September 3, 2015

Exemption No. 12736

Regulatory Docket No. FAA−2015−1446

Mr. Don Brosh

DB Aero LLC

945 Dewey Street

Canon City, CO 81212

Dear Mr. Brosh:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 26, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of DB Aero LLC (hereinafter petitioner or operator) for an exemption. The petitioner

requested to operate an unmanned aircraft system (UAS) to conduct aerial videography, 

cinematography, inspections, search and rescue operations, and UAS training.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the
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aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1

. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, DB Aero LLC is granted an exemption from 14 CFR 

§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection.

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, DB Aero LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) 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 or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO 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 VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 
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Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 
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operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this 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 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 
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(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

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 a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. 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. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.
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29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
 April 26th, 2015

US Department of Transportation, Docket Operations West Building 

Ground Floor, Room w12-140

1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of DB Aero LLC for an Exemption Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012

Dear Gentlemen:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 

14 C.P.R. Part 11, DB Aero LLC hereby applies for an exemption from the Federal Aviation 

Regulations ("FARs") identified below, to allow commercial operations of small unmanned 

aerial vehicles.

This exemption is made based on information outlined in this petition (Appendix A), as well asthe DB 

Aero LLC Operational Limitations (Appendix B) and the DJI Phantom 2 Operators Manual V 1.4. The DJI 

Phantom 2 UAS was selected because it has a proven capability for controlled flight as well as a gyro 

stabilized flight mode, GPS aided navigation, a compass, blinking LED’s on the bottom, a failsafe mode 

forreturning home, and prop guards. 

Specifically, the UAS is:

A lightweight (< 7.0 lb gross weight with all on-board equipment), battery operated 4- motor 

rotorcraft in the form of a quadcopter that takes off and lands vertically, manufactured by DJI, 

Model Phantom 2 , with the following equipment:

 An on-board flight computer with GPS navigation and location ability that receives 

signals for flight 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 computer to 

the on-board radio transmitter including altitude AGL, horizontal and vertical speed, 

compass direction of flight and direction back to itslaunch site;

 A 600mW, 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 Includes:

 A Pilot in Command (PIC) in operational control of a flight operation from 

beginning to end and who controls the UAS while in the air;

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control the UAS 

while in flight;

 A radio receiver receiving live video and flight data from the on-board

camera and computer projects it all together onto a screen for the PICto view 

during flight;

 A Visual Observer (VO) is a person who provides a second pair of eyes to

visually track the UAS while in flight.

 
Proposed Operations

DB Aero LLC intends to use UAS in three general areas. First, DB Aero LLC seeks an exemption to 

perform video filming and photographing by air for public and private use. Second, it will employ UAS’s 

to inspect land, residential, commercial and industrialstructures and property. Third, DB Aero LLC

seeks permission to use UAS to offer training to persons, from both private and public entities, which 

are interested in the safe operation of UAS.

Specifically, DB Aero LLC will use UASs which are equipped with cameras and sensors, in order to 

engage in the following commercial activities:

(a) Video filming by air and photographing for public and private purposes, including: 

television, cinematography, advertising, promotions, public or news mass events.

(b) Video filming by air and photographing to support professional operations in 

engineering, land surveying, architecture, real estate and other related professional 

activities.

(c) Inspections by air of agricultural areas.

(d) Inspections by air of infrastructure such as bridges, highways, electrical installations, dams, 

aqueducts, photovoltaic power stations, wind farms and pipes. These inspections will only be 

done under contract with the owners or with any local government authority.

(e) Inspection by air of land and residential, commercial and industrial structures, only under 

contract with the owners or with any local government authority.

(f) Inspections by air to detect sources of pollution and gas emissions, under contract with 

the owners in the area or with any local government authority.

(g) Support provided to search and rescue operations and reconnaissance in cases of need, 

emergency or natural disasters and only when government authorities have requested it by 

contract or donation.

(h) DB Aero LLC is passionate about offering training to persons, private and public entities, which 

are interested in the safe use of UASs, for purposes of enhancing the skills and safety controls 

which make the NAS safer and for the protection of persons and property.

Relevant Statutory Authority

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA 

Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace system." 

Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft 

systems to operate in the National Air Space ("NAS") where it is safe to do so based on the following

considerations:
• The UAS’s size, weight, speed and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety 

regulations and minimum standards when the Administrator decides a requested exemption is in the 

public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) 

(permitting exemptions from §§ 44701(a), (b) and§§ 44702-44716,et seq.). A party requesting an 

exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and

(2) would not adversely affect safety (or how it would provide a level of safety at least equal to the

existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

DB Aero LLC Proposed UAS Operations Meet the Requirements of Section 333 of the Reform Act

DB Aero LLC proposed operations in this Petition for Exemption qualify for expedited approval

pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors 

are satisfied.

Approval is Warranted Based on the UAS Size, Weight, Speed, and Operational Capability

DB Aero LLC will employ the DJI Phantom 2 quadcopters for the operations specified in this Petition 

for exemption. The Phantom 2 UASs have a maximum take-off weight of less than 7 pounds, the flight

speed will not exceed 87 Kts (100 mph), and it will not be flown in controlled airspace or at an 

altitude that exceeds 400 feet AGL. All flights will be flown in such a way that they can be safely

terminated with a reserve battery power of 25% of the battery's maximum charge. The DJI Phantom 2 

UAS do not carry any flammable propellant or fuel. The Phantom 2 UAS also has an integrated GPS

system that calculates the UAS’s position and height and relays that information via a secure 

connection to the operator. Additionally, the Phantom 2 UAS contain a failsafe mode if its connection to 

the remote control is lost, and this system permits the UAS to return to a predetermined location 

and land without injury or damage. For additional safety, the Phantom 2 will be retrofitted with prop

guards.

Approval is Warranted Based on the Operational Restrictions Set Forth in theOperations Manual.

The DB Aero LLC Operations Limitations and the DJI's operators manual contain all of the procedures and

limitations necessary to successfully perform the operations specified in this Petition for Exemption. 

Public Interest

The public interest will be served by granting DB Aero LLC Petition for Exemption. Congress has 

established a national policy that favors early integration of UASs into the NAS in controlled, safe 

working environments such as those proposed in this Petition. In addition, the public also has an 

interest in reducing the hazards associated with alternate methods of conducting similar operations. 

Currently operations are conducted using teams that physically climb onto structures using ladders, 

using low flying helicopters or aircraft, or simply not available by traditional means. By using UAS, 

exposure to physical hazards will be reduced of conducting the operation while remaining safely on the

ground.
Additionally, DB Aero LLC's intended uses for the UAS’s have identifiable safety benefitsthat include 

reducing the danger and emissions associated with full size helicopters, UAS have no fuel to ignite or 

explode, no crew, adds a greater degree of flexibility, which supplementsthe current capabilities offered

by manned aircraft, and public interest for a ground impact for ofa small lightweight UAS is further 

minimized from an ecological and safety standpoint.

Federal Register Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:

DB Aero LLC seeks an exemption from the following rules:

Parts 21; §§ 45.23(b); 27; 61.113(a) and (b); 61.3; 91.7(a); 91.9(b)(2); 91.103; 91.109; 91.119;

91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and

(b) of Title 14, Code of Federal Regulations (14 CFR).

The exemption will enhance safety by reducing risk to the general public and property owners 

from the substantial hazards associated with performing equivalent work with conventional 

aircraft, rotorcraft, or other methods.

Conclusion

DB Aero LLC Petition for Exemption satisfies the criteria articulated in Section

333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within visual line of sight and national security. Additionally, the Petition 

provides more than adequate justification for the grant of the requested exemptions to permit DB Aero 

LLC to operate the selected UAS for the operationsspecified herein.

Granting the exemption will benefit the public interest as a whole in several ways, including (1) 

significantly improving safety and reducing risk by alleviating human exposure to danger, and

(2) improving the quality of services and decreasing operating costs compared with 

conventional flight operations.

