Page | 1 

### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC



## IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

AEROPHOTO AMERICA
FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE

OF FEDERAL REGULATIONS SECTION 21, SUBPART H; §45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103 (b), 91.109, 91.119, 91.121, 91.151(b), 91.203 (a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) & (b),

CONCERNING COMMERCIAL OPERATION OF DJ I PHANTOM VISION 2+ AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION

AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted, November 30, 2015

Ronald B. Brown Aerophoto America 2415 Spinnaker Ct Virginia Beach, VA 23451

Tel: (757) 481

- 3283 aerophotoamerica@gmail.comPage | 2 

## TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS pg. 3

OVERVIEW pg. 4

INTRODUCTION AND INTERESTS OF PETITIONER pg. 4

BACKGROUND pg. 4

BASIS FOR PETITION pg. 5

NAME AND ADDRESS OF PETITIONER pg.5

THE SPECIFIC SECTIONS OF 14 C

. F

. R FROM WHICH AEROPHOTO AMERICA SEEKS EXEMPTION pg. 6

THE EXTENT OF RELIEF AEROPHOTO AMERICA SEEKS AND THE REASON AEROPHOTO AMERICA SEEKS THE

RELIEF pg. 7

THE REASONS WHY GRANTING AEROPHOTO AMERICA’S REQUEST WOULD BE IN THE PUBLIC INTEREST pg. 10

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY pg.10

FLIGHTS OF DJI PHANTOM VISION 2+ CONDUCTED PERSUANT TO SPECIFIC OPERATION LIMITATIONS pg.12

REPORTING OF INCIDENTS AND/OR ACCIDENTS pg.14

SUMMARY THAT CAN BE PU BLISHED IN THE FEDERAL REGISTER pg. 1 4

CONCLUSION pg.15

APPENDIX SECTIONS pg.16Page | 3 

## 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

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 LandingPage | 4 

## OVERVIEW

Aerophoto America seeks exemption from the requirements of 14 C.F.R. 21, subpart H; §45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103 (b), 91.109, 91.119, 91.121, 91.151(b), 91.203 (a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.41 7(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 Aerophoto America to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and pho tography of agricultural lands, architecture and construction, real estate, special events, and landscapes within the

United States.



## INTRODUCTION AND INTERESTS OF THE PETITIONER

Aerophoto America has been providing clients with high quality aerial and ar chitectural photography services since 2005. Aerophoto
America brings direction, editing and professional marketing expertise, along with state

- of

- the

- art technology to make studio quality
productions within reach for organizations of any size. The owner of Aerophoto America, Ronald B. Brown is a FAA certified
Commercial Pilot Single and Multi

- Engine Instrument Airplane rated pilot a s well as CFII and currently holds a first class medical. The

petitioner has more than 10,000 hours of flight time over 57 ye ars without incidents or violation, much of which has been while
performing aerial photography missions. We have had recent difficulty competing with rogue drone operators who are doing
commercial drone aerial photography without obtaining an exemption . Th erefore we would like to add legal drone capabilities to our

services.

The objective of Aerophoto America’s aerial video and photography operations is to provide high quality imaging for a variety of
commercial, public, and residential uses, specifically targeting

 Real Estate Photography

 Construction site inspections and monitoring

 Agricultural Support

 Stock scenic photography Wildlife and forestry monitoring

 Aerial filmmaking and photography Educational and research monitoring



## BACKGROUND

Unmanned Aircraft Systems: DJI Phantom Vision 2+ Aerophoto America seeks an exemption to operate a DJI System UAV for compensation or hire within the NAS. The DJI Phantom
Vision 2 + is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Gr ound Control Station (GCS) utilizing electronic
tablet or smart phone systems. The Phantom Vision 2+ is an electric powered rotary wing UAS that is capable of transmitting l ive
airborne video images and location information to a Ground Control Station (GCS ). The DJI Phantom Vision 2+ stores the photographs
and data on board and makes them available for download after completion of the flight. The Vision 2+ is 17 x 8.1 x 12.5 inches and
weighs 8 pounds , well under the 55 lbs. mandated in the FMRA. The Phanto m Vision 2+ can conduct hovering flight and has a
maximum cruising speed of 42 knots. It is battery powered, has a flight endurance of no more than 22 minutes and can operate in
temperatures ranging from 0° to 40° C. The Vision’s Omni

- directional antenna h as a range of 2.1 km and operates in the 2412

- 2462MHz frequency range.Page | 5 

## BASIS FOR PETITION

Petitioner, Aerophoto America, 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

th e Administrator to commercially operate the DJI Phantom Vision 2+ in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R. §45.23(b), 61.113(a) and (b), 91.9(b)(2), 91.103 (b), 91.109, 91.119, and 91.203 (a) & (b)

.

