### UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHI NGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTI ON OF:

**Peter W. Slomkowski**

**, c/o Aerial Camera View, LLC**

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TI TL E 14 OF THE CODE OF FEDERAL REGULATIONS 14 C.F.R §§ 61.23(a), 61.101(34) 61.113(a) & (b), 61.315 (a), 91.7(a), 91.119 (c), 91.119 (c), 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 DJ I PHANTOM 3VI SI ON+ AND DJI INSPI RE 1 UNMANNED AI RCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

**Submitted on August 31, 2015**

**Peter W. Slomkowski**

**, c/o Aerial Camera View, LLC**  **P.O. Box 1283 Manahawkin, NJ 08050**  **609**
**- 978** 
**- 1499** 2 of 17 

## Table	of	Contents

Glossary Of Abbreviations

................................ ................................ ................................ ..................... 3 Exhibit Reference Key

................................ ................................ ................................ ............................ 3 Summary

................................ ................................ ................................ ................................ ................. 4 Introduction And Interests Of The Petitioner

................................ ................................ ......................... 4 Background

................................ ................................ ................................ ................................ ............. 4 Basis For Petition

................................ ................................ ................................ ................................ .... 5 Name And Address Of The Petitioner

................................ ................................ ................................ .... 6 The Spe cific Sections Of 14 C.F.R. From Which Applicant Seeks Exemption

................................ ..... 6 The Extent Of Relief Applicant Seeks And The Reason Applicant Seeks The Relief

........................... 8 The Reasons Why

Granting Applicant Request Would Be In The Public Interest; That I s, How It Would Benefit The Public As A Whole.

................................ ................................ ....... 9 The Reasons Why

Granting The Exemption Wo uld Not Adversel y Affect Safet y, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By

The Rule From Which Applicant Seeks Exemption.

................................ ....................... 10 Conclusion

................................ ................................ ................................ ................................ ............ 173 of 17 

## G **lossary Of	Abbreviations** 
**Acronym Definition**  **Acronym Definition** 
**GL** Above Ground Level **NAS** National Airspace System **AOI** Area of Interest **NOTAM** Notice to Airman **AT C**  Air Traffic Control **PIC** Pilot In Command **ATO** Air Traf fic Organization **Section 333**  FAA Modernization and Reform Act of 2012 **AV** Aerial Vehicle **SO** Safety Observer **CFR** Code of Federal Regulations **SOP** Standard Operating Procedures **COA** Certificate of Authorization **UA** Unmanned Aircraft **FAA** Federal Aviati on Administration **UAS** Unmanned Aircraft System **FAR** Federal Aviation Regulation **VFR** Visual Flight Rules **GCS** Ground Control Station **VL OS**  Visual Line of Site **GPS** Global Positioning System **VM C**  Visual Meteorological Conditions **LOL** Loss of Link **VT OL**  Vertical Takeoff and Landing



## Exhibit **Reference	Key**

**Data Sheet Operation and Specifications**  DJI Phantom 2 Vision+ DJI Phantom 2 Vision+

**- Exhibit A** 
**- Exhibit D**  pages 32

- 43 , 48 DJI Phantom 3 DJI Phantom 3

**- Exhibit B** 
**- Exhibit E1**  (Professional mod el) pages 35

- 42 , 54 DJI Inspire 1

-**Exhibit E2** (Advanced model) pages 35

- 42 , 54

**- Exhibit C**  DJI Inspire 1

**- Exhibit F**  pages 40

- 47 , 57 **Flight and Navigational Modes** DJI Phantom 2 Vision+ **Maintenance LOG**

-**Exhibit D** pages 25

- 35

- **Exhibit G** DJI Phantom 3

**- Exhibit E1**  (Professional model) pages 11

- 14 and 40

- 45

**- Exhibit E2**  (Advanced model ) pages 11

- 14 and 40

- 45 DJI Inspire 1

**- Exhibit F**  pages 12

- 16 and 45

- 50 **Failsafe Functions** DJI Phantom 2 Vision+

**- Exhibit D**  pages 27

- 29 DJI Phantom 3

-**Exh ibit E1**  (Professional model) pages 12

- 14

-**Exhibit E2** (Advanced model) pages 12

- 14 DJI Inspire 1

- **Exhibit F** pages 13

- 15

**Find the Manufacture**  **s Referenced**  **links here: Exhibit**  **D**

**-** - - http://download.dji

- innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf **Exhibit E1** 

**-** - http://download.dji

- innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en.pdf **Exhibit E2** 

**- -**  http://download.dji

- innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.4_en.pdf **Exhibit F** 

