Nov 10 , 2015

U.S. Dept. of Transportation, Docket Operations
West Building Ground Floor, Room w12

- 140

1200 New Jersey Avenue, SE.,
Washington, DC 20590
Submitted Electronically via the Federal Docket Management System (FDMS)
Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

O n Behalf of DroneTRAC Technology, LLC , and Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. P art 11, I JAS Henry, of DroneTRAC Technology , LLC (DroneTRAC TM ) , am seeking an exemption from Part 21 Subpart H; and Sections 91.203 (a) (1), 45.23 (b), 91.7 (a), 91.9, 61.113, 61.133, 91.109, 91.119, 91.121, 91.151, and (91.401

- 91.417) Subpart E, of Title 14, Code of Federal Re gulations
(14 CFR). This proposed exemption would allow for the operation of our unmanned aircraft (UAS) are:

 DJI Phantom 3

 DJI Inspire 1

 DJI S900

 DJI S1000

 3DR X8

 3DR Iris+
THE UNMANNED AIRCRAFT SYSTEMS (UAS):

 The UAS’s are lightweight (under 55lb. gross weight), battery operated Multi Rotor copters that take off and land vertically and have the ability to hover maintaining a single position.

EACH UAS INCLUDES:

 An on

- board flight computer with GPS navigation and location ability that receives signals for f light controls from a ground

- based transmitter/controller;

 An on

- board camera capable of capturing imagery in the form of full color, high definition still photos and video

 An on

- board telemetry system that delivers flight data from the on

- board flight com puter to the on

- board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to its launch site A 5.8GHz on

- board radio transmitter that transmits live video from the on

- board camera plus all the flight data from the telemetry system described above

THE GROUND STATION PART OF THE SYSTEM:

 A Pilot in Command (PIC) who is charged with operational control of missions from beginning to end, and who controls the UAS while in the air

 A 2.4GHz radio transmitter/controller operated by the PIC to control the UAS while in flight DroneTRAC Technology, LLC

. - SECTION 333 EXEMPTION REQUEST Pages 2 of 3

 Ground Station (computer, tablet for smart phone based app) which receives and displays video and system t elemetry real time from the UAS

 A Visual Observer (VO), a person who provides a second pair of eyes to visually track the UAS while in flight.
PILOT IN COMMAND (PIC) AND VISUASL OBSERVER:
DroneTRAC Technology, LLC employs certified and current licensed FAA fixed wing pilots, former law enforcement and security industry professionals that have all passed strict National Criminal Background check

. The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel
q ualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part of their initial training.
I submit that the combination of the UAS’s light weight, flight performance and ability, fully qua lified flight crew and strict operation under the guidelines established in 8900.227, and under all of the

r estrictions listed above, the FAA can have full confidence that the operation will have an equivalent or greater level of safety than manned aircraf t performing the same mission.

INTENDED USE:
The requested exemption would allow us to use the UAS for aerial image acquisition to support various mapping and surveying applications as well as video documentation and training for the public good.
Typical a pplications would include, but are not limited to:

 Videography/Film

- making

 Aerial Photography

 Aerial Mapping and Surveys

 Education/Training

 RFID/Bluetooth Scanning & Data Collecti on
The inherent ability of the UAS is to capture imagery from a low altitude including oblique photos and video from se veral angles is far more effective than ground based imagery for displaying the characteristics of buildings, sites and properties or areas where consistent monitoring is needed.The reduced cost and higher quality data from the UAS will be beneficial to the public in applications

such as preservation of historic buildings or archeological sites where access is limited and project sites potentially sensitive to disruption. DroneTRAC Technology, LLC is a reseller of UAS’s and as part of our operations we would like to incorporate education and training programs for our customers

.
PUBLIC SAFETY:
UAS’s, are powered by batteries, they are smaller, lighter and more maneuverable than larger aircraft runni ng on combustible fuel; they operate at lower altitudes (under 400’) with no people on board thereby reducing current risk levels and enhancing public safety. With a small payload and maximum flight time of approximately 22 minutes, UAS’s offer little or n o risk to national security. DroneTRAC Technology, LLC , intends to offer training and education programs, thereby reducing risk and improving operator safety as part of their purchase.
In addition the DJI UAS’s have their own built in flight restrictions i n special areas such as airports, which limit flight in these areas. More information can be found in the UAS’s User Manual or on DJI’s website
at : https://www.dji.com/fly

- safe.
DroneTRAC Technology, LLC

- SECTION 333 EXEMPTION REQUEST Pages 3 of 3

SUMMARY GRANT REQUEST:
This request follows many others using similar systems and process that have been granted previously. I am requesting the FAA issue a summary grant of exemption, as this request would not set a precedent.

 The reasons stated by the FAA for g ranting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to this request

 A grant of exemption would be in the public interest.