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and their opera tion, Aerophoto America operation of the DJI Phantom Vision 2+ UAS 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, Aerophoto America 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 requiremen ts for maintenance that only apply to aircraft with an airworthiness certificate.

Aerophoto America submits that the requested relief is proper since an equivalent level of safety will be ensured. Aerophoto America will use experienced personnel to perfo rm 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 Vision 2+ Instruction and Maintenance Manuals). Furthermore

, Aerophoto America will document and maintain all maintenance records for the

DJI Phantom Vision 2+ UAS. Aerophoto America seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the

DJI Phantom Vision 2+ UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Aerophoto America submits that it will ensure that the DJI Phantom Vision 2+ UAS is in an airworthy condition, prior to every fli ght by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Vision 2+ Instruction Manuals), and that the aircraft are in a condition for safe flight.

Aerophoto America also seeks an exemption from the requirements of Sectio n 91.121, entitled Altimeter Settings , as the DJI

Phantom Vision 2+ UA S will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom Vision

2+ UA S will be provided to the PIC via Global Positioning System (GPS) equ ipment and radio communications telemetry data link,

which downlinks from the UA S to the GCS for active monitoring of the flight path. This altitude information, combined with Aerophoto

America’s operation of the Phantom Vision 2+ UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Aerophoto America seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight

in VFR conditions

. Aerophoto America submits that safety will not be affected by operation of the DJI Phantom Vision 2 + UAS during
daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly fo r a total

duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that f or at

least 4.5 minutes.

As described more fully below, the requested exemption would permit the operation of small, unman ned and r elatively inexpensive
UAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provi de safety
enhancements to the already safe operations in the operation of aerial photography currently using conventional aircraft. Approval of
this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsib ilities to
“...establish requirements for the safe operation of such aircraft systems in the natio nal airspace system.” Section 333(c) of the Reform

Act.



## A. Name and Address of the Petitioner

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

Ronald Brown

Aerophoto America

Ph: 757

- 481

- 3283
Email: aerophotoamerica@gmail.com

Address: 2415 Spinnaker Ct, Virginia Beach, Virginia, 23451Page | 6 

## B. The Specific Sections of 14 C.F.R. From Which Aerophoto America Seeks Exemption

Regulations from which the exemption is requested:

14 CFR Part 21
14 CFR 91.9 (b) (2)

14 C.F.R. 91.121

14 CFR 91.203 (a) & (b)

14 C.F.R. 91.109

1. Aerophoto America seeks exemption from the requirements of Section 21 Subpart H and 14 C.F.R. §91.203 (a) (1) :

Airworthiness Certificates

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates , sets forth requirements for procurement of necessary

airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of Aerophoto

America’s UAS permit exemption from Part 21 because Aerophoto America’s UAS mee t an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701(f)) and Section 333 of the Reform Act. Both pieces of l egislation permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Aerophoto America’s UAS meet or exceed each of the elements. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explos ive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the Manu al’s requirements, and under the requirements and in compliance with local public safety requirements, to provid e security for the area of operation as is now done with conventional aerial photography.

2 . Aerophoto America seeks exemption from the requirements of 14 C.F.R. §91.9(b)(2) : Civil aircraft flight manual, marking, and placard requirem ents

14 C.F.R. §91.9(b)(2), entitled Civil aircraft flight manual, marking, and placard requirements requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight operations

center. The F AA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A,
9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

3 . Aerophoto America seeks exemption from the requirements of 14 C.F.R. §91.121 : Altimete r Settings

14 C.F.R. §91.121 , entitled altimeter settings is inapplicable insofar as Aerophoto America’s UASs utilize electronic global positioning systems and internal gyroscopes to provide spatial coordination. An equivalent level of safety will be achi eved by the operator, pursuant to the Manual and Safety Checklist, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

4 . Aerophoto America seeks exemption from the requirements of 14 C.F.R. §§91.203(a) and (b) : Civil aircraft Certifications required.

