1 January 21 , 2016

Amended Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

We represent Energi Insurance Services , Inc. and are submitting this Petition for Section 333 Exemption on their behalf under Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”). This resubmission is in reference to docket #FAA

- 2015

- 4408

.
**Applicant Information**

N ame of the applicant: **Energi Insurance Services, Inc.**

Energi Insurance Services, Inc. provides risk management and insurance solutions for various segments of the Energy Industry. We a leading provider of specialized insurance programs to targeted sectors of the energy industry in the United States & Canada. Our core insurance programs provide traditional property and casualty insurance coverage and related risk management services. Our specialized insurance risk management expertise in the energy sector enables us to provide differentiated safety, loss prevention and claims management services.

We believe our suite of risk management solutions reduces the long

- term loss costs of our policyholders and enhances their productivity over the long term. Energi’s Alternative Energy Solutions Group provides innovative warranty coverages for alternative energy products and installations. These solutions are distributed through an exclusive network of independent insurance agents and brokers throughout the United States & Canada. Energi’s 350+ Independent Insurance Agents entrust over 1,000 of their policyholders with one of our 11 different insurance programs. Energi’s insurance products are underwritten by leading worldwide insurance companies that maintain the highest ratings of the various rating agencies, including AM Best.

Pursuant to Sect ion 333 of the FMRA, Energi Insurance Services , Inc. hereby requests a determination by the Secretary of Transportation authorizing commercial operations of UAS for the purposes of aerial photography & videography, aerial inspections, data collection, comm ercial videos and other work related to aerial photography in the NAS. Energi Insurance Services , Inc. does not intend to use for closed set filming. Flight operations will utilize t he “ DJI Phantom 2 Vision Plus ” unmanned aircraft. Conduct of UA operations will be with respect to FMRA Section 333(c) and the UAS “Blanket COA”.2 **TABLE OF CONTENTS**

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

.............................. ....................3
SUMMARY..................................................

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

INTRODUCTION AND INTERESTS OF PETIT IONER........................ .........................4
BACKGROUND.................................................................................

.. .............................. 4
BASIS FOR PETITION.......

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

NAME AND ADDRESS OF PETITIONER.............................................................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ENERGI INSURANCE
SERVICES , INC. SEEKS EXEMPTION............................................................8

THE EXTENT OF RELIEF ENERGI INSURANCE SERVICES , INC. SEEKS AND
THE REASON ENERGI INSURANCE SERVICES
, INC. SEEKS THE
RELIEF.....................11

THE REASONS WHY GRANTING ENERGI INSURANCE SERVICES , INC.’S REQUEST WOULD BE IN THE PUBLIC INTEREST .....................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY
AFFECT SAFETY..........................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUM ENTS AVAILABLE TO
SUPPORT ENERGI INSURANCE SERVICES , INC.’S REQUEST.......34

CONCLUSION........

.............................. ............................................................................35
APPENDICES......................................... ...............................................373 

### 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)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line Of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 **SUMMARY**

Energi Insurance Services , Inc. 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 Moderniz ation and Reform Act of 2012 (FMRA). This exemption will permit Energi Insurance Services , Inc. to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial videography and photography over
certain areas of the United States

.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**

Energi Insurance Services , Inc. is a leading provider of specialized insurance programs to targeted sectors of the energy industry in the United States and Canada. Our core insurance programs provide traditio nal property and casualty insurance coverage and related risk management. Our specialized insurance risk management expertise in the energy sector enables us to provide differentiated safety and loss prevention solutions and claims management services



### . The objective of Energi Insurance Services , Inc.’s aerial videography and photography operations is to provide high quality imaging for a variety of commercial and public uses, specifically targeting the following:

• Marketing Materials & Promotional Materials

• Short

- Form and Long

- Form Video Production

• High Resolution Real Estate and Appraisal Imagery

• Outdoor Event Video and Photo Coverage5 BACKGROUND

Unmanned Aircraft Systems: DJI Phantom Vision 2 Plus

Unmanned Aircraft Systems: DJI Phantom 2 Vision Plus , Energi Insurance Services, Inc.
seeks an ex emption to operate DJI Phantom 2 Vision Plus system for compensation or
hire w ithin the NAS. The DJI Phantom 2 Vision Plus is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone syste ms. The DJI Phantom 2 Vision Plus has a maximum

g ross weight of approximately 2.2 lb. , a diagonal motor

- motor distance of 350mm, and a maximum speed of approximately 15m/s and a maximum flying h eight of 400'. The DJI
Phantom 2 Vision Plus is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2 Vision Plus that will be operated by Energi Insurance Services, Inc. will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and will be marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Energi Insur ance Services, Inc. , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems
, hereby petitions the Administ rator to commercially operate the DJI Phantom 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).6 With consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Energi Insurance Services, Inc.’s operation
of DJI Phantom 2 Vision Plus 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, Energi Insurance Services, Inc . 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.

Energi Insurance Services, Inc . submits that the requested relief is proper since an equivalent level of safety will be ensured. Energi Insurance Services, Inc. will use experienced personnel or technicians to perform maintenance, alterations, or pr eventive
maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus Instruction Manual). Furthermore, Energi Insurance Services, Inc. will document and
maintain all maintenance records for the DJI Phantom 2 Vision Plus

.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Energi Insurance Services,
Inc. to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or hig her level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision Plus in a manner consistent with this

exem ption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.7 Energi Insurance Services, Inc. seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 2 Vision Plus does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Energi Insurance Services, Inc. submits that it will ensure that the DJI Phantom 2 Vision
Plus is in an airworth y condition, prior to every flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI
Phantom 2 Vision Plus Instruction Manual), and that the aircraft are in a condition for safe flight.

Energi Insurance Services, Inc. also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 Vision Plus will not have a typical barometric altimeter onboard. However, altitude information of the DJI
Phantom 2 Vision Plus 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, combin ed
with Energi Insurance Services, Inc.’s operation of the DJI Phantom 2 Vision Plus within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to
Section 91.121.

Additionally, Energi Insurance Services, Inc. seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Energi Insurance Services, Inc. submits that safety will not be affected by operation of the DJI
Phantom 2 Vision Plus during daylight hours in v isual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.8 In accordance with 14 C.F.R. § 11.81, Energi Insurance Services, Inc. provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Energi Insurance Services, Inc.

10 Centennial Dr, Suite 201

Peabody MA 01960

978

- 531

- 1822, ext. 815

Email: mcross@energi.com

B. The Specific Sections Of 14 C.F.R. From Which Energi Insurance Services, Inc. Seeks Exemption.

1. Energi Insurance Services, Inc. Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

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

subsec tions (a) and (b) prescribe the following, in relevant part:

(a) No person 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 may, 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.9 2. Energi Insurance Services, Inc. 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. Energi Insurance Services, Inc.**  **Seeks Exemption From The Requirements Of**
**Section 91.121.**

Section 91.121, entitled Altimeter set tings, subsection (a), states the following, in

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

--
(1) Below 1 8,000 feet MSL, to

--
(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reporte d 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 appropriate altimeter setting available before departure.

4. Energi Insurance Services, Inc. Seeks Exemption From The Requirements Of Section 91.151(b).

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

(b) No person may begin a flight in a rotorcraft un der VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at
least 20 minutes.10 5. Energi Insurance Services, I nc. 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) 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 in part 43 of this chapter[.]

6. Energi Insurance Services, Inc. Seeks Exemption From The Requirements Of Section 91.407(a)(1)

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

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

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

**7. Energi Insurance Services, Inc.**  **Seeks Exemption From The Requirements Of Sections 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

--

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

(2) An inspection for the i ssuance of an airworthiness certificate in accordance with part 21 of this chapter.11 **8. Energi Insurance Services, Inc.**  **Seeks Exemption 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 following records for the periods specified in paragraph (b) of this section:

(1) Records of th e maintenance, preventive maintenance, and alteration and records of
the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

--
(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for
return to service.

