UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: DERRICK J TUSKAN

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 2 DJI Phantom AND DJI S1000 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

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Submitted on April 2 8, 2015

Derrick J Tuskan 727 Sapphire St Unit 114

San Diego, California 858

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- 0804TABLE OF CONTENTS Page
GLOSSARY OF ABBREVIATIONS 3

SUMMARY 4

INTRODUCTION AND INTERESTS OF PETITIONER 4

BACKGROUND 5

BASIS FOR PETITION 5

NAME AND ADDRESS OF PETITIONER 7
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DERRICK J TUSKAN SEEKS EXEMPTION 8
THE EXTENT OF RELIEF DERRICK J TUSKAN SEEKS AND THE REASON DERRICK J TUSKAN SEEKS THE RELIEF 11
THE REASONS WHY GRANTING DERRICK J TUSKAN ’S REQUEST WOULD BE IN THE PUBLIC INTEREST 14
THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY 17
CONCLUSION 32GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System
NOTAM Notice to Airman

PIC Pilot In Command
Section 333 FAA Modernization and Reform Act of 2012 (FMRA)
Section 333

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

VTOL Vertical Takeoff and LandingSUMMARY
Derrick J Tuskan seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Derrick J Tuskan to operate an Unmanned Aircraft System ( UAS ) for the commercial purpose of conducting aerial video and photography for wedding videography, real estate photography, special events, film sets, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER Derrick J Tuskan provides its clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectiveness. Derrick J Tuskan also provides its clients wit h the highest quality digital content for use in their commercial, personal, and non

- profit multimedia projects. Derrick J Tuskan has over 10 years of professional experience in wedding and special event photography and videography and is recognized as an expert in this field. Derrick J Tuskan has 2 years of recreational/hobby experience in all aspects of aerial video and photography. The objective of Derrick J Tuskan’s aerial video and photography operation s is to provide high quality imaging for a variet y of wedding, comme rcial, public, and residential uses, specifically targeting:

• Wedding Videography and Photography

• Motion Picture Filming

• Real Estate Photography

• Land survey & appraisals

• Equipment Inspections

• Increase public knowledge of UAS and promote safe UAS operations.BACKGROUND
Unmanned Aircraft Systems: DJI Phantom 2, DJI Phantom, DJI S1000 UAS s

Derrick J Tuskan seeks an exemption to operate DJI systems for compensation or

hire wi thin the NAS. T he DJI Phantom 2, DJI Phantom, and DJI S1000 are vertical

takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station

(GCS) utilizing electronic tablet or smart p hone systems . The DJI Phantom 2 and DJI

Phantom has a maximum gross weight of approximately 2 pounds 11 ounce s, while

having a length of 16 inches

, width of 16 inches, height of 8 inches, and a maximum

speed of approximately 29 knots. The DJI S1000 has a maximum gross weight of

approximately 11 pounds , a diagonal wheelbase of 41

. 14 inches, height of 1 8

. 11 inches,

and a maximum speed of approximately 42 knots. The DJI Phantom 2 and Phantom are
equipped with four main rotors while the DJI S1000 is equipped with eight main rotors;

driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2, Phantom and DJI S1000 UAS that will be operated by

Derrick J Tuskan will be registered in accordance with 49 U.S.C. 44103, Registration of

Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance

with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, Derrick J Tuskan , pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012

(FMRA), Section 333, Special Rul es for Certain Unmanned Aircraft Systems , hereby

petitions the Administrator to commercially operate the DJI Phantom 2, Phantom, DJI

S1000 UAS s in the National Airspace System (NAS), and for an exemption from the

requirements of 14 C.F.R §§ 61.113(a) & (b) , 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, Derrick J Tuskan operation of DJI Phantom

2, Phantom and DJI S1000 UAS s 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, Derrick J Tuskan requests relief fr om Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth

requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Derrick J Tuskan submits that the requested relief is proper since an equivalent

level of safety will be ensured. Derrick J Tuskan will use experienced personnel or

technicians to perform maintenance, alterations, or preventive maintenance on the UAS s
using the methods, t echniques, and practices prescribed in the operating documents (i.e.,

