July

2 7, 2015

Attn: U. S. Department of T

ransportation Docket Operations We st Building Ground Floor , Room w12

- 140 1200 New Jersey

Av e, SE Wa shington, DC 20590

To dd W eeks 2Sur ge, LL C. REQUEST A

N EXEMPTION FROM THE REQUI REMENTS OF TI TLE 14 OF THE CODE OF FEDERAL

REGULA

TIONS SECTI ONS 61.1 13(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 COMMERCI AL OPERA TI ON OF DJ I Phantom 3 UNMANNED AI RCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FA A MODERNIZA TI ON AND REFORM ACT OF 2012 (PUBLIC LA W 1 12

- 95)

To dd Owner / President 2Sur ge, LL C 705 North Greenville, Suite 600

- 102 Allen, T exas 75002
972

- 999

- 0309 info@2surge.com

1TA BLE OF CONTENTS Page

GLOSSAR

Y OF ABBREVIA

TI ONS....................................................................................3
SUMMAR

Y.

........................ ...................................................................................................4
IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4
BACKGROUND............................................... .....................................................................4
BASI S FOR PETITION.........................................................................................................5
NAME AND ADDRESS OF PETITIONER............................ .............................................6
THE SPECI FI C SECTIONS OF 14 C.F .R. FROM WHI CH 2SURGE, LLC SEEKS EXEMPTION

.................. ... ......................................................7
THE EXTENT OF RELIEF 2SURGE, LL C SEEKS AND THE REASON 2SURG SEEKS THE RELIEF...........................

...................................... .........10
THE REASONS WHY GRANTING 2SURGE, LLC’S REQUEST WOUL D BE IN THE PUBLIC INTEREST .........................................................................12
THE REASONS WHY

GRAN TI

NG THE EXEMPTI ON TO 2SURGE, LLC WOULD NOT A DVERSEL Y A FFECT SAFETY

... ........................... ........14
SUMMAR

Y THA T CAN BE PUBLISHED IN THE FEDERAL REGI STER.....................25
ANY A DDIT IONA L IN FORMA TI ON, VI EWS, OR ARGUMENTS AVA ILABLE TO SUPPO RT 2SURGE, LLC................................... ...............................................25
CONCL USION................................................................................................................... ...25
APPENDI CES.......................................................................................... 26

- 27

2GLOSSAR Y OF ABBREVIA

TI ONS

AGL Above Ground Level AOI Area of Interest AT C Air T raf fic Control AT O Air T raf fic Organization AV Aerial Ve hicle CFR Code of Federal Regulations COA Certificate of Aut horization FA A Federal Av iation Administration FA R Federal Av iation Regulation GCS Ground Control Station GPS Global Positioning S ys tem LO L L oss of Link NAS National Airspace Sy stem NOT AM Notice to Airman PI C Pilot I n Command Section 333 F AA Modernization and Reform Act of 2012 (FMRA) SO Safet y Observer SOP S tandard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Vi sual Flight Rules VLOS Vi sual L ine of Site VMC Vi sual Meteorological Conditions VTOL Ve rtical T akeof f and L anding

3**SUMMAR Y**  2Sur ge, LL C hereafter refe rred to as 2Surge seeks exemption from the requirements of 14 C.F .R §§ 61.1 13(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 Sy stem (DJ I Phantom 3) pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA). This exemption w ill permit 2Surge to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photograph y of construction sites, residential and commercial rea l estate, economic development corporations for cities, civil landscapes and events over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF**  **T HE PETITIONER**  2Sur ge has been in business since 2008. 2Surge provides their cli ents with experti se and knowledge in video and multimedia marketing, advertising, and public relations using advanced technologies and solutions. 2Sur ge has worked on several productions over the past ye ars in all ty pes of locations with a perfect client and emplo yee safet y recor d. The ob jective of 2Surge and our Unmanned Aircraft Sy stem (DJ I Phantom 3) aerial operations is to provide an af fordable, high

- quality

production sy stem for a variet y of governmental, commercial, public, and residential uses, specifically targeting • Real