14 C.F.R. §§91.203(a) and (b) entitled, Civil aircraft Certifications required provide for the carrying of civil aircraft certifications and registrations. Similar to, 14 CFR 91.9 (b) (2), given the size and configuration, the UAS has no ability to carry certificate and registration documents on the aircraft. There is no room, capacity, or pilot on board to adequately such documents. An equivalent level of safety will be achieved by keeping these documents; to the extent they are applicable to the UAS, at the ground control point where pilot has immediate access to them.

5 . Aerophoto America seeks exemption from the requirements of 14 C.F.R. §§91. 109 : Flight Instruction:Page | 7

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for fli ght
instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not
have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with t he
aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual control s for
a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent lev el
of safety will be provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed
of the aircraft. Safe simulation and practice flight will be carried out in controlled environments. All simulations will be carried
out on a computer using the drone controls. Any practice flying will take place in a safe environment, with no r isk to human life

below.



## C. Extent of Relief of the Specific Sections Of 14 C.F.R. and Reason From Which Aerophoto

America Seeks Relief

Regulations from which extent of relief is requested:

14 CFR 45.23 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a)

14 C.F. R. 91.103

14 C.F. R. 91.119 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

1. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto Americas Seeks Relief From 14 C.F.R. 45.23: Marking of Aircraft

Applicable FARs require an aircraft to be marked according to certain specifications. Aerophoto America’s UAS is, by
definition, unmanned. Therefore it does not have a cabin, cockpit or pilot station on which to mark certain words or phrases.

Further, two

- inch lettering is diffi cult to place on such small aircraft. Regardless, Aerophoto America will mark its UAS in the
largest possible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. §45.29(f) so that the

pilot, camera operator, spotter and ot hers working with the UAS will see the markings. The FAA has previously issued

exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

2. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto America Seeks Relief From Section 61.113(a)

and (b): Private pilot privileges and limitations: Pilot in command.

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command , is requested to
the extent necessary to a llow 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 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, Aerophoto America submits that an equivalent level of safety will be maintained because no PIC

will be allow ed to operate the DJI Phantom Vision 2+ UAS unless that PIC has met certain flight

- hour and currency
requirements, demonstrating that the PIC is able to safely operate the DJI Phantom Vision 2+ in a manner consistent with the
operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintainingPage | 8

appropriate distances from people, vessels, vehicles and structures. The area of operation is controlled and restricted, and all

flights are planned and coordina ted in advance as set forth in the Manual

.

Further, Aerophoto America submits that all flights of the DJI Phantom Vision 2+ UAS , conducted by the PIC pursuant to the
grant of this Petition: (1) will be incidental to Aerophoto America business; and (2) will not carry passengers or property for

compensation or hire.

3. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto America 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 Aerophoto

America to determine that the DJI Phantom Vision 2+ UAS is in airworthy condition prior to every flight by ensuring that the
UAS is in compliance with the operating documents (i.e., the DJI Phantom V ision 2+ UAS Maintenance Manual, Monthly
Maintenance Log, and DJI Phantom Vision 2+ UAS Instruction Manual).

Aerophoto America seeks the requested relief becaus e the DJI Phantom Vision 2+ UAS do es not require an airworthiness

certificate in accordance wit h 14 C.F.R. Part 21, Subpart H. Therefore, Aerophoto America will ensure that the DJI Phantom

Vision 2+ UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance
Log, and DJI Phantom Vision 2+ UAS Instr uction 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.

4. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto America Seeks Relief F rom Section 91.103:
Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA
approved rotorcraft flight manuals will not be provided for the aircraft, an exemption wi ll be needed. An equivalent level of
safety will be provided as set forth in the DJI Phantom Vision 2+ UAS Instruction Manual (See Appendix B) . Additionally, the
PIC will take all actions including reviewing weather, flight battery requirements, landing an d takeoff distances and aircraft
performance data before initiation of flight.

5. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto America Seeks Relief From Section 91.119:

Minimum Safe Altitudes.

14 C.F.R. §91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lowe r

altitudes in certain conditions. Aerophoto America’s UAS will not operate at an altitude greater than 400 feet above ground

level . Given the size, weight, maneuverability and speed of Aerophoto America’s UAS , an equivalent level of safety will be

achieved.

6. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto America Seeks Relief From Section 91.151(b).

Fuel Requirem ents

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 Vision 2+ UAS during daylight hours in visual meteorological conditions
(VMC), under visual flight rules (VFR), for a total duration of 1 3.5 minutes to the first point of intended landing and, assuming
normal cruising speed, to fly after that for at least 4.5 minutes.

