UASolutions Group, Inc. 2518 Auburn Drive, Cocoa FL 32926 Tel: (321) 261

- 2547
Kelly n eubecker@uasolutionsgroup.com
August 10, 2015
U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Re : Summary Grant Petition for an Exemption to Conduct Small Unmanned Aircraft Systems (s UAS ) Operations Allowed by Section 333 of the Federal Aviation Administration Modernization and Reform Act of 2012 , 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11

A. Summary
On behalf of our client
, Carson Geber and p ursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (“FMRA”) , Subs ec ti on ( f ) of 49 U

. S

. C

. § 44701
, and 14 C.F.R. Part 11
, Carson Gebe r ( hereafter known as the “Petitioner”)
, an operator of Small Unmanned Aircraft Systems (“sUAS”) equipped to conduct full service photography and videography s eeks exemption from the following listed Code of Federal Regulations (“CFR”) to allow commercial operation of the previously approved DJI Phantom Series and DJI Inspire within the N ational A irspace System ( NAS) for controlled, low

- risk
, aerial video and photography of Real Estate Properties (for homeowners, realtors, home builders, home contractors and / or home inspectors for real estate marketing and inspection of home exteriors) as well as filming of special events, film sets over certain areas of the United States, conducted
within and under the conditions outlined her ein, or as may be established by the FAA, as required by Section 333 requirements. As described more fully below, the requested exemption would permit the operation of
the DJI Phantom Series and DJI Inspire s UAS by Petitioner under controlled conditions in predetermined airspace that is 1) Limited in scope 2 ) Controlled as to access by mission2

essential personnel only

. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system” as stated within Section 333(c) of the FMRA. In making this determination, the Secretary is required to determine which types of s UAS do no t create a hazard to users of t h e NAS or the public or pose a threat to national se curity in light of the aircraft’s size, weight, speed and operational capability; Operation of the s UAS in close proximity to airports and population centers; Operation of a s UAS within visual line of sight of the operator.
Grant of t h e requested exemptio n is in the public interest based upon the concise direction expressed within section 333 of the reform act; the added authority granted by the Act, as amended; an equivalent level of safety regarding flight operations as expressed herein, and significant cost savings achieved by transitioning from traditional manned aerial resources to

s UAS s. The petitioner respectfully requests that the FAA grant the requested exemption without delay. Petitioner will operate the DJI Phantom Series and DJI Inspire sUAS while keeping the documents required by the regulations at the ground control station and immediately accessible
to the P ilot i n C ommand (PIC) and by modification of the required markings (registration

n umber) of the s UAS to be displayed on the fuselage of the unmanned aircraft.

The name and address of the Petitioner is:

Carson Geber
The primary contact for this petition, with a copy to me at the address above is :

Carson Geber 3856 La Flor Drive Rockledge , FL 32955

B. Regulations

– Exemptions Requested

a. 14 C.F.R. 45.27(a), b. 14 C.F.R

. 61.113(a) and (b),

c. 14 C.F.R

. 91.7(a), d. 14 C.F.R

. 91.105,

e. 14 C.F.R

. 91.119 (c) f. 14 C.F.R. 91.121, g. 14 C.F.R

. 91.151(b), h. 14 C.F.R

. 91.405(a), i. 14 C.F.R

. 9 1.407(a)(1),3

j. 14 C.F.R. 91.409(a)(1) and ( 2 ), and k. 14 C.F.R. 91.417(a) and (b).

C

. Background
The Petitioner provides image servicing with the operational infrastructure to provid e precision aerial video and photography of Real Estate Properties (for homeowners, realtors, home builders, home contractors and / or home inspectors for real estate marketing and inspection of home exteriors) as well as filming of special events, in diff erent geographical locations throughout the Unites States in a safe, convenient, and legal manner.

T he sUAS s for the purposes of this petition is the DJI Phantom Series and DJI Inspire

. The DJI Phantom Series and DJI Inspire both meet the requirements for determination of Summary Grant for exemption as each platform has been previously approved by the FAA in
numerous other Petitions. All operational manuals have been previously submitted and reviewed by the FAA.
Petitioner w ill operate only within v isual line of sight (VLOS) and during daylight hours in Visual Flight Rules (VFR) conditions. Additionally
, Petitioner will operate only within the parameters defined in the blanket Certificate of Authorization (COA) issued by the FAA under
the new interim policy. In the event any Carson Geber operation exceeds the 200 foot limitation imposed by the policy, a separate COA specific to the airspace required for that operation will be obtained prior to flight operations. Such requirements will insure that the sUAS will “not create a hazard to users of the national airspace system or the “public” as stated in Section 333 of the
FMRA.
D. Airworthiness A critical element of consideration for grant of the petition is evidence of an equivalent level of safety for airworthiness of the s UAS

. The FAA has been authorized to exempt aircraft from the requirement for an actual airworthiness certificate in accordance with the statutory criteria provided in Section 333 of PL 112

- 95 in reference to 49 USC 44704, in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation. , Also, in accordance with FAA N 8900.291, Petitioner ha s an established inspection and maintenance program for the continued airworthiness of the aircraft in accordance with the
manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for
the aircraft and aircraft components.4

Carson Geber ’ s standard operating procedures are detailed within the Flight Operation Limitations and Safety section on page 7

.

