June 11, 2015

Exemption No. 11800 Regulatory Docket No. FAA

– 20 15

– 1020

Mr. John Irving

President Drone Surveys and Reports

2905 Destin Drive Denton, TX 76205

Dear Mr. Irving :

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 March 30, 2015 , you pe titioned the Federal Aviation Administration (FAA) on

behalf of Drone Surveys and Reports ( hereinafter petitioner or operator ) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography and survey

.

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

the regulations that the petitioner seeks an exemption

.

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

in the Federa l 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 are the DJI Phantom 2 Vision + and a DJI Inspire 1

.

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 in2

consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 33 3. 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 exemption 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 s afety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives th e FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

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

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

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

11213 also apply to the situation you pre sent; 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, Drone Surveys and Reports is granted an exemption

from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119( c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data

collection

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

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Drone Surveys and Reports 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

Vision + and the DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to

amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operat ing 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 observe r (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 ver bally 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 pe rform 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 do cuments. 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,4

the conditions and limitations herein take precedence and must be followed. 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

operat or’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension

or amendmen t to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration O ffice (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight crit ical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance , overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

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

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a po ssession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

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 operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structure s. 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, proficiency, and experience

- building) and determining the PIC’s abili ty 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

trai ni 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 oper ations 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 nau tical 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 denoted on the current

FAA

- published aeronautical chart, unless a le tter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upo n 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 beginning a flight unless (considering wind and forecast

weather co nditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be 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 operations that cannot be conducted under the terms of the attached COA

.6

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 (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

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

activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, v ehicles, 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 protectio n. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator t rainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

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

P ermission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

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

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

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) wi th 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 following:

a. Dates and times for all flights;

b. Name and phone number of the operator f or 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 involve d in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation

.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

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

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

EnclosuresDrone Surveys and Reports

March 30, 2015 Page 1 of 1 0 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, D.C. 20590

Re: Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the Federal Aviation Regulations, Seeking Exemption from : 14 C.F.R. Part 21 Subpart H; 14 C.F.R. § 21.191(a); 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.27; 14 C.F.R. §§ 61.113(a) and (b); 14 C.F.R. § 91.l 19(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. §§ 91.409(a)(l) and (2); 14 C.F.R. §§ 91.417(a) and (b).

THE AIRCRAFT

DRONE SURVEYS AND REPORTS specifically proposes to conduct aerial photography and survey for real estate and various industries with UASs including the DJI Phantom and Inspire series rotorcraft

.

Dear Sir or Madam:

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

DRONE SURVEYS AND REPORTS (the operator), John Irving (the applicant), planned operator of Small Unmanned Aircraft Systems ( UAS s) equipped to conduct aeri al photography and survey for real estate and various industries

, hereby applies for an exemption from Federal Aviation Regulations (FARs) to allow commercial operation of their UAS s, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

This requested exemption follows the language of exemptions Pursuant to Section 333 that have previously been approved by the FAA.

As described more fully below, the requested exemption would permit the operation of UASs by the applicant for commercial use that would provide the following benefits: 1. Operations would be performed in an area of operation limited in size suitable to the specific use, in advance of fligh t. 2. The flight would be planned in advance to minimize hazards to persons and property in the air and on the ground. 3. The operator would reasonably limit or control access to provide safety to those not involved in the operation. 4. Operation of a sUAS would provide significant safety, environmental and other enhancements not possible by larger sized aircraft.

5. An FAA licensed airman with a Private grade or higher pilot certificate would operate the

sUAS or a n FAA licensed airman with a Commercial grade or higher pilot certificate would directly supervise the operation (as per Exemption No. 11157)

. 6. Provide a beneficial and currently unavailable service to government organizations and the general public that would serve the public interest.Drone Surveys and Reports

March 30, 2015 Page 2 of 1 0 Appro val of this exemption would thereby enhance safety and fu lf il the Secretary of Transportation ’ s (the FAA Administrato r ’ s) responsibilities to “

... establish requirements for the safe operation of such aircraft systems in the national airspace system ” Secti on 333(c) of the

Reform Act.

