## U.S. Department of Transportation Federal Aviation Administration Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Regulatory Docket No.__________



## PETITION FOR EXEMPTION OF:

Richard D. Ospina

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENT S OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS PART 21, SUBPART H AND SECTIONS §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI MATRICE 100 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 O F THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 11 2-95)

Submitted on November 20, 2015

Richard D. Ospina 55 Merrick Way Apt. 822 Coral Gables, Florida 33134 Tel: (305) 469-8124 iflymd@icloud.com

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## TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS

.................................................. ................................................... .. 3

SUMMARY

.................................................. ................................................... .................................. 4

INTRODUCTION AND INTERESTS OF THE PETITIONER

................................................... ................. 4

BACKGROUND

.................................................. ................................................... ............................ 5

BASIS FOR PETITION

.................................................. ................................................... ................... 5

NAME AND ADDRESS OF THE PETITIONER

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETIT IONER SEEKS EXEMPTION ................... 7

THE EXTENT OF RELIEF PETITIONER SEEKS AND THE REASO N PETITIONER SEEKS THE RELIEF .... 11 THE REASONS WHY GRANTING PETITIONER REQUEST WOULD B E IN THE PUBLIC INTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE

.................................................. .... 14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT AD VERSELY AFFECT SAFETY, OR HOW THE EXEMPTION WOULD PROVIDE A LEVEL OF SAFETY A T LEAST EQUAL TO THAT PROVIDED BY THE RULE FROM WHICH PETITIONER SEEKS EX EMPTION ..................................... 17

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER, STATING: THE RULES FROM WHICH PETITIONER SEEKS EXEMPTION:

.................................................. .................................... 31

A BRIEF DESCRIPTION OF THE NATURE OF THE EXEMPTION PETITIONER SEEKS: ....................... 31 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVA ILABLE TO SUPPORT PETITIONER’S REQUEST

.................................................. ................................................... ........... 31

CONCLUSION

.................................................. ................................................... ............................ 32

APPENDICES

.................................................. ................................................... ............................. 34

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## GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control ATO Air Traffic Organization

AV Aerial Vehicle CFR Code of Federal Regulations

COA Certificate of Waiver or Authorization DOD Department of Defense

FAA Federal Aviation Administration FAR Federal Aviation Regulation(s)

FCC Federal Communications Commission

GCS Ground Control Station GPS Global Positioning System

LOL Loss of Link NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

RTB Return to Base

Section 333 FAA Modernization and Reform Act of 2 012 SO Safety Observer SOP Standard Operating Procedures

UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules

VLOS Visual Line of Site VMC Visual Meteorological Conditions

VO Visual Observer

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## SUMMARY

Petitioner seeks exemption from the requirements of 14C.F.R §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1) , 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will perm it Petitioner to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of Real Estate Properties (for homeowners, realtors , home builders, home contractors and / or home inspectors for real estate marketing and inspe ction of home exteriors) as well as filming of special events, film sets, scripted and unscripted television sets and landscape, conducting power line inspection, aerial mapping, surveying an d search and rescue over certain areas of

the United States.



## INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Richard D. Ospina. I am a commercial pil ot with over eight thousand hours of flying experience. I hold an FAA Airline Transport Pilot c ertificate as well as a Flight Instructor certifica te. My areas of interest include amateur photography and f lying. My objective is to start my own company to provide customers aerial photography and videograph y services in a variety of commercial and public uses such as bridge inspections, utility-power gene ration system inspections and patrolling, aerial inspection, photography and videography of resident ial and commercial real estate, aerial inspection, photography and videography of utility infrastructu re including but not limited to electrical power li nes, wind turbines and cell towers, pipeline inspection and patrolling, filmmaking, cinematography and videography, precision agriculture with on board se nsors, construction site inspection and monitoring as well as filming of special events, closed film set, scripted and unscripted television sets and landsc ape, aerial mapping, surveying and search and rescue uti lizing the DJI Matrice 100 UAS. More specifically, Petitioner's aerial video and photography operation s will serve in the following areas:



### • Aerial photography and videography of residential a nd commercial buildings



### • Aerial inspection and monitoring of utility infrast ructures



### • Aerial event photography and videography

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### • Aerial Film and Television Production