Aerophoto America seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration
of the battery powered DJI Phantom Vision 2+ UAS will severely constrain the practicality of any aerial video or still photo
flight operations that Aerophoto America proposes to conduct pursuant to this Petition. Significantly, as set forth below, the

tech nical specifications of the DJI Phantom Vision 2+ UAS, the operating documents, and Aerophoto America’s proposed
operating limitations, ensure that Aerophoto America will safely operate the battery powered DJI Phantom Vision 2+ UASPage | 9

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 a fter

that for at least 4.5 m inutes.

7. Extent Of Relief Aerophoto America Seeks And The Reason Aerophoto America Seeks Relief From Sections 14 C.F.R.
§§91.405 (a); 407(a)(1); 409(a)(2); 417(a) and (b): Maintenance Inspections.

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, Aerophoto America requests relief from these Sections because the DJI Phantom Vision 2+ UAS does not require
airworthiness certificates. As set forth more fully below, the DJI Phantom Vision 2+ UAS meet s the conditions of FMRA
Section 333 for operation without an airworthiness certificate. Accordingly, Aerophoto America will use trained technicians to
perform maintenance, alterations, or preventive maintenance on the UAS us ing the methods, techniques, and practices
prescribed in the UAS operating documents (i.e., the DJI Phantom Vision 2+ UAS Maintenance Manual, Monthly Maintenance
Log, and DJI Phantom Vision 2+ UAS Instruction Manual). Furthermore, Aerophoto America will do cument and maintain all

maintenance records for the DJI Phantom Vision 2+ UAS

.

8. Extent of Relief Aerophoto America Seeks and The Reason Aerophoto America Seeks Relief From Airport Proximity

Limitation

The petitioner understands the FAA’s concern for placing restrictions on the proximity a UAS can be operated in relation to a n airport. However, the petitioner believes that certain relief can be granted in this matter based on the circumstances of the fli ght,
altitude of the flight, area of the flight in relation to traffic patterns and protected instrument approach corridors. Also, the size and traffic
of the airport certainly should be considered as a factor. The petitioner believes that pilot qualificat ions, ratings, and 50 years of
aeronautic experience; as well as communication with the airport, any ATC controlling facility, and aircraft in the area woul d fully
mitigate any dangers. The petitioner also believes that since many rural airports often host model and remote controlled aircraft clubs
and events without affecting normal operations, that measures could be put in place to ensure the safety of operation and int egration of
UASs’ in close proximity to certain airports. From a commercial standpoint a great deal of potential opportunity is lost when an area of
close to 78.5 square miles is off limits. The petitioner therefore proposes the following reasonable restrictions that would ensure that
the majority of these consumers could be serviced and the safety of operation of manned aircraft could be assured.

Most operations in the Scope of this requested Exemption will be conducted at 100 to 150 feet AGL. Any manned aircraft operat ing in
the vicinity of an airport should not be at these altitudes over persons or property unless they are in the process of a take

- off or landing.

Additionally they should be well aligned with either the approach or departure runway at these altitudes.

The petitioner therefore requests relief in part from the 5 NM limitatio n concerning proximity to an airport based on the following

restrictions.

1. Altitude restriction of 150 feet AGL within 3 to 5 Nautical miles of an airport.

2. Altitude restriction of 100 feet AGL within 1 to 3 Nautical miles of an airport.

3. No flight on the extended centerlines or 5 degrees to either side on any active or used runwayout to 2 Nautical miles from Airport reference point.

4. Notify airport of proposed time, distance and heading from airport of UAS operation.

5. Request issuance of NOTAM s pecifying UAS operations.

6. No flight within 1 NM of airport. This would mitigate the possibly of operating near the airport Traffic patterns.

7 . The Pilot in Command of the UAS must be a Certificated Commercial Pilot with Class and Category Rating most

a ppropriate to the UAS for which the Exemption is granted.Page | 10

8 . Anytime the PIC or Safety Observer has visual contact with a manned aircraft, or anytime an aircraft requests, operations will be immediately suspended and UAS will descend and land immediately.

9 . Aircraft has onboard programmable altitude restriction capability to help mitigate the possibility of inadvertent altitude deviation. This function must be used during operations within 5 nautical miles of an airport.

