UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Colin J Romberger
FOR AN EXEMPTION SEEKING RELIEF FROM THE REQ UIREMENTS 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 P HANTOM 2 AND 3DR AERO

- M FIXED WING UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on September 11 , 2015 Colin J Romberger 233 Pleasant Hill Dr. Lititz, Pennsylvania 17543 717

- 575

- 3474TABL E 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...................................................

................ ........7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH COLIN J ROMBERGER SEEKS EXEMPTION................................................

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

THE EXTENT OF RELIEF COLIN J ROMBERGER SEEKS AND THE REASON COLIN J ROMBERGER SEEKS THE R ELIEF...........

...... ......................... ...............11

THE REASONS WHY GRANTING COLIN J ROMBERGER REQUEST WOULD BE IN THE PUBLIC INTEREST.................................... ...................................................14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY..................................................................

.......................................... .......17

CONCLUSION.......................................................................

....... .................................. ........32GLOSSARY 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 Authorizat ion FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Se ction 333 FAA Moderniz ation and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aerial System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff an d LandingSUMMARY

Colin J Romberger 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 pur suant to Section 3 33 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Colin J Romberger to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of to be used in ag ricultural and conservation mapping, s pecial events, inspection

purposes, and real estate marketing over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Colin J Romberger , I am 33 years old and hold FAA Priva te Pilot Certificate Number 3698304. I am currently enrolled as a graduate student at Embry

- Riddle Aeronautical University pursing my Master’s Degree in Unmanned Systems. In addition to my flight experience as a private pilot, I also have extensive experie nce as a n R/C aircraft enthusiast flying
various fixed

- wing and rotorcraft models . Since enrolling as a graduate student at Embry Riddle, I have had to opportunity to design and build a few small Unmanned Aerial Systems (UAS) incorporating different levels of autonomous control technology. It is my intent to use my previous aviation experience and current education in UAS to form a company that specializes in aerial imaging and mapping for the agricultural, forestry and
wildlife conservation industries. In addition, the intended company will also provide video and photography services to private individuals and organizations in need of such services for special
events, marketing purposes and structural inspections. In my personal life, I enjoy many outdoor p ursuits including camping, kayaking, SCUBA diving and motorcycling. I am married with three children and our family resides in Lititz, Pennsylvania, where I am currently employed by the Boy Scouts of America.BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2
, 3DR Aero

- M Fixed Wing UASs \

Colin J Romberger seeks an exemption to operate DJI and 3DR systems for compensation or hire wi thin the NAS. The DJI Phantom 2 is a vertical takeoff and landing quadcopter rotorcraft and the 3DR Aero

- M Fixed Wing UA S is a high wing, propeller driven fixed wing aircraft. Both systems use Ground Control Station s (GCS) utilizing electronic tablet or smart phone systems , as well as laptop computers and handheld radio transmitters . The DJI
Phantom 2 has a maximum gross we ight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The 3DR Aero

- M Fixed Wing UAS has a maximum gross weight of 7 pounds 14 ounces, a length of 51 inches, wingspan of 74 inches, and a m aximum speed of approximately 19 knots. Th e DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS are powered by Lithium Polymer battery powered electric motors.
The DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS UAs that wil l be operated by Colin J Romberger 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, Colin J Romberger , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Sy stems , hereby petitions the
Administrator to commerc ially operate the DJI Phantom 2
, 3DR Aero

- M Fixed Wing UASs 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). In consideration of the speed, weight, size, and limited ope rating area associated with the unmanned aircraft and its operation, Colin J Romberger operation of DJI Phantom 2 and 3DRAero

- M Fixed Wing UASs meets the conditions of FMRA Section 333 and therefore, will not

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Colin J Romberger requests relief from Sections 91.405(a), 91.407(a)(1),
9 1.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sect ions set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Colin J Romberger submits that the requested relief is prop er since an equivalent level of safety will be ensured. Colin J Romberger will use experien ced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Mon thly Maintenance Log,
and DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS Instruction Manual). Furthermore, Colin J Romberger will document and maintain all maintenance record s for the DJI Phantom 2 and
3DR Aero

- M Fixed Wing UAS UASs. Relief from certain req uirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Colin J Romberger to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 and
3DR Aero

- M Fixed Wing UASs in a manner consistent with this exemption, including evasive
and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles
and structures. Colin J Romberger seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness
, because the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Colin J Romberger submits
that he will ensure that the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs are in an airworthy condition, prior to every flight, by determining that the UAS s are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Ph antom 2 and 3DR Aero

- M Fixed Wing UAS Instruction Manual), and that the aircraft are in a condition for safe fligh t. Colin J Romberger also seeks an exemption from the requirements of Section 91.121,
entitled Altimeter Settings , as the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS UAs will
not have a typical barometric altimeter onboard. However, altitude information o f the DJI
Phantom 2 and 3DR Aero

- M Fixed Wing UAS UAs will be provided to the PIC via GlobalPositioning System (GPS) equipment and radio communications telemetry data link, which

downlinks from the UA to the GCS for active monitoring of the flight path. T his altitude information, combined with Colin J Romberger ’s operation of the DJI Phantom 2 and 3DR
Aero

- M Fixed Wing UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Col in J Romberger seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Colin J Romberger submits that safety will not be affected by operation of the DJI Phantom 2 and 3DR Aero

- M Fixed Wing
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 ap proximately 13.5

- 40 minutes to
the first point of intended landing and, assuming normal cruising s peed, to fly after that for at
least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Colin J Romberger provides the following information in support of its petition for exemption:
A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is: Colin J Romberger 233 Pleasant Hill Dr Lititz, Pennsylvania 17543

Phone: 717

- 575

- 3474 Email: cromberg821@gmail.com

B. The Specific Sections o f 14 C.F .R. From Which Colin J Romberger Seeks Exemption.

1. Colin J Romberger Seeks Exemption From The Requirements Of Section 61.113(a) a nd (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command
, subsections (a) and (b) pre scribe 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 property for compensation or hire.

2. Colin J Romberger Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operat e a civil aircraft unless it is in an airworthy condition.

3. Colin J Romberger Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person opera ting 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 statio n along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate
available station; or (iii) In the c ase of an aircraft not equipped with a radio, the elevation of
the departure airport or an appropriate altimeter setting available before departure.

4. Colin J Romberger Seeks Exemption F rom The Requirements Of Section 91.151(b). Section 91.151, entit led 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 firstpoint of intended landing and, assuming normal cr uising speed, to fly after that for at

least 20 minutes.

5. Colin J Romberger Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled Maintenance required , subsection ( a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies re paired as prescribed in part 43 of this chapter[.]

6. Colin J Romberger Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maint enance, preventive maintenance, rebuilding, or
alteration
, subsection ( a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7
of this ch apter.

7. Colin J Romberger Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or ( 2) An inspection for the issuance of an airworth iness certificate in accordance with part 21 of this chapter.

8. Colin J Romberger Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records
, sub sections (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) Reco rds 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) and each engine, propeller, rotor, and a ppliance of an aircraft. The records must include

-- (i) A description (or reference to data acce ptable to the Administrator) of
the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate num ber 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 ai rworthiness 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 install ed 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 or 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 s old. (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 repair ed and the aircraft is approved for return to service.

C. The Extent Of Relief Colin J Romberger Seeks A nd The Reason Colin J Romberger
Seeks The Relief.

1. Extent Of Relief Colin J Romberger Seeks And The Reason Colin J Romberger Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limit ations:
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 m edical 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 w ith 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 property for compensation or hire. As set forth more fully below, Colin J Romberger subm its that an equ ivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2
UAS or 3DR Aero

- M Fixed Wing UAS unless that PIC has met c ertain flight

- hour and currency requirements, demonstrating that the PIC is able to safely ope rate either the DJI Phantom 2

or 3DR Aero

- M Fixed Wing UAS in a manner consistent with t he operations specifications as described in this exemption, including evasive and emergency ma neuvers, as well as maintaining appropriate distances from people, vesse ls, vehicles and structures.Further, Colin J Romberger submits that all flights of the DJI Phantom 2 and 3DR Aero

M Fixed Wing UAS s , conducted by the PIC pursuant to the grant of this P etition: (1) will be
incidental to Colin J Romberger’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Colin J Romberger Seeks And The Reason Colin J Romberger Seeks Relief From Section 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is r equested to the extent required to allow Colin J Romberger to determine that th e DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Colin J Romberger Aerial Operations Manual, Monthly Main tenance Log, and DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS
Instruction Manual). Colin J Romberger seeks the requested relief because the DJI Phantom 2 and
3DR Aero

- M Fixed Wing UASs do not requir e an airworthiness certificate in accordance with 14
C.F.R. Part 21, Subpart H. Therefore, Colin J Romberger will ensure tha t the DJI Phantom 2 and
3DR Aero

- M Fixed Wing UASs are in airworthy condition based upon it s compliance with the operating documents (i.e., Monthly Main tenance Log, and DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS Instruction Manual) prior to every flight, and further, determine that the
aircraft are in condition for safe flight, as stated in the conditions and limitations below.
3. Ex tent Of Relief Colin J Romberger Seeks And The Reason Colin J Romberger Seeks
Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 2 and 3DR Aer o

- M Fixed Wing U ASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground contr ol station (GCS). Since the FAA requires that any altitude information concerning UAS operat ions be reported to air traffic control (ATC) in feet above ground level (AGL), Colin J Romberger seeks the requested relief
because the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS UA’s altime ter 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 co nditions and li mitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the
DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS UAs are equipped wi th a barometric

pressure sensor and GPS equipment, which automatically ensure s that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitu de information of
the UA on the heads

- up display of the GCS.

4. Extent Of Relief Colin J Romberger Seeks And The Reason Colin J Romberger Se eks Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the batter y powered DJI Phantom 2 and 3DR
Aero

- M Fixed Wing UAS UAs during d aylight hours in visual meteoro logical conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of
intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.
Colin J R omberger seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS UAs will severely constrain the practicality of any aerial video or still p hoto flight operations that Colin J Romberger proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision

+ and 3DR Aero

- M Fix ed Wing UASs, the DJI Phantom 2 and 3DR Aero

- M Fi xed Wing UAS operating documents, and Colin J Romberger proposed operating limitations, ensure that Colin J Romberger will safely operate the battery powered DJI Phantom 2 and 3DR Aero

- M Fixed Wing
UAS UAs during daylight hours in visual meteorological con ditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5
minutes.

5. Extent Of Rel ief Colin J Romberger Seeks And The Reason Colin J Romberger Seeks Relief From Sections 91.405(a), 91.407(a) (1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only

apply to aircraft with an airworthiness certificate, Colin J Romberger requests relief from these
Sections because the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 and 3DR A ero

- M Fixed Wing UASs meet the conditions of FMRA Section 333 for ope ration without an
airworthiness certificate. Accordingly, Colin J Romberger will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using t he met hods, techniques, and practices prescribed in the UAS operating documents (i.e., the Colin J Romberger Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS Instruction Manual). Furthermore, Colin J Rombe rger will document and maintain all maintenance records for
the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs.

D. The Reasons Why Granting Colin J Romberger Request Would Be In The Public

Interest; That Is, How It Would Benefit The Public As A Whole.

Gr anting the present Petition will further the public interest by allowing Colin J Romberger to safely, efficiently, and economically perform aerial mapping, video and photography of agricultural lands, woodlands, wetlands and structures over certa in areas o f the
United States. Additionally, use of the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs will
decrease congestion of the NAS, reduce pollution, and provide significant benefits to the

economy. Notably, the benefits of Colin J Romberger ’s proposed operat ion of the DJI Phantom 2
and 3DR Aero

- M Fixed Wing UASs will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.
The DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS UAs are battery powered a nd serve 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 Phanto m 2 or 3DR Aero

- M Fixed Wing
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 aircra ft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The DJI
Phantom 2 and 3DR Aero

- M Fixed Wing UAS UAs do not require an airpor t to takeoff or land. Likewise, a reduction of manned aircraft conduc ting aerial video and photo graphy missions
would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 and
3DR Aero

- M Fixed Wing UASs. Conducting aerial acquisitions with the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs, instead of manned aircraft, will greatly benefit the public by drastically reduc ing the
levels of air an d noise pollution generated during traditional aerial vid eo and still photography flight operations. By using battery power and electric motors, th e DJI Phantom 2 and 3DR Aero

M Fixed Wing UASs produce no air pollution, and is the most v iable environmental ly conscious alternative to the cabin class, six cylinder internal combustion eng ine aircraft that are typically utilized for aerial video and photography, while burning approxim ately 20

- 30 gallons per hour of
leaded aviation fuel. The DJI Phantom 2 and 3 DR Aero

- M Fixed Wing UAS UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise poll ution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs 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 complet ely eliminated. Aside from the lack of flight c rew members located onboard the aircraft, the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS UAs (wei ghing approximately 2 pounds 11 ounces and 7 pounds 14 ounces respectively, at their maximum gro ss weights wit h lengths of 16 inches and 51 inches respectively, widths of 16 inches and 74 inches respectively,
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 airc raft that typic ally conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approx imately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).3. Performing Aerial Video and Photography Operations With The DJI Ph antom 2 and

3DR Aero

- M Fixed Wing UASs Will Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs are also an economical alternative to using manned aircraft to conduct similar ae rial operations. A s such, operation of the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs will
allow United States based companies, like Colin J Romberger , to remai n competitive and
contribute to growth of the U.S. economy. Specifically, by providing advanced imaging and
thre e dimensional mapping capabilities, Colin J Romberger’s UAS operations will be able to give farmers, foresters, and conservationists
, valuable insight into the health and wellbeing of their properties, crops, and wildlife. In addition, with the risin g cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions pha sing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alt ernative technology in order to remain competitive. Operating the battery powere d DJI Phantom 2 and 3DR Aero

- M Fixed Wing 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 aircra ft. By operating the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs, companies such as Colin J Romberger , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to gr owth of the U.S. economy. Improved financial performance of U.S. companies , through commercial use of the
DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax rev enues; and allows companies to invest in research and development in order to remain competitiv e both in the United States and
abroad.

4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight operations that have been conduct ed for decades, Colin J Romberger ’s proposed operation of the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs will not implicate any privacy issues. Specifically, the DJI Phan tom 2 and 3DR
Aero

- M Fixed Wing UASs will be operated only in compliance with operat ing docu ments (i.e.,the Colin J Romberger Aerial Operations Manual, Monthly Maintenance Log, an d DJI Phantom

2 and 3DR Aero

- M Fixed Wing UAS Instruction Manual) which requires property owner
i nvolvement as well as local law enforcement notification, and i n accordance with the Federal
Avia tion Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or
How The Exemption Would Provide A Level Of Safety At L east Equal To That Provided

By The Rule From Which Colin J Romberger Seeks Exemption.

1. Reasons Why The DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS UAs Meet The
Conditions Of The FAA Modernization and Re f orm Act of 2012 (FMRA) Section 333.
In consider ation of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Colin J Romberger ’s operat ion of the DJI Phantom 2 Vision
+ and 3DR Aero

- M Fixed Wing UASs meet the conditions of FMRA Secti on 333, and wi ll 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 with out airworthiness certification and sets forth requirements for considering whether a UAS will create a h azard 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) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days a

fter 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 rule making required by section 332 of
this Ac t or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

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

-- (1) which types of unmanned aircraft systems, if any, a s 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 publ ic 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 det ermines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such a ircraft systems in the national airspace system.

In seeking this exemption, Colin J Romberger submits that the DJI Phantom 2 and 3DR
Aero

- M Fixed Wing UASs can operate safely in the NAS p ursuant to FMRA Section 333, as demonstrated by: (a) the character istics of the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Spec ifications Of The DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS UASs
Demonstrate Its Safe Characte ristics.
The DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs do not create a hazard to users
of the NAS or the public, or otherwise pose a threat to national securit y considering its size, weight, speed, and operational capability. i. Technical Specificati ons o f The DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS
UASs. The technical specifications of the DJI Phantom 2 and 3DR Aero

- M Fixed Wing

UASs are set forth by the DJI Ph antom 2 and 3DR Aero

- M Fixed Wing UAS Specifications and Data Sheet, attached hereto as Exhibit A and B.
ii. The DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational
Area.
The DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs may be operated in both

manua l and fully autonomous flight modes. A complete description of the f light and navigational modes of the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs is pro vided at pages 25

- 35 of the DJI Phantom 2 and page 27 of the 3DR
Aero

- M Fixed Wing UAS User Manuals , attached hereto as Exhibit C and D.iii. The DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs Are 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 Phantom 2 and 3DR Aero

- M Fixed Wing
UASs will remain in flight, for 3 seconds or more. If, after 3 sec onds, the DJI
Phantom 2 and 3DR Aero

- M Fixed Wing UAS UAs do not reacquire control link
data from th e GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home pos ition (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe
Functions of th e DJI Phantom 2 UAS and 3DR Aero

- M Fixed Wing UAS are set forth in the DJ I Phantom 2 and 3DR Aero

- M Fixed Wing UAS User Manuals,
attached hereto as Exhibit C and D.
iv. The DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 2
and 3D R Aero

- M Fixed Wing UAS GCS and flight control software is pr ovided
in the DJI Phantom 2 User Ma nual and the 3DR Aero

- M Fixed Wing UAS User
Manual. DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS User Manuals are
attached hereto as Exhibits C and D. b. Fligh t Operations Of DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer. Colin J Romberger will only utilize certificated pilots who possess a current and valid
Airman medica l certificate to act as a pilot in com mand (PIC) of the DJI Phantom 2 and
3DR Aero

- M Fixed Wing UAS UASs. Additionally, a safety observer will assist all pilots during flight time. c. Flights Of DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs Will Be Conduc ted Pursuant To Specific Operating Limitations. In seeking this exemption, Colin J Romberger proposes to commercially operate DJI
Phantom 2 and 3DR Aero

- M Fixed Wing UASs for the special purpose of conducting
aerial video and photography over certain are as 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 2 and
3DR Aero

- M Fixed Wing UAS Unmanned Aircraft Systems. Proposed operations of any other aircr aft 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 UAS must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in t he operating
documents unless a special request is made and approved by ATC. All
altit udes reported to ATC must be in feet AGL. 5. The UAS 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 u naided 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 text ing 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 PIC must ensure that the SO can perform the functions prescribed in the operating doc uments. 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 docu ments and the grant of exemption must be accessible during
UAS operations and made available to the Administrator upon request. If adiscrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined i n the operating documents,
the conditions and limitations contained in the grant of exemption take precedence a nd must be followed. Otherwise, the operator 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 updat ed and revised documents to the Administrator upon request. The operator must also present updated and revis ed documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for
amendment to it s grant of exemption. The FAA’s UAS Integration Offi ce (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect th e UAS to ensure that it is in a
condition for safe flight. If the inspection reveals a conditi on that affects the safe operation of the UAS, the aircraft is prohibited from operating unti l 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 prefli ght inspection. All maintenance and alterations must be properly
documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight c ritical

c omponent, must undergo a functional test flight. The PIC who conducts the
func tional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not 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 m ust carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component pa rts must be noted in the aircraft records, includi ng total time in service,
de scription of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized pers on must make an entr y in the aircraft record of the
corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current
third

- class medical certificate.
18. The operator may not permit any PIC to operate unless the PIC 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, including evasive and emergency maneuvers and maintai ning appropriate distances from persons, vessels, vehicles and structures. PIC

qua lification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b) . Flights for the purposes of training the operator ’s PICs are permitted under the t erms of the exemption. However, training operations may only be conducted during dedi cated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations ar e considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. §
91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §
1.1. All operations must b e 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 vis ual flight rules (SVFR) are not authorized.20. Th e 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, an d the operation is
conducted in accordance with a NOTAM as required by th e 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 cl oud or when visibility is less than 3 statute miles from
the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a

pre

- determined location within the planned operating area and land or be
recovered in accordance with the op erating documents. 23. The PIC must abort the flight in the ev ent of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and
forecast weather condit ions) there is enough power to fly at normal cruising speed to the intended landing point and land the UAS with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued
Certificate of Waiver or Authorization (COA ) prior to conducting any operations under the grant of exemption. This COA will also require the operato r to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 h ours prior to the operation. All operations shall
be c onducted in accord ance with airspace requirements in the ATO issued COA including class of airspac e, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by
serial number, re gistered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. pa rt 45, Subpart C. Markings must be as large as practicable.27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal 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 th e Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UAS must remain clear and yield the right of way to all manned aviation

o perations and activities at all times. 30. The UAS may not be operated by 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 PIC, SO, operator tr ainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are pr esent that sufficiently protect nonparticipating persons from the UA and/or debris in the even t of an accident. The operator must ensure that nonparti cipating persons

rem ain under such protection. If a situation arises where nonparticipating person s 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 PIC has made a safety assessment of the ri sk of operating closer to those objects and determined that it does not present an undue hazard, an d; 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). 32. All operations shall be conducted over private or controlled

- access property with permission from the la nd owner/controller or author ized representative.
Permission from land owner/controller or authorized represent ative will be
obtained for each flight to be conducted.33. Any incident, accident, or flight operation that transgresses the lateral or
vertica l boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

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

.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety. Colin J Romberger 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
2 and 3DR Aero

- M Fixed Wing UASs unless that PIC has d emonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to s afely operate the DJI Phanto m 2

or 3DR Aero

- M Fixed Wing UAS in a manner consistent with the e xemption, including evasive
and emergency maneuvers and maintaining appropriate distances fro m people, vessels, vehicles
and structures. Considering Colin J Romberger ’s proposed area of o perations, and the operating
limitations set forth

- above; the parallel nature of priva te pilot aeronautical knowledge requirements to those of commercial pilot requirements (Se e Exemption No. 11062); and the airmanship skills necessary to safely operate th e DJI Phantom 2 or 3DR Aero

- M Fixed Wing
UAS , Colin J Romberger submits that the additional manned airmansh ip experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Colin J Romberger ’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 herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 1 1109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Colin J Romberger will not allow any PIC to operate the DJI Phantom 2 or 3DR Aero

- M Fixed Wing UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requir ements or the DJI Phantom 2 or 3DR Aero

- M Fixed Wing UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 o r 3DR Aero

- M FixedWing UAS in a manner consistent with this exemption, including evasive and emer gency

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 hours of tota l time as a UAS rotorcraft pilot and/ or UAS fixed wing pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model

o f UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs 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 ensur e an equivalent level of safety during Colin J Rombe rger ’s proposed operations. The Ad ministrator has held that prior documented flight experience that was obtained in compliance wi th applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that pri or 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 hou rs 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 e xemption. For clarification, the FAA considers these minimum hour requirements to be inclu sive rather than additive; i.e. 5 hours make and model time may be
included in the 10 ho urs of multi

- rotor time and the 10 hours may be included in the total 25
hours of UAS roto rcraft time. In addition to the hour requirements, the PIC must accomplish 3
takeoffs a nd landings in the preceding 90 days (for currency purposes). The FAA finds tha t at a minimum, the flight

- hour requirements in Exemption No. 11062 are approp riate to pr actice and build proficiency in the skills necessary to safely conduct the petitioner’s pr oposed operations.
The FAA also finds that prior documented flight experience that was obtained in compliance
with applicable regulations would satisfy thi s requirem ent. Training, proficiency, and experience

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

- building flights the PIC is required to operate th e UA with appr opriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15.Accordingly, Colin J Romberger will ensure safe operat ions by not allowing any PIC to

operate the DJI Phantom 2 or 3DR Aero

- M Fixed Wing UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or 3DR Aero

- M Fixed Wing UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and mai ntaining appropriate distances from people, ves sels, 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) will be m aintained because prior to every flight, Colin J Romberger will ensure that the DJI Phantom 2 or 3DR Aero

- M Fixed Wing UAS is in an airworthy condition based upon the UAS’ s compliance with its operating documents and as stated in the conditions and limitat ions herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presen ted herein (e.g. Exemption
Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 111 09, 1111 0, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requi rements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.121 will b e maintained because
the altitude information of the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which
downlinks from the UA to the GCS for active monitor ing of the flight path and altitude. This
altitude information, combined with Colin J Romberger ’s operation of the DJI Phantom 2 and
3DR Aero

- M Fixed Wing UAS within visual line of sight, at or below 500 feet AGL, will ensure
a level of safety equivalent to Section 91.121. The altitude infor mation will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a ze ro altitude initiation point is automatically established by the UASs at ground level. The FAA has previously granted relief from Sec tion 91.121 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, 1 1159, 11160, 11161).

5. Reasons Why An Exemption From The Requirem ents 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 technical specifications of the DJI Phantom 2 and
3DR Aero

- M Fixed Wing UASs; (2) the limitations on the proposed flight operations; and (3)
the location of the proposed flight operations. Accordingly, Colin J Romberger will ensure that it
will safely operate the battery powered DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS UAs during daylight hours in VFR conditions, with enough battery power to f ly for a total duration of
13.5

- 35 minutes to the first point of intended landing and, assuming norm al cruising spe ed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical spec ifications of the DJI Phantom 2 and
3DR Aero

- M Fixed Wing UASs; the limitations on the prop osed flight operations; and the location of the p roposed operations, will ensure an equivalent le vel of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 and 3DR
Aero

- M Fixed Wing UASs provide audible and visual warnings to the PIC at the GCS when the
UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining batte ry power. At the critically low battery level, the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS s will descend

an d 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. R elief 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. Moreover, the FAA has previously granted relief from Sec tion 91.151 specific to UAS, in circumstan ces similar, in all material respects, to those presen ted herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 110 66, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).6. Rea sons 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, Colin J Romberger submits that the equivalent level of safety
with r egard 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 Colin J Romberger will use trained technicians to perform maintenance, alterati ons, or preven tive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Colin J Romberger Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and 3DR Aero

- M Fixed Wing UAS In struction Manual). Furthermore, Colin J Romberger will document and maintain all maintenance records for the DJI
Phantom 2 and 3DR Aero

- M Fixed Wing UASs.
Since the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs will be inspected as prescribed by the oper ating documents, Colin J Romberger will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Likewise, the exemption sought will not adversely affect safety because Colin J Romberger will use trained t echnicians to perform mainten ance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety establish ed by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the
DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs will be performed by trained technicians.
Maintenance will be documen ted and maintained utilizing a monthly maintenance log. Signi ficantly, 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) establi sh that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.
In consideration of Colin J Romberger ’s proposed opera ting limitations, the operating documents, and the technical aspects of the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs, Colin J Romberger submits that safety will not be adversely a ffected 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 circums tances 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, 11157, 11158, 11159,

11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.
In accordance with Se ction 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Colin J Romberger requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 and
3DR Aero

- M Fixed W ing UASs, which contain such safety standards that the Admin istrator 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 permi t 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 S ection 333 sets forth

t he requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate 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 2 and 3DR Aero

- M Fixed Wing UASs, 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 th e following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft , aircraft engine, or propeller because of a novel or unusual design feature of the aircraft , aircr aft engine or propeller, he prescribes special conditions and amendments there to 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 propelle r as the FAA finds necessary to establish a level of safety equivalent to that e stablished in the regulations. See 14 C.F.R. § 21.16.Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, th e FAA may

prescribe special conditions intended oper ation of the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs, 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).

A Summary That Can Be Published In The Federal Register, stating: The Rules
From Which Colin J Romberger Seeks Exemption: Colin J Romberger se eks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Colin J Romberger Seeks:
This exemption will permit Colin J Romberger to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting ae rial mapping, video and photography

over certain areas of the United States.

Any Additional Information, Views, Or Argumen t s Available To Support Colin J. Romberger

. 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 su ch, Colin J Romberger ’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering wh ether 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 authority for such UAS to operate without airworthiness certification. As discussed in detail above, Colin J Romberger will operate the DJI Phantom 2 an d 3DR Aero

M Fixed Wing UASs safely in the NAS, without creating a haz ard to users of the NAS, or the public, or otherwise pose a threat to national security.CONCLUSION

As set forth herein, Colin J Romberger seeks an exemption pursuant to 14 C.F.R. § 1 1.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit
safe operation of the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs commer cially, without

an airworthiness certificate, for the limited purpose of conducting aeri al 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 publi c, by allowing Colin J Romberger to safely, efficiently, and economically operate the DJI Phantom 2 and 3DR Aero

- M Fixed Wing UASs commercially
within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA
Modernization and Reform Act of 2012, Section 333, Colin J Romberger 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 Leading Edge to operate the DJI Phantom 2 and
3DR Aero

- M Fixed Wing UAS UASs commercially for the purpose of conducti ng aerial video and photography over certain areas of the United States.

Dated: September 11 , 201 5 Respectfully submitted, Colin J Romberger

_________________________ Colin J Romberger

Colin J Romberger
233 Pleasant Hill Dr Lititz, Pennsylvania 17543
717

- 575

- 3474 Email: cromberg821@gmail.comAppendices:

A

– DJI Phantom 2 Specif ications Data Sheet
B

– 3DR Aero

- M Fixed Wing UAS Specifications Data Sheet
C

– DJI Phantom 2 Users Manual
D

– 3DR Aero

- M Fixed Wing UAS Users ManualAPPENDIX

– A

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS

General Features  Ready to Fly, Multifunctional Quad

- rotor System

 Customized H3

- 2D and H3

- 3D Gimbal Support

 Precision Flight and Stable Hovering

 25min Flight Time & Smart Battery

 Auto Return

- to

- Home & Landing

 Advanced Power Management

 Intelligent Orientation Control (IOC)

 Easy Ba ttery Replacement

 Self

- tightening Propeller

 Video Downlink Support

 CAN

- Bus Expansion Module

Aircraft Weight (Battery & Propellers Included) 1000g Hover Accuracy (Ready To Fly) Vertical: 0.8m;
Horizontal: 2.5m Max Yaw Angular Velocity
200°/s Max Tilt Angle
35° Max Ascent / Descent Speed Ascent: 6m/s; Descent: 2m/s Max Flight Speed 15m/s(Not Recommended) Diagonal Length
350mm Flight Time
25minsTake

- Off Weight ≤1300g Operating Temperature

- 10°C ~ 50°C Supported Battery DJI Smart Battery

DJI Smart Battery Ty pe 3S LiPo Capacity 5200mAh, 11.1V Charging Environment Range
0 °C to 40 °C Discharging Environment Range

- 20 °C to 50 °C

2.4GHz Remote Control Operating Frequency
2.4GHz ISM Communication Distance (Open Area)
1000m Receiver Sensitivity (1%PER)

- 97dBm Working Cur rent/Voltage
120 mA@3.7V
Built

- In LiPo Battery Working Current/Capacity 3.7V, 2000mAhAPPENDIX

– B

3DR Aero

- M Specifications

Autopilot: 3DR Pixhawk V2.4.5
Firmware: ArduPlane 3.1.1
GPS: 3DR u

- blox GPS with Compass (LEA

- 6H module, 5 Hz update)
Teleme try radio: 3DR Radio v2 (915 mHz or 433 mHz) Motors: Tiger Motor AT2820

- 7 830 kV Frame: Fixed wing Propellers: Gemfan 11x7 Battery: 4S 6000 mAh 35C lithium polymer Aircraft weight (with battery): 6.8 lbs (3 kg) Aircraft dimensions: 74 in (188 cm) wingspan, 51 in (129 cm) length Case dimensions: 60.75 in x 14.5 in x 15.5 in (154 cm x 37 cm x 39 cm) Payload capacity: 1.1 lbs (500 g) Radio range: .6 miles* (1 km) Flight time: 40 min* Maximum operational wind speed: 25 mph (11 m/s) Landing accuracy: 6.5 ft lati tude x 131 ft longitude (2 m x 40 m) Recommended flight speed: 33 mph (15 m/s) Camera: Canon SX260 12.1 megapixel
Camera software: 3DR EAI 1.0 Area coverage (si ngle flight): 250 acres* (1 km2 ) Orthomosaic accuracy: 3

- 16 ft (1

- 5 m) Ground sampling distance: 2 inches per pixel* (5 cm per pixel) Image processing software: Pix4Dmapper LT 3DR Edition (Windows only)

*Figures reflect estimated values at ideal operating conditions. Environmental conditions can affect flight time, range, area coverage, and ground s ampling distance.APPENDIX C

DJI Phantom 2 Users Manual: http://download.dji

innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf

APPENDIX D
3DR Aero

- M Fixed Wing UAS Users Manual: http://3droboti cs.com/wp

- content/uploads/2015/04/AeroM

- Operation

- Manual

- v3.pdf