Aerial 51 FL LLC

. **DECEMBER 19, 2015** 1

U.S. Departm ent of Transportation Docket Managem ent System 1200 New

Jersey ave., SE Wa shington, DC 20590 Re: **Exemption Petition under section 333 of the FAA Modernization & Reform Act, and Title 14 Part 11 of the Code of Federal Regulations (C** 
**. F** 
**. R** 
**. )**  14 CFR 61.113, 14 CFR 91.7, 91.119, 91.121, 91.151 14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417) Dear sir or m adam, Pursuant of section 33 of the FAA FAA Modernization & Reform Act, and Title 14 C.f.R. Part 11, Aerial 51 FL LLC (Aerial 51 ) hereby applies for the grant of exem ption from certain Federal Aviation Regulations for a DJI Phantom II (Phantom ) Unmanned Aircraft manufactured by DJI Co., Ltd. of China. The request exem pti on would support an application for a commercial Certificate of Authorization (COA) to use the Phantom to support real estate aerial photography, videography, and aerial surveying for other commercial industries. The Phantom Unm anned Aircraft System (UAS) consists of a lightweight (4lbs) battery operated quadcopter unmanned aircraft, onboard cam eras, and associated communications equipm ent. The Phantom Unm anned Aircraft (UA) has previously dem onstrated to have successfully me the safety and operational requ irem ents resulting in previous grants of the section 333 exem ptions request by other commercial UAS operators. The Phantom UA carries an on board cam era system that allows it to preform aerial photography, videography, and surveying. By approving the exemption, the Aerial 51 ’ UAS operations will create benefits to both the econom y and the environm ent which are ultim ately in the public interest.
The aircraft will be operated with both a Pilot in Command and a Visual Observer in accord ance with the following additional restrictions:

- All operations will occur at no m ore than 400' AGL

- The aircraft will be operated with the perm ission of the property ownerAerial 51 FL LLC

. **DECEMBER 19, 2015** 2

- Wh en necessary, applicable perm its will be acquired from local authorities

- The aircraft will not be operated over urban or populated areas

- The aircraft will not be operated at air shows or over an open
- air assembly of people

- The aircraft will no t be operated over heavily trafficked roads

- Operations will be lim ited to day, visual m eteorological conditions

- Aircraft will rem ain within Visual Line of Sight at no greater than 1/2 NM of the PIC at all tim e

- Wh ile the aircraft is airborne, the V O will be positioned within voice distance to the PIC

- Wh en necessary and applicable, Aerial 51 will file a NOTAM providing radial/DME, radius, and a date/tim e group for each operation For certain com plex operations, Aerial 51 ma y assign one or two sens or/software operators to assist the operations. Wesubm it that the combination of ;

- Phantom UAV’s light weight and historically dem onstrated safe operation and receiving approvals of multiple section 333 petitions

- Fully qualified flight crew

- Res tricted operations under the guidelines established within the grant, the FAA can have confidence that Aerial 51 ’ UAS the operations will have an equivalent or greater level of safety of m anned aircraft performing the sam e m ission. Weare prepared to m o dify or am end any part of this request to satisfy the need for an equivalent level of safety. Additional docum ents supporting this petition will be subm itted following this request. Welook forward to working with your office. Please contact us at any t im e if you require additional inform ation or clarification. Respectfully,

Clinton Joshuah Hum phreys Aerial 51 LLC 726 Bob McCaskill Drive Defuniak Springs, FL 32433 (850) 333
- 9956 Em ail:Aerial 51 FL LLC

. **DECEMBER 19, 2015** 3

**TABLE OF CONTENTS** NAME, ADDRESS CONTACT INFORMATION OF PETITIONER .......................Page 4 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM W HICH AERIAL 51 SEEKS EXEMPTION...................................................................................................Page 4 THE EXTENT OF RELIEF Aerial 51 SEEKS AND THE REASONS Aerial 51 SEEKS THE RELIEF .................................................................Pages 4 to 6 THE REASONS WH Y GRANTING Aerial 51 ’s REQUEST WO ULD BE IN THE PUBLIC INTEREST ........... ................................................................... Page 7 THE REASONS WH Y GRANTING AERIAL 51 THE EXEMPTION WO ULD NOT ADVERSELY AFFECT SAFETY ........................................................................ Page 8 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...............Page 9 ANY ADDITIONAL INFORMATION, VIEW S, OR ARGUMENTS AVAILABLE TO SUPPORT AERIAL 51 ’S REQUEST.................................Page 10 ACRONYMS............................................................................ Pages 11 & 12Aerial 51 FL LLC