E

. DJI Phantom Series and DJI Inspire Professional Operational Capabilities

Petitioner seeks an exemption to operate the DJI Phantom Series and DJI Inspire for
limited approved com mercial pu r poses within the NAS 1

. The DJI Phantom Series and DJI Inspire are multi

- rotor sUAS aircraft comprised of a VTOL UA and a transportable GCS. The DJI Phantom Series and DJI Inspire d o not carry any flammable propellant or fuel. The sUAS also has an integrated GPS system that calculates the UAS's position and height and relays that information via a secure connection to the operator. Additionally, the DJI Phantom Series and DJI Inspire
, have the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

- pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of GPS or a lost

- link event with pre

- coordi nated automated flight maneuvers.

F. Regulatory Basis for Petition
Petitioner
, pursuant to 14 C.F.R. § § 11. 6 1 (b), 11.81, 2 and the FAA Modernization and
Reform Act of 2012 ( “ FMRA ” ) , Section 333, Special Rules for Certain Unmanned Aircraft Systems ( “ Section 333 ” )
, hereby respectfully petitions the Administrator for an exemption from
the requirements of 14 C.F.R. §§ , 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121
, 91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2), 91.417(a) and (b)

. 1. Section 333 Congress identifies Section 333 of the FMRA, as a pathway for “ expedited operational
authorization ” of certain sUAS in the NAS

. Section 33 3 (b)(1) ( “ expedited operational
authorization. ” )

. 3 Under Section 333 Congress mandates that the FAA “ shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion

1 Carson Geber will submit Aircraft Registration Applications as required, upon the grant of the exemptions sought by this petition. 2 14 C.F.R. § 11. 6 1 (b) (“ Using a petition for exemption, you may ask FAA to grant you relief from current regulations in 14 C.F.R.”) , 14 C.F.R. § 11.81 (“ What information must I include in my petition for an exemption ”) ? 3 See also www.faa.gov/ sUAS /legislative_programs/section_333/ (noting that Section 333 grants the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft systems in the NAS.”).5

of the plan and rulemaking required by S ection 332 of this Act or the guidance required by
section 334 of this Act ” ( Section 33 3(a) ) upon consider ation of its “ size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sig ht

. ”
Section 333(b) (1 ). I f the FAA makes such a determination, the FAA “ shall [also] establish requirements for the safe operation

. ” Section 33 3(c)

. T he FAA further may find that the sUAS does not require “ airworthiness certification under section 44704 of title 49, United States Code

. ” Section 333(b) (2)

. 2. 49 U.S.C. § 44701
T he FAA is further authorized to grant exemptions from its safety regulations and
minimum standards under 49 U.S.C. § 44701 ( “ Section 44701 ” ) “ if the Administrator finds the exemption is in the public interest. ” Section 44701(f) 4 (authorizing the grant of exemptions from safety regulations and minimum standards under S ection 44701(a) and (b) and
S ections 44702

- 44716). 5
For the reasons addressed herein
, this Petition q ualifies for expedited approval of
Petitioner ’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701

.
G. DJI Phantom Series and DJI Inspire Statutory Criteria for Exemption under
Section 333
G iven its small size, light weight, slow speed, limited load capacity, superior operational capabilities
, and that the operations will be conducted only during the day, under visual meteorological conditions ( “ VMC ” ), within V LOS of the PIC, with the assistance of a
visual safety observer ( “ VO ” )
, and confined within the boundaries of a consenting landowner’s
property and not in the proximity of airports or populated areas , the DJI Phantom Series and DJI Inspire is the very category of sUAS that qualifies for expedited approval under Section
333

. 1

. Proximity to Airports/Populat ion Centers or A reas

4 U n d er 4 9 U

. S

. C

. § 4 47 0 1( f )
, t h e “ A d m

i n i s t r at o r m a y g r a n t an e x e m p ti o n f r o m a r e q u i r e m e n t

o f a r e g u lati o n pr e s c r i b ed un d er su b s ecti o n ( a ) o r ( b ) o f t h is s ecti o n o r a n y o f s ecti o n s 44702

- 447 1 6 o f [ T i t le 49 ] if t h e A d m i n i s t r at o r f i n d s t h e e x e m

p ti o n is i n t h e p u b lic i n te r e s t

. ” 5 See e.g. 49 US C §44711 ( a )(1) prohibiting operations without airworthiness certificate; (2) prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in violation of regulations) ; 49 US C §44 7 04 (issuance of airworthiness certificate); 14 C.F.R. §91