- estate marketing

• Construction sites before and after • Economic development • Civic landmarks • Golf courses • Special event and sports coverage • Film making

Our staf f has safel y flown small RC electric quadcopters recrea tionally for approxi mately

1 year without incident. **BACKGROUND** Unmanned Aircraft Sy stems: DJI Phantom 3, UAS
2Sur ge seeks an exemption to operate DJ I Phantom 3 sy stem for compensation or hire within the NAS. The DJ I Phantom 3 is vertical takeof f and landing (VT OL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone s ys tems. The DJ I Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed of approximately 16.4’fp s and a maximum fly ing height of 400'. The DJ I Phantom 3 is equipped with four main rotors; driven b y Li thium Poly mer battery

powered electric motors.4

The DJ I Phantom 3 that wil l be operated b y 2Surge 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, I dentification and Registration Marking.
**BASIS FOR PETITION** Petit ioner , 2Sur ge , pursuant to the provisions of th e Federal Av iation Regulations (14 C.F .R. § 1 1.61) and the F AA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Sy stems, hereby petitions the Administrator to commercially operate the DJ I Phantom 3, UAS in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F .R §§ 61.1 13(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, 2Sur ge operation of DJ I Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F .R. Pa rt 21, Subpart H.
Ac cordingly

, 2Surge 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 only appl y to aircraft with an airworthiness certificate

. 2Sur ge submits that the requested relief is proper since an equivalent level of safet y will b e ensured. 2Sur ge will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, tec hniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Lo g, and DJI Phantom 3 Instruction Manual). Fu rthermore, 2Sur ge will document and maintain all maintenance records for the DJ I Phantom 3 UAS. Relief from certain requi rements of Section 61.1 13(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by 2Surge to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an a irman medical certificate, and who has demonstrated, b y meeting minimum flight hour and currency requirements, that the PI C is able to safely operate the DJ I Phantom UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
2Sur ge seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJ I Phantom 3 UAS do not require an airworthiness certificate in accordance w ith 14 C.F .R. Part 21, Subpart H. As such, 2SURGE Photography /V ideo submits that they

will ensure that the DJI Phantom 3 UAS is in an airworth y condition, prior to every flight, b y determining that the UAS are in compliance with the operating documents (i. e., Monthly Maintenance Log, and DJ I Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight.

52Sur ge also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings,

as the DJ I Phantom 3 UAS will not have a ty pical barometric altimeter onboard. However , altitude information of the DJ I Phantom 3 UAS will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from t he UA to the GCS for active monitoring of the flight path. This altitude information, com bined with 2Sur ge 's operation of the DJ I Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safet y equivalent to Section 91.12 1. Add itionally

, 2Surge seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR c onditions. 2Surge submits that safety will not be af

fected b y operation of the DJ I Phantom 3 UAS during day light hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 23 minutes. Battery

power indicators are also able to show exactly how much battery

power is left, as well as how much time is needed to return safel y back to point of take of f. In accordance with 14 C.F .R . § 1 1.81, 2Surge provides the following information in support of its petition for exemption:
**A. Name And**  **Addr ess Of**  **The Petitioner**
**.** The name and address of th e Petitioner and point of contact is:
To dd W eeks Owner / President 2Sur ge, LL C 705 North Greenville, Suite 600

- 102 Allen, T exas 75

-- 2
972

- 999

- 0309 info@2surge.com

6**B. The Specific Sections Of 14 C.F**  **.R. Fro**  **m Which 2Surge, LLC Seeks Exempti**  **on. 1. 2Surge**  **Seeks Exemption Fr om**  **The Requir ements Of Section 61.1**  **13(a) And (b).**  Section 61.1 13, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) N o person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carry ing passengers or property 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 any business or employ

ment if

— (1) The flight is only incidental to that business or employment; and (2) The ai rcraft does not carry passengers or propert y for compensation or hire. **2. 2Surge Seeks Exemption Fr**  **om The Requir**  **ements Of Section 91.7(a).** Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No person m ay

operate a civil aircraft unless it is in an airworthy condition. **3. 2Surge Seeks Exemption Fr**  **om The Requir**  **ements 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 cur

rent 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 repo rted altimeter setting of an appropriate available station; or (iii) I n the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

