RE: Dewmas Holdings sUAS Airworthiness Exemption Petition for FMRA Sec 333 Exemption

Dewmas Holdings, Inc. (‘Dewmas Holdings’) hereby petitions the FAA for regulatory relief pursuant

to Section 333 of P.L 112–95 333 and 14 C.F.R. Sec. 11.81 to conduct flights with commercially

available sUAS and to pursue research and development of sUAS software within defined areas of

operations in the national airspace (NAS). Attached, therefore, is a request for exemption from

airworthiness and specific Title 14 C.F.R. sections for the types of sUAS and sUAS operations

described in this Section 333 exemption petition.

Dewmas Holdings develops software platforms and provides operational infrastructure dedicated

to flight systems, fleet management systems, and operations processes for the safe deployment of

sUAS in the NAS. This petition seeks authorization to operate sUAS described in this petition for

those purposes. Generally, Dewmas Holdings sUAS operations will be below an altitude of 400 ft.

AGL, within specific access-restricted areas, within Class G airspace, with the permission of the

flight service station, using sUAVs operated by experienced sUAS pilots, and within visual line of

sight of the operator or observer. The UAVs contemplated in this proposal are of small size and

weight (less than 55 lb.), capable of relatively slow speeds (top speed of a UAV to be deployed

under this petition is less than 50 kt.) and, as demonstrated in this petition, do not pose a threat to

the safety of the NAS, persons on the ground, or national security. This exemption seeks

authorization to conduct commercial and R&D flights according to the terms of this petition.

Why we require an exemption

Commercial Operation

An exemption is required because current FAA regulations do not allow for the commercial use of

sUAS lacking airworthiness certificates in the NAS. Dewmas Holdings requests an airworthiness

exemption for the specific types of sUAS described in this petition to carry both active payloads

including sensor packages, e.g. film and video equipment, and light-weight inert payloads (e.g.

antibiotics, or other medical supplies, documents, etc.), under the conditions and operating

limitations outlined below.

Research and Development

Dewmas Holdings develops operational, navigational, and fleet management software for

commercial sUAS so that they may fly safely and predictably in the NAS. In order to develop and

test the software for these sUAS under the variety of operational conditions a sUAS will face in the

NAS, it is necessary to test various sUAS and sUAS configurations, operating systems, and

management systems in different environments. FAA Order 8130.34C for a Special Airworthiness

Certificate: Experimental Category does not authorize the necessary variable aircraft characteristics

and systems to meaningfully test the responsiveness of these sUAS to the capricious influences

affecting the NAS.

Therefore, to gain the meaningful data about sUAS features necessary for developing a program for

safe and efficient sUAS operations, an exemption is required that authorizes R & D: 1) across a

range of sUAS makes, models and prototypes, 2) in a variety of locations (subject to the restrictions

outlined in this petition), and 3) for iterating on the systems and airframes on an ongoing basis.

Without this exemption the regulatory requirements for a Special Airworthiness Certificate,

Experimental Category (SAC-EC) are overly burdensome because they forbid the necessary R & D,

i.e. rapid iterations on prototypes. Finally, as the FAA is well aware, the SAC-EC does not authorize

commercial operations of the type described above; which are required for Dewmas Holdings

research and development.
The types of sUAS for which Dewmas Holdings requests exemptions

Dewmas Holdings is developing software for a class of sUAS that are designated “Low-Energy small

Unmanned Aerial Vehicles” (“LE sUAS”). These LE sUAS are approximately equivalent to the Air

Force designated “Micro UAS” class of UAS. Specifically, LE sUAS are those sUAS which are small ( <

2 meter in largest dimension), light-weight (_ 55 lb. or less ), slow-moving (_50 kt.) and operate

close to the ground (< 400 ft. AGL). We believe that these LE sUAS and associated Dewmas Holdings

operation and management systems meet the standard provided by Section 333 of the FMRA for a

UAS to operate safely within the National Airspace prior to the completion of FMRA’s required rulemaking.

Section 333 describes seven minimum criteria to determine whether an sUAS may operate safely in

the NAS without creating a hazard or posing a threat to national security. These criteria comprise

size, weight, speed, operational capability, operation in close proximity to airports, operation in

close proximity to people, and operation within visual line of sight. Dewmas Holdings’ proposed LE

sUAS are of a type and scale that meet these criteria and that are equivalent to those for which FAA

has recently granted Sec 333 exemptions and, similarly, are not anticipated to create a hazard to

users of the National Airspace System (“NAS”), persons on the ground, or pose a threat to national

security. Basic characteristics of the Dewmas Holdings proposal are summarized below.

