Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

SORA AERIAL

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 3 PROFESSIONAL UNMANNED

AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on June 27 , 2015 Will Adrion, Sole Proprie tor
Sora Aerial

6502 Bellbrook Place Worthington, OH 43085

Tel: 614

- 571

- 74942 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS

................................ ................................ .................. 3

SUMMARY

................................ ................................ ................................ .......................... 4

INTRODUCTION AND INTERESTS OF PETITIONER.

................................ .................. 4

BACKGROUND

................................ ................................ ................................ ................... 5

BASIS FOR PETITION

................................ ................................ ................................ ........ 5

NAME AND ADDRESS OF PETITIONER.

................................ ........................... 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH SORA AERIAL

SEEKS EXEMPTION

................................ ................................ ................ 8

THE EXTENT OF RELIEF SORA AERIAL AND THE REA SON SORA

AERIAL SEEKS THE RELIEF

.............................. .... ........... 12

THE REASONS WHY GRANTING SORA AERIAL’S REQUEST WOULD BE

IN THE PUBLIC INTEREST

.......... ................................ ................................ .... 15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY

................................ ................................ ......... 19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.

.... 33

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT SORA AERIAL’S REQUEST....

..................... 33

CONCLUSION

................................ ................................ ................................ ................... 34

APPENDICES........................................................................................ 353 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

FMRA FAA Modernization and Reform Act of 2012

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC 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 System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

SORA AERIAL 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 System pursuant to Section

333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will

permit SORA AERIAL to operate an Unmanned Aircraft System (UAS) for the

commercial purpose of conducting aerial video and photography of con struction sites, real

estate, and special events o ver certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

SORA AERIAL provides clients with expertise and knowledge in advanced

technologies and solutions to increase efficiency, productivity and effectiveness. The

objective of SORA AERIAL’s aerial video and photography operations is to provide high

quality imaging for a variety of commercial, public, and residential uses, specifically

targeting:

 Real estate and private property aerial photography

 Aerial acquisitions used for inspections of public and private structures.

 Special Event aerial photography and video

 Increase public knowledge of UAS and promote safe UAS operations.5 BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional

SORA AERIAL seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 3 Professional is a vertical takeoff and landing

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing

electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a maximum

gross weight of approximately 2 pounds 8 ounces , a maximum controllable range of 1 1⁄2

miles, and a m aximum speed of approximately 31 knots.

The DJI Phantom 3 Professional is equipped with four main rotors; driven by Lithium

Polymer battery powered electric motors.

The DJI Phantom 3 Professional UAS that will be operated by SORA AERIAL

will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft

, as well as

14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45,

Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, SORA AERIAL, pursuant to the provisions of the Federal Aviation

Administration 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

,

hereby petitions the Administrator to commercially operate the DJI Phantom 3

Professi onal UAS in the National Airspace System (NAS), and for an exemption from the

Requirements of 14 C.F.R

§§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & (b).6

In consideration of the speed, weight, size, and limited operating area associated with

the unmanned aircraft and its operation, SORA AERIAL’s operation of DJI Phantom 3

Professional UAS meets the conditions of FMRA Section 333 and therefore, will not re quire

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, SORA AERIAL 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

mai ntenance that only apply to aircraft with an airworthiness certificate.

SORA AERIAL submits that the requested relief is proper since an equivalent level of

safety will be ensured. SORA AERIAL will use experienced personnel or technicians to

perform mainte nance, alterations, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance

Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, SORA AERIAL will

d ocument and maintain all maintenance records for the DJI Phantom 3 Professional UAS.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial

operations. SORA AERAL can achieve an equivalent level of safety as achieved by cur rent

Regulations because the DJI Phantom 3 Professional UAS does not carry any pilots or

passengers. Further, while helpful, a pilot license will not ensure remot e control piloting skills.

The risk s attended to the operation of the DJI Phantom 3 Professional UAS is far less than the

risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus,

allowing SORA AERIAL to meet and exceed cur rent safety levels in relation to 14 C.F.R.