### • Aerial search and rescue and safety inspections



## BACKGROUND

Unmanned Aircraft System: DJI Matrice 100 UAS

Petitioner seeks an exemption to operate a DJI syst em for compensation or hire within the NAS. The DJI Matrice 100 is a vertical takeoff and landing (VTOL ) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Matrice 100 UAS has a max takeoff gross weight of approximately 7 pounds 8 ou nces, while having a length of 26 inches, width of 26 inches, and a maximum speed of approximately 43 knots. The DJI Matrice 100 UAS is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Matrice 100 UAS that will be operated by th e Petitioner (trained professional), will be registered in accordance with 49 U.S.C. 44103, Regi stration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.



## BASIS FOR PETITION

Petitioner, Richard D. Ospina, pursuant to the prov isions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unma nned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Matrice 100 UAS in the National Airspace System (NAS), and for an exemption from th e requirements of 14 C.F.R §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a ), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417( a) & (b).

In consideration of the speed, weight, size, and li mited operating area associated with the

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unmanned aircraft and its operation, operation of D JI Matrice 100 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Petitioner requests relief from Sectio ns 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b), as these sections set for th requirements for maintenance that only apply to aircraft with an airworthiness certificate . Petitioner submits that the requested relief is proper since an equivalent level of safety will be ensured. Petitioner will use experienced personnel or technicians to perform maintenance, al terations, or preventive maintenance on the UAS using the methods, techniques, and practices pr escribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Matrice 100 User M anual). Furthermore, Petitioner will

document and maintain all maintenance records for t he DJI Matrice 100 UAS.

Relief from certain requirements of Section 61.113( a) and (b), entitled Private pilot privileges

and limitations : Pilot In Command, is requested by the Petitioner to the extent necessary to allow a Pilot in Command (PIC) holding a Commercial Pilots License, and who has demonstrated, by meeting minimum flight- hour and c urrency requirements, that the PIC is able to safely operate the DJI Matrice 100 UAS in a mann er consistent with this exemption, including evasive and emergency maneuvers and maintaining app ropriate distances from people, vessels, vehicles and structures.

Petitioner seeks relief from Section 91.7(a), entit led Civil aircraft airworthiness , because the DJI Matrice 100 UAS does not require an airworthiness c ertificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Petitioner submits that it will ensure that the DJI Matrice 100 UAS is in an airworthy condition, prior to every flight, by dete rmining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Matrice 100 User Manual), and that the aircraft is in a condition for safe flight. Petiti oner also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Matrice 100 UAS will not have a typical barometric altimeter onboard. Howev er, altitude information of the DJI Matrice 100 UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude inform ation, combined with Petitioner's operation of

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the DJI Matrice 100 UAS within visual line of sight , at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Petitioner seeks an exemption from th e requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Petitioner submits t hat safety will not be affected by operation of the DJI Matrice 100 UA during dayli ght hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 40 minutes.

In accordance with 14 C.F.R. § 11.81, Petitioner pr ovides the following information in support of its petition for exemption:



## NAME AND ADDRESS OF THE PETITIONER

The name and address of the Petitioner and point of contact is:

Richard D. Ospina 55 Merrick Way Apt. 822 Coral Gables, Florida 33134 Tel: 305-469-8124 Email: iflymd@icloud.com



## THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETIT IONER SEEKS EXEMPTION

1. Petitioner Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations : Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificat e may act as a pilot in command (PIC) of an aircraft that is carrying passengers or prope rty for compensation or hire; nor may that person, for compensation or hire , act as PIC of an aircraft.

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(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or prop erty for compensation or hire.

2. Petitioner 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 i t is in an airworthy condition.

3. Petitioner 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 maintai n the cruising altitude or flight level of that aircraft, as the case may be, by refe rence to an altimeter that is set, when operating--

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

(i) The current reported altimeter setting of a sta tion along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescri bed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriat e available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before d eparture.

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4. Petitioner 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 un der VFR conditions unless (considering wind and forecast weather conditions) there is enough fu el to fly to the first point of intended landing and, assuming normal cruising speed, to fly after t hat for at least 20 minutes.

