September 6

, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Da Vinci Unmanned Productions f or an Exemption Pursuant to Section 333 of

the FAA Modernization and Reform Act of 2012

Director: Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Da Vinci Unmanned Productions ( “ Da Vinci”) hereby applies for an exemption from the Federal Av iation Regulations ("FARs") identified below to allow commercial operation of small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or "UAS") for the purpose o f conducting aerial digital photography and videography for the real estate industry as well a s property mapping, inspections and 3D compositing.

This petition for exemption is made based on information outlined in this Petition for Exemption, as well as the accompanying Da Vinci documents;

1. PIC Flight Operations Manual and;

2. Operation s Manuals ( Collectively 2 and 3 are referred to as Documents & Manuals")

3. User Guide and;

4. Flight Manual 1 ( Collectively 3 and 4 are referred to as "Manufacturer's Manuals")

Da Vinci submits these supporting materials as confidential documen ts pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary information that Da

Vinci has not and will not share with other requesting parties. Additionally, these d ocuments contain operating conditions and proc edures that are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et. seq.

For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Propo sed Operations

1 . The term "Manufacturer's Manual" al so includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service
information letters and, safety/service bulletins

.U.S Department of Transportation

September 6 , 2015 Page 2

A. A erial D igital P hotography and V ideography for M apping

, Inspection Services

and 3D compositing

III. Relevant Statutory Authority

IV. Copter Source ’s Proposed UAS Operations Meet the Requirements of

Section 333 of the Reform Act

A. Approval is War ranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manuals

V. Regulations From Which Exemption is Requested

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

– Airwort hiness Certificates and 14 C.F.R. § 91.203(a)(1)

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

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409 (a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and

Limitations

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Man ual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

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

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

K. 14 C.F.R. § 91.121: A ltimeter Settings

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

V1. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion

I. DESCRIPTION OF PETITIONER

Da Vinci

, based in Grafton, OH provides aerial digital photography and videography for the real estate industry as well a s property mapping, inspections and 3D compositing The Company’s Principal and Chief Pilot William S Hershey has been flying UAV Quadcopters as a hobby fo r

more than one year without incident, spen d ing thousands of hours flying

. This business is not the only source of income, but after receiving the 333 exemption plans are for the business to represent the primary source of income.U.S Department of Transportation

September 6 , 2015 Page 3

Upon the grant of the 333 Exemption the Da Vinci will specialize in aerial digital photography and videography for the real estate industry

. Its staff are well trained and experienced in providing support as visual observers (“VO”) for the pilot in command (“PIC”) in addition to any other needed on site assistance

.

All of the equipment owned by Da Vinci is of the highest quality gear and ha s been able to provide these services safely and without any claims or incident

. Da Vinci ’s goal is to advise the perspective client that Da Vinci is following all the applicable state and federal rules to ensure the safety of the public while providing the client with a competitive and cost effective product.

Da Vinci seeks an exemption to allow aerial digital photography and videography for m apping

, i nspection s ervices and 3D compositing

. The contact information for Petitioner is as follows:

William S Hershey

Da Vinci Unmanned Productions

2545 Grafton Rd Grafton, OH 44044

Phone: 440

- 570

- 1250

Email: davinciup@gmail.com

II. DESCRIPTION OF PROPOSED OPERATION

Da Vinci seeks an exemption pursuant to Section 333 of the Reform Act to operate DJI Phantom

3

, DJI Inspire

, Freefly CineStar 8

, Freefly Alta and 3D Robotics Solo (referred to as DV

- UAS ) ( all under 55lbs) for the proposed operations d iscussed herein below. All UAS operations will occur under tightly controlled conditions on private property where Da Vinci has received

verifiable permission to operate from the landowner, controller or authorized representative. The proposed UAS operati ons will be conducted in accordance with the conditions and limitations of this Petition for Exemption and Da Vinci ’s Operations Manuals. As detailed in Da Vinci ’s Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within

vi sual line

- of

- sight ("VLOS") of the operator, in uncontrolled airspace, and will occur at least 5 mm away from an airport reference point

. Moreover, Da Vinci ’s Operations Manuals incorporate redundant safeguards to assure the aircraft does not travel outsid e the controlled area of UAS operations, including GPS "geo

- fencing" technologies.

