U.S. Department ofTransportation Docket Management System 1200 NewJerseyAvenue, SE Washington, D.C. 20590 City ofWestminster, Colorado Attn: Robert Krugmire Water Resources Engineer 4800 West 92nd Avenue Westminster, CO 80031

BASIS FOR PETITION

Petitioner, CITY OF WESTMINSTER, COLORADO , pursuantto the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, SpecialRules forCertain UnmannedAircraft Systems, hereby petitions the Administratorto commercially operate the DJI Phantom 2 Vision+, in the National Airspace System (NAS), and for an exemption from the requirements of :
14 C.F.R §§ 61.113(a) & (b) 14 CFR 45.23(b) 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

### &(a)(2), and 91
Name and Address ofthe Petitioner
The name and address ofthe Petitioner and point ofcontact is:
CITY OF WESTMINSTER ROBERT KRUGMIRE WATER RESOURCES ENGINEER 4800 WEST 92N° AVENUE WESTMINSTER, COLORADO 80031 OFFICE: 303-658-2181 Email: bkrugmir@cityofwestminster.us
PREFACE:
The Federal Aviation Act expressly grants the Federal Aviation Administration (FAA) the authorityto issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, that includesUnmanned Aircraft Systems (UAS), from the requirementthat all civil aircraft must have a current airworthiness certificate.
The Administrator may grant an exemption from a requirement ofa regulation prescribed undersubsection (a) or (b) ofthis section or any sections 44702- 44716 of this title iftheAdministratorfinds the exemption in the public interest. 49 U.S.C. §44701

### (f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).
The City ofWestminster owns, operates and manages a publicwater and wastewater utility system that includes a varied portfolio ofwater resources facilities (including rights on streams and ditches in Colorado as well as storage structures), water and sewerfacilities including those facilities required to provide water and wastewaterservices to its residents and customers.
The City ofWestminster proposes to use one or more DJI Phantom 2 Vision+ Unmanned Aerial Vehicles (UAV) as part of its overall UAS forthe following uses:

• Inspections ofcity operated and managed water resources facilities including ditches, reservoir and diversion structures
• Inspections ofcity-owned road rights-of-way
• Periodic inspections ofcity-funded infrastructure improvement projects as well as existing infrastructure
• Documentation via video and/orstill photography ofCity-owned properties and development projects
• Assistwith damage assessments or situational status reports during emergency response operations
• Supportto law enforcement and fire departments during response operations.
This aircraft has four rotors and four motors in a quadcopter configuration (X4). It is only capable ofvertical takeoffand landings. This UAVweighs less than 55 lbs. including payload, can fly, under normal conditions, at a speed ofno morethan 15 meters/second (30 knots or 34.5 miles per hour) and has the capabilityto hover, and move in the vertical and horizontal plane simultaneously. This UAS is equipped with a Global Positioning System (GPS) and an auto-return function to the predetermined safe landing area as well as allowing reading of magnetic interference that can cause loss of GPS signal. The UAS will operate only in line ofsight and will operate onlywithin the limits ofpublic rights ofway or easements. Such operations will be conducted to insure thatthe UAS will "not create a hazard to users ofthe national airspace system orthe public." (Reform Act Section 333 (b)).
This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary of Transportation to considerwhether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rule making required under Section 333 ofthe Reform Act. In making this determination, theSecretary is required to determine which types of UASs do not create a hazard to users ofthe NAS orthe public or pose a threatto national security in light ofthe following:

• The UAS's size, weight, speed and operational capability; • Operation ofthe UAS in close proximityto airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator.
Reform Act§ 333 (a). Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." ld. §333(c).
The Federal Aviation Act expressly grants the FAAthe authorityto issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, that includes UAS, from the requirement that all civil aircraft must have a current airworthiness certificate.
The Administrator may grant an exemption from a requirement ofa regulation prescribed undersubsection (a) or (b) ofthis section or any sections 44702- 44716 of this title ifthe Administratorfinds the exemption in the public interest. 49 U.S.C. §44701

