1 **SUMMARY** Paradise Coast TV 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 Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Paradise Coast TV to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photograph y for tourism, environmental research, real estate photograph y, and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** Paradise Coast TV provides its c lients with the high qualit y digital content for use in their commercial, personal, and non

- prof it multimedia projects. Paradise Coast TV has recreational/hobb y experience in all aspects of aerial video and photography. The objective of Paradise Coast TV aerial video and photography operations is to provide high quality imaging for a variet y of comme rcial, public, and residential uses, specifically targeting

 Real Estate Videograph y and Photograph y
 Environmental and Eco

- Tourism promotion and development
 Nature photograph y
 In crease public knowledge of UAS and promote safe UAS operations
**BACKGROUND** Unm anned Aircraft Sy stems: DJIPhantom 2 UASs Paradise Coast TV seeks an exemption to operate DJIs ys tems for compensation or hire within the NAS. The DJ I Phantom 2 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smartphone sy stems. The DJ I Phantom 2 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 1 7.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJ I Phantom 2 UA is equipped with four main rotors; driven by L ithium Poly

mer battery powered electric motors. The DJ I Phantom 2 UA that will be operated b y Paradise Coast TV will be registered in accordance with 49 U.S.C. 44103, Registration ofAircraft , 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** Petition er, Paradise Coast TV , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the2

Admini strator to commer cially operate the DJ I Phantom 2 UAS in the National Airspace Sy stem (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 operating area associated with the unmanned aircraft and its operation, Paradise Coast TV operation of DJ I Phantom 2 UAS 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. Accordingl y, Paradise Coast TV 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 f or maintenance that onl y apply to aircraft with an airworthiness certificate. Paradise Coast TV submits that the requested relief is proper since an equivalent level of safety will be ensured. Paradise Coast TV will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Paradise Coast TV to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certifi cate, and who has demonstrate d, that the PI C is able to safel y operate the DJIPhantom 2 UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Paradise Coast TV see ks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 2 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Paradise Coast TV will ensure that the DJIPhantom 2 UAS is in airworthy condition, prior to every

flight, by determining that the UAS is in compliance with the operating documents and that the aircraft is in a condition for safe flight. Paradise Coast TV also seeks an exemption from the requirements of S ection 91.121, entitled Altimeter Settings , as the DJIPhantom 2 UA will not have a t ypical barometric altimeter onboard. However, altitude information of the DJ I Phantom 2 UA will be provided to the PI C via GPS equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Paradise Coast TV operation of the DJ I Phantom 2 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally , Paradise Coast TV seeks an exemption from the requirements of Section 91.151(b) entitled Fuel requirements for flight in VFR conditions

. Paradise Coast TV submits that sa fet y will not be affected b y operation of DJ I Phantom 2 UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 16 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4 minutes.3

In accordance with 14 C.F.R. § 11.81, Paradise Coast TV provides the following information in support of its petition for exemption:
**A. Name and Address O f The Petitioner.**  The name and address of the Petitioner and point of contact is: Paradise Coast TV 26822 McLaughlin Blvd. Bonita Springs, FL 34134 239

- 676

- 5722 Cecily @paradisecoast.tv **B. The Specific Sections Of 14 C.F.R. from Which Paradise Coast TV**  **Seeks Exemption.**
**1. Paradise Coast TV**  **Seeks Exemption From The Requirements Of Section 61.113(a) And (b).**  Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant p art: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passenge rs or propert y for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. (b) A private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any business or employ

ment if

— (1) The flight is only

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

for compensation or hire.
**2. Paradise Coast TV**  **Seeks Exemption From The Requirements Of Section 91.7(a).** Section 91.7, entitled civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworth y condition.

