### Drone Difference LLC 806 Courtwood Lane Ballwin 

### , MO 

### 63011 314

-401

- 8381 A ugust 12, 2015
Docket Operations, M

- 30 U.S. Department of Transportation 1200 New Jersey Avenue, SE West Building Ground Floor, Room w12

- 140 Washington, DC 20590

- 0001

Re: Petition for Exemption under FAA Modernization and Reform Act of 2012 (P.L. 112

- 95 ), Section 333
Regulations from: 14 CFR 21 subpart H ; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a) ; 14 CFR 91.9(b)(2) ; 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a) ; 14 CFR 91.203 (a) and (b) ; 14 CFR 91.405 (a) ; 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2) ; 14 CFR 91.417(a) and (b)

Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Wendy Erikson Anstine, DBA Drone Difference LLC, operator of Unmanned Aircraft Systems (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of designated UAS, provided such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.
Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following areas:

**1.** Aerial photography and/or video for public and/or private use including real estate, architecture , land surveying, engineering and other related professional activities. **2.** Aerial video and/or photography for public and/or private use including television, public events, cinematography and newsgathering. **3.** Aerial inspection/photography of residential/commercial structures under contract with the owners or local government a uthority. **4.** Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers. **5**

**.** Training to persons individually or belonging to both private and/or public o rganizations to increase awareness and improve safety for current and future UAS operations within the NAS.
As described fully below, the requested exemption would permit the operation of designated UAS as set forth in this document under controlled condi tions in the NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase public awareness of UAS operations and enhance safety to aid in fulfilling the Secretary ofTransportation’s (the FAA Administra tor’s) responsibilities to “....establish requirements

for the safe operation of such aircraft systems in the national airspace system.”
**The name and address of the applicant :**
Wendy Erikson Anstine, DBA “Drone Difference LLC” Ph: 314

- 401

- 8381 Email: wea nstine@gmail.com A ddress: 806 Courtwood Lane Ballwin , MO 63011
Wendy Erikson Anstine has invested time and money in the interest of safe UAV operation by achieving certification through the “Flysafe” course. She will operate one or more of the following model UAS: 

### 1. Yuneec Model Q500 Typhoon, specifications to follow below:

●

●
● **PRODUCT SPECIFICA TIONS** 
**● Q500 TYPHOON A**  **ircraft**
**○ Flight Time**  **○ Up to 25 Minutes**
**○ Height**  **○ 240mm (9.45 in)**
**○ Width**  **○ 420mm (16.54 in)**
**○ Diagonal Length Without**  **Rotor Blades ○ 565mm (22.2 in)** 
**○ Propeller/Main Rotor Diameter**  **○ 330mm (13.0 in)**
**○ Weight Without Battery and Pay**  **load ○ 1130g (40.0 oz)** 
**○ Battery**  **○ 5400mAh 3S 11.1V LiPo (included)**
**○ Charger**  **○ 3S 11.1V LiPo DC Balancing Smart Charger with A C A** **dapter (incl uded)** 
**○ Tr** **ansmitter ○ 10channel**  **2.4GHz with 5.8GHz video downlink (included)**
**○ 3 Flight Modes**  **○ Smart, A ngle and Home Modes** 
**○ Maximum Fly**  **ing Height ○ Default 400 Feet A** **bov e Ground Level (A** **djustable via the Q500 GUI)**
**○ Maximum Rotational Velocity**  **○ 65°/s**
**○ Maximum Bank A**  **ngle ○ 35°** 
**○ Maximum Climb Rate in Smart and A** **ngle mode ○ 3m/s** 
**○ Maximum Descent Rate in Smart and A**  **ngle mode ○ 2m/s** **○ Ta**  **keoff Weight With Battery and CGO2GB**

**○ 1700g (60.0 oz)**
**○ Radio Control Frequency**  **Band ○ 2.4GHz** 

**●** 

## CGO2GB **Camera Gimbal Sy s**  **tem**

**○ Focusing System**  **○ A erial Optimized Fixed Focus** 
**○ Video Resolution**  **○ FULL HD 1080p A djustable**  **60, 50 or 48 FPS**
**○ Photo Resolution**  **○ 12 Megapixels**
**○ Video Field of View**  **○ 130°**
**○ Control A**  **ngle A ccuracy**  **○ ±0.02°**
**○ White Balance**  **○ A utomatic Smart White**  **Balance Feature**
**○ Tr** **ansmission Band ○ 5.8GHz** 
**○ Input/Operating Voltage**  **○ 7.0V to 14.0V DC**
**○ Video Transmission Distance/Range (Optimum Conditions)**  **○ FCC Compliance: Up to 600m (1968.5 ft) CE Compliance: Up to 300m (984.252 ft) with ST10 Warning: You Must F**  **ollow Local Laws and Maintain Visual Line of Sight of A**  **ircraft at A ll T**  **imes.**
**○ Current Consumption/Operating Current**  **○ 500mA**

**(av erage) to 600mA (peak) @ 12.0V (7.2W max)** 
**○ Storage Temperature**  **○ 20° C60°**  **C**
**○ Working Temperature**  **○ 0°C50° C** 
**○ Storage (memory** **) ○ microSD Class 10 ~ 4 to 128GB** 
**○ Height**  **○ 115mm (4.5 in)**
**○ Weight**  **○ 185g (6.5 oz)**
**○ Depth**  **○ 135mm (1.4 in)**
**○ Width**  **○ 74mm (2.9 in)**