. 203 ( a ) ( 1 ) (carry airworthiness certificate)).6

F light o pe r a t i ons pursuant to t h i s Petition w i l l be t i g h t l y con t r o ll ed and restricted to
low risk a reas and in accordance with the blanket 200

- foot COA requirements at an altitude of no more than 200 feet above ground level (AGL). In the event a Carson Geber operation is required

to exceed the 200

- foot limitation imposed by the policy, a separate COA specific to the airspace

req uired for that operation will be obtained prior to operations at an altitude of no more than 400
feet AGL. All altitudes reported to ATC will be in AGL when required and a ny operations conducted within 5 nautical miles (NM) of the geographic center of a non

- towered airport will obtain a Letter of Agreement with the appropriate airport management and made available to FAA upon request. In addition, a ccess to any property will be limited to persons associated with and necessary to flight operations.

2

. V isual Line

- of

- Sight The minimum crew for each operation will consist of a PIC and VO . The VO will be used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always
maintain VLOS with the sUAS

. T he DJI Phantom Series and DJI Inspire will at all times be
flown by Petitioner only in the daytime (not at night) under VMC
, within VLOS of the PIC
, with the further assistance of the VO with whom the PIC will have the ability for direct and
continuous two

- way verbal communication s 6 so as to ensure that the flight operations remain

w i t h i n the PIC’s VLOS and prescribed flight boundaries and de

- conflict with objects in the
air and on the ground. Thus , pursuant to the FAA Order 8900.1 Volume 16, Chapter 1, Section 3, the proposed operations will provide an approved method of control and collision avoidance to satisfy the “ see and avoid ” requirement of 14 C

. F

. R

. § 91.113 : Only qualified and current PIC’s and VOs will be used

.
3

. Other Factors

a. DJI Phantom Series and DJI Inspire S afety Systems

Petitioner proposes that requirements should take into account the characteristics of th ese particular s UAS s

. The DJI Phantom Series and DJI Inspire is characterized by a high degree of

pre

- programmed control, various built

- in technical capabilities that limit the potential for operation outside of the operating conditions as set forth below, and many built

- in functional,

6 PIC and VO are within speaking distance and all communications between PIC and VO will be without communications equipment7

safety and redundancy features to ensure a safe and reliable operation. At a minimum: geo

fencing at a maximum ceiling of 200’or 400' AGL, flight programming capabilities, a flight termination link available to the operator to prevent a "fly away," and safe abort procedures. If
the DJI P hantom Series and DJI Inspire loses communications or its GPS signal, it will return to

a pre

- determined location and land or be recovered in accordance with the User’s Manual. The DJI Phantom Series and DJI Inspire will have markings identifying the serial number and identification (N

- number) markings as large as practicable. Further, Carson Geber operation s will comply with all manufacturer Safety Bulletins.

b

. Safety Management System
A Safety Management System (SMS) approach will regulate Petitioner ’s operation of
the DJI Phantom Series and DJI Inspire and will significantly contribute to maintaining the level of safety contemplated by the airworthiness certificate requirements from which Petitioner now seeks relief.
Pursuant to the S MS and 14 C.F.R. § 43.13, entitled Performance Rules (general)
, each

person performing maintenance, alteration, or preventive maintenance on the DJI Phantom Series and DJI Inspire
, motor, propeller, or appliance shall use the methods, techniques, and practices prescribed in the current manufacturer's User’s Manual or Instructions for Continued Airworthiness prepared by its manufacturer, or other methods, techniques, and practices acceptable to the Administrator. Each person shall use the tools and e quipment necessary to assure completion of the work in accordance with accepted industry practices.

c. Flight Operation L imitations and Safety In seeking this exemption, Petitioner proposes to operate the DJI Phantom Series and DJI Inspire pursuant to the following specific operating limitations : 1. The DJI Phantom Series and DJI Inspire all weigh less than 55 pounds, fully
loaded.
2. The DJI Phantom Series and DJI Inspire shall only be operated at or below 2 00
ft

. AGL , unless a separate COA specific to the airspace required for that operation is obtained prior to operations at an altitude of no more than 400 feet AGL.
3. The DJI Phantom Series and DJI Inspire shall be operated within VLOS of the
PIC and safety VO.
4. The radio frequencies used for operations and control of the UAS (2.4GHz) will comply with the Federal Communications Commission ("FCC") or other8 appropriate government oversight agency requirements.
5. The DJI Phantom Series and DJI Inspire shall be operated pursuant to Day Visual Flight Rules (VFR) in visual meteorological conditions (VMC). The DJI Phantom Series and DJI Inspire shall be operated only during daylight hours ( i.e. between
the end of morning civil twilight and the beginning of evening civil twilight, as published in the American Air Almanac, converted to local time).
6. The DJI Phantom Series and DJI Inspire shall operate from on

