **Safety ,**  **LLC Seeks**  **Exemption From**  **The Requirements**  **Of Section**  **91.121.** Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part:

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

-- (1) Below 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 reported altimeter setting of an appropriate available station; or (iii) Inthe case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.10

**4. Drones**  **for Water**  **Safety ,**  **LLC Seeks**  **Exemption From**  **The Requirements**  **Of Section**  **91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:

(b ) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. **5. Drones**  **for Water**  **Safety ,**  **LLC Seeks**  **Exemption F**  **rom The**  **Requirement Of**  **Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **6. Drones**  **for Water**  **Safety ,**  **LLC Seeks**  **Exemption From**  **The Requirements**  **Of Section**  **91.407(a)(1)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) Ithas been approved for return to service by ap erson authorized under § 43.7 of this chapter[.] **7. Drones**  **for Water**  **Safety ,**  **LLC Seeks**  **Exemption From**  **The Requirements**  **Of Sections**  **91.409(a)(1) And 91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following: (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 b y 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.11

**8. Drones**  **for Water**  **Safety ,**  **LLC Seeks**  **Exemption From**  **The Requirements**  **Of Sections**  **91.417(a) And 91.417(b).** Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.41 1 and 91.413, each registered owner or operator 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, progre ssive, and other required or approved inspections, 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; and (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 airframe, 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 inspe ction program under which the aircraft and its appliances are maintained. (v) The current status 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 next action is required. (vi) Copies of the forms prescribed by § 4 3.9(d) of this chapter for each major alteration to the airframe and currently installed engines , rotors, propellers, and appliances.12 (b) The owner or operator shall retain the following records 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 ye ar 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.13



### C. The Extent Of Relief Drones for Water Safety, LLC Se eks And The Reason Drones for Water Safety, LLC Seeks The Relief.

**1. Extent**  **Of Relief**  **Drones for**  **Water Safety** **, LLC**  **Seeks And**  **The Reason**  **Drones for**  **Water Safety , LLC**  **Seeks Relief From Section 61.113(a) And (b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more fully below, Drones for Water Safety, LLC submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS unless that PIC has met certain flight

-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Drones for Water Safety, LLC submits that all flights of the DJ I Phantom 3 UAS and each Custom- Built sUAS , UAS , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Drones for Water Safety ’s business; and (2) will not carry passengers or property for compensation or hire.

**2. Extent**  **Of Relief**  **Drones for**  **Water Safety** **, LLC**  **Seeks And**  **The Reason**  **Drones for**  **Water Safety , LLC**  **Seeks Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Drones for Water Safety, LLC to determine that the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Drones for Water Safety, LLC Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Instruction Manual). Drones for Water Safety , LLC seeks the requested relief because the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Drones for Water Safety, LLC will ensure that the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS are in airworthy c ondition based upon its compliance with the operating documents (i.e., Monthly M aintenance Log, and DJ I Phantom 3 )14

prior to every

f light, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent**  **Of Relief**  **Drones for**  **Water Safety** **, LLC**  **Seeks And**  **The Reason**  **Drones for**  **Water Safety , LLC**  **Seeks Relief From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings , may b e required to allow flight operations of the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Drones for Water Safety, LLC seeks the requested relief because the DJ I Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary

to comply

with the applicable conditions and limitations stated below. As more fully

s et forth herein, an equivalent level of safety wi ll be maintained since the DJ I Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically

ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude inf ormation of the UA on the heads

-up display of the GCS.

**4. Extent**  **Of Relief**  **Drones for**  **Water Safety** **, LLC**  **Seeks And**  **The Reason**  **Drones for**  **Water Safety , LLC**  **Seeks Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery p owered DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 2 0 minutes. Drones for Water Safety, LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery p owered DJ I Phantom 3 UAS will severely constrain the practicality of any aerial video or still photo flight operations that Drones for Water Safety, LLC proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJ I Phantom 3 UAS , the DJ I Phantom 3 and each Custom

- Built sUAS , UAS operating documents, and Drones for Water Safety ’s proposed operating limitations, ensure that Drones for Water Safety, LLC will safely operate the battery

p owered DJ I Phantom 3 UAS and each Custom- Built sUAS , UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery

power to fly

for a total duration of 2 0 minutes

.15

**5. Extent**  **Of Relief**  **Drones for**  **Water Safety** **, LLC**  **Seeks And**  **The Reason**  **Drones for**  **Water Safety** **, LLC**  **Seeks Relief**  **From Sections**  **91.405(a), 91.407(a)(1),**  **91.409(a)(1) &**  **(a)(2), And 91.417(a) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Drones for Water Safety, LLC requests relief from these Sections because the DJ I Phantom 3 UAS and each Custom