A. Digital Photography and Videography for Mapping, Inspection Services and 3D compositing

Da Vinci seeks to use small DV

- UAS for the purpose of providing aerial digital phot ography and videography for mapping

, inspection services and 3d compositing for their client base

. Da Vinci has purposefully tailored its operations to meet the requirements established by the FAA in prior grants of exem p tion authorizing commercial use of UAS in the real estate indu s try, including :

 Trudeau, Realtor® (Exemption No. 11 138 )

 Alon Sicherman (Exemption No. 11 728 )

 Sokoler Medly (Exemption No. 11 341 )U.S Department of Transportation

September 6 , 2015 Page 4

All UAS real estate photography and videography operations will occur on private property in a controlled area away from spectators and persons not involved in the recording process . In addition, the filming will be conducted between dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation of the UAS ; VFR conditions, at altitudes below 400' above ground level (“AGL”).

As set forth below, Da Vinci ’s operations provide an equivalent level of safety which is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

Sm all UAS real estate video production is also safer than traditional manned aircraft p erfor m ing

the same function. Videographer

- inspectors also frequently need to climb roof tops , trees, or otherwise perform elevated work, which exposes them to the risk of dangerous falls,

ele c trocution or other work related injuries . In addition, depending on the nature of the video needed and inspection, proximity to equipment, and other mechanical hazards associated with

industrial sites and construction facilities often involves a risk of exposure to hazardous

cond i tions . The use of DV

- UAS mitigates these hazards and is ultimately a much safer and cost

e f ficient method of performing these and most other types of i n spections.

Moreover, c onventional operations using rotorc raft and fixed

- wing aircraft in low level operations present risks associated with vehicles weighing tens of thousands of pounds (including payload) and carrying large amounts of fuel which inherently presents significant fire hazards as well as exposure t o other chemical contaminates

. It is important to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser of the service , but the quality and expanse of acquired information will be far mo re robust given the low cost associated with its acquisition and other potential consumers an inexpensive product

.

UAS real estate video production is more reliable, and allows for the collection, dissemination, and storage of visual and other sensory da ta with greater precision and duration at a very low

cost . Small UASs will also be capable of accessing and inspecting areas that would otherwise be

inaccessible or highly dangerous using conventional aircraft or other inspection methods.

III. RELEVANT S TATUTORY 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 aircra ft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit

u nmanned aircraft systems to operate in the National Air s pace Systems ("NAS") where it is safe

to do so b ased on the following cons iderations:

● 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 gene ral 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 theU.S Department of Transportation

September 6 , 2015 Page 5

Administrator); 49 U.S.C. § 4 4701(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 w ould provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. DA VINCI ’S PROPOSED DV

- UAS OPERATIONS MEET THE REQUIREMENTS

OF SECTION 333 OF THE REFORM ACT

The small DV

- UAS operations proposed b y Da Vinci as noted above in this Petition for

E xemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UAS s due to their size weight, speed, and operational capability.

 The UAS utilize d by Da Vinci ha s been approv ed for use in prior Section 333

Grants of Exemption from the FAA. 2

 The UAS weigh s less th an 55 pounds, including payload

 The UAS will not be flown at a ground speed in excess of 50 knots.

 Altitude information will be generated by equipment onboard the UA S as specified using GPS triangulatio n, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be transmitted to the pilot

via telemetric data feed.

 The DV

- UAS will have system redundancies and independent functionality to

ensure the overal l safety and predictability of the system. If connection to the remote control or ground control station is lost, failsafe systems will permit the UAS s to return to a predetermined location and safely land without injury or damage.

 The radio frequencies u sed for operations and control of the DV

- UAS comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. T he operating frequency for the DV

- UAS is 2.4 GHz frequency bands.