(2) Records containing the following information:

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

rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances
are maintained.

(v) The current status of applicable airworthiness directiv es (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and12 revision 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 and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded 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 shall be retained until the defects are repaired and the aircraft is approved for
return to service.

**C. The Extent Of Relief Energi Insurance Services, Inc.**  **Seeks And The Reason Energi Insurance Services, Inc.**  **Seeks The Relief.**

**1. Extent Of Relief Energi Insurance Services, Inc.**  **Seeks And The Reason Energi** 
**Insurance Services , Inc.**  **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 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 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.

As set forth more fully below, Energi Insurance Services, Inc. submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate
the DJI Phantom 2 Vision Plus unless that PIC has met certain flight

- hour and currency13 requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom
2 Vision Plus in a manner consistent with the operations specifications as described in this exemption, incl uding evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Energi Insurance Services, Inc. submits that all flights of the DJI Phantom 2
Vision Plus , conducted by the PIC pursuant to the grant of this Petition: (1) will be
incidental to Energi Insurance Services , Inc.’s business; and (2) will not carry passengers or property for compensation or hire.

**2. Extent Of Relief Energi Insurance Services, Inc.**  **Seeks And The Reason**  **Energi Insurance Services, Inc. Seeks Relief From Section 91.7(a).** 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Energi Insurance Services, Inc. to determine that the DJ I
Phantom 2 Vision Plus is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and
DJI Phantom 2 Vision Plus Instruction Manual).

Energi Insurance Services, Inc. seeks the requested relief because the DJI Phantom 2
Vision Plus does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Energi Insurance Services, Inc. will ensure that the DJI
Phantom 2 Vision Plus is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus Instruction Manual) prior to every flight, and further, determine that the aircraft is in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent Of Relief Energi Insurance Services, Inc.**  **Seeks And The Reason Energi Insurance Services, Inc.**  **Seeks Relief From Section 91.121.**

Relief from Section 9 1.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 2 Vision Plus , which utilizes a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink
altitude information fro m the UA to the PIC at the ground 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), Energi Insurance Services,
Inc. seeks the req uested relief because the DJI Phantom 2 Vision Plus ’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field14 altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the 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 Vision Plus is equi pped with a barometric pressure 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 Energi Insurance Services, Inc.**  **Seeks And The Reason Energi Insurance Services, Inc.**  **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 DJI
Phantom 2 Vision Plus during daylight hours in visual meteorological conditions (VMC),

un der visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5
minutes. Energi Insurance Services, Inc. seeks the requested relief because w ithout an exemption from Section 91.151(b), the flight time duration of the battery powered DJI
Phantom 2 Vision Plus will severely constrain the practicality of any aerial video or still photo flight operations that Energi Insurance Services, Inc. propose s to conduct pursuant
to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2
Vision Plus , the DJI Phantom 2 Vision Plus operating documents, and Energi Insurance
Services , Inc.’s proposed operating lim itations, ensure that Energi Insurance Services,
Inc. will safely operate the battery powered DJI Phantom 2 Vision Plus during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), 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 fly after that for at least 4.5
minutes.15 **5. Extent Of Relief Energi Insurance Services, Inc.**  **Seeks And The Reason Energi Insurance Services, Inc.**  **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 aircraft with an airwort hiness certificate, Energi Insurance Services, Inc. requests relief from these Sections because the DJI Phantom 2 Vision Plus does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2
Vision Plus meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Energi Insurance Services, Inc. will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and prac tices prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus Instruction Manual). Furthermore, Energi Insurance Services, Inc. will document and maintain all maintenance
records for the DJI Phantom 2 Vision Plus

.
**D. The Reasons Why Granting Energi Insurance Services, Inc.**  **Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.** 

Granting the present Petition will further the public interest by allowing Energi
Insuran ce Services, Inc. to safely, efficiently, and economically perform aerial videography and photography for a variety of purposes over certain areas of the United
States.

