UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

R egulatory Docket No. : _______________________

I N THE MATTER OF THE PETITION FOR EXEMPTION OF:

KEANU KUNA

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TI TLE 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 3 PROFESSIONAL, DJI S800 EVO, AND DJI INSPIRE 1 UNMANNED AIRCRAFT

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112 -95)

Submitted on July 29 , 2015

KE ANU KUNA 415 Uluniu Street, Suite C Kailua, Hawaii 96734 keanu.kuna@gmail.com

1TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS

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

SUMMARY

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

INTRODUCTION AND INTERESTS OF PETITIONER

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

BACKGROUND

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

BASIS FOR PETITION

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

NAME AND ADDRESS OF PETITIONER

................................ ................................ ............... 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH KEANU KUNA SEEKS

EXEMPTION

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

THE EXTENT OF RELIEF KEANU KUNA SEEKS AND THE REASON KEANU

KUNA SEEKS THE RELIEF.....

. ................................ ................................ .................. 10

THE REASONS WHY GRANTING KEANU KUNA’S REQUEST WOULD BE IN

THE PUBLIC INTEREST ..

. ................................ ................................ ........................... 12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT AD VERSELY

AFFECT SAFETY

................................ ................................ ................................ .......... 14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

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

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT KEANU KUNA ’S REQUEST....

................................ ................................ ............. 27

CONCLUSION

................................ ................................ ................................ ............................ 27

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

........ 30

2GLOSSARY 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

VFR

................................ ..... Visual Flight Rules

VLOS

................................ .. Visual Line of Site

VMC

................................ ... Visual Meteorological Conditions

VTOL

................................ ... Vertical Takeoff and Landing

3SUMMARY

KEANU KUNA 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 KEANU KUNA

to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, and landscape over certain areas

of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

KEANU KUNA provides his clients with expertise and knowledge in advanced technologies

and solutions to increase efficiency, productivity and effectiveness. KEANU KUNA has hundreds of hours flying experience. He has over 5 years recreational/hobby experience in all aspects of aerial video and photography. The objective of KEANU KUNA and his aerial operations is to provide high quality imaging for a variety of commercial , public, and residential

uses, s pecifically targeting:

• Construction sites before and after

• Ocean sports filming

• Appraisals

• Real

- estate marketing

• Motion Picture Filming

• Aerial acquisitions used for inspections of public and private structures.

• Search and Rescue operations

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional

, DJI S800 EVO, DJI Inspire 1 UASs

KEANU KUNA seeks an exemption to operate DJI systems for compensation or hire within the

NAS. The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing

electronic tablet or smart phone systems.

• The DJI Phantom 3 Professional has a maximu m gross weight of approximately 2 pounds 13 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 31 knots.

• The DJI S800 EVA has a maximum gross weight of 14 pounds 11.2 ounces, a length of 31.5 inches, width of 31.5 inches, height of 12.6 inches, and a maximum speed of

4approximately 56.4 knots.

• The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots.

• The DJI Phantom 3 Professional and DJI Inspire 1UAs are equipped with four main

rotors; DJI S800 EVO has six main rotors driven by Lithium Polymer battery powered

electric motors.

The DJI Phantom 3 Professional, D JI S800 EVO, and DJI Inspire 1 UAs that will be operated by KEANU KUNA 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 marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, KEANU KUNA , 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 Administrator to commercially operate the DJI Phantom 3 Professional , DJI Inspire 1 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

unmanned aircraft and its operation, KEANU KUNA operation of DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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, KEANU KUNA r equests 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.

KEANU KUNA submits that the requested relief is proper since an equivalent level of safety

will be ensured. KEANU KUNA will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniq ues, and practices prescribed in the operating documents (i.e. DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 Instruction Manual and Maintenance Manual ). Furthermore, KEANU KUNA will document and maintain all maintenance records for the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges

and limitations: Pilot in command , is requested by KEANU KUNA to the extent necessary to
all ow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an

5airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and

currency requirements, that the PIC is able to safely operate the DJI P hantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

KEANU KUNA seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because

the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, KEANU

KUNA submi ts that he will ensure that the DJI Phantom 3 Professional and DJI Inspire 1UASs

are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e. DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 Instruction Manual and Maintenance Manual )

, and that the aircraft are in a condition for safe flight.

