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June 17,2015 

U.S. Department ofTranspo~tion 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Darkhorse Geospatial, LLC 

13.5 Dean Street 

Annapolis, MD 21401 

Emmy Harbo: 443-534-9940 

emmy@dhgeo.com 

Subject: Exemption Request for Darkhorse Geospatial, LLC. Under Section 333 of the 

FAA Modernization and Reform Act of2012 (FMRA) 

Dear Sir or Madam, 

Dark:horse Geospatial, LLC (DH Geo) requests exemptions from several provisions of the 

Federal Aviation Regulations (FAR) in accordance with Section 3 3 3 of the FAA 

Modernization and Reform Act of 2012. DH Geo seeks these exemptions in order to 

safely operate small lightweight Dn unmanned aircraft systems (UASs) (detailed below) 

for commercially (private property mapping and surveys) in airspace regulated by the 

Federal Aviation Administration (FAA). The exemptions DH Geo is requesting are Part 

21; §§ 45.23(b); 61.113(a) and (b); 61.133(a); 91.7(a); 91.9(b)(2); 91.109(a); 91.119; 

91.15l(a); 91.203(a) and (b); 91.319(a)(l); 91.405(a); 91.407(a)(l); 91.409(a)(2); and 

91.417(a) ofTitle 14, Code ofFederal Regulations (14 CFRpart 11). The exemption 

would allow operation of unmanned aircraft systems (UAS) for the purpose of aerial 

surveys. 

The requested exemption would support an application for a commercial Certificate of 

Authorization to use the system to support private property mapping and surveys: 

• Marketing/ Advertising 

• Land Development 

• Insurance Claims 

• Forestry/Agriculture 

1~.5 Dean Street Annapolis 21401 • Phone: 44~534-9940 emmy@dhgeo.com www.darkhorsegeospatial.com 
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• Golf Course Planning 

• Construction 

• Real Estate 

·Inspections 

• Land Appraisal 

• Wildlife Management 

• Resort/Recreation 

• Vineyard and Winery 

The Dll UAS systems consist of lightweight battery operated aircrafts, an integrated state 

of the art ground station system and communications equipment. The aircrafts carry an 

onboard high resolution camera (with fust person view) that allows us to conduct 

precision aerial photography and video. This technology assists Pilots in Command (PIC) 

in providing the upmost safety procedures and the public will benefit from these services. 

DH Geo services will help the commercial industry and not bring harm to any person in 

the air or on the ground. The aircrafts of DH Geo will be operated in the field of view 

with both a PIC and a ground-based Visual Observer (VO) in accordance with FAA 

Policy N 8900.227 Section 14 "Operational Requirements for UAS" with the following 

additional restrictions: 

• All operations will occur in Class G airspace (below 400' Above Ground Level 

(AGL)) 

• Operations will be operated over private property, commercial property, or 

property (not federal or state) with permission of the land owner 

• The aircraft will not operate within 5 NM of any airport or heliport (unless wellcoordinated with the FAA and aiiport!heliport (detailed flight plans)) 

• Operations will be limited to day, visual meteorological conditions 

• Aircraft will remain within Visual Line of Sight at no greater than Y2 NM of the 

PIC at all times 

• While the aircraft is airborne, the VO will be positioned within voice distance to 

PIC 

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The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 

16 Personnel Qualifications. Additionally, the PIC and VO will perform maintenance on 

the sys~em and will complete all necessary maintenance set forth by the FAA or 

manufacturer. We submit that the combination of the aircrafts light weight, historically 

demonstrated flight performance, fully qualified flight crew and strict operation under the 

guidelines established in 8900.227, the FAA can have confidence that the operation will 

have an equivalent or greater level of safety of manned aircraft performing similar 

operations. DH Geo is dedicated to safety and believes the company will not bring any 

harm to the public (air or ground). 