It is possible to operate UAS s so to not create a hazard to users of the National Airspace System (NAS), the public or pose a threat to national security if done so safely and responsibly. The applicant has demonstrated their willingness to act safely and responsibly by not engaging in

commercial sUAS operations. The applicant currently holds a n FAA Airline Transport Pilot Certificate (ATP 1989977 ) Airplane Multi

- E ngine Land, and ATP Rotorcraft Helicopter and a current FAA Flight I nstructor Certificate (CFI ) (Airplane Single and Multi

- engine, Rotorcraft

Helicopter, Instrument) . This demonstrates that the applicant has a high regard to safe operations, as well as a necessary high

- level understanding of the NAS and FARs. The experience these two FAA certificates represent

, serves to add significantly to the level of safety in any operation performed by the applicant or the applicant ’ s employees.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes tha t the exemption requested herein apply to civil aircraft that have the

characteristics of sUAS and that operate with the limitations listed herein. These limitations provide for at least an equivalent or higher level of safety to operations under the curre nt regulatory structure as the proposed operations represent a safety enhancement to the already safe aerial commercial photography and survey operations conducted with conventional aircraft.

The UAS s planned to be operated are rotorcraft, each weighing 55 or fewer pounds including payload. They would operate, under normal conditions, at a speed of no more than 87 knots

. Operations will be performed by a qualified sUAS PIC , as outlined below, to insur e that the

sUAS will “ not create a hazard to users of the national airspace system or the public. ” Given the

small size of the UAS s involved and the pre

- planned environment within which they will operate, the applicant believes that these operations fall s quarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS s to commence immediately. Also, operation in a researched (to include applicable NOTAMs), pr e

- defined area will prevent the possibility of a national security issue. The operation of UAS s by knowledgeable professionals with experience in the NAS will serve to enhance safety, add to the public benefit and reduce environmental impacts related to cu rrent methods of aerial photography and survey.

Listed below are the limitations and conditions to which the operator, or it s employees, acting as

sUAS PIC agrees to be bound when conducting commercial operations under an FAA issued exemption:

1. Safety w ill be the first and foremost consideration in any sUAS operation.

2. The sUAS pilot will be an FAA licensed airman with at least a Private Pilot

certificate or the sUAS pilot will be directly supervised by an FAA licensed airman

with at least a Commercial Pilot certificate ( as per Exemption No. 11157)

. 3. The sUAS FAA licensed airman will be considered Pilot in Command ( PIC ), whether flying or supervising, and will be responsible for safe operation of the flight.Drone Surveys and Reports

March 30, 2015 Page 3 of 1 0 4. Flights will be operated within visual l ine of sight (VLOS) of the PIC and visual

observer (VO)

. 5. The sUAS will weigh less than 55 lbs total.

6. Flights will be operated in Class G airspace whenever possible. I f operation in other airspace is required, the relevant controlling agency will be notified at least 24 hours prior to the operation and, if required, any necessary permission

obtained.

7. Flights will be operated under visibility and cloud clearance requirements equivalent to Visual Flight Rules (VFR).

8. The sUAS will at all times give way to any aircraft carrying persons. 9. Minimum crew for each operation will consist of the sUAS PIC and visual observer (VO) . The observer and PIC will at all times be able to communicate by voice.

10. Prior to a sUAS flight, an area of operation will b e established. This area of operation will include a defined lateral and vertical area, where the sUAS will operate. Safety procedures will be established for persons, property and applicable airspace within the area of operation. 11. Flight planning will include flight completion with at least 20% battery power remaining as measured by the sUAS or appropriate timing.

12. The sUAS aircraft used will utilize GPS navigation, failsafe, return

- to

- home (RTH) and/or flight abort safety features. 13. A briefing wi ll be conducted in regard to the planned sUAS operations prior to operation at each new location. All personnel who will be performing duties within the boundaries of the area of operation will be present for this briefing. 14. All required permissions and permits will be obtained from appropriate state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

15. Written ( to include electronic, and/or oral ) permission from the relevant property

owners will be obtained prior to an operation.

1 6 . The sUAS pilot will be trained in advance for the safe operation of the sUAS to be operated. This training will include a minimum of 100 takeoff/landing cycles, 25 hours of

total time as a UAS rotorcraft pilot a nd at least 10 hours logged as a sUAS pilot with a

similar sUAS type. Prior to operations the PIC will have accumulated and logged a

minimum of 5 hours as sUAS pilot operating the make and model of sUAS as well as 3 takeoffs and landings in the proceeding 90 days. Specific training will include normal and emergency modes of operation and will include familiarization with the operation manual published by the sUAS manufacturer. Training will also include types of maneuvers to be performed during operations including safe operation in relation to persons, property and applicable airspace.