5. Petitioner 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 prescribe d in subpart E of this part and shall between required inspections, except as provided in paragra ph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[. ]

6. Petitioner Seeks Exemption From The Requirements Of Section 91.407(a)(1).

Section 91.407, entitled Operation after maintenance, preventive maintenance , rebuilding, or

alteration , subsection (a)(1), states the following:

(a) No person may operate any aircraft that has und ergone maintenance, preventive maintenance, rebuilding, or alteration unless--

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

7. Petitioner Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And

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91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this sec tion, 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 authoriz ed by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthin ess certificate in accordance with part 21 of this chapter.

8. Petitioner Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for th e periods specified in paragraph (b) of this sectio n:

(1) Records of the maintenance, preventive maintena nce, and alteration and records of the 100- hour, annual, progressive, and other required or ap proved 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 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.

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(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 ea ch airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items ins talled on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances

are maintained. (v) The current status of applicable 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 involv es recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, ro tors, propellers, and appliances.

(b) The owner or operator shall retain the followin g records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of th is 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 th is 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 an d the aircraft is approved for return to service.



## THE EXTENT OF RELIEF PETITIONER SEEKS AND THE REASO N PETITIONER SEEKS THE RELIEF

1. Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks Relief From Section 61.113(a) And (b).

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Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations : Pilot in command, is requested to the extent necessary to al low a PIC holding a Supplemental Pilot Certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conduct t he proposed UAS flight operations for compensation or hire. This relief is requested sinc e the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compens ation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or

hire.

As set forth more fully below, Petitioner submits t hat an equivalent level of safety will be maintained because no PIC will be allowed to operat e the DJI Matrice 100 UAS unless that PIC has met certain flight-hour and currency requirements, demo nstrating that the PIC is able to safely operate th e DJI Matrice 100 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuver s, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Fur ther, Petitioner submits that all flights of the DJ I Matrice 100 UAS, conducted by the PIC pursuant to t he grant of this Petition: (1) will be incidental t o Petitioner's business; and (2) will not carry passe ngers or property for compensation or hire.

2. Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to

allow Petitioner to determine that the DJI Matrice 100 UAS is in airworthy condition prior to every fl ight by ensuring that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log and DJI Matrice 100 User Manual). Petitioner seeks the requested relief because the DJI Matrice 100 UAS does not require an airworthiness certificate i n accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Petitioner will ensure that the DJI Mat rice 100 UAS is in airworthy condition based upon i ts compliance with the operating documents (i.e., Mont hly Maintenance Log and DJI Matrice 100 User Manual) prior to every flight, and further, determi ne that the aircraft is in condition for safe fligh t, as

stated in the conditions and limitations below.

3. Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks Relief From Section

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91.121.

Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJI Matrice 100 UAS, which utilizes a barometric pressure sensor, GPS equipment, and a radio communications telemetry dat a link to downlink altitude information from the UA to the PIC at the ground control station (GC S). Since the FAA requires that any altitude information concerning UAS operations be r eported to air traffic control (ATC) in feet above ground level (AGL), Petitioner seeks the requ ested relief because the DJI Matrice 100 UA's altimeter may be set on the ground to zero feet AGL , rather than the local barometric pressure or fiel d altitude, before each flight. Considering the limit ed altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to com ply with the applicable conditions and limitations stated below. As more fully set forth herein, an eq uivalent level of safety will be maintained since t he DJI Matrice 100 UAS is equipped with a barometric pressure sensor and GPS equipment, which automatica lly ensures that a ground level pressure setting will be established prior to each flight, a nd provides the PIC with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief Petitioner Seeks And The Reason Petitioner 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 o f the battery powered DJI Matrice 100 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 40 minutes to the first point of intend ed landing and, assuming normal cruising speed, to fly

after that for at least 3 minutes. Petitioner seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Matrice 100 UAS will severely constrain the practicality of any aerial v ideo or still photo flight operations that Petition er proposes to conduct pursuant to this Petition. Sign ificantly, as set forth below, the technical specifications of the DJI Matrice 100 UAS User Manu al, ensure that Petitioner will safely operate the battery powered DJI Matrice 100 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough batter y power to fly for a total duration of 40 minutes t o the first point of intended landing and, assuming norma l cruising speed, to fly after that for at least 3

minutes.

