1 IN THE MATTER OF THE PETITION FOR EXEMPTION OF:
JOSEPH A OLESKE III FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF
TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a )(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION
OF DJI Phantom 2 AND DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF
THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)
Submitted on June 17, 2015

Joseph A. Oleske III 2312 Forest Circle Toms River, NJ 08755
732

- 236

- 1834 drjoehd@gmail.com2 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS....

.................... ................................................................ ...............3

SUMMARY.................................

............ ......................................................................................... 4

INTRODUCTION AND INTERESTS OF PETITIONER.....

....................... ........................... ....................4

BACKGROUND...................................................................

............... ........................................ ....... 4

BASIS FOR PETITION...........................................................................

.............................. .............. 5

NAME AND ADDRESS OF PETITIONER.............................................................

................................ 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH JOSEPH A OLESKE III SEEKS EXEMPTION...

. ...7

THE EXTENT OF RELIEF JOSEPH A OLESKE III SEEKS AND THE REASON JOSEPH A OLESKE III SEEKS
THE RELIEF............................................................................................................................... .......10

THE REASONS WHY GRANTING JOSE PH A OLESKE III’S REQUEST WOULD BE IN THE PUBLIC
INTEREST ......

..................................................................................... ..................... ..............................13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFEC T SAFETY

..... ..15

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.....

.......................................... .26

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT JOSEPH A
OLESKE III’S R EQUEST...

........................................................................................................................ .. 26

CONCLUSION..............................

...................................................................................... ........... 26

APPENDICES....................................................................................

.................................................................... .... 283 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VF R Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

JOSEPH A OLESKE III seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit JOSEPH A
OLESKE III to operate an Unmanned Aircra ft System (UAS ) for the commerci al purpose of conducting aerial video and photography of real estate and landscape

, aerial video and

p hotography for cinema and advertisement production, and search and rescue operations over
cert ain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

JOSEPH A OLESKE III seeks to provide his clients wit h photography and videography of

p roperties for the purpose of advertising. JOSEPH A OLESKE III further seeks to provide his clients with cinema quality aerial images for u se in motion picture production and commercial advertisement. A compliant moti on picture and television operations manual (MPTOM ) is currently being created. JOSEPH A OLESKE III also seeks to be able to use his equipment, training and expertise to assist in search and rescue operations

. JOSEPH A OLESKE III has hundreds of hours flying experience as a PIC in SEL aircraft. He has over 2 years recreational/hobby experience in all aspects of aerial video and photography. The objective of
JOSEPH A OLESKE III and his aerial operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Residential Construction

• Real

- estate marketing

• Filmmaking

 Search & Rescue

BACKGR OUND

Unmanned Aircraft Systems: DJI Phantom 2, DJI Phantom 3 sUAS

JOSEPH A OLESKE III seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2 and DJI Phantom 3 are vertical takeoff and landing (VTOL)
Unmanned Ai rcraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 has a maximum gross weight of approximately 2 pounds 115

ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 has similar dimensions and specifications . The DJI Phantom 2 and DJI Phantom 3UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

BASIS FOR PETITION

Petitioner, JOSEPH A OLESKE , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA M odernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 2, DJI Phantom 3 UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

u nmanned aircraft and its operation, JOSEPH A OLESKE III operation of DJI Phantom 2 and DJI Phantom 3 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, JOSEPH A
OLESKE III requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

JO SEPH A OLESKE III submits that the requested relief is proper since an equivalent level of safety will be ensured. JOSEPH A OLESKE III will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual s ).

Furthermore, JOSEPH A OLESKE III will document and maintain all maintenance records for
the DJI Phantom 2 and DJI Phantom 3 s UAS

.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by JOSEPH A OLESKE III to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate or driver ’ s license , and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2

a nd DJI Phantom 3 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

JOSEPH A OLESKE III seeks relief from Section 91.7(a), entitle d Civil aircraft airworthiness

, because the DJI Phantom 2 and DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, JOSEPH A OLESKE III submits that he
will ensure that the DJI Phantom 2 an d DJI Phantom 3 s UAS are in an airworthy condition, prior6

to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual), and that the
airc raft are in a condition for safe flight.