1 7 .The sUAS PIC will establish a working relationship with a representative at the local FSDO with which to annually review safety procedures and other operations to further enhance safety.

18. Prior to each flight, the PIC will inspect the sUAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the

sUAS , the sUAS will not be operated until the necessary ma intenance has been performed and the sUAS is found to be in a condition for safe flight. The Ground ControlDrone Surveys and Reports

March 30, 2015 Page 4 of 1 0 Station will be included in the preflight inspection. All maintenance and alterations will be properly documented in the aircraft records.

19. Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. The PIC who conducts the functional test flight will make an entry in the aircraft records.

20. The pre

- flight inspection section in the operating documents will account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the ope rating documents.

21. The operator will follow the sUAS manufacturer ’ s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

22. The operator will carry out its maintenance, inspections, and record keeping requi rements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts will be noted in the aircraft records, including total time in service, description of work accomplished, and

the signature of the authorized person returning the sUAS to service.

23. Each sUAS operated under this exemption will comply with all manufacturer Safety

Bulletins.

24. The authorized person will make an entry in the aircraft record of the corrective

action taken against discrepancies discovered between inspections.

It is the applicant ’ s belief that the size, speed, operating environment, limitations and level of applicant ’ s experience in the NAS outlined provides an “ equivalent level of safety ” or better when operating a sUAS for the public interest as outlined in Section 333

in the FAA Modernization and Reform Act of 2012. I t is requested that the FAA issue an exemption to permit safe, legal, commercial sUAS operation by the applicant as soon a s possible.

Sincerely,

John Irving , President ATP & CFI Airplane MEL, Rotorcraft Helicopter, Instrument

DRONE SURVEYS AND REPORTS

2905 Destin Dr. Denton, TX 76205

530

- 210

- 5798Drone Surveys and Reports

March 30, 2015 Page 5 of 1 0 Appendix A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

DRONE SURVEYS AND REPORTS , requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of UAS s:

14 CFR Part 21, Subpart H: Airworthiness Certificates This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for sUAS , we request an experimental certificate be issued for the UAS s operated by the applicant under either or both of the following provisions: 21 .191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating t echniques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental typ e certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys,

s ales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property and will only fly under strict operational requirements. Combined with the fact that any aircraft operated would be light weight and is constructed primarily out of plastic, we propose that a sUAS will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same function.

If an exp erimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the pr evious paragraph.

14 CFR 91.203(a) & (b) C ivil 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. ” A sUAS is too small to carry documentation, does not have an entrance, and is not capab le 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. In order to identify the aircraft, we propose the use of the

sUAS ’ unique manufacturers serial number, and a contact telephone number be mounted on the

sUAS on a placard of reasonable size in relation to the sUAS

. In the event that a unique manufacturers serial number is not available, the previously mentioned placard will be affixed to

the sUAS consisting of the model name and number of the sUAS , as well as a contact telephone

number.Drone Surveys and Reports

March 30, 2015 Page 6 of 1 0 14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each aircraft must display “ N ” and the aircraft ’ s registration number in letters at least 3 inches high. Additionally, the aircraft must display the word

“ EXPERIMENTAL ” in letters at least 2 inches h igh near the entrance to the cabin, cockpit, or pilot station. A sUAS 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. We propose to achieve an equivalent level of s afety by including the word “ EXPERIMENTAL ” on the top or side of the aircraft, in the form of a placard. The label will be of a size that will not overwhelm the aircraft, but will be reasonably readable to someone near the sUAS . The placard outlined in

the previous paragraph will provide sufficient identifiability should someone discover the aircraft on the ground.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. The intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft . We request an exemption to this requirement since the sUAS cannot carry such a manual, and if the sUAS did carry such manual, it would be unavailable to the crew for review. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, sUAS operation manual or equivalent be available the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight

tests

. The regulation p rovides that “ No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls. ” The controls for a sUAS do not currently have a set of fully functioning dual controls. If a sUAS pilo t is being trained, the pilot performing the training would be directly supervising and could take over the controls from the pilot in training if the need arose. This would be similar to the technique of a “ throw

- over type ” control wheel in some fixed win g aircraft. We feel that this technique meets the intent of 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General. The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of this sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operat ions will only be flown over property or persons where permission has been obtained, and careful pre

- planning has been performed. Further, sUAS aircraft operate at a very slow airspeed, and a low mass, and do not need as much

space to operate safely, as ou tlined in 91.119. We believe the slower speed, smaller mass and careful pre

- planning would provide an equivalent level of safety.