Additionally, use of the DJI Phantom 2 Vision Plus will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the
benefits of Energi Insurance Service s, Inc. ’s proposed operation of the DJI Phantom 2
Vision Plus will be realized without implicating any privacy issues.16 **1. The Public Will Benefit From Decreased Congestion Of The NAS.**

The DJI Phantom 2 Vision Plus is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally 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 Vision Plus would reduce the amount of manned aircraft in the NAS, reduce noise 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 Vision Plus does 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 control 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 Vision Plus**

**.**
Conducting aerial acquisitions with the DJI Phantom 2 Vision Plus , instead of manned aircraft, will greatly be nefit 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 electric motors, the DJI Phantom 2 Vision Plus produces no air poll ution, 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 and photography, while burning approximately 20

- 30 gallons per hour of lea ded
aviation fuel. The DJI Phantom 2 Vision Plus , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA is propelled by battery powered electric motors, rather than an internal combustion engine.

By usi ng the DJI Phantom 2 Vision Plus to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or comple tely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the
DJI Phantom 2 Vision Plus (weighing approximat ely 2 pounds 2 ounces and with no fuel on board), has less physical potential for collateral damage to life and prop erty on the ground, and in the air, compared to the manned aircraft that typically conduct similar17 operations (weighing approximately 6,000 pounds and a fuel capacity of 180 gallons).

**3. Performing Aerial Video and Photography Operations With The DJI** 
**Phantom 2 Vision Plus Vision+ and DJI Inspire 1 UASs Will Benefit The Economy.** 

In addition to being safe and efficient, the DJI Phantom 2 Vision Plus is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 Vision Plus will allow United States based companies, like Energi Insurance Services , to remain competitive and contri bute to growth of the U.S. economy. Specifically, with the general trend of rising aviation fuel costs and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new an d alternative technology in order to remain competitive. Operating the battery powered DJI
Phantom 2 Vision Plus is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibilit y without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 2 Vision Plus , companies such as Energi Insurance
Services , Inc., can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial
use of the DJI Phantom 2 Vision Plus , provides a stable workforce that increases

consumer spe nding; 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.18 **4. There Are No Privacy Issues.**

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Energi Insurance Services , Inc.’s proposed operation of the DJI Phantom 2
Vision Plus Vision+ will not implicate any privacy issues. Specifically, the DJI Phan tom 2 Vision Plus will be operated only in compliance with operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

**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**  **Energi Insurance Services, Inc. Seeks**  **Exemption.**

**1. Reasons Why The DJI Phantom 2 Vision Plus**  **Meets The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.** 

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Energi Insurance Services , Inc.’s operation of the
DJI Phantom 2 Vision Plus meets the conditions of FMRA Section 333, and will not require an airworthiness certificate 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

--19 (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national
air space system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate 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 Secretary 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 seeking this exemption, Energi Insurance Services, Inc. submits that the DJI
Phantom 2 Vision Plus can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision Plus ; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 2 Vi**  **sion Plus Demonstrate**  **s Its Safe** 
**Characteristics.**

The DJI Phantom 2 Vision Plus does not create a hazard to users of the 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 Vision Plus** 

**.**

The t echnical specifications of the DJI Phantom 2 Vision Plus are set forth by the DJI
Phantom 2 Vision Plus Specifications and Data Sheet, attached hereto as Exhibit A.

**ii. The DJI Phantom 2 Vision Plus**  **Autonomous Flight And Navigation Modes**
**Enable The UAS To Remain Within A Defined Operational Area.** 

The DJI Phantom 2 Vision Plus 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 Vision Plus is provided starting at page 5 of the DJI Phantom User Manual, attached hereto as Exhibit B.20 **iii. The DJI Phantom 2 Vision Plus**  **Vision+ and DJI Inspire 1 UASs 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 Vision Plus will remain stationary, in flight, for 3 seco nds or more. If, after 3 seconds, the DJI Phantom 2 Vision Plus does not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the UA 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 Vision Plus is set forth at pages 25 through 26 attached hereto as Exhibit B.

