UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No.

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

**JUSTIN APPLEBY FOR AN EXEMPTION SEEKING RELIEF FROM THE**  **REQUIREMENTS OF**

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS**  **SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL**  **OPERATION OF DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading**  **Wings S800+, 3DR -**  **X8 Octo+ & 3DR Solo+ & 3DR Aero -**  **m Fixed Wing+, DJI**  **Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UNMANNED AIRCRAFT**  **SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATIO**  **N AND REFORM ACT OF 2012**  **(PUBLIC LAW**  **112-95)** Submitted on January

18, 2016 JUSTI N APPL EBY Po box 1238 West Yellowstone, MT 59758 (406)

- 539
- 7123GLOSSARY OF **TABLE OF CONTENTS** Page ABBREVIAT IONS
................................ ................................ ................. 3 SUMMARY
................................ ................................ ................................ ..................... 4 IN TRODUCTION AND INTERESTS OF PETITIONER
................................ ................ 4 BACKGROUND
................................ ................................ ................................ ................ 4 BASI S FOR PETITION
................................ ................................ ................................ .... 5 NAME AND ADDRESS OF PETITIONER
................................ .......................... 8 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH JUSTI N APPLEBY SEEKS EXEMPTI ON
................................ ................................ .......................... 8 THE EXTENT OF RELIEF JUSTI N APPLEBY SEEKS AND THE REASON JUSTI N APPL EBY SEEKS THE RELIEF
................................ 12 THE REASONS WHY GRANTING JUSTIN APPL EBY REQUEST WOULD BE IN THE PUBLIC INTEREST
................................ ................................ ....... 16 TH E REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY
................................ ................................ ..... 20 CONCLUSION
................................ ................................ ................................ ................ 39**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 Sy stem LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual Li ne of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing**SUMMARY** Justin Appleby seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & ( a)(2), and91.417(a) & (b), to operate an Unmanned Aircraft S ys tem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Justin Appleby to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purp ose of conducting aerial video and photography , cell tower land and infrastructure inspection for civil operations within the United States of America.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** My name is Justin Appleby ; I am currently a student pilot seeking m y private pilot rating. I have passed the written portion of the training and completed over 40 hours of flight training. I have been fl yi ng hobb y RC Aircraft & UAS for over 10 ye ars. I am currently seeking a section 333 exemption to fly UAS for commercial purposes. M y goal is to turn a hobby into a profession, and by obtaining an exemption Iwill pursue that goal. I will base my operations around data collection from UAS to provide solutions and improve safety standards within various application s. The main applications that Iwill focus on will be in energy , telecom, agriculture and humanitarian efforts. **BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fi xed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad Wings S800 UAS's Justin Appleby seeks an exemption to operate DJ I systems for compensation or hire within the NAS. The DJIPhantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA). These UAS’ s use a Ground Control Station (GCS), display ed on an electronic tablet or smartphone. The DJ I Phantom 2 Vision+ has a maximum gross weight of approximately 2 pounds 11 ounces, a length of 16 inches width of 16 inches, height of 8 inches, and a maximum spe ed of approximately

29 knots. The DJ I Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJ I Spreading Wings S800+ weighs 8 pounds 2 ounces, is 35 inches in length, 18 inches in width and 12.5 inches inheight, has a maximum gross weight 12 pounds 3.8 ounces, and Has a maximum speed of approximately

56 knots. The DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S80 0+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s are equipped with four main rotors ; driven b y Li thium Poly mer battery

powered electric motors. The DJ I Phantom 2 Vision+, DJ I Insp ire 1+, DJ I Spreading Wings S800+, 3DR
X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor QuadUAS that will be operated b y Justin Appleby will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking
.

**BASIS FOR PETITION** Petitioner, Justin Appleby , pursuant to the provisions of the Federal Avi ation 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 , hereb y petitions the Administrator to commerciall y operate the DJ I Phantom 2 Vision+, DJ I Inspi re 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad and Matrix Quad+, Sky

tractor Quad UAS’s in the National Airspace Sy stem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Justin Appleby operation of DJIPhantom 2Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Ae ro - m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad Matrix Quad+, Sk ytractor Quad UAS's 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. Accordingl y, Justin Appleby requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y appl y to aircraft with an airworthiness certifi cate. Justin Appleby submits that the requested relief is proper since an equivalent level of safety