14 CFR 9l.l21Altimeter settings. The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles of the aircraft. The sUAS will always fly below 5 00

feet AGL , and in line of sight of the PIC and visual observ er (VO) . This line of sight operationDrone Surveys and Reports

March 30, 2015 Page 7 of 1 0 will provide separation from other aircraft, obstructions and terrain, and would override the use of an altimeter for such a purpose. We feel that this will provide an equivalent level of safety.

14 CFR 91.151 Fuel requirements for flight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 min utes. We feel the intention of this paragraph it to provide a reasonable reserve of energy to plan for a safe landing should there be a delay in landing. The close proximity to the ground station, the ability for both rotorcraft and small fixed wing aircra ft to land in a very small space and the built in energy level monitoring of the sUAS we feel provide an equivalent level of safety if the flight is planned to be completed with 20% battery energy remaining. We request an exemption to the word “ fuel ” and a sk for an equivalent interpretation

with the word “ energy ”

.

14 CFR Subpart E (91.401

- 91.4171

- Maintenance, Preventive Maintenance, and

Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in

an airwo rthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be “ approved for return to service by a person authorized under 43.7 ” after maintenance and inspection. I t is our intention that the PIC perfor m maintenance and inspection of the aircraft and “ be authorized to approve the aircraft for return to service. ” Prior to every flight, the PIC will inspect the aircraft to ensure that it is in an airworthy condition. Any general maintenance procedures or r eplacement of consumable items outlined by the sUAS manufacturer, if applicable, will be complied with by the PIC

. In no circumstance will a sUAS be operated in a condition that is deemed, or suspected to be, unsafe. If such a determination is reached, and the problem cannot be remedied to the satisfaction of the PIC , the sUAS will not be operated until consulting with the manufacturer or one of its authorized dealers to complete necessary repairs. We feel that due to th e size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

8900.227 Paragraph 16(c ) (4) PI C Medical. and Paragraph 16(e)( 1) Observer

Medical. This policy provides that both the PIC and observer must have a valid FAA second

- class me dical

certificate issued under P art 67 in order to perform as a pilot or observer. Requiring the crew to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We propo se that the minimum medical requirements for the PIC be a valid FAA third

- class medical certificate and for the visual observer (VO) be vision corrected to

20/ 20 and a valid, state

- issued driver ’ s license. The risk of both the PIC and observer becoming

inc apacitated at the same time and suddenly is very low. Further, since the sUAS is operating close to the ground, it could be brought in for landing in a very short time if incapacitation was suspected. Finally, the UAS s used will be equipped with an automatic return to home feature which would provide a final level of safety. We feel this would provide an equivalent level of safety.Drone Surveys and Reports

March 30, 2015 Page 8 of 1 0 FLIGHT RESTRICTIONS (a) No flight will be made with a sUAS Gross weight exceeding 55 pounds; (b) Most operations will occur in FAA Class G airspace at no more than 5 00 ’ AGL, at an airspeed of

no more than 87 knots and within visual line of sight (VLOS) of the PIC; (c) All operations will utilize a visual observer (VO). The VO and PIC will be able to communicate verbally at all times during a flight operation; (d) Operations will be restricted to flights over private property with the permission of the property

owner; (e) The PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a sUAS rotorcraft pilot and at least ten hours logged as a sUAS pilot with a similar sUAS type; 5 hours as sUAS pilot operating the make

and model of sUAS as well as 3 takeoffs and landings in the proceeding 90 days. (f) All required permits will be obtained from state and local government prior to operation; (g) The sUAS System will not be operated over densely populated areas; (h) The sUAS System will not be operated at air shows ; (i) The sUAS System will not be operated over any open

- air assembly of people; (j) The sUAS System will not be operated over heavily trafficked roads; (k) The sUAS System will not be operated within 5 NM of an airport or heliport unless the operator has a CoA with the airport operator and within 48 hours, but not more than 72 hours issues an appropriate NOTAM ; (l) Operations will be restricted to day only and weather conditions equivalent to VFR; (m) The PIC will brief the VO an d property owner about the operation and risk before the first flight at each new location; (n) No flight may be made without a successful Pre

- Flight Inspection by the PIC before each operation to ascertain that the sUAS is in a condition safe for flight.