DH Geo proposes to operate the on UAS Phantom 2 Vision+. The petitioner states that 

given the size, weight, speed, and limited operating area associated with the aircraft to be 

utilized by the applicant, an exemption from 14 CFR part 21, Subpart H (Airworthiness 

Certificates), subject to certain conditions and limitations, is warranted and meets the 

requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of 

P.L. 112-95 {Section 333). The petitioner further states that UAS operated without an 

airworthiness certificate in the limited environment and under the conditions and 

limitations proposed by the petitioner will be at least as safe, or safer, than a conventional 

aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate issued under 

14 CFR part 21, Subpart H and not subject to the proposed conditions and limitations. 

The petitioner states that the unmanned aircraft (UA) to be operated under this request is 

a rotary-wing aircraft, weighing 2.5lbs fully loaded, flies at a maximum speed of29 

knots, carries neither a pilot nor passenger, carries no flammable fuels (completely 

battery powered), and operates exclusively within a pre-disclosed area. Operations under 

this exemption will be tightly controlled and monitored by both the operator, spotter, and 

will adhere to local public safety requirements. 

Darkhorse Geo has a total of 1 aircraft listed in this exemption. A link to the User Manual 

can be found here: http://download.djiinnovations.com/downloads/phantom 2 vision plus/en/Phantom 2 Vision Plus User 

Manual vl.l.l en. pdf (the manual is also attached to this request) 

Phantom 2 Vision+ (2): Serial Number: PH645419425 

UAVSpecs: 

• Weight: 2. 7 pounds Max 

• Speed: 29 knots 

• Fight Time: 25 mins 

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• Battery: 3S LiPo, 5200mAh, 11.1 V 

• Operating Frequency: 5.728 GHz-5.85 GHz 

• First Person View: Yes 

Additional Safety Features for all the DJI UASs: 

• The Phantom will enter Failsafe mode when its connection to the Remote control is 

lost. The Flight Control System will automatically control the aircraft to return home 

and land to prevent injury or damage. 

The Failsafe activates when: 

);> The Remote Control is powered off in flight 

};;> The aircraft has flown out of range 

};;> The signal between the Remote Control and the Phantom has been blocked 

>- There is interference causing a signal problem with the Remote Control 

};;> The battery is at 10% battery life 

• Maximum Altitude is set at 400 feet for all DJI aircrafts 

• All airports are loaded into the flight controllers and the aircraft will not fly within 5 

nautical miles of any airport 

• All aircraft are equipped with GPS enabled systems UAS PIC 

The petitioner asserts that operators of the DJI should not be required to hold a 

commercial or private pilot certification. The petitioner notes that unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the DJI UASs are remotely controlled 

with no passengers or property of others on board. The petitioner proposes that operator 

requirements should take into account the characteristics of the particular UAS. The 

petitioner states that the D.TI UASs have high degree of pre-programmed control and 

various built-in technical capabilities that strictly limit the potential for operation outside 

of the operating conditions set forth in its petition for exemption. 

DH Geo will not allow the PIC to fly any aircraft without at least 40 hours of training 

flight time with the exact aircraft used for the business. The company has several private 

testing areas that are in remote locations with no vertical obstructions. This allows the 

PICs for DH Geo to test all the systems and understand fail safe features to the fullest 

extent before conducting business with the UAS. 

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Lead l'ICs and VOs for DH Geo: 

Emmy Harbo, Principal/Lead Pilot in Control- 443-534-9940 

Maureen Fallon, Principal/Lead Visual Observer - 443-629-7674 

DH Geo's PICs are well versed in all the safety features on the DJI aircrafts. They have 

spent countless hours perfecting the pre-flight, flight, and post flight procedures. DH 

Geo's PICs can perform all necessary maintenance on the DJI aircrafts and if for some 

reason they are not able to fix aircraft to safety specifications, then they will seek 

assistance from the manufacturer. Any operation under the exemption would be 

conducted in accordance with the strict parameters ofthe FAA and the Phantom 2 Vision 

+ Dn Flight Operational Manual. (Attached to the request) 

The name and contact information of the applicant: 

Darkhorse Oeospatial, LLC 

13.5 Dean Street 

Annapolis, MD 21401 

Emmy Harbo: 443-534-9940 

Darkhorse Geospatial, LLC is prepared to modify or amend any part of this request to 

satisfy the need for an equivalent level of safety. We look forward to working with your 

office. Please contact us any time if you require additional information or clarification. 