### (f) See also 49 USC §44711 (a); 49 USC §44704; 14 CFR §91.203 (a) (1).
RELIEF OVERVIEW
Given the small size ofthe UAV involved and the restricted environmentwithin which theywill operate, the applicantfalls squarelywithin that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned thatthe FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size ofthe UASs and the restricted areas in which the relevant UAS will operate, approval ofthe application presents no national security issue.
Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significant public benefit, including meeting the City ofWestminster's continuing goal ofproviding safe drinking water through constant monitoring ofthe associated facilities, enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for aerial inspections, surveying, photography and videography, as well as providing an enhanced safetyfactorfor city personnel involved in traditional inspection methods, the grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfully requests thatthe FAA grantthe requested exemption.
AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY
CITY OF WESTMINSTER proposes thatthe exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitatiOflS provide for at least an equivalent or even higher level ofsafetyto operations underthe current regulatory structure becausethe proposed operations represent a safety enhancementto the already safe aerial inspections, surveying and photography and videography operations conducted with conventional aircraft.
These limitations and conditions to which CITY OFWESTMINSTER agrees to be bound when conducting commercial operations underan FAA issued exemption include:

1. The UAVwill weigh less than 55 lbs. 2. The UAVwill display, at all times, the FAA UAS Registry Certificate Number FA39RATXKP as obtained through the registration process. 3. Flights will be operated within line ofsight ofa Pilot-In Command (PIC) and a Safety Observer (SO). 4. Maximum total flight time for each operational flightwill be 30 minutes or less. Flights will be terminated at 25% battery power reserve should that occur priorto the 30 minute limit. 5. Flights will be operated at an altitude ofno more than 400 feet above ground level (AGL). 6. Minimum crewfor each operation will consist ofthe UAS Pilot and one Safety Observer. 7. The UAS will only operate within the defined project area, the boundaries of which will be determined bythe UAS Pilot-In-Command (PIC) based on the site-specific activities and speed ofthe UAV required forthe operation, and coordinated with thejurisdictional FAA Flight Standards District Office (FSDO) and local government officials as applicable. 8. A briefing will be conducted in regards to the planned UAS operations priorto each day's operation. Itwill be mandatorythat all personnel who will be performing duties within the boundaries ofthe project be presentforthis briefing. 9. The UAS Pilot and Safety Observerwill be able to communicate byvoice and/ortwo way radio communication system at all times. 10.The operations ofthe UAS will be limited to daylight-only operations. 11.1fthe UAS loses communications or loses its GPS signal, the UAVwill have the capabilityto return to a predetermined location within the Project Perimeter and land safely. 12.The UAS will have the capabilityto abortflight in case ofunpredicted obstacles oremergencies.
14C.F.R. Part21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by Federal Aviation Regulation (FAR) §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The FederalAviation Act (49 U.S.C.§44701 (f)) andSection 333 ofthe Reform Act both authorize the FAAto exempt aircraftfrom the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed.
In consideration ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, the CITY OF WESTMINSTER's operation of DJI Phantom 2 Vision+, 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, the CITY OF WESTMINSTER requests relieffrom Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) 

### &(a)(2), and 91.417(a) 

### &(b), as these sections setforth requirements for maintenance that only applyto aircraftwith an airworthiness certificate. CITY OF WESTMINSTER submitsthatthe requested relief is proper since an equivalent level ofsafetywill be ensured. CITY OF WESTMINSTERwill use experienced personnel ortechnicians as needed to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual). Furthermore, CITY OF WESTMINSTERwill document and maintain all maintenance records for each DJI Phantom 2 Vision+ UAS.
Relieffrom certain requirements ofSection 61.113(a) and (b), entitled Private pilotprivileges andlimitations: Pilotin command, is requested by CITY OF WESTMINSTERto the extent necessaryto allow a Pilot in Command (PIC) meet or exceed the described requirements ofoperations set by manufacturer, and who has demonstrated, thatthe PIC is able to safely operate the DJI Phantom 2 Vision+ UAS in a manner consistentwith this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
CITY OF WESTMINSTER seeks relieffrom Section 91.7(a), entitled Civilaircraft airworthiness, becausethe DJI Phantom 2 Vision+ UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, CITY OF WESTMINSTER submits that it will ensure thatthe DJI Phantom 2 Vision+ UAS is in an airworthy condition, priorto everyflight, by determining thatthe UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual), and thatthe aircraft are in a condition forsafe flight.
CITY OF WESTMINSTER also seeks an exemption from the requirements of Section 91.121, entitled AltimeterSettings, as the DJI Phantom 2 Vision+ will not have a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 2 Vision+ will be provided to the PIC via Global Positioning System (GPS) equipmentand radio communications telemetry data link, which downlinks from the UAVto the Ground Control Station (GCS) for active monitoring ofthe flight path. This altitude information, combined with CITY OF WESTMINSTER's operation ofthe DJI Phantom 2 Vision+ UAS within visual line ofsight, at or below400 feetAbove Ground Level (AGL), will ensure a level ofsafety equivalentto Section 91.121. Additionally, CITY OF WESTMINSTER seeks an exemption from the requirements ofSection 91.151 (b), entitled Fuelrequirements forflightin VFR conditions. CITY OF WESTMINSTER submits that safety will not be affected by operation ofthe DJI Phantom 2 Vision+ during daylight hours in visual meteorological conditions (VMC) undervisual flight rules (VFR), with enough battery powerto fly for a total duration ofapproximately 25 minutes to the first point of intended landing and, assuming normal cruising speed, to fly afterthatfor at least 5 minutes.
EXTENTAND REASONING WHY CITY OF WESTMINSTER SEEKS RELIEF FROM THE LISTED SECTIONS ABOVE:

1. Section 61.113(a} & (b).
Relieffrom Section 61.113(a) and (b) entitled Private pilotprivileges and limitations: Pilotin command, is requested to the extent necessaryto allow a PIC meet all requirements as described in the DJI Phantom 2Vision+ owner's manual to conduct the proposed UAS flight operations for compensation or hire.
This relief is requested since the limitations setforth in Section 61.113(a) and (b) statethat a private pilot may, for compensation or hire, act as PIC ofan aircraft in connection with any business or employment if: (1) Theflight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or propertyfor compensation or hire.
As setforth more fully below, CITY OF WESTMINSTER submits that an equivalent level ofsafetywill be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+ UAS unless that PIC has demonstrated thatthe PIC is able to safely operate eitherthe DJI Phantom 2Vision+ 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, CITY OF WESTMINSTER submits that all flights ofthe DJI Phantom 2 Vision+ UAS, conducted bythe PIC pursuantto the grant ofthis Petition: (1) will be incidental to CITY OF WESTMINSTER's business; and (2) will not carry passengers or propertyfor compensation or hire.

2. Section 91.7(a}.Relieffrom Section 91.7(a) entitled Civilaircraftairworthiness, is requested to the extent required to allow CITY OF WESTMINSTER to determine thatthe OJI Phantom 2 Vision+ UASs are in airworthy condition priorto everyflight by ensuring thatthe UAS is in compliance with the operating documents (i.e., the CITY OF WESTMINSTER Operations Manual, Monthly Maintenance Log, and OJI Phantom 2 Vision+ Instruction Manual).
CITY OF WESTMINSTER seeks the requested relief because the DJI Phantom 2 Vision+ UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, CITY OF WESTMINSTER will ensure thatthe OJI Phantom 2 Vision+ UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual) priorto everyflight, and further, determinethatthe aircraft are in condition forsafe flight, as stated in the conditions and limitations below.
3. Section 91.121.
Relieffrom Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe OJI Phantom 2 Vision+ UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data linkto downlink altitude information from the UAVto the PIC atthe GCS. Since the FAA requires that any altitude information concerning UAS operations be reported to airtraffic control (ATC) in feet above ground level (AGL), CITY OF WESTMINSTER seeks the requested relief because the OJI Phantom 2Vision+ UAS altimeter may be set on the ground to zero feet AGL, ratherthan the local barometric pressure orfield altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is soughtto the extent necessaryto complywith the applicable conditions and limitations stated below. As more fully setforth herein, an equivalent level ofsafetywill be maintained since the OJI Phantom 2Vision+ UAS are equipped with a barometric pressure sensorand GPS equipment, which automatically ensures that a ground level pressure setting will be established priorto each flight, and provides the PIC with altitude information ofthe UAVon the heads-up display ofthe GCS.