Table 1: Section 333 Determinants and LE sUAS

Criterion Dewmas Holdings LE sUAS and Operations

1. Size Under 2m largest dimension

2. Weight Less than 55 lb. maximum takeoff weight

3. Speed Velocity not to exceed 50 kt. or 25.7 m/s.

4. Operational Capability Day VFR, with _30 minutes of flight time.

5. Operation of the UAS in close proximity to airports At least 5 miles from airports or with explicit ATC

approval.

6. Operation in close proximity to populated areas Operated over property with consent of owner.

Exclusion of non-participants from area of

operations.

7. Operation in visual line of sight. Operated with direct visual contact by PIC or Observer.

Comparison to Ultralight Aircraft

14 CFR Part 103 “Ultralight Vehicles” describes the applicability, inspection requirements, waivers,

certification and registration requirements, as well as operating rules, for another class of aircraft

that are the closest comparable aircraft to sUAS currently in the NAS. Ultralights are defined, in

part, as a single-occupant manned aircraft that weigh less than 254 lb. empty weight, carries no

more than 5 gallons (_41 lb.) of fuel, and has a maximum speed of 55 kt. The FAA has determined

that these aircraft require no airworthiness certificate or inspection; that ultralight pilots require

no pilot certifications nor medical certification, despite flying in the NAS; and that ultralights are

not required to be registered or to bear markings or any kind. In addition, the operational rules in

103 Subpart B are equivalent to, or even less stringent than, those that Dewmas Holdings is

proposing for our LE sUAS operations. Please see Ultralight and LE sUAS Comparison (Table 2)

below.

A risk-based approach to determining LE sUAS safety, as outlined in the FMRA 2012 Section 333,

clearly indicates that the Dewmas Holdings LE sUAS are less hazardous than some existing aircraft

in the NAS.

Table 2: Ultralight and LE sUAS Comparison
Item Ultralight Rules Dewmas Holding LE sUAS Rules

Pilot No certification required Dewmas Holdings operator

Qualification and Currency

Weight 294 lb. (including fuel) + pilot 55 lb.

Speed 55 kt. 55 kt.

Registration No registration Registration with AIR–200

Airworthiness No requirement for certification. Airworthy according to manufacturer

standards and Dewmas Holdings

technicians.

Operating

Rules

Airspace Class B,C, and D, with ATC

approval. Class E and G.

Class B,C, and D with ATC approval.

Class G.

Altitude limits None Below 400 ft. AGL

Daylight Day VFR Day VFR

Populated areas Not over congested areas. Not over congested areas.

Reliability, Safety and Operation of LE sUAS:

Operations in Class G airspace below 400 ft AGL 5 Miles or More From an Airport

The region of operations for LE sUAS is below 400 ft AGL, in Class G airspace and 5 miles or more

from an airport or otherwise in coordination with the FSDO and ATC. The airspace used will be

wholly with the underlying property owner’s written consent. Aircraft separation will be

accomplished by flying under VFR rules during the day with an experienced pilot and an observer.

Operations in controlled Airspace (B, C, D), Below 400 Ft. AGL

This region of operation of LE sUAS is below 400 ft AGL, in Class B, C, and D airspace. Two-way

communication with ATC will be established before operations commence or before the sUAS

enters controlled airspace. These operations will be wholly with the underlying property owner’s

written consent. Aircraft separation will be accomplished by flying under VFR rules during the day

with an experienced pilot and an observer

14 CFR Sec. 91.113 Right of Way, See and Avoid Requirements

Mitigation for reduced “See and Avoid” capability is that all proposed operations under this petition

are at 400 AGL and below. In this near-surface airspace, the only other legally operating aircraft are

other approved UAVs or those operating with a special use certificate (Life Flight, fire watch

contractors etc.) Further risk mitigations include a PIC will be monitoring all UAS operations, and a

visual observer will be employed for all UAV flight operations to avoid aerial conflicts. Further, the

proposed UAVs will fly only within visual line-of-sight of the PIC and an observer, under VFR

conditions, and during daylight hours. We believe that types of LE sUAS and operations together

with the protocols and characteristics outlined in this petition maintain the current high level of

safety in the NAS.

Pilot Requirements

 Have flown and logged a minimum of 25 hours of total time as a sUAS pilot for a given

category of sUAS (rotorcraft or fixed-wing) and at least 10 hours logged as a sUAS pilot with

a similar UAS type (single blade or multi-rotor).

 Have flown and logged a minimum of five hours as UAS pilot as well as three take-offs and

landings in the preceding 90 days.

Documentation for pilot and observer qualification and currency will be maintained and available

upon the FAA’s request.

Information Supporting this Petition as Specified in 14 C.F.R. Sec. 11.81

This section responds to the specific requirements of 14 CFR Sec 11.81.
(a) Mailing address and other contact information such as a fax number, telephone

number, or email address copy.

Dewmas Holdings, Inc.