- B uilt sUAS , UAS do not require airworthiness certificates. As set forth more fully below, the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Drones for Water Safety, LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Drones for Water Safety, LLC Aerial Operations Manual, Monthly M aintenance Log, and DJ I Phantom 3 Instruction Manual). Furthermore, Drones for Water Safety, LLC will document and maintain all maintenance records for the DJ I Phantom 3 UAS

.16



### D. The Reasons Why

Granting Drones for Water Safety, LLC Request Would Be in The Public Interest; That Is, How It Would Benefit the Public As A Whole.

Granting the present Petition will further the public interest by allowing Drones for Water Safety, LLC to safely, efficiently, and economically p erform development, presentations and training in the use of drones in the areas of water safety, boating safety and lifeguarding using advanced technologies and solutions over certain open

-water areas of the United States Additionally, use of the DJ I Phantom 3 UAS and each Custom

- Built sUAS at low altitudes (below 400 feet), UAS will decrease congestion of the NAS, reduce pollution vs. large helicopters and motor boats used in water safety s ituations , and provide significant benefits to the economy. Notably, the benefits of Drones for Water Safety ’s proposed operation of the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS will be realized without implicating any privacy issues.

**1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS and each Custom

- B uilt sUAS , UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by

reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJ I Phantom 3 UAS and each Custom

- B uilt sUAS , UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting water
- safety missions would result in fewer aircraft that must be handled by

air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.
**2. The Public Will Benefit From The Safety And Efficiency Of The DJI**  **Phantom 3 UAS.**  Conducting water safety

operations with the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS , instead of manned aircraft, will greatly benefit the public by

drastically

reducing the levels of air and noise pollution generated during traditional water
- safety flight operations. By u sing battery p ower and electric motors, the DJ I Phantom 3 UAS and e ach Custom

- Built sUAS , UAS produce no air pollution, and are the most viable environmentally c onscious alternative to the cabin class, six cylinder internal combustion engine aircraft and helicopters that are ty pically utilized for water
- safety operations when needed , while burning approximately 20

- 30 gallons per hour of leaded aviation fuel or 60 gallons of fuel in the case of helicopters

. The DJ I Phantom 317

UAS and each Custom

- Built sUAS , UAS , while reducing the carbon footprint of aerial acquisitions, als o eliminates noise pollution, as the UAS are propelled by b attery p owered electric motors, rather than an internal combustion engine. By u sing the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS to perform water safety operations , the substantial risk to life and property in the air, in the water and on the ground, which is usually

associated with traditional manned aircraft flight operations, will be substantially

reduced. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS (weighing approximately 2.5

- 4.5 lb s . while having a diagonal dimension of 23.2

- 33 .2” (propeller tip

– to

– propeller tip) , and with no fuel on board), has less physical potential for collateral damage to lif e and property on the ground, and in the air, compared to the manned aircraft that ty pically c onduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 4 2 feet, a length of 34 feet, and a fuel capacity

of 180 gallons). **3. Performing Water Safety**  **Operations With The DJI**  **Phantom 3 UAS**  **and each Custom**
  ** Built sUAS, UAS** **Will Benefit The Economy.** Inaddition to being safe and efficient, the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS are also an economical alternative to using manned aircraft to conduct similar water safety operations. As such, operation of the DJI Phantom 3 UAS and each Custom

- Built sUAS , UAS will allow United States

-based companies, like Drones for Water Safety, LLC , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency ( “EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companie s must adopt new and alternative technology

in order to remain competitive. Operating the battery p owered DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS is one such technology that not only

allows companies greater operational flexibility c ompared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS , companies such as Drones for Water Safety, LLC , can remain competitive and profitable, and therefore, provide greater job stability

to employees and contractors, which will ultimately c ontribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through government, agency and commercial use of the D JI Phantom 3 UAS and each Custom

- Built sUAS , UAS , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.
**4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Drones for Water Safety ’s proposed operation of the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS will not implicate any privacy i ssues. Specifically, the DJ I Phantom 3 UAS and18

each Custom

- Built sUAS , UAS will be operated only in compliance with operating documents (i.e., Drones for Water Safety, LLC Aerial Operations Manual, Monthly M aintenance Lo g, and DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91. 119.19



### E. The Reasons Why

Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Drones for Water Safety, LLC Seeks Exemption.