will be ensured. Justin Appleby will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS's
u sing the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 Vision+ DJ I Inspire 1+ and DJI Spreading Wings S800 Instruction Manual). Furthermore, Justin Appleby will document and maint ain all maintenance records for the DJ I Phantom 2 Vision+, DJIInspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s Relief from certain requirement s of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested b y Justin Appleby to the extent necessary

to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
X8 Octo+ & 3DR Solo+ & 3DR Ae ro - m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s in a manner consistent with thisexemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structur es. Justin Appleby seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Justin Appleby submits that he will ensure that the DJIPhantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytractor Quad UAS ’ s are in an airworthy condition, prior to every

flight, by determining that the UAS's are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJI Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Qu ad+, and Sky tractor Quad Instruction Manual), and that the aircrafts are in a condition for safe flight. Justin Appleby also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAs will not have a t ypical barometric altimeter onboard. However, altitude information of the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytractor Quad UAs will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, whichdownlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Justin Appleby ’s operation of the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+ , 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS's within visual line of sight, at or below 500 feet AGL, will ensure a level of safet y equivalent to Section 91.121. Additionally , Jus tin Appleby seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions
. Justin Appleby submits that safety will not be affected by

operation of the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJISprea ding Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytractor Quad UAS’s during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Justin Appleby provides the follo wing information in support of its petition for exemption:

**A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is: Justin Appleby Po box 1238 West Yellowstone, MT 59758 (406).539.7123 Email: JustinAppleby@msn.com**B. The Specific Sections Of 14 C.F.R. From Which**  **Justin Apple by**  **Seeks Exemption.**  **1. Justin Appleby**  **Seeks Exemption From The Requirements Of Section**  **61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y for compensation or hire ; nor ma y that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may , for compensation or hire, act as PI C of an aircraft in connection with an y business or employment if

— (1) The flight is onl y incidental to that business or employment ; and The aircraft does not carry passengers or property

for compensation or hire. **2. Justin Appleby**  **Seeks Exemption From The Requirements Of Section**  **91.7(a).** Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3. Justin Appleby**  **Seeks Exemption From The Requirements Of Section**  **91.121.** Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft ; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station ; or (iii) In the case of an aircraft not equ ipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. **4. Justin Appleby**  **Seeks Exemption From The Requirements Of Section**  **91.151(b).** Section 91.151, entitled Fuel requirements for flight in V FR conditions , subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, a ssuming normal cruising speed, to fly after that for at least 20 minutes. **5. Justin Appleby**  **Seeks Exemption From The Requirement Of Section**  **91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **6. Justin Appleby**  **Seeks Exemption From The Requirements Of Section**  **91.407(a)(1)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.] **7. Justin Appleby**  **Seeks Exemption From The Requirements O**  **f Sections 91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had -- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by

§ 43.7 of this chapter ; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **8. Justin Appleby**  **Seeks Exemption From The Requirements Of Sections**  **91.417(a) And 91.417(b).**Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progre ssive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include-- (i) A description (or reference to data acceptable to the Administrator) of the work performed ; and (ii) The date of completion of the work performed ; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in s ervice of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safet y directives including, for each, the method of compliance, the AD or safet y directive number and revision date. If the AD or safet y directive involves recurring action, the time and date when the next acti on is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the peri ods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 y ear after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief**  **Justin Appleby Seeks And The Reason**  **Justin Appleby Seeks The Relief.**  **1. Extent Of Relief**  **Justin Appleby Seeks And The Reason**  **Justin Appleby Seeks Relief From Section 61.113(a) And (b).**  Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C holding a private pilot or higher level certificate, as well as a current and valid airman medica l 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 PI C of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment ; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more full y below, Justin Appleby submits that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS unless that PI C has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safel y operate either the DJIPhantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad 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, Justin Appleby submits that all flights of the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS's, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Justin Appleby 's business ; and (2) will not c arry passengers or propert y for compensation or hire. **2. Extent Of Relief**  **Justin Appleby Seeks And The Reason**  **Justin Appleby Seeks Relief From Section 91.7(a).**  Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent requ ired to allow Justin Appleby to determine that the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s are in airworth y condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Justin Appleby Aerial Operations Manual, Monthly Maintenance Log, DJIPhantom 2 Vision+, DJIInspire 1+, DJISpreading Wings S800+, 3DR
- X8 Oct o+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad Instruction Manual). Justin Appleby seeks the requested relief because the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Oc to+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Justin Appleby will ensure that the DJI Phantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, andSky tractor Quad UAS's are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 Vision+, DJI Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief**  **Justin Appleby Seeks**  **And The Reason Justin Appleby**  **Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJIPhantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, M atrix Quad+, and Sky tractor Quad Quad , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that an y altitude information co ncerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Justin Appleby seeks the requested relief because the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of th e proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safet y will be maintained since the DJIPhanto m 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+,H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAs are equipped with a barometric pressure sensor and GPS equipment, which automati call y ensures that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA on the heads-up display of the GCS. **4. Extent Of Relief**  **Justin Appleby Seeks**  **And The Reason Justin Appleby**  **Se eks**  **Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wing s S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytractor Quad UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Justin Appleby seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the b attery powered DJIPhantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytractor Quad UAs will severel y constrain the practicality of any aerial video or still photo flight operations that Justin Appleby proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad operating documents, and Justin Appleby proposed operating limitations, ensure that Justin Appleby will safely operate the battery