**3. Paradise Coast TV**  **Seeks Exemption From The Requirements Of Section 91.121.** Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the c ruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

--4 (1) Below 18,000 feet MSL , to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped wi th a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.
**4. Paradise Coast TV**  **Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
**5. Paradise Coast TV**  **Seeks Exemption From The Requirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

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

**6. Paradise Coast TV**  **Seeks Exemption From The Requirements Of Section 91.407(a) (1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service b y a person authorized under §43.7 of this chapter [.]5

**7. Paradise Coast TV**  **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 unles s, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.
**8. Paradise Coast TV**  **Seeks Exemption from the Requirements of Sections 91.417(a) and 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventiv e 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 appliance of an aircraft. The reco rds 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.6 (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 inspectio n required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safet y directives including, for each, the method of compliance, the AD or safet y direc tive 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 b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeat ed or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

**C. The Extent Of Relief Paradise Coast TV**  **Seeks And The Reason Paradise Coast TV**  **Seeks The Relief.** 
**1. Extent Of Relief Paradise Coast TV**  **Seeks and the Reason Paradise Coast TV**  **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 t o 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 operatio ns for compensation or hire. This relief is requested since the7

limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with an y business or employ ment 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 full y below, Paradise Coast TV submits that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJ I Phantom 2 UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate either the DJ I Phantom 2 UAS in a manner consistent with the operati ons specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Paradise Coast TV submits that all flights of the DJ I Phanto m 2 UASs, conducted b y the PIC pursuant to the grant of this Petition: (1) will be incidental to Paradise Coast TV business; and (2) will not carry passengers or property

for compensation or hire.
**2. Extent Of Relief Paradise Coast TV**  **Seeks And The Reason Paradise Coast TV**  **Seeks Relief From Section 91.7(a)**  Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Paradise Coast TV to determine that the DJ I Phantom 2 UASs are in airworth y condition prior to every flight b y ensuring that the UAS is in compliance with the operating documents. Paradise Coast TV seeks the requested relief because the DJ I Phantom 2 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Paradise Coast TV will ensure that the DJIPhantom 2 UAS is in airworthy condition based upon its compliance with the operating documents prior t o every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.
**3. Extent Of Relief Paradise Coast TV**  **Seeks And The Reason Paradise Coast TV**  **Seeks Relief From Section 91.121** 
Re lief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJ I Phantom 2 UAS, which utilizes a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude info rmation from the UA to the PI C at the ground control station (GCS). Since the FAA requires that an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL),8

Paradise Coast TV seeks the reque sted relief because the DJ I Phantom 2 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since DJIPhantom 2 UA is equipped with a barometric pressure sensor and GPS equipment, which automaticall y ensures that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display of the GCS.
**4. Extent Of Relief Paradise**  **Coast TV Seeks and the Reason**  **Paradise Coast TV Seeks Relief From**  **Section 91.151(b)** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJ I Phantom 2 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 16 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4 minutes. Paradise Coast TV seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 2 UAs will severely constrain the practicality

of any aerial video or still photo flight operations that Paradise Coast TV proposes to conduct pursuant to this Petition.

**5. Extent Of Relief Paradise Coast TV**  **Seeks And The Reason Paradise Coast TV**  **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) onl y apply to aircraft with an airworthiness certificate, Paradise Coast TV requests relief from these Sections because the DJ I Phantom 2 UAS do not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 2 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Paradise Coast TV will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents Furthermore, Paradise Coast TV will document and maintain all maintenance records for the DJ I Phantom 2 UASs. **D. The Reasons Why Granting Paradise Coast TV**  **Request Would Be In the Public Interest;**  **That Is, How It Would Benefit The Public As A Whole.**9

Granting the present Petition will further the public interest b y allowing Paradise Coast TV to safel y, efficientl y, and economically perform aerial video and photography to promote the local econom y’s main revenue generator

– tourism; for real estate, special events, and landscape over certain areas of the United States. Additionally , use of the DJ I Phantom 2 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably , the benefits of Paradise Coast TV proposed operation of the DJ I Phantom 2 UAS will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 2 UA are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By

reducin g the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJIPhantom 2 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and 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 departing aircraft will be reduced. The DJ I Phantom 2 UA does not require an airport to take off or land. L ikewise, a reduction of manned aircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight o perations. **2. The Public Will Benefit from the Safety and Efficiency Of The DJI Phantom 2**  **UAS.** Conducting aerial acquisitions with the DJIPhantom 2 UAS, instead of manned aircraft, will greatly