**-** - - http://download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf **DropBox link for**  **all documents supplied**  **in the submissi**  **on of th**  **is Section 333 Exemption**  **:**

https://www.dropbox.com/sh/lldse4w6h9a7co3/AADl1G_sCZ8iUiJADJpczTQKa?dl=04 of 17 

## S **ummary**

Peter W. Slomkowski , c/o Aerial Camera View , LLC (Applicant) seeks exemption from the requirements of 14 C.F.R §§ 61.23(a) , 61.101(34) 61.113(a) & (b), 61.315 (a), 91.7(a), 91.119 (c), 91.119 (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a )(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and R eform Act of 2012 (FMRA). This exemption will permit Applicant to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography to be used in television commercials, weather, traffic, news reports, and sporting events over certain areas of the United States.


## I **ntroduction	And	Interests	Of	The	Petitioner**

My name is Peter W. Slomkowski, I am 56 years old male , with a BS Degree in Business Administration, MS Degree in Management Sy stems Analysis, and a Masters Certificate in IS/IT Project Management. Form ally employed by IBM Global Services a s a Strategic Business Planner and served on the Stafford School Board (2006

- 2009) , Vice

- President of the Stafford School Board (2008

- 2009) and currently the Vice

- Chairman of the Stafford Planning Board since 20 10. I have seen the need for quality and respectful aerial photographic imaging. I have over 20 years experience in engineering, information technology, communication and strategic planning. I see the need to use this new technology to improve the safety, the quality in presentation, and the need for improved photographical inspections and/or surveys. I w ish to provide high quality photographic imaging for a variety of commercial and public uses, specifically target ing:

 Accident Reconstruction

 Aerial Survey

 Commercial Aerial Photography

 Management of Construction Progress

 Site Health and Safety Plan inspections

 Ensure the implementation of Environmental Controls

 Inspections of Residential and Commercial Real Estate


## B **ackground**
Unmanned Aircraft Systems: DJI Phantom 2 Vision+, DJI Phantom 3, DJI Inspire 1 UASs Applicant seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 are verti cal takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision+ and DJI Phantom 3 both have a maximum gross wei ght 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 DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches , width of 17.7 inches, height of 11.8 inc hes, and a maximum speed of approximately 42 knots. The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1UAs are equipped with four main rotors; driven by Lithium Polymer battery pow ered electric motors. The DJI Phantom 2 Vision+, DJI Phantom 3 and D JI Inspire 1 UAs that will be operated by Applicant will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as w ell as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Reg istration Marking

.5 of 17 

## B **asis	For	Petition**
Petitioner, Applicant, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Moderni zation and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Ad ministrator to commercially operate the DJI Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1 UASs in the National Airspa ce Sy stem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.23(a), 61.101(e4) 61.113(a) & (b), 61.315 (a), 91.7(a), 91.119 (c), 91.119 (c), 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 airc raft and its operation, Applicant operation of DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airw orthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H

. Accordingly, Applicant requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Applicant subm its that the requested relief is proper since an equivalent level of safety will be ensured. Applicant will use experienc ed personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techni que s, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, Applicant will document and maintain all maintenance records for the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Applicant 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 Visi on+, DJI Phantom 3 and DJI Inspire 1 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Applicant seeks relief from Section 91.7(a ), entitled Civil aircraft airworthiness , because the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs do not require an airw orthiness certificate in accordance w ith 14 C.F.R. Part 21, Subpart H. As such, Applicant submits that he will ensure th at the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs are in an airw orthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight. Applicant also seeks an exemption from the requirements of Section 91.119 (c), entitled Minimum Safe Altitudes: General , as the DJI Phantom 2 Vi sion+, DJI Phantom 3 and DJI Inspire 1 UAs operate at low altitudes of 400 feet or less. Applicant also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 U As will not have a typical barometric altimeter onboard. How ever, altitude information of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs will be provided to the PIC via Global Positioning System (GPS ) equipment and radio communications tele metry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined w ith Applicant’s operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Insp ire 1 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Applicant seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . Applicant submits that s afety will not be affected by operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough ba ttery pow er to fly for a total duration of approximately 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. In accordance w ith 14 C.F.R. § 11.81, Applicant provides the following information in support of its pet ition for exemption:6 of 17 