powered DJ I Phantom 2V ision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. **5. Extent Of Relief**  **Justin Appleby Seeks And The Reason**  **Justin Appleby Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),**  **And 91.417(a) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only appl y to aircraft with an airworthiness certificate, Justin Appleby requests relief from these Sections because the DJ I Phantom 2 Vision+, DJIInspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS's do not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytra ctor Quad meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Justin Appleby will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS's using the methods, te chniques, and practices prescribed in the UAS operating documents (i.e., the Justin Appleby Aerial Operations Manual, Monthly Maintenance Log, and the DJIPhantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m F ixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky

tractor Quad , Instruction Manual). Furthermore, Justin Appleby will document and maintain all maintenance records forthe DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad
**D. The Reasons Why Granting**  **Justin Appleby Request**  **Would Be In The Public Interest**  **; That Is, How It Would Benefit The Public As A Whole.** Grantin g the present Petition will further the public interest b y allowing Justin Appleby to safel y, efficiently , and economicall y perform aerial video and photograph y of construction sites, real estate, and landscape over certain areas of the United States. Addi tionally , use of the DJIPhantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , UAS's will decrease congestion of the NAS, reduce po llution, and provide significant benefits to the econom y. Notabl y, the benefits of Justin Appleby ’s proposed operation of the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3 +, H20 Quad UAS+, Matrix Quad+, and Sky

tractor QuadUAS's will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.**  The DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , UAs are battery powered and serve as a safe, efficient, and economical a lternative to the manned aircraft traditionally utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wing s S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- mFixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJIPhantom 2 Vision+, DJIInspire 1+, DJ I Sp reading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytractor Quad UAs do not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety And Efficiency Of The**  **DJI Phant om** **2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR** **- X8 Octo+ & 3DR Solo+ & 3DR Aero**  **- m**  **Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor**  **Quad UAS’s** Conducting aerial acquisitions with the DJIPhantom 2 Vision+, DJIInspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad instead of manned aircraft, will greatl y benefit the public by drasticall y reducing the levels of air and noi se pollution generated during traditional aerial video and still photography flight operations. By

using battery

power and electric motors, the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wi ng+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty picall y utili zed for aerial video and photograph y, while burning approximately 20-30gallons per hour of leaded aviation fuel. The DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Q uad UAS+, Matrix Quad+, and Sky tractor Quad UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled b y battery powered electric motors, rather than an internal combustion engine. By

using the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad Quad UAS’s to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJIPhantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces and 8 pounds 2 ounces respectively , at their maximum gross weights with lengths of 16 inches and 17.3 inches and 35 inches respectivel y, widths of 16 inches and 17.7 inches and 18 inches respectively, and with no fuel on board), has less phy sical potential fo r collateral damage to life and propert y on the ground, and in the air, compared to the manned aircraft that ty picall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacit y of 180 gallons). **3. Performing Aerial Video and Photography Operations With The**  **DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR** **- X8**  **Octo+ & 3DR Solo+ & 3DR Aero -**  **m Fixed Wing+, DJI Phantom 3+, H20**  **Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s**  **Will Benefit The Economy.** In addition to being safe and efficient, the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s will allow United States based companies, like Justin Appleby and, to remain competitive and contribute to growth of the U.S. econom y. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology

in order to remain competitive. Operating the battery powered DJ I Ph antom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytractor Quad UAS’s is one such technology that not onl y al lows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aer o - m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS's, companies such as Justin Appleby , can remain competitive and profitable, and therefore, provide greater job stability to employ ees and contractors, which will ultimate ly contribute to growth of the U.S. economy . I mproved financial performance of U.S. companies, through commercial use of the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
-X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+ , H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS's, provides a stable workforce that increases consumer spending ; Improves local, state, and federal tax revenues ; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.**  Similar to the manned aerial acquisition flight operations that have been conducted for decades, Just in Appleby ’s proposed operation of the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s will not implicate any

privac y issues. Specifically, the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s will be operated only in compliance with operating documents (i.e. Monthly Maintenance Lo g, and the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , Instruction Manual) which requires propert y owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

**E. The Reasons Why Granting The Exem**  **ption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To**  **That Provided By The Rule From Which Justin Appleby**  **Seeks Exemption.**  **1. Reasons Why The**  **DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR** **- X8 Octo+ & 3DR Solo+ & 3DR**  **Aero -**  **m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad**  **UAs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (F**  **MRA) Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Justin Appleby ’s operation of the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 O cto+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytractor Quad UAS’s meet the regulation and conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21 , Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y. Specificall y, FMRA Section 333 states the following, in part: (a ) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the da te of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the gui dance required by section 334 of this Act. (b ) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), the Secretary shall determine, at a minimum-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security ; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Justin Appleby submits that the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Q uad UAS’s can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJIPhantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H2 0 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS's ; (b) The pilot certification requirement ; And (c) the specific operating limitations.

**a. The Specifications Of The**  **DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR** **- X8 Octo+ & 3DR Solo+**  **& 3DR Aero -**  **m Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and**  **Skytractor Quad UAS’s Demonstrate Its Safe Characteristics.**  The DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability
.

**i. Technical Spec**  **ifications Of The DJI Phantom 2 Vision+,**  **DJI Inspire 1+, DJI Spreading Wings S800+, 3DR -**  **X8 Octo+ & 3DR Solo+ & 3DR Aero**  **- m**  **Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad**  **UAS’s** The technical specifications of the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJI Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s are set forth by the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad Specifications and Data Sheet, attachedhereto as Exhibit A, B and C. **ii. The**  **DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR** **- X8 Octo+ & 3DR Solo+ & 3DR Aero**  **- m**  **Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor**  **Quad UAS’s Autonomous Flight And Navigation Modes Enable**  **The UAS's To Remain Wi thin A Defined Operational**  **Area.** The DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s may

be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matri x Quad+, and Sky tractor Quad , UAS's is provided at pages 25-35 of the DJ I Phantom 2 Vision+ and pages 12-16 and 45-50 of the DJ I Inspire 1+, User Manuals, attached hereto as Exhibit D, E and F. **iii. The**  **DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR** **- X8 Octo+ & 3DR Solo+ & 3DR Aero**  **- m**  **Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad**  **, UAS's Are Designed For Automatic Return To Home Point Or Hover In The Ev**  **ent Of Loss Of The Control Link Or**  **Navigation.**
When the Control L ink is lost, the DJIPhantom 2 Vision+, DJ I Inspire 1+, DJI Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky trac tor Quad , UAs will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJIPhantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Qua d+, andSky tractor Quad , UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdo wn.

**iv. The**  **DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR** **- X8 Octo+ & 3DR Solo+ & 3DR Aero**  **- m**  **Fixed Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and**  **Skytractor Quad , GCS And Its**  **Operation.** A complete description of the operation and specifications of the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , GCS and flight control software is provided at pages 32 through 43 of the DJ I Phantom 2 Vision+, and DJ I Spreading Wings S800 User Manual and pages 40 through 47 of the DJ I Inspire 1+, User Manual. DJIPhantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky

tractor Quad , User Manuals are attached hereto as Exhibits C, D, And E **b. Flight**  **Operations Of**  **DJI Phantom**  **2 Vision+,**  **DJI Inspire**  **1+, DJI** 

**Spreading Wings**  **S800+, 3DR** **- X8**  **Octo+ &**  **3DR Solo+**  **& 3DR**  **A ero**  **** **m Fixed**  **Wing+, DJI**  **Phantom 3+,**  **H20 Quad**  **UAS+, Matrix**  **Quad+, and**  **Skytractor Quad**  **UAS’s Are**  **Lim ited**  **To The**  **Line Of**  **Sight Of**  **A Certificated Pilot in Command With A Safety**  **Observer.** Justin Appleby will only

utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of the DJIPhantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, andSky tractor Quad , UAS's. Additionally , a safet y observer will assist all pilots during flight time.