THE REGULATIONS FROM WHICH THE EXEMPTIONS ARE BEING REQUESTED
Beside each regulation number is the page of the attached Addendum upon which each may be found together with a proposed equivalent level of safety for each regulation:

 14 CFR Part 21 Subpart H Addendum Page 1  14 CFR 91.203 (a) (1) Addendum Page 1  14 CFR 45.23 (b) Addendum Page 1  14 CFR 91.7 (a) Addendum Page 2  1 4 CFR 91.9 Addendum Page 2  14 CFR 61.113, 61.133 Addendum Page 2  14 CFR 91.109, 91.119, 91.121 Addendum Page 3  14 CFR 91.151 Addendum Page 3  14 CFR Subpart E (91.401

- 91.417) Addendum Page 4  FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) Ad dendum Page 4I am prepared to modify or amend any part of this request to satisfy the need for an equivalent level of

safety. Please contact us at any time if you require additional information or clarification. I am the primary point of contact for this request and look forward to working with your office.
Sincerely,

JAS Henry
Chief Technology Officer
DroneTRAC Technology, LLC
Phone: (407) 373

- 5016
Email: john@dronetrac.net
Addendum Containing Exemption Requests and Equivalent Level of Safety
Appendix A

– Flight Operations/Procedures
Appendix B

– User’s Manuals

DroneTRAC T echnology Systems

- EXEMPTION REQUEST AND LEVEL OF SAFETY Page 1 of 4

ADDENDUM

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

I, JAS Henry , CTO of DroneTRAC Technology, LLC , request an exemption from the following regulations as well as any additional regulations that may technically apply to the operations of the DJI Phantom 3, DJI Inspire 1, and 3DR X8, 3DR Iris +, DJI S900 and DJI S1000
14 C.F.R. Part 21, Subpart H: Airworthiness Cer tificates 14 C.F.R. 91.203 (a) (1)
Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR 91.203( a) (1). Given the size and limited operating area associated with the UAS to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C.44701 (f)) and Section 333 o f the FMRA both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all c ases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rot orcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.The UAS to be operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned and carries

neither a pilot nor passenger, carries no expl osive materials or flammable liquid fuels, and operates exclusively within a limited flight area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the Operator and will also remain within the requirem ents of, and in compliance with, local public safety requirements. These safety enhancements, which already apply to civil aircraft provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthine ss certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS due to its size, speed of operation, location of operation, lack of ex plosive materials or flammable liquid fuels, and inability to carry a substantial external load.
14 C.F.R. 45.23 (b). Marking of the Aircraft
The regulation requires; When marks include only the Roman capital letter "N" and the registration number is displ ayed 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 inch es nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.
Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed.
Given the size of the UAS, two

- inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with 45.29 (f). The equivalent level of safety will be provided by having the DroneTRAC

. - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 2 of 4
UAS marked on its fuselage as required by 45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as "Experimental."
The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167 A.
14 C.F.R. 91.7(a): Civil aircraft airworthiness.
The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements co ntained herein for the use of safety check lists prior to each flight, an equivalent level of safety will be provided.14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an ai rcraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirem ent since the aircraft is not only too small to carry documentation; the documentation would not be available to the crew during flight operations.
To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved UAS Flight Operations/Procedures (Appendix A) must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299 A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.
14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations.
The regulation provides that no person that holds a private pilot certi ficate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations require that the PIC must either
1. Hold a Private or Sport Pilot Certificate issued by the FAA, and have logged 10 hours o f flight experience in this type of UAS, or
2. Meet the requirements of 8900.227 para 16(c) (2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot writ ten examination." Since there are currently no means available for the pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a private pilot's license, we propose to generate an equivalent level of safety by requir ing our DroneTRAC Technology, LLC

. - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 3 of 4 pilots to complete, at a minimum, FAA private pilot ground instruction and pass the FAA Private Pilot written examination in addition to completing the private pilot
req uirements. Since the aircraft cannot carry passengers or property, we feel that we meet the intent of 61.113 Subparagraph (b) even though the intent of this appli cation is to conduct a business.
14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests
The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls."The UAS’s ground

- based control station consists of a small h and

- held radio transmitter and while it does

not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands

- on" the controls during flig ht, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.
The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, we cannot comply with this requirement.
In order to provide an equivalent level of safety The UAS’s will not be operated over congested areas or over any open air assembly of persons with prior approval. Any property owner affected will be briefed on the expected route of flight and the associated risks to persons and property on the ground. The aircraft will be operated at a low altitude allowi ng, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.
14 CFR 91.121 Altimeter Settings.
The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft.

The UAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the take off point is transmitted via radio from the UAS’S on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout.
14 CFR 91.151 Fuel requirements for flight in VFR conditions.
The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes.
The intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. Each UAS is battery operated and the maxim um duration of flight from a single battery charge is approximately 18 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve en ergyDroneTRAC Technology, LLC

- EXEMPTION REQUEST AND LEVEL OF SAFETY Page 4 of 4 requirement of

this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".
14 CFR Subpart E (91.401

- 91.41 7)

- Maintenance, Preventive Maintenance, Alterations
The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under

43.7" A fter maintenance and inspection.
It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for ret urn to service." As provided in the Pre

- Flight Checklist in Appendix A, the PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance perfo rmed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.
8900.227 Paragraph 16(c) (4) PIC Medical, a nd Par agraph 16(e) (1) Observer Medical.
This policy provides that both the PIC and VO must have a valid FAA second

- class medical certificate issued under part 67 in order to perform as a pilot or observer.
The UAS’s maximum gross weight is each less than 8lbs., are constructed primarily of, plastic and carbon fiber. The PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the unlikely
event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAS will
return autonomously to the site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meet the same medical requirements as commercial pilot carrying passengers in a large aircraft is an unnecessary burden.