§61.113 (a) & (b).7 SORA AERIAL seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Phantom 3 Professional UAS does not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, SORA

AERIAL submits tha t he will ensure that the DJI Phantom 3 Professional UAS is in an

airworthy condition, prior to every flight, by determining that the UAS is in compliance

with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3

Professional Instructi on Manual), and that the aircraft is in a condition for safe flight.

SORA AERIAL also seeks an exemption from the Requirements of Section 91.121,

entitled Altimeter Settings , as the DJI Phantom 3 Professional UA S will not have a typical

barometric altimeter onboard. However, altitude information of the DJI Phantom 3

Professional UA S will be provided to the operator via Global Positioning System (GPS)

equipment and radio communications telemetry data link, which downlinks from the UA S

to the GCS for active monitoring of the flight path. This altitude information, combined

with SORA AERIAL’s operation of the DJI Phantom 3 Professional UAS within visual

line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section

91.121.

Additionally, SORA AERIAL seeks an exemption from the Requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . SORA

AERIAL submits that safety will not be affected by operation of the DJI Phantom 3

Professional UA S during daylight hours in visual meteorological conditions (VMC) under

visual flight rules (VFR), with enough battery power to fly for a total8

duration of approximately 13.5 minutes to the first point of i ntended landing and, assuming

normal cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, SORA AERIAL provides the following

information in support of its petition for exemption:

A. Name a nd Address o f the Petitioner.

The name and address of the Petitioner and point of contact is:

SORA AERIAL

6502 Bellbrook Place Worthington, OH 43085

Tel: (614) 571

- 7494

Email: SoraAerial@gmail.com

B. The Specific Sections o f 14 C.F.R. From Which SORA AERIAL Seeks Exemption.

1. SORA AERIAL Seeks Exemption f r o m t he Requirements o f 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 (PIC) of an aircraft that is carrying 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 employment if

—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or proper ty for compensation or hire.

2. SORA AERIAL Seeks Exemption f rom t he Requirements of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the

following:9 (a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. SORA AERIAL Seeks Exemption f rom t he Requirements o f 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, by 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) 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) 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. SORA AERIAL 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, assumi ng normal cruising speed, to fly after that for at least 20 minutes.

5. SORA AERIAL Seeks Exemption f rom t he Requirement o f Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following:

Each owner or operator of an aircraft

—10 (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 t his chapter[.]

6. SORA AERIAL 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 follow ing:

(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 by a person authorized under §

43.7 of this chapter[.]

7. SORA AERIAL 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 perso n may operate an aircraft unless, within the preceding 12 calendar months, it has had

--

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. SORA AERIAL Seeks Exemption f rom t he Requirements o f Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and11 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 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 action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated o r superseded by other work or for 1 year 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.12 (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 aircraft is approved for return to service.

C. The Extent o f Relief SORA AERIAL seeks a nd t he Reason SORA AERIAL

Seeks the Relief.

1. Extent of Relief SORA AERIAL Seeks and the Reason SORA AERIAL

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 PIC 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 currency requirements, to conduct the

proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b)

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if: (1) The f light is only incidental to that

business or employment; and (2) The aircraft does not carry passengers or property for

compensation or hire.

As set forth more fully below, SORA AERIAL submits that an equivalent level of

safety will be maintained because n o PIC will be allowed to operate the DJI Phantom 3

Professional UAS unless that PIC has met certain flight

- hour and currency requirements,

demonstrating that the PIC is able to safely operate the DJI Phantom 3 Professional UAS

in a manner consistent with t he operations specifications as described in this exemption,

including evasive and emergency maneuvers, as well as maintaining appropriate distances

from people, vessels, vehicles and structures.13 Further, SORA AERIAL submits that all flights of the DJI Phantom 3 Professional

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to

SORA AERIAL’s business; and (2) will not carry passengers or property for

compensati on or hire.

2. Extent o f Relief SORA AERIAL Seeks a nd t he r eason SORA AERIAL

Seeks Relief f

rom Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the

extent required to allow SORA AERIAL to determine that the DJI Phantom 3

Professional UAS is in airworthy condition prior to every flight by ensuring that the UAS

is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 3 Professional Instruction Manual).

SORA AERIAL seeks the requested relief because the DJI Phantom 3 Professional

UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H. Therefore, SORA AERIAL will ensure that the DJI Phantom 3 Professional

UAS is in airworthy condi tion based upon its compliance with the operating documents

(i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual)

prior to every flight, and further, determine that the aircraft is in condition for safe flight,

as stated in the conditions and limitations below.

3. Extent o f Relief SORA AERIAL Seeks a nd t he Reason SORA AERIAL

Seeks Relief f

rom Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow

flight operations of the DJI Phantom 3 Professional UAS, which utilize a barometric

pressure sensor, GPS equipment, and a radio communications telemetry data link to

downlink altitude information from the UA S to the PIC at the ground control station

(GCS). Since the FAA requires t hat any altitude information concerning UAS operations14

be reported to air traffic control (ATC) in feet above ground level (AGL), SORA AERIAL

seeks the requested relief because the DJI Phantom 3 Professional 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 an d

limitations stated below. As more fully set forth herein, an equivalent level of safety will

be maintained since the DJI Phantom 3 Professional UA S is equipped with a barometric

pressure sensor and GPS equipment, which automatically ensures that a ground level

pressure setting will be established prior to each flight, and provides the PIC with altitude

information of the UA S on the heads

- up display of the GCS.

4. Extent o f Relief SORA AERIAL Seeks a nd t he Reason SORA AERIAL

Seeks Relief f

rom 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 DJI

Phantom 3 Professional UA S during daylight hours in visual meteorological con ditions

(VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first

point of intended landing and, assuming normal cruising speed, to fly after that for at least

4.5 minutes. SORA AERIAL seeks the requested relief because with out an exemption

from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3

Professional UA S will severely constrain the practicality of any aerial video or still photo

flight operations that SORA AERIAL proposes to conduct pursu ant to this Petition.15 Significantly, as set forth below, the technical specifications of the DJI Phantom 3

Professional UAS, the DJI Phantom 3 Professional operating documents, and SORA

AERIAL’s proposed operating limitations, ensure that SOR A AERIAL will safely operate

the battery powered DJI Phantom 3 Professional 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 13.5 minutes to the f irst point of intended landing and,

assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent o f Relief SORA AERIAL Seeks a nd t he Reason SORA AERIAL

Seeks Relief f

rom Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

a nd 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 apply to aircraft with an airworthiness certificate, SORA AERIAL requests relief

from these Sections because the DJI Phantom 3 Professional UAS doe s not require

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional

UAS meets the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, SORA AERIAL will use trained technicians t o perform

maintenance, alterations, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the UAS operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 3 Professional). Furthermore, SORA AERIAL will

document and maintain all maintenance records for the DJI Phantom 3 Professional UAS.

D. The Reasons w hy Granting SORA AERIAL’s Request w ould b e in the Public Interest; That i s, How i t w ould b enefit the Public as a Whole.

Granting the present Petition will further the public interest by allowing SORA

AERIAL to safely, efficiently, and economically perform aerial video and16

photography of construction sites, real estate, and special events over certain areas of the

Unit ed States.

Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion

of the NAS, reduce pollution, and provide significant benefits to the economy. Notably,

the benefits of SORA AERIAL’s proposed operation of the DJI Phantom 3 Profes sional

UAS will be realized without implicating any privacy issues.

1. The Public w ill Benefit f rom Decreased Congestion o f t he NAS.

The DJI Phantom 3 Professional UA S is battery powered and serves as a safe,

efficient, 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 DJI Phantom 3 Professional 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, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and dep arting aircraft will be reduced. The

DJI Phantom 3 Professional UA S does 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 handle d by air traffic control during the ground,

takeoff, departure, arrival, and landing phases of flight operations.

2. The Public w ill Benefit f rom the Safety and Efficiency of the DJI

Phantom 3 Professional UAS.

Conducting aerial acquisitions wi th the DJI Phantom 3 Professional UAS, instead

of manned aircraft, will greatly benefit the public by drastically reducing the levels of air

and noise pollution generated during traditional aerial video and still photography flight17

operations. By using battery power and electric motors, the DJI Phantom 3 Professional

UAS produces no air pollution, and is the most viable environmentally conscious

alternative to the cabin class, six cylinder internal combustion engine aircraft that are

typically utilized for aerial video and photography, while burning approximately 20

- 30

gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional UA S , while

reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the

UA S s are propelled by battery powered electric motors, rather than an internal combustion

engine.

By using the DJI Phantom 3 Professional UAS to perform aerial acquisitions, the

substantial risk to life and property in the air and on the ground, which is usually

associated with traditional manned aircraft flight operations, will be substantially reduced

or completely eliminated. Aside from the lack of flight crew members located onboard the

aircraft, the DJI Phantom 3 Professional UA S (we i ghing approximately 2 pounds 8

ounces, at its maximum gross weight and with no fuel on board), has less physical

potential for collateral damage to life and property on the ground, and in the air, compared

to the manned aircraft that typically conduct simi lar 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 Video and Photography Operations With The DJI

Phantom 3 Professional UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional UAS is also

an economical alternative to using manned aircraft to conduct similar aerial operations. As

such, operation of the DJI Phantom 3 Professional UAS will allow U nited States based

companies, like SORA AERIAL’s, to remain competitive and contribute to growth of the

U.S. economy. Specifically, with the rising cost of aviation fuel and the18

Environmental Protection Agency (“EPA”) regulatory actions phasi ng 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 Professional

UASs 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 of a traditional manned aircraft.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that hav e been conducted for

decades, SORA AERIAL’s proposed operation of the DJI Phantom 3 Professional UAS

will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional UAS

will be operated only in compliance with operating documents (i.e., Monthly Maintenance

Log, and DJI Phantom 3 Professional) 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. § 91.119.19

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 SORA AERIAL Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional UA S Meets 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, SORA AERIAL’s operation of the DJI

Phantom 3 Professional UAS meets the conditions of FMRA Section 333, and will not

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate withou t 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.

Specifically, FMRA Section 333 states the following, in part:

(a) I n 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 Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretar y shall determine, at a minimum

--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create

a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the20 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, SORA AERIAL submits that the DJI Phantom 3

Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UAS; (b) the

pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional UAS

Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional 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 capa bility.

i. Technical Specifications of the DJI Phantom 3 Professional UAS.

The technical specifications of the DJI Phantom 3 Professional UAS is set forth by

the DJI Phantom 3 Professional Specifications and Data Sheet, attached hereto as Exhibit

A.

ii. The DJI Phantom 3 Professional UAS Autonomous Flight And

Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional UAS may be operated in both manual and fully

autonomous flight modes. A complete description of the flight and navigational modes of

the DJI Phantom 3 Professional UAS is provided at pages 11

- 13 of the DJI Phantom 3

Professional and pages 25

- 33 User Manual, attached hereto as Exhibit B

.

iii. The DJI Phantom 3 Professional UAS is designed for Automatic

Return to Home Point or Hover In The event Of Loss of the

Control Link or Navigation.

When the Control Link is lost, the DJI Phanto m 3 Professional UA will remain

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3

Professional UA S does not reacquire control link data from the GCS, the UAs will assume21

that the Control Link is lost and the UAs will ret urn 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 DJI Phantom 3

Professional UAS are set forth at pages 14 through 15 of the DJI Phantom 3 Professional

User Manual, attached hereto as Exhibit B.

iv. The DJI Phantom 3 Professional GCS and Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3

Professional GCS and flight control software is provided at pages 35 through 39 of the DJI

Phantom 3 Professional User Manual. DJI Phantom 3 Professional User Manual is

attached hereto as Exhibits B.

b. Flight Operations of DJI Phantom 3 Professional UAS is Limited to the Line Of Sight of a Certificated Pilot in Command with a Safety

Observer.

SORA AERIAL will only utilize certificated pilots who possess a current and valid

airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3

Professional UAS. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 3 Professional UAS Will Be Conducted

Pursuant To Specific Operating Limitations.

In seeking this exemption, SORA AERIAL proposes to commerc ially operate DJI

Phantom 3 Professional UAS 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 will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Professional Unmanned22 Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 20 k nots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman

medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging 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

duratio n of the flight. The PIC 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 PIC 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 exis ts between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the op erator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must 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 ex emption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.23 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly

documented in the aircraft rec ords.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight mu st 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 already 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 records, including total time in service, description of work accomplished, and the signature of the authorized person returni ng the

UAS to service.

15. Each UAS 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. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

17.1. 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.

18. 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 availa ble to the Administrator upon request.

19. 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

PIC.24 20. If the UA loses communications or loses its GPS sig nal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents.

21. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

22. The PIC 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.

23. 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. This COA will also require the operator to request a Notice

to Airma n (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 trans ponder requirements.

24. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

25. 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 any law enforceme nt official upon request.

26. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

27. The UAS may not be operated by the PIC from any moving device or vehicle.

28. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. 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 structures has granted permission and the PIC has made a safety assessment of the risk of25 oper ating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

29. 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.

30. Any inci dent, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

2. Reasons Why an Exemption from the Requirements of Section 61.113(a)

a nd (b) Would Not Adversely Affect Safety.26 SORA AERIAL submits that the equivalent level of safety established by Section

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 Professional UAS unless that PIC has demo nstrated, by meeting minimum

flight

- hour and currency requirements, that the PIC is able to safely operate the DJI

Phantom 3 Professional UAS in a manner consistent with the exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Considering SORA AERIAL’s proposed area of operations, and the operating

limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge

requirements to those of commercial p ilot requirements (See Exemption No. 11062); and

the airmanship skills necessary to safely operate the DJI Phantom 3 Professional UAS,

SORA AERIAL submits that the additional manned airmanship experience of a

commercially certificated pilot would not corre late to the airmanship skills necessary for

SORA AERIAL’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to

UAS, in circumstances similar, in all material respects, to those presented here in (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

SORA AERIAL will not allow any PIC to operate the DJI Phantom 3 Professional

UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or

the DJI Phantom 3 Professional UAS training and currency requirements, that the PIC is

able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent27

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 consistent

with 14 C.F.R. § 61.51(b), 25 hour s 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 PIC must accomplish 3 take offs and landings in the preceding 90 days (for currency

purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight

experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of safety during SORA AERIAL’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 requi red 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 operations under Exemption No. 11062, the PIC 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 to tal 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 1106 2 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, and28 experience

- building flights the PIC is required to operate the UA with appropriate

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, SORA AERIAL will ensure safe operations by not allowing any PIC

to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by

meeting minimum flight

- hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 3 Professional UAS in a manner consistent with the exemption,

including evasive and emergency maneuvers and m aintaining appropriate distances from

people, vessels, vehicles and structures.

3. Reasons Why an Exemption from the Requirements of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) w ill be maintained

because prior to every flight, SORA AERIAL will ensure that the DJI Phantom 3

Professional UAS is in an airworthy condition based upon the UAS’s compliance with its

operating documents and as stated in the conditions and limitations herei n.

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 by Section 91.121 will be maintained

because the altitude information of the DJI Phantom 3 Professional UA S will be provided

to the PIC via GPS equipment and a radio communications telemetry data link, which

downlinks from the UA S to the GCS for active monitoring of the flight path and altitude.

This altitude29

information, combined with SORA AERIAL’s operation of the DJI Phantom 3

Professional UA S within visual line of sight, at or below 400 feet AGL, will ensure a level

of safety equivalent to Section 91.121. The altitude information will be generated by GPS

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point

is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.1 21 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, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why an Exemption from the Requirements of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b) as a result of (1) the techni cal specifications of the DJI

Phantom 3 Professional UAS; (2) the limitations on the proposed flight operations; and (3)

the location of the proposed flight operations. Accordingly, SORA AERIAL will ensure

that it will safely operate the battery powered DJ I Phantom 3 Professional 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 minut es.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3

Professional UAS; 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). Furthermore, safety will be ensured as the DJI Phantom 3 Professional

UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences

low30

battery voltage, the first warni ng occurring at ap proximately 30 % remaining battery power,

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

level, the DJI Phantom 3 Professional UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected 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 prescribe d 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. 881 1, 10808, 10673, 11042, 11062, 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, SORA AERIAL submits that the equivalent level of

safety with regard to the regulatory maintenance and alteration requirements establishe d by

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met

because SORA AERIAL will use trained technicians to perform maintenance, alterations,

or preventive maintenance on the UAS using the methods, techniques, and prac tices

prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom

3 Professional Instruction Manual). Furthermore, SORA AERIAL will document and

maintain all maintenance records for the DJI Phantom 3 Professional UAS.31 Since the DJI Phantom 3 Professional UAS will be inspected as prescribed by the

operating documents, SORA AERIAL will maintain the equivalent level of safety

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the D JI

Phantom 3 Professional User Manual is attached hereto as Exhibit B; a copy of the DJI

Phantom 3 Professional UAS Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because SORA

AERIAL 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 saf ety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 3 Professional UAS will be performed by trained technicians. Maintenance

will be documented and maintained utilizing the monthly maintenance log.

Signif icantly, previous exemptions granted by 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 adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of SORA AERIAL’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 Professional UAS, SORA

AERIAL submits that safety will not be adversely 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

,32

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 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, SORA AERIAL requests that

the FAA prescribe special conditions for the intended operation of the DJI Phantom 3

Professional UAS, which contain such safety st andards 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 §§ 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 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 requirement s 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 without airworthiness certification

in accordance with any 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 DJI Phantom 3 Professional UAS, since the airworthiness

re gulations 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 propeller33 because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or prope ller as the FAA finds necessary to establish a level of safety equivalent to that established in

the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA

may prescribe special conditions for Le ading Edge’s intended operation of the DJI

Phantom 3 Professional 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 Se ctions 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 SORA AERIAL Seeks Exemption:

SORA AERIAL 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 Exempti on SORA AERIAL Seeks:

This exemption will permit SORA AERIAL 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 Available to Support

SORA AERIAL’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain

UAS may operate safely in the NAS. As such, SORA AERIAL’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.34 FMRA Section 333 sets forth the requirements for c onsidering 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.

As discussed in detail above, SORA AERIAL will operate the DJI Phantom 3

Professional UAS safely 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, SORA AERIAL 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 DJI Phantom 3 Professional UAS

commercially, without an airworthiness certificate, for the limited purpose of con ducting

aerial video and photography over certain areas of the United 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 public,

by allowing SORA AERIAL to safely, efficiently, and economically operate the DJI

Phantom 3 Professional UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Administration

Regulations and the FAA Modernization and Reform Act of 2012, Section 333, SORA

AERIAL respectfully 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 SORA

AERIAL to operate the DJI Phantom 3 Professional UAS commercially for the purpose of35

conducting aerial video and photography over certain areas of the United

States. Dated: June 27

, 2015

Respectfully submitted,

William T Adrion

SORA AERIAL

6502 Bellbrook Place Worthington, OH 43085

Tel: (614) 571

- 7494

Appendices :

A

– DJI Phantom 3 Professional Specifications Data Sheet

B

– DJI Phantom 3 Professiona l Manufacturer’s Manual

C

– Monthly Maintenance Log

D

– Unmanned Vehicle University Training Certification

Document

APPENDIX

– A

DJI PHANTOM 3 PROFESSIONAL TECHNICAL

SPECIFICATIONS

See attached PDF file of DJI Phantom 3 Professional User Manual.36 APPENDIX

– B

See attached PDF file of DJI Phantom 3 Professional User Manual.37 APPENDIX

– C

MONTHLY MAINTENANCE LOG

month: year:

UAS #: Date Issue

Discovered Date Issue

Addressed Issue Description & Maintenance Conducted Maintenance Performed By:

Print & Sign

Software Updates

Airframe

Engines

Propellers

Camera Gimbal

Landing Gear

Vibration Dampening

Other:

APPENDIX

– D

See attached PDF file of UVU Certi f ication.