JOSEPH A OLESKE III also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 and DJI Phantom 3 UAs will not have a typical barometric altimeter onboard. How ever, altitude information of the DJI Phantom 2 and DJI Phantom 3UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with JOSEPH A OLESKE III ’s operation of the DJI Phantom 2 and DJI Phantom 3 UASs within vis ual line of sight, at or below
4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additiona lly, JOSEPH A OLESKE III seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. JOSEPH A OLESKE III submits that safety will not be affected by operation of the DJI Phantom 2 and DJI Phantom 3 s UA S during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5
minutes.7

In accordance with 14 C.F.R. § 11.81, JOSEPH A OLESKE III provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of t he Petitioner and point of contact is:

JOSEPH A OLESKE III 2312 Forest Circle Toms River, NJ 08755
732

- 236

- 1834 drjoehd@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which JOSEPH A OLESKE III Seeks Exempt ion.

1. JOSEPH A OLESKE III Seeks Exemption F rom The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part: (a) No pe rson who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot ma y, for compensation or hire, act as PIC 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.

2. JOSEPH A OLESKE III Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. JOSEPH A OLESKE III Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flig ht level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;8 (ii) If there is no station within the area pr escribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropri ate altimeter setting available before departure.

4. JOSEPH A OLESKE III Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), s tates the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditio ns) there is enough fuel to fly to the first point of intended landing and, ass uming normal cruising speed, to fly after that for at least 20
minutes.

5. JOSEPH A OLESKE III Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

—

(a) Shal l have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as pr ovided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. JOSEPH A OLESKE III Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maint enance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter.

7. JOSEPH A OLESKE III Seeks Exemption From The Requirements Of Sect ions 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--9 (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a pers on authorized by § 43.7 of this chapter;

or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. JOSEPH A OLESKE III Seeks Exe mption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the fo llowing records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 1 00

- hour, annual, progressive, and other requ ired or approved inspections, as appropriate, f or 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 f ollowing 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 unde r which the aircraf t and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, t he method of compliance, the AD or safety directive number and rev ision date. If the AD or safety directive involves recurring 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 a nd currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed:10 (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or su perseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter sh all be retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief JOSEPH A OLESKE III Seeks And The Reason JOSEPH A OLESKE III Seeks
The Relief.

1. Extent Of Relief JOSEPH A OLESKE III Seeks And T he Reason JOSEPH A OLESKE III Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilo t or higher level certificate, as well as a current and valid airm an medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as P IC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; a nd (2) The aircraft does not carry passengers or property fo r compensation or hire.

As set forth more fully below, JOSEPH A OLESKE III submits tha t an equivalent level of safety will be maintained because no PIC will be allowed to o perate the DJI Phantom 2 UAS or DJI Phantom 3 UAS unless that PIC has met certain flight

- h our and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent with t he operations specifications a s described in this exemption, including evasive and emergency mane uvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, JOSEPH A OLESKE III submits that all flights of the DJI Phantom 2 and DJI Phanto m 3 s UAS , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to
JOSEPH A OLESKE III ’s business; and (2) will not c arry passengers or property for compensation or hire.