- site takeoff/landing
locations directly next to the PIC and co

- located VO. The PIC and the VO shall be able to verbally communicate during all operations.
7. Operations shall be conducted by certificated airmen who possess either a commercial, private, recreational, or sport pilot certificate

. 8. The PIC will be a FAA licensed airman and will hold a current airman medical certificate or valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 CFR § 6 1.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
9. The PIC shall have successfully completed the training and qualification process in
accordance with DJI Phantom Series and DJI Inspire Pilot Training Guide. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Training operations will only be conducted during dedicated training
sessions.
10. A minimum of three take

- offs and three landings in the preceding 90 day s will be required by the PIC to maintain currency, such log of which shall be made available to the Administrator upon request.
11. All op era tions will util i z e a VO. The UA will be op e ra t e d within the V L O S o f the
P I C a nd VO a t a ll tim e s. The VO m a y be u s e d to s a tis f y the V L OS re q u i re m e nt a s lo n g a s the P I C a lw a y s m a int a ins V L O S ca p a bili t y . T h e VO a nd P I C will be a ble

to c ommuni ca te v er

b a l l y a t a ll tim e s; e l ec t r onic m e s s a g ing o r t e x ting is not

p er mitt e d du r ing f

l i g ht op e r a tions. The P I C will be d e si g n a t e d b e f o r e t h e f li g ht a nd

c a nnot t ra ns f

e r his or h e r d e s i g n a tion f o r the du ra tion of the f

l i g ht. T h e P I C will

e nsu r e th a t the VO c a n p e r f o r m the d u ti e s re qui re d of t h e VO.
12. The UA will be operated within visual line of sight (VLOS) of the PIC at all9 times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman
medical certificate or U.S. driver ’s license.
13. If a pilot certificate holder other than the PIC, who possesses the necessary PIC qualifications, is also present during flight operations, that person can also be designated as PIC and will follow the necessary p rocedures to assume control.
14. A briefing will be conducted in regard to the planned o perations prior to each flight

. It will be mandatory that all personnel who are performing duties within the boundaries of the flight operations safety perimeter be present for the briefing.
15. Petitioner will obtain an Air Traffic Organization (ATO) issued COA prior to conducting any actual flight operations. Carson Geber will only operate within the guidelines of the blanket 200

- foot COA under the FAA’s interim policy. For
fli ghts above 200 feet AGL, Carson Geber will operate in a confined geographic
area as defined by a separate approved ATO issued COA.
16. Petitioner will file a NOTAM for each flight at least 24 h ours in advance of each flight with the appropriate FSDO.
17. Any operations that will be conducted within 5 nautical miles (NM) of the geographic center of a non

- towered airport will obtain a Letter of Agreement with the appropriate airport management and made available to FAA upon
request.
18. Prior t o flight operations, Petitioner shall coordinate 1 hour ahead of the proposed flight a communication with the nearest local Air Traffic Control facility indicating location, altitude and duration of the proposed flight.
19. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies at least 12 hours in advance of any flight operation

. 20. The DJI Phantom Series and DJI Inspire shall be marked with an identification (N

Number) in accordance with 14 C.F.R. § 45.23, such markings to be as large as practicable pursuant to 14 C.F.R. § 45.29(f), and identified by a serial number registered in accordance with 14 C.F.R. Part 47.10

21. All flights wil l remain clear and yield the right of way to all other manned operations and activities at all times, including, but not limited to: ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.
22. Flights will not be operated less tha n 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the
PIC.
23. The DJI Phantom Series and DJI Inspire shall be operated at an airspeed not to
exceed 40 knots.
24. Any time the DJI Phantom Series and DJI Inspire is operating, all documents required under 14 C.F.R. § 91.9 and § 91.203 shall be available to the PIC at the GCS. Such documents shall be made available to the Administrator or any law enforcement official upon request.
25. The DJI Phantom Series and DJI Inspire shall not be operated directly over any person, except authorized and consenting personnel required for f light/ imaging operations,
26. The radio frequency spectrum used for operation and control of the DJI Phantom Series and DJI Inspire shall comply with the requirements of DJI Phantom Series and DJI Inspire manuals and the SOP

. T he DJI Phantom Series and DJI Inspire

s hall at all time s be operated to ensure a safe distance away from all participating
and non

- participating personnel , at least 500 feet away from persons not involved in the flight operations (non

- participating persons) unless:

 Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator

must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, fligh t operations must cease immediately in a manner ensuring the safety of nonparticipating persons

.