## Name	And	Address	Of	T **he	Petitioner**
The name and address of the Petitioner and point of contact is: Peter W. Slomkowski , c/o Aerial Camera View , LLC P.O. Box 1283 Manaha wkin, NJ 08050 609

- 978

- 1499 Em ail: Peter@ADronesView.com



## The **Specific	Sections	Of	14	C.F.R.	From	Which Applicant**  **Seeks	Exemption**
**Applicant Seeks Exemption From The Requirements Of Section 61.23(a). Medical certificates: Requirement and duration.**  (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section. **Applicant Seeks Exemption From The Requirements Of Section 61.101(e4)**  **Recreational pilot privileges and limitations.** (e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft

— (iv) With retractable landing gear; **Applicant 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 follow ing, 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 passe ngers 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 aircraf

t does not carry passengers or property for compensation or hire. **Applicant Seeks Exemption From The Requirements Of Section 315 (a).**  61.315 What are the privileges and limits of my sport pilot certificate? (a) If you hold a sport pilot certificate you m ay act as pilot in command of a light

- sport aircraft, except as specified in paragraph (c) of this section. **Applicant 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 airw orthy condition. **Applicant Seeks Exemption From The Requirements Of Section 91.119 (c).**  Except when necessary for takeoff or landing, no person may operate an aircraft below t he following altitudes: **Applicant 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 cruising altit ude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

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

-- (i) The current reported altimeter setting of a station along the route and w ithin 100 nautical miles of the aircraft;7 of 17 (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 w ith a radio, the el evation of the departure airport or an appropriate altimeter setting available before departure. **Applicant 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 condition s) 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. **Applicant 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[.] **Applicant Seeks Exemption F rom** **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 maint enance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.] **Applicant 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 ca lendar mo nths, it has had

-- (1) An annual insp ection in accordance w ith part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance w ith part 21 of this chapte r. **Applicant 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 w ork performed in accordance w ith §§ 91.411 and 91.413, ea ch registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, roto r, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrat or) 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 follow ing information: (i) The tota l 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 airc raft 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 p rogram under which the aircraft and its appliances are maintai ned. (v) The current status of applicable airw orthiness directives (AD) and safety directives including, for each, the method of c om pliance, 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.8 of 17 (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently inst alled engines, rotors, propellers, and appliances. (b) The owner or operator shal l 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 o ther w ork or for 1 year after the work is performed. (2) The records s pecified in paragraph (a)(2) of this section shall be retained and transferred w ith the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered ow ner 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.


## The	Extent	O **f	Relief Applicant	Seeks	And	T**  **he	Reason Applicant	Seeks	T**  **he	Relief**
**Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 61.23(a).**  Medica l certificates: Requirement and duration. (a) Operations requiring a medical certificate. Except as provided in paragraphs ( b) and (c) of this section. The PIC will not be operating a aircraft which is capable of carrying passengers or the pilot. **Exten t Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From** **Section 61.101(e4).** 61.101 Recreational pilot privileges and limitations. **(e)** Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot i n command of an aircraft

— **(iv)** With retractable landing gear; as the DJI Inspire 1 has retractable landing gear which is integral to the operation of the camera. The landing gear lifts to allow 360 degree rotation of the camera without interference by th e landing gear. This operation is ultimately safer than rotating the entire DJI Inspire 1 do the simplification of the rotation process. **Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 61.113(a) And (b).**  Relief from Se ction 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow

a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical c ertificate, 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, f or 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 b usiness or em ployment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more fully below, Applicant submits that an equivalent level of safety will be maintained because no PIC will be al low ed to operate the DJI Phantom 2 Vision+, DJI Phantom 3 or DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and curr ency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2 Vision+, DJI Phantom 3 or DJI Ins pire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and eme rgency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Applicant submits that all flights of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Applicant's business; and (2) will not carry passengers or property for compensation or hire. **Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 91.7(a).**  Relief from Se ction 91.7(a) entitled Civil Aircraft Airworthiness , is requested to the extent required to allow A pplicant to determine that the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Applicant seeks the requested relief because the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs do not require an airw orthiness certificate in accordance w ith 14 C.F.R. Part 21, Subpart H. Therefore, Applicant will ensure that the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 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

