November 4th , 2015

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey

Ave, SE Washington, DC 20590

RE: AeroSolutions Midwest LLC, Owner Shawn Didde REQUEST AN EXEMPTION FROM THE REQUI REMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTI ONS 61.113(a), 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) ALONG WI TH ANY OTHER REQUI REMENTS THE ADMINISTRATO R DEEMS NECESSARY FOR OPERATION OF sUAS CONCERNI NG COMMERCIAL OPERATI ON OF DJ I Phantom 2 and DJ I Phantom 3 UNMANNED AI RCRAFT SYSTEMS PURSUANT TO SECTI ON 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Shawn M. Didde Owner AeroSolutions Midwest LLC 1016 SW Southgate Drive Blue Springs, MO 64015 816

- 522

- 6072 didde@aerosolutionsmidwest.com**Summary**

AeroSolutions Midwest LLC, referred to from this point on as “ASM” was formed on 10

- 05

- 2015 by

Shawn Didde and Neil Hessenflow. Both owners have earned their private pilot certificates in accordance with Title 14 Part 61 of the Federal Regulations. ASM i s seeking an exemption to certain requirements under Title 14 Section 333 of the FAA Modernization and Reform Act of 2012. In order to conduct commercial operations using Unmanned Aircraft Sy stems, ASM is seeking exemptions to the following 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). The commercial operations to be conducted include aerial photography , cinematography , aerial inspections, and surveying.

**I nterests of the Petitioner** 
As co

- owner of ASM, I seek to establish a respectable reputation in the emerging market of UAS based companies. Safety , as well as strict adherence to local, state, and federal regulations will be a priority at ASM. Both owner s of ASM are private pilots and have a high level of passion for aviation and aviation safety . I believe this will be an advantage to our compan y and will help to maintain a high level of professionalism as it pertains to aviation. Currently

both owners have operated DJI Phantom UAS aircraft recreationally without incident. It is my opinion that an exception under section 333 of the Modernization and Reform Act of 2012 is absolutely necessary

for our company

to grow and operate legall y and safel y in the National Airspace.

**Unmanned Aircraft Systems** ASM seeks exemption status to operate the DJ I 2 and DJ I 3 Phantom aircraft sy stems. The DJ I 2 Phantom is a Quad

- rotor, read y to fly sy stem. The diagonal length of the DJ I 2 is 350mm. The max speed is 1 5 meters per second, or approximately 29.15 knots. The DJI2 communicates directly with a ground control station. (GCS) In the case of the DJ I 2 and 3, the GCS is a smart phone or electronic tablet. ASM plans to use Apple Ipads for their flight operatio ns. The DJ I 2 has an approximate weight of 1000 grams. (2.2 pounds) The max takeoff weight is 1300 grams. (2.86 pounds) The DJ I 2 is powered by a 3S LiPo battery

and communicates via a 2.4GHZ ISM controller. The communication distance between the contro ller and the aircraft is listed as 1000 meters. (Open area) The max ascent is 6 meters per second and the max decent is 2 meters per second. The DJ I 3 Phantom is a Quad

- rotor, read y to fly sy stem. The diagonal length of the DJ I 3 is 590 mm. The max s peed is 16 meters per second, or approximately 31.1 knots. The DJI3 communicates directly with a ground control station. (GCS) In the case of the DJ I 2 and 3, the GCS is a smart phone or electronic tablet. ASM plans to use Apple Ipads fortheir flight operations. The DJ I 3 has a max weight of 1280 grams. (2.82 pounds) The

DJI3 is powered by

a 4S L iPo battery

and communicates via a 2.4GHZ

- 2.483 GHZ ISM controller. The communication distance between the controller and the aircraft is listed as 2000 m eters. (Open area) The max ascent is 5 meters per second and the max decent is 3 meters per second.
**14 CFR** § **11.81** In accordance with 14 C.F.R. § 11.81, AeroSolutions