If the same operation s were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pounds depending on payload . The difference in weight between the DV

-

2 See e.g., Gra nt of Exemption to Trudeau, Realtor® (Exemption No. 11138) ; Grant of Exemption to Alon Sicherman (Exemption No. 11728) ; Grant of Exemption to Sokoler Medly (Exemption No. 11341)

.U.S Department of Transportation

September 6 , 2015 Page 6

UAS and a helicopter significantly reduces the potential harm to the participating and non

p articipating individuals and/ or surrounding property in the event of an unintended accident or incident. In addition, the risk to the onboard pilot and camera operator is eliminated.

B. Approval is Warranted Based on the Operational Restrictions Set Forth i n Da Vinci ’s Operations Manuals

Operations Manuals and the Manufacturer's Manual for the selected DV

- UAS will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety assessment of Da Vinci ’s proposed operations, below is a summary of operational limitations and conditions that Da Vinci will adhere to, and which will ensure an equivalent or higher level of safety to operations

condu cted under current regulatory guidelines:

1. The DV

- UAS weighs less than 55 pounds, with payload

.

2. All operations shall be conducted over private or controlled

- access property with verifiable permission from the land owner/controller or authorized representa tive. Permission from land owner/controller or authorized representative will be obtained

for each scheduled flight prior to operation

.

3. All UASs operated under the Grant of Exemption will be identified by serial number, registered in accordance with 14 CF R part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

- in Command ("PIC") of the DV

- U AS , and one or more Visual Observers ("Observer") as necessary to safely conduct the mission.

5. PICs shall possess at least a Sport or Private Pilot's Certificate shall possess at least a

current Class III Medical Certificate and/or a valid and current driv er’s license issued

within the United States . The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot

certificate.

6. The DV

- UAS shall be operated within VLOS of the PIC and Observer at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all times.

8. Electronic messaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to

the Da Vinci ’s Operations Manuals. The Operations Manuals will be maintained and made available to the Administrator upon request. If a discrepancy exists between theU.S Department of Transportation

September 6 , 2015 Page 7

conditions and limitations in the Grant of Exemption and Da Vinci ’s Operations

Manuals, the conditions and limitations in the Grant of Exemption shall take precedenc e and must be followed. Otherwise, Da Vinci shall follow the procedures outlined in their Operations Manuals.

10. Da Vinci may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided to the Administ rator upon request. Da

Vinci will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or revision would

a f fect the basis upon which the FAA grants the exemption, Da Vinc i will seek an amendment to its Grant of Exemption. Da Vinci will contact the FAA’s UAS Integr a tion Office (AFS

- 80) if questions arise regarding updates or revisions to the

ope r ating documents.

11. Da Vinci Operations Manuals and its Grant of Exemption will be available to the PIC at the ground control station anytime the DV

- UAS is operating.

12. The PIC is prohibited from beginning a DV

- UAS flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the DV

- UAS will be

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace without timely prior written authorization and approval from the F

AA. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and no more than 50 feet horizontally from the structure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons fr om 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 o perations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operat ing closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).U.S Department of Transportation

September 6 , 2015 Page 8

16. The DV

- UAS may not be oper ated 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.

17. The DV

- UAS may not operate within 5 nm of an airport reference point as denoted on

a current FAA

- published aerona utical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the Da Vinci COA. The letter of agreement with the airport management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspect the DV

- UAS to confirm that it is in a condition safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents as well as equipment updates . The PIC shall not

operate any DV

- UAS if the inspection reveals a condition that affects the safe

o peration of the DV

- UAS until the necessary maintenance has b een performed and

the DV

- UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations must be properly documented in the UAS ’s records as required by Da Vinci ’ s Operations

Manuals.

19. Da Vinci will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection,

and alterations will be fully noted in the DV

- UAS records, including to tal time in service, description of work accomplished, date completed and the signature of the authorized person returning the DV

- UAS to service.

20. Any DV

- UAS that has undergone maintenance or alterations that affect the UAS operation or flight characterist ics (e.g., replacement of a flight critical component)

must timely undergo a functional test flight in accordance with Da Vinci ’s Operations Manuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flig ht. The requirements and procedures for a functional test flight and DV

- UAS record entry shall be included in the Da Vinci ’s Operations

Manuals.

21. The DV

- UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufactur er Safety/Service Bulletins and product updates

. 22. Prior to the operation, a Mission Packet will be created in accordance with the requirements on Da Vinci ’s Operations Manuals.

