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:**

**TOMVON Photography 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**  **+ AND DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS**  **PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012** 

**(PUBLIC LAW 112 -**  **95)**

Submitted on March 2 , 2015 Thomas Todd vonAhlefeld TOMVON Photograph y 1725 Cleneay

Ave, Apt 2223 Norwood, OH 45212 Tel: (603) 593

- 20902 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS.

.. ........................................................................... . ....3 SUMMARY.

.. ........................................................... .............................................................4 IN TRODUCTION AND INTERESTS OF PETITIONER

... .................................................4 BACKGROUND

... .................................................................................. ...............................4 BASI S FOR PETITION...

... ...................................................................................................5 NAME AND ADDRESS OF PETITIONER

.... .................................................... .. ...7 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH TOMVON PHOTOGRAPHY SEEKS EXEMPTI ON.

.... . . ................................................... . ......8 THE EXTENT OF RELIEF TOMVON PHOTOGRAPHY SEEKS AND THE REASON TOMVON PHOTOGRAPHY SEEKS THE RELIEF...

.. ... ... ... .. .........11 THE REASONS WHY GRANTING TOMVON PHOTOGRAPHY’S REQUEST WOULD BE IN THE PUBLIC INTEREST

......... ...................................... ..... .....15 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY

....... ..................... ..............................................19 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER...... 34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT TOMVON PHOTOGRAPHY’S REQUEST... ......34 CONCLUSION

... ...................... ............................................................. ..............................35 APPENDI CES........................................................................................373 **GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace 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 L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** TOMVON Photograph y seeks exemption from the requirements of 14 C.F.R §§ 61.113 (a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft S ys tem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit TO MVON Photograph y to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF TH E PETITIONER**  TOMVON Photograph y provides its clients with expertise and knowledge in advanced technologies and solutions to increase efficiency , productivity and effectiveness. TOMVON Photograph y is experienced in all aspects of aerial video and photograph y . The objective of TOMVON Photography ’s aerial video and photograph y operations is to provide low cost, high quality imaging for a variety

of comme rcial and residential customers
. **BACKGROUND** Unmanned Aircraft Sy stem s : DJIPhantom 2 Vision+, DJ I Inspire 1 UASs TOMVON Photograph y seeks an exemption to operate DJ I s ys tems for compensation or hire within the NAS. The DJ I Phantom 2 Vision+ and DJ I In spire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems . The DJ I Phantom 2 Vision+ has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches , height of 8 inches, and a maximum speed of5

approximat ely

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 DJIPhantom 2 Vision+ and DJIInspire 1 UA s are equip ped with four main rotors; driven by L ithium Poly

mer battery

powered electric motor s . The DJ I Phantom 2 Vision+ and DJ I Inspire 1 UA s that will be operated b y TOMVON Photograph y will be registered in accordance with 49 U.S.C. 44103, Registration of Aircra

ft , 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, TOMVON Photograph y , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commercial ly operate the DJ I Phantom 2 Vision+, DJ I Inspire 1 UAS s in the National Airspace S ys tem (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 91.41 7(a) & (b). In consideration of the speed, weight, size , and limited operating area associated with the unmanned aircraft and its operation, TOMVON Photography ’s operation of DJ I Phantom 2 Vision+ and DJIInspire 1 UAS s meets the conditions of FMRA Sectio n 333 and therefore, will not require an airworthiness certificate in accordance wi th 14 C.F.R. Part 21, Subpart H.6 Accordingl y, TOMVON Photography 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 certificate. TOMVON Photograph y submits that the requested relief is proper since an equivalent level of safety will be ensured. TOMVON Photography will use experienced personnel or 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 TOMVON Photo graph y Aerial Operations Manual , Monthly Maintenance Lo g, and DJIPhantom 2 Vision+ and DJIInspire 1 Instruction Manual). Furthermore, TOMVON Photography will document and maintain all maintenance records for the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s . Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by TOMVON Photography to the extent necessary

to allow a Pilot in Command (PI C) holding a private pilot or high er 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+ and DJ I Inspire 1 UAS s in a manner consist ent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. TOMVON Photograph y seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because th e DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, TOMVON Photograph y submits that it will ensure that the DJ I Phantom 2 Vision+ and7