7**4. 2Surge Seeks Exemption Fr**  **om The Requir**  **ements 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 r otor cr aft under VFR conditions unless (considering wind and for

ecast weather conditions) ther e 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. 2Surge Seeks Exemption Fr**  **om The Requir**  **ement 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 airc raft 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. 2Surge Seeks Exemption Fr**  **om The**  **Requir ements 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 an y aircraft th at has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.] **7. 2Surge Seeks Exemption Fr**  **om The Requir**  **ements Of Sections 91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entitled I nspections, subsection (a), states the following: (a) Except as provided in paragraph (c) of t his 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 a pproved for return to service b y a person authorized b y § 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**8. 2Surge**  **Seeks Exemption Fr om**  **The Requir ements 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 §§ 91.41 1 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 t he 100

- hour , annual, progressive, 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 service 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 b y the inspection program under which the aircraft and its appliances are maintained. (v) The current st atus 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 safety direc tive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major altera tion to the airframe and currentl y installed engines, rotors, propellers, and appliances.

9(b) The owner or operator shall retain the following records for the periods prescribed:
(1) The records specified in pa ragraph (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 w ith the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.1 1 of this chapter shall be retained until the defects are repaired and the aircraft is approved for re turn to service.
**C. The Extent**  **Of Relief 2Surge Seeks And**  **The Reason 2Surge Seeks**  **The Relief.**
**1. Extent Of Relief 2Surge**  **Seeks And**  **The Reason 2Surge Seeks Relief Fr**  **om Section 61.1**  **13(a) And (b).**  Relief from Section 61.1 13(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 medical certificate, and who has met certain flight

hour and curren cy

requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.1 13(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircr aft in connection with any business or employ ment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry

passengers or propert y for compensation or hire. As set forth more full y below, 2Sur ge submits that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 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 DJI Pha ntom 3 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 , 2Surge sub mits that all flights of the DJ I Phantom 3 UAS, conducted by the PI C pursuant to the grant of this Petition: (1) will be incidental to 2Sur ge 's business; and (2) will not carry passengers or propert y for compensation or hire.

10**2. Extent Of Relie**  **f 2Surge Seeks**  **And The Reason**  **2Surge Seeks Relief Fr**  **om Section 91.7(a).** 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow The 2Surge to determine that the DJ I Phantom 3 UAS are in airworthy con dition prior to every flight b y ensuring that the UAS is in compliance with the operating documents Monthly Maintenance Lo g, and DJ I Phantom 3 Instruction Manual).
2Sur ge seeks the requested relief because the DJ I Phantom 3 UAS do not require an airworthi ness certificate in accordance with 14 C.F .R. Part 21, Subpart H. Therefore, 2Surge will ensure that the DJI Phantom 3 UAS are in airworth y condition based upon its compliance with the operating documents (i.e., Monthly

Maintenance Log, and DJ I Phantom 3) 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 2Surge**  **Seeks And**  **The Reason 2Surge Seeks Relief Fr**  **om Section 91.121.**  Relief from Sec tion 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJ I Phantom 3 UAS, which utilize a barometric pressure sensor , GPS equipment, and a radio communications telemetry data link to downlink altitude information from t he UA to the PIC at the ground control station (GCS). Since the F AA requires that any

altitude information concerning UAS operations be reported to air traffic control (A TC) in feet above ground level (AGL), 2Surge seeks the requested relief because the DJ I Phantom 3 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 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 fully set forth herein, an equivalent level of safet y will be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equi pment, which automatically 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 2Surge**  **Seeks And**  **The Reason 2Surge**  **Seeks Relief Fr om**  **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 3 UAS during day light hours in visu al meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. 2Sur ge seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 3 UA S will severely constrain the practicality of an y aerial video or still photo flight operations that 2Sur ge proposes to conduct pursuant to this Petition.11