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5. Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks Relief From Section 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Petitio ner requests relief from these Sections because the DJI Matrice 100 UAS does not require an airwort hiness certificate. As set forth more fully below, the DJI Matrice 100 UAS meets the cond itions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Petitioner will use trained technicians to perform maintenance, alterations, or preventive mai ntenance on the UAS using the methods, techniques, and practices prescribed in the UAS ope rating documents (i.e., DJI Matrice 100 User Manual). Furthermore, Petitioner will document and maintain all maintenance records for the DJI

Matrice 100 UAS.



## THE REASONS WHY GRANTING PETITIONER REQUEST WOULD B E IN THE PUBLIC INTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE

Granting the present Petition will further the publ ic interest by allowing Petitioner to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, special events, film sets, and landscape ov er certain areas of the United States.

Additionally, use of the DJI Matrice 100 UAS will d ecrease congestion of the NAS, reduce pollution, an d provide significant benefits to the economy. Notabl y, the benefits of Petitioner's proposed operation of

the DJI Matrice 100 UAS will be realized without im plicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion O f The NAS.

The DJI Matrice 100 UA is battery powered and serve s as a safe, efficient, and economical alternative to the manned aircraft traditionally ut ilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the

use of a DJI Matrice 100 UAS would reduce the amoun t of manned aircraft in the NAS, reduce

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noise and air pollution, as well as increase the sa fety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircr aft operating in the NAS, congestion around airports caused by arriving and departing ai rcraft will be reduced. The DJI Matrice 100 UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions wo uld result in fewer aircraft that must be handled by air traffic control during the ground, t akeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Effi ciency Of The DJI Matrice 100 UAS.

Conducting aerial acquisitions with the DJI Matrice 100 UAS, instead of manned aircraft, will greatly benefit the public by drastically redu cing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Matrice 100 UAS produces no air pollution, and is the most viable environmentally conscious alternative t o the cabin class, six cylinder internal combustion engine aircraft that are typically utili zed for aerial video and photography, while burning approximately 20-30 gall ons per hour of leaded aviation fuel.

The DJI Matrice 100 UA, while reducing the carbon f ootprint of aerial acquisitions, also eliminates noise pollution, as the UAS is propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Matrice 100 UAS to perform aerial acquisitions, the substantial risk t o life and property in the air and on the ground, which is usually associated with traditiona l manned aircraft flight operations, will be substantially reduced or completely eliminated. As ide from the lack of flight crew members located onboard the aircraft, the DJI Matrice 100 U AS (weighing approximately 7 pounds 8 ounces at its maximum gross weight with a length of 26 inches, width of 26 inches, and with no fuel on board), has less physical potential for col lateral damage to life and property on the ground, and in the air, compared to the manned airc raft that typically conduct similar operations (weighing approximately 6,000 pounds wit h a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallo ns).

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3. Performing Aerial Video and Photography Operatio ns With The DJI Matrice 100 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Ma trice 100 UAS is also an economical alternative to using manned aircraft to conduct sim ilar aerial operations. As such, operation of the DJI Matrice 100 UAS will allow Uni ted States based operators of these systems to remain competitive and contribute to gro wth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmen tal Protection Agency (“EPA”) regulatory actions phasing out leaded aviat ion fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Matrice 100 UAS i s one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operatio nal cost of a traditional manned aircraft. By operating the DJI Matrice 100 UAS, companies can remain competitive and profitable, and therefore, provide greater job stab ility to employees and contractors, which will ultimately contribute to growth of the U .S. economy. Improved financial performance of U.S. companies, through commercial u se of UAS's such as the DJI Matrice 100 UAS, provides a stable workforce that i ncreases consumer spending; improves local, state, and federal tax revenues; and allows compani es to invest in research and development in order to remain competitive both in the United Stat es and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, Petitioner's proposed operation of the DJI Matrice 100 UAS will not implicate any privacy issues. Specifically, the DJI Matrice 100 U AS will be operated only in compliance with operating documents, which requires property owner involvement as well as local law enforcement notification, and in accordance with th e Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119

.