 The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessme nt of the risk of operating closer to those objects and determined that it does not present an undue hazard.
27. The flight will be terminated at 20% battery power reserve

.11

28. Prior to each flight
, the PIC shall inspect the DJI Phantom Series and DJI Inspire
, including any inoperable components, items or equipment, to ensure it
i s in a n airworthy condition for safe flight. If the inspection reveals a condition
that affects flight readiness or safe operations, the DJI Phantom Series and DJI Inspire shall not be operated until the necessary maintenance has been performed and it is found to be in a condition for safe flight. Any discrepancies
and all maintenance or alterations shall be doc umented in the aircraft records,
such records to be made availa ble to the Administrator upon request.
29. Except as may be designated otherwise for Fail

- Safe operations, t he DJI Phantom Series and DJI Inspire shall take off and land at a location within the
boundaries of the subject property next to the PIC.
30. Upon loss of communication or GPS signal, the DJI Phantom Series and DJI Inspire shall return to a predetermined location within the boundaries of the landowner’s property and land or be recovered in accordance with the User’s
Manual

. 31. In the event of an emer gency or unanticipated obstacle to planned operations, the operation shall be aborted and the DJI Phantom Series and DJI Inspire
, if airborne, shall return to a predetermined location.
32. The DJI Phantom Series and DJI Inspire shall be maintained in accordance with
the manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components and in accordance
with FAA N 8900.291.
33. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.
34. Any incident, accident or f light operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA shall be reported to the FAA’s UAS Integration Office within 24 hours. Accidents shall also be reported to the National Transport ation Safety Board (NTSB). Further flight operations shall not be conducted until the incident, accident or transgression is reviewed by the UAS Integration Office and authorization to12 resume operations is provided.
d

. Privacy
All Carson Geber s UAS operations will be conducted in accordance with applicable
F ederal, S tate, and local laws regarding privacy. All operations shall be conducted over private or controlled

- access property with permission from the lan d/building owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

e

. Physical Security
In order to ensure its safe and proper us e , Petitioner will be the only operator of the DJI Phantom Series and DJI Inspire and the DJI Phantom Series and DJI Inspire will at all times
remain in Petitioner ’s custody

. 4

. . Lack of Threat to the NAS, Public, or National Security For the reasons previously addressed, in cluding meeting Section 333( b)(1) criteria,
Petitioner ’s record of safety and the small size of the s UAS involved and the controlled sterile area within which they will operate, Petitioner falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of s UAS s to commence immediately. Petitioner will operate the
DJI Phantom Series and DJI I nspire in accordance with the aforementioned flight limitations
without creating a hazard to other aircraft or persons or property on the ground . T he fact that each PIC will be required to be screened by the Department of Homeland Security, approval of the petition
presents no threat to national security

. Further, given its small size and limit load capacity, the DJI Phantom Series and DJI Inspire s UAS is incapable of carrying any substantial external load, including e x p l os i v e m a t e r i a l s or f l a mm ab l e li q u i ds. For all of these reasons, Petitioner ’s proposed operations using the DJI Phantom Series and DJI Inspire qualify for expedited approval of the sought exemption pursuant to Section 333 for the specified uses and under the proposed operating requirements and restrictions.
H

. Public Interest Benefits Granting Petitioner ’s request for exemption would benefit the public and have no adverse effect on safety for the following reasons

.

1. Public Interest Generally The grant of the requested exemption is in the public interest based on the clear direction in Section 333 and 49 U.S.C. § 44701(f), the equivalent and enh anced level of safety of the13

proposed operations, the significant public benefit, and cost savings to be realized as a result of
the use of sUAS for product demonstration and training services. Moreover, the FAA has previously granted identical e xemptions for sUAS

. 7 The DJI Phantom Series and DJI Inspire are battery powered s UAS s that serves as a safe r , more efficient, and economical alternative to larger
and heavier manned aircraft carrying flammable liquid fuels
, traditionally use for aerial photography or aerial surveying

. This will provide for a n added superior level of safety to persons and property in the air and on the ground than that provided by manned aircraft performing the same operations. No p ilot or cre w need be airborne and g ranting the exemption
would also decrease the number of manned aircraft in the NAS and, as a result, reduce congestion as well as the environmental impact of such operations

. Using the DJI Phantom Series and DJI Inspire also provides the benefit of greater operational flexibility and reduced cost when compared to manned aircraft.

a

. Increased Aircrew Safety and Reduced Risk to P ersons/ Property On G

round
Because the DJI Phantom Series and DJI Inspire is unmanned, the proposed operations
eliminate the risk to pilot and crew associated with flying such aerial

- surveying missions in confined airspace at low altitude

. Further, g iven its small size and weight and low air speed
, using the DJI Phantom Series and DJI Inspire also reduces the risk of damage or injury to persons or property on the ground , and in the air, were there to be a n unforeseen mishap

.

b

. Reduced Environmental Impact
U sing the DJI Phantom Series and DJI Inspire s UAS instead of manned aircraft also benefit s the public by eliminating or greatly reducing air and noise pollution associated with traditional
aerial imaging operations