The petitioner , Aerophoto America believes that these restrictions and requirements safely mitigate the potential hazards associated
with operation near a small, low volume airport. In fact, the petitioner believes that this limitation would make this operation safer than
many others that are conducted at these types of airports; to include: aerobatics training, parachute operations, and Amateur Radio
Controlled Aircraft Clubs that are frequently located on these types of airports.

The altitude restrictions requested would eliminate the po ssibility of a collision with manned aircraft as there is no reasonable
circumstance where a manned aircraft should be at or near these altitudes, unless being on short final for approach or on dep arture. In

fact Aerophoto America believes that any manned aircraft operating at, or near these altitude restrictions, other than on short final for
approach or on departure, would be operating in a careless and reckless manner.

Aerophoto America would require the PIC hold a Commercial Pilot Certificate of most a ppropriate Class and Category will ensure that
the operator has the knowledge, aeronautical experience, radio communication skills, and ability to safely operate within clo se proximity to airports loca ted in class E and G airspace. Aerophoto America ensure s that with the petitioners flight limitations,

restrictions and experience noted above would the risk of collision between a UAS would be eliminated.



## D. The Reasons Why Granting Aerophoto America Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Approval of exemptions allowing commercial operations of sUASs in the film and photography industry will enhance safety by
reducing risk. Granting the present Petition will further the public interest by allowing Aerophoto America to safely, efficiently,
and economically conduct aerial video and photography of agricultural lands, architecture and construction, real estate,
special events, and landscapes within the United States. Additionally, use of DJI Phantom Vision 2+ UAS will decrease
congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Aerophoto

America proposed operation of the DJI Phantom Vision 2+ UAS will be realized without implicati ng any privacy issues. The

sUAS is carried to the photography site and not flown. The sUAS will carry no passengers or crew and, therefore, will not
expose them to the risks associated with manned aircraft flights. These lightweight aircraft operate at slo w speeds, close to
the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine

helicopters operating in close proximity to the ground and people.



## E. The Reasons Why Granting The Exemption Wo uld 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 Aerophoto America Seeks Exemption.

1. Reasons Why The DJI Phantom Vision 2+ Will Meet The Conditio ns 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 operati on, Aerophoto America operation of the DJI Phantom Visio n 2+ UAS meet s 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 UA S to operate without airworthiness certification and sets forth req uirements 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:Page | 11



### (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 s ystem 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 sha ll 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 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, Aerophoto America submits that the DJI Phantom Vision 2+ UAS can operate safely in the NAS pursuant to FMRA Section 333, a s demonstrated by: (a) the characteristics of the DJI Phantom Vision 2+ UAS; (b) the p ilot certification requirement

a. The Specifications Of The DJI Phantom Vision 2+ UAS Demonstrate Its Safe Characteristics.

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

The DJI Phantom Vision 2+ UAS may be operated in both manual and fully autonomous flight modes. A complete
description of the flight and navigational modes of the DJI Phantom Vision 2+ UAS is provided in t he DJI Phantom

Vision 2+ UAS User Manual, attached hereto as Appendix B

.

ii. The DJI Phantom Vision 2+ UAS Is 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 Vision 2+ UAS will remain stationary, in flight, for 3 seconds or more.

If, after 3 seconds, the DJI Phantom Vision 2+ UAS do es not reacquire control link data from the GCS, the UA S will

assume that the Control Link is lost and the UA S 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 Vision 2+ UAS is set forth in the DJI Phantom Vision 2+ UAS User Man ual,

attached hereto as Appendix B (pg. 27 “ Failsafe Function”)

.

i ii . The Phantom Vision 2+ UAS GCS And Its Operation.
A complete description of the operation and specifications of the Phantom Vision 2+ UAS GCS and flight control
software is provided in the Phantom Vision 2+ UAS User Manual. Phantom Vision 2+ User Manual is attached hereto

as Appendix B

.Page | 12 b. Flight Operations Of Phantom Vision 2+ UAS is Limited To The Line Of Sight With a Camera Operator and Safety Observer.

Aerophoto America will fly th e UAS in daytime hours only, staff each flight with a remote control pilot, camera operator and a
spotter/Safety Observer (SO) with communications allowing real time communication among them.



## F. Flights Of DJI Phantom Vision 2+ UAS Will Be Conducted Pursuant To Specific Operating

Limitations.

In seeking this exemption, proposes to commercially operate DJI Phantom Vision 2+ UAS for the special purpose of
conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:
These limitations and conditions to which Aerophoto America agrees to be bound when conducting commercial operations under an

FAA issued exemption include:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the opera ting documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom Vision 2+ Unmanned Aircraft Systems. Proposed operations of any other aircraft will r equire a new petition or a petition to amend this grant.