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## THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT AD VERSELY AFFECT SAFETY, OR HOW THE EXEMPTION WOULD PROVIDE A LEVEL OF SAFETY AT LEAST EQUAL TO THAT PROVIDED BY THE RULE FROM WHICH PETIT IONER SEEKS EXEMPTION

1. Reasons Why The DJI Matrice 100 UAS Meets The Co nditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and li mited operating area associated with the unmanned aircraft and its operation, Petitioner's o peration of the DJI Matrice 100 UAS meets the conditions of FMRA Section 333, and will not re quire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Secti on 333 provides authority for a UAS to operate without airworthiness certification and set s forth requirements for considering whether a

UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security.

Specifically, FMRA Section 333 states the following , in part:

(a) In General.--Notwithstanding any other requirem ent 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 compl etion of the plan and rule-making required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In ma king the determination under subsection (a), the Secretary shall determine , at a minimum--

(1) which types of unmanned aircraft systems, if an y, as a result of their size, weight, speed, operational capability, proxim ity to airports and populated areas, and operation within visual line o f sight do not create a hazard to users of the national airspace system o r the public or pose a threat to national security; and

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(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 air craft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secret ary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall estab lish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Petitioner submits that the DJI Matrice 100 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Inspire 1UAS; (b) the p ilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Matrice 100 UAS De monstrate Its Safe Characteristics.

The DJI Matrice 100 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security consid ering its size, weight, speed, and operational capability. i. Technical Specifications Of The DJI Matrice 100 UAS. The technical specifications of the DJI Matrice 100 UAS is set forth by the DJI Matrice 100 Specifications and Data Sheet,

attached hereto as Exhibit A. ii. The DJI Matrice 100 UAS Autonomous Flight And N avigation Modes Enable The UAS To Remain Within A Defined Operational Area. The DJ I Matrice 100 UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Matric e 100 UAS is provided in the DJI Matrice 100 User Manual, attached hereto as

Exhibit B. iii. The DJI Matrice 100 UAS is Designed For Automa tic Return To Home Point Or

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Hover In The Event Of Loss Of The Control Link Or N avigation. When the Control Link is lost, the DJI Matrice 100 UA will remain st ationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Matri ce 100 UA does not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A com plete description of the

Failsafe Functions of the DJI Matrice 100 UAS are s et forth at in the DJI Matrice 100 User Manual, attached hereto as Exhibit B. iv. The DJI Matrice 100 GCS And Its Operation. A co mplete description of the operation and specifications of the DJI Matrice 100 GCS and f light control software is provided in

the DJI Matrice 100 User Manual. The DJI Matrice 10 0 User Manual is attached hereto

as Exhibit B.

b. Flight Operations Of DJI Matrice 100 UAS Is Limi ted To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observe r.

Petitioner will only utilize certificated pilots wh o possess a current and valid airman medical certificate to act as a pilot in com mand (PIC) of the DJI Matrice 100 UAS. Additionally, a safety observer will assist all pil ots during flight time.

c. Flights Of DJI Matrice 100 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Petitioner proposes to c ommercially operate the DJI Matrice 100 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operatin g limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UA Ss weighing less than 55 pounds maximum gross weight: DJI Matrice 100 Unmanned Aircraft Sys tem. 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 limi ted to conducting operations for the purpose

### 20

of aerial video and photography for homeowners, Rea ltors, home builders, contractors, home inspectors for use in real estate marketing and rea l estate inspections. Additionally, aerial video and photography may be conducted on occasional basi s for film and television sets, special events and landscape photography, conducting power line inspection, aerial mapping, surveying as deemed necessary.

3. The UAS may not be flown at an indicated airspee d exceeding 87 knots (100 mph).

4. The UAS must be operated at an altitude of no mo re than 500 feet above ground level (AGL), as indicated by the procedures specified in the ope rating documents unless a special request 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 s ight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision una ided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (S O). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLO S capability. The SO and PIC must be able to communicate verbally at all times. Electron ic messaging or texting is not permitted during flight operations. The PIC must be designate d before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/ obstructions and is not permitted to operate

the camera or other instruments.