Significantly

, as set forth below , the technical specification s of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and 2Surge 's proposed operating limitations, ensure that 2Surge will safely operate the battery

powered DJ I Phantom 3 UAS during day light hours in visual me teorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly

for a total duration of 23 minutes.
**5. Extent Of Relief 2Surge**  **S eeks**  **And The Reason 2Surge**  **Seeks Relief Fr om**  **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) onl y appl y to aircraft with an airworthiness certificate, 2Surge requests relief from these Sections because the DJ I Phantom 3 UAS do not require airworthiness certificates. As set forth more fully below, the DJ I Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, 2Sur ge will use trained technicians to perform maintena nce, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents ( Monthly Maintenance Log, and DJ I Phantom 3 Instruction Manual). Furthermore, 2Surge will document and maintain al l maintenance records for the DJ I Phantom 3 UAS.
**D. The Reasons Why Granting 2Surge**  **Request W ould Be In**  **The Public Interest; That Is, How It Wo**  **uld Benefit The Public**  **As A**  **Whole.** Granting the present Petition will further the public interest b y allowing 2 Surge to safely , ef ficiently , and economically

perform aerial video and photograph y of construction sites, real estate, events and civic landscape over certain areas of the United States. Additionally

, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notably , the benefits of 2Sur ge 's proposed operation of the DJ I Phantom 3 UAS will be realized without implicating an y privacy issues.
**1. The Public Will Benefit Fr om**  **Decr ease**  **d Congestion Of The NAS.**  The DJ I Phantom 3 UAS are battery powered and serve as a safe, ef ficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perfo rm aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 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.

12Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion

around airports caused by arriving and departing aircraft will be reduced. The DJ I Phantom 3 UAS do not require an airport to take of f 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 traf

fic control during the ground, takeof f, departure, arrival, and la nding phases of flight operations.
**2. The Public Will Benefit Fr om**  **The Safety And Efficiency Of**  **The DJI Phantom 3 UAS.** Conducting aerial acquisitions with the DJ I Phantom 3 UAS, instead of manned aircraft, will greatly benefit the public b y drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery

power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cy linder internal combustion engine aircraft that are ty picall y utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Ph antom 3 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 3 UAS to perform aer ial 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 completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less phy sical potential for collateral damage to life and propert y on the ground, and in the air , compared to the manned aircraft that ty pically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial**  **Vi deo and Photography Operations**  **Wi th**  **The DJI Phantom 3 UAS Will Benefit**  **The Economy**

**.** In addition to being safe and efficient, the DJ I Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 3 UAS will allow United States based companies, like 2SURGE Photography/V ideo, to remain competitive and contribute to growth of the U.S. economy . Specifically

, with the rising cost of aviation fuel and th e Environmental Protection Agency (“EP A”) 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 DJI Phantom 3 UAS is o ne such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility

without the high operational cost of a traditional manned aircraft.

13By

operating the DJI Phan tom 3 UAS, companies such as 2Surge can remain competitive and profitable, and therefore, provide greater job stability to employ ees and contractors, which will ultimately contribute to growth of the U.S. economy . I mproved financial performance of U.S. companies, through commercial use of the DJ I Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in rese arch and development in order to remain competitive both in the United States and abroad.
**4. Ther e**  **Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, 2Sur ge 's proposed operati on of the DJ I Phantom 3 UAS will not implicate any privacy issues. Specifically

, the DJI Phantom 3 UAS will be operated only in compliance with operating documents ( Monthly Maintenance Log, and DJ I Phantom 3 Instruction Manual) which requires propert y owne r involvement as well as local law enforcement notification, and in accordance with the Federal Av iation Regulations, including the minimum altitude requirements of 14 C.F .R. § 91.1 19.
**E. The Reasons**  **Why Granting The Exemption W ould Not**  **Adversely Affect S**  **afety , Or**  **How The**  **Exemption W**

**ould Pr ovide**  **A Level Of Safety**  **At Least Equal To**  **T hat Pr**  **ovided By The Rule**  **Fr om**  **Which 2Surge Seeks Exemption.**  **1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The F AA**  **Modernization and Reform**  **Act of 2012 (FMRA) Sect ion 333** 

. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, 2Sur ge 's operation of the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworth iness 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 o r the public, or otherwise pose a threat to national security . Specifically

, FMRA Section 333 states the following, in part: (a ) In General.