DJIInspire 1 UAS s are in an airworth y condition, prior to every flight, by determining that the UAS s are in compliance with the operating documents (i.e., the TOMVON Photograph y Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 2 Vision+ and DJ I Inspire 1 Instruct ion Manual) , and that the aircraft are in a condition for safe flight. TOMVON Photograph y also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UA s will not have a ty

pi cal barometric altimeter onboard. However, altitude information of the DJIPhantom 2 Vision+ and DJIInspire 1 UA s will be provided to the PI C via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with TOMVON Photography ’s operation of the DJI Phantom 2 Vision+ and DJ I Inspire 1 UASs within vis ual line of sight, at or below 5 00 feet AGL, will ensure a leve l of safety equivalent to Section 91.121. Additionally , TOMVON Photograph y seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. TOMVON Photograph y submits that safety will not be affected by operation of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UA 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 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

.8 In accordance with 14 C.F.R. § 11.81, TOMVON Photograph y provides the following information in support of its petition for exe mption: **A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is: Thomas vonAhlefeld D.B.A. TOMVON Photograph y 1725 Cleneay

Ave, Apt 2223 Norwood, OH 45212 Tel: 9603) 593

- 2090 Email: tomvonphotogaphy@gmail.com **B. The Spec ific Sections Of 14 C.F.R. From**  **Which TOMVON Photography**  **Seeks Exemption.**  **1. TOMVON Photography**  **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 may

that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or emp loy ment if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2. TOMVON Photography**  **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.9 **3. TOMVON Photography**  **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 equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. **4. TOMVON Photography**  **Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. **5. TOMVON Photography**  **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[.]10 **6. TOMVON P**  **hotography 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. TOMVON Photography**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y 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. TOMVON Photography**  **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 th e periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

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

--11 (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airfram e, 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 ov erhauled 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 safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next 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 f or the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar 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 § 43.11 of this chapter shall be retained until the defects are repaired and the air craft is approved for return to service.12

**C. The Extent Of Relief TOMVON Photography**  **Seeks And The Reason TOMVON**  **Photography Seeks The Relief.**  **1. Extent Of Relief TOMVON Photography**  **Seeks And The Reason TOMVON**  **Photography 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 certificat e, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth i n 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 fl ight is only incidental to that business or employ

ment; and (2) The aircraft does no t carry passengers or propert y for compensation or hire. As set forth more full y below, TOMVON Photography submits that an equivalent level of safety

will be maintained because no PI C will be allowed to operate the DJ I Phantom 2 Vision+ UAS or DJ I Inspire 1 UAS unless that PI C has met certain flight

- hour and currency

requirements, demonstrating that the PI C is able to safely operate either the DJIPhantom 2 Vision+ or DJ I Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, TOMVON Photography submits that all flights of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UA S s , conducted b y the PI C pursuant to the grant of this13

Petition: (1) will be incidental to TOMVON Photograph y’s business; and (2) will not carry passengers or property

for compensation or hire. **2. Extent Of Relief TOMVON Photography**  **S eeks And The Reason T**  **OMVON Photography**  **Seeks Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow TOMVON Photograph y to determine that the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s are in airworthy condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., the TOMVON Photograph y Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 2 Vision+ and DJ I Inspire 1 Instruction Manual)

. TOMVON Photograph y seeks the requested relief because the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, TOMVON Photography will ensure that the D JIPhantom 2 Vision+ and DJIInspire 1 UAS s are in airworth y condition based upon its compliance with the operating documents (i.e., the TOMVON Photograph y Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 2 Vision+ and DJ I Inspire 1 Instr

uction 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 TOMVON Photography**  **Seeks And The Reason TOMVON**  **Photography 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+ and DJIInspire 1 UAS s, 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 concerning UAS op erations14

be reported to air traffic control (ATC) in feet above ground level (AGL), TOMVON Photograph y seeks the requested relief because the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UA’s altimeter may