**1. Reasons**  **Why The**  **DJI Phantom**  **3 UA**  **S and**  **each Custom** 
**- Built**  **sUAS, UAS**  **Meet The**  **Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Drones for Water Safety ’s operation of the DJI Phantom 3 UAS and each Custom

- Built sUAS , UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority f or a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security . Specifically, FMRA Section 333 states the following, in part:

(a ) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b ) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish req uirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Drones for Water Safety, LLC submits that the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the DJ I Phantom 3 UAS and each Custom

-20

Built sUAS , UAS ; (b) the pilot certification requirement (as defined by the FAA and revised from time to time) ; and (c) the specific operating limitations. **a. The Specifications Of The DJI**  **Phantom 3 UAS**  **and each Custom**
**- Built sUAS, UAS**  **Demonstrate Its Safe Characteristics.** The DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. **i. Technical Specifications of (a) t he**  **DJI Phantom 3**  **UAS and**  **(b) each Custom** 
**- Built sUA**  **S, UAS**  **.** The technical specifications of the DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS are , in the case of ‘(a)’ above set forth by the DJ I Phantom 3 User Manual and ‘(b)’ above the technical specifications of part/component manufacturers , are attached hereto as Appendix A and A i respectively . **ii. The DJI**  **Phantom 3 UAS**  **and each Custom**
**- Built sUAS, UAS**  **Global Positioning Modes Enable The UAS**  **To Remain Within A Defined Operational Area.** The DJ I Phantom 3 UAS and each Custom

- Built sUAS , UAS may b e operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 3 UAS is provided at pages 11 of the DJ I Phantom 3 User Manual attached hereto as Appendix A

. A complete description of the flight and navigational modes used by any Custom

- Built sUASs are found on pages 2

- 3, 6

- 8, 16 , 17, 19, 21

- 23, 25, 27

- 29, 32, 35

- 38, 40, 42 , 43, and 45 of the DJ I GPS NAZA

- M LITE User Manual V 2.00 2014.04.21 Revision For Firmware Version V1.00 & Assistant Software Version V1.00 , as it may change from time to time module used by

each Custom

- Built sUAS , UAS attached hereto as Appendix A i

. **iii. The DJI**  **Phantom 3 UAS**  **and each Custom**
**- Built sUAS**  **Are Designed For**  **Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  When the Control Link is lost, the DJI Phantom 3 UAS and each Custom

- Built sUAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 UAS and each Custom

- Built sUAS do es not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsaf e Functions of the DJ I Phantom 3 UAS are set forth at pages 12 through 14 of the DJ I Phantom 3 User Manual, attached hereto as Appendix A

. A complete description of the Failsafe Functions of each Custom

- Built sUAS , UAS are set forth at pages 3,7,17,23,27,28 and 45 of the NAZA

- M LITE User Manual V 2.00 2014.04.21 Revision For Firmware Version V1.00 & As sistant Software Version V1.00 , as it may change from time to time, attached hereto as Appendix A i

. **iv. The DJI**  **Phantom 3 GCS**  **and any Custom**
**- Built sUASs**  **And Their**  **Operation.**21

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 of the DJ I Phantom 3 User Manual , attached hereto as Appendix A

. A complete description of the operation and specifications of the DJ I NAZA

- M LITE GCS and flight control software is provide d through a full reading of the NAZA

- M LITE User Manual V 2.00 2014.04.21 Revision For Firmware Version V1.00 & Assistant Software Version V1.00 , as it may change from time to time, attached hereto as Appendix A i **b. Flight Operations Of DJI**  **Phantom 3 UAS**  **Is Limited To The Line Of Sight Of A**  **Certificated Pilot in Command With A Safety Observer.** Drones for Water Safety, LLC staff will be the only p erson s to act as a pilot in command (PIC) of the DJ I Phantom 3 UAS and each Custom

- B uilt sUAS

. Additionally, a safety observer will assist the PIC at all times during flight. **c. Flights Of DJI**  **Phantom 3 UAS**  **and each Custom**
**- Built sUAS**  **Will Be Conducted**  **Pursuant To Specific Operating Limitations.** In seeking this exemption, Drones for Water Safety, LLC proposes to commercially operate DJ I Phantom 3 UAS and each Custom

- Built sUAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations

.