23. Da Vinci will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of Exemption. A NOTAM will be issued as required by the COA. All operations will be conducted in accordance with airspace requirements

in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.U.S Department of Transportation

September 6 , 2015 Page 9

24. All required permissions and permits will be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire or other appropriat e governmental agencies.

25. If the DV

- UAS loses communication with the PIC , it will have the capability to safely

return to a pre

- determined location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The DV

- UAS will have the capability to safely abort flight in the case of unpredicted obstacles or emergencies.

28. PICs and Observers will have at least a curren t Class III Medical Certif icate or a valid

and current state driver’s license issued within the United States

.

29. Prior to conducting operations for filming, 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 total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS

p i lot with a similar DV

- UAS type platform

. This requirement can be achieved by flights conducted and logged as a hobbyist

.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR § 61.51(b) , a minimum of hours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and model of DV

- UAS to be utilized for operations under the exemption and three take

- offs and three landing in the preceding 90 days

.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted.

32. The DV

- UAS shall remain clear and yield the right of way to all ot her manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

33. DV

- UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibi ted.

34. The DV

- UAS will not be operated from an elevated platform or moving

device/vehicle.

35. Before conducting operations, the radio frequency spectrum used for operation and

control of the DV

- UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

V

. REGULATIONS FROM WHICH EXEMPTION IS REQ UESTEDU.S Department of Transportation

September 6 , 2015 Page 10

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempti ng 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. 3

Da Vinci seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using DV

- UAS platforms noted above . Listed below are: (1) the specific

sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 4

UNMANNED AIRCRAFT SYSTEM

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

– Airworthiness Certificates and 14 C.F.R. §91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to

ai rcraft normally used for the same application. These criteria are met and in point of fact

exceeded

, and therefore no exemption is needed. 5 If, however, the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requir ements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

Da Vinci ’s use of the DV

- UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description of proposed operations in S ection IV (A),

the DV

- UAS weigh s less than 55 poun ds , including payload and will not be flown at a ground speed in excess of 50 knots. The DV

- UAS is also equipped with safety features which will allow Petitioner to operate the DV

- UAS safely after experien c ing certain in

- flight contingencies or

failures as noted below

. 6 7

3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirement s of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provi d ed by the rule from which you seek exemption.

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).

6 See e.g., Grant of Exemption No. 11184 to Low Co untry RC, Corp. (FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot system to maintain UAS stability and control. The UAS is also able to resp ond to a loss of global positioning system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation."U.S Department of Transportation

September 6 , 2015 Page 11

Additionally, the DV

- UAS carr ies neither pilots nor passengers, carr ies no explosive materials or flammable liquid fuels, or other elements identified by Homeland Security as being prohibi tive and operate exclusively within the parameters stated in Da Vinci ’s Operations Manuals

.

Operations conducted under this exemption will be closely controlled and monitored by the PIC operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. Da Vinci will also provide the FAA with advance notice of all operations via NOTAMs as required by the applicable COA. In all cases, operation of the DV

UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate

. Lastly, the DV

- UAS do not need a means to communicate with other aircraft or ATC, because those capabilities will be solely possessed by

the PIC and O bserver, who are not onboard the DV

- UAS

. 8 In addition, no sense

- and

- avoid technology is necessary for the DV

- UAS s because they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator

. 9

B. 14 C.F.R. Part 27 Airworthiness Stand ards: Normal Category Rotorcraft Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that Da Vinci ’s small DV

- UAS would otherwise require certification under Part 27, P etitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart
H, supra

.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Da Vinci seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC . (FAA

- 2014

- 0382 at pgs. 4

- 5): The DV

- UAS can be operated entirely by a touch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The DV

- UAS can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre

- planned flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built

- in intelligent fault handling which all ows the DV

- UAS to detect a system fault while in the air and automatically fly back to its takeoff location and land. Faults that can be detected include: loss of communication; exceeding pre

- set wind thresholds; and low battery levels.

All flight operati ons are global positioning system (GPS) controlled, making the system easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not onl y GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link

– to prevent a 'fly away' or other potential ly dangerous situation

– is available to the operator."