. **DECEMBER 19, 2015** 4

**NAME, ADDRESS AND CONTACT INFORMATION OF PETITIONER** Clinton Joshuah Hum phreys Aerial 51 LLC 726 Bob McCaskill Drive Defuniak Springs, FL 32433 Tel: 850
- 333
- 9956 Em ail: josh3339956@yahoo.com **THE SPECIFIC SECTIONS OF 14 CFR TO BE RELIEVED FROM** 14 CFR 61.113, 14 CFR 91.7, 91.119, 91.121, 91.151 14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417) **THE EXTENT OF RELIEF AE**  **RIAL 51 SEEKS AND THE REASONS**  **AERIA L 51**  **SEEKS THE RELIEF**  **14 CFR 61.113 Private pilot privileges and limitations:** Part 61.113 provides that no person that holds a private pilot certificate m ay act as pilot in command of an aircraft for com pensation or hire. Subparagraph (b) allows a private pilot to act as pilo t in command of an aircraft in connection with any business or em ploym ent if; (1) flight is only incidental to that business or employm ent; and (2) The aircraft does not carry passengers or property for com pensation or hire. Since the aircraft cannot carry passengers or property, we request to be relieved from this regulation if our pilots at m inimum, (1) hold at least a current private pilot certificate and, (2) hold a current third class m edical certificate. By m eeting conditions (1) and (2), we be lieve that equivalent level of safety can be achieved by com plying with 61.113 Subparagraph (b) even though the intent of this application is to conduct a business. **14 CFR 91.7 Civil A ircraft A**  **irworthiness.** 14CFR 91.7 (a) states, “No person m ay operate a civil aircraft unless it is in an airworthy condition.” This rule prohibits the operation of an aircraft w ithout an airworthiness certificate. Since there is no such existing certificate that is applicable for the Phantom UAS to properly com ply with the FARs, we request that Aerial 51 to be relieved from this regulation.Aerial 51 FL LLC

. **DECEMBER 19, 2015** 5

To provide equivalent level of safety, we will ensure that the Phantom UAS is in airworthy condition prior to every flight by following safety procedures described in our operating docum ents. **14 CFR 91.119 Minimum safe altitudes: General** This regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operatin g at a m axim um of 400 feet AGL, we cannot com ply with this requirem ent. To provide an equivalent level of safety we will only fly over private property with the perm ission of the land owner. The land owner will be briefed of the expected route of flight and the associated risks to persons and property on the ground. W e maintai n that due to the sm all size of the Phantom , the hazard to persons, vessels, vehicles, and structures is not com parable to m anned aircraft and should be considered in granting the exem ption. **14 CFR 91.121 A ltimeter Settings**  This regulation provides that aircraft shall m aintain cruising altitudes by reference to an altim eter setting available within 100 nautical m iles of the aircraft. The Phantom aircraft will fly below 400 feet AGL and will not need to maintain hem ispherical cruising altitudes in order to de
- conflict with other aircraft. To provide an equivalent level of safety, the PIC will check and confirm the Phantom ’s GPS altitude read out before each flight. **14 CFR 91.151 Fuel requirements for flight in VFR conditio ns.**  The regulation provides that no person m ay begin a flight in an airplane under day
-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. Webelieve the intention of thi s rule is to provide a reserve of energy as a safety buffer for go
- arounds and other delays to landing. The Phantom UAS is battery operated and the maxim um duration of flight with full payload, fro m asingle battery charge is approxim ately 25 m inutes. We believe that equivalent level of safety can be achieved by lim iting our flight tim e to 20 minutes with reserve energy 20 % ( 5 m inutes) on the battery.Aerial 51 FL LLC