4. Section 91.151(b).
Relieffrom Section 91.151(b) entitled Fuelrequirements forflightin VFR conditions, is requested to the extent required to allowflights ofthe battery powered OJI Phantom 2 Vision+ UAS during daylight hours in visual meteorological conditions (VMC), undervisual flight rules (VFR), for atotal duration ofapproximately 25 minutes to thefirst point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. CITY OF WESTMINSTER seeks the requested relief because without an exemption from Section 91.151 (b), the flight time duration ofthe battery powered OJI Phantom 2Vision+ UAS will severely constrain the practicality ofany aerial video or still photo flight operations that CITY OF WESTMINSTER proposes to conduct pursuantto this Petition. Significantly, as setforth below, the technical specifications ofthe OJI Phantom 2 Vision+ UAS, the OJI Phantom 2 Vision+ operating documents, and CITY OF WESTMINSTER's proposed operating limitations, ensure that CITY OF WESTMINSTERwill safely operate the battery powered OJI Phantom 2Vision+ UAS during daylight hours in visual meteorological conditions (VMC), undervisual flight rules (VFR), with enough battery powerto fly for atotal duration ofapproximately 25 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after thatfor at least 5 minutes.

14 CFR 45.23(b) Marking oftheAircraft; Applicable codes of Federal Regulation require aircraft to be marked according to certain specifications. Phantom 2 Vision+ UASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two inch lettering is difficultto place on such small aircraft. Regardless, CITY OF WESTMINSTERwill mark its UASs in the largest possible lettering by placing the "N" number on itsfuselage as required by 14 CFR 45.29 

### (f) so thatthe pilot, technician, spotter and others working with the UAVwill see the markings. The FAA has previously issued exemptions to this regulation through- Exemption No 10167 and 10700.

5. 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 applyto aircraftwith an airworthiness certificate, CITY OF WESTMINSTER requests relieffrom these Sections because the OJI Phantom 2 Vision+ UAS does not require airworthiness certificates. As setforth more fully below, the OJI Phantom 2 Vision+ UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly CITY OF WESTMINSTER will use trained 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., the CITY OF WESTMINSTER aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual). Furthermore, CITY OF WESTMINSTER will document and maintain all maintenance records for each OJI Phantom 2 Vision+ UAS.

The Reasons for granting this requestare entirely beneficial to the public and community as a whole. Granting the present Petition will furtherthe public interest by allowing CITY OF WESTMINSTERto safely, efficiently, and economically perform aerial video andphotographic surveys and inspections ofwater and wastewater resources, construction sites, rights ofway, utility easements, and other sites within the City ofWestminster and its surrounding service area.
This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary of Transportation to considerwhether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rule making required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types of UAS do not create a hazard to users ofthe NAS orthe public or pose a threat to national security in light ofthe following:

• The UAS's size, weight, speed and operational capability; • Operation ofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator. ld §333(b)(1) Lastly, the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." ld. §333(c).
Given the small size ofthe UAS involved and the restricted sterile environment within which theywill operate, the applicantfalls squarely within that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned thatthe FAA must, by exemption, allow commercial operations ofUASs to commence immediately. Also due to the size ofthe UASs and the restricted areas in which the relevant UASs will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significant public benefit, including helping to meetthe City ofWestminster's continuing goal ofproviding safe drinking waterthrough constant monitoring ofthe associated facilities, enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for aerial inspections, surveying, photography and videography, as well as providing an enhanced safety factorfor city personnel involved in traditional inspection methods, the grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grantthe requested exemption without delay.
REASONS BENEFICIAL TO THE PUBLIC/COMMUNITY