**c. Flights Of**  **DJI Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800+, 3DR** **- X8 Octo+ & 3DR Solo+ &**  **3DR Aero -**  **m Fixed**  **Wing+, DJI Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad UAS’s**  **Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, Justin Appleby proposes to commerciall y operate DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytractor Quad , UAS's for the special purpose of conducting aerial video and photograph y over areas of United States that do not pose any safety discrepancies to civilians, pursuant to the following specific operating limitations: 1. Operations authorized b y this grant of exemption will be limited to the following aircraft described in the operating documents, rotorc raft UAS's weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky

tractor Quad , Unmanned A ircraft Sy stems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograph y. 3. The UA s may

not be flown by

any at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request i s made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PI C to be able to use human vision unaided by any device other than corrective lenses, as specified on the PI C’s FAA-issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted.7. All operations must utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PI C alway s maintains VLOS capability . The SO and PI C 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 PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties bey ond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and lim itations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must a lso present updated and revised documents if it petitions for extension or amendment to the grant of exemption. I f the operator determines that an y update or revision would affect the basis upon which the FAA granted the exemption, then the operator must p etition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it i s in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for s afe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. 12. The pre-flight inspection must account for all p otential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspe ction, 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 p arts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS's operated under this exemption must comply with all manufacturer Safet y Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third- class medical certificate. 18. The operator may

not permit any

PI C to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated und er the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for th e 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 non-participants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be conducted during night, as defined in 14 C.F. R. § 19.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) ar e not authorized. 20. The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may

not be operated less than 500 feet below or less than 2,000 feet horizontally

f rom a cloud or when visibility is less than 3 statute miles from the PI C. 22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined location within the planned operating area and land or be recovered in accor dance with the operating documents.23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (CO A) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, regist ered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency

requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Gro und Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement official upon request. 29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, 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. I f 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 operated near vessels, vehicles or structures where theowner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and ;
c. Operations nearer to th e PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled-access propert y with permission from the land owner/controller or authorized re presentative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov
. **2. Reasons Why An Exemption From The Requirements Of Section**  **61.113(a) And (b) Would Not Adversely Affect Safety.** Justin Appleby submits that the equivalent level of safet y established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytrac tor Quad , UAS's unless that PIC has demonstrated, b y meeting minimum flight-hour and currency requirements, that the PI C is able to safely operate the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky

tractor Quad , UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Co nsidering Justin Appleby ’s proposed area of operations, and the operating limitations set forth-above ; the parallel nature of private pilot aeronautical knowledgerequirements to those of commercial pilot requirements (See Exemption No. 11062) ; and the air manship skills necessary

to safel y operate the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS , Justin Appleby submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for Justin Appleby ’s specific proposed flight operations. The FAA has previously

granted relief from Section 61.113 (a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Justin Appleby will not allow any PIC to operate the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS unless that PI C has demonstrated, by meeting minimum flight-hour requirements or the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Qu ad , UAS training and currency requirements, that the PI C is able to safely operate the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a mann er consistentwith 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the h our requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safet y during Justin Appleby ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PI C must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of tota l time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same m ake and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive ; I.e . 5 hours make and model time may be included in the 10 hours of multi-rotor t ime and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency

purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency

in the skills necessary

to safel y conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained i n compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and exp erience-building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Justin Appleby will ensure safe operations by not allowing any PI C to operate the D JIPhantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading WingsS800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , UAS unless that PIC has demonstrated, b y meeting minimum flight-hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)**  **Would Not Adversely Af fect Safety.**  The equivalent level of safet y established b y Section 91.7(a) will be maintained because prior to every

flight, Justin Appleby will ensure that the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 1113 8, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why An Exemption From The Requirements Of Section 91.121**  **Would Not Adversely Affect Safety.** The equivalent level of safet y established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor QuadSpreading Wings S800, UAs will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Justin Appleby operation of the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Qu ad , UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safet y equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude in itiation point is automatically established by

the UAS's at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 1 1063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section**  **91.151(b) Would Not Adversely Affect Safety.** A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo + & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytractor Quad , UAS's ; (2) the limitations on the proposed flight operations ; and (3) the location of the proposed flight operations. Accordingl y, Justin Appleby will ensure that it will safely operate the battery

powered DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, andSky tractor Quad , UAs during daylight hours i n VFR conditions, with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical s pecifications of the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , UAS's ; the limitations on the proposed flight operations ; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJIPhantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Oc to+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , UAS's provide audible and visual warnings to the PI C at the GCS when the UAs experiences low battery voltage, the first warning occurring at approx imately

