# jarkhorse geospatia l

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 ofthe FAA Modernization and Reform Act of2012 (FMRA) Dear Siror Madam, Dark:horse Geospatial, LLC (DH Geo) requests exemptions from several provisions ofthe Federal Aviation Regulations (FAR) inaccordance with Section 3 3 3 ofthe FAA Modernization and Reform Act of2012. 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 bythe 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 ofunmanned aircraft systems (UAS) for the purpose ofaerial 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 StreetAnnapolis 21401 • Phone:

**44~534-9940** emmy@dhgeo.com www.darkhorsegeospatial.com

## darkhorse geospatia l

• GolfCourse Planning
• Construction
• Real Estate ·Inspections
• Land Appraisal
• Wildlife Management
• Resort/Recreation
• Vineyard andWinery The 

### Dll UAS systems consist oflightweight battery operated aircrafts, an integrated state ofthe art ground station system and communications equipment. The aircrafts carry an onboard highresolution camera (with fust person view) that allows us to conduct precision aerial photography and video. Thistechnology assists Pilots in Command (PIC) in providing the upmost safety procedures and the public will benefitfrom these services. DH Geo services will help the commercial industry and not bringharm to any personin the air or onthe ground. The aircrafts ofDH Geo will be operated inthe field ofview 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 (below400' Above Ground Level (AGL))
• Operations will be operated overprivate property, commercial property, or property (not federal or state) with permission ofthe land owner • The aircraft will not operate within 5 NM ofany airport orheliport (unless wellcoordinated withthe FAA and aiiport!heliport (detailed flight plans))
• Operations will be limitedto day, visual meteorological conditions 

### • Aircraft will remain 

### within Visual Line of

### Sight at no greater than 

### Y2 NM ofthe PIC at 

### all times
• Whilethe aircraft is airborne, the VO will be positioned within voice distance to PIC

2

# darkhorse geospatial The PIC and 

### VO will meetthe 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 ofthe aircrafts light weight, historically demonstrated flight performance, fully qualified flight crew and strict operationunder the guidelines established 

### in 8900.227, the FAA can have confidence that the operation will have an equivalent or greater level ofsafety ofmanned aircraft performing similar operations. DH Geo is dedicated to safety and believes the company will notbring any harmto 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 CFRpart

### 21, Subpart

### H (Airworthiness Certificates), subjectto certain conditions and limitations, is warranted and meets the requirements for an equivalentlevel ofsafety under 14 CFRpart 11 and Section 333 of P.L. 112-95 {Section 333). The petitionerfurther 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 orrotorcraft) operating with an airworthiness certificate issuedunder 14 CFRpart 21, Subpart H and not subjectto the proposed conditions and limitations. Thepetitioner states that the unmanned aircraft (UA) to be operated underthis request is a rotary-wing aircraft, weighing 2.5lbs fully loaded, flies at a maximum speed of29 knots, carries neither a pilotnorpassenger, 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 boththe operator, spotter, and will adhere to local public safety requirements. Darkhorse Geo has a total of 1 aircraft listed in this exemption. A linktothe User Manual can be found here: http://download.dji

innovations
.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 3

# darkhorse geospat i a l

• Battery: 3S LiPo, 5200mAh, 11.1V • 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 offin flight };;> The aircraft has flown out ofrange };;> The signal between the Remote Control and the Phantomhas beenblocked 

# >- There is interference causing a signal problem with the Remote Control };;> The battery is at 10% battery life


### • Maximum Altitude is set at400 feet for all 

### DJI aircrafts • All airports are loaded into the flight controllers andthe aircraft will not fly within 5 nautical miles ofany airport • All aircraft are equipped with GPS enabled systems UAS PIC The petitioner asserts that operators ofthe DJI should not be required to hold a commercial orprivate pilot certification. The petitioner notes thatunlike a conventional aircraftthat carries a pilot, passengers, andcargo, the 

### DJI UASs are remotely controlled with no passengers orproperty ofothers onboard. The petitioner proposes that operator requirements should take into account the characteristics ofthe particular UAS. The petitioner states that the D.TI UASs have high degree ofpre-programmed control and various built-in technical capabilities that strictly limit the potential for operation outside ofthe 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 oftraining 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 andunderstand fail safe features to the fullest extentbefore conducting business with the UAS.
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# darkhorse ge osp atial



### 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 onthe DJI aircrafts. Theyhave spent countless hours perfecting the pre-flight, flight, and post

### flight procedures. 

### DH Geo's PICs can perform all necessary maintenance onthe DJI aircrafts and iffor 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 strictparameters ofthe FAA and the Phantom 2 Vision 

### + Dn Flight Operational Manual. (Attached to the request) The name and contact information ofthe 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 ofthis request to satisfy the need for an equivalent level ofsafety. We look forward to working with your office. Please contact 

### us any time ifyou require additional information or clarification.
Sincerely,


## Emmy Harbo, 

### Owner

5

# darkhorse geospatlal



### The petitionerrequests relieffrom the following regulation in 

### 14 CFRPart 

### 21 : Part 21 prescribes, inpertinent part, the proceduralrequirements for issuing and changing design approvals, productions approvals, airworthiness certificates and airworthiness approvals.