9. The operating documents and the grant of exempti on must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists

between the conditions and limitations contained in the grant of exemption and the procedures

### 21

outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Oth erwise, 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 responsib ility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitio ns for extension or amendment to the grant of exemption. If the operator determines that any u pdate or revision would affect the basis upon which the FAA granted the exemption, then the opera tor must petition for amendment to its grant of exemption. The FAA's UAS Integration Offic e (AFS-80) may be contacted if questions arise regarding updates or revisions to the operati ng documents.

10. Prior to each flight the PIC must inspect the U AS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary ma intenance 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 alteratio ns must be properly documented in the aircraft

records.

11. Any UAS that has undergone maintenance or alter ations that affect the UAS operation or flight characteristics, e.g. replacement of a fligh t critical component, must undergo a functional test flight. The PIC who conducts the functional te st 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 covere d 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 r equirements.

14. The operator must carry out its maintenance, in spections, and record keeping requirements, in accordance with the operating documents. Mainten ance, inspection, alterations, and status of

### 22

replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and t he signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must com ply with all manufacturer Safety

Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between insp ections.

17. The PIC must possess at least a Supplemental Pi lot certificate and at least a current thirdclass medical certificate. Supplemental pilots must have, at a minimum, successfully completed private pilot ground school. Additionally, suppleme ntal pilots without a current FAA private pilot certificate must have successfully passed the priva te pilot, commercial pilot, or airline transport pilot knowledge test within the past 24 calendar mo nths.

18. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate dis tances from persons, vessels, vehicles 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 trai ning the operator's PICs are permitted under the terms of the exemption. However, training opera tions may only be conducted during dedicated training sessions. During training, profi ciency, and experience-building flights, all persons not essential for flight operations are con sidered nonparticipants, and the PIC must operate the UA with appropriate distance from nonpa rticipants in accordance with 14 C.F.R.

§ 91.119.

19. UAS operations may not be conducted during nigh t, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorolo gical 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 rul es (SVFR) are not authorized.

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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 l etter of agreement with that airport's management is obtained, and the operation is conduc ted in accordance with a NOTAM as required by the operator's COA. The letter of agree ment with the airport management must be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet b elow or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 stat ute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be re covered in accordance with the operating documents.

23. The PIC must abort the flight in the event of u npredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight u nless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organiz ation (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operati ons under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the o peration. All operations shall be conducted in accordance with airspace requirements in the ATO is sued COA including class of airspace, altitude level and potential transponder requiremen ts.

26. All aircraft operated in accordance with the ex emption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, an d have identification (N- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Ma rkings must be as large as practicable.

### 24

27. Before conducting operations, the radio frequen cy spectrum used for operation and control of the UA must comply with the Federal Communicatio ns Commission (FCC) or other appropriate government oversight agency requirement s.

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 t he UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

29. The UAS must remain clear and yield the right o f way to all manned aviation operations and

activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 50 0 feet from all nonparticipating persons (persons other than the PIC, SO, operator t rainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficie ntly protect nonparticipating persons from the UA and/or debris in the event of an accident. The o perator must ensure that nonparticipating persons remain under such protection. If a situatio n arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/

or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted pe rmission 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;

c. Operations nearer to the PIC, SO, operator train ees 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

### 25

from the land owner/controller or authorized repres entative. Permission from land owner/ controller or authorized representative will be obt ained for each flight to be conducted.

33. Any incident, accident, or flight operation tha t transgresses the lateral or vertical boundaries of the operational area as defined by the applicabl e COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accide nts must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

2. Reasons Why An Exemption From The Requirements O f Section 61.113(a) And (b) Would Not Adversely Affect Safety.

Petitioner submits that the equivalent level of saf ety established by Section 61.113(a) and (b) will b e maintained because no PIC will be allowed to operat e the DJI Matrice 100 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and cu rrency requirements, that the PIC is able to safely operate the DJI Matrice 100 UAS in a manner consist ent with the exemption, including evasive and emergency maneuvers and maintaining appropriate dis tances from people, vessels, vehicles and

structures.