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJ I Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of development, presentations and training in the use of drones in the areas of water safety, boating safety and lifeguarding using advanced technologies and solutions over certain open

-water areas of the United States

. 3. The UA S may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by

the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAS must be operated within visual line of sight (V LOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.22 6. The use o f first person view (FPV) by the PIC without a safety observer (SO) is not permitted , except in the case of dire emergencies when use of FPV may b e a matter of life or death

. 7. All operations must utilize a safety observer (SO). The SO may b e used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may u pdate or revise its operating documents. Iti s the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Offi ce (AFS

- 80) may b e contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight in spection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry

in the aircraft records.23 12. The pre - flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current third

class medical certificate. 18. The operator may

not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.24 21. The UA may

not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visib ility is less than 3 statute miles from the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a pre determined location within the planned operating area and land or be recovered in accordance with the operating documents

. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency re quirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any l aw enforcement official upon request. 29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a25 situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;
c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Acci dents must be reported to the National Transportation Safety B oard (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

**2. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **61.113(a) And**  **(b) Would Not Adversely Affect Safety.**  Drones for Water Safety, LLC submits that the equivalent level of safety established by S ection 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 UAS any Custom

- Built sUAS unless that PIC has demonstrated, by meeting minimum flight

hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS any Custom
- Built sUAS in a manner consistent with the exemption, including evasive and emergency

m aneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Drones for Water Safety ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJ I Phantom 3 UAS or any Custom

- Built sUAS , Drones for Water Safety, LLC submits that the additional manned airmanship experience of a commercial ly certificated pilot would not correlate to the airmanship skills necessary for Drones for Water Safety ’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).26

Drones for Water Safety, LLC will not allow any PIC to operate the DJ I Phantom 3 UAS or any Custom

- Built sUAS unless that PIC has demonstrated, by meeting minimum flight

-hour requirements or the DJ I Phantom 3 UAS or any Custom

- Built sUAS training and currency requirements, that the PIC is able to safely operate the DJ I Phantom 3 UAS or any Custom

- B uilt sUAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from peopl e, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). Inaddition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Drones for Water Safety ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

-rotor time and the 10 hours may

b e included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes). The FAA finds that at a minimum, the flight

-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary

to safely c onduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.
Exemption No. 11138 at page 15. Accordingly, Drones for Water Safety, LLC will ensure safe operations by not allowing any

PIC to operate the DJ I Phantom 3 UAS or any Custom

- Built sUAS unless that PIC has demonstrated,27

by meeting minimum flight

-hour and currency requirements, that the PIC is able to safely operate the DJ I Phantom 3 UAS or any Custom

- Built sUAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

**3. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.7(a) Would**  **Not Adversely Affect Safety.**  The equiv alent level of safety established by Se ction 91.7(a) will be maintained because prior to every f light, Drones for Water Safety, LLC will ensure that the DJ I Phantom 3 UAS and any Custom

- Built sUAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances s imilar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.121 Would**  **Not Adversely Affect Safety.**  The equivalent level of safety established by S ection 91.121 will be maintained because the altitude information of the DJ I Phantom 3 UAS and any Custom
- Built sUAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Drones for Water Safety ’s operation of the DJI Phantom 3 UAS and any Custom

- Built sUAS within visual line of sight, at or below 500 feet AGL , will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically

established by

the UAS at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 1106 4, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**5. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.151(b) Would**  **Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 1 4 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS and any Custom
- Built sUAS ; (2) the limitations on the proposed flight operations; and (3) the28

location of the proposed flight operations. Accordingly, Drones for Water Safety, LLC will ensure that it will safely

operate the battery

p owered DJ I Phantom 3 UAS and any Custom

- B uilt sUAS during daylight hours in VFR conditions, with enough battery p ower to fly

f or a total duration of 23 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS and and any Custom
- Built sUAS ; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 1 4 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJ I Phantom 3 UAS and any Custom
- Built sUAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery

voltage, the first warning occurring at approximately 3 3% remaining battery p ower, and again at approximately 1 0% remaining battery

p ower. At the critically low battery l evel, the DJ I Phantom 3 UAS and any Custom
- Built sUAS will descend and land automatically

. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 111 36, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Sections**  **91.405(a), 91.407(a)(1),**  **91.409(a)(1) &**  **(a)(2), And**  **91.417(a) &**  **(b) Would**  **Not Adversely**  **Affect Safety.** Ins eeking this exemption, Drones for Water Safety, LLC submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Drones for Water Safety , LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly M aintenance Lo g, DJ I Phantom 3 In struction Manual and for the Custom