2. Extent Of Relief JOSEPH A OLESKE III Seeks And The Reason JOSEPH A OLESKE III Seeks Relief From Section 91.7(a).11

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow JOSEPH A OLESKE III to determine that the DJI Phantom 2 and DJI Phantom 3
UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual).
JOSEPH A OLESKE III seeks the requested relief because the DJI Phantom 2 and DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, JOSEPH A OLESKE III will ensure that the DJI Phantom 2 a nd DJI Phantom 3 UASs are in airworthy condition bas ed upon its compliance with the operating documents (i.e., Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual) prior to every flight, and furth er, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief JOSEPH A OLESKE III Seeks And The JOSEPH A OLESKE III Seeks Relief From
Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may b e required to allow flight operations of the DJI Phantom 2 and DJI Phantom 3 U ASs, which utilize a barometric pressure sensor, GPS equipment, and a radio commun ications telemetry data link to downlink altitude information from the UA to the PIC at th e grou nd control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), JOSEPH A OLESKE III seeks the requested relief because the DJI Phantom 2 and DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operation s, relief from 14 CFR 91.121 is sought

to t he extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 and DJI Phantom 3 UAs are equipped with a barometric pressur e sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS.

4. Extent Of Relief JOSEPH A OLESKE III Seeks And The Reason JOSEPH A OLESKE III Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJ I Phantom 2 and DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly afte r that for at least 4.5 minutes. JOSEPH A OLESKE III seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 and DJI Phantom 3 UAs will severely12

constrain the practicalit y of any aerial video or still photo flight operations that JOSEPH A
OLESKE III proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 and DJI Phantom 3 UASs, the DJI Phantom 2 a nd DJI Phantom 3 operating documents, and JOSEPH A
OLESKE III ’s proposed operating limitations, ensure that JOSEPH A OLESKE III will safely operate the battery powered DJI Phantom 2 and DJI Phantom 3 UAs during daylight hours in visual meteorological condi tions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief JOSEPH A OLESKE III Seeks And The Reason JOSEPH A OLESKE III Seeks Relief From Sections 91.405(a ), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to
ai rcraft with an airworthiness certificate, JOSEPH A OLESKE III requests relief from these Sections because the DJI Phantom 2 and DJI Phantom 3 UASs do not require airworthiness certificates.

As set forth more fully below, the DJI Phantom 2 and DJI Phantom 3 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, JOSEPH A
OLESKE III will use trained technicians to perform maintenance, alterations, or preventive maintenance on the s UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual). Furthermore, JOSEPH A OLESKE III will document an d maintain all maintenance records for the DJI Phantom 2 and DJI Phantom 3 UASs.13

D. The Reasons Why Granting JOSEPH A OLESKE III Request Would Be In The Public Interest;

That Is, How It Would Benefit The Public As A Whole.

Granting the present Petitio n will further the public interest by allowing JOSEPH A OLESKE III to safely, efficiently, and economically perform aerial video and photography of real estate, and landscape over certain areas of the United States. Additionally, use of the DJI Phantom 2 a nd DJI Phantom 3 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of JOSEPH A OLESKE III ’s proposed operation of the DJI Phantom 2 and DJI Phantom 3 UASs will be realized wit hout implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 2 and DJI Phantom 3 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditiona lly utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 or DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce nois e and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 and DJI Phantom 3 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic con trol during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 and DJI
Phantom 3 UASs.

Conducting aerial acquisitions with the DJI Phantom 2 and DJI Phantom 3 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and elec tric motors, the DJI Phantom 2 and DJI Phantom 3 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video a nd photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel.

The DJI Phantom 2 and DJI Phantom 3 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 2 and DJI Phantom 3 UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associate d with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated.14

Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 and DJI Phantom 3 UAs (weighing approximately 2 pound s 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collatera l damage to life and property on the ground, and in the air, compared to the manned aircraft that t ypically conduct similar operations (weighing

ap proximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity o f 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 and DJI Phantom 3 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 and DJI Phantom 3 UASs are also an
economical alternat ive to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 and DJI Phantom 3 UASs will allow United States based companies, like JOSEPH A OLESKE III , to remain competitive and contribute to growth of the

U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to rema in competitive. Operating the battery powered DJI Phantom 2 and DJI Phantom 3 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned
aircraft.