Considering Petitioner's proposed area of operation s, and the operating limitations set forthabove; the parallel nature of private pilot aeronau tical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11 062); and the airmanship skills necessary to safely operate the DJI Matrice 100 UAS, Petition er submits that the additional manned airmanship experience of a commercially certificate d pilot would not correlate to the airmanship skills necessary for Petitioner'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, 1108 0, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Petitioner will not allow any PIC to operate the DJ I Matrice 100 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and cu rrency requirements, that the PIC is able

### 26

to safely operate the DJI Matrice 100 UAS in a mann er consistent with this exemption, including evasive and emergency maneuvers and maintaining app ropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and log ged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcr aft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and mo del of UAS to be used for operations under the exemption). In addition to the hour requi rements, 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 Petitioner's proposed operations. The Admini strator has held that prior documented flight experience that was obtained in compliance with app licable 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 similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot w ith a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have a ccumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and mo del of UAS to be used for operations under the exemption. For clarification, the FAA con siders these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours mak e and model time may be included in the 10 hours of multi-rotor time and the 10 hours may be i ncluded in the total 25 hours of UAS rotorcraft time. In addition to the hour requiremen ts, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency pur poses). 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 condu ct the petitioner's proposed operations. The FAA also finds that prior documented flight experie nce that was obtained in compliance with applicable regulations would satisfy this requireme nt. Training, proficiency, and experiencebuilding flights can also be conducted under the gr ant of exemption to accomplish the required

### 27

flight time. During training, proficiency, and expe rience-building flights the PIC is required to operate the UA with appropriate distances in accord ance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Petitioner will ensure safe operations by not allowing any PIC to operate the DJI Matrice 100 UAS unless that PIC has demonstrated, b y meeting minimum flight-hour and currency requirements, that the PIC is able to safe ly operate the DJI Matrice 100 UAS in a manner consistent with the exemption, including eva sive and emergency maneuvers and maintaining appropriate distances from people, vess els, vehicles and structures.

3. Reasons Why An Exemption From The Requirements O f Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Secti on 91.7(a) will be maintained because prior to every flight, Petitioner will ensure that the DJI M atrice 100 UAS is in an airworthy condition based u pon the UAS's compliance with its operating documents a nd as stated in the conditions and limitations herein. Additionally, the FAA has previously grant ed relief from Section 91.7(a) specific to UAS, in circumstances similar, in all m aterial respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11 066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11 159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements O f Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Secti on 91.121 will be maintained because the

altitude information of the DJI Matrice 100 UA will be provided to the PIC via GPS equipment and a rad io communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude informa tion, combined with Petitioner's operation of the D JI Matrice 100 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 informat ion will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically establis hed by the UASs at ground level.

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The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those present ed herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11 136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements O f Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalen t level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Matrice 100 1 UAS; (2) th e limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Petitioner will ensure th at it will safely operate the battery powered DJI Matrice 100 UAS during daylight hours in VFR condit ions, with enough battery power to fly for a total duration of 40 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 3 minutes.

Here, as in Exemption No. 11109, the technical spec ifications of the DJI Matrice 100 UAS; 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 Matrice 100 UAS p rovides audible and visual warnings to the PIC at t he GCS when the UAS experiences low battery voltage. A t the critically low battery level, the DJI Matrice 100 UAS will descend and land automatically. Signif icantly, previous exemptions granted by the FAA concerning Section 91.151 establ ish that safety is not adversely affected when the technical characteristics and operating li mitations 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 Section 91.151 speci fic 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, 11 109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements O f Sections 91.405(a), 91.407(a)

### 29

(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Wou ld Not Adversely Affect Safety.

