### September 3, 2015

Exemption No. 12736

Regulatory Docket No. FAA

− 20 15

− 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 ai rcraft 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 des cribing the proposed ope rations 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, C ertification procedures for products

and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria

provided in Section 333 of P ublic 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

### 2

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

, C ertification 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 collection 1



### . The FAA has issued grants of

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

In Grants of Exemption No s

. 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 Lab s , 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 passenger s 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 r easons 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, 11 112, 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 belo w.

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 (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.

### 3

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 am end 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 cali brated 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 ;

e lectronic 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.

### 4

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 Admi nistrator 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 affec t the basis upon which the FAA granted this exemption, then

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

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

updates or revisions to the operatin g 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 unde r 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 propert y.

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 ne cessary 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 com ponents.

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 a lso hold a

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

state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal

government. The PIC must also meet the flight revi ew requirements specif ied 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

### 5

operated under this exemption, including evasive and emergency maneuvers and

maintaining approp riate 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

(traini ng, proficie ncy, 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

traini ng, 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 symbo l as denot ed 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 ava ilable

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 sign al, the UA must return to a

pre

- determined location within the pr ivate 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 begi nning 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 manufactu rer if greater.

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

operations shall be cond ucted in accordance with an ATO

- issued COA. The

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

operati ons 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

### 6

(N− Number) markings in acc ordance 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 nonpartici pating

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 ensurin g 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 control led

- access property w ith

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 tran sgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be

reported to the National Transportation Safety Board (NTS B) 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 conditi ons and limitations apply.

### 7

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 a rea 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 f ollowing:

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 th e 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 lis t 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 wh ich 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 t he

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 termi nates on September 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan

Director, Flight Standards Service

EnclosuresApril 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 as the 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

for returning 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 transm itter including altitude AGL, horizontal and vertical speed,

compass direction of flight and direction back to its launch 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 PIC to 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 industrial structures 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 pro fessional

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 onl y 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 op erate 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 reason s 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 the Operations 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 Petitio n. 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 benefits that 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 supplements the current capabilities offered

by manned aircraft, and public interest for a ground impact for of a 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 operations specified 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 81212Appendix 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 is sought:

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

- Airworthiness Certificates

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. Additiona lly, 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 wil l 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 w ith 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 airworthin ess 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" can be placed, and may not have a registration number

assigned to it by the FAA.

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 inc hes 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 of origin.

In a previous Grant of Exemption, Regulatory Docket No. FAA

- 2014

- 0352

, the FAA determined that

exemption from these requirements was warranted provided that the aircraft "have identification (N

Number) markings in accordance with 14 C.F.R part 45, Subpart C if the markings are as large as

practicable."

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 a dditional 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 simil ar 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’s license, 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 ’ s qualifications, given that operations will be

conducted within the limitations outlined in this petition.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 Docket No. FAA

- 2014

- 0352) that no exempt ion 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 the Aircraft

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 is simply 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)'s flight manual

requirements, on the condition that the Phantom 2 flight manual be available at the 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

- a pproved 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 Operation al 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 for flight 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 thro ugh 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 Operat or’s Manual

. The

FAA has stated ( Regulatory Docket No. FAA

- 2014

- 0352) that no exemption is required.

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 tha n 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, we ight, and speed of the UAS, as well as the 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 t hat 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, an d 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 requirements for flight in

VFR conditions. Section 91.151 states:

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

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

landing and, assuming normal cruising speed

- 

### (1) Durin g 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 this limit, providing an

equivalent level of safety.

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

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 for inspection upon request. The

FAA has stated ( Regulatory Docket No. FAA

- 2014

- 0352) that no ex emption 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 airwort hiness 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 than corrective 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 all times.



### 6. Prior to each flight the PIC will inspect the U AS 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 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, 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 th at affect the UAS operation or flight

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

accordance with the operator’s manual. The PIC who conducts the functional test flight 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’s manual.



### 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 requirements will be

established and identified in the operator’s manual. At a minimum, requi rements for the 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 the operator;



### 9. The Pilot In Command (PIC) will possess at least a private pilot certificate and at least a valid 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 consistent with 14 CFR §

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

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

documented flight experience that was obtained in compliance with applicable regulations m ay satisfy

this requirement. Training, proficiency, and experience

- building flights can also be conducted to

accomplish the required flight cycles and flight time.



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

61.51(b), a minimum of five hours as UAS pilot operating the make and model 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 and landing currency flights can be conducted to accomplish the

required flight cycles and flight time.



### 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 in the 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 not adversely affect safety.



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

accordance with the operato r’ s manual.



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

remaining, whichever occurs first.



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

(COA) prior to conducting any operations. 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.



### 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) markings in accordance

with 1 4 CFR part 45, Subpart C. Markings must be as large as practicable.



### 18. Each UAS operated will comply with all manufacturer Safety Bulletins.



### 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 oversight agency 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. T he 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



### 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 gave permission 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 essential to accomplish the

operation.

21. The documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the 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 or vehicle.

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 the FAA. 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 of agreement with that airport’s management

is obtained, and the operation is c onducted 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.

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’s UAS Integration Office

(AFS

- 80) within 24 hours.