KEANU KUNA also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UAs

will not have a typical barometric altimeter onboard. However, altitude information of the DJI

Phantom 3 Professional and DJI Inspire 1UAs will be provided to the PI C 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 KEANU KUNA ’s operation of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, KEANU KUNA seeks an exemption from the requirements of Sectio n 91.151(b),

entitled Fuel requirements for flight in VFR conditions

. KEANU KUNA submits that safety will

not be affected by operation of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire

1 UAs during daylight hours in visual meteorological con ditions (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.

In accordance with 14 C.F.R. § 11.81, KEANU KUNA 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:

KEANU KUNA

415 Uluniu Street, Suite C Kailua, Hawaii 96734 Keanu.kuna@gmail.com

B. The Specific Sections of 14 C.F.R. From Which KEANU KUNA Seeks Exemption.

61. KEANU KUNA Seeks Exemption from 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 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 emp loyment 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. KEANU KUNA Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, en titled Civil aircraft airworthiness , subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. KEANU KUNA 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 flight 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; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the curr ent 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 appropriate altimeter setting available before departure.

4. KEANU KUNA Seeks E xemption From The Requirements Of Section 91.151(b).

7Section 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 under 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.

5. KEANU KUNA Seeks Exemption From The Requirement Of Section

91.40 5(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, exc ept as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. KEANU KUNA 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 maintenance, rebuilding, or alteration unless

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

7. KEANU KUNA 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 issuance of an airworthiness certificate in accordance with part 21 of this chapter.

88. KEANU KUNA Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Sec tion 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 the maintenance, preventive maintenance, and alteration and

records of the 100

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

--

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

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

(iii) The signature, and certificate number of the person approving the aircraft

for return to service.

(2) Records containing the following information:

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

each rotor.

(ii) The cur rent 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 inspect ion status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

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

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

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

(1) The records specified in par agraph (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 airc raft 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 Re lief KEANU KUNA Seeks And The Reason KEANU KUNA Seeks

The Relief.

1. Extent Of Relief KEANU KUNA Seeks And The Reason KEANU KUNA 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 pilot or higher level certificate, as well as a current and valid airman 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 PIC of an aircraft in connecti on 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, KEANU KUNA submits that an equival ent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely ope rate either the DJI Phantom 3 Professional, DJI S800 EVO, or DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, KEANU KUNA submits that all flights of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1)

will be incidental to KE ANU KUNA’s business; and (2) will not carry passengers or property for compensation or hire.

102. Extent Of Relief KEANU KUNA Seeks And The Reason KEANU KUNA Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthi ness, is requested to the extent required to allow KEANU KUNA to determine that the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operati ng documents (i.e. DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 Instruction Manual and Maintenance Manual )

.

KEANU KUNA seeks the requested relief because the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, KEANU KUNA will ensure that the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e. DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 Instruction Manual and Maintenance Manual ) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and

limitat ions below.

3. Extent Of Relief KEANU KUNA Seeks And The Reason KEANU KUNA

Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from 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), KEANU KUNA seeks the requested relief because the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UA’s altimeter may b e 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 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 3 Professional, DJI S800 EVO, and DJI Inspire 1 UAs are equipped with a barometric

pressure senso r 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 KEANU KUNA Se eks And The Reason KEANU KUNA Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is

11requested to the extent required to allow flights of the battery powered DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising sp eed, to fly after

that for at least 4.5 minutes.

KEANU KUNA seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UAs wil l severely constrain the practicality of any aerial video or still photo flight operations that KEANU KUNA proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 Professional,

DJI S800 EVO, and DJI Inspire 1 UASs, the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 operating documents, and KEANU KUNA’s proposed operating limitations, ensure that KEANU KUNA will safely operate the battery powered DJI Phantom 3 Profession al, DJI S800 EVO, and DJI Inspire 1 UAs 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, assu ming normal cruising speed, to fly

after that for at least 4.5 minutes.

5. Extent Of Relief KEANU KUNA Seeks And The Reason KEANU KUNA 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 airworthiness certificate, KEANU KUNA requests relief from these Sections because the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs do not requir e airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, KEANU KUNA will use t rained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e. DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 Instruction Manual and Maintenance Manual )

. Furthermore, KEANU KUNA will document and maintain all maintenance records for the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs.

D

. The Reasons Why Granting KEANU KUNA Request Would Be In Th e Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing KEANU KUNA to safely, efficiently, and economically perform aerial video and photography of construction si tes

, ocean sports, real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the

12economy. Notably, the benefits of KEANU KUNA’s proposed operation of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased C ongestion Of The NAS.