be set on the ground to zero feet AGL, rather than the local barometric pressure or fie ld altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below . As more full y set forth herein, an equivalent level of safety will be maintained since the DJIPhantom 2 Vision+ and DJIInspire 1 UA s are equipped with a barometric pressure sensor and GPS equipment, which automaticall y ensures that a ground level press ure 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 TOMVON Photography**  **Seeks And The Reason TOMVON**  **Photography Seeks 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+ and DJIInspire 1 UA s during daylight hours in visual meteoro logical 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 mi nutes. TOMVON Photograph y seeks the requested r elief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 2 Vision+ and DJIInspire 1 UAs will severel y constrain the practicality of any aerial video or still photo flight operations that TOMVON Photograph y proposes to
co nduct pursuant to this Petition.15 Significantl y, as set forth below, the technical specifications of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs , the DJ I Phantom 2 Vision+ and DJ I Inspire 1 operating documents, and TOMVON Ph otograph y’ s proposed operating limitations, ensure that TOMVON Photograph y will safely operate the battery

powered DJ I Phantom 2 Vision+ and DJ I Inspire 1 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 TOMVON Photography**  **Seeks And The Reason TOMVO**  **N Photography**  **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, TOMVON Photography requests relief from these Sections because the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s do not require airworthiness certificate s . As set forth more fully below, the DJI Phantom 2 Vision+ and DJ I Inspire 1 UAS s meet the conditions o f FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, TOMVON Photograph y will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS s using the methods, techniques, and practices pres cribed in the UAS operating documents (i.e., the TOMVON Photograph y Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Inspire 1 Instruction Manual). Furthermore, TOMVON Photograph y will document and maintain all maintenance records for the DJ I Phantom 2 Vision+ and DJIInspire 1 UASs

. **D. The Reasons Why Granting TOMVON**  **Photography’s Request Would Be In The**  **Public Interest; That Is, How It Would Benefit The Public As A Whole.**16 Grant ing the present Petition will further the public interest by allowing TOMVON Photograph y to safel y, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States

. Additionally , use of the DJIPhantom 2 Vision+ and DJIInspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the
econom y. Notabl y, the benefits of TOMVON Photograph y’ s proposed operation of the DJ I Phantom 2 Vision+ and DJIInspire 1 UAS 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+ and DJ I Inspire 1 UAs are battery powered and serve as a safe, effic ient, and economical alternative 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+ or DJ I Inspir e 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, 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+ and DJIInspire 1 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled 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 Phantom 2 Vision+ and DJI Inspire 1**  **UAS s**  **.**17 Conducting aerial acquisitions with the DJIPhantom 2 Vision+ and DJ I Inspire 1 UAS s , instead of manned aircraft, will greatl y benefit the publi c by drastically

reducing the levels of air and noise pollution generated during traditional aerial video and still photograph y flight operations. By using battery

power and electric motors, the DJ I Phantom 2 Vision+ and DJIInspire 1 UAS s produce no air p ollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typicall y utilized for aerial video and photography , while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 2 Vision+ and DJIInspire 1 UAs , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA s are propelled by battery powered electric motors, rather than an internal combust ion engine. By using the DJ I Phantom 2 Vision+ and DJ I Inspire 1 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, w ill be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJIPhantom 2 Vision+ and DJIInspire 1 UAs (weighing approximately

2 pounds 11 ounces and 6 pounds 7.5 ounces respectivel y, at their maximum gross weight s with length s of 16 inches and 17.3 inches respectively , widths of 16 inches and 17.7 inches respectivel y , and with no fuel on board), has less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty pically conduct similar operations (weighing approximately 6,0 00 pounds with a wingsp an of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).18 **3. Performing Aerial Video and Photography Operations With The**  **DJI Phantom 2 Vision+ and DJI Inspire 1**  **UAS s**  **Will Benefit The Economy.** In addition to being safe and efficient, the DJ I Phantom 2 Vision+ and DJ I Inspire 1 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+ and DJIInspire 1 UA S s will allow United States based companies, like TOMVON Photography , to remain competitive and contribute to growth of the U.S. economy . Specificall y, 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 Phantom 2 Vision+ and DJIInspire 1 UAS s is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost o f a traditional manned aircraft. By operating the DJ I Phantom 2 Vision+ an d DJ I Inspire 1 UAS s , companies such
as TOMVON Photography , can remain competitive and profitable, and therefore, provide greater job stability

to employees and contractors, which will ultimately contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 2 Vision+ and DJIInspire 1 UAS s , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in res earch 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, TOMVON Photography ’s proposed oper ation of the DJ I Phantom 2 Vision+ and19