We propose that the minimum medical requirements for the PIC and VO be vision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO can see and avoid air traffic; a licensed driver is medically qu alified to operate a much larger vehicle.DroneTRAC Technology, LLC

– APPENDIX A

– FLIGHT OPERATIONS AND PROCEDURES

APPENDIX A

– FLIGHT OPERATIONS/PROCEDURES
The UAS’s will be operated under the following flight restrictions.

OPERATIONAL FLIGHT RESTRIC TIONS
The UAS will be operated in the field with both a PIC and a VO in accordance with and with the following

Restrictions:

 All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of no more than 25 knots and no furthe r than 3/4 NM from the PIC;

 All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation;

 The PIC must have accumulated and logged, in a manner consistent with 14 CFR §

 61.51 (b), 10 hours of total time as a UAS rotorcraft pilot and at least 5 hours logged as a UAS pilot with a similar UAS type;

 The UAS will not be operated over densely populated areas; without prior approval.

 The UAS will not be operated over any open

- air ass embly of people; without prior approval.

 The UAS will not be operated within 5 NM of an airport or heliport; without prior approval.

 Operations will be restricted to day only and weather conditions equivalent to VFR;

 The PIC will brief the VO and property owner about the operation and risk before operation

 No flight will be made without a Pre

- Flight Inspection by the PIC before each operation to ascertain that the UAS is in a condition safe for flight

PRE

- FLIGHT CHECKLIST
Prior to operation preflight checkl ists provided by the manufacturer of the UAS’s will be followed. Below is such an example.
1. Remote Controller, smart battery, Range Extender and smartphone are fully charged.
2. Propellers are mounted correctly.
3. Damping absorbers are in good condition , not broken or worn.
4. Camera lens cap has been removed.

5. Micro

- SD card has been inserted if necessary.
6. Gimbal is functioning as normal.
7. Motors can start and are functioning as normal.
8. Smart phone App can connect to the camera.DroneTRAC Technology, LLC

– APPENDIX A

– FLIGHT OPERATIONS AND PROCEDURES

TAKE OFF/LANDING PROCEDURES
Manufacturer recommended Takeoff and Landing procedures will be followed.
Place the UAS on ground with the battery level indicator facing you.

1. Power on the remot e controller.
2. Power on the range extender.
3. Switch the camera to the “WIFI ON” position.
4. Power on the aircraft by turning on the intelligent battery
5. Connect the mobile device to the UAS, run the Smart phone App to enter the camera preview page. 6. Wait until the LED flight indicator starts to slowly blink green/yellow. This means the aircraft is initializing and entering the “Ready to Fly”/“Ready to Fly (non

- GPS).” state. Then proceed to execute the CSC command to start motors.

7. Push the thrott le stick up slowly to lift the aircraft off the ground.
8. When landing, be sure to be hovering over a level surface. Pull down on the throttle stick gently to descend and land.
9. After landing the aircraft on the ground, keep the throttle stick at its lo west position for about 3 to 5 seconds, which will automatically stop the motors.

FAILSAFE FUNCTION
The UAS will enter Failsafe mode when the connection from the remote controller is lost. The flight control system will automatically control the aircraft t o return to home and land to reduce injuries or damage.
The following situations would make the aircraft fail to receive a signal from the remote controller and enter Failsafe mode:
1. The remote controller is powered off.

2. The aircraft has flown out of the effective communication range of the remote controller.
3. There is an obstacle obstructing the signal between the remote controller and aircraft, essentially reducing the distance the signal can travel.
4. There is interference causing a signal proble m with the remote controller.DroneTRAC Technology, LLC

– APPENDIX B

– User’s Manuals

APPENDIX B

– USER’S MANUASLS DJI Phantom, DJI Phantom 3, DJI Inspire 1, DJI S900, DJI S1000
Users Manuals for each of these systems can be downloaded here.

DroneTRAC Tec hnology, LLC keeps a copy with each UAS.
http://www.dji.com/product/phantom

- 3/download
http://www.dji.com/product/inspire

- 1/download
http://www.dji.com/product/spreading

- wings

- s900/download
http://www.dji.com/product/spreading

- wings

- s1000/download
http://3 drobotics.com/wp

- content/uploads/2015/04/X8

- Operation

- Manual

- vC.pdf
http://3drobotics.com/wp

- content/uploads/2015/02/IRIS

- Plus

- Operation

- Manual

- vH

- web.pdf

Upon request these will be provided