. **DECEMBER 19, 2015** 6

**14 CFR 91 Subpart E ( 91.405, 91.407, 91.409, 91.417 ) Maintenance, Preventive Maintenance, an**  **d Alterations** The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for ret urn to service by a person authorized under 43.7" after m aintenance and inspection. It is our intention that the PIC, VO or authorized personnel to perform m aintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." Aerial 51 requests that exem ptions to the regulations under conditions below; (1) Aerial 51 will follow

Phantom ’s m anufacturer m aintenance instructions, techniques and procedures (2) Aerial 51 will designate, train, and docum ent the personnel who will be authorized to perform Inspection, Maintenance and Alterations by m eans of above stated m aintenance instructions. Such designated personnel m ay include PIC, VO or other equivalent trained person s (3) To ensure equivalent level of safety, PIC will inspect the UA before each flight looking for any structural or m echanical m alfunctions Due to the sm all size, light weight and sim plicity of the Phantom UAS, we believe that the equivalent safety wil l be achieved by perm itting any of the PIC, VO or equivalent trained personnel, to perform maintenance, inspection and alterations of the aircraft and " be authorized to approve the aircraft for return to service. "Aerial 51 FL LLC

. **DECEMBER 19, 2015** 7

**THE REASONS WHY GRA NT**  **ING AE**  **RIA L 51**  **’S REQUEST WOULD BE IN THE PUBLIC INTEREST**  Webelieve that granting our exem ption request from, 14 CFR Part 21.191 14 CFR Part 45.23, 45.29 14 CFR 61.113, 61.133 14 CFR 91.9, 91.119, 91.121, 91.151 14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417), is in the public’s interest and will benefit the public as a whole for the following reasons. 1
- Phantom is battery operated and free from the harmful em issions associated with the m anned aircraft tha t are currently used for aerial photography and videography. As recently proven by several grants of section 333 petitions, UASs offer equivalent level of safety w hile reducing environm ental impacts, w hich is in the public interest. 2
- Aerial 51 ’ UAS op erations will contribute to **a positive aggregate economic impact**  resulting in **creation of jobs** both direct and indirectly. Econom ic Research estim ates that the UAS market will grow from $6 billion to $ 94 billion over the next decade resulting in a new workforce developm ent. Because Aerial 51 s ’ operations will create **new jobs** such as pilots, flig ht operation staff, and adm inistrative supporting staff, it will directly cause **positive economic impact**  , hence granting Aerial 51 s ’ petition will benefit the public as a whole. 3
- **Congress has already proclaimed**  that it is in the public’s interest to in tegrate Commercially flown UAS(s) into the national airspace system , hence the passing of the FAA Modernization and Reform Act of 2012. Granting Aerial 51 ’ petition furthers the public’s interest as a dem onstrated progression of integrating Unm anned Airc raft System s into National Air Space, thus it will benefit public as a w hole.Aerial 51 FL LLC

. **DECEMBER 19, 2015** 8

**THE REASONS WHY GRA NT**  **ING A ERIA**  **L 51’S THE EXEMPTION WOULD**  **NOT ADVERSELY A FFECT SAFETY**  Aerial 51 believes that the grant of exem ption from , 14 CFR 61.113, 14 CFR 91.7, 91.119, 91.121, 91.151 14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417), will not adversely affect safety by a com bination of the reasons listed below

. (a) W e have stated in the above section **“ THE EXTENT OF RELIEF**  **AERIAL 51 SEEKS AND**  **THE REASONS AERIAL 51**  **SEEKS THE RELIEF ”** by describing how we intend to m itigate risk and accom plish FAA equivalent and acceptable level of safety for each 14 CFR part. (b) As a result of Phantom unm anned aircraft’s size, weight, speed, operational capability, proxim ity to airports and populated areas, operation within visual line of sight com bined with the im plem entation Aerial 51 ’ of safety procedures, we believe that g ranting Aerial 51 ’ exem ption request will not adversely affect safety. (c) DJI Phantom II has dem onstrated to satisfy necessary safety risk m itigation by FAA thus resulting in multiple grants of section 333 petitions. Because of the combination of Phan tom ’s proven success and the conditions and lim itations of our operations, we believe granting Aerial 51 request will not adversely safety.Aerial 51 FL LLC