. **Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 91.119 (c).**  Relief from Section 91.119 (c), entitled Minimum Safe Altitudes: General , as the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs operate at low altitudes of 400 feet or less.9 of 17 **Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter Sett ings , m ay be required to allow flight operations of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to dow nlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above groun d level (AGL), Applicant seeks the requested relief becau se the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 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 opera tions, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below . As m ore fully set forth herein, an equivalent level of safety wi ll be maintained since the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs are equipped w ith a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC w ith altitude information of the UA on the heads

- up display of the GCS. **Extent Of Relief Applicant Seeks And The Reason Applicant 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 pow ered DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first poi nt of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Applicant seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery pow ered DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight operations that Appl icant proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical speci fications of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 operating documents, and Applicant’s proposed operating limitation s, ensure that Applicant will safely operate the batt ery pow ered DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), w ith enough battery power to fly f or 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. **Extent Of Relief Applicant Seeks And The Reason Applicant 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 airworthine ss certificate, Applicant requests relief from these Sections because the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs do not require airw orthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI In spire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Applicant will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintena nce Log, and DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, Applicant will document and maintain all maintenance records for the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs. 

## The	Reasons	Why	Grantin **g Applicant**  **Request	Would	Be	In	The	Public	Interest;	That Is,	How	It	Would	Benefit	The	Public	As	A	Whole.** 
Granting the present Petition will further the public interest by allowing Applicant to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States. Additionally, use of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provi de significant benefits to the economy. Notably, the benefits of Applicant’s proposed operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs will be realized w ithout implicating any privacy issues. **The Public Will Benefit From Decrea sed Congestion Of The NAS.**  The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs are battery pow ered and serve as a safe, efficient, and econom ical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing th e amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+, DJI Phantom 3 or DJI Inspire 1 UAS w ou ld reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well a s increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving an d departing aircraft will be reduced. The DJI Phantom 2 V ision+, DJI Phantom 3 and DJI Inspire 1 UAs do not require an airport to10 of 17 takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions w ould result in fe wer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom** **3Vision+ and DJI Inspire 1 UASs.**  Conducting aerial acquisitions w ith the DJI Phantom 2 Vision +, DJI Phantom 3 and DJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional ae rial video and still photography flight operations. By using b attery power and electric motors, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft th at are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitio ns, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs to perform aerial acquisitions, the subst antial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, wi ll be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboar d the aircraft, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property on th e ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing a pproximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **Perform ing Aerial Video and Photography Operations With The DJI Phantom** **2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs Will Bene**  **fit The Econom y.**  In addition to being safe and efficient, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs are also an economic al alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phant om 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs will allow United States based companies, like Applicant, to remain competitive and contribute to grow th of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Prote ction Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative techno logy in order to remain competitive. Operating the battery pow ered DJI Phantom 2 Vision+, DJI Phantom 3 and DJ I Inspire 1 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, companies such as Applicant, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to grow th of the U.S. econo my. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, provides a stable w orkforce 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. **There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Applicant’s proposed operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notificati on, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

## The	Reasons	Why	Granting	The	Exemption	Would	Not	Adversely	Affect	Safety,	Or **How	The	Exemption	Would	Provide	A	Level	Of	Safety At	Least	Equal	To	That**  **Provided	By	The	Rule	From	Which Applicant**  **Seeks	Exemption.**

**Reasons Why The DJI Phantom** **2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs Me**  **et The Conditions Of The FAA Modernization and Reform** **Act of 2012 (FMRA) Section 333.** In consi deration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Applicant’s operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs meet the conditions of FMRA Section 333, and w ill not require an airw orthiness certificate in accordance w ith 14 C.F.R. Part 21, Subpart H.11 of 17 Section 333 provides authority for a UAS to operate w ithout airw orthiness certification and sets forth requirements for consi dering whether a UAS will create a h azard to users of the NAS or the public, or otherw ise 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 after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act o r 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, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airsp ace system or the public or pose a threat to national secu rity; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Applicant submits that the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characterist ics of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The DJI Phantom** **2 Vision+, DJI Phantom 3 and DJI Inspire 1**  **UASs Demonstra te Its Safe**  **Characteristics.** The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, w eight, speed, and operational capability. **i. Technical Specifications Of The DJI Phantom** **2 Vision+, DJI Phantom 3 and DJI Inspire 1**  **UASs.** The technical specifications of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs are set forth by the DJI Phantom 2 Vision+, DJI Phanto m 3 and DJI Inspire 1 Specifications and Data Sheet, attached hereto as Exhibits A, B and C. **ii. The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1**  **UASs Autonom ous Flight And Navigation Modes**  **Enable The UASs To Remain Within A Defined Operational Area.**  The DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs are provided on pages 25