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).

9 . IdU.S Department of Transportation

September 6 , 2015 Page 12

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45. 23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the opera tor must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicab le.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA de termined that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in

a ccordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

Equivalent Level of Safety

All DV

- UAS flown by Da Vinci will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Da Vinci seeks an exemption from the maintenance inspection requirements contained in 14 C.F.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.F.R. Part 43. See, e.g., 14 C .F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and 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 UAS platforms to be operated under this grant of exemption will not have . (Emphasis added)

Equivalent Level of Safety

10

. FAA Docket No. FAA

- 2014

- 0352.

11 See, e.g., FAA D ocket No. FAA

- 2014

- 0352, at 14.U.S Department of Transportation

September 6 , 2015 Page 13

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

will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as req uired by Da Vinci ’s Operations Manuals, the PIC will conduct a pre

- flight inspection of the DV

- UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditi ons potentially affecting safe operation of the DV

- UAS and no flights will occur unless, and until, all flight critical components of the DV

- UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conduct ed following the replacement of any flight

- critical components. As required by Da Vinci ’s Operations Manuals, the PIC who conducts the functional test flight will make an entry in the

DV

- UAS aircraft records of the flight.

Da Vinci ’s Operations Manual als o includes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics

and contr ol surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Da Vinci ’s Operations Manuals also include procedures to documen t and maintain

a record of the DV

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the DV

- UAS used under this Grant of Exemption. As a whole, the maintenance and ins pection procedures required in Da

Vinci ’s Operations Manuals ensure that an equivalent or higher level of safety will be achieved.

PILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Da Vinci seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches

t he airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the DV

- UAS will be operated as part of a commercial oper ation, they carr y neither passeng ers nor cargo. In the Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II I Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved

.

Equivalent Level of Safety

The restrictions Da Vinci has placed on its DV

- UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Da Vinci will operate on private property away from persons and property not involved in th e operation. Da Vinci will also obtain an ATO issued

12 Exemption No. 11062 (FAA Do cket No. FAA

- 2014

- 0352).U.S Department of Transportation

September 6 , 2015 Page 14

COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitud e level and potential transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, Da Vinci will further ensure safe operation by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects of DV

- UAS flight. As set forth in the Operations Manuals, pilots will have experience not only in DV

- UAS operations generally but have logged flight tim e in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of Da Vinci . The pilot qualification, training, and currency requirements in the Operations Manuals ensure that Da Vinci pilo ts are competent and proficient in the DV

- UAS they are operating. Da Vinci ’s training and qualification requirements are consistent with those contained in prior FAA Section 333 Grants of Exemption, and will provide a higher level of competency and profici ency for its pilots and will ensure at least an equivalent level of safety to the public

.

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

I nasmuch as there will be no airworthiness certificate issued for the UASs, Da Vi nci 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 that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waiv ed or found inapplicable. 13 Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with

Section V ( A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Ca rrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b ) ( 2) and § 91.203(a) and (b) require the operator to carry airworthiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b ) ( 2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approve d manual material, markings, and placards, or any combination

thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

13 See Id. at 13

- 14, 22.U.S Department of Transportation

September 6 , 2015 Page 15

(1) An appropriate and cu rrent airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entranc e so that it is legible to passengers or crew.

Given the small size and configuration of the DV

- UAS , it would be impossible to keep

airworthiness documents and other aircraft manuals on board the DV

- UAS because there is simply no room and the DV

- UAS has n o cabin or cockpit. As a way to comply with the code Da

Vinci will maintain the documents with the PIC and make them available for inspection.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by D ean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent le vel of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

Da Vinci seeks an exemption from 14 C.F.R. § 91.103, whi ch 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 Da Vinci ’s Operations Manuals

and the Manufacturer's Manual. The PI C will perform a series of checklists designed to identify any defects or inoperable components in accordance with the Da Vinci ’s Operations Manuals, including checklists covering Pre

- Flight, Launch, Landing, and Post

- Flight procedures. The PIC

will also b e required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. Da

Vinci ’s Operations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

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

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S Department of Transportation

September 6 , 2015 Page 16

Da Vinci seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may o perate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." UASs and 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. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safet y

Given the size and speed of the UASs that Da Vinci intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Da Vinci ’s Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, as required by the Da Vinci ’s Operations Manuals, all flight training will be conducted

in controlled and sterile environm ent. As a whole, the safety procedures provided for in Da

Vinci ’s Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety than that provided by the flight instruction regulations.