The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing th e amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 Professional, DJI S800 EVO, or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as w ell 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 Phanto m 3 Professional, DJI S800 EVO, and DJI Inspire 1 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 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 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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 electric motors, the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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 and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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 3 Professional, DJI S800 EVO, an d DJI Inspire 1 UASs 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 completely elimina ted. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weight s 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 collateral damage to life and property on the ground, and in the air, compared to the ma nned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of

13approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs are also an economical alternative to using manned a ircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs will allow United States based companies, like KEANU KUNA, to remain competitive and contribute to growth of the U.S. e conomy. 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 remain competitive. Operating the battery powered DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility wi thout the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs, companies such as KEANU KUNA, can remain competitive and profitable, and therefore, provide greater job st ability 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 3 Professional, DJI S800 EVO, and DJI Inspire 1 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, KEANU KUNA’s proposed operation of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs will not implicate any privacy issues. Specif ically, the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e. DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1

Instruction Manual and Maintenance 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 KEANU KUNA Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1

UAs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA)

Section 333.

14In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, KEANU KUNA’s operation of the DJI Ph antom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs meet 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 witho ut 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 na tional 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) 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 n ot create a hazard to users of the national airspace 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 n ational airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, KEANU KUNA submits that the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific

op erating limitations.

a. The Specifications Of The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs Demonstrate Its Safe Characteristics.

15The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs do 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 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs.

The technical specifications of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs are set forth by the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 User Manuals, attached hereto as Appendix A, B, and C

.

ii. The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs may be operated in both manual an d fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs is provided at pages 25

- 35 of the DJI Phantom 3 Professional and pages 12

- 16 and 45

- 50 of t he DJI Inspire 1 User Manuals, attached hereto as Appendix A, B, and C

.

iii. The DJI Phantom 3 Professional, DJI S800 EVO, 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 3 Professional, DJI S800 EVO, and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire

1 UAs do not reacquire control link data from the GCS, 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 descripti on of the Failsafe Functions of the DJI Phantom 3 Professional UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 User Manuals, attached hereto as App endix A, B, and C

.

iv. The DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3

16Professional, DJI S800 EVO, and DJI Inspire 1 GCS and flight co ntrol software is provided at pages 32 through 43 of the DJI Phantom 3 Professional User Manual and pages 40 through 47 of the DJI Inspire 1 User Manual. DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 User Manuals ar e attached hereto as Append ix A, B, and C

.

b. Flight Operations Of DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

KEANU KUNA will be the only person to act as a pilot in c ommand (PIC) of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs. Additionally, a safety observer will assist him during flight time.

c. Flights Of DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1

UASs Will Be Conducted Purs uant To Specific Operating Limitations.

In seeking this exemption, KEANU KUNA proposes to commercially operate DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs for the special purpose of conducting aerial video and photography over certai n 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 poun ds maximum gross weight: DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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 UAs 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 i ndicated 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. T his requires the PIC to be able to use human vision unaided by any device 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 or safety observer (SO) is not permitted

.

177. 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 textin g 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 docum ents.

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

instruments.

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 oper ating 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 opera ting 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 (A FS

- 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 Station must be included in the preflight inspection. All maintenance and alterations must be properly

documented 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 und ergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

1812. 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 life limit requirements.

14. The operator must carry out its maintenance, in spections, 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 total time in service, descrip tion 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 Bulletins.

16. The authorized person must make an entry in the aircraft recor d 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 current

third

- class medical certificate.

18. The operator may not permit any PIC to operate unles s 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 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 exempti on. 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 opera te the UA with appropriate distance from nonparticipants 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 special 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 ref erence 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

19conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreem ent with the airport management must be 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 event of unpre dicted obstacles or emergencies 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 landi ng point and land the UA with 25% battery power remaining.

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 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 clas s of airspace, altitude 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 appropriate 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 avai lable 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.

2030. The UAS may not be operated by the PIC from any moving device or v ehicle.

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 su fficiently 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 protecti on 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 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 person s per § 91.119(a).

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

obtaine d 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) with in 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.

KEANU KUNA 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 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs unless that P IC has demonstrated, by meeting minimum flight

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

the DJI Phantom 3 Professional, DJI S800 EVO, or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emerge ncy maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

21Considering KEANU KUNA’s proposed area of operations, and the operating limitations set

forth

- above; the parallel nature of private pilot aeronautical knowl edge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 Professional, DJI S800 EVO, or DJI Inspire 1 UAS,

KEANU KUNA submits that the additional manned a irmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for KEANU KUNA’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).

KEANU KUNA will not allo w any PIC to operate the DJI Phantom 3 Professional, DJI S800 EVO, or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3 Professional, DJI S800 EVO, or DJI Inspire 1 UAS training

and currenc y requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional, DJI S800 EVO, or DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from peopl e, vessels,

vehicles and structures.