By operating the DJI Phantom 2 and DJI Phantom 3 UASs, persons such as Joseph A Oleske III

, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which wil l ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 2 and DJI Phantom 3 UASs, provides a stable workforce that increases consumer spending; improves local, state , and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, JOSEPH A OLESKE III ’s proposed operation of the DJI Phantom 2 and DJI Phantom 3 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 and DJI Phantom 3 UASs will be operated only in compliance with operati ng documents (i.e., Maintenance Log, and
DJI Phantom 2 and DJI Phantom 3 Instruction Manual) which requires property owner
involvement as well as local law enforcement notification, and in accordanc e with the Federal
Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.15

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule
From Which JOSEPH A OLESKE III Seeks Exemption.

1. Reasons Why The DJI Phantom 2 and DJI Phantom 3 UAs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited ope rating area associated with the unmanned aircraft and its operation, JOSEPH A OLESKE III ’s operation of the DJI Phantom 2 and DJI Phantom 3 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certifica te in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

—
(1) W hich types of unmanned aircraft system s, if any, as a result of their size, weight, speed, operation al capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspa ce system or the public or pose a t hreat to national security; and

(2) Whether a certificate of waiver , c ertificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).(c) Requirements for Safe Operation.

-- If the Secre tary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In see king this exemption, JOSEPH A OLESKE III submits that the DJI Phantom 2 and DJI Phantom 3 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 and DJI Phantom 3 UASs; (b) the pilo t certification requirement; and (c) the specific operating limitations.16

a. The Specifications Of The DJI P hantom 2 and DJI Phantom 3 UASs Demonstrate Its Safe
Characteristics.

The DJI Phantom 2 and DJI Phantom 3 sUAS do not create a hazard to users of th e NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 and DJI Phantom 3 UASs.

The technical specifications of the DJI Phantom 2 and DJI Phantom 3 UASs are set forth by the DJI Phantom 2 and DJI Phantom 3 User Manuals, those specifications are attached hereto as Appendix A and B

. ii. The DJI Phantom 2 and DJI Phantom 3 UASs Autonomous Flight And Navigation
Modes Enable The UASs To Remain Within A Defined O perational Area.

The DJI Phantom 2 and DJI Phantom 3 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes
of the DJI Phantom 2 and DJI Phantom 3 UASs is provided in the DJI Phantom 2 and DJI Phantom 3 User Manuals, attached hereto as Appendix D and E

.
iii. The DJI Phantom 2 and DJI Phantom 3 s UAS Are Designed For Automatic Return To
Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 and DJI Phantom 3 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 and DJI Phantom 3 UAs do not reacquire control link data from the G CS, the UAs will assume
that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 U AS are set forth

in the DJI Phantom 2 and DJI Phantom 3 User Manual s, attached hereto as Appendix D
and E

. iv. The DJI Phantom 2 and DJI Phantom 3 GCS And Its Operation.

A complete des cription of the operation and specifications of the DJI Phantom 2 and DJI Phantom 3 GCS and flight control software is provided in the DJI Phantom 2 and DJI Phantom 3 User Manuals, attached hereto as Appendix D and E

.17

b. Flight Operations Of DJI Phantom 2 and DJI Phantom 3 UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

JOSEPH A OLESKE III will be the only person to act as a pilot in command (PIC) of the DJI Phantom 2 and DJI Phantom 3 UASs. Additionally, a safety observer will assist in flights.

c. Flights Of DJI Phantom 2 and DJI Phantom 3 UASs Will Be Conducted Pursuant To Specific Operating Lim itations.

In seeking this exemption, JOSEPH A OLESKE III proposes to commercially operate DJI Phantom 2 and DJI Phantom 3 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 and DJI Ph antom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The s UA S may not be flown at an indicated airspeed exceeding 5 0 knots.

4. The UA must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in
feet AGL.

5. The UAs 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 dev ice other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

6. The use of first person view (FPV) by the PIC without a safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic 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 SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond as sisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.18 9. The operating documents and the grant of exemption must be accessible during UAS

o perations and made available to the Administrator upon request. If a discrepancy
exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations

contai ned in the grant of exemption 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 operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant
of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding u pdates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is pro hibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control
Station must be included in the preflight inspection. All maintenance and alterations must be properly d ocumented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conduc ts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the

opera ting documents.