J. 14 C.F.R. § 91.119(c ): Minimum Safe Altitudes

Da Vinci requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91. 119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surfa ce 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 pr operty on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed DV

- UAS operation will normally need to o c c ur below 400 feet AGL. In circumstances where the DV

- UAS is used to inspect a structure whose height exceeds 400 feet AGL, the DV

- UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the s tructure. Add i tionally, due the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the DV

- UAS

.

Equivalent Level of Safety

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

pr o posed herein, and given the lack of flammable fuel with the above noted UASs, any risk

assoc i ated with these operations is far less than those which presently exist with conventional

ai r craft. An equivalent level of safety will be achieve d given the size, weight, and speed of the

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA

- 2014

- 0534 at 15).U.S Department of Transportation

September 6 , 2015 Page 17

DV

- UAS , as well as the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspec t ing a U.S. s tructure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the DV

- UAS will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the DV

- UAS and any possible debris resulting from its failure. As required by the Operations Man uals, flights will be terminated if a nonparticipating person within 500 feet of the DV

- UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller timely has g ranted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and, operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in Da

Vinci ’s Operations Manuals will ensure operations can be conducted without compromising public safety. 16

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

Da Vinci seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitu de 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 UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Equi valent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or

below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): "If ba r riers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such protection. The o perator must also 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. When conside r ing ho w to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In add i tion, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the

ow n er/controller of any su ch vessels, vehicles or structures grants permission for the operation and the PIC makes a

saf e ty assessment of the risk of operating closer to those objects and determines that it does not present an undue

ha z ard."

17 If the height of the structure being i nspected exceeds 400 feet AGL, the UAS will not be ope r ated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S Department of Transportation

September 6 , 2015 Page 18

The DV

- UAS s that Da Vinci intends to use for the proposed operations will meet all these operational characteristics. Moreover, as required by Da Vinci ’s Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 Grants of Exemption, the DV

- UAS s Da Vinci intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level of safety or greater level will be achieved, and a Grant of Exemp tion to the requirements of § 191.121 is therefore appropriate

.

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

Da Vinci requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR

conditions. Section 91. 151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

– (1) During the day, to 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 battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not Da

Vinci ’s intention to fly the DV

- UAS at night.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemp tion No. 11112), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a DV

- UAS flight unless (considering wind and forecast weather conditions) t here was enough power to fly to the first intended point of landing and, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteries for the DV

- UAS provide approximately 50 minutes of powered flight (with payload) and provided battery level and battery time remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the DV

- UAS operating manual states: “start every flight with a fully charged battery in t he aerial vehicle”, and

that in the event that the DV

- UAS should run low on power, the PIC will be alerted and can safely land the

- DV

- UAS as soon as possible. Like the VDOS Grant of Exemption, Da Vinci ’s

use of the DV

- UAS , combined with the requirements o f Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded

.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditions), there was enough power to safely fly at

19

. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).U.S Department of Transportation

September 6 , 2015 Page 19

normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. Da Vinci will adhere to this limitation for its DV

- UAS flights.

The DV

- UAS includes a low battery warning system and the amount of battery reserve power remaining is continuously transmitte d to the PIC via telemetric data feed, which downlinks from

the DV

- UAS to a ground

- based

- on

- screen display. 20 As required by Da Vinci ’s Operations Manuals, the PIC will promptly fly the DV

- UAS back to the home launch location or pre

det ermined abort locati on where it may safely land, while still maintaining a minimum of 25% reserve battery power. Da Vinci submits that the procedures requiring flights to be safely terminated once the batteries fall below 25% capacity, combined with the requirement that fligh ts only be conducted within a secure, isolated area, using a UAS weighing less than 5 5 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to the public to that provide d by the regulations from which exemption is sought

.