. Because it is battery power ed and uses electric motors, the DJI Phantom Series and DJI Inspire s UAS consumes no fuel
, generates no air pollution
, and creates very little noise . As a result, the public is benefited as a result of reduced enviro nmental impact,

r educed operator and other human exposure , and greater fuel conservation, which serves additionally to su pport our G overnment’s specific effort s to reduce the U.S.’s carbon footprint. 8

c

. Fewer Manned Aircraft i n the NAS and Reduced Need for ATC Handling

7 Carson Geber r e q u e s ts t h at t h e F AA n ot solicit p u b lic c o mm e n t o n i t s petition b eca us e it w o u ld

n o t s et a ny new pr ece d e n t a n d b eca u s e t h e r elief r e q u e s ted is i d e n tic a l to e x e m p ti o n s g r a n ted pr e v i o us l y . 1 4 C

. F

. R

. § 11.87. 8 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental Protection Agency’s regulatory efforts to phase out the use of fossil fuels

.14

The DJI Phantom Series and DJI Inspire also does not require a runway or helipad to
takeoff or land and will not be operated within the close proximity of any airports without prior FAA approval

. As such , fewer aircraft will need to be handled by a ir t raffic c ontrol during ground, takeoff, departure, arrival, and landing phases. Operations pursuant to this Peti tion will further reduce the number of manned aircraft flying or transiting at or above 500’ AGL to and
from the areas of imaging operations as well as congestion around airports due to aircraft arrival
and departure.
d

. Superior Aerial Imagery and Increased Benefit to U.S. E conomy
B etter aerial footage can also be obtained using the small and nimble DJI Phantom Series and DJI Inspire than can be obtained using manned aircraft or other ground

- based methods

. Due to its small size and superior flight performance characteristics, the DJI Phantom Series and DJI Inspire allows for images to be taken from certain locations and angles and with better precision than using
manned aircraft

. As a result, less time is needed in the air to obtain the desired footage
, which in addition to providing the benefit of fewer aircraft in the NAS and associated reduced risk to objects and persons and property in the air and on the ground, reduced noise, etc., allows for the production
of surveys , which benefit s consumers

. This additionally ensures that companies such as Carson
Geber and its customers remain competitive and profitable, thereby providing their employees
greater job stability, which ultimately contributes further to the U.S. econom y through increased consumer spending

.

e

. Increased Operational Flexibility and Reduced Cost Using the DJI Phantom Series and DJI Inspire also provides the benefit of greater operational flexibility and reduced cost when compared to manned aircraft. Instead of each time having to hire a manned aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, Petitioner can operate the DJI Phantom Series and DJI Inspire
, which it has purchased
and outfitted at lower combined cost
, innumerable times and at the convenience of Petitioner ’s and
its customer ’ s schedules

. 2. No Adverse Safety Effects Granting this Petition will also not adversely affect aviation safety or pose any undue
risks to the public. The operations pursuant to this Petition will be in accordance with
+0 approved processes and checkli st s an d in c o m p li ance w i t h all applicable FAA safety policies
and guidance. Accordingly, and as detailed herein, g ranting the requested exemption would not adversely affect safety. Indeed
, as detailed below
, operations pursuant to the limitations15

and guidelines addressed herein and the safety procedures, Petitioner w ill provide a n equivalent level of safety to those regulations from which Petitioner seeks exemption

. The FAA has also recently set precedence by granting exemptions with similar aerial photography
, imaging , and surveying parameters in all material respects, to those presented herein

. For these

reasons , Petitioner ’ s operations pursuant to this Petition also qualify for an exemption

. I. Exemption s Sought By Petitioner a nd Reasons f or t he Requested Relief
Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 14
C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121
, 91.151(b)
, 91.405(a), 91.407(a)(1) and (2) , 91.409(a) (1) and (2), 91.417(a) and (b)

. 1. Section 45.27(a). Location of marks; non fixed

- wing aircraft

. Section 45.27, entitled Location of marks; nonfixed

- wing aircraft
, subsection (a) states (emphasis added): (a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. To the extent subsection 45.27(a) may be deemed to apply to the DJI Phantom Series and DJI Inspire s UAS
, Petitioner seeks an exemption from the subsection ( i.e., that the marks be displayed on both surfaces of the cabin, fuselage, boom, or tail) because the DJI Phantom Series and DJI Inspire s UA S is of insufficient size to accommodate any such marking. Thus marking
the DJI Phantom Series and DJI Inspire s UA S as required by this subsection would not be possible.
An e q u i v a l ent l e v el of s a f e t y can be provided instead by marking the DJI Phantom Series and DJI Inspire s UA S , as may be applicable, with lettering as large as practicable ( 14
C.F.R. § 45.29(f) ) on its largest available surface so as to permit such marking to be displayed to pilot, crew, and others