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

3. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always main tains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

4. 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

5

. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planned.

6

. The UAS may not be flown at an indicated airspeed exceeding 20 knots

7

. UAS pilot will be an FAA licensed airman with at least a sport or recreational certificate and a valid driver’s license. The safety observer will also hold a valid driver’s license.

8 . sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS Pilot, who possess the necessa ry PIC qualifications, is also present on set (i.e. the Aerial Coordinator), that person can also be designated as PIC.

9

. Maxi mum total flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 25 minute limit.

10

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

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

1 2 . The operator will obtain t he consent of all persons involved in the photography and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent l evelPage | 13

of safety determination, as requ ired by Section F of the Manual. With the advanced permission of the relevant FSDO, operations at closer range can be approved. (See Section C in the Safety Manual Appendix A )

1 3 . Pilot and observer will have been trained in operation of UAS generally and received up

- to

- date information on the particular UAS to be operated as required.

14

. All required permissions and permits will be obtained from territorial, state, county or c ity jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

15 . If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre

- determined location within the Security Pe rimeter and land.

1 6 . The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

1 7

. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

18

. 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 maintenan ce 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.

19 . The pre

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

20

. 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 total time in service, description of work accomplished, and the signature of the authorized pers on returning the UAS to service.

21

. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flig hts

for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all

persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

22

. UAS operations may not be conducted during night, and all operati ons must be conducted under visual meteorological conditions (VMC).

23

. If the UA S 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.

24

. Prior to conducting operations, the radio frequency spectrum used for operation and control of the UA S must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

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

2 6

. The UA S must remain clear and yield the right of way to all manned aviation operations and activities at all times.Page | 14

2 7

. All operations shall be conducted over private or controlled

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

2 8

. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating

documents

2 9

. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other t han the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the

event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is oper ated 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 pr esent 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).

30 . Any incident, accident, or flight operation that transgresses the lateral or ver tical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB).



## G . Reporting of Incid ents and/or Accidents

In the unlikely case of a ny incident or accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported within 24 hours to: FAA UAS Integrati on Office (AFS

- 80) Accidents: National Transportation Safety Board www.ntsb.gov.



## H . A Summary That Can Be Published In The Federal Register, stating:

The Rules From Which Aerophoto America Seeks Exemption :

Aerophoto America seeks exemption from the requirements of 14 C.F.R Sections 61.101(e)(4) and (5), 61.315(a), 61.23(a), 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).

This exemption will permit Aerophoto America to commerc ially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.Page | 15 

## CONCLUSION

As set forth herein, Aerophoto America 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 Vision 2+ UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video a nd photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernizatio n and Reform Act of 2012, while also advancing the interests of the public, by allo wing Aerophoto America to safely, efficiently, and economically operate the DJI Phantom Vision 2+ UAS commercially within the NAS.

In accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Aerophoto

America respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 Aerophoto America to operate the DJI Phantom Vision 2+ UAS commercially for the purpose of conducting aerial video and photography over areas of the United States.

The request for this exemption is in the Public Interest as it is safe to assume that there are many consumer applications for the services that can be provided by UAS systems. It is clear that the Congress of the United States, the business sector, and th e

consu mer want to integrate Unmanned Aircraft Systems into th e National Airspace System and utilize their unique and cost effective capabilities. It is also in the Public Interest that many of the low level flight operations now conducted by manned aircraft could be accomplished with these light, fire resistant unma nned aircraft that can operate at a fraction of the cost to both the operator and consumer. These aircraft can be operated without risk of loss of life or limb, without significant financial impact to the op erator or any person or property on the ground in the event of the loss of an aircraft. Finally the petitioner believes that granting this exemption would help to further by Administrators process of integration of UAS systems and possibility help to create additional regulations and guidance to be used as these systems become more widely utilized. Please forward any questions or concerns to the address or email

below.