- Built sUAS its component parts manufacturers’ recommendations)

. Furthermore, Drones for Water Safety, LLC will document and maintain all maintenance records for the DJ I Phantom 3 UAS and and any Custom

- Built sUAS

. Since the DJI Phantom 3 UAS and any Custom
- Built sUAS will be inspected as prescribed by the operating documents, Drones for Water Safety, LLC will maintain the equivalent level of safety established by

S ections 91.405(a), 91.409 (a)(1), and 91.409(a)(2). A copy o f the DJ I Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy o f the Flight and Maintenance Lo g to be used by Drones for Water Safety is attached as Appendix C.29

Likewise, the exemption sought will not adversely affect safety because Drones for Water Safety, LLC will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescrib ed by the operating documents and good practice. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 UAS and and any

Custom
- Built sUAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Inc onsideration of Drones for Water Safety ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 UAS and and any Custom

- Built sUAS , Drones for Water Safety, LLC submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.4 09(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , Drones for Water Safety, LLC requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS and and any Custom

- Built sUAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety e quivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of of development, presentations and training in the use of drones in the areas of water safety, boating safety and lifeguarding using advanced technologies and solutions over certain open-water are as of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority f or such UAS to operate without airworthiness certification in accordance with any

requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C. F.R. § 21.16, for operation of the DJ I Phantom 3 UAS and and any Custom

- Built sUAS , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraf t. Section 21.16, entitled Special Conditions , states the following:30

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJ I Phantom 3 UAS and any Custom

- Built sUAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety e quivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).31



## A S ummary That Can Be Published in The Federal Register, stating: The Rules Fro m Which Drones for Water Safety , LLC Seeks Exemption:

Drones for Wa ter Safety , LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.1 51(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &(b). **A Brief**  **Description Of**  **The Nature**  **Of The**  **Exemption Drones**  **for Water**  **Safety ,**  **LLC Seeks:**  This exemption will permit Drones for Wa ter Safety , LLC to commercially operate an Unmanned Aircraft System (UAS) for the p urpose development, presentations and training in the use of drones in the areas of water safety, boating safety and lifeguarding using advanced technologies and solutions over certain open -water areas of the United States

.32



## Any Additional Information, Views, Or Arguments Available To Support Drones for Water Safety ’s Request. This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary o f Transportation to determine if certain UAS may operate safely

in the NAS. As such, Drones for Water Safety ’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Drones for Water Safety, LLC will operate the DJ I Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.33



## CONCLUSION As set forth herein, Drones for Water Safety, LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom 3 UAS and any Custom

- Built sUAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfi lling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Drones for Water Safety, LLC to safely, efficiently, and economically operate the DJI Phantom 3 UAS and any Custom- Built sUAS commercially within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Drones for Water Safety, LLC respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Drones for Water Safety, LLC to operate DJI Phantom 3 UASs and and any Custom

- B uilt sUAS commercially f or the purpose of conducting aerial video and photography over certain areas of the United States. Dated: June 10 , 2015 Respectfully

submitted,

Peter Farnsworth Owner/President Drones for Water Safety, LLC 24 East Ave. Room 205 New Canaan, CT 06840 203

- 920

- 4654 Peter@ DronesforWaterSafety .org34



## Appendices:
Appendix A

– Link to DJ I Phantom 3 Manual: Click on the link below https://dl.djicdn.com/downloads/phantom_3_standard/en/Phantom_3_Standard_User_Manual_v1.4_en_0 112.pdf
Appendix A i

– Link to NAZA

- M LITE User Manual V 2.00 2014.04.21 Revision For Firmware Version V1.00& Assistant Software Version V1.00 : Click on the link below http://dl.djicdn.com/downloads/naza

-m lite/en/NAZA

-M LITE_User_Manual_v2.00_en.pdf
Appendix C

– Safety Procedures may be found in the applicant’s book: “Drone Safety Field Guide” available on Amazon at http://www.amazon.com/Drone

- Safety

-Field

- Guide

Farnsworth/dp/1523477105/ref=sr_1_1?ie=UTF8&qid=1454042835&sr=8

- 1&keywords=drone+safety [entire document free by request to the applicant] Appendix D

– And the “Drone Flight and Maintenance Log, a Supplement to the Drone Safety Field Guide” , also available on Amazon. [entire document free by request to the applicant]