- 35 of the DJI Phantom 2 Vision+ manual, on pages 11

- 14 and 40

- 45 of the DJI Phantom 3, and pages 12

- 16 and 45

- 50 of the DJI Inspire 1 User Manuals, attached hereto as Exhibits D, E and F. **iii. The DJI Phantom 2 Vision+, DJ**  **I Phantom 3 and DJI Inspire 1 UASs Are Designed For Autom**  **atic Return To Hom**  **e Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.** When the Control Link is lost, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs will remain s tationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the hom e position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJI Phantom 2 Vision+ UAS are set forth at pages 27

- 29, for the DJI Phantom 3 on pages 12

- 14, an d for the DJI Inspire 1 at pages 13

- 15 of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 User Manuals, attached hereto as Exhibits D, E and F. **iv. The DJI Phantom** **2 Vision+, DJI Phantom 3 and DJI Inspire 1 GCS And Its Operation.**  A complete des cription of the operation and specifications of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 GCS and flight control software is provided at pages 32

- 43 of the DJI Phantom 2 Vision+ User Manual, for the DJI Phantom 3 on pages 35

- 45, 54 and pag es 40

- 47, 57 of the DJI Inspire 1 User Manual. DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 User Manuals are attached hereto as Exhibits D, E and F. **b. Flight Operations Of DJI Phantom** **3Vision+ and DJI Inspire 1 UASs Are Limited To The Line Of S**  **ight Of A Certificated Pilot in Comm**  **and With A Safety Observer.** Applicant will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command12 of 17 (PIC) of the DJI Phantom 2 Vision+, DJI Phantom 3 and D JI Inspire 1 UASs. Additionally, a safety observer will assist all pilots during flight time. **c. Flights Of DJI Phantom** **3Vision+ and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, Applicant pro poses to commercially operate DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. O perations 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 Vision+, DJI Phantom 3 and DJI Inspire 1 Unmann ed Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAs may not be flown at an indicated airspeed exceeding 20 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 requ est is made and approved by ATC. All altitudes 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 unaided by any device other th an 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 alw ays maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated befor e 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 documents. 8. The SO must not perform any other duties beyond assisting the PIC w ith seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and mad e 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 follow ed. 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 revis ions 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 wo uld affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) m ay be contacted if questions arise regarding updates or revisio ns to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from ope rating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functiona l 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 accord ance w ith the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of w ork accom plished, and the signature of the authorized person returning the UAS to service.13 of 17

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 disc repancies discovered betw een 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 qualif ication 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 maintaining appropriate distances from persons, vessels, veh icles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. How ever, training operations may only

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 PIC must operate the UA with appropriate distance f

rom 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 FAA office closest to proposed 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 w ith a NOTAM as required by the operator’s COA. The letter of agreement with the airport manageme nt 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 w hen 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 operating documents. 23. The PIC must abort the flight in the event 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 conditions) there is enough pow er to fly at normal cruising speed to the intended landing point and land the UA with 25% battery pow er rem aining. 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 th e operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airsp ace, altitude level and potential transponder requirements. 26. All aircraft 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 ac cordance with 14 C.F.R. part 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 o ther appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made av ailable to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving d evice or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are w ithin 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permissi on and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;14 of 17

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 land owner/controller or authorized representative. Permission from land owner/controller or authorized repr esentative will be obtained for each flight to be conducted. 33. 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 Int egration Office (AFS

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

. **Reasons Why An Exe mption From** **Th e Require**  **ments Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.** Applicant submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC w ill be allow ed to operate the DJI Phantom 2 Vis ion+, DJI Phantom 3 and DJI Inspire 1 UASs unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAS in a manner consist ent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Applicant’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAS, Applicant submits that the additional manned airmanship experience of a commercially certificated pilot w ould not correlate to the airmanship skills necessary for Applicant’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, 11109, 11110, 11112 , 11136, 11138, 11150, 11153, 11156, 11158, 11 159, 11160, 11161). Applicant will not allow

any PIC to operate the DJI Phantom 3Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, b y meeting minimum flight