**●** 

## ST **10 Personal Ground Station**

**○ Operating Sy** **stem ○ A**  **ndroidTM**

**○ Number of Channels**  **○ 10**
**○ Control Transmission**  **Distance/Range (Optimum Conditions) ○ FCC Compliance: Up to 800m (2624.67 ft) CE Compliance: Up to 400m**  **(1312.34 ft) Warning: You Must Follow Local Laws and Maintain Visual Line of Sight of A**  **ircraft at A ll Times.** 
**○ Robust Radio Control Modulation**  **○ Yuneec Protocol** 
**○ Video link Frequency Band**  **○ 5.8GHz**
**○ Video Transmission Distance/Range (Optimum Conditions)**  **○ FCC Compliance: Up to 600m (1968.5 ft) CE Compliance: Up to 300m (984.252 ft) Warning: You Must Follow Local Laws and Maintain Visual**  **Line of Sight of Ai**  **rcraft at A ll Times.** 
**○ Flight Sy** **stems Telemetry Data On Screen Display (OSD)**  **○ Yes**
**○ LED Backlit LCD Screen**  **○ Capacitive MultiTouch 4.5”** 
**○ Ta**  **ctile (Vibrating) and A udible Feedback**  **○ Yes**
**○ BuiltIn**  **LiPo Battery**

**Voltage / Capacity ○ 3.6V/5200mA**  **h 18.72Wh**
**○ Charger**  **○ A utoCharge**  **Mode via MicroB USB Cable with A** **C to 5V DC USB Power Supply**  **(Included)**
Given the small size of the UAS in scope and the controlled environment provided, the proposed operations will adhere to the Reform Act’s safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental imp acts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly, the applicant graciously requests that the FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAF ETY
The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agree s to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery and

camera. 2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph. 3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO). 4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first. 5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned. 6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include a third, but sep arate, Camera Operator (CO). 7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have logged a minimum of 20 hours on the designated UAS. 8. A safety briefing will be performed prior to each day’s flights consisting of all the days’ production activities. 9. All flight activities will be logged. 10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 11. The flights will occur in Class G airspace no closer than a 5mile radius of the geographic cente r/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. 12. Flights will not be closer than a 5 mile radius of the geographic center/Airport. 13. The operator will file FAA Form 77111, or its equivalent, as modified in light of the

r equested exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation. 14. The operator will obtain verbal/written consent of all persons involved with the planned oper ation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required under the FOM. With the advanced permission of the FSDO, operations at closer range may be approved. 15. The PIC and VO will have been trained in operation of UAS and receive uptodate information for the particular UAS to be operated. 16. The PIC and VO will be able to communicate by voice and/or radio at all times. 17. Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies as appro priate to flight operations. 18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a predetermined location within a designated location and land autonomously. 19. The UAS will have the capability to abort a flight in case of emergencies with an automated “Return Home and Land” function. 20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies such as low battery.14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled

Airworthiness Certificates, establishes the procedural requirements for the issuance o f airworthiness certificates as required by FAR §91.203 (a) (1). Given the s ize and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.


### 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: 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," "lightsport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit o r pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). US Department of Transportation February 20, 2015 The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.” 14 C.F.R. § 61. 113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a) & (b), 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 compe nsation or hire. The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because the applicant’s UAS do not carry any pilots or passengers nor property. The risks attendant to the operation of UAS is far les s than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will be, or be under the direct supervision of, a FAA Certificated Private Pilot with current Third Class or higher medical certificate. It is believed t hat the operation and limitations set forth in the FOM will equate to the safe operation of the UAS.

### 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. The regulation requires that no person may

operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided.
14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.registered civil aircraft .. . (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any co mbination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it.
14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in comma nd to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Norm al Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight

. 14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no pers on 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. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls . Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flig ht instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies wi th any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which film ing is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exce eds 400 feet AGL, the UAS will not be operated

### more than 200 feet above the highest point on the structure. It will however be operated in a

restricted area with security perimeter, where buildings and people will not be exposed to operations without their preobtained consent. The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Becaus e of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 5 5lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the lowaltitude operations of the UAS will ens ure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the f irst point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes ; or (2) At night, to fly after that for at least 45 minutes.” The applicant believes that an exemption from 14 CFR §91.151(a ) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed does not engender the type of risks that Section 91.151(a ) was intended to alleviate given the size and speed of the small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power

— whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.
14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as pr ovided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by pa ragraph (a) of this section 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. The UAS fully loaded weighs well under the proposed 55lb limit and is operated wit hout an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the

### pi lot flying the UAS will have immediate access to them, to the extent they are applicable to

the UAS.
14 C.F.R. §91.405 (a) ; 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed i n part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Mai ntenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety w ill be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to initiating flight and perform required m aintenance needed.

In conclusion t he applicant, Wendy Erikson Anstine , believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the granting of commercial operations of the applicant’s UAS. The applicant, Wendy Erikson Anstine , requests your respective approval of this Section 333 exemption petition request.
Thank you for your attention in this matter.
Sincerely,
Wendy Erik son Anstine Drone Difference LLC 

### weanstine@gmail.com 806 Courtwood Lane Ballwin, MO 63011 314

-401

- 8381