Section45.23(b) prescribes, inpertinentpart, that when marks include only the Roman capital letter "N" and the registration number is displayed onlimited, restricted or lightsport category aircraft or experimental orprovisionally certificated aircraft, the operator must also display onthat aircraft neareach 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 ofan aircraft that is carrying passengers orproperty for compensation orhire; nor may that person, for compensation or hire, act aspilot 

### incommand ofan aircraft. (b) a private pilot may, for compensation orhire, act as pilot in command ofan 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 orproperty for compensation orhire.


### Section 61.133(a) prescribes, in

### pertinentpart, that a person who holds a commercial pilot certificate may act as pilot in command ofan aircraft: (i) Carrying persons or property for compensation or hire, provided the personis qualified in accordance with this part and with the applicable parts ofthis chapter that apply to the operation; and (ii) Forcompensation or hire, provided the person is qualified in accordance withthis part and with the applicable parts ofthis chapter that apply to the operation. 6

# darkhorse geospat i a l

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 thatthe pilot 

### incommand ofa civil aircraft isresponsible 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 

### inthe aircraft a current approved Airplane or Rotorcraft FlightManual, 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 takeoffor landing, no person may operate an aircraft belowthe following altitudes: (a) Anywhere. An altitude allowing, 

### ifa power unit ails, an emergency landing without undue hazard to persons or property onthe surface. (b) Over congested areas. Over any congested area ofa city, town, or settlement, or over any open 

### air assembly ofpersons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of2,000 feet ofthe aircraft. (c) Overotherthan congested areas. An altitude of500 feet above the surface, except over open water or sparsely populated areas. Inthose cases, the aircraft may notbe operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. 

### Ifthe operationis conducted without hazard to persons orproperty onthe surface- ( 1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) ofthis section, provided each person operating the helicopter complies with any routes or altitudes specificaliy prescribed for helicopters bytheFAA; and
7

# darkhorse geospatial (2) A powered parachute orweight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) ofthis section.

Section 91.151(a) prescribes that no personmay 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 ofintended 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, inpertinent part, thatno 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 ofthe Aircraft registration Application as provided for in 

### § 47.3l(c).

Section 91.203(b) prescribes, inpertinent part, that no personmay operate a civil aircraft unless the airworthiness certificate or a special flight authoriZation issued under 

### § 91
.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers orcrew.
Section 91.319( a)(l), Aircraft having experimental certificates: Operating limitations, prescribes inpertinentpartthatno person may operate an aircraft that as an experimental certificate for other thanthe purpose for which the certificate was issued.
Section 91.405(a) requires, inpertinentpart, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpartE ofthe same part and shall, between required inspections, except as provided inparagraph (c) ofthe same section, have 

### discrepancies repaired as prescribed in 

### part 43 ofthe chapter.

Section 91.407(a)(l)prohibits, inpertinentpart, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless
8

# darkhorse geospatial ithas been approved for return to serviceby a person authorized under§ 

### 43.7 ofthe same chapter.

Section 91.409(a)(2) prescribes thatno person may operate any aircraft unless, within the preceding 12 calendarmonths, it has had an inspection for the issuance ofan airworthiness certificate in accordance withpart 21 ofthis chapter.
Section 91.417(a) prescribes, inpertinent part, that- (a) Eachregistered owner or operator shall keep the following records for the periods specified inparagraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and otherrequired or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include- 

### (i) A description (orreference to data acceptable to the Administrator) ofthe work performed; and 

### (ii) The date ofcompletion ofthe work performed; and (iii) the signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, eachpropeller, and eachrotor. (ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance. · (iii) The time since lastoverhaul ofall items installed on the aircraft which are required to be overhauled ona specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the 

### last inspectionrequired by the inspection program under which the aircraft and

### its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and
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# darkhorse geospatial revision date. Ifthe AD or safety directive involves recurritig action, the time and date whenthe next action is required. (vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.



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