30% remaining battery

power, and again at approximately 10% remaining battery power. At the critically

low battery

level, the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I P hantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , UAS's will descend and land automatically
. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 Establish that safety is not adversel y affected when the technical characteri stics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously grant ed relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673,11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080). **6. Reasons Why An Exemption From The**  **Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b)**  **Would Not Adversely Affect Safety.** In seeking this exemption, Justin Appleby submits that the equivalent level of safet y with regard to the regulatory maintenanc e and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Justin Appleby will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS's using the methods, techniques, and practices prescribed in the operating documents (i.e., the Justin Appleby Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR S olo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , Instruction Manual). Furthermore, Justin Appleby will document and maintain all maintenance records for the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreadi ng Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s Since the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fix ed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Skytractor Quad , UAS's will be inspected as prescribed b y the operating documents, Justin Appleby will maintain the equivalent level of safety

established by

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Likewise, the exemption sought will not adversel y affect safety because Justin Appleby will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescrib ed by the operating documents.Furthermore, the exemption sought would maintain an equivalent level of safet y established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJIPhantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytractor Quad UAS’s will be performed by trained technicians. Maintenance will be docume nted and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safet y is not adversel y affected when th e technical characteristics and operating limitations of the UAS are considered. In consideration of Justin Appleby ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Sprea ding Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , UAS's, Justin Appleby submits that safety will not be adversely

affected by

granting exemption from 14 C.F.R. Sections 9 1.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previousl y granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 110 66, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.**  In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Justin Appleby requests that the FAA prescribe special conditions for the intended operation of the DJIPhantom 2 Visio n+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ &3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , UAS's, which contain such safety standards that the Administrator finds necessary

to establ ish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit saf e operation of the UAs for the limited purpose of conducting aerial video and photograph y over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to u sers of the NAS or the public, or otherwise pose a threat to national security ; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operat ion of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS's, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safet y standards, due to the novel or unusual design features o f the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain su ch safet y standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safet y equivalent to that established in the regulations.See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C .F.R. § 21.16, the FAA may prescribe special conditions for Justin Applebyintended operation of the DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Q uad+, and Sk ytractor Quad , UAS's, which contain such safet y standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91. 121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

· **A Summary That Can Be Published In The Federal Register, stating: The Rules From Which**  **Justin Appleby Seeks Exemption:**  Justin Appleby seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption Justin**  **Appleby Seeks**  **:** This exemption will permit Justin Appleby to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

· **Any Additional Information, Views, Or Arguments Availab le To Support**  **Justin Appleby ’s**  **Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may

operate safel y in the NAS. As such, Ju stin Appleby ’s request for exemption may

be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y ; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Justin Appleby will operate the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJISpreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad , UAS's safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y.**CONCLUSION** As set forth herein, Justin Appleby 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 DJ I Phantom 2 Vision+, DJIInspire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJIPhantom 3+, H20 Q uad UAS+, Matrix Quad+, and Sky tractor Quad UAS’s commerciall y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrat or will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Justin Appleby to safel y, efficientl y, and economicall y operate the DJ I Phantom 2 Vision+, DJIIn spire 1+, DJ I Spreading Wings S800+, 3DR
- X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sk ytractor Quad UAS’s commercially within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Ju stin Appleby respectfull y requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91 .407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Justin Appleby to operate the DJ I Phantom 2 Vision+, DJ I Inspire 1+, DJ I Spreading Wings S800+, 3DR
X8 Octo+ & 3DR Solo+ & 3DR Aero
- m Fixed Wing+, DJ I Phantom 3+, H20 Quad UAS+, Matrix Quad+, and Sky tractor Quad UAS's commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States. Dated: January

18, 2016Respectfully submitted, Justin Appleby
Justin Appleby Justin Appleby Po box 1238 West Yellowstone, MT 59758 206
- 641
- 6272 Em ail: j ustinappleby@msn.com