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

14. The operator must carry out its maintenance, inspections, and record keeping requireme nts, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the sign ature of the authorized person returning the UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety
Bulletins.19 16. The authorized person must make an entry in the aircraft record of the corrective

action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a valid driver’s
license or 3 rd Class medical

. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles a nd structures. PIC qualification flight hours must be logged in a
manner consistent with 14 C.F.R.

§ 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, 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 non participants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a speci al request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as
denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in
accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must b e made available to the Administrator upon
request.

21. 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.

22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the ev ent of unpredicted obstacles or emergen cies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 20 % battery power remaining.20 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator t o request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, alti tude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appro priate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These
documents must be made available to the Administrator or any law enforcement official
upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehi cle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, 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 protection. If a
situation arises where nonparticipating persons leave such prote ction and are
within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission
and the PI C has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to thos e persons per §91.119(a).21 32. All operations shall be conducted over private or controlled

- access property with

permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight
to be conducted.

33. 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 FAA'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.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would

Not Adversely Affect Safety.

JOSEPH A OLESKE III submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 and DJI
Phantom 3 UASs unless that PIC has demo nstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropria te distances from people, vessels, vehicles and structures.

Considering JOSEPH A OLESKE III ’s proposed area of operations, and the operating limitations
set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to
those of c ommercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS, JOSEPH A OLESKE III submits that the additional manned airmanship experience of a commercially certificate d pilot would not correlate to the airmanship skills necessary for JOSEPH A OLESKE III ’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material r espects, to those p resented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

JOSEPH A OLESKE III will not allow any PIC to operate the DJI Phan tom 2 or DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 2 or DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent w ith 14 C.F.R. § 61.51(b), 25 hours of total time as a s UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations22

under the exemption). In addition to the hour requirement s, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during JOSEPH A OLESKE III ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total

time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a
multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make
and m odel of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time
and t he 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- ho ur requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in complia nce with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency,
and experience

- b uilding flights the PIC is required to operate the UA with appropriate
distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, JOSEPH A OLESKE III will ensure safe operations by not allowing any PIC to operate the DJI Pha ntom 2 or DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI
Phantom 2 or DJI Phantom 3 UAS in a manner consistent with the exemption, including evasi ve and emergency maneuvers and maintaining appropriate distances from people, vessels,
vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety establis hed by Section 91.7(a) will be maintained because prior to every flight, JOSEPH A OLESKE III will ensure that the DJI Phantom 2 or DJI Phantom 3 UAS is in23

an airworthy condition based upon the UAS’s compliance with its operating documents and as
stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety establish ed by Section 91.121 will be maintained because the altitude information of the DJI Phantom 2 and DJI Phantom 3 UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA
to the GCS for act ive monitoring of the flight path and altitude. This altitude information,
combined with JOSEPH A OLESKE III ’s operation of the DJI Phantom 2 and DJI Phantom 3 UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equival ent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level.

The FAA has previously grant ed relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157,
11158 , 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 and DJI Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, JOSEPH A OLESKE III will ensure that it will safely

o perate the battery powered DJI Phantom 2 and DJI Phantom 3 sUAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least

4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 and DJI Phantom 3 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure a n equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 and DJI Phantom 3 UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and24

again at approximately 10% remaining battery power. At the critically low battery level, the DJI
Phantom Vision+ and DJI Phantom 3 UASs will descend and land automatically.

