Petition for Exemption

FIC LLC Introduction:

FIC LLC is a Hawaii Department of Transportation certified Disa dvantaged Business Enterprise (DBE) designated to perform wor k including program management, construction management and construction inspection. FIC L LC has experience providing program and construction management services and inspec tion for various State of Hawaii and City and County of Honolulu Departments and private entities. FIC LLC will use a DJI Phantom 3 Professional Unmanned Aircraft System (UAS) for the commercial purpose of co nducting aerial data collection including aerial vide o and photography of constructi on sites, surveyi ng, inspecting sites, landscapes and other even ts over certain areas of the Un ited States. The proposed operations would not adversely aff ect safety and an equivalent level of safety will be ensured to comply with the requested exemption.

The Pilot in Command (PIC) of t he UAS who has final authority a nd responsibility for the operation and safety of the UAS flight will possess the appropr iate airman certificate as prescribed by 14 CFR part 61 for t he proposed operation and the appropriate medical certificate as prescribed by 14 CFR part 67. The PIC will demonstrate the ability to safely operate the DJI

Phantom 3 Professional UAS in a ma nner consistent with this exe mption by meeting minimum flight-hour and currency require ments including evasive and eme rgency maneuvers and maintaining appropriate distan ces from people, vehicles, vessel s and structures. A visual

observer will be utilized at al l times during UAS operation.

DJI Phantom 3 Professional UAS Background:

According to the manufacture the DJI Phantom 3 Professional UAS has a signal transmission distance that varies depending on e nvironmental conditions but can reach distances of up to 1.2 miles away from PIC. Flight times vary depending on environmen tal conditions and usage patterns but the Intelligent Flig ht Battery is designed to prov ide up to 23 minutes of uninterrupted flight time when f ully charged. It is a vertical takeoff and landing (VTOL) UAS with a Ground Control Station (GC S) utilizing electronic tablet or smart phone systems in

tandem with its own dedicated rem ote system. The weight is 128 0 g with a max speed of 16 m/s (ATTI mode, no wind). The maximum flight altitude is 6000 m wi th a maximum ascent speed of 5 m/s and maximum descent sp eed of 3 m/s. The remote contro ller operating frequency is 2.400 GHz-2.483 GHz with a 6000 mAh LiPo 2S battery. Further t echnical specification

information is also located i n Attachment 1 – DJI Phantom 3 Pro fessional User Manual (User Manual) and Attachment 2 – DJI Pha ntom 3 Professional Advanced Safety Guideline and Disclaimer (Safety).

Pre-flight inspections, mainten ance and repair conducted to ens ure the UAS is in a safe condition for flight will follow guidelin es provided in Attachment 1 – Us er Manual and Attachment 2 – Safety and only manufacturer’s auth orized replacement parts wil l be used. Flight and Maintenance logs will be ke pt on file and filled out by the PIC

.This device complies with part 15 of the FCC Rules as per Attac hment 1 – User Manual and Attachment 2 - Safety.

The DJI Phantom 3 Professional UAS will be operated in accordan ce with Attachment 1 – User Manual and Attachment 2 –Safety and potential hazards and safet y mitigations and performance limitations are addressed in the attachments. The UAS may be o perated in both manual and fully autonomous flight modes which enable the UAS to remain within a defined operational area and

will be limited to the line of sight of a certified PIC. The v isual line of sight (VLOS) will be maintained by the PIC’s vision unaided by any device other than corrective lenses, as specified

on the PIC’s State issued Drive r’s License. The use of first p erson view by the PIC is not permitted. The UAS contains failsafe features in the event of low battery levels or if the remote controller signal is lost for mo re than three seconds. The ret urn-to-home function returns the

UAS back to the last recorded hom e point. See Attachment 1- Us er Manual for further details.

UAS will operate over private or controlled access property wit h the property owner’s or approved representative’s prio r consent and knowledge. The UAS may not operate within 5 nautical miles of an airport reference point as denoted on current FAA published aeronautical chart unless a letter of agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator

upon request.

Flight operations must be conducte d 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 protec t nonparticipating persons from the UA and/or debris in the event of an accident. The oper ator must ensure that nonparticipating persons remai n under such protection. If situation arises where nonparticipating persons l eave such protection and are wi thin 500 feet of the U, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles, or structu res where the

owner/controller of such vessels , vehicles, or structures has granted permission and the PIC has made a safety assessment of the risk of operati ng 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 ess ential persons do not present an undue hazard to those persons per § 91.119(a).

As required in 14 C.F.R. §11.81 the following information is pr ovided in support of this petition for exemption:

Name and mailing address:

FIC LLC

Kevin Unemori 1521 South King St, Unit 305 Honolulu, HI 96826 Cell: (808)620-0455Kunemori@gmail.com

A summary we can publish in the Federal Register stating:

 The rule from which you seek the exemption

 A brief description of the exemption you seek

FIC LLC is requesting an exemp tion from Title 14 of the Code of Federal Regulations (CFR) for the following sections: 61.23( a) & (c), 61.101(e)(4) & (5), 61 .113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405( a), 91.407(a)(1), 91.40 9(a)(1) & (2), and 91.417(a) & (b) to operate an Unmanned Aircraft System (UAS) pursuant to Sectio n 333 of the FAA

Modernization and Reform Act of 2012 (FMRA). This exemption wi ll permit FIC LLC to operate an UAS for the commercial purpose of conducting aerial data collection including aerial video and photography of construc tion sites, surveying, inspect ing sites, landscapes and other

events over certain areas of the United States.

Specific Sections of Title 14 of t he Code of Federal Regulation s (CFR) from which you seek an exemption

FIC LLC is requesting an exemp tion from Title 14 of the Code of Federal Regulations (CFR) for the following sections:

61.23 (a) & (c), 61.101(e)(4) & (5), 61.113(a), 61.315(a), 91.7 (a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1) , 91.409(a)(1) & (2), and 91.417(a) & (b).

The extent of relief you seek and the reason you seek the relie f and reasons why the exemption would not adversely affect safety, or how the exempti on would provide a level of safety at least equal to the existing rule

FIC LLC requests the FAA to gran t relief from ai rworthiness cer tification requirements under

the FAA Modernization and Ref orm Act of 2012, Public Law 112-95 FEB. 14, 2012, Section

333. In consideration of the si ze, weight, speed and limited o perating area associated with the UAS and its operation the UAS meets the conditions set in the A ct and will not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, subpart H. FIC LLC ensures a level of safety at l east equivalent to th e existing rule as des cribed in the previous DJI Phantom 3

Professional UAS section and Att achment 1 – User Manual and Att achment 2 - Safety.

All UAS 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 Markings.

FIC LLC seeks relief from certa in requirements of Section §61.2 3 (a) and (c) entitled Medical certificates: Requirement and duration to operate the UAS without a FAA issued medical

certificate as stated in the exe mption granted to Aeryon Labs, Inc., “The FAA finds that, because of the risk mitigations established in the conditions and limit ations of this exemption, a person

that holds a U.S. issued driver’s license who is operating a UA S will not adversely affect safety. The FAA is granting relief from §61.23 (a) to allow any pilot t hat holds one of the pilot’scertificates discussed above to ope rate a UAS under this exempt ion with a U.S. issued driver’s

license in lieu of an FAA-issued m edical certificate. The FAA is also granting relief from §61.23 (c) to allow sport pilot cer tificate holder s to operate aircraft other than LSA with a U.S.

issued driver’s license under this exemption.”

FIC LLC seeks relief from Sec tion §61.101(e)(4) & (5) entitled Recreational pilot privileges and

limitations , Section §61.113(a) entitled Private pilot privileges and limitations: Pilot in

command , and Section §61.315(a) entitled What are the privileges and limits of my sport pilot certificate? to allow a PIC holding a sport pi lot, private pilot or recreat ional pilot certificate to operate the UAS for compensati on or hire. The relief is reques ted because these se ctions restrict a PIC holding a sport, private or recreational pilot certificat e from operating the UAS for compensation or hire or for the furtherance of any business. T he equivalent level of safety will be maintained because the aeronautical knowledge relevant to UA S operation is sufficient at all

three levels of certification a nd private, recreational and spo rt pilot certificate holders are subject to security screening by the Depa rtment of Homeland Security. The PIC will demonstrate the ability to safely operate the D JI Phantom 3 Professional UAS in a manner consistent with this exemption by meeting minimum fli ght-hour and currency requireme nts including evasive and emergency maneuvers and maintain ing appropriate distances from people, vehicles, vessels and

structures.

FIC LLC seeks relief from Section §91.7(a) entitled Civil aircraft airworthiness because FIC LLC is also seeking relief from a irworthiness certification req uirements (as noted in the beginning of this section) and therefore will ensure an equal l evel of safety will be maintained by determining that the DJI Phant om 3 Professional are in a condit ion safe for flight prior to every flight by ensuring that the UAS i s in compliance with the opera ting documents including flight and maintenance logs and Attach ment 1 –User Manual and Attachme nt 2 - Safety.

FIC LLC seeks relief from Section §91.119(c) entitled Minimum safe altitudes: General because FIC LLC will be conducting aeria l data collection of constructi on sites and ins pection sites which may require a closer view of structures and vehicles than the 500 feet stated. Due to the size of the UAS and the hovering and maneuvering capabilities o f the DJI Phantom 3 Professional an equivalent level of safety can be maintained at a distance that is closer than 500

feet.

FIC LLC seeks relief fr om Section §91.121 entitled Altimeter settings because the UAS utilizes a barometric pressure sensor, GPS equipment and a radio communica tions telemetry data link to

downlink altitude information t o the PIC. An equivalent level of safety will be maintained since the UAS is equipped with a barometric pressure sensor and GPS e quipment which will automatically ensure that a gr ound level pressure setting will be established prior to each flight and provide the PIC with altit ude information on the heads up d isplay of the ground control

system.

FIC LLC seeks relief from Section §91.151(a)(1) entitled Fuel requirements for flight in VFR

conditions due to the battery limitations of the DJI Phantom 3 Profession al battery allowing for up to 23 minutes of uninterrupted flig ht time when fully charge d. Therefore an additional 30 minutes of flight time would not be feasible under VFR conditio ns past the point of intendedlanding. Due to the technical sp ecifications of the UAS and pr oposed flight operations and location of flight operations, equi valent safety measures will be in place and Attachment 1 – User Manual contains a descrip tion of the low battery return-to -home procedure that is in place as a low battery level failsafe as part of the DJI Intelligent Flight Battery. A udible and visual warnings are transmitted to the PIC to indicate diminishing bat tery power levels.

FIC LLC seeks relief from Section §91.405(a) entitled Maintenance Required , Section §91.407(a)(1) entitled Operation after maintenance, preventive maintenance, rebuilding, or

alteration. , Section §91.409(a)(1) & (2) entitled Inspections , and Section §91.417(a) & (b)

entitled Maintenance records because these sections apply to a ircrafts with an airworthines s certificate which FIC LLC is als o seeking relief from as previo usly noted. To ensure at least an equivalent level of safety inspe ction, maintenance, alterations and repairs on the UAS will be done in accordance with techniques and practices as prescribed in Attachment 1 – User Manual and Attachment 2 -Safety and flight and maintenance logs will b e kept on file and completed by

the PIC.

How your request would benefit the publics as a whole

Granting this request for exemption will further the public int erest by allowing FIC LLC to safely, efficiently, and economi cally perform aerial data colle ction including aerial video and photography of construction sites , surveying, inspecting sites and landscapes over certain areas

of the United States. Additionally, use of the DJI Phantom 3 Professional UAS will de crease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of FIC LLC ’s proposed operation of the DJ I Phantom 3 Professional UAS

will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NA S. The DJI Phantom 3 Professional UAS is battery powered and will serve as a safe, efficient,

and economical alternative to the manned aircraft traditionally utilized to ob tain aerial imagery. By reducing the amount of manned aircraft needed t o 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 operatio ns in the NAS, congestion

around airports caused by arriving and departing aircraft will be redu ced. The DJI Phantom 3

Professional UAS does not require an airport to takeoff or land. Likewise, a reduction of

manned aircraft conducting aerial video and photography missions would result i n fewer

aircraft that must be handled by air traffic control during the ground, takeoff, depa rture, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom

Professional UAS. Conducting aerial data acquisitions with the DJI Phantom 3 Prof essional UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels o f air and noise pollution generated during traditional aerial video and still photography flightoperations. By using battery powered and electric motors, the DJI Phantom 3 Professional UAS produce 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 2030 gallons per hour of leaded

aviation fuel. The DJI Phantom 3 Professional UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA is propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 Professional UAS to perform aerial a cquisitions, the substantial

risk to life and property in the air and on the ground, which is usually ass ociated with

traditional manned aircraft flight operations, will be substantially reduced or co mpletely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI

Phantom 3 Professional UA (weight approximately 2 pounds 13 ounces at its maximum gross weight with length a 23.3 inches diagonal, 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 similar operations (weight approximately 6,000 pounds with a wingspan of approxima tely 42 feet, a length of 34 feet, and a fuel capacity of

180 gallons).

3. Performing Aerial Video and Photography Operations With Th e DJI Phantom 3 Professional UAS Will Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 3 Prof essional UAS is also an

economical alternative to using manned airc raft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional UAS will allow United States based c ompanies, like FIC LLC, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Pro tection Agency (EPA) regulatory actions phasing out leaded avia tion fuels, U.S. owned and opera ted companies must adopt new and alternative technology in order to remain competitive. Operatin g the battery powered DJI Phantom 3 Professional UAS 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.

By operating the DJI Phantom 3 Professional UAS compani es, such as FIC LLC, can remain competitive and profitabl e, and therefore, provide great er job stability to employees and contractors, which will ultimately contribute to gro wth of the U.S. economy. Improved financial performance of U.S. companies, through comme rcial use of the DJI

Phantom 3 Professional UAS, provides a stab le workforce that increases c onsumer spending, improves local, state, and federal tax revenues and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight operatio ns that have been conducted for decades, FIC LLC’s proposed operations of the DJI Phantom 3 Professional UAS will not implicate any privacy issues. Specifically the DJI Phantom 3 Pr ofessional UAS will be operated in compliance with Attachment 1 – User Manual in cluding requiri ng property ownerinvolvement as well as local law enforcement notification, and in accordance with the Federa l

Aviation Regulations when applicable.

Any additional information, views, or arguments available to su pport your request

This petition is made pursuant to the FAA Modernization and Ref orm Act of 2012 (FMRA)

Section 333 which directs the S ecretary of Transportation to de termine if certain UAS may operate safely in the NAS. As suc h, FIC LLC’s request for exem ption may be granted pursuant to the authority of FMRA S ection 333 and 14 C.F.R. Part 11, as set forth previously.

The FMRA Section 333 sets forth the requirements for considerin g whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a t hreat to national security and further provides the authorit y for such UAS to operate without airworthiness certification.

As discussed in detail above, FIC LLC will operate the DJI Phan tom 3 Professional UAS safely in the NAS without creating a ha zard to users of the NAS, or th e public, or otherwise pose a threat to national security.

Conclusion:

As set forth herein, FIC LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), whi ch will permit safe operation of the DJI Phantom 3 Professional UAS commercially, w ithout an airworthiness certificate, for the limited purpose of conducting aerial data collection ov er certain areas of

the United States. By granting this Petiti on, the FAA Administrator will b e fulfilling the Congressional mandate of the FMRA, while also a dvancing the interests of the public, by allowing FIC LLC to safely, efficiently, and economically operate the DJI Phantom 3 Professional UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the F MRA, Section 333, FIC LLC respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. §61.23 (a) & (c), 61.101(e)(4) & (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c) , 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b) and permit FIC LLC to operate the DJI Phantom 3 Professional UAS commercially for the purpose of conducting aerial data collection over certain areas of the

United States for forensic inspections. Dated: October 26, 2015

Respectfully submitted,

Kevin UnemoriFIC LLC 1521 South King St., Unit 305 Honolulu, HI 96826

808.620.0455