benefit the public by

drasticall y reducing the levels of ai r and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery power and electric motors, DJ I Phantom 2 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 photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 2 UA, while reducing the carbon foo tprint 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 DJ I Phantom 2 UAS to perform aerial acquisitions, the substantial risk to life an d propert y in the air and on the ground, which is usually

associated with traditional manned aircraft flight operations, will be substantially

reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 2 UA (weighing 6 pounds 7.5 ounces respectivel y, at maximum gross weight with length of 17.3 inches respectively, width of 17.7 inches respectivel y, and with no fuel on board), has less physical potential for collateral damage to life and property on the gr ound, and in the air, compared to the manned aircraft that typi cally conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operations With The** 10

**DJI Phantom 2 UASs Will Benefit the**  **Economy.** The main driver of Southwest Florida’s econom y i s tourism. Paradise Coast TV works closely with local public and private sector businesses in promoting our tourism assets. This often requires fly

- over images of the Everglades, waterway s, beaches, events and event locales, sporting event venues and playing fields, recreation facilities, golf courses, and so forth. Partners include local government organizations, including Convention and Visitor Bureaus, Parks and Recreation Departments, Museums, Botanical Gardens, and oth er non - profit establishments which cannot afford to engage planes or helicopters to obtain the visuals they

need to promote tourism opportunities to visitors and residents. In addition to being safe and efficient, the DJ I Phantom 2 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of DJ I Phantom 2 UAS will allow United States base d companies, like Paradise Coast TV , to remain competitive and contribute to growth of the U.S. economy

. Specificall y, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companie s must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJ I Phantom 2 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 DJ I Phantom 2 UAS, companies such as Paradise Coast TV , can remain competitive and profitable, and therefore, provide greater job stability to employees and c ontractors, which will ultimately contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the DJ I Phantom 2 UAS, provides a stable workforce that increases consumer 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 operations that have been conducted for decades, Paradise Coast TV proposed operation of the DJ I Phantom 2 UASs will not implicate any

privacy issues. Specificall y, the DJ I Phantom 2 UASs will be operated onl y in compliance with operating documents which requires property owner involvement and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. Inaddition, PCTV will vigorously adhere to the State of Florida’s Priv acy Statutes regarding drone us age. **E. T he 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**  **Pa radise Coast TV**  **Seeks Exemption. 1. Reasons Why**  **DJI Phantom 2 UA Meet The Conditions Of The FAA**  **Modernization and Reform Act of 2012 (FMRA) Section 333.**11

In consideration of the size, weight, speed, and limited operating area associate with the unmanned aircraft and its operation, Paradise Coast TV operation of the DJ I Phantom 2 UAS meet 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 without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. In seeking this exemption, Paradise Coast TV submits that the DJIPhantom 2 UAS can operate safel y i n the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the DJ I Phantom 2 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The DJI Phantom 2**  **UAS Demonstrate Its Safe Characteristics.**  The DJ I Phantom 2 UAS do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. **i. Technical Specifications Of The DJI Phantom 2**  **UAS.** The technical specifications of the DJ I Phantom 2 UAS are set forth b y the DJIPhantom 2 user manual , attached hereto as Exhibit A.
**ii. The DJI Phantom 2**  **UAS Autonomous Flight And Navigation Modes Ena**  **ble The UAS To Remain Within A Defined Operational Area.**  The DJ I Phantom 2 UAS may be operated in both manual and full y autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 2 UAS is provided at pages 12

- 1 6 and 45

- 50 of the DJ I Phantom 2 User Manuals, attached hereto as Exhibit A

. **iii. The DJI Phantom 2**  **UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or**  **Navigation.** When the Control L ink is lost, the DJ I Phantom 2 UA will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the12 home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete descriptio n of the Failsafe Functions of the DJ I Phantom 2 at pages 13 through 15 of the DJ I Phantom 2 User Manuals, attached hereto as Exhibit A

. **iv. DJI Phantom 2**  **GCS And Its Operation.** A complete description of the operation and specifications of the DJ I Phanto m 2 GCS and flight control software is provided at pages 40 through 47 of the DJ I Phantom 2 User Manual. DJIPhantom 2 User Manuals are attached hereto as Exhibit A. **b. Flight Operations of DJI Phantom 2**  **UAS Are Limited to the Line Of Sight of**  **a PIC with A Safety Observer.**  Paradise Coast TV will only utilize experienced operators (5 hours with an instructor, 10 hours of supervised flight control) as a pilot in command (PIC) of the DJ I Phantom 2 UAS. Additionally , a safet y observer will assist all pilots during flight time. Safet y observers must have at least 10 hours of supervised Safety observation experience. **c. Flights of DJI Phantom 2**  **UASs Will Be Conducted Pursuant To Specific Operating Li**  **mitations.** In seeking this exemption, Paradise Coast TV proposes to commerciall y operate DJIPhantom 2 UAS for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 Unmanned Aircraft Sy stem . Proposed operations of an y other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograph y. 3. The UAS may

not be flown at an indicated airspeed exceeding 50 knots. 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 approv ed b y ATC. All altitudes reported to ATC must be in feet AGL.13 5. The UAs must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requ irement as long as the PI C alway s 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 PI C must be designated before the flight and canno t transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoidin g other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. There are a minimum of hazards in the aerial production areas, as the are in wide open spaces, such as beaches, everglades, sports fields, and from time to time low buildings normally not exceeding 4 stories. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, th e 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 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 th e exemption, 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. 10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and th e UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records.14 11. Any UAS that has undergone maintenance o r alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records.
12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable 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, al terations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must po ssess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operat e the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be l ogged 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 terms of the exemption. However, training operations may onl y be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. §91.119.
19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA15 office closest to pro posed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may

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

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may

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

from a cloud or when visibility is less than 3 statute miles from the PI C. 22. If the UA loses communications or loses its GPS signal, it must return to a prede termined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.
24 . The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25 . All aircra ft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

26 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available to the Administrator or any law enforce ment official upon request.
27 . The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times.
28 . The UAS may

not be operated b y the PIC from any moving device or vehicle.
29 . Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:16 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 fe et 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 PI C has made a safet y assessm ent of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, 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 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 incident, 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 . The FAA May Prescribe Any Other Conditions For Safe Operation.**  In accordance with Section 333 of the FAA Mo dernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Paradise Coast TV requests that the FAA prescribe special conditions for the intended operation of the DJIPhantom 2 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 §§ 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 UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements 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 DJ I Phantom 2 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel17

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 subchapt er do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto fo r the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safet y standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that establ ished 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 Paradise Coast TV intended operation of the DJ I Phantom 2 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91 .407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which**  **Pa radise Coast TV**  **Seeks Exemption:** Paradise Coast TV seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), and 91.417(a) & (b).
**A Brief Description of the Nature of the Exemption Paradise Coast TV**  **Seeks:** This exemption will permit Paradise Coast TV to commercially operate an Unmanned Aircraft System (UAS) for the pur pose of conducting aerial video and photography over certain areas of the United States. **G. Any Additional Information, Views, or Arguments Available To Support Paradise**  **Coast TV 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 determin e if certain UAS may operate safel y in the NAS. As such, Paradise Coast TV 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 consid ering 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, Para dise Coast TV will operate the DJ I Phantom 2 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y.18

**CONCLUSION** As set forth herein, Paradise Coast TV 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 DJ I Phantom 2 UAS commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photograph y 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 int erests of the public, by

allowing Paradise Coast TV to safel y, efficientl y, and economically operate the DJIPhantom 2 UASs commercially within the NAS.
**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Ac t of 2012, Section 333, Paradise Coast TV 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 Paradise Coast TV to operate the DJIPhantom 2 UAS commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States. Dated: 7/7 /15 Paradise Coast TV

_________________

________ Cecily L ancit Paradise Coast TV , Owner 26822 McLaughlin Blvd. Bonita Springs, FL 34134 239

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- 5722 Appendices:
A

- DJ I Phantom 2 Manufacturer’s User Manual DJIPhantom 2 Manual web address : http://download.dji

innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.2_en.pdf