**iv. The DJI Phantom 2 Vision Plus**  **GCS And Its Operation.**

A complete description of the operation and specifications of the DJI Phantom 2
Vision Plus GCS and flight control software is provided at pages 14 through 19 of the
DJI Phantom 2 Vision Plus User Manual. The DJI Phantom 2 Vision Plus User Manual is

at tached hereto as Exhibit B.21 **b. Flights Of DJI Phantom 2 Vision Plus**  **Will Be Conducted Pursuant To Specific Operating Limitations.** 

In seeking this exemption, Energi Insurance Services, Inc. proposes to commercially
operate DJI Phantom 2 Vision Plus for the special purpose of conducting aerial videography 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 l imited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision Plus Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petit ion 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 UA may not be flown at an indicated airspeed exceeding 20 knots.

4 . The UA must be operated at an altitude of no more than 500 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
f eet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than
corrective lenses.

6. The use of first person view (FPV) by the P IC 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. Electr onic 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 prescribe d in the operating documents.22 8. The SO must not perform any other duties beyond assisting 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 instrument s.

9. The operating documents and the grant of exemption must be accessible during UAS operations 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 contained 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 exempti on. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates 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 prohibited 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
Statio n must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. A n y 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 conducts 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 operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and lif e limit requirements.23 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must
be noted in the aircraft records, including time in service, description of work accomplished, and the signature of the authorized person returning the UAS to
service.
15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletin s. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.
17. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification cr iteria 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 and 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

co nducted 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 nonpar ticipants in accordance with 14 C.F.R. § 91.119.
18. 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 special req uest will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.
19. The UA may not operate within 5 nautical miles of an airport reference point as
denoted on a current FAA

- publ ished 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 be made available to the Administrator upon request.

20. 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 the24 PIC.

21. 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.

22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies
in accorda nce with the operating documents.

23. 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 wit h 25% battery power remaining.

24. 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 to 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, altitude level and potential transponder requirements.

25. 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, Sub part C. Markings must be as large as practicable.

26. 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 appropriate government oversight a gency requirements.

27. The documents required pursuant to 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.25 28. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

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

30. 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 nonparticipa ting 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 protection and are within 500
feet of t he 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 PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

31. Al l 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 b e conducted.

32. 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.
Accident s must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.26 **2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.** 

Energi Insurance Services, Inc. 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 Vision Plus unless that PIC has demonstrated, by meet ing minimum flight

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

Considering Energi Insurance Services , Inc.’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commerc ial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 Vision
Plus
, Energi Insurance Services, Inc. submits that the additional manned airmanship experience of a commercially certificated p ilot would not correlate to the airmanship skills necessary for Energi Insurance Services , Inc.’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 respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Energi Insurance Services, Inc. will not allow any PIC to operate the DJI Phantom 2
Vision Plus UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 2 Vision Plus training and currency requirements, that the PIC is able to safely operate th e DJI Phantom 2 Vision Plus 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 log ged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a 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 operations under the exemption). In add ition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency27 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 Energi Insurance Services , Inc.’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations wo uld 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 minim um of 5 hours as a UAS pilot operating the same make and model 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 the 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

- hour 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 compliance 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 f light time. During training, proficiency, and experience

- building 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, Energi Insurance Servi ces, Inc. will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision Plus 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 Visi on Plus in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.28 **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.** 

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Energi Insurance Services, Inc. wi ll ensure that the DJI
Phantom 2 Vision Plus Vision+ or DJI Inspire 1 UAS is in 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 prev iously 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 established by Section 91.121 will be maintained
because the altitude i nformation of the DJI Phantom 2 Vision Plus 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 active monitoring of the flight path and altitude.
This altitude informatio n, combined with Energi Insurance Services , Inc.’s operation of
the DJI Phantom 2 Vision Plus within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by G PS 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 granted 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.**29 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 Vision Plus ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Energi Insurance Services, Inc. will ensure that it will safely operate the battery powered DJI Phantom 2 Vision Plus 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 fly after that for at least 4.5 minutes.