Monthly Maintenance Log, and DJI Phantom 2, Phantom and DJI S1000 Instruction

Manual). Furthermore, Derrick J Tuskan will document and maintain all maintenance

records for the DJI Phanto m 2, Phantom and DJI S1000 UAS s.
Relief from certain requirements of Section 61.113(a) and (b), entitled Private
pilot privileges and limitations: Pilot in command , is requested by Derrick J Tuskan to
the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher

level certificate, as well as an airman medical certificate, and who has demonstrated, by

meeting minimum flight

- hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 2, Phantom and DJI S 1000 UAS s in a manner consistent with

this exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Derrick J Tuskan seeks relief from Section 91.7(a), entitled Civil aircraf t

airworthiness

, because the DJI Phantom 2, Phantom and DJI S1000 UAS s do not require

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such,

Derrick J Tuskan submits that he will ensure that the DJI Phantom 2, Phantom and DJ IS1000 UAS s are in an airworthy condition, prior to every flight, by determining that the

UAS s are in compliance with the operating documents (i.e., Monthly Maintenance Log,

and DJI Phantom 2, Phantom and DJI S1000 Instruction Manual), and that the aircraft are

in a condition for safe flight.

Derrick J Tuskan also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings , as the DJI Phantom 2, Phantom and DJI S1000 UAS

will not have a t ypical barometric altimeter onboard. However, altitude information of the

DJI Phantom 2, Phantom and DJI S1000 UAS 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 information, combined with Derrick J Tuskan ’s operation of the DJI Phantom 2,

Phantom and DJI S1000 UAS s within visual line of sight, at or below 2 00 feet AGL, will

ensure a level of safety equivalent to Section 91.121.

Additionally, Derrick J Tuskan seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Derrick J

Tuskan submits that safety will not be affected by opera tion of the DJI Phantom 2,

Phantom and DJI S1000 UAS during daylight hours in visual meteorological conditions

(VMC) under visual flight rules (VFR), with enough battery power to fly for a total

duration of approximately 13.5 minutes to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Derrick J Tuskan provides the following

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is: Derrick J Tuskan 727 Sapphire St Unit 114 San Diego, Ca 92109 Email: dt@derricktuskan.com 858

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- 0804B. The Specific Sections Of 14 C.F.R. From Which Derrick J Tuskan Seeks Exemption.
1. Derrick J Tuskan Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in comma nd

, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that pe rson, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

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

(2) The aircraft does not carry passengers or property for compensation or

hire.

2. Derrick J Tuskan Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the

following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 3. Derrick J Tuskan Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings , subsection (a), states the following, in

part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

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

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i ) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.
4. Derrick J Tuskan Seeks Exemption From The Requirements Of Section91.151(b).
Section 91. 151, entitled Fuel requirements for flight in VFR conditions

, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
5. Derrick J Tuskan Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the

following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]
6. Derrick J Tuskan Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration

, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]
7. Derrick J Tuskan Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections , subsection (a ), states the following:

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

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.
8. Derrick J Tuskan 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 w ith §§ 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, an nual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The 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 servic e.
(2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspe ction 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 revisio n date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently 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 oth er 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 owner o r operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.
C. The Extent Of Relief Derrick J Tuskan Seeks And The Reason Derrick J Tuskan Seeks The Relief.
1. Extent Of Re lief Derrick J Tuskan Seeks And The Reason Derrick J Tuskan Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and

limitations: Pilot in command , is requested to the extent necessary to allow a PIC holdinga private pilot or higher level certificate, as well as a current and valid airman medical

certificate, and who has met certain flight

- hour and currency requirements, to conduct the

proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b)

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or emplo yment 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, Derrick J Tuskan submits that an equivalent level

of safety wil l be maintained because no PIC will be allowed to operate the DJI Phantom 2,

Phantom and DJI S1000 unless that PIC has met certain flight

- hour and currency

requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom

2, Phantom or DJI S1000 UAS in a manner consistent with the operations specifications

as described in this exemption, including evasive and emergency maneuvers, as well as

maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Derr ick J Tuskan submits that all flights of the DJI Phantom 2, Phantom

and DJI S1000 UAS s, conducted by the PIC pursuant to the grant of this Petition: (1) will

be incidental to Derrick J Tuskan 's business; and (2) will not carry passengers or property

for co mpensation or hire.

2. Extent Of Relief Derrick J Tuskan Seeks And The Reason Derrick J Tuskan 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 Derrick J Tuskan to determine that the DJI Phantom 2,

Phantom and DJI S1000 UAS s are in airworthy condition prior to every flight by

ensuring that the UAS is in compliance with the operating documents (i.e., the Derrick J

Tuskan Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2,

Phantom and DJI S1000 Instruction Manual).Derrick J Tuskan seeks the requested relief because the DJI Phantom 2, Phantom

and DJI S1000 UAS s do not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. Therefore, Derrick J Tuskan will ensure that the DJI Phantom

2, Phantom and DJI S1000 UAS s are in airworthy condition based upon its compliance

with the operating documents (i.e., Monthly Maintenance Log, a nd DJI Phantom 2,

Phantom and DJI S1000 Instruction Manual) prior to every flight, and further, determine

that the aircraft are in condition for safe flight, as stated in the conditions and limitations

below. 3. Extent Of Relief Derrick J Tuskan Seeks And The Reason Derrick J Tuskan Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings , may be required to allow

flight operations of the DJI Phantom 2, Phantom and DJI S1000 UAS s, which utilize a

barometric pressure sensor, GPS equipment, and a radio communications telemetry data

link to downlink altitude information from the UA to the PIC at the ground control

station (GCS). Since the FAA requires that any altitude information c oncerning UAS
operations be reported to air traffic control (ATC) in feet above ground level (AGL),

Derrick J Tuskan seeks the requested relief because the DJI Phantom 2, Phantom and DJI

S1000 UAS s altimeter may be set on the ground to zero feet AGL, rathe r than the local

barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions and

limitations s tated below. As more fully set forth herein, an equivalent level of safety will

be maintained since the DJI Phantom 2, Phantom and DJI S1000 UAS are equipped with

a barometric pressure sensor and GPS equipment, which automatically ensures that a

ground lev el pressure setting will be established prior to each flight, and provides the PIC

with altitude information of the UA on the heads

- up display of the GCS. 4. Extent Of Relief Derrick J Tuskan Seeks And The Reason Derrick J Tuskan Seeks Relief From Section 91.151(b).Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR

conditions , is requested to the extent required to allow flights of the battery powered DJI

Phantom 2, Phantom and DJI S1000 UAS during dayli ght hours in visual meteorological

conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to

the first point of intended landing and, assuming normal cruising speed, to fly after that

for at least 4.5 minutes. Derrick J Tus kan seeks the requested relief because without an

exemption from Section 91.151(b), the flight time duration of the battery powered DJI

Phantom 2, Phantom and DJI S1000 UAS will severely constrain the practicality of any

aerial video or still photo flight operations that Derrick J Tuskan proposes to conduct

pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2,

Phantom and DJI S1000 UAS s, the DJI Phantom 2, Phantom and DJI S1000 operating

documents, and Derrick J Tuskan ’s proposed operating limitations, ensure that Derrick J

Tuskan will safely operate the battery powered DJI Phantom 2, Phantom and DJI S1000

UAS during daylight hours in visual meteorological conditions (VMC), unde r visual

flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes

to the first point of intended landing and, assuming normal cruising speed, to fly after that

for at least 4.5 minutes. 5. Extent Of Relief Derrick J Tuskan Seeks And The Reason Derrick J Tuskan Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

only apply to aircraft with an airworthiness certificate, Derrick J Tuskan requests relief

from these Sections because the DJI Phantom 2, Phantom and DJI S1000 UAS s do not

require airworthiness certificates. As set forth more fully below, the DJI Phan tom 2,

Phantom and DJI S1000 UAS s meet the conditions of FMRA Section 333 for operation

without an airworthiness certificate. Accordingly, Derrick J Tuskan will use trained

technicians to perform maintenance, alterations, or preventive maintenance on the U AS susing the methods, techniques, and practices prescribed in the UAS operating documents

(i.e., the Derrick J Tuskan Aerial Operations Manual, Monthly Maintenance Log, and DJI

Phantom 2, Phantom and DJI S1000 Instruction Manual). Furthermore, Derrick J T uskan

will document and maintain all maintenance records for the DJI Phantom 2, Phantom and

DJI S1000 UAS s.

D. The Reasons Why Granting Derrick J Tuskan Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Derrick J

Tuskan to safely, efficiently, and economically perform aerial video and photography of

construction sites, real estate, and landscape over certain areas of the United Sta tes.
Additionally, use of the DJI Phantom 2, Phantom and DJI S1000 UAS s will

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the

economy. Notably, the benefits of Derrick J Tuskan ’s proposed operation of the DJI

Phant om 2, Phantom and DJI S1000 UAS s will be realized without implicating any

privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 2, Phantom and DJI S1000 UAS are battery powered and serve

as a safe, efficient, an d economical alternative to the manned aircraft traditionally utilized

to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform

aerial acquisitions, an exemption allowing the use of a DJI Phantom 2, Phantom or DJI

S1000 UAS wou ld reduce the amount of manned aircraft in the NAS, reduce noise and

air pollution, as well as increase the safety of life and property in the air and on the

ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion a round airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 2, Phantom and DJI S1000 UAS do not require an airport to takeoff or land.Likewise, a reduction of manned aircraft conducting aerial video and photography

missions would result in fewer aircraft that must be handled by air traffic control during

the ground, takeoff, departure, arrival, and landing phases of flight operations. 2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2, Phantom and DJI S1000 UAS s.

Conducting aerial acquisitions with the DJI Phantom 2, Phantom and DJI S1000

UAS s, instead of manned aircraft, will greatly benefit the public by drastically reducing

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

Phantom 2, Phantom and DJI S1000 UAS s produce no air pollution, and is the most

viable environmentally conscious alternative to the cabin class, six cylinder internal

combustion engine aircraft that are typically utilized for aerial video and photograp hy,

while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI

Phantom 2, Phantom and DJI S1000 UAS , while reducing the carbon footprint of aerial

acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered

electric motors, rather than an internal combustion engine.

By using the DJI Phantom 2, Phantom and DJI S1000 UAS s to perform aerial

acquisitions, the substantial risk to life and property in the air and on the ground, wh ich is

usually associated with traditional manned aircraft flight operations, will be substantially

reduced or completely eliminated. Aside from the lack of flight crew members located

onboard the aircraft, the DJI Phantom 2, Phantom and DJI S1000 UAS (wei ghing

approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their

maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of

16 inches and 17.7 inches respectively, and with no fuel on board), has less physi cal

potential for collateral damage to life and property on the ground, and in the air,

compared to the manned aircraft that typically conduct similar operations (weighing

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34feet, and a fuel capacity of 180 gallons). 3. Performing Aerial Video and Photography Operations With The DJI Phantom 2, Phantom and DJI S1000 UAS s Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2, Phantom and DJI

S10 00 UAS s are also an economical alternative to using manned aircraft to conduct

similar aerial operations. As such, operation of the DJI Phantom 2, Phantom and DJI

S1000 UAS s will allow United States based companies, like Derrick J Tuskan , to remain

competitive and contribute to growth of the U.S. economy. Specifically, with the rising

cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companie s must
adopt new and alternative technology in order to remain competitive. Operating the

battery powered DJI Phantom 2, Phantom and DJI S1000 UAS s is one such technology

that not only allows companies greater operational flexibility compared to manned

air craft, but provides such flexibility without the high operational cost of a traditional

manned aircraft.

By operating the DJI Phantom 2, Phantom and DJI S1000 UAS s, companies such

as Derrick J Tuskan , can remain competitive and profitable, and therefore, provide

greater job stability to employees and contractors, which will ultimately contribute to

growth of the U.S. economy. Improved financial performance of U.S. companies,

through commercial use of the DJI Phantom 2, Phantom and DJI S1000 UAS s, provides a
stable workforce that increases consumer spending; improves local, state, and federal tax

revenues; and allows companies to invest in research and development in order to remain

competitive both in the United States and abroad.

4. There Are No Privacy I ssues.
Similar to the manned aerial acquisition flight operations that have been conducted for

decades, Derrick J Tuskan ’s proposed operation of the DJI Phantom 2, Phantom and DJI

S1000 UAS s will not implicate any privacy issues. Specifically, the DJI Pha ntom 2,Phantom and DJI S1000 UAS s will be operated only in compliance with operating

documents (i.e., the Derrick J Tuskan Aerial Operations Manual, Monthly Maintenance

Log, and DJI Phantom 2, Phantom and DJI S1000 Instruction Manual) which requires

property owner involvement as well as local law enforcement notification, and in

accordance with the Federal Aviation Regulations, including the minimum altitude

requirements of 14 C.F.R. § 91.119.

E. The Reasons Why G ranting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Derrick J Tuskan Seeks Exemption.

1. Reasons Why The DJI Phantom 2, Phantom and DJI S1000 UAS Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated

with the unmanned aircraft and its operation, Derrick J Tuskan ’s operation of the DJI

Phantom 2, Phantom and DJI S1000 UAS s meet the conditions of FMRA Section 333,

and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H.

Section 333 provides authority for a UAS to operate without airworthi ness
certification and sets forth requirements for considering whether a UAS will create a

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

Specifically, FMRA Section 333 states the following, in part: (a) In Gene ral.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airsp ace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

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

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Sec retary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Derrick J Tuskan submits that the DJI Phantom 2,

Phantom and DJI S1000 UAS s can operate safely in the NAS pursuant to FMRA Section

333, as demonstrated by: (a) the characteristics of the DJI Phantom 2, Phantom and DJI

S1000 UAS s; ( b) the pilot certification requirement; and (c) the specific operating

limitations. a. The Specifications Of The DJI Phantom 2, Phantom and DJI S1000 UAS s Demonstrate Its Safe Characteristics.

The DJI Phantom 2, Phantom and DJI S1000 UAS s do not create a hazard to

users of the NAS or the public, or otherwise pose a threat to national security considering

its size, weight, speed, and operational capability. i. Technical Specifications Of The DJI Phantom 2, Phantom and DJI

S1000 UAS s.

Th e technical specifications of the DJI Phantom 2, Phantom and DJI S1000 UAS s
are set forth by the DJI Phantom 2, Phantom and DJI S1000 Specifications and Data

Sheet, attached here to as Exhibit A and B. ii. The DJI Phantom 2, Phantom and DJI S1000 UAS s Autonomous Flight And Navigation Modes Enable The UAS s To Remain Within A Defined Operational Area.

The DJI Phantom 2, Phantom and DJI S1000 UAS s may be operated in both

manual and fully autonomous flight modes. A complete description of the flight and

navigational modes of the DJI Phantom 2 and Phantom are provided at pages 24

- 30 of

the DJI Phantom 2 user manual and page 33

- 43 of the DJI S1000 Us er Manuals, attached

hereto as Exhibit C and D. iii. The DJI Phantom 2, Phantom and DJI S1000 UAS s Are DesignedFor Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2, Phantom and DJI S1000 UAS
will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI

Phantom 2, Phantom and DJI S1000 UAS do not reacquire control link data from the

GCS, the UAS will assume that the Control Link is l ost and the UAS will return to the

home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and

shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are
set forth at pages 2 4 through 30 and for the DJI S1000 at pages 30 through 31 of the DJI

Phantom 2, Phantom and DJI S1000 User Manuals, attached hereto as Exhibit C and D. iv. The DJI Phantom 2, Phantom and DJI S1000 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2,

Phantom and DJI S1000 GCS and flight control software is provided at pages 32 through

43 of the DJI Phantom 2, Phantom User Manual and pages 6 through 22 of the DJI S1000

User Manual. DJI Phantom 2, Phantom and DJI S1000 A2 Flight Control System User

Manuals are attached hereto as Exhibits C and D. b. Flight Operations Of DJI Phantom 2, Phantom and DJI S1000 UAS s Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

Derrick J Tuskan will only utilize certificated pilots who possess a current and

valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2,

Phantom and DJI S1000 UAS s. Additionally, a safety observer will assist all pilots

during flight time.

c. Flights Of DJI Phantom 2, Phantom and DJI S1000 UAS s Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Derrick J Tuskan proposes to commercially operate

DJI Phantom 2, Phantom and DJI S1000 UAS s for the special purpose of conductingaerial video and photography over certain areas of United States, pursuant to the

following specifi c operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS s weighing less than 55 pounds maximum gross weight: DJI Phantom 2, Phantom and DJI S 1000 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more tha n 2 00 feet above ground level (AGL), as indicated by the procedures specified in the operating 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 li ne of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

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

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating docume nts.
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 documen ts and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in t he operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise it s operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or am endment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Of fice (AFS

- 80) may becontacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS , the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical

com ponent, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s airc raft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspectio n, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UAS s operated under this exemption must comply with all manufacturer Safety Bulletins.

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

17. The PIC must possess at least a private pilot certificate and at least a current third

- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safe ly operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, 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 training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91 .119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office clo sest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

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

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally fro m a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a pre

- determined location within the planned operating area and land or be recovered in accordance with the operating documents.

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

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough 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 Organization (ATO) issued Certificate of Waiver or Authorizatio n (COA) prior to conducting any operations 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 operation. All operations shal l be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial numb er, registered in accordance with 14 C.F.R. part 47, and have identification (N

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

27. Before conducting operations, the radio frequency spectrum us ed for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating pers ons 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, fl ight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determi ned that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or contro lled

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

33. Any incident, accident, or flight o peration that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

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

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

Derrick J Tuskan submits that the equivalent level of safety established by Section

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI

Phantom 2, Phantom and DJI S1000 UAS s unless that PIC has demonstrated, by meeting

minimum flig ht

- hour and currency requirements, that the PIC is able to safely operate the

DJI Phantom 2, Phantom and DJI S1000 UAS in a manner consistent with the exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from

people, v essels, vehicles and structures.

Considering Derrick J Tuskan ’s proposed area of operations, and the operatinglimitations set forth

- above; the parallel nature of private pilot aeronautical knowledge

requirements to those of commercial pilot requirements ( See Exemption No. 11062); and

the airmanship skills necessary to safely operate the DJI Phantom 2, Phantom and DJI

S1000 UAS

, Derrick J Tuskan submits that the additional manned airmanship experience

of a commercially certificated pilot would not correlate to the airmanship skills necessary

for Derrick J Tuskan ’s specific proposed flight operations.

The FAA has previously granted relief from Se ction 61.113(a) and (b) specific to

UAS , in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11112, 11136, 11138, 11150, 11153, 11156, 11158, 1115 9, 11160, 11161).

Derrick J Tuskan will not allow any PIC to operate the DJI Phantom 2, Phantom

and DJI S1000 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour

requirements or the DJI Phantom 2, Phantom and DJI S1000 UAS training and cu rrency
requirements, that the PIC is able to safely operate the DJI Phantom 2, Phantom and DJI

S1000 UAS in a manner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehic les and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of

UAS to be used for operations under the exemption). In addition to the hour requirements,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior d ocumented flight

experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of safety during Derrick J Tuskan ’s proposed operations. The

Administrator has held that prior documented flight experience that was obt ained incompliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or 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 with a multi

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

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

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

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

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Derrick J Tuskan will ensure safe operations by not allowing any

PIC to operate the DJI Phantom 2, Phantom and DJI S1000 UAS unless that PIC has

demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC

is able to sa fely operate the DJI Phantom 2, Phantom and DJI S1000 UAS in a manner

consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures. 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained

because prior to every flight, Derrick J Tuskan will ensure that the DJI Phantom 2,

Phantom or DJI S1000 1 UAS is in an airworthy condition based upon the UAS ’s
compliance with its operating documents and as stated in the conditions and limitations

herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specificto UAS , in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the DJI Phantom 2, Phantom and DJI S1000 UAS will

be provided to the PIC via GPS equipment and a radio communications telemetry data

link, which downlinks from the UA to the GCS for active monitoring of the flight path

and altitude. This altitude information, combined with Derrick J Tuskan ’s operati on of

the DJI Phantom 2, Phantom and DJI S1000 UAS within visual line of sight, at or below

2 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude

information will be generated by GPS equipment installed onboard the aircraft . Prior to

each flight, a zero altitude initiation point is automatically established by the UAS s at
ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS , in

circumstances similar, in all material respects, to those pres ented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,
11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established

by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Phantom 2, Phantom and DJI S1000 UAS s; (2) the limitations on the proposed flight

operations; and (3) the location of the proposed flight operations. Accordingly, Derrick J

Tuskan will ensure that it will safely operate the battery powered DJI Phantom 2,

Phantom and DJI S1000 UAS during daylight hours in VFR cond itions, with enough

battery power to fly for a total duration of 13.5 minutes to the first point of intendedlanding and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specificat ions of the DJI Phantom

2, Phantom and DJI S1000 UAS s; the limitations on the proposed flight operations; and

the location of the proposed operations, will ensure an equivalent level of safety

established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the

DJI Phantom 2, Phantom and DJI S1000 UAS s provide audible and visual warnings to

the PIC at the GCS when the UAS experiences low battery voltage, the first warning

occurring at approximately 33% remaining battery power, and again at approximately

10% remaining battery power. At the critically low battery level, the DJI Phantom

Vision+ and DJI Inspire 1 UAS s will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section

91.151 establish that safety is not adversely affected when the technical characteristics

and operating limitations of the UAS are considered. 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 specific to UAS , in circumstances similar, in all material

respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042,

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161). 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Derrick J Tuskan submits that the equivalent level o f

safety with regard to the regulatory maintenance and alteration requirements established

by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be

met because Derrick J Tuskan will use trained technicians to perform maintena nce,
alterations, or preventive maintenance on the UAS s using the methods, techniques, and

practices prescribed in the operating documents (i.e., the Derrick J Tuskan AerialOperations Manual, Monthly Maintenance Log, and DJI Phantom 2, Phantom and DJI

S10 00 Instruction Manual). Furthermore, Derrick J Tuskan will document and maintain

all maintenance records for the DJI Phantom 2, Phantom and DJI S1000 UAS s.

Since the DJI Phantom 2, Phantom and DJI S1000 UAS s will be inspected as

prescribed by the operatin g documents, Derrick J Tuskan will maintain the equivalent

level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy

of the DJI Phantom 2, Phantom and DJI S1000 User Manuals are attached hereto as

Exhibit C and D; a copy of the DJI Phantom 2, Phantom and DJI S1000 UAS

Maintenance LOG is attached hereto as Exhibit E.

Likewise, the exemption sought will not adversely affect safety because Derrick J

Tuskan will use trained technicians to perform maintenance, alterations or preventive

maintenance on the UAS using the methods, techniques, and practices prescribed by the

operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safet y
established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 2, Phantom and DJI S1000 UAS s will be performed by trained technicians.

Maintenance will be documented and maintained utilizing the monthly maintenance lo g.
Significantly, previous exemptions granted by the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety

is not adversely affected when the technical characteristics and operating limitations o f

the UAS are considered.

In consideration of Derrick J Tuskan ’s proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 2, Phantom and DJI

S1000 UAS s, Derrick J Tuskan submits that safety will not be adversel y affected by

granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2),

91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to

UAS in circumstances similar, in all material respects, to those presented h erein (e.g.Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with S ection 333 of the FAA Modernization and Reform Act of

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions

, Derrick J Tuskan

requests that the FAA prescribe special conditions for the intended operation of the DJI

Phantom 2, Phantom and DJI S1000 UAS s, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to that established

by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121,

91.151(b), 91.405(a), 91.407( a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such

special conditions will permit safe operation of the UAS for the limited purpose of

conducting aerial video and photography over certain areas of the United States for

compensation or hire. FMRA Secti on 333 sets forth the requirements for considering

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a

threat to national security; and further, provides the authority for such UAS to operate

without airworthiness cert ification in accordance with any requirements that must be

established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14

C.F.R.
§ 21.16, for operation of the DJI Phantom 2, Phantom an d DJI S1000 UAS s, since the

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate

safety standards, due to the novel or unusual design features of the aircraft. Section 21.16,

entitled Special Conditions , states the followin g: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or p ropeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA find s necessary to establish a level of safety equivalent to that established in the regulations.See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the

FAA may prescribe special conditions for Leading Edge’s intende d operation of the DJI

Phantom 2, Phantom and DJI S1000 UAS s, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to that established

by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61 .113(a) & (b), 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Derrick J Tuskan Seeks Exemption:

Derrick J Tuskan 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 Derrick J Tuskan Seeks:

This exemption will permit Derrick J Tuskan to commercially operate an Unmanned Aircraft System ( UAS ) for the purpose of conducting aerial video and photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support Derrick J Tuskan ’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of

2012
(FMRA) Section 333, which directs the Secretary of Transportation to determine if

certain UAS may operate safely in the NAS. As such, Derrick J Tuskan ’s request for

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R.

Part 11, as set forth above.

FMRA Sect ion 333 sets forth the requirements for considering whether a UAS
will create a hazard to users of the NAS or the public, or otherwise pose a threat to

national security; and further, provides the authority for such UAS to operate without

airworthiness cer tification.

As discussed in detail above, Derrick J Tuskan will operate the DJI Phantom 2,Phantom and DJI S1000 UAS s safely in the NAS, without creating a hazard to users of

the NAS, or the public, or otherwise pose a threat to national security.CONCLUSION

As set forth herein, Derrick J Tuskan seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA),

which will permit safe operation of the DJI Phantom 2, Phantom and DJI S1000 UAS s
commercially, without an airworthiness certificate, for the limited purpose of conducting

aerial video and photography over certain areas of the United States. By granting this

Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA

Modernization and Reform Act of 2012, while also advancing the interests of the public,

by allowing Derrick J Tuskan to safely, efficiently, and economically operate the DJI

Phantom 2, Phantom and DJI S1000 UAS s commercially within the NAS.

WHE REFORE , in accordance with the Federal Aviation Regulations and the

FAA Modernization and Reform Act of 2012, Section 333, Derrick J Tuskan respectfully

requests that the Administrator grant this Petition for an exemption from the requirements

of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI

Phantom 2, Phantom and DJI S1000 UAS s commercially for the purpose of conducting

aerial vi deo and photography over certain areas of the United States.

Dated: April 28 , 2015

Respectfully submitted,

Derrick J Tuskan

_________________________ Derrick J Tuskan

Derrick J Tuskan 727 Sapphire St Unit 114 San Diego, Ca 92109Appendices :

A

– DJI Phantom 2 Vision Specifications Data Sheet B

– DJI S1000 Specifications Data Sheet C

– DJI Phantom 2 Manufacturer’s User Manual D

– DJI S1000 Manufacturer’s User Manual E

– Monthly Maintenance LogAPPENDIX

– A

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS

Derrick J Tuskan only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/t ablet devices)

1.1 DJI Phantom 2

1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

- 200 /s 1.1.1.5 Max Tilt Angel

- 35 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 1.1.2.3 Controllable Range

– Pitch:

- 90

- 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 /s

1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 F

- 104 F (0 C

- 40 C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110 /85

1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m 1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm 1.1.4.4 Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@3.7V1.1.5 Range Extender 1.1.5.1 Operating Frequency

– 2412

- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m 1.1.5.3 Transmitter Power

– 20dBm 1.1.5.4 Power Consumption

– 2W

APPENDIX

– B
DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Derrick J Tuskan only utilizes safe and reliable UAS s. DJI is an industry leader in small UAS production. DJI UAS s are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

2.2	DJI S1000

Content INTRODUCTION......................................................................................................... .....4 PRODUCT INTRODUCTION ....................................................................................................... .4 IN THE BOX................................................................................................................... ........4 EQUIPMENT PREPARED BY USERS ....................................................................................... .......4 SYSTEM INTRODUCTION.......................................................................................................... .5 SYMBOL INSTRUCTION .................................................................................................... ........5 1 ASSEMBLY AND CONFIGURATION................................................................................6 1.1 HARDWARE INSTALLATION AND CONNECTION ........................................................................6 1.1.1 Mixer Type Supp orted ...........................................................................................6 1.1.2 Hardware Connection Diagram.............................................................................7 1.1.3 Important for Assembly and Connection ...............................................................7 1.2 SOFTWARE INSTALLATION AND CONFIGURATION...................................................................15 1.2.1 Installing Driver and Assistant Software .............................. ...............................15 1.2.2 Configure using Assistant Software on a PC........................................................16 1.2.3 Configure the control mode switch .....................................................................17 1.2.4 Configuration Checking .......................................................................................19 1.2.5 Tools ................................................................................................................. ...20 1.3 COMPASS CALIBRATION ...................................................................................................22 2 BASIC FLYING .............................................................................................................2 3 2.1 C ONTROL MODE INSTRUCTION .........................................................................................23 2.2 FLYING ENVIRONMENT REQUIREMENTS ..............................................................................25 2.3 CHECK LIST BEFORE FLYING...............................................................................................25 2.4 POWER ON AND CHECK ...................................................................................................26 2.5 START MOTORS METHODS ...............................................................................................26 2.6 BASIC FLYING TEST ....................................................................................................... ..28 3 PROTECTION FUNCTIONS SETTING ............................................................................30 3.1 FAILSAFE ................................................................................................................ ......30 3.2 LOW VO LTAGE PROTECTION..............................................................................................31 4 ADVANCED FEATURES................................................................................................334.1 IOC (INTELLIGENT OR IENTATION CONTROL) FUNCTION..........................................................33 4.1.1IOC..................................................................................................................... ...33 3 4.1.2 Cruise Control.............. ........................................................................................37 4.2 SERVO GIMBAL FUNCTION................................................................................................39 4.3 FLIGHT LIMITS ..................... ..........................................................................................39 4.3.1 Max Height, Radius Limits & Home Fence...........................................................39 4.3.2 Flight Limits of Special Areas...............................................................................41 4.3.3 Conditions of Flight Limits...................................................................................43 4.4 PARACHUTE FUN CTION..............................................................................................44 4.5 GEAR FUNCTION ........................................................................................................... .44 4.6 ATTITUDE CONTROL WH EN ONE MOTOR OUTPUT FAILS........................................................45 4.7 DJI ASSISTANT APP USAGE...............................................................................................45 APPENDIX....................................... ..............................................................................48 LED INDICATOR DESCRIPTIONS................................................................................................48 SPECIFICATIONS .................................. .................................................................................49 FAQ ......................................................................................................................... .....50 USE WITH OTHER DJI PRODUCTS ......... ....................................................................................50 CHANNEL MAPPING INSTRUCTIONS FOR PC ASSISTANT SOFTWAR E. .......................................52 RECOMMENDED MAPPING FOR FUTABA TRANSMITTER (MODE 2) USER...........

.... .................54 SETTINGS OF GAIN VAL UES FOR YOUR REFERENCE ........ ..............................................................54 THE TRANSMITTER SETUP OF FUTABA....................................................................................54 DISCLAIMER .................................................................................................................5 6 TRADEMARK ................................................................................................................56

APPENDIX

– C

DJI Phantom 2 Manufacturer’s User Manual

APPENDIX

– D

DJI S1000 Manufacturer’s User ManualAPPENDIX

– E

month:_________(year:________

UAS$#:$___________ Date(Issue( Discovered Date(Issue( Addressed

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other: MONTHLY$MAINTENANCE$LOG

Issue(Description(&(Maintenance(Conducted Maintenance(Performed(By:((( Print(&(Sign