- hour requirements or the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total t im e as a UAS rotorcraft pilot (w ith a minimum of 5 hours of those hours as a U AS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 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 ensure an equivalent level of safety during Applicant’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance w ith applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or si mi lar o perations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemptio n No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and mode l of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to b e inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

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

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicab le regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be c onducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Applicant will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAS in a manner consistent with the exempti on, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehic les and structures.15 of 17 **Reasons Why An Exe mption From** **The Require ments Of Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent level of safety established by Section 91.7(a) w ill be maintained because prior to every flight, Applicant wil l ensure that the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations 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 presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112 , 11136, 11138, 11150, 11153, 11156, 11 157, 11158, 11159, 11160, 11161). **Reasons Why An Exe mption From** **The Require ments Of Section 91.119 (c) and91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established by Sections 91.119 (c) and 91.121 w ill be maintained because the altitude information of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 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 monitoring of the flight path and altitude. This altitude information, combined w ith Applicant’s operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 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 information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiati on point is automatically established by the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160 , 11161). **Reasons Why An Exe mption From** **The Require ments 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 o f (1) the technic al specifications of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Applicant will ensure that it will sa fely oper ate the battery pow ered DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cr uising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 U ASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision+, DJI Phantom 3 a nd DJI Inspire 1 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 battery power. At the critically low

battery level, the DJI Phantom 2 Visio n+, DJI Phantom 3 and DJI Inspire 1 UASs will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affect ed when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Secti on 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 1111 0, 11136, 11138, 11150, 11153, 11156, 11157 , 11158, 11159, 11160, 11161). **Reasons Why An Exe mption From** **The Require ments 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, Applicant submits that the equival ent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) w ill be m et because Applicant will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Applicant Aerial Operations Manual, Month ly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, Applicant will document and maintain all maintenance records for the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs. Since the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs wil l be inspected as prescribed by the operating documents, Applicant will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A c opy of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 User Manuals are attached hereto as Exhibits D, E and F; a copy of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit G. Likewise, the exemption sought will not adversely affect safety because Applicant wi ll use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and16 of 17 91.417(b), because all maintenance of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing th e m onthly m aintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected w hen the technical characteristics and operating limitations of the UAS are considered. In consideration of Applicant’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, Applicant submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously grant ed relief specific to UAS in circumstances similar, in all material re spects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **The FAA May Prescribe Any Other Conditions For Safe Operati on.**  In accordance w ith Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , Applicant requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Visio n+, DJI Phantom 3 and DJI Inspire 1 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 §§ 61.113(a) & (b), 91.7 (a), 9 1.121, 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 th e 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 otherw ise pose a threat to national security; and further, provides the authority for such UAS t o 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 operat ion of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 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 ai rcraft. Section 2 1.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standard s for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance w ith FMRA Section 333 and 14 C.F.R. § 21.16, the FAA ma y prescribe special conditions for the Applicant intended operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs, which contain such safety standards th at 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 61.113(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 Summary That Can Be Published In The Federal Register,**  **stating: The Rules From Which Applicant Seeks Exemption:**  Applicant 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 Na ture Of The Exe**  **mption Applicant Seeks:** This exemption will permit Applicant to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

 **Any Additional Inform ation, Views, Or Argum**  **ents Available To Support Applicant’s Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Applicant’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, a s set forth above. 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 otherw ise pose a threat to national security; and further, provides the authority for such UAS to operate without airworth iness certification. As discussed in detail above, Applicant will operate the DJI Phanto m 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherw ise pose a threat to national security.17 of 17 

## C **onclusion**
As set forth herein, Applicant seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UAS s commercially, without an airworthiness certificate, for the limit ed purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, w hile also advanci ng the interests of the public, by allowing Applicant to safely, efficiently, and economically operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs commercially within the NAS. WHEREFORE , in accordance w ith the Federal Aviation Regulati ons and the FAA Modernization and Reform Act of 2012, Section 333, Applicant requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Section s 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 the Applicant to operate the DJI Phantom 2 Vision+, DJI Phantom 3 and DJI Inspire 1 UASs commercially for the purpose of conducti ng aerial video and photography over certain areas of the United Stat es.

Respectfully submitted,

Peter W. Slomkowski , c/o Aerial Camera View , LLC P.O. Box 1283 Manaha wkin, NJ 08050 Peter@ADronesView.com

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