DJIInspire 1 UAS s will not implicate any privacy issues. Specificall y, the DJIPhantom 2 Vision+ and DJ I Inspire 1 UAS s will be operated only in compliance with operating documents (i.e., the TOMVON Photograph y Aeria l Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 2 Vision+ and DJIInspire 1 Instruction Manual) which requires property

owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That**  **Provided By The Rule From Which TOM** **VON Photography Seeks Exemption.**  **1. Reasons Why The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs**  **Meet The**  **Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, TOMVON Photography ’s operation of the DJIPhantom 2 Vision+ and DJIInspire 1 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance wi th 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 security. 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 date 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 Ac t or the guidance required by section 334 of this Act.20 (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 sys tem or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, TOMVON Photography submits that the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s can operate safely in the NAS pursuant to FMRA Sect ion 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s ; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 2 Vision+ and DJI Inspi**  **re 1 UAS**  **s Demonstrate Its Safe Characteristics.**  The DJ I Phantom 2 Vision+ and DJ I Inspire 1 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 Specifications Of The DJI Phantom 2 Vision+ and DJI**  **Inspire 1 UAS**  **s .**  The technical specifications of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s are set forth b y the DJ I Phantom 2 Vision+ and DJIInspire 1 Specifications and Data Sheet, attache d hereto as Exhibit A and B

.21 **ii. The DJI Phantom 2 Vision+ and DJI Inspire 1**  **UAS s**  **Autonomous Flight And Navigation Modes Enable The UAS**  **s To Remain Within**  **A Defined Operational Area.** The DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s may be operated in both manual and full y autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s is provided at pages 25

- 35 of the DJ I Phantom 2 Vision+ and pages 12

- 16 and 4 5
- 50 of the DJ I Inspire 1 User Manual s , attached hereto as Exhibit C and D

.

**iii. The DJI Phantom 2 Vision+ and DJI Inspire 1**  **UAS s Are**  **Designed For Automatic Return To Home Point Or Hover In The Event Of**  **Loss Of The Control Link Or Navigation.** When the C ontrol L ink is lost, the DJIPhantom 2 Vision+ and DJ I Inspire 1 UAs will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UA s do not reacquire control link data from the GCS, the UA s will assume that the Control L ink is lost and the UA s will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Phantom 2 Vision+ UAS are set forth at pages 2 7 through 2 9 and for the DJ I Inspire 1 at pages 13 through 15 of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 User Manual s , attached hereto as Exhibit C and D

. **iv. The DJI Phantom 2 Vision+ and DJI Inspire 1**  **GCS And Its**

**Operation.** A complete description of the operation and specifications of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 GCS and flight control software is provided at pages 32 through 43 of the DJ I Phantom 2 Vision+ User Manual and pages 40 through 47 of the DJ I Inspire22

1 User Manual

. DJ I Phantom 2 Vision+ and DJ I Inspire 1 User Manual s are attached hereto as Exhibits C and D

.

**b. Flight Operations Of DJI Phantom 2 Vision+ and DJI Inspire 1**  **UAS s**  **Are Limited To The Line Of Sight Of A Cer tificated Pilot in Command**  **W ith**  **A Safety Observer.** TOMVON Photograph y 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 DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s . Additionally , a safety obse rver will assist all pilots during flight time.

**c. Flights Of DJI Phantom 2 Vision+ and DJI Inspire 1**  **UAS s**  **Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, TOMVON Photography proposes to commercially operate DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption w ill be limited to the following aircraft described in the operating documents, rotorcraft UAS s weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 Vision+ and DJ I Inspire 1 Unmanned Aircraft S ys tem s . Proposed operations of an y other aircraft w ill 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 at an indicated airspeed exceedin g 20 knots. 4. The UA must be operated at an altitude of no more than 5 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved b y ATC . All altitudes reported to ATC must be in feet AGL. 5. The UA s must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as speci fied on the PI C’s FAA

- issued airman medical certificate.23 6. The use of first person view (FPV) b y the PI C or safety observer (S O) is not permitted. 7. All operations must utilize a safety observer (SO). The S O may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability

. The S O 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 tran sfer his or her designation for the duration of the flight . The PI C must ensure that the S O can perform the functions prescribed in the operating documents. 8. The S O must not perform any other duties beyond 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 limitations contained in the grant of exemption and the procedures outlined in the operating do cuments, 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 doc uments. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) m ay be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects th e safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. Al l 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 un dergo 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 potential discrepancies, e.g. inoperable components, items, or equipment, not a lready covered in the relevant sections of the operating documents.24 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS s operated under this exemption must comply with all manufacturer Safety 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 PIC 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 under the exemption, including evasive and emergency m aneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are perm itted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the 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. § 1.1. All operations must be conducted under visual meteorological conditions (VMC) . If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations . Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may

not operate within 5 nautical miles of an airport 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.25 21. The UA may

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

fro m 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 accordance 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 (COA) prior to conducting any operations under the grant of exemption. T his 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, registered in accordance with 14 C.F.R. part 47, and have identificati on (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 Commun ications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made 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 fro m any moving device or vehicle. 3 1 . Flight operations must be conducted at least 500 feet from all nonparticipating person s (persons other than the PI C, S O, operator trainees or essential persons), vessels, vehicles, and structures unle ss:26 a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately

and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or s tructures has granted permission and the PI C has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, S O, operator trainees or essential p ersons do not present an undue hazard to those persons per § 91.119(a). 32 . All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land own er/controller or authorized representative will be obtained for each flight to be conducted. 3 3 . Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA mus t 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.** TOMVON Photograph y submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PI C wil l be allowed to operate the DJIPhantom 2 Vision+ and DJIInspire 1 UAS s unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering TOMVON Photography ’s proposed area of operations, and the operating l imitations set forth

- above; the parallel nature of private pilot aeronautical27

knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJ I Phantom 2 Vision+
or DJ I Inspire 1 UAS, TOMVON Photograph y submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for TOMVON Photography ’s spec ific 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, 11 138, 11150, 11153, 11156, 11158, 11159, 11160, 11161)

. TOMVON Photograph y will not allow any PIC to operate the DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 2 V ision+ or DJ I Inspire 1 UAS training and currency requirements, that the PI C is able to safely operate the DJ I Phantom 2 Vision+ or DJIInspire 1 UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, v essels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purpose s).28 As in Ex emption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during TOMVON Photography ’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 PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to ope rations 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 make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements , the PI C 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 safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 9 1.119. Exemption No. 11138 at page 15. Accordingl y, TOMVON Photography will ensure safe operations by not allowing any PIC to operate the DJIPhantom 2 Vision+ or DJIInspire 1 UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJIPhantom 2 Vision+ or DJ I Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.29 **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.7(a) will be maintained because prior to every

flight, TOMVON Photography will ensure that the DJIPhantom 2 Vision+ or DJ I Inspire 1 UAS is in an airworth y condition based upon the UAS’s compliance with its operating documents and as stated in the con ditions and limitations herein. Additionally , the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UA s 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 TOMVON Photograph y’s operation of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UA s within vis ual line of sight, at or below 5 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the air craft. Prior to each flight, a zero altitude initiation 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. Exemption30

Nos. 11062, 11063, 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 A**  **dversely 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+ and DJIInspire 1 UAS s ; (2) the limitatio ns on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, TOMVON Photograph y will ensure that it will safely operate the battery

powered DJ I Phantom 2 Vision+ and DJ I Inspire 1 UA s during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes

. Here, as in Exemption No. 11109, the technical spe cifications of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s ; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established b y 14 C.F.R. Section 91.151(b). Furthermo re, safety will be ensured as the DJI Phantom 2 Vision+ and DJ I Inspire 1 UAS s provide audible and visual warnings to the PI C at the GCS when the UA s experiences low battery voltage, the first warning occurring at approximately

33% rema ining battery

power, and again at approximately 1 0% remaining battery power. At the critically

low battery

level, the DJ I Phantom Vision+ and DJ I Inspire 1 UASs will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.1 51 establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned31

aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 110 62, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a)**  **& (b) Would Not Adversely Affect Safety.**  In seeking this exemption, TOMVON Photography submits that the equivalent level of safety

with regard to the regulatory maintenance and alteration requirements established by