Specifically, the PIC must have accumulated and logged, 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 operat ing the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, a nd 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during KEANU KUNA’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), t he 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 model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive r ather 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 takeoff s and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour

22requirements 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 unde r the grant of exemption to accomplish the required flight 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, KEANU KUNA will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 Professional, DJI S800 EVO, or DJI Inspire 1 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 3 Professional, DJI S800 EVO, or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive 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 established by Section 91.7(a) will be maintained because prior to every flight, KEANU KUNA will ensure that the DJI Phantom 3 Professional 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 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 established by Section 91.121 will be maintained because the

altitude information of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 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 active monitoring of the flight path and altitude.

This altitude information, combined with KEANU KUNA’s operation of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitu de 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 granted relief from Section 91.121 spe cific to UAS, in circumstances

23similar, 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. Reaso ns 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 specificati ons of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, KEANU KUNA will ensure that it will safely operate the battery powered DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UAs 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 cruis ing speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs; the limitations on the proposed flight operations; and

the locati on 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 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs provide audible and visual warn ings 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 Vision+ and DJI Inspire 1 UASs 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 limitation s 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, 1 1159, 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, KEANU KUNA 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 KEANU KUNA will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the

24operating documents (i.e. DJI Phantom 3 Professional, DJI S800 EVO, an d DJI Inspire 1

Instruction Manual and Maintenance Manual ) . Furthermore, KEANU KUNA will document and maintain all maintenance records for the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs.

Since the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, KEANU KUNA 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 3 Professional, DJ I S800 EVO, and DJI Inspire 1 User Manuals are attached hereto as Appendix A, B, and C ; a copy of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UAS Maintenance Log is attached hereto as Appendix D

.

Likewise, the exemption sought will not adversely affect safety because KEANU KUNA 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 exemptio n 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 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs will be performed by trained technicians.

Mainten ance 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 advers ely affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of KEANU KUNA’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs, KEANU KUNA 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 sp ecific 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 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, KEANU KUNA requests that the FAA prescribe special c onditions for the intended operation of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs, 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 wheth er a UAS will create a hazard to users of the NAS or the

25public, 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.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs, since the airwo rthiness 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 air worthiness 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 speci al 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 le vel of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Phanto m 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs, 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 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 In The Federal Register, stating: The Rules From Which KEANU KUNA Seeks Exemption:

KEANU KUNA 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 KEANU KUNA Seeks:

This exemption will permit K EANU KUNA 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

KEANU KUNA’s Re quest.

26T his 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, KEANU KUNA’s request for exemptio n may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

F MRA 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.

A s discussed in detail above, KEANU KUNA will operate the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs safe ly in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

A s set forth herein, KEANU KUNA 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 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs 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 allowi ng KEANU KUNA to safely, efficiently, and economically operate the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs commercially within the NAS.

W HEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, KEANU KUNA respectfully requests that the Administrator grant this Petition for an 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), and permit Leading Edge to operate the DJI Phantom 3 Professional, DJI S800 EVO, and DJI Inspire 1 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: July 29 , 2015

27

# Appendix A

– DJI Phantom 3 Professional Manual

# Appendix B

– DJI S800 EVO Specifications Data Sheet

# Spreading Wings S800 EVO

User Manual

V 1. 1 0

Februar y 0 7 , 201 4 Revision

www.dji.com

### Profile

S800 EVO is a multi

- rotor designed for aerial photograph which integrates reinforced mechanical structures,

stabilized dynamical system and high

- efficiency power supply. I ntegrated de signs make assembly and configuration

become especially easy and fast ; retractable landing gear, fold able propellers and collapsible GPS Mount are

conveniently portable for optimal user experiences. Retractable landing gears and vibration dampers coordinat e to

create omnidirectional aerial view and high quality photograph. Combined with professional DJI multi

- rotor

autopilot system S800 EVO will achieve hovering, cruising and other steady flight elements, which can be applied

for aerial photography and othe r aero

- modeling activities.Specifications

Frame

Diagonal Wheelbase 800mm

Frame Arm Length 350 mm

Frame Arm Weight

( with Motor, ESC, Propeller ) 3 56 g

Center Frame Diameter 240mm

Center Frame Weight 5 5 0g

Landing Gear Size 460mm(Length)×425mm(Width)×320mm(Height)

(Top width: 155mm)