ATTN: Nori Yoshida

86 Idora Avenue

San Francisco, CA 94117

Email: nori@dewmas.com

(b) The specific section or sections of 14 C.F.R. from which Dewmas Holdings seeks an

exemption

§ 91.203 Airworthiness certificates

§ 47.16 Temporary registration numbers

§ 91.121 Altimeter settings

§ 91.203(a) Airworthiness certificate with registration number (within the aircraft)

§ 91.203(b) Display of airworthiness certificate

§ 91.9(b,c) Manual, marking, and placards

Part 43 Inspection and maintenance programs;

§91.405 Maintenance required;

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration;

§91.409 Inspections;

§91.417 Maintenance records

Part 45 Registration and marking special rules

Part 21 ( Subpart H) Airworthiness certificate; Experimental certificate - general

§61 Requirements for certification of instructors for crew training

§91.119 Minimum safe altitudes: General

§91.413 ATC transponder tests and inspections

§91.215 ATC transponder and altitude reporting equipment and use

§67 Medical standards and certification

§91.109 Flight instruction; Simulated instrument flight and certain flight tests

§91.151 Fuel requirements for flight in VFR conditions

(c) The extent of relief Dewmas Holdings seeks, and the reason Dewmas Holdings seeks the

relief

A Section 333 exemption is required because current FAA regulations do not allow commercial use

of sUAS in the NAS, or for appropriate research and development of sUAS. Dewmas Holdings

requests an airworthiness exemption for the specific types of sUAS described in this petition to

carry inactive and active payloads, e.g. sensor packages for commercial applications such as

videography and precision agriculture and light-weight inert packages. Dewmas Holdings is

developing sUAS software, including operational, navigational, and management software for small

commercial UAVs, so that sUAV may fly safely and predictably in the NAS. In order to develop and

test these sUAS under the variety of operational conditions that a sUAS will face in the NAS, it is

necessary to test variations on aircraft characteristics, operating systems, and management

systems in different environments. FAA regulations in FAA Order 8130.34C for a Special

Airworthiness Certificate: Experimental Category do not authorize the necessary rapid

modifications of aircraft characteristics and associated systems to test these sUAS.

Therefore, to gain meaningful data about the necessary features for safe and efficient sUAS

operations, an exemption is necessary : 1) to operate a range of sUAS makes, models and
prototypes, 2) in a variety of locations (subject to the restrictions outlined in this petition), 3) to be

permitted to adjust the systems and airframes tested on an ongoing basis, and 4) for both research

and commercial use. Finally, as the FAA is well aware, the exemption is necessary because the SACEC does not authorize commercial operations of the type sought here, which is required for

Dewmas Holdings to develop accurate data about the types of sUAS that are best suited for safe

operations in the various conditions affecting the NAS.

(d) The reasons why granting Dewmas Holdings’s request would be in the public interest;

that is, how it would benefit the public as a whole

The proposal is designed to establish a reasonable methodology to test specific types and platforms

of sUAS, in a variety of environments and to enable the safe and efficient deployment of commercial

sUAS. The outputs of safe, reliable, and regulatory compliant operations of sUAS provide economic

benefits historically unparalleled since the invention of flight, benefitting stakeholders at every

level, both public and private. Lawful, safe aerial robotics operations will create new high-tech

employment that will stimulate city and state governments; create new small and large businesses;

infuse new interest in STEM for children; and increase the safety of citizens through enhanced first

responder capabilities. Grant of this petition would enable the research and operational

development of necessary industry infrastructure to enable the safe and efficient acceleration of

these significant public benefits to the United States public.

(e) 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 provided by the rule from

which Dewmas Holdings seeks the exemption

Dewmas Holdings operations will provide a level of safety that is equivalent to current aviation

standards.

In brief, the following procedures that apply during operations conducted under this exemption

request, establish an equivalent level of safety (ELOS) as follows:

1. The Dewmas Holdings LE sUAS are less than 55 pounds and are battery powered.

2. All Dewmas Holdings LE sUAS will be U.S. registered and display marks either in accordance

with 14 C.F.R. Part 45, Subpart C or approved alternative markings.

3. Dewmas Holdings sUAS operations under this exemption will be conducted within the

visual line of sight of the pilot operator or least one observer, at less than 400 feet AGL, in

coordination with the FSDO, within Class G airspace and with the permission of the flight

standards service station or other local authority, as applicable. Operations in controlled B,

C, or D airspace will be conducted in coordination with FSDO and ATC with prior

permission.

4. Dewmas Holdings operations will be conducted in defined regions and over property

authorized for this use by the landowner. Consistent with the recently issued Section 333

Exemption No. 11062 (Astraeus Aerial), the area of operations will be submitted for

approval to the local FSDO and will be subject to any restrictions or conditions imposed by

the FSDO. Class G airspace operations will also be subject to the express written approval of

the Flight Service Station. All operations will remain within the geographic boundaries of

the operating area.