1. The Public Will Benefitfrom Decreased Congestion ofthe NAS.
The DJI Phantom 2Vision+ UA are battery powered and serve as a safe, efficient, and economical alternative to the manned aircrafttraditionally utilized to obtain aerial imagery. By reducing the amount ofmanned aircraft needed to perform aerial data acquisitions, an exemption allowing the use ofa OJI Phantom 2Vision+ UASwould reduce the amount ofmanned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.
Furthermore, by reducing the number ofmanned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraftwill be reduced. The DJI Phantom 2 Vision+ UAVdo not require an airportto takeoffor land. Likewise, a reduction ofmanned aircraft conducting aerial video and photography missionswould result in fewer aircraftthat must be handled by airtraffic control during the ground, takeoff, departure, arrival, and landing phases offlight operations.
2. The Public Will Benefit From The Safety And Efficiency OfThe DJI Phantom 2 Vision+ UAS. Conducting aerial data acquisitions with the DJI Phantom 2 Vision+ UAS, instead of manned aircraft, will greatly benefitthe public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photographyflight operations. By using battery powerand electric motors, the DJI Phantom 2 Vision+ UAS produce no air pollution, and is the mostviable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraftthat are typically utilized for aerial video and photography, while burning approximately20-30 gallons per hourof leaded aviation fuel. The DJI Phantom 2 Vision+ UAS, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAVs are propelled by battery powered electric motors, ratherthan an internal combustion engine. By using the DJI Phantom 2 Vision+ UAS to perform aerial observation, 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 orcompletely eliminated. Asidefrom the lack offlight crew members located onboard the aircraft, the DJI Phantom 2 Vision+ UAS (weighing approximately 1,242 grams or2 pounds 8 ounces, attheir maximum gross weights with length of 16 inches, widths of 16 inches, and with nofuel on board), has less physical potential for collateral damageto life and property on the ground, and in the air, compared to the manned aircraftthattypically conduct similaroperations (weighing approximately 6,000 pounds with a wingspan of approximately42 feet, a length of34 feet, and a fuel capacity of 180 gallons).
3. Performing Aerial Video and Photography, Surveys and Inspections, Operationswith the DJI Phantom 2 Vision+ UAS Will Benefitthe Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+ UAS also provides an economical alternative to using manned aircraftto conduct similar aerial operations. As such, operation ofthe DJI Phantom 2 Vision+ UASwill allowthe CITY OFWESTMINSTERto provide qualityservices to the residents and businesses ofthe City and the Region at minimum costs. Specifically, with the rising cost ofaviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, agencies must adopt newand alternative technology in continue to provide required services at reasonable costs. Operating the battery powered DJI Phantom 2 Vision+ UAS is one such technologythat not only allows agencies &companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost ofa traditional manned aircraft. By operating the DJI Phantom 2Vision+ UAS, the CITY OF WESTMINSTER can maintain and hopefully improve its abilityto operate and maintain critical infrastructure and atthe same time collect important dataforfurther development ofsystem-wide modeling ofwater, wastewater, stormwater and roadway systems as well as provide accurate and current data related to environmental issues such as ground cover, vegetation 

### &wildlife habitats and city-wide greenspace.
4. There Are No Privacy Issues.
Similarto the manned aerial data acquisition flight operations that have been conducted fordecades, the CITY OF WESTMINSTER's proposed operation ofthe DJI Phantom 2 Vision+ UAS will not implicate any privacy issues. Specifically, the DJI Phantom 2 Vision+ UAS will be operated only in compliance with operating documents (i.e., the CITY OF WESTMINSTERAerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the maximum altitude limitations as perthe requirements of 14 C.F.R. 

### § 91.119.
THE REASONS WHYGRANTING THE EXEMPTION WOULD NOTADVERSELY AFFECT SAFETY, OR HOWTHE EXEMPTION WOULD PROVIDE A LEVEL OF SAFETYAT LEAST EQUAL TO THAT PROVIDED BYTHE RULE FROM WHICH CITY OF WESTMINSTER SEEKS EXEMPTION.

1. Reasons WhyThe DJI Phantom 2Vision+ UA MeetThe Conditions OfThe FAA Modernization and Reform Act of2012 (FMRA) Section 333.
In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, CITY OF WESTMINSTER'S operation of the DJI Phantom 2 Vision+ UAS meetthe conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

In seeking this exemption, CITY OF WESTMINSTER submits thatthe DJI Phantom 2Vision+ UAS can operate safely in the NAS pursuantto FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 2 Vision+ UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications ofthe DJI Phantom 2 Vision+ UAS demonstrate its safe characteristics.The DJI Phantom 2 Vision UAS does not create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.
i. Technical Specifications ofThe DJI Phantom 2 Vision+ UAS.
The technical specifications ofthe DJI Phantom 2 Vision+ UAS are set forth bythe DJI Phantom 2 Vision+ Specifications and Data Sheet attached.
ii. The DJI Phantom 2Vision+ UAS autonomous flight And navigation modes enable the UAVto remain within a defined operational area.
The DJI Phantom 2Vision+ UAS may be operated in both manual and fully autonomous flight modes. A complete description ofthe flight and navigational modes ofthe DJI Phantom 2 Vision+ UAS are included in the User Manuals.