Dated: Monday, November 30, 2015

Respectfully Submitted,

Ronald B. Brown Aerophoto AmericaPage | 16



# APPENDIX SECTIONS

A

- SAFETY MANUAL

B

- DJI PHANTOM VISION 2+ USER MANUAL

C

- MAINTENANCE AND FLIGHT LOGPage | 17 

## A ppendix A : Safety Manual

A. Maintenance
a. The UAS must be inspected by Aerophoto America Operator every 10 flight hours. All maintenance records will be
maintained for inspection as set forth in Section B.
b. If any maintenance is undergone, the UAS must pass a flight test prior to operations
B. Record Keeping
a. A digital record will be kept for al l flights, flight times, and maintenance records.
C. Securing Flight Site

a . Safety Parameter
i. Before filming occurs, a 100 yard perimeter from the planned flight path will be identified in order to set a “sterile”
environment for the operation.

1. A erophoto America will obtain written or oral permission from all landowners in sterile environment.

2. All operations shall be conducted over private or controlled

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

c. Identify potential obstacles
i. Before each flight, an inventory will be taken for all potential obstacles that must be avoided while in flight. Including:

1. Power lines

2. Cell Phone Towers

3. Trees
4. Flocks of birds that may take flight
5. Heavily traveled roadways
6. Utility wires

7. Elevated structures
8. At least 5 nautical miles from the nearest airport or helipad.

D. Pre

- Flight Checklist

a. Take Off Location/ “Home”

i. The UAS will mark its take off location as a safe area to return to should the UAS lose signal with the control or if the pil ot
signals the craft to return to its “home” location.

1. Take off location will be in an area with a 25ft radius with no obstructions, maintaining said radius vertically 200ft.

2. The UAS will take off and land in the same location.

3. GPS Altimeter will be marked as 0’ elevation

b. Flight Canceling Events

i. All flights will be cancelled for a minimum of 2 hours if any of the below occur:

1. Police activity in the area
2. Low flying aircraft in the area
3. Medical/News Helicopters active in the area
4. Wind exceeding 10 mph
5. Any emergency requiring emergency services occurs within the sterile environment
6. PIC is unable to complete flight without losing visual of the UAS
7. Any precipitation
8. Heavy bird presence in the area that could cause a mid

- air collision.Page | 18

9. Any defects or damage found during preflight exam

c. Physical Inspection

i. Before each flight the UAS will be checked to ensure that it is safe for flight.

1. Battery voltage will be checked to ensure it is >75%
2. Blades will be inspected to ensure they are tightened and free of damage
3. Camera mount and gimbal will be inspected to ensure it is fully attached and operating.
4. UAS will be checked for any damage that may have taken place in transit.
5. The UAS will be tested at a low altitude to ensure all controls are respo nding correctly.
6. Battery checked for damage that could affect its charge

ii. I f any party of the inspecting shows a damaged part or parts, the UAS is deemed non

- usable and must be inspected by
Aerophoto America Operator

.

d. Post Flight Inspections/Checklist

i. After each flight, the UAS will be thoroughly inspected for any damage that occurred in flight.

1. Body inspected for any damage
2. Blades visually checked for any damage at all
3. Battery checked for damage

E. Mid

- Air Safety Protocol

A. Max Speed

The UAS is never to exceed 20 knots

B. Altitude

i. The UAS is never to exceed 400ft

C. Emergency

i . If it appears that the UAS, any property or humans are at risk, the UAS will be grounded immediately to a safe

location.

D. Sight

i. The pilot and safety observer must keep the UAS within eyesight at all times unassisted by any technology.

F. Particip ation by non

- pilot staff

a. All staff involved in the production or filming using the UAS will consent to maintain a safe distance of at least 30 ft. during the filming.

G. Pilot/Spotter Training

a. Before flying, both the Pilot and spotter will receive updated information on the UAS and its firmware.

i. The controller allows for simulator training, both the pilot and spotter are allowed to run through the simulator trainingPage | 19 Appendix B

User Man aul : DJI Phantom II Vision+Page | 20Page | 21Page | 22Page | 23Page | 24Page | 25Page | 26Page | 27Page | 28Page | 29Page | 30Page | 31Page | 32Page | 33Page | 34Page | 35Page | 36Page | 37Page | 38Page | 39Page | 40Page | 41Page | 42Page | 43Page | 44Page | 45Page | 46Page | 47Page | 48Page | 49Page | 50Page | 51Page | 52Page | 53Page | 54Page | 55Page | 56Page | 57Page | 58Page | 59Page | 60Page | 61Page | 62Page | 63Page | 64Page | 65Page | 66Page | 67Page | 68Page | 69Page | 70Page | 71 

## APPENDIX C

MAINTANENCE AND FLIGHT LOG SAMPLES

DJI PHANTOM VISION 2+