PRE

- FLIGHT CHECKLIST (1) Determine that sUAS battery is fully charged in order to prevent unexpected premature descent; (2) Check all wiring connections are tight; (3) Check all propellers are undamaged and no cracks exist in any structural members of the sUAS ; (5) Turn on radio controller, check for adequate voltage, set it to connect to the sUAS , move all control switches the appropriate preflight position;
(6) Connect the sUAS main battery, check for radio contact with sUAS ’ s radio receiver;
(7 ) At a location different from previous flight, re

- set GPS and compass to current location; (8) Turn on transmitter, gimbal and camera.

OPERATING DOCUMENTS Petitioner submits its Operations Manual and Training Syllabus as Confidential documents under 14 C.F.R. § l l .35(b) as they contain proprietary information that Petitioner has not and will not share with others. The documents contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552.Drone Surveys and Reports

March 30, 2015 Page 9 of 1 0 The petition and the following supporting documentation are referred to as the operating

documents: 1) Training Syll abus including: Cautions, Warnings, Basic Flight Maneuvers, Advanced Flight Maneuvers as per the DJI Pilot Training Guide and Mission Specific Flight Maneuvers 2) Operations Manual including:

Phantom 2 Vision Plus User Manual: Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf Phantom 2 Vision Plus Pilot Training Guide: Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1_en.pdf Smart Flight Battery Safety Guidelines Smart_Flight_Battery_Safety_Guidelines.pdf

Inspire 1 User Manual Inspir e_1_User_Manual_v1.0_en.pdf Inspire 1 Maintenance Manual Inspire_1_Maintenance_ManualV1.0_en.pdf Inspire 1 Safety Guidelines Inspire_1_Safety_Guidelines_en.pdf Intelligent Flight Battery Safety Guidelines Intelligent_Flight_Battery_Safety_Guidelines_en.pdf 3) Forms including: Drone Surveys and Reports Flight Authorization form Drone Surveys and Reports Job Safety Assessment form Drone Surveys and Reports Preflight Briefing Sheet Drone Surveys and Reports Aircraft Flight Log And Maintenance Record

Drone Surv eys and Reports UAS Defect Sheet

Materials to be readily available to the PIC : Operations Manual including:

 Phantom 2 Vision Plus User Manual:

 Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf

 Phantom 2 Vision Plus Pilot Training Guide:

 Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1_en.pdf

 Smart Flight Battery Safety Guidelines

 Smart_Flight_Battery_Safety_Guidelines.pdf

 Inspire 1 User Manual

 Inspire_1_User_Manual_v1.0_en.pdf

 Inspire 1 Maintenance Manual

 Inspire_1_Maintenance_ManualV1.0_ en.pdf

 Inspire 1 Safety Guidelines

 Inspire_1_Safety_Guidelines_en.pdf

 Intelligent Flight Battery Safety Guidelines

 Intelligent_Flight_Battery_Safety_Guidelines_en.pdfDrone Surveys and Reports

March 30, 2015 Page 10 of 1 0  Sectional and TAC Aeronautical charts

 sUAS logbook and Defect Sheet(s)

 Personal pilot logbook

Petitioner submits its Operations Manual and Training Syllabus as Confidential documents under 14 C.F.R. § l l .35(b) as they contain proprietary information that Petitioner has not and will not share with others. The documents contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom

of Infor mation Act, 5 U.S.C. § 552.

CONCLUSION Satisfaction of the criteria provided in Section 333 of the FMRA regarding size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight,

and national s ecurity, provide more than adequate justification for the grant of the requested exemption allowing operation of Petitioner's sUAS for aerial photography and survey for real estate

and real estate and various industries pursuant to the Operations Manual.

Please do not hesitate to contact

John Irving captjohnirving@yahoo.com

530

- 210

- 5798

with any questions about this filing.

Sincerely,

John Irving

ATP CFI 1989977

CEO Drone Surveys and Reports

Attachment s : Drone Surveys and Reports Confidential Operations Manual

, Drone Surveys and Reports Training Syllabus

All relevant forms