. 2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in
command

. Petitioner seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command
, subsections (a) and (b) state (emphasis added): (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft t hat is16

carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft

. (b) A private pilot may, for compensation or hire, act as pilot in command of an
aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or
hire. In general, subs ec t i ons 61

. 113 ( a ) and ( b ) prohibit a p r i v a t e p il o t from conducting

co m m e r c i al ope r a t i on s . Petitioner seeks exemption from the subsections because t he DJI Phantom Series and DJI Inspire w i l l not ca rr y a p il o t , passe n g e r s or property (other than a camera). As addressed, the DJI Phantom Series and DJI Inspire is a very light, remotely
controlled s UAS with no persons or property on board. Each f li g h t is p l anned and fully

coo r d i na t ed i n a d v ance in accordance with those procedures provided in the SOP

. Thus t he r i s k

assoc i a t ed w i t h the proposed ope r a t i on s is so d i m i n i shed fr om that ass o c i a t ed w i t h co m m e r c i al

ope r a t i ons con t e m p l a t ed by P a r t 61, t hat a ll o w i ng a PI C having a private pilot certificate , rather than a commercial certificate, met the minimum flight hour and qualification criteria, and operating according to the limitations and guidelines provided herein
, provides a level of safety
that e x ceeds t hat p r o v i ded by a pilot having a co mm e r c i al ce r t i f i ca t e op e r a t i n g a con v en t i onal

a i r c r a f t as required under the regulations

. T he FAA has already set precedence by previously granted e x e m p t i ons in circumstances similar, in all material respects, to those presented herein

. 3. Section 91.7(a). Civil Aircraft Airworthiness

. Either finding that Petitioner meets the Section 333 criteria or exemption from the airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) inapplicable.
Section 91.7, entitled Civil aircraft airworthiness
, subsection (a ) states (emphasis added):

“ No person may operate a civil aircraft unless it is in an airworthy condition .” T here is no FAA standard by which such a determination of airworthiness can be made. Nonetheless, given t he limitations and procedures , as con t a i ned herein, the S afety Procedures contained within the
SOP , and the Maintenance Manual
, for maintaining the aircraft and checking it before each flight to ensure that it is in peak operational condition, an e q u i v a l ent l e v e l o f s a f e t y w il l be17

p r o v i ded.
4

. Section 91.105. Flight crewmembers at stations

. Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight
crewmembers at stations
, states (emphasis added): (a) During takeoff and landing, and while en route, each required flight
crewmember shall

— (1) Be at the crewmember station unless the absence is necessary to perform duties in connection with the operation of the aircraft or in connection with physiologic al needs; and (2) Keep the safety belt fastened while at the crewmember station.
(b) Each required flight crewmember of a U.S.

- registered civil aircraft shall, during takeoff and landing, keep his or her shoulder harness fastened while at his or her assig ned duty station . This paragraph does not apply if

— (1) The seat at the crewmember's station is not equipped with a shoulder harness; or
, (2) The crewmember would be unable to perform required duties with the
shoulder harness fastened.
In general, S ec t i on 91

. 105 requires pilot and crew to be at their duty stations and harnessed during flight

. Petitioner seeks exemption from the Section 91.105 because the DJI Phantom Series and DJI Inspire s UA S is by definition an unmanned aircraft, having neither pilot nor crew so as to be stationed or harnessed as required by the regulation. An e q u i v a l ent or even higher l e v el of s a f

e t y can be provided instead by using an unmanned aircraft controlled by a PIC
who at all times is located at and controls the DJI Phantom Series and DJI Inspire from the GCS.
5

. Section 91.119(c). Minimum safe altitudes

. Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum safe altitudes: General
, subsection (d) states (emphasis added): Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(c) Over other than congested areas. An altitude of 500 feet above the surface
, except over open water or sparsely populated areas. In those cases, the aircraft18

may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.

S ec t i on 91

. 119(c) e s t ab li shes s a f e a l t i t ud e s f

or ope r a t i on o f c i v i l a i r c r a f t over other than congested areas

. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this Petition, t he DJI Phantom Series and DJI Inspire s UA S w il l at times be ope r a t ed either at or
below 200 or 4 00 feet A G L

. An e q u i v a l ent or even higher l e v el of s a f e t y can be provided instead by, as provided herein, ope r a t ing so as to de

- conflict with manned vehicles operating above 500 feet AGL , within
the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de

- confliction with any persons or property in the air and on the ground , including participating and non

participating personnel, 100 feet and 500 feet, respectively, away from who the UA would generally be restricted . Further t he DJI Phantom Series and DJI Inspire s UAS flight operations
will be m on i t o r ed at all times by bo t h t he PIC and VO and will be i n c o m p li ance w i t h l ocal pub li c s a f e t y r e q u i r e m en t s , so as to prevent access to t he restricted a r eas o f ope r a t i on. The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,
in all material respects, to those presented herein

.
6

. Section 91.121. Altimeter settings

. Petitioner seeks an exemption from 14 C.F.R. 91.121

. Section 91.121, entitled Altimeter settings , requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” Petitioner se eks exemption from Section 91.121 because the DJI Phantom Series and DJI Inspire s UAS does not use or have on board a typical barometric altimeter as contemplated by the regulation.