iii. The DJI Phantom 2 Vision+ UASs are designed for automatic return to home point or hover in the event of loss ofthe control link or navigation.
When the Control Link is lost, the DJI Phantom 2 Vision+ UAwill remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+ UAV does not reacquire control link data from the GCS, the UAVwill assume thatthe Control Link is lost and the UAVwill return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description ofthe Failsafe Functions ofthe DJI Phantom 2 Vision+ UAS are setforth in the DJI Phantom 2 Vision+ User Manual.
iv. The DJI Phantom 2 Vision+ GCS and its operation.
A complete description ofthe operation and specifications ofthe DJI Phantom 2 Vision+ GCS and flight control software is provided in the DJI Phantom 2 Vision+ User Manual.
b. Flights Of DJI Phantom 2Vision+ UAS will be conducted pursuantto specific operating limitations.
In seeking this exemption, CITY OF WESTMINSTER proposes to commercially operate the DJI Phantom 2Vision+ UAS forthe special purpose ofconducting aerial video and photography over certain areas of its overall utility system located in Colorado, United States, pursuantto the following specific operating limitations:1. Operations authorized by this grant ofexemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: OJI Phantom 2 Vision+ UAS. Proposed operations ofany other aircraft will require a new petition or a petition to amend this grant.
2. UAS operations underthis exemption will be limited to conducting inspection operations forthe purpose ofaerial video and photography.
3. The UA may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no morethan 400 feet AGL, as indicated bythe procedures specified in the operating documents unless a special request is made and approved bythe controlling AirTraffic Control (ATC). All altitudes reported to ATC must be in feet AGL.

5. The UAV must be operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license.
6. The use offirst person view (FPV) camera to satisfythe visual line ofsite by the PIC or safety observer (SO) is not permitted.

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

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other airtraffic and otherground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant ofexemption must be accessible during UAS operations and made available to theAdministrator upon request. Ifa discrepancy exists between the conditions and limitations contained in the grant ofexemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant ofexemption take precedence and must be followed. Otherwise, the operator mustfollowthe procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator's responsibilityto track such revisions and present updated and revised documents to theAdministrator upon request. The operator must also present updated and revised documents if it petitions forextension or amendmentto the grant of exemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition foramendmentto its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates or revisions to the operating documents.
10. Priorto each flight the PIC must inspectthe UAS to ensure that it is in a condition for safeflight. Ifthe inspection reveals a condition that affects the safe operation ofthe 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 GCS 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 orflight characteristics, e.g. replacement ofa flight critical component, must undergo afunctional testflight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12.The pre-flight inspection must accountfor all potential discrepancies, e.g. inoperable components, items, orequipment, not already covered in the relevant sections ofthe operating documents.
13.The operator mustfollowthe UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14.The operator must carry out its maintenance, inspections, and record keeping 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 ofwork accomplished, and the signature ofthe authorized person returning the UAS to service.

15.Each UAS operated underthis exemption must complywith all manufacturer Safety Bulletins.
16.The authorized person must make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections.

17.The PIC must meet or exceed all requirements as setforth by manufacturer in orderto justifiably operate the DJI Phantom 2Vision+, or hold an equivalent pilot license approved by the FAA.18.The operator may not permit any PIC to operate the UAS unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistentwith howthe UAS will be operated underthe 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 consistentwith 14 C.F.R. 

### § 61.51(b). Flights forthe purposes oftraining the operator's PIGs are permitted underthe terms ofthe exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential forflight operations are considered nonparticipants, and the PIC mustoperate the UAS with appropriate distancefrom 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 undervisual meteorological conditions (VMC). Ifflight at night is required, a special request will be made atthe FAA office closestto proposed area ofoperations. Flights underspecial visual flight rules (SVFR) are not authorized.
20.The UA may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreementwith that airport's management is obtained, and the operation is conducted in accordance with a Notice to Airmen (NOT AM) as required by the operator's Certificate ofAuthorization (COA). The letterofagreementwith the airport management must be made available to theAdministrator upon request.
21.The UA may not be operated less than 500 feet below or less than 2,000 feet horizontallyfrom a cloud orwhen visibility is less than 3 statute miles from the PIC.
22.1fthe UAV 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 ofunpredicted obstacles or emergencies in accordance with the operating documents.