Here, as in Exemp tion No. 11109, the technical specifications of the DJI Phantom 2
Vision Plus ; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R.
Section 91.151 (b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision Plus 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, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom will descend and land automatically.

Significantly, 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 those 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**30 **Safety.**

In seeking this exemption, Energi Insurance Services, Inc. submits that the equivalent level of safety with regard to the regulatory maintenance and alteration 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 Energi Insurance Services, Inc. will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practice s prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus Instruction Manual). Furthermore, Energi Insurance Services, Inc. will document and maintain all maintenance
records for the DJI Phantom 2 Vision Plus

.

Since the DJI Phantom 2 Vision Plus will be inspected as prescribed by the operating documents, Energi Insurance Services, Inc. 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 t he DJI
Phantom 2 Vision Plus User Manual is attached hereto as Exhibit B; a copy of the DJI
Phantom 2 Vision Plus Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Energi Insurance Services, Inc. will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices 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 Vision Plus will be performed by trained technicians. Maintenance will be
documented and maintained utilizin g 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 characteris tics and operating limitations of the
UAS are considered.

In consideration of Energi Insurance Services , Inc.’s proposed operating limitations,31 the operating documents, and the technical aspects of the DJI Phantom 2 Vision Plus
, Energi Insurance Services, Inc. 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 has 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, 11158, 11159, 11160, 11161).

**7. The FAA May Prescribe Any Oth er 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, Energi Insurance Services,
Inc. requests that the FAA prescribe special conditions for the intended operation of the
DJI Phantom 2 Vision Plus , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 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 UAs for the limited purpose of conducting 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 threat 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.32 Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 Vision Plus , 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, aircraft 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 wi th 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.

Therefor e, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Energi Insurance Services , Inc.’s intended operation
of the DJI Phantom 2 Vision Plus , which contains such safety standards that the
Administrator fi nds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 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).

**F. A Summa ry That Can Be Published In The Federal Register, stating: The Rules** 
**From Which Energi Insurance Services, Inc.**  **Seeks Exemption:**

Energi Insurance Services, Inc. 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).33 **A Brief Description Of The Nature Of The Exemption Energi Insurance**  **Services, Inc. Seeks:** 

This exemption will permit Energi Insurance Services, Inc. to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

**G. Any Additional Information, Views, Or Arguments Available To Support** Energi
Insurance Services **, Inc.’s Request.**

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Energi Insurance Services , Inc.’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 above.

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 threat to national security; and further, provides the authority for such UAS to operate without
airworth iness certification.

As discussed in detail above, Energi Insurance Services, Inc. will operate the DJI
Phantom 2 Vision Plus safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national sec urity.

**CONCLUSION**

As set forth herein, Energi Insurance Services, Inc. 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 Vision Pl us commercially, 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 of the public, by allowing Energi Insurance Services, Inc. to safely, efficiently, and economically operate the DJI Phantom 2 Vision Plus commercially within the NAS.34 **WH EREFORE**  , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Energi Insurance Services, Inc. respectfully requests that the Administrator grant this Petition for an exemption from the requireme nts 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), and permit Energi Insurance Services, Inc. to operate the DJI Phantom 2 Vision Plus commercially for the purpose of c onducting aerial video and photography over certain areas of the United
States.

Dated: January 20, 2016

Respectfully submitted,

Energi Insurance Services, Inc.

_________________________ Energi Insurance Services, Inc.

10 Centennial Dr, Suite 201

Peabody, MA 01960

Appendices:

A

– DJI Phantom 2 Vision Plus Specifications Data Sheet B

– DJI Phantom 2 Vision Plus
Manufacturer’s User Manual C

– Monthly Maintenance Log