Sincerely, 

Emmy Harbo, Owner 

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The petitioner requests relief from the following regulation in 14 CFR Part 21 : 

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing 

design approvals, productions approvals, airworthiness certificates and airworthiness 

approvals. 

Section 45 .23(b) prescribes, in pertinent part, that when marks include only the Roman 

capital letter "N" and the registration number is displayed on limited, restricted or lightsport category aircraft or experimental or provisionally certificated aircraft, the operator 

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," I" experimental," or "provisional," as applicable. 

Section 61.113(a) and (b) prescribe that-

(a) no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft. 

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Section 61.133(a) prescribes, in pertinent part, that a person who holds a commercial 

pilot certificate may act as pilot in command of an aircraft: (i) Carrying persons or 

property for compensation or hire, provided the person is qualified in accordance with 

this part and with the applicable parts of this chapter that apply to the operation; and (ii) 

For compensation or hire, provided the person is qualified in accordance with this part 

and with the applicable parts of this chapter that apply to the operation. 

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Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an 

airworthy condition. Section 91. 7(b) prescribes that the pilot in command of a civil 

aircraft is responsible for determining whether that aircraft is in condition for safe flight. 

The pilot in command shall discontinue the flight when unairworthy mechanical, 

electrical, or structural conditions occur. 

Section 91.9(b)(2) prohibits operation ofU.S.-registered civil aircraft unless there is 

available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. 

Section 91.109(a) prescribes, in pertinent part, that no person may operate a civil aircraft 

(except a manned free balloon) that is being used for flight instruction unless that aircraft 

has fully functioning dual controls. 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit ails, an emergency landing without 

undue hazard to persons or property on the surface. 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over 

any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle 

within a horizontal radius of2,000 feet of the aircraft. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface-

( 1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) 

or (c) of this section, provided each person operating the helicopter complies with any 

routes or altitudes specificaliy prescribed for helicopters by the FAA; and 

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(2) A powered parachute or weight-shift-control aircraft may be operated at less than the 

minimums prescribed in paragraph (c) of this section. 

Section 91.151 (a) prescribes that no person may begin a flight in an airplane under visual 

flight rules (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 [emphasis 

added). 

Secti,on 91.203(a) prescribes, in pertinent part, that no person operate a civil aircraft 

unless it has within it ( 1) an appropriate and current airworthiness certificate; and (2) an 

effective U.S. registration certificate issued to its owner or, for operation within the 

United States, the second copy of the Aircraft registration Application as provided for in 

§ 47.3l(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft 

unless the airworthiness certificate or a special flight authoriZation issued under § 91 .715 

is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

Section 91.319( a)(l ), Aircraft having experimental certificates: Operating limitations, 

prescribes in pertinent part that no person may operate an aircraft that as an experimental 

certificate for other than the purpose for which the certificate was issued. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have 

that aircraft inspected as prescribed in subpart E of the same part and shall, between 

required inspections, except as provided in paragraph (c) of the same section, have 

discrepancies repaired as prescribed in part 43 of the chapter. 

Section 91.407(a)(l) prohibits, in pertinent part, any person from operating an aircraft 

that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless 

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it has been approved for return to service by a person authorized under§ 43.7 of the same 

chapter. 

Section 91.409(a)(2) prescribes that no person may operate any aircraft unless, within the 

preceding 12 calendar months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter. 

Section 91.417(a) prescribes, in pertinent part, that-

( a) Each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of 

the 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. The records must include-

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and 

(ii) The date of completion of the work performed; and (iii) the signature, and certificate 

number of the person approving the aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance. · 

(iii) The time since last overhaul of all items installed on the aircraft which are required 

to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its appliances 

are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, the AD or safety directive number and 

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revision date. If the AD or safety directive involves recurritig action, the time and date 

when the next action is required. 

(vi) Copies of the forms prescribed by§ 43.9(d) of this chapter for each major alteration 

to the airframe and currently installed engines, rotors, propellers, and appliances. 

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