VI. DRUG AND ALCOHOL PROGRAM

Da Vinci will have policies in place to ensure that no person may participate in DV

- UAS flight operations if they are under the influence of alcohol or any drug.

VII. PU BLIC INTEREST

The public interest will be served by granting Da Vinci ’s Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform

Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statu torily required rulemaking.

The proposed DV

- UAS operations in this Petition for Exemption significantly improve s the safety and reduce s risk of harm, physical injury and property damage to the public at large, the property owners from whom permission was granted for use by Petitioner and abutting properties, staff of Petitioner, unsuspecti n g passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity . Traditional methods of providing

surveillance and modeling services requires location personnel to climb towers

, trees, venture onto precarious roofs and other dangerous scenarios

, perform elevated work for which the

individual is neither trained n or equipped to perform , which exposes them to unnecessary risk of

serious physical injury from dangerous falls or other physical mishaps

. Moreover, inspectors/surv eyors are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifying s pecific

locations for potential recording sites to be used in the end product

. The use of small UASs can eliminate these hazards and ultimately creat e a much safer method of performing these types of inspections creating a safer environment for the public as well as Da Vinci employees.

20 . T he DV

- UAS ground control station displays, the UASs position, navigation route, tail number, altitude,

hea d ing, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and

orie n tation relative to the UAS.U.S Department of Transportation

September 6 , 2015 Page 20

The use of small UASs also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable

fue l, the UASs carry no passengers, crew or explosive fuel . Further more , in the unlikely event of an accident, Da Vinci ’s small battery powered DV

- UAS s presents significantly less danger to persons on the ground when compared to operations by conventional manned aircraft. 21 As

P etitioner's DV

- UAS s are battery powered, the public will also benefit from a reduction in

harmful petroleum based emissions associated with conventional aircraft performing in the same functions proposed herein. Air quality will naturally be improved with the reduction of fuel powered vehicles.

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UASs provide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater degree of flexibility, whi ch supplements the current capabilities offered by manned

aircraft. 22 The quality of the finished product is enhanced and provides a greater finished product demand which will aid the current UAS industry and provide additional jobs as the cost of providin g the needed product is greatly reduced while reducing the difficulty with which the finished product is created . The demand for the current industrial product is increasing and will continue to increase given the enhanced flexibility of production ; there fore, given the lower cost, owner/operators and others in the relevant industry will be more inclined to utilize the services of

commercial UAS along with a n appropriate licensed PIC’s

.

VIII. PRIVACY

All DV

- UAS operations will be conducted in accordanc e with applicable federal, state, and local laws regarding privacy. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission

from land owner/control ler or authorized representative will be obtained for each flight to be

conducted.

IX. 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 publica tion is needed: Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a ) ( 1); 91.409(a ) ( 1) & (2); 91.417 (a) & (b).

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): "Manned hel i copters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard

crewmembers , as necessary. The petitioner’s UAs will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be r e motely located from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonpartic ipating individuals or property in the event of an incident or acc i dent.

Risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming operation."

22 See e.g., Grant of Exemption No. 11178 to Pic ture Factory, Inc. (FAA

- 2014

- 0794 at 18).U.S Department of Transportation

September 6 , 2015 Page 21

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general public, property owners and city structures from the substantial hazards as sociated with performing equivalent film work and aerial video production with conventional fixed

- wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

Da Vinci ’s Petition for Exemption satisfies the criteria articulated in Section 333 of the Refor m Act of 2012 which includ es weight ; speed ; operating capabilities ; proximity to airports and populated areas ; operation within VLOS and national security. The proposed DV

- UAS operations will benefit the public as a whole by improving safety and reducing r isk by alleviating human exposure to danger while lowering the attendant related costs thereby increasing the demand for the finished product. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate justifica tion for granting the requested exemptions allowing Da Vinci to use small DV

- UAS s in the recorded production of its product.

(The following attached items contain proprietary and commercial information exempt from

disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachments: 1. General Operations Manual 2. PIC Operating Manual

3. Company Protocols

4. Location Protocols 5. Flight Communicat ions Protocols 6. Departing Location Protocols

7. Transmitter Protocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals