**PETITION FOR EXEMPTION OF:**

**UXO RECON.LLC F**  **ederal Employ er ID #: 47** 

**- 2720320** 

**FOR A N EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**  **TITLE 14 OF THE CODE OF FEDERA L REGULA** **TIONS 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), A ND 91.417(a) & (b) CONCERNING COMMERCIA**  **L OPERA** **TION OF a) DJI PHA NTO**  **M 2 VISION+ UNMA**  **NNED AI**  **RCRAFT SYSTEMS PURSUA NT TO SECTION 333 OF**  **THE FAA**

**MODERNIZA TION A**  **ND REFORM A CT OF 2012**  **(PUBLIC LA**

**W 112**

**- 95)**  Submitted on 9 JUNE 2015 UXO RECO N.LLC Ellis E Reno,Owner PO Box 733 Helendale, CA 92342 507

- 828

- 8790 sales@uxorecon.com Uxo Recon.LLC 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 91.4 17(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 UXO RECON.LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducti ng aerial video and photography for real estate photography, film landscape over certain areas of the United States. **INTRODUCTION AND INTERESTS OF THE PETITIONER**  My name is Ellis E Reno., Owner/President of UXO RECON.LLC, It is my mission to provide my cli ents with expertise and knowledge in all aspects of picture, video & audio production, as well as provide them with advanced technologies & solutions that will increase efficiency, productivity a nd effectiveness. UXO RECON.LLC also provides clients with th e highest quality digital content for use in their commercial, personal, and

non

- profit mul timedia projects. UXO RECON.LLC has several years of professional experience inphotography and videography and has become recognized as an expert in this field. UXO RECON.LLC has 10 years of recreational/hobby experience in all aspects of aerial video and photography. The objective of UXO RECON.LLC aerial video and photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting: • Real Estate Videography and Photography • Land survey & appraisals • Equipment Inspections • Construction sites before & after • Precision Agriculture • Search and Rescue Operations• Increase public knowledge of UAS and promote safe UAS operations.

**BA CKGROUND**  Unmanned Aircraft Systems: DJI Phantom 2 Vision+, UAS UXO RECON.LLC seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2 Vision+ vertical takeoff and landi ng (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision+ has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 1 6 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Pha ntom 2 Vision+ UAs that will be operated by UXO RECON.LLC 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 Registratio n Marking

. **BA SIS FOR PETITION**  Petitioner, UXO RECON.LLC ., pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 2 Vision+, DJI Inspire 1 UASs 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, DRONE NY, Inc. operation of DJI Phantom 2 Vision+ UAS mee ts 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, UXO RECON.LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. UXO RECON.LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. UXO REC ON.LLC . will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Pha ntom 2 Vision+ Instruction Manua l). Furthermore, UXO RECON.LLC will document and maintain all maintenance records for the DJI Phantom 2 Vision+ UAS

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by UXO RECON.LLC . tothe 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 mini mum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. UXO RECON.LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 2 Vision+ UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, UXO RECON.LLC submits that they will ensure that the DJI Phantom 2 Vision+ UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Pha ntom 2 Vision+ Instruction Manual), and that the aircraft are in a condition for safe flight. UXO RECON.LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 Vision+ UAS will not have a typ ical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 Vision+ 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 GC S for active monitoring of the flight path. This altitude informati on, combined with UXO RECON.LLC operation of the DJI Phantom 2 Vision+ UA S within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121

. Additionally, UXO RECON.LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for fli ght in VFR conditions. UXO RECON.LLC submits that safety will not be affected by operation of the DJI Phantom 2 Vision+ UAS durin g 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, UXO RECON.LLC provides the following information in support of its petition for exemption: **A. Name A**  **nd Ad**  **dress Of The Petitioner.** The name and address of the Petitioner and point of contact is:

Ellis E Reno,Owner UXO RECON.LLC PO Box 733 Helendale, CA 92342 507

- 828

- 8790 sales@uxorecon.com

**B. The Specific Sections Of 14 C.F.R. From Which**  **UXO RECON.LLC Seeks**  **Exemption.** 1. UXO RECON.LLC Seeks Exemption From The Requirements Of Section**Part 21, Subpart H**

14 C.F.R. Part 21, Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1) **2. UXO RECON.LLC**  **Seeks Exemption From The Requirements Of Section**  **61.113(a) A nd (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 ce rtificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. **3. UXO RECON.LLC**  **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. **4. UXO RECON.LLC**  **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 t he 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 wi thin the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or 8 (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appro priate altimeter setting available before departure. **5. UXO RECON.LLC**  **Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions

, subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minu tes. **6. UXO RECON.LLC**  **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 paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **7. UXO RECON.LLC**  **Seeks Exemption From The Requirements Of Secti on**  **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[.] **8. UXO RECON.LLC**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1) A** **nd 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 i n 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. 9 **9. UXO RECON.LLC**  **Seeks Exemption From The Requirements Of Sections 91.417(a) A** **nd 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, eac h registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, 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. (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 whic h 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 involves recurring action, the time and d ate when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in pa ragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are rep aired and the aircraft is approved for return to service. 10 **C. The Extent Of Relief**  **UXO RECON.LLC See**  **ks A nd The Reason**  **UXO RECON.LLC**  **Seeks The Relief. 1.**  **UXO RECON.LLC Seeks Exemption From The Requirements Of Section Part 21,**  **Subpart H** Given the size and limited operating area associated with the UAS to be utilized by **UXO RECON.LLC** an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without

an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a con ventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions of the proposed UAS operations. **2. Extent Of Relief**  **UXO RECON.LLC See**  **ks A nd The Reason**  **UXO RECON.LLC Seeks Relief From Section 61.113(a) A**  **nd (b).** Relie f 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 holding a private

pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight 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 pilo t 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 hi re. As set forth more fully below, **UXO RECON.LLC** submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+ UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Ph antom 2 Vision+ UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropria te distances from people, vessels, vehicles and structures. 11 Further, **UXO RECON.LLC** submits that all flights of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to **UXO RECON.LLC**  business; and (2) will not carry passengers or property for compensation or hire. **3. Extent Of Relief**  **UXO RECON.LLC Seeks**  **An d The Reason**  **UXO RECON.LLC Seeks Relief From Section 91.7(a)** 

. Relief from Section 91.7(a) entitled Civil aircraft airworth iness , is requested to the extent required to allow DRONE NY, Inc. to determine that the DJI Phantom 2 Vision+ U AS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating docu ments (i.e., the **UXO RECON. LLC**  Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual). **UXO RECON.LLC** seeks the requested relief because the DJI Phantom 2 Vision + UAS do not require an airworthiness certificate in accordance with 14 C.F.R. P art 21, Subpart H. Therefore, DRONE NY, Inc. will ensure that the DJI Phantom 2 Vision+ UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual) pr ior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **4. Extent Of Relief DRONE NY, Inc. See ks A**  **nd The Reason UXO RECON.LLC**  **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 Vision+ UAS which utilize abarometric pressure sensor, GPS equipment, and a radio communications telemetry

data link to downlink alti tude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), **UXO RECON.LLC** seeks the requested relief because the DJI Phantom 2 Vision+ UAS altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 Vision+ is equipped with

a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS. 12 **5. Ext** **ent Of Relief UXO RECON.LLC**  **See ks A**  **nd The Reason UXO RECON.LLC**  **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 Vision+ during daylight 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 t hat for at least 4.5 minutes. DRONE NY, Inc. seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight operations that **UXO RECON.LLC** proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision+ UAS , the DJI Pha ntom 2 Vision+ operating documents, and **UXO RECON.LLC** proposed operating limitations, ensure that **UXO RECON.LLC**  will safely operate the battery powered DJI P hantom 2 Vision+ 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 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. **6. Extent Of Relief**  **UXO RECON.LLC Seeks A**  **nd The Reason DRONE NY, Inc. Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A**  **nd 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, DRONE NY, Inc. requests relief from these Sections because the DJI Phantom 2 Visio n+ UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+ UAS meet the conditions of FMRA Section 333 for operation without anairworthin es s certificate. Accordingly, **UXO RECON.LLC** . will use trained technicians to

perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the **UXO RECON.L LC**  Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual). Furthermore, **UXO RECON.LLC**  will document and maintain all maintenance records for the DJI Phantom 2 Vision+ UAS 13 **D. The Reasons Why**

**Granting UXO RECON.LLC**  **Request Would Be In The Public Interest; That Is, How It Would Benefit The Public A**  **s A Whole.**  Granting the present Petition will further the publi c interest by allowing **UXO RECON.LLC**  to safely, efficiently, and eco nomically perform aerial video and photography of, real estate , special events, precision agriculture, land survey & appraisal, construction sites, equipment & roof inspections, landscape over certain areas of the United States. Additionally, use of the D JI Phantom 2 Vision+ UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably , the benefits of **UXO RECON.LLC** proposed operation of the DJI Phantom 2 Vision+ UAS will be realized without implicatin g any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NA S.**  The DJI Phantom 2 Vision+ UAs is battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aeri al imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+ UAS would 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 around airports caused by arriving and departing aircraft will be reduced. The DJI Phan tom 2 Vision+ 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, ar rival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety A nd Efficiency**  **Of The DJI Phantom 2 Vision+ UA** **S**

**.** Conducting aerial acquisitions with the DJI Phan tom 2 Vision+ UAS, 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 Vision+ UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography,while burning approximately 20

- 30 gallons per hour of leaded av iation fuel. The DJI

Pha ntom 2 Vision+ 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. 14 By using th e DJI Phan tom 2 Vision+ UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Pha ntom 2 Vision+ UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces , at the maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property on 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 34 feet, and a fuel capacity of 180 gallons). **3. Performing A erial Video and Photography**  **Operations With The DJI Phantom 2 Vision+ UA** **S Will Benefit The E**  **conomy**

**.** In addition to being safe and efficient, the DJI Pha ntom 2 Vision+ UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Pha ntom 2 Vision+ UAS will allow United States b as ed companies, like **UXO RECON.LLC** ., 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 fuel s, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 2 Vision+ UAS is one such technology that not only allows companies greater operational flexibility com pared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 2 Vision+ UAS , companies such as **UXO RECON.LLC** ., 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 Vision+ UAS , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There A re No Privacy**  **Issues.** Similar to the manned aerial acquisition flight operations that have been conducted fordecades, **UXO RECON.LLC** proposed operation of the DJI Phantom 2 Vision+ UAS will

not implicate any privacy issues. Specifically, the DJI Phantom 2 Vision+ UAS will be operated only in compliance with operating docume nts (i.e., the **UXO RECON.LLC** . Aerial Operations Manual, Monthly Maintenance Log, and DJI Pha ntom 2 Vision+ Instruction Manual) which requires 15 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. 16 **E. The Reasons Why**

**Granting The Exemption Would Not A dv** **ersely A**  **ffect Safety, Or How The Exemption Would**  **Provide A Lev** **el Of Safety**

**A t Least Equal To That**  **Provided By**

**Th e Rule From Which**  **UXO RECON.LLC Seeks Exemption.**  **1. Reasons Why**

**The DJI Pha ntom 2 Vision+**  **UA s Meet The**  **Conditions Of The FAA Modernization and Reform A** **ct of 2012 (FMRA ) Section**  **333.** In conside ration of the size, weight, speed, and limited operating area associated with the unmanned aircraft a nd its operation, **UXO RECON.LLC** operation of the DJI Phantom 2 Vision+ UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the p ublic, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act 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 certi

ficate 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 Operati on.

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

In seeking this exemption, DRONE NY, Inc. submits that the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations. 17 **a. The Specifications Of The DJI Phantom 2 Visio+ UA** **S Demonstrate Its Safe Characteristics.**  The DJI Phantom 2 Vision+ UAS 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 Vision+ UA** **S**

**.** The technical specific ations of the DJI Phantom 2 Vision+ UAS are set forth by the DJI Pha ntom 2 Vision+ a Specifications and Data Sheet, attached hereto as Exhibit A and B

. **ii. The DJI Phantom 2 Vision+ UA** **S Au**  **tonomous Flight A nd**  **Navigation Modes Enable The UA Ss To Remain**  **Within A Defined Operational**  **Ar ea.**  The DJI Phantom 2 Vision+ UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs are provided at pages 23

- 41 of the DJI Phantom 2 Vision+; and pages 12

- 18 and 45

- 52 of the DJI Inspire 1 User Manuals, attached hereto as Exhibit C and D. **iii. The DJI Phantom 2 Vision+ UA** **S Ar** **e Designed For Au**  **tomatic Return To Home Point Or Hover In The Event Of Loss Of The Control**  **Link Or Navigation.** Wh en the Control Link is lost, the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+ UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions for the DJ I Phantom 2 Vision+ UAS are set forth at pages 32 through 34 of the DJI Phantom 2 Vision+ User Manual; and for the DJI Inspire 1 at pages 13 through 15 of the DJI Inspire 1 User Manual, attached hereto

as Exhibit C and D. **iv. The DJI Pha ntom 2 Vision+ GCS**  **An d Its Operation.**  A complete description of the operation and specifications of the DJI Phantom 2 Vision+ flight control software is provided at pages 7 through 17 of the DJI Phantom 2 Vision+ User Manual; and pages 24 through 3 4 of . DJI Pha ntom 2 Visi on+ User Manuals are attached hereto

as Exhibits C and D. **b. Flight Operations Of DJI Phantom 2 Vision+ UA**  **s A re** **Limited To The Line Of Sight Of A Certificated Pilot in Command With A**  **Safety Observer.**  **UXO RECON.LLC** . will only utilize certificated pilots who possess a current and valid 18 airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots during flight time. **c. Flights Of DJI Phantom 2 Vis**  **ion+ UA S**  **Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, **UXO RECON.LLC** proposes to commercially operate DJI Phantom 2 Vision+ UAS for the special purpose of conducting aerial video and photography over certain area s of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds m aximum gross weight: DJI Phantom 2 Vision+ and DJI Inspire 1 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 condu cting operations for the purpose of aerial video and photography. 3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the proc edures 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 line of sight (VLOS) of the PIC at all times. This requires the P IC 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 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 exemption must be accessible during UAS 19 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 theprocedures outlined in the opera ting 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 its operat ing documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AF S

- 80) may be contacted 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 compon ent, 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 equipm ent, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry o ut its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total ti me in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate.20

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 ma neuvers 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 un der visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not ope rate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibi lity 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 predetermined 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 Wa iver or Authorization (COA) prior to conducting any op erations 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 shall be conducted in accordance with airspace requirements inthe 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 number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 21 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or 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 ti mes. 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 persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such prot ection. If a situation 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 permission 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 trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authoriz ed representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

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

.

**2. Reasons Why**

**A n Exemption From The Requirements Of Section 61.113(a) A** **nd (b) Would Not A** **dversely A**  **ffect Safety**

**. UXO RECON.LLC**  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 Vision+ UAS unless that PIC has demonstrated, by 22 meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Pha ntom 2 Vision+ UAS in a manner consistent with the exemption , including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering **UXO RECON.LLC** , Inc.’s proposed area of operations, and the operating limitations set forth

- above; the parallel nat ure of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 Vision+ UAS, **UXO RECON.LLC**  . submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship ski lls necessary for **UXO RECON.LLC** ’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). **UXO RECON.LLC**

. will not allow any PIC to operate the DJI Phantom 2 Vision+ UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Ph antom 2 Vision+ UAS training and currency requirements, that the PIC is able to safely operate the D JI Phantom 2 Vision+ UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total 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 documented flight experience that was obtained in compliance with applicable regula tions will ensure an equivalent level of safety during **UXO RECON.LLC** ’ proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance 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 haveaccumulated 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 23 FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of mult i

- 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 landings in the preceding 90 days (for currency purposes). The FAA finds that at a mini mum, 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 o btained 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, DRONE NY, Inc. will ensure safe operations by not allowing any PIC to operat e the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with t he exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **3. Reasons Why**

**A n Exemption From The Requirements Of Section 91.7(a)**  **Would Not A dv** **ersely A ffect Safety** 

**.** The equivalent level of safety established by Section 91.7(a) will be maintained because prio r to every flight, **UXO RECON.LLC** . will ensure that the DJI Phantom 2 Vision+ UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 1 1062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why**

**A n Exemption From The Requirements Of Section 91.121 Would** **Not Ad**  **versely A**  **ffect Safety**

**.** The equivalen t level of safety established by Section 91.121 will be maintained because the altitude information of the D JI Phantom 2 Vision+ 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 DRONE NY, Inc.’ operation of the DJI Phan tom 2 Vision+ UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. 24 Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why**

**A n Exemption From The Requirements Of Section 91.151(b)**  **Would Not A dv** **ersely A ffect 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 resu lt of (1) the technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, DRONE NY, Inc. will ensure that it will safely operate the battery powered DJI Phantom 2 Vision+ UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly a fter that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 Vision+ UAs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent le vel of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the fi rst 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+ UAS will descend and land automatically. Significantly, previous exempt ions 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 th e 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**

**A n Exemption From The Requirements Of Sections 91.405(a),**  **91.40 7(a)(1), 91.409(a)(1) & (a)(2),**  **An d 91.417(a) & (b) Would Not A** **dv ersely** **A ffect**  **Safety**

**.** In seeking this exemption, **UXO RECON.LLC** submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established 25 by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because **UXO RECON.LLC** will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating docu ments (i.e., the **UXO RECON.LLC** Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manu al). Furthermore, **UXO RECON.LLC** will document and maintain all maintenance records for the DJI Phantom 2 Vision+ UAS

. Since the DJI Phantom 2 Vision+ UAS will be inspected as prescribed by the ope rating documents, **UXO RECON.LLC** 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 Pha ntom 2 Vision+ User Manuals are attached hereto as Exhibit C and D ; a copy of the DJI Phan tom 2 Vision+ UAS Maintenance LOG is attached hereto as Exhibit E

. Likewise, the exemption sought will not adversely affect safety because **UXO RECON.LLC**  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 maintai n an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phan tom 2 Vision+ U AS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of **UXO RECON.LLC** proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 Vision+ **UXO RECON.LLC**  submits that safety will not be adversely affected by gra nting 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 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). **7. The FAA**

**Ma y**  **Prescribe A ny** 

**Other Conditions For Safe Operation.**In accordance with Section 333 of the FAA Modernization and Reform Act of

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, DRONE NY, Inc. requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established 26 by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91. 409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose

a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or prop eller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended op eration of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61. 113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **F. A**  **Summary**

**That Can Be Published In The Federal Register, stating: The**  **Rules From Which UXO RECON.LLC**  **Seeks Exemption: UXO RECON.LLC**  seeks exem ption 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 UXO RECON.LLC**  **Seeks:** This exem

ption will per

mit **UXO RECON.LLC** to commercially operate an UnmannedAircraft System (UAS) for the purpose of conducting aerial video and photography over

certain areas of the United States. 27 **An y**  **Ad ditional Information, Views, Or A** **rguments A vailable To Support**  **UXO RECON.LLC**  **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, **UXO RECON.LLC** request fo r exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose

a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, **UXO RECON.LLC** will operate the DJI Phantom 2 Vision+ UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. 28 29 APPENDIX

– A **DJI PHA NTOM 2 VISION+ TECHNICA**  **L SPECIFICA TIONS**  DRONE NY, Inc. only utilizes safe and reliable UASs. DJI is an industry leader in smal l 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 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) 1.1 DJI Phantom 2 Vision+ 1.1.1 Aircraft 1.1.1.1 Supporte d Battery

– DJI 5200mAH LiPo Battery 1.1.1.2 We ight (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 0 /s 1.1.1.5 Max Tilt Angel

- 35 0 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 Wo rking Current

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

- ±0.03 0 1.1.2.3 Controllable Range

– Pitch:

- 90 0

- 0 01.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s

1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

– 4384x3288 1.1.3.5 HD Video Recording

– 1080 p30 & 720p 1.1.3.6 Recording Field of View

- 110 0 /85 0 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 Wo rking Voltage

– 120mA@3.7V 30 1.1.5 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 3 0 APPENDIX

– B 

### DJI PHA **NTOM 2 VISION+ Manufacturer’s User Manual**  User manual can be found at: http://www.dji.com/product/phantom

- 2

-vision/download APPENDIX

- C 31

**MONTHLY(MAINTENANCE(LOG**
month:'__________''year:''_________ **UA S(#:(______________**  Date'Issue' Discovered Date'Issue' Addressed Software'Updates Airframe Engines Propellers Camera'Gimbal Landing'Gear Vibration'Dampening Other: Maintenance'Performed'by:'''''''''''''' Issue''Description'&'Maintenance'Conducted Print'&'Sign