Sign ificantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to t hose presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, JOSEPH A OLESKE III submits that the equivalent level of safety with regard to the regulatory maintenance and altera tion requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because JOSEPH A
OLESKE III will use trained technicians to perform maintenance, alterations, or preventive
maintenance on the UASs us ing the methods, techniques, and practices prescribed in the operating documents (i.e., Maintenance Log, DJI Phantom 2 and DJI Phantom 3 Instruction Manual). Furthermore, JOSEPH A OLESKE III wil l document and maintain all maintenance
records for the DJI Phantom 2 and DJI Phantom 3 s UAS

. Since the DJI Phantom 2 and DJI Phantom 3 UASs will be inspected as prescribed by the operating documents, JOSEPH A OLESKE III will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2
and DJI Phantom 3 User Manuals a re attached hereto as Appendix D and E ; a copy of the DJI
Phantom 2 and DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because JOSEPH A OLESKE III will use trained technicians to perform maintenance, alterations or preventive maintenance on
the s UAS using the methods, techniques, and prac tices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 and
DJI Phantom 3 s UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of JOSEPH A OLESKE III ’s proposed operating limitations, the operating documents, and the technic al aspects of the DJI Phantom 2 and DJI Phantom 3 sUAS

, JOSEPH A25

OLESKE III submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA
ha s previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 1 1158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, JOSEPH A OLESKE III reque sts that the FAA

p rescribe special conditions for the intended operation of the DJI Phantom 2 and DJI Phantom 3

s UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established b y 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the s UA S for the limited purpose of con ducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a
UAS will create a hazard to users of the NAS or the public, or otherwise pose a th reat to national security; and further, provides the authority for such UAS to operate without
airworthiness certification in accordance with any requirements that must be established for
the safe operation of the UAS in the NAS.

Likewise, the Administrato r may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 and DJI Phantom 3 sUAS , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, ai rcraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special
conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance wit h FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for JOSEPH A OLESKE III intended operation of the DJI Phantom 2 and DJI Phantom 3 UASs, which contain such safety standards that the Administrator finds necessary to
establi sh a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 1426

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Summary That Can Be Published I n The Federal Register, stating: The Rules From Which

JOSEPH A OLESKE III Seeks Exemption:

JOSEPH A OLESKE III seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption JOSEPH A OLESKE III Seeks:

This exemption will permit JOSEPH A OLESKE III to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of
the United States.

• Any Additional Information, Views, Or Arguments Available To Support JOSEPH A OLESKE

III ’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, wh ich directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, JOSEPH A OLESKE III ’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth
abo ve.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create ahazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airwo rthiness certification.

As discussed in detail above, JOSEPH A OLESKE III will operate the DJI Phantom 2 and DJI Phantom 3 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

.

CONCLUSION

As set forth herein, JOSEPH A OLESKE III seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 and DJI Phantom 3 UASs comm ercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests o f the public, by allowing JOSEPH A OLESKE III to safely, efficiently, and economically operate the DJI Phantom 2 and DJI Phantom 3 sUAS commercially within the

NAS.

WHEREFORE , i n accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, JOSEPH A OLESKE III respectfully requests that the27

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sectio ns 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit JOSEPH A OLESKE III to operate the DJI Phantom 2 and DJI Phantom 3 UASs commercially for the purpose of conducting aerial video and photography over certain
areas of the United States.

Dated: June 17 , 2015

Respectfully submitted,

JOSEPH A OLESKE III 2312 Forest Circle Toms River, NJ 08755
732

- 236

- 1834 drjoehd@gmail.com28 Appendices:

A

– DJI Phantom 2 Vision + Spe cifications Data Sheet

B

– DJI Phantom 3 Spe cifications Data Sheet

C

– Monthly Maintenance Log

D

- DJI Phantom 2 Vision + Users Guide

E

- DJI Phantom 3 Users Guide

APPENDIX

– A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

JOSEPH A OLESKE III only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a
pr edetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 2 Vision+

1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJI 5200mAH LiP o Battery 1.1.1.2 Weight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

- 2000/s 1.1.1.5 Max Tilt Angel

- 350 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy

- ±0.030 1.1.2.3 Controllable Range

– Pitch:

- 900

- 00 1.1.2.4 Maximum Angular Speed

– Pitch: 900/s

1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 320F

- 1040F (00C

- 400C)
1.1.3.2 Sensor Size

– 1/2.3”
1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

– 4384x3288
1 .1.3.5 HD Video Recording

– 1080p30 & 720p29 1 .1.3.6 Recording Fiel d of View

- 1100/850

1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m 1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm
1.1.4.4 Transmitter Power

– FCC Compliance: 100mW
1.1 .4.5 Working Voltage

– 120mA@3.7V

1.1.5 Range Extender 1.1.5.1 Operating Frequency

– 2412

- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m
1.1.5.3 Transmitter Power

– 20dBm 1.1.5.4 Power Consumption

– 2W30

APPENDIX

– B

DJI Phantom 3 TECHNI CAL SPECIFICATIONS

JOSEPH A OLESKE III only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlle d airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and
location information to the PIC via the linked monitor (smart phone/tablet devices)

2.2 DJI Phantom 3

2.2.1 Aircraft 2.2.1.1 Model: Phantom 3 2.2.1.2 Weight (Battery included): 1280g 2.2.1.3 Diagonal Size (including propellers): 590mm 2.2.1.4 Maximum Ascent Speed: 5 m/s
2 .2.1.5 Max Descent Speed

– 3m/s s 2.2.1.6 Max Ascent Speed

– 5m/s
2.2.1.7 Hover Accuracy: Vertical +/

- 0.1m Horizontal + /

- 1.5m 2.2.1.8 Max Speed

– 16m/s (ATTI mode, no wind ) 2.2.1.9 Max Flight Altitud e

– 6000m
2.2.1.10 Operating Temperature: 0 C to 40 C
2.2.1.12 GPS Mode: FPS/GLONASS

2.2.2 Gimbal
2. 2.2.1 Cont r ollable Range: Pitch

- 90 degrees to +30 degrees
2.2.2.2 Stabilization: 3 axis gimbal

2.2.3 Camera
2.2.3.1 Name

– Sony EXMOR 1⁄2

. 3 ”
2.2.3.2 Total Pixels

– 12. 76 M
2.2.3.3 Effectiv e Pixels

– 12.4 M
2.2.3.4 Image Max Size

– 4000x3000
2.2.3.5 ISO Range

– 100

- 3200
2.2.3.6 Field of View

- 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞
2.2.3.7 CMOS

– Sony EXMOR 1/2.3”
2.2.3.8 HD Video Recording

– UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60
2.2.3.9 Operating Temperature Range

- 320F

- 1040F (00C

- 400C)31

2.2.4 Transmitter
2.2.4.1 R eceiving Sensitivi ty

- - 101 dBm 2.2.4.2 Operating Frequency

– 2.400

- 2.483GHz 2.2.4.3 Communicating Distance (unobstructed)

– 2000m 2.2.4.4 Outpu t Power

– 20 dBm 2.2.4.5 Operating Tempe rature Range

- 0 0 C to 400C 2.2.4.6 Battery

– 600mAh LiPo 2S32

APPENDIX

– C Maintenance Logs



## Phantom Maintenance Logs
Monthly Maintenance to include the following : Propellers removed, checked for damage, and balanced

. All fasteners checked secure and at proper torque. Motors inspected for free movement, clear of debris. Airframe inspected free from defect

. Cam era and gimbal system checked for proper fun ction, movement and retaining pins . Transmitter checked for f unction, all antennas inspected. All batteries to be tested. Advance calibration of the IMU performed. Compass calibration performed

. Flight test conducted of all flight modes and safety features.

Aircraft #
& Date Date Work Performed (include all parts replaced) Personell Flight Test Date & Time33

APPENDIX

– D

DJI Phantom 2 Vision + Operating manual (uploaded separately )

APPENDIX

– E

DJI Phantom 3 Operating manual (uploaded separately )