24.The PIC is prohibited from beginning aflight unless (considering wind and forecast weather conditions) there is enough powertofly at normal cruising speed to the intended landing point and land the UAS with 25% battery power remaining.
25.The operator must obtain an AirTraffic Organization (ATO) issued Certificate ofWaiver orAuthorization (COA) priorto conducting any operations underthegrant ofexemption. This GOAwill also require the operatorto request a Notice to Airman (NOT AM) not more than 72 hours in advance, but not less than 48 hours priorto the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued GOA including class ofairspace, altitude level and potential transponder requirements. It is understood, that as ofMarch 23, 2015, the FAAwill automatically grant a "blanket" GOAfor all flights underthe granted Section 333 exemption, provided that the aircraftweighs less than 55 pounds, operations are conducted during daytimeVisual Flight Rules (VFR) conditions and within visual line ofsight (VLOS) ofthe pilots, and stay certain distances awayfrom airports or heliports.
26.AII aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part47, 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 ofthe UAS must complywith the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.
28.The UAV must remain clear and yield the right ofwayto all manned aviation operations and activities at all times.
29.The UAS may not be operated by the PIC from any moving device orvehicle.
30.AII operations shall be conducted over publicly owned or controlled property. Any operation over privately owned propertywould require permission from the land owner/controller orauthorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.
31.Any incident, accident, orflight operation thattransgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable GOA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSBWeb site: www.ntsb.gov
THE CITY OF WESTMINSTERAFFIRMS ALL INFORMATION LISTED ABOVE TO BE TRUEAND BINDING UPON FAA'S FINDINGS OF EXEMPTION REGARDING COMMERCIAL OPPERATIONS OF LISTED UAS, UNTIL FURTHER NOTICE OF LAWS OR REGULATIONS DECIDED BYTHE GOVERNEMENT/FAA.

THANKYOU FOR YOUR CONSIDERATION.ROBERT KRUGMIRE WATER RESOURCES ENGINEER CITY OF WESTMINSTERDJI PHANTOM 2 VISION+ SPECIFICATIONSAND DATASHEET

GeneralFeatures 

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Aircraft

Transmitter Lightweight, multi-functional integrated aircraft and camera Camera remote-control by DJI VISION APP Range Extender increases Wi-Fi distance to 300m Anti-vibration camera platform with single axis stabilization Low-voltage protection Virtual Radar aircraft locatoron mobile device Range ofcamera tilt options Multiple, continuous and timed capture options HD Video Recording (1080/p30 or 1080/60i) RAW and JPEG picture formats
Battery 5200mAh LiPo Weight (Battery & Propellers Included) 1160g HoverAccuracy (Ready To Fly) Vertical: 0.8m; Horizontal: 2.5m MaxYaw AngularVelocity 200°/s MaxTiltAngle · 35° Max Ascent IDescent Speed Ascent: 6m/s; Descent: 2m/s Max Flight Speed 15m/s (Not Recommended) Diagonal Length 350mm TiltingRange OfGimbal 0°-60°
OperatingFrequency 5.728GHz-5.8GHz CommunicationDistance (Open Area) CE: 300m; FCC: 500m ReceiverSensitivity (IO;(,PER) -93dBm TransmitterPower CE: 25mw; FCC: 125mw WorkingVoltage 80 mA@6V Battery 4 AA BatteriesCamera

Range Extender

DJIVISION App 

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### • Resolution 14 Megapixels FOV 120°/110°/85° SensorSize 1/2.3" Functionality Support ofmulti-capture, continuous capture and timed capture Support of HD Recording (1080/p30 or 1080/60i) Supports of both RAW and JPEG picture format
OperatingFrequency 2412-2462MHz Communication Distance (Open Area) 300m TransmitterPower <=17dBm PowerConsumption 1.5W
System Requirement OfMobile Device iOS version 6.1 or above/Android system version 4.0 or above Mobile Device Support

• iOS recommended: iPhone 4s, iPhone 5, iPhone 5s, iPhone 6, iPhone 6 Plus,

• iPod touch 5 (available but not recommended: iPad 3, iPad 4, iPad mini)

• Android recommended: Samsung Galaxy S3, S4, Note 2, Note 3

• or phones of similar configuration