. **DECEMBER 19, 2015** 9

**SUMMARY THAT CAN BE PUBLISHED IN THE FEDERA L REGISTER**  Departm ent of Transportation Federal Aviation Adm inistration Petitioner: Aerial 51 FL LLC Petition of exem ption from sections of ; 14 CFR 61.113, 14 CFR 91.7, 91.119, 91.121, 91.151 14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417) Description of relief sought; Aerial 51 seeks an exemption for commercial operation of the Phantom unm anned aircraft manufactured by DJI Co, Ltd. of China. The Phantom unm anned aircraft system has an onboard cam era system capable of acquiring high resolution data. Proposed operations will offer real estate aerial photography, videography and aerial surveying services for other commercial industries.Aerial 51 FL LLC

. **DECEMBER 19, 2015** 10

**ANY ADDITIONA L INFORMATION, VIEWS, OR A**  **RGUMENTS AVAILA BLE TO**  **SUPPORT AERIAL 51**  **’S REQUEST** 


# Phantom II Unmanned **Ai rcraft System**  **General Features**

Ready to Fly, Multifunctional Quad
- rotor System Custom ized H3
- 2D and H3
- 3D Gim bal Support Precision Flight and Stable Hovering 25m in Flight Time & Sm art Battery Auto Return
-to
- Hom e & Landing Advanced Power Managem ent Intelligent Orientation Control (IOC) Easy Battery Replacement Self
-tightening Propeller Video Downlink Support CAN
- Bus Expansion Module Control Link radio operating frequency 2.4 GHz ISM Operating Distance 0.65 m iles 

### Ai **rcraft Performance** Em pty W eight 2.5 lbs Max Take
- off We ight 4 lbs Max Flight Speed 30 Knots Hover Accuracy (Ready to Fly) Vertical: 0.8m; Horizontal: 2.5m Max Yaw Angular Velocity 200°/s Max Tilt Angle 35° Max Ascent / Desce nt Speed Ascent: 6m /s; Descent: 2m/s Diagonal Length 350mm Flight Tim e 25 minutes 

### No Privacy

**Issues** Aerial 51 ’ proposed operations will create no privacy issues because the Phantom UAS will be operating in rural areas within the boundaries of the pro perties w ith the land owner’s perm ission. Aerial 51 will also obtain any perm its or authorizations from local authorities when necessary.Aerial 51 FL LLC

. **DECEMBER 19, 2015** 11



## Acronyms AGL Above Ground Level ALoS Acceptable Level of Safety AMOC Alternative Method of Com pliance ASI Aviation Safety Inspector ATC Air Traffic Control ATCAA Air Traffic Control Assigned Airspace ATS Air Traffic Service AVS Aviation Safety CFR Code of Federal Regulations COA Certificate of Wa iver or Authorization CRM Crew Resource Managem ent CS Control Station CRS Certified Repair Station DCP Divert/Contingency Point DHS Departm ent of Hom eland Security DME Distance Measuring Equipm ent DOD Departm ent of Defense DSA Detect, Sense, and Avoid System FAA Federal Aviation Adm inistration FCC Federal Communications Commission FARs Federal Aviation Regulations FIR Flight Information Region FL Flight Level FSIMS Flight Standards Information Managem ent System FTP Flight Term ination Point FTS Flight Term ination System AERIAL 51 AERIAL 51 FL LLC GHz Gigahertz GCS Ground Control Station MHz Megahertz MTOW Maxim um Takeoff W eight NAS National Airspace System NM Nautical Mile NOTAM Notice To Airm an OPA Optionally Piloted Aircraft PIC Pilot in Comm and Phantom Phantom Unm anned Aircraft System Phantom Phantom Unm anned Aircraft R&D Research and Development RF Radio FrequencyAerial 51 FL LLC

. **DECEMBER 19, 2015** 12



## Acronyms RM Risk Managem ent RNAV Area Navigation RTB Return to Base RVSM Reduced Vertical Separation Minim um TAS Traffic Advisory Systems TC Type Certificate UA Unm anned Aircraft UAS Unm anned Aircraft System (s) UAV Unm anned Aerial Vehicle VFR Visual Flight Rules VMC Visual Meteorological Conditions VO Visual Observer