-- Notwithstanding any other r equir ement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secr etary of Tr ansportation shall determine if certain unmanned air craft systems may operate safely in the national airspace system befor e completion of the plan and rule

- making re quir ed by section 332 of this Act or the guidance r equir ed by section 334 of this Act.

14(b

) Assessment of Unmanned Air craft Systems.

-- In making the determination under subsection (a), the Secr

etary shal l determine, at a minimum

-- (1 ) which types of unmanned air craft systems, if any

, as a r esult of their size, weight, speed, operational capability

, pr oximity to airports and populated ar eas, and operation within visual line of sight do not cr eate a haz ar

d to users of the national airspace system or the public or pose a thr

eat to national security; and (2 ) whether a certificate of waiver , certificate of authorization, or airworthiness certification under section 44704 of title 49, United S tates Code, is r

e quir ed for the operation of unmanned air craft systems identified under paragraph (1). (c) Requir

ements for Safe Operation.

-- If the Secr etary determines under this section that certain unmanned air

craft systems may operate safely in the national airspace syst em, the Secr etary shall establish r

equir ements for the safe operation of such air craft systems in the national airspace system. In seeking this exemption, 2Sur ge submits that the DJ I Phantom 3 UAS can operate safel y in the NAS pursuant to FMRA

Section 333 , as demonstrated by : (a) the characteristics of the DJ I Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics.** The DJ I Phan tom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capabilit y **i . Te**  **chnical Specifications Of The DJI Phantom 3 UAS.**  The technical spe cifications of the DJ I Phantom 3 UAS are set forth b y the DJIPhantom 3 User Manual, attached hereto as Appendix A.
**ii. The DJI Phantom 3 UAS Global Positioning Modes Enable**  **The UAS To**  **Remain Within A**  **Defined Operational Ar**  **ea.** The DJ I Phantom 3 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 3 UAS is provided at pages 1 1 of the DJ I Phantom 3 User Manual attached hereto as Appendix A.
**iii. The DJI P**  **hantom 3 UAS Are Designed For**  **Automatic Return T o Home Point Or**  **Hover In**  **The Event Of Loss Of The Contr**  **ol Link Or Navigation.**  When the Control L ink is lost, the DJI Phantom 3 UAS will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 UAS does not reacquire control link data from the GCS, the UAS will assume that the Control L ink is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeof f position and shutdow n. 15A complete description of the Failsafe Functions of the DJ I Phantom 3 UAS are set forth at pages 12

through 14 of the DJ I Phantom 3 User Manual, attached hereto as Appendix A.
**iv . The DJI Phantom 3 GCS**  **And Its Operation.**
A complete description of the operation and specifications of the DJ I Phantom 3 GCS and flight control software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual. DJ I Phantom 3 User Manual is attached hereto as Appendix A. **b. Flight Operations Of DJI Phantom 3 U AS Is Limited T**  **o The Line Of Sight Of A**  **Certificated Pilot in Command With**  **A Safety Observer** 
**.** 2Sur ge video production staf f will be the onl y persons to act as a pilot in command (PI C) of the DJ I Phantom 3 UAS. Additionally , a safet y observer will assist h im at all times during flight time. **c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant T o Specific Operating**  **Limitations.** In seeking this exemption, 2Sur ge proposes to commercially operate DJ I Phantom 3 UAS for the special purpose of conducting ae rial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations. 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, r otorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Sy stems. Proposed operations of an y 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 photography

. 3. The UAS may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA

must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated b y the procedures specified in the operating documents unless a special request is made and approved b y AT C. All altitudes reported to AT C must be in feet AGL. 5. The UAS must be operated within visual line of sight (VLOS) of the PI C at all time s. 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 F

AA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not pe rmitted.