Note: An equivalent level of safety will be provided instead, by operating the s UAS at
or below 400 feet AGL
, within the VLOS of the PIC (with the assistance of a VO)
, with altitude
information downlinked from the DJI Phantom Series and DJI Inspire to the PIC to maintain altitude and ensure safety. Prior to each flight, a zero altitude/AGL will be established at the launch site, as confirmed for accuracy by the PIC.

7

. Section 91.151(b). Fuel requirements for flight in VFR conditions.
Petitioner seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel requirements for flight in VFR conditions
, states (emphasis added):19

(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

.
The DJI Phantom Series and DJI Inspire is an unmanned aircraft, and thus would not begin a flight with a person in it as the regulation contemplates . To t he extent the regulation applies to the DJI Phantom Series and DJI Inspire
, the DJI Phantom Series and DJI Inspire has a maximum flight duration of 1 8 minutes
, depending upon atmospheric conditions and type of

camera or sensor. A n e q u i v a l ent l e v el of s a f e t y can be ach i e v ed by terminating the flight at 20% battery

power reserve

. Given that the DJI Phantom Series and DJI Inspire will be operated within the
VLOS of the PIC, within the confines of the particular landowner’s property with prior written consent of the landowner and participating and non

- participating personnel, this restriction would provide more than enough battery reserve to accommodate a safe return to the landing zone from anywhere in the operating area with no adverse e ffect on the safety of persons and property in the air or on the ground.
The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,
in all material respects, to those presented herein

.
8

. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance inspections and recording

. Section 91.405(a) , entitled Maintenance required
, states: 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 ;

Section 91.407(a)(1) , entitled Operation after maintenance, preventive maintenance, rebuilding,
or alteration
, states: (a) No person may operate any aircraft that has undergone maintenance,

p reventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter;20

Section 91.409 (a)(2)
, entitled Inspections , states: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

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

. No inspection performed under paragraph (b) of this section may be subs tituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records.

Section 91.417(a) and (b) , entitled Maintenance records
, state: (a) Except for work performed in accordance with §§ 91.411 and 91.413 , each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and
records of the 100

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

— (i) A description (or reference to data acceptable to the Administrator) of the work perf

ormed; 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.21 (iii) The time since last overhaul of all items installed on the aircraft which

are re quired to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time a nd date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and
transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered own er 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.
In general, t hese r e g u l a t i ons r e q u i r e t h a t an airworthy certificated a i r c r a f t be i nspec t ed as
p r e s c r i bed i n 14 C.F.R. Part 91, S ubpa r t E (Maintenance, Preventive Maintenance, and Alterations), any d i sc r epanc i es be r e pa i r ed and the aircraft be approved for return to service a s prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and that any work on the aircraft be recorded and such records maintained. Petitioner seeks an exemption because, as addressed, the DJI Phantom Series and DJI Inspire sUAS will operate pursuant to this Petition without airworthiness certification. An equivalent level of safety can be provided instead by requiring, as provided herein, that22

inspections and maintenance be accomplished according to the inspection, mainten ance, and preflight sections IAW the manufacturer’s guidance in the DJI Phantom Series and DJI Inspire
User’s Manual. Among other things, the DJI Phantom Series and DJI Inspire will be inspected prior to each flight to confirm that it is in good working o rder. Any maintenance or repairs will be perform and logged, and, upon any work being performed on the DJI Phantom Series and DJI Inspire
, it will be checked and approved for flight by personnel before being returned to
service.
The FAA has already set precedence by previously granted exemptions in circumstances similar, in all material respects, including airframe types, to those presented herein.
J. Conclusion As set forth in the document above, the following summary is provided for publication
in th e Federal Register. Petitioner seeks an exemption pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11 to permit safe operation of the DJI Phantom Series and DJI Inspire sUAS commercially, fo r the purposes
of low

- risk, aerial video and photography of Real Estate Properties (for homeowners, realtors, home builders, home contractors and / or home inspectors for real estate marketing and inspection of home exteriors) as well as filming of special events

. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA Modernization and Reform Act of 2012 to expedite approval of operations of certain sUAS in the NAS, while also advancing the interests of the public.

WHEREFORE , in accordance with the Title 49 of the United States Code, the Code of Federal Regulations, and the FAA Modernization and Reform Act of 2012, Section 333,
Petitioner respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (b), and 91.417(a) and (b).23

cc: Carson Geber