In seeking this exemption, Petitioner submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requireme nts established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Petitioner will use trained technicians to perform maintenance, alterat ions, or preventive maintenance on the UAS using the methods, techniques, and practices prescr ibed in the operating documents (i.e., the DJI Matrice 100 User Manual). Furthermore, Petition er will document and maintain all maintenance

records for the DJI Matrice 100 UAS. Since the DJI Matrice 100 UAS will be inspected as prescribed by the operating documents, Petitioner will maintain t he equivalent level of safety established by Sectio ns 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Matrice 100 User Manual is attached here to as Exhibit B; a copy of the monthly maintenance log is attached hereto as Exhibit C. Likewise, the exemption sought will not adversely affect safety b ecause Petitioner will use trained technicians to perform maintenance, alterations or preventive main tenance on the UAS using the methods, techniques, and practices prescribed by the operati ng documents. Furthermore, the exemption sought would maintain an equivalent level of safety establ ished by Sections 91.407, 91.417(a) and 91.417(b),

because all maintenance of the DJI Matrice 100 UAS will be performed by trained technicians.

Maintenance will be documented and maintained utili zing the monthly maintenance log.

Significantly, previous exemptions granted by the F AA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establis h that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of Petitioner's proposed operating limitations, the operating documents, and the technical aspects of the DJI Matrice 100 UAS, Petit ioner submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Secti ons 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2 ), and 91.417(a) and (b).

The FAA has previously granted relief specific to U AS 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, 11 150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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7. The FAA May Prescribe Any Other Conditions For S afe Operation.

In accordance with Section 333 of the FAA Moderniza tion and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Condi tions, Petitioner requests that the FAA prescribe special conditions for the intend ed operation of the DJI Matrice 100 UAS, which contain such safety standards that the Administrato r finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21 , Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a) (1), 91.409 (a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS fo r the limited purpose of conducting aerial video an d photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a

UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the author ity for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Matrice 100 UAS, since the air worthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, d ue to the novel or unusual design features of the aircraft. Section 21.16, entitled S pecial Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an air craft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and ame ndments thereto for the product. The special conditions are issued in accordance wit h Part 11 of this chapter and contain such safety standards for the aircraft, air craft 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.

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Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Petitioner's inten ded operation of the DJI Inspire 1 UAS, which contain such safety standards that the Administrato r 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 REGI STER, STATING: THE

RULES FROM WHICH PETITIONER SEEKS EXEMPTION:

Petitioner seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b).



## A BRIEF DESCRIPTION OF THE NATURE OF THE EXEMPTION PETITIONER SEEKS:

This exemption will permit Petitioner to commercial ly operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial v ideo and photography over certain areas of

the United States.



## ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVA ILABLE TO

SUPPORT PETITIONER’S REQUEST

This Petition is made pursuant to the FAA Moderniza tion and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transpo rtation to determine if certain UAS may operate safely in the NAS. As such, Petitioner req uest for exemption may be granted pursuant to the authority of FMRA Section 333 and 1 4 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for co nsidering 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 ope rate without airworthiness certification.

As discussed in detail above, Petitioner will opera te the DJI Matrice 100 UAS safely in the NAS,

### 32

without creating a hazard to users of the NAS, or t he public, or otherwise pose a threat to national security. 

## CONCLUSION

As set forth herein, Petitioner 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 Matrice 100 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and phot ography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional

mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Petitioner to safely, ef ficiently, and economically operate the DJI Matrice 100 UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Petitioner res pectfully requests that the Administrator grant this Petition for an exemption from the requi rements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1) , 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Petitioner to operate the DJI Matrice 10 0 UAS commercially for the purpose of conducting aerial video and photography of Real Est ate Properties (for homeowners, realtors, home builders, home contractors and / or home inspe ctors for real estate marketing and inspection of home exteriors) as well as filming of special events, film sets, scripted and unscripted television sets and landscape as well as conducting power line inspection, aerial mapping, surveying and search and rescue over certa in areas of the United States.

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Dated: November 20, 2015

Respectfully submitted,

Richard D. Ospina, Petitioner 55 Merrick Way, Apt. 822 Coral Gables, Florida 33134 305-469-8124 iflymd@icloud.com

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## APPENDICES

A – DJI Matrice 100 Specifications Data Sheet

B – DJI Matrice 100 Manufacturer's User Manual C – Monthly Maintenance Log

### 35

APPENDIX – A



### DJI MATRICE 100 TECHNICAL SPECIFICATIONS

### 36

### 37

### 38

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APPENDIX – B (DJI MATRICE 100 USER MANUAL INCLUDED AS AN ATTACHMENT)

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APPENDIX - C