167. 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 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 proced ures 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

u pdate or revise its operating documents. I t 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 f or extension or amendment to the grant of exemption. If the operator determines that any update or revision would af fect the basis upon which the F

AA granted the exemption, then the operator must petition for amendment to its grant of exemption. The F

AA ’s UAS I ntegration Of

fice (AFS

- 80) may

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 rev eals a condition that af fects 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 safe 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

. An y UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a fli ght 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 potential discrepancies, e.g. inoperable componen ts, items, or equipment, not alread y covered in the relevant sections of the operating documents. 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 recor ds, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

1715. Each UAS operated under this exemption must comply with all manufacturer Safet y Bulletins. 16. The a uthorized 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 certif icate. 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 safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, inclu ding evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C 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 PI Cs are permitted under the terms of the exemption. However , training operations may

onl y be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight o perations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F .R. § 91.1 19. 19. UAS operations may

not be conducted during night, as defined in 14 C.F .R. § 1.1. All operat ions must be conducted under visual meteorological conditions (VMC). I f flight at night is required, a special request will be made at the F AA of fice closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorize d. 20. The UA

may not operate within 5 nautical miles of an airport reference point as denoted on a current F AA

- published aeronautical chart unless a letter of agreement with that airport’ s management is obtained, and the operation is conducted in accorda nce with a NOT AM 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 from 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 predetermined 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 c onditions) there is enough power to fl y at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

1825. The operator must obtain an Air T raf fic Organization (A

TO) issued Certificate of W aiver or Authoriz ation (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOT AM) 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 AT O 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 n umber , registered in accordance with 14 C.F .R. part 47, and have identification (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 use d 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 Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available to the Administrator or an y l aw enforcement of ficial upon request. 29. The UA

must remain clear and y ield the right of way to all manned aviatio n 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 suf ficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonpart icipating 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, vehicl es or structures where the owner/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, an d; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.1 19(a).

1932. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.
33. An y incident, accident, or flight operation that transgresses the latera l or vertical boundaries of the operational area as defined by the applicable COA

must be reported to the F AA's UAS Integration Of fice (AFS

- 80) within 24 hours. Accidents must be reported to the National Tr ansportation Safet y Board (NTSB) per instructions contained on the NTSB W eb site: www .ntsb.gov

. **2. Reasons Why An Exemption Fr**  **om The Requir**  **ements Of Section 61.1 13(a)**  **And (b) Wo**  **uld Not Adversely**  **Affect Safety**

**.** 2Sur ge submits that the equivalent level of safet y establ ished by Section 61.1 13(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 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 DJ I Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering 2Surge ’s proposed area of operations, and the operating li mitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 1 1062); and the airmanship skills necessary to safel y operate the DJI Phantom 3 UAS, 2Sur ge sub mits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for 2Sur ge ’s specific proposed flight operations. The F AA has previously

granted relief from Section 61.1 13(a ) and (b) specific to UAS, in circumstances similar , in all material respects, to those presented herein (e.g. Exemption Nos. 1 1062, 11 063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09, 1 111 0, 1 111 2, 1 11 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 111 58, 1 11 59, 1 11 60, 1 11 6 1).
2Sur ge will not allow any PI C to operate the DJ I Phantom 3 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safel y operate the DJ I Ph antom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically

, the PIC must have accumulated and logged, in a manner cons istent 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). I n addition to the hour req uirements, the PI C must accomplish 3 takeof fs and landings in the preceding 90 day s (for currency purposes).

