September 2, 2015

Davey Bickford USA Inc.

Attn: Kameron Ray

1300 Pennsylvania St. Suite 210

Denver, CO 80203

+1 (505) 918

- 0444

kray@daveybickford.us

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Petition of Davey Bickford USA Inc. for Exemption Pursuant to Section 333 of the FAA Modernization
and Reform Act of 2012

To Whom It May Concern:

Section 333 grants the Secretary of Transportation the authority to authorize an exemption from certain Federal Aviation Regulations (FARs). This letter is a request for exemption from the FARs identified below by Davey Bickford USA Inc. The purpose of the exemption is to allow qualified Davey Bickford USA Inc. (now referred to as DBUSA) to perform commercial operations of small unmanned aerial systems (UAS).

Davey Bickford USA Inc. seeks to operate a DJI Phantom 3 Professional series UAS for the purpose of data capture , videography and photogrammetry at active mining

, quarrying , construction, and
d emolition operations.

The Pilot in Command (PIC) of UAS operations conducted under this exemption shall be a DBUSA employee who hold s either an airline transport, commercial, private, recreational, or sport pilot
certificate. The PIC will also hold a curr ent FAA airman medical certificate or valid US driver’s license.Further detail of the UAS type and operation guidelines , regulations from which DUBSA seeks an

exemption, and benefit of public interest are detailed below.



### Unmanned Aerial System Type and O peration DBUSA will fly the DJI Phantom 3 Professional. All operations will be within the parameters specified in the Phantom 3 Professional users’ manual (attached). The UAS shall be registered in accordance with 14 CFR part 47 and will have N

- Number mark ings as large as practicable. Maintenance and repair of the aircraft will be in accordance with the manufacturer’s recommendations (Manufacturer’s Safety Guidelines Attached). The UAS remote control operates between 2. 400 GHz and 2.483 GHz and b oth the
UAS and the controller comply with part 15 of the FCC rules.

All UAS operations will be conducted during daytime visual flight rules (VFR) and in visual meteorological conditions (VMC). Operations will not take place outside of the specified operating tempera ture range specified in the UAS manual. Operations will not take place if wind speed is above that in which the UAS is designed to fly. Operations will be limited to areas greater than 5 nautical miles from an airport reference point (ARP) as denoted in th e most recent FAA Airport Facility Directory (AFD).

Prior to launch, the PIC will perform a pre

- flight check of the UAS. These checks include but are not
limited to :

 Ensure remo te control, flight battery, and flight tablet are fully charged

 Propellers are in good condition, properly and securely mounted

 UAS is free of visible damage and appears to be structurally sound to fly

 UAS registration numbers are clearly visible

 Compass is calibrated

 Motors start and function normally

 Compass is calibrated

 DJI GO a pp is successfully connected to the UAS.

Should any of the items in the check list be out of place, the PIC must correct the issue before commencing operations. If the issue is not correctable, the UAS may not fly.

The UAS will be operated by two individua ls: one Pilot in Command (PIC) and one Visual Observer (VO). The PIC will be in charge of all flight operations and must keep a visual line of site (VLOS) with the UAS and the VO. The PIC will always be a DBUSA employee and be qualified as outlined in the opening of this request . The Visual Observer will also remain within VLOS of the UAS. The purpose of the VO is to provide redundant visual contact with the UAS. The VO shall be designated by the PIC at the time of UAS operation. The PIC and the VO are strictly prohibited from using mobile electronic devices

, except for
the mine radio , that aren’t directly necessary for the operation of the UAS

. Text messaging and cellular telephone use is strictly prohibited. The VO may use the mine radi o to communicate with mine operations. The PIC and VO will be on stationary ground, outside of any vehicles, buildings, or overhangs which might restrict a 360 degree field of vision.

The UAS launch and retrieval site must be located in an area where the PIC and VO will be safe before, during, and after flight

. At the launch and retrieval site, the following documents shall be readily available to the PIC and to any requesting authority: UAS operation manual, FAA 333 Exemption Letter,UAS FCC Compliance Do cuments, and PIC airman certificate and medic al certificate and/or valid US

D rivers ’ License.

During flight operations , the flight area will be cleared of all personnel. The UAS will not fly until there is a path from the launch and retrieval area to the area where the UAS will operate that is free of any personnel . The UAS will return to the launch and retrieval site before the area is cleared for personnel to

re

- enter. The PIC will be responsible to ensure that all personnel are aware of this restriction and the VO
will communicate with mine personnel via mine radio when the UAS has completed its flight.



### Requested Exemptions In Table 1 below, DBUSA lists regulations it seeks exemption from and provides justification for those exemptions.

FAR SUBJECT JU STIFICATION 14 CFR 21(H) Airworthiness Certification Not applicable to UAS under 55 lbs 14 CFR 61.113(A) Private Pilot for compensation Any airman certificate mentioned above provides sufficient knowledge for non

passenger UAS operation
14 CFR 91.105 (2) Crew member station safety

belts Crewmember safety belts not applicable for UAS operation.
14 CFR 91.109 (A) Dual Controls for Flight

Instruction Flight instruction needs are minimal. If control takeover is required, remote and/or tablet can be easily passed to instructor. 14 CFR 91.119(C) Minimum Safe Altitudes To provide adequate separation from manned aircraft, UAS operation should operate at lower altitudes.
14 CFR 91.121 Altimeter Settings UAS does not have an altimeter which may be set to local altimeter setting
14 CFR 91.151 Fuel requirements Not applicable for close proximity, light UAS operation.
14 CFR 91.405 Aircraft Maintenance Maintenance of UAS in accordance with operator manual is sufficient for un

- manned operation
14 CFR 91.407 Operation After Maintenance Not necessary for safe UAS operation.
14 CFR 91.409 Annual Inspection Inspections and necessary maintenance can be performed by PIC based on UAS manufacturer operations manual.
14 CFR 91.417 Maintenance Records Maintenance records not necessary for safe UAS operation. Operator will follow manufacturer’s maintenance recommendations.



### Privacy All flights will occur over controlled access of private property with prior prop erty owners consent. Consent will be secured in any situation where privacy could become a concern

.

### Public Interest/Safety

T he environmental impacts of mining operations, including NOx emissions, vibration, and unintended flyrock

, are a potential hazard s to the public . DBUSA engineers are committed to continuing to work to improve practices to limit, reduce, or eliminate unnecessary environmental side

- effects of mining to decrease public impact. Collecting data captured from the vantage point of a UAS can help expand upon the industry knowledge of how to reduce the impact on the public from mine operations.

UAS flights conducted by DBUSA for commercial purposes will be in areas where mining, quarrying,
construction or demolition is taking place. By defini tion, these areas are closed to the public for safety purposes. Therefore, the operation of a UAS will not place the public on the ground of any danger should the system malfunction. The unit operates below the 500 foot minimum safe operating altitude of g eneral aviation aircraft, so no danger exists to the public who may be flying in the vicinity of DBUSA’s UAS operations.

Respectfully Submitted,

Kameron Ray