Sections 91.405(a), 91.407(a)(1), 91.4 09(a)(1) & (a)(2), and 91.417(a) & (b) will be met because TOMVON Photography 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 d ocuments (i.e., the TOMVON Photograph y Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 2 Vision+ and DJ I Inspire 1 Instruction Manual). Furthermore, TOMVON Photography will document and maintain all maintenance records for the DJ I Phanto m 2 Vision+ and DJ I Inspire 1 UAS s . Since the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s will be inspected as prescribed b y the operating documents, TOMVON Photograph y will maintain the equivalent level of safety established by Sections 91.405(a), 91.40 9(a)(1), and 91.409(a)(2). A cop y of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 User Manual s are attached hereto as Exhibit C and D ; a cop y of the DJIPhantom 2 Vision+ and DJIInspire 1 UAS Maintenance LOG is attached hereto as Exhibit E.32 Likewise, the exemption sought will not adversel y affect safety because TOMVON Photograph y will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJIPhantom 2 Vision+ and DJIInspire 1 UAS s will be p er formed b y trained technicians. Maintenance will be document ed 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 safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of TOMVON Photography ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS s , TOMVON Photography submits that safety will not be adversel y affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief 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, 1115 7, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , TOMVON Photograph y33

requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 2 Vision+ and DJIInspire 1 UAS s , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established b y 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UA s for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwi se 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 o peration 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+ and DJ I Inspire 1 UAS s , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the 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 p ropeller, 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 such safety

standards for the aircraft, aircraft engine or propeller as the FAA find s necessary

to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16.34 Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for L eading Edge’s intende d operation of the DJ I Phantom 2 Vision+ and DJIInspire 1 UAS s , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established b y 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). **F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules**  **From Which TOMVON Photography**  **Seeks Exemption:** TOMVON Photogra

phy 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 TOMVON**  **Photography Seeks:**  This exemption will permit TOMVON Photography to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **G. Any Additional Information, Views, Or Arguments Av**  **ailable To Support TOMVON Photograph**  **y’s Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (F MRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, TOMVON Photography ’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 security; and further, provides the authority for such UAS to operate witho ut airworthiness certification.35 As discussed in detail above, TOMVON Photography will operate the DJ I Phantom 2 Vision+ and DJ I Inspire 1 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 security. **CONCLUSION** As set forth herein, TOMVON Photography 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 DJIPhantom 2 Vision+ and DJIInspire 1 UAS s commerciall y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the Un ited States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the p ublic, by

allowing TOMVON Photography to safel y, efficientl y, and economically operate the DJ I Phantom 2 Vision+ and DJ I Inspire 1 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, TOMVON Photography 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 L eading Edge to operate the DJ I Phantom 2 Vision+ and DJIInspire 1 UAS s commerciall y for the purpose of conducting aerial video and photography over certain areas of th e United States. Dated: March 2 , 201536 Respectfully submitted, TOMVON Photograph y /s/ Thomas T. vonAhlefeld

_________________________ Thomas Todd vonAhlefeld 1725 Cleneay

Ave, Apt 2223 Norwood, OH 45212 Tel: (603) 593

- 2090
Appendic es : A

– DJ I Phantom 2 Vision+ Specifications Data Sheet B

– DJ I Inspire 1 Specifications Data Sheet C

– DJIPhantom 2 Vision+ Manufacturer’s User Manual D

– DJ I Inspire 1 Manufacturer’s User Manual E

– Monthly

Maintenance L og37 APPENDIX

– A **DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS**  TOMVON Photograph y only utilizes safe and reliable UASs. DJ I is an industry leader in small UAS production. DJIUASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJIsoftware provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/tablet devices) 1.1 DJIPhantom 2 Vision+ 1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJ I 5200mAH LiPo Battery 1.1.1.2 Weight (Battery

& Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy

(Ready to Fl y)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity - 200 0 /s 1.1.1.5 Max Tilt Angel

- 35 0 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMEND ED) 1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dy namic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 0 1.1.2.3 Controllable Range

– Pitch:

- 90 0
- 0 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s 1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F
- 104 0 F (0 0 C

- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110 0 /85 0 1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m 1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm 1.1.4.4 Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@3.7V 1.1.5 Range Extender38 1.1.5.1 Operating Fre quency
– 2412

- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m 1.1.5.3 Transmitter Power

– 20dBm 1.1.5.4 Power Consumption

– 2W39 APPENDIX

– B **DJI INSPIRE 1 TECHNICAL SPECIFICATIONS**  TOMVON Photograph y only utilizes safe and reliable UASs. DJ I is an industry leader in small UAS production. DJIUASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJIsoftware provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/tablet devices) 2.2	DJI	Inspire	1 2.2.1	Aircraft 2.2.1.1	Model

– T600 2.2.1.2	Weight	(Battery	Included)

– 6lbs	7.5291oz	(2935g) 2.2.1.3	Hovering	Accuracy	(GPS	Mode)

– Vertical:	0.5m;	Horizontal:	2.5m 2.2.1.4	Max	Angular	Velocity

– Pitch:	300 0/s;	Yaw:	1500/s 2.2.1.5	Max Tilt	Angle
- 35 0 2.2.1.6	Max	Ascent	Speed

– 5m/s 2.2.1.7	Max	Descent	Speed

– 4m/s 2.2.1.8	Max	Speed

– 22m/s	(ATTI	mode,	no	wind

– NOT RECOMMENDED) 2.2.1.9	Max	Flight	Altitude

– 4500m 2.2.1.10	Max	Wind	Resistance

– 10m/s 2.2.1.11	Max	Flight	Time

– Approxima tely	18	minutes 2.2.1.12	Motor	Model

– DJI	3510 2.2.1.13	Propeller	Model

– DJI	1345 2.2.1.14	Operating	Temperature	Range

– 14 0F	to	1040F	(

- 10 0C	to	400C) 2.2.1.15	Dimensions

– 17	1⁄4”	x	17	3⁄4”	x	12” 2.2.2	Gimbal 2.2.2.1	Model

– ZENMUSE	X3 2.2.2.2	Output	Power (with	camera)

– Static:	9W;	In	Motion:	11W 2.2.2.3	Operating	Current

– Static:	750mA;	In	Motion:	900mA 2.2.2.4	Angular	Vibration	Range
- ±0.03 0 2.2.2.5	Mounting

– Detachable 2.2.2.6	Controllable	Range

– Pitch:
- 90 0	to	+300;	Pan:	±3200 2.2.2.7	Mechanical Range

– Pitch:
- 125 0	to	450;	Pan:	±3300 2.2.2.8	Max	Controllable	Speed

– Pitch:	120 0/s;	Pan:	1800/s 2.2.3	Camera 2.2.3.1	Name

– X3 2.2.3.2	Model

– FC350 2.2.3.3	Total	Pixels

– 12.76M40 2.2.3.4	Effective	Pixels

– 12.4M 2.2.3.5	Image	Max	Size

– 4000x3000 2.2. 3.6	ISO	Range

– 100
- 3200 2.2.3.7	Field	of	View
- 94 0 2.2.3.8	CMOS

– Sony	EXMOR	1/2.3” 2.2.3.9	HD	Video	Recording

– UHD(4K):	4096x2160p24/25, 3840x2160p24/25/30;	FHD:	1920x1080p24/25/30/48/50/60; HD:	1280x720p24/25/30/48/50/60 2.2.3.10	Operating	Temperature Range
- 32 0F

- 104 0F	(00C

- 40 0C) 2.2.4	Transmitter 2.2.4.1	Name

– C1 2.2.4.2	Operating	Frequency

– 5.728
- 5.850GHz;	2.400
- 2.483GHz 2.2.4.3	Communicating	Distance	(unobstructed)

– 2000m 2.2.4.4	Output	Power

– 9W 2.2.4.5	Operating	Temperature	Range
- 14 0F to	104 0F	(

- 10 0C	to	400C) 2.2.4.6	Battery

– 600mAh	LiPo	2S41 APPENDIX

– C DJIPhantom 2 Vision+ Manufacturer’s User Manual42 APPENDIX

– D DJIInspire 1 Manufacturer’s User Manual43 APPENDIX

– E

m o n t h :

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