Very Respectfully,

Don Brosh

945 Dewey Street

Canon City, CO 81212
Appendix A

The regulations from which the exemption is requested are listed below. Beside each 

regulation number is the page of the attached Appendix A upon which each may be found 

together with our proposed equivalent level of safety for each regulation:

Parts 21,§§ 45.23(b); 27, 61.113(a) and (b) 61.3; 91.7(a); 91.9(b)(2); 91.103; 91.109; 91.119;

91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and

(b) of Title 14, Code of Federal Regulations (14 CFR).

Exemptions Requested

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority, by its terms, includes exempting civil aircraft, as the term is defined under§ 40101 of the Act, 

including UASs, from its safety regulations and minimum standards when the Administrator decides a 

requested exemption is in the public interest.

DB Aero LLC seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 27, 45, 61 and 

91 for purposes of conducting the requested operations using a UAS. Listed below are the specific sections 

of 14 C.F.R. for which exemption issought:

14C.F.R.Part21,SubpartH-AirworthinessCertificates

The FAA has stated that no exemption is needed from this section if a finding is made under the 

Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft

normally used for the same application. (Regulatory Docket No. FAA- 2014-0352). These criteria are 

met, and therefore no exemption is needed.

Equivalent Level of Safety

The UAS selected by DB Aero LLC is safe when taking into account their size, weight, speed, and 

operational capability. T he UAS weigh less than 7 pounds and will be flown at less than 87 Kts (100 

mph) and completely outside controlled airspace. Additionally, the UAS carry neither pilots nor 

passengers, carry no explosive materials and or flammable liquid fuels, and operate exclusively within 

the parameters stated in the Operator’s Manual and Operations Limitations.

Operations under this exemption will be closely controlled and monitored by the operator and will 

be conducted in compliance with local public safety requirements, to provide security for the area of 

operation. DB Aero LLC will also provide the FAA with advance notice of all operations via NOTAMS 

and coordination with the local FSDO. In all cases, the UAS operated under the proposed conditions, 

will be at least as safe as, or safer than conventional rotorcraft operating with an airworthiness 

certificate without the restrictions and conditions of the proposed UAS operations.

14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.P.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the DB Aero LLC UAS would otherwise require certification under 

Part 27, we seek an exemption from Part 27's airworthiness standards for the same reasons identified 

in the request for exemption from 14 C.F.R. Part 21, Subpart H.
14 C.F.R. §§45.23(b), Display of marks; general

These regulations provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least 2 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters 

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The UAS does not have an 

entrance in which the word "EXPERIMENTAL" canbe placed, and may not have a registration number 

assigned to it by theFAA.

DB Aero LLC proposes to achieve an equivalent level of safety by including the word"EXPERIMENTAL" 

as large as practicable on the top of the aircraft, where the PIC, VO and others in the vicinity of the 

aircraft while it is preparing for launch will be able to see the designation. Finally, the ground station 

will display a high contrast flag or banner that contains the words "Unmanned Aircraft Ground 

Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground 

station, the banner should be visible to anyone that observes the aircraft and chooses to investigate 

its point oforigin.

In a previous Grant of Exemption, Regulatory Docket No. FAA-2014-0352, the FAAdetermined that 

exemption from these requirements was warranted provided that the aircraft "have identification (NNumber) markings in accordance with 14 C.F.R part 45, Subpart C if the markings are as large as

practicable."

14 CFR § 61.113 (a) and (b); 61.3 (c,2-v): Private Pilot Privileges and Limitations, Medical Certificate

In addition, DB Aero LLC seeks exemption from 14 C.F.R § 61.113, which restricts private pilot certificate 

holders from flying aircraft for compensation or hire, and which would also require a second class medical 

certificate. The purpose of this section is to ensure the skill and competency of any PIC where the aircraft is 

carrying passengers or cargo for hire. In this case, while the UAS will be operated as part of a commercial 

operation, it carries neither passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA-2014-

0352, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace 

did not warrant the additional cost and restrictions attendant with requiring the PIC to have a commercial

pilot certificate and class II medical certificate. Additionally, instead of having a second or third class 

medical, we suggest that the PIC exercise the privileges similar to that of a sport pilot, requiring only a valid 

US driver’s license.

Equivalent Level Of Safety

Petitioner seeks to ensure safe operation by ensuring that any PIC is thoroughly versed in airspace and 

communication issues pertaining to all aircraft operators but also in the unique aspects of UAS flight. The 

owner of DB Aero LLC does not have a commercial pilot’slicense, however, the experience obtained beyond

a private pilot certificate in pursuit of a commercial pilot certificate in manned flight does not necessarily aid

a pilot in the operational environment proposed. To that end, DB Aero LLC will require a PIC to have a 

minimum of a private pilot’s license and adhere to the flight limitations listed in Appendix C.

We find that the combination of aeronautical knowledge, UAS airmanship skills, and verification through 

remaining current is a sufficient method to evaluate a pilot’squalifications, given that operations will be 

conducted within the limitations outlined in thispetition.
14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

DB Aero LLC seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy 

condition to be operated. The FAA has stated (Regulatory DocketNo. FAA-2014-0352) that no exemption is 

required to the extent that the requirements of Part 21 are waived or found inapplicable.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in theAircraft

Given its size, configuration, and load capacity, the Phantom 2 has no ability to carry such a manual on 

the aircraft, not only because there is no pilot on board, but because there issimply no room or capacity 

to carry such an item on the aircraft.

Equivalent Level Of Safety

The safety related purpose of this manual requirement can be equally satisfied by maintaining the 

Phantom 2 Manual at the ground control point where the pilot flying the Phantom 2 will have 

immediate access to it. Accordingly, we request an exemption from § 91.9(b) (2)'sflight manual 

requirements, on the condition that the Phantom 2 flight manual be available atthe control point during 

each operation.

14 C.F.R. § 91.103: Preflight Action

DB Aero LLC seeks an exemption from 14 C.P.R.§ 91.103, which requires a PIC to become familiar with 

specific information before each flight, including information contained in the FAA- approved Flight 

Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely 

conduct the flight, an exemption is requested to the extent that an FAA- approved Flight manual is

required.

Equivalent Level Of Safety

An equivalent level of safety will be provided by following the Aircraft Operations Manual and flight 

manual provided by the manufacturer. The PIC will take all required preflight actions- including 

performing all required checklists and reviewing weather, flight requirements, battery charge, landing 

and takeoff distance, aircraft performance data, and contingency landing areas- before initiation of 

flight. The Operators Manual and Operational Limitations will be kept at the ground station with the 

operator at all times.

14 C.F.R. § 91.109(a): Flight Instruction

DB Aero LLC seeks an exemption from 14 C.F.R. § 91.109(a), which provides that "no person may 

operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless 

that aircraft has fully functioning dual controls." UAS and remotely piloted aircraft, by their design, 

do not have functional dual controls. Instead, flight control is accomplished through the use of a 

device that communicates with the aircraft via radio communications.

Equivalent Level Of Safety

Given the size and speed of the UAS employed by DB Aero LLC, an equivalent level of safe training can still 

be performed without dual controls because no pilot or passengers are aboard the UAS, and all persons 

will be a safe distance away in the event that the UAS encounters any difficulties during flight instruction. 
In addition, we will conduct flight training at predetermined training sites. These training flights will be 

conducted in a sterile area and will otherwise comply with the provisions in the Operator’s Manual. The 

FAA has stated (Regulatory Docket No. FAA-2014-0352) that no exemption isrequired.

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

DB Aero LLC requests an exemption from the minimum safe altitude requirements of 14

C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter 

to operate at less than those minimum altitudes when it can be operated "without hazard to 

persons or property on the surface," provided that "each person operating the helicopter complies 

with any routes or altitudes specifically prescribed for helicopters by the FAA."

Equivalent Level Of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights 

proposed herein, and given the lack of flammable fuel, any risk associated with these operations 

is far less than those that presently exist with conventional aircraft. An equivalent level of safety 

will be achieved given the size, weight, and speed of the UAS, as well asthe location where it is 

operated. In order to avoid any risk to aircraft, flight operations will be restricted to 400' AGL or

below.

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

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft 

to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the 

departure airport or barometric pressure. An exemption is required to the extent that the UAS do not 

have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level Of Safety

The FAA has stated that an equivalent level of safety can be achieved if the UAS will be operated at 400' 

AGL or below and within visual line-of-sight in addition to GPS based altitude information relayed in real 

time to the operator. See Grant of Exemption to Astraeus Aerial, Docket No. FAA- 2014-0352. As the 

attached Operations Manual indicates, the chosen UAS meets these requirements, and a zero altitude 

initiation point will be obtained prior to flight.

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

DB Aero LLC requests an exemption from 14 C.F.R. § 91.15l(a)'s fuel requirementsfor flight in 

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind 

and forecast weather conditions) there is enough fuel to fly to the first point of intended 

landing and, assuming normal cruising speed -

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.
Here, the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30 minute reserve. DB Aero LLC proposes 

that all flights comply with this requirement by mandating that the aircraft be safely landed with 

no less than 25% of battery life remaining.

Equivalent Level Of Safety

The FAA has stated that an equivalent level of safety is provided if the UAS flight is terminated 

with at least 25% reserve battery power still available. See Grant of Exemption to Astraeus Aerial, 

Docket No. PAA-2014-0352. The Operations Manual conforms to thislimit, providing an 

equivalent level of safety.

14 CFR 91.203(a) & (b) Civil aircraft: Certificationsrequired.

The regulation provides that an airworthiness certificate, with the registration number assigned to the 

aircraft and a registration certificate must be aboard the aircraft. Additionally,subparagraph

(b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so 

that it is legible to passengers or crew."

At a maximum gross weight of less than 7 pounds, the UAS is too small to carry documentation, does not 

have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety 

and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA 

will be co-located with the crew at the ground control station and available forinspection upon request. The 

FAA has stated (Regulatory Docket No. FAA-2014-0352) that no exemption is required.

14 C.F.R. 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) Maintenance

Required

DB Aero LLC seeks an exemption from the maintenance inspection requirements contained in 14 

C.P.R.§ 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance 

and inspection standards in reference to 14 C.P.R. Part 43. See, e.g., 14 C.P.R. § 91.405(a) (stating that 

each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of 

this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 

of this chapter"). An exemption from these regulations is needed because Part 43 and these sections 

only apply to aircraft with an airworthiness certificate, which the UASs will not have.

Equivalent Level Of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the Operators Manual. As provided in the Operators Manual, flights 

will not be conducted unless a flight operations checklist is performed that includes all of the 

aircraft's components.
Appendix B

Operational Limitations

1. The unmanned aircraft system (UAS) will weigh less than 7 pounds, including energy source(s) and

equipment.

2. The UAS will not be flown at a ground speed exceeding 87 kts (100 mph).

3. Flights will be operated at an altitude of no more than 400 feet above ground level (AGL),as indicated

by the procedures specified in the operator’s manual. All altitudes reported to ATC must be in feet

AGL.

4. The UAS will be operated within visual line of sight (VLOS) of the PIC at all times.This requires the PIC 

to be able to use human vision unaided by any device other thancorrective lenses.

5. All operations will utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement 

as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate 

verbally at alltimes.

6. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraftis 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, if utilized, will be included in the preflight 

inspection. All maintenance and alterations will be properly documented in the aircraft records.

7. If the UAS has undergone maintenance or alterations that affect the UAS operation orflight 

characteristics, e.g. replacement of a flight critical component, will undergo a functionaltest flight in 

accordance with the operator’s manual. The PIC who conducts the functional testflight will make an entry

in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and 

aircraft record entry will be added to the operator’smanual.

8. The operator will follow the manufacturer’s UAS aircraft/component, maintenance,overhaul, 

replacement, inspection, and life limit requirements. When unavailable, aircraft 

maintenance/component/overhaul, replacement, and inspection/maintenance requirementswill be 

established and identified in the operator’s manual. At a minimum, requirements forthe following will 

be included in the operator’s manual:

a. Actuators / Servos;

b. Transmission (single rotor);

c. Powerplant (motors);

d. Propellers;

e. Electronic speed controller;

f. Batteries;

g. Mechanical dynamic components (single rotor);
h. Remote command and control;

i. Ground control station (if used); and

j. Any other components as determined by theoperator;

9. The Pilot In Command (PIC) will possess at least a private pilot certificate and at least avalid driver’s 

license. The PIC will also meet the flight review requirements specified in 14 CFR §

61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

10. Prior to operations the PIC will have accumulated and logged, in a manner consistentwith 14 CFR § 

61.51(b), a minimum of 200 flight cycles and 25 hours of total time as aUAS rotorcraft pilot and at 

least ten hours logged as a UAS pilot with a similar UAStype (single blade or multirotor). Prior 

documented flight experience that was obtainedin compliance with applicable regulations may satisfy 

this requirement.Training, proficiency, and experience-building flights can also be conducted to 

accomplishthe required flight cycles and flight time.

11. Prior to operations the PIC will have accumulated and logged, in a manner consistentwith 14 CFR § 

61.51(b), a minimum of five hours as UAS pilot operating the make andmodel of UAS to be utilized for 

operations and three take-offs and three landings in the preceding 90 days. Training, proficiency, 

experience-building, and take-off andlanding currency flights can be conducted to accomplish the 

required flight cycles and flighttime.

12. The UAS may not be operated directly over any person, except authorized and consenting personnel, 

below an altitude that is hazardous to persons or property on the surface inthe event of a UAS failure 

or emergency.

13. The operator will ensure that no persons are allowed within 500 feet of the area except those 

consenting. This provision may be reduced to no less than 200 feet if it would notadversely affectsafety.

14. The UAS will abort the flight in the event of unpredicted obstacles or emergenciesin

accordance with the operator’smanual.

15. Each UAS operation will be completed within 30 minutes flight time or with 25% batterypower 

remaining, whichever occurs first.

16. The operator will obtain an Air Traffic Organization (ATO) issued Certificate of Waiveror Authorization 

(COA) prior to conducting any operations. This COA will also requirethe operator to request a Notice 

to Airman (NOTAM) not more than 72 hours in advance, butnot less than 48 hours prior to the

operation.

17. All aircraft operated in accordance will be identified by serial number, registered in 

accordance with 14 CFR part 47, and have identification (N- Number) markingsin accordance 

with 14 CFR part 45, Subpart C. Markings must be as large aspracticable.

18. Each UAS operated will comply with all manufacturer SafetyBulletins.

19. The radio frequency spectrum used for operation and control of the UA will comply with the Federal 

Communications Commission (FCC) or other appropriate government oversightagency requirements.
20. At least three days before scheduled flight, the operator will submit a written Plan of Activities to 

the local FSDO with jurisdiction over the area of proposed flight area. The3- day notification may

be waived with the concurrence of the FSDO. The plan of activities must include at least the

following:

a. Dates and times for all flights;

b. Name and phone number of the operator

c. Make, model, and serial or N-number of UAS to be used;

d. Name and certificate number of UAS PIC involved

e. A statement that the operator has obtained permission from property owners and/or local 

officials to conduct the flight operations; the list of those who gavepermission must be made 

available to the inspector upon request;

f. Signature of exemption-holder or representative; and

g. A description of the flight activity, including maps or diagrams of any area, city, town, county, 

and/or state over which flights will be conducted and the altitudes essentialto accomplish the

operation.

 21. The documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC atthe Ground 

Control Station of the UAS any time the aircraft is operating.

 22. The UA will remain clear and yield the right of way to all other manned operations and activities at

all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, 

hang gliders, etc.).

 23. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be

conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) 

are not authorized.

 24. The UAS will not be operated by the PIC from any moving device orvehicle.

 25. The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

cloud or when visibility is less than 3 statute miles from the PIC.

 26. The UAS will not operate in Class B, C, or D airspace without written approval from theFAA. The UAS

may not operate within 5 nautical miles of the geographic center of a non- towered airport as denoted on 

a current FAA-published aeronautical chart unless a letter ofagreement with that airport’s management 

is obtained, and the operation is conducted in accordance witha NOTAM as required by the operator’s 

COA. The letter of agreement with theairport management must be made available to the Administrator 

upon request.

 27. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA will be reported to the FAA’sUAS Integration Office 

(AFS-80) within 24 hours.