Retractable Landing Gear Weight

(Including Battery Tray) 10 5 0g

Motor

Stator Size 41×14mm

KV 400rpm/V

Max Power 50 0W

Weight ( with Cooling Fan) 158g

ESC

Current 40A OPTO

Voltage 6S LiPo

Signal Frequency 30Hz ~ 450Hz

Drive PWM Frequency 8KHz

Weight (with R adiators ) 35 g

Foldable Propeller ( 1552 )

Material E ngineering plastic

Size 15× 5.2 in ch

Weight 1 3 g

Flight Parameters

Takeoff Weight 6.0Kg ~ 8.0 Kg

Total Weight 3 .7 Kg

Power Battery LiPo (6S

、 10000mAh~15000mAh

、 15C(Min))

Max Power Consumption 30 00W

Hover Power Consumption 800W(@ Takeoff Weight 6.7Kg)

Hover Time Max: 20 min (@15000mAh&6.7KgTakeoff Weight)

Working Environment Temperature

- 10 ~ +40 o C

# Appendix C

– DJI Inspire 1 Specifications Data Sheet

# Appendix D

– Maintenance LogsPhantom3MaintenanceLogFrequencyBatteriescheckforswelling pre‐flightcheck&cleancontactpins pre‐flightCheckbatteryvoltage pre‐flightChecksparebatteryvoltage pre‐flightAircraftcheckscrewsonbody pre‐flightcheckbodyforcracks pre‐flightcheckfreespinofmotors pre‐flightchecklandinggear pre‐flightcheckrubberdampersforcameragimbal pre‐flightverifythatanti‐droppinsarefittted pre‐flightcheckgimbalmovement pre‐flightcheckandcleanVPSsensors pre‐flightcheckpropsfordamageandwear pre‐flightCheckDJIS800EVOMaintenanceLogFrequencyBatteriescheckforswelling pre‐flightcheck&cleancontactpins pre‐flightCheckbatteryvoltage pre‐flightChecksparebatteryvoltage pre‐flightAircraftcheckscrewsonbody pre‐flightcheckbodyforcracks pre‐flightcheckfreespinofmotors pre‐flightchecklandinggear pre‐flightcheckrubberdampersforcameragimbal pre‐flightverifythatanti‐droppinsarefittted pre‐flightcheckgimbalmovement pre‐flightcleanprops postflightcheckpropsfordamageandwear pre‐flightsecureordetachgimbal postflightTransmittercheckfailsafe 2flightscheckgimbalcontrolspre‐flightcheckflightmode(GPS,GPSAtti) pre‐flightcheckshuttertrigger pre‐flightchecklandinggearoperation pre‐flightcheckvideolink pre‐flightCheckDJIInspire1MaintenanceLogrefertoattachedDJIInspire1maintenancemanualFrequencyBatteriescheckfordamage 50flightscheckbatterypins 50flightscheckpowerconnectorsfordamage 50flightscheckforgoodbatterycontact 50flightscheckelectrodesonbattery50flightscheckscrewsonbatterybracket 50flightscheckpowercablestoESC 50flightscheckvoltageofbattery 50flightsTransformationSystemcheckservocablesforwear 50flightscheckleadscrews 50flightslistentoservomotorsduringoperation 50flightschecklandinggearscrewsandbearings 50flightschecktheleadscrews 50flightsAircraftcheckthatscrewsaretightened 50flightscheckbodyforbreaksordamage 50flightscheckdampersonlandinggear 50flightscheckcarbontubesofarmfordamage 50flightscheckGPSforobstacles 50flightscheckthatlandinggearskidsarealigned 50flightsMotorscheckthatrotorsaresnug 50flightslistentomotoroperationw/oprops 50flightscheckvibrationofalignmentofshaft 50flightscheckgapbetweenmotorandbase 50flightscheckscrewsofmotorbase 50flightsCheckPropscheckalignmentofprops 50flightscheckspinoutlineduringoperation 50flightsIMUcheckIMUinapp 50flightscheckfaninfrontofaircraft 50flightsControlandVideoTx/Rxcheck4antennaeonlandingaresecure 50flightscheckantennaeonRC 50flightscheckneckstrap 50flightsGimbalandCameracheckquick‐mountconnectoroncamera 50flightscheckmetalconnectorsonquick‐mount 50flightscheckcontactpinsonquick‐mount 50flightsconfirmgimbalcanstabilize 50flightslistenforabnormalnoise 50flightsVPS(VisionPositioningSystem)checkcameralens 50flightschecksensorsarefreeandclean 50flightscheckthatVPSissnug 50flightscheckthatP‐OPTImodeactivates 50flights