20As in Exemption Nos. 1 1062, 1 11 38, and 1 11 53, prior documented flight experience that was obtained

in compliance with applicable regulat ions will ensure an equivalent level of safet y during 2Surge ’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 foll ows: In Exemption No. 1 1062, the F AA 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 1 4 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 operations under Exemption No. 1 1062, 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 F AA 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 accomp lish 3 takeof fs and landings in the preceding 90 day s (for currency purposes). The F

AA finds that at a minimum, the flight

- hour requirements in Exemption No. 1 1062 are appropriate to practice and build proficiency

in the skills necessary

to safely conduct the petitioner ’s proposed operations. The FA A also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Tr ainin g, 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 91.1 19. Exemption No. 1 11 38 at page 15. Accordingly

, 2Surge will ensure safe operations by not allowing any

PIC to operate the DJ I Phantom 3 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Phantom 3 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 Fr**  **om The Requir**  **ements Of Section 91.7(a) Wo**  **uld Not Adversely**  **Affect Safety**

**.** The equivalent level of safet y established b y Section 91.7(a) will be maintained because prior to every flight, 2Sur ge will ensure that the DJ I Phantom 3 UAS is in an airworth y condition based upon the UAS’ s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally

, the F AA 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. 1 1062, 11 063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 1 11 09, 1 111 0, 1 111 2, 1 11 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 111 57, 1 11 58, 1 11 59, 1 11 60, 1 11 61).

21**4. Reasons Why An Exemption Fr**  **om The Requir**  **ements Of Section 91.121 Wo**  **uld 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 3 U AS 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 2Sur ge ’s operation of th e DJ I Phantom 3 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 b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level. The F AA 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 No s. 1 1062, 1 1063, 1 1064, 1 1065, 11 066, 1 1067, 1 1080, 1 11 09, 1 111 2, 1 11 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 1 11 57, 1 11 58, 1 11 59, 1 11 60, 111 61). **5. Reasons Why An Exemption Fr**  **om The Requir**  **ements Of Section 91.151(b) Wo**  **uld Not Adversely**  **Affect Safety**

**.** A grant of this exemption would ensure an equivalent level of safet y established by 14 C.F .R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of th e proposed flight operations. Accordingly , 2Sur ge will ensure that it will safely operate the battery

powered DJ I Phantom 3 UAS during day light hours in VFR conditions, with enough battery power to fl y for a total duration of 23 minutes. Here, as in Exemp tion No. 1 11 09, the technical specifications of the DJ I Phantom 3 UAS; 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). Fur thermore, safet y will be ensured as the DJ I Phantom 3 UAS provide audible and visual warnings to the PI C at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power , and again at approxi mately 15% remaining battery

power
. At the critically

low battery level, the DJ I Phantom 3 UAS will descend and land automatically

. Significantly

, previous exemptions granted by the F AA concerning Section 91.151 establish that safety is not adversel y affe cted when the technical characteristics 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. More over , the F AA 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. 881 1, 10808, 10673, 1 1042, 1 1062, 1 1063, 11 064, 1 1065, 1 1066, 1 1067, 1 1080, 111 09, 1 111 0, 1 11 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 1 11 57, 1 11 58, 111 59, 1 11 60, 1 11 61).

22**6. Reasons Why An Exemption Fr**  **om The Requir**  **ements Of Sections 91.405(a), 91.407(a)(1),**

**91.409(a)(1) & (a)(2), And 91.417(a) & (b)**  **Wo uld Not**  **Adversely Affect Safe**  **ty .**  In seeking this exemption, 2Sur ge 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), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because 2Surge will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (Monthly Maintenance Lo g, and DJI Phantom 3 I nstructio n Manual). Furthermore, 2Surge will document and maintain all maintenance records for the DJ I Phantom 3 UAS. Since the DJ I Phantom 3 UAS will be inspected as prescribed b y the operating documents, 2Sur ge will maintain the equivalent level of safet y establ ished by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of the DJ I Phantom 3 User Manuals are attached hereto as Appendix A ; a copy of the DJ I Phantom 3 UAS Maintenance LOG is attached hereto as Appendix B. Likewise, the exemption sought will not adversel y affect safet y because 2Surge will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y t he operating documents. Furthermore, the exemptio n sought would maintain an equivalent level of safet y established b y Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 UAS will be performed b y t rained technicians. Maintenance will be documented and maintained utilizin g the monthly maintenance log. Significantly

, previous exemptions granted by the F AA 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 adversely af fected when the technical characteristics and operating limitations of the UAS are considered. In consideration of 2Surge ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 UAS, 2Sur ge submits that safet y will not be adversel y affected b y gr anting 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 F

AA has previously

granted relief specific to UAS in circumstances similar , in all material respects, to those presented herein (e.g. Exem ption Nos. 1 1062, 1 1063, 1 1064, 1 1065, 11 066, 1 1067, 1 1080, 1 11 09, 1 111 0, 1 111 2, 1 11 36, 1 11 38, 1 11 50, 1 11 53, 1 11 56, 1 11 57, 1 11 58, 1 11 59, 111 60, 1 11 61).

23**7. The F**

**AA May Pr**  **escribe Any Other**  **Conditions For**

**Safe Operation.** In accordance with Sec tion 333 of the F AA Modernization and Reform Act of 2012 (FMRA) and 14 C.F .R. § 21.16 entitled Special Conditions, 2Sur ge requests that the F AA prescribe special conditions for the intended operation of the DJ I Phantom 3 UAS, which contain such safet y stan dards that the Administrator finds necessary to establish a level of safet y equivalent to that established b y 14 C.F .R. Part 21, Subpart H, and 14 C.F .R §§ 61.1 13(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 UAS 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 f or 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 without airworthiness certification in accordance with an y requirements that must be established for the safe operation 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 3 UAS, 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 F AA finds that the airworthiness regul ations of this subchapter do not contain adequate or appropriate safet y 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 1 1 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FA A 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 F AA may prescribe special conditions for 2S urge intended operation of the DJ I Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by

14 C.F .R. Part 21, Subpart H, and 14 C.F .R Sections 61.1 13(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).

24**• A**  **Summary That Can Be Published In**  **The Federal Register , stating:**  **The Rules Fr om**  **Which 2Surge**  **Seeks Exemption:** 2Sur ge seeks exemption fr

om the r equir ements of 14 C.F

.R Sections 61.1 13(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 Natur e Of**  **The Exemption 2**  **Surge Seeks:**  This exemption will permit 2Sur ge to commer

cially operate an Unmanned Air craft System (UAS) for the purpose of conducting aerial video and photography over certain ar eas of the United S

tates.

**• Any**  **A dditional Information,**  **Vi ews, Or**  **A rguments**  **Av ailable**  **To Support**  **2Surge ’s**  **Request.** This Petition is made pursuant to the F AA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Tr ansportation to determine if certain UAS may operate safel y in the NAS. As such, 2Surge ’s request for exemption may be granted pursuant to the authority of FMRA

Section 333 and 14 C.F .R. Part 1 1, as set forth above.
FMRA Section 333 sets forth the requirements for considering whethe r 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 without airworthiness certification. As discussed in detail above, 2Surge will ope rate the DJ I Phantom 3 UAS 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, 2Surge seeks an exemption pursuant to 14 C.F .R. § 1 1.61 and Secti on 333 of the FA A Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom 3 UAS commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photograph y over certain are as of the United States. By granting this Petition, the F

AA A dministrator will be fulfilling the Congressional mandate of the F AA Modernization and Reform Act of 2012, while also advancing the inter ests of the public, b y allowing 2Surge to safely , efficien tly

, and economically

operate the DJ I Phantom 3 UAS commercially within the NAS.

25**WHEREFORE,** in accordance with the Federal Av iation Regulations and the F AA Modernization and Reform Act of 2012, Section 333, 2Sur ge respectfully requests tha t the Administrator grant this Petition for an exemption from the requirements of 14 C.F .R Sections 61.1 13(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 2Surge to operate the DJ I Phant om 3 UAS commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States. Dated: Ju ly

2 7, 2015 Respectfully

submitted,
To dd W eeks Owner/President 2Sur ge, LL C 705 North Greenville, Suite 600

- 102 Allen, T exa s 75002 972

- 999

- 0309 info@2surge.com Appendices: A

– Link to DJI Phantom 3 Manual: Click on link below
http://download.djiinnovations .com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual _v1.2_en.pdf

DJI Phantom 3 Professional (quadcopter) Craft Seri al #: Model #: W323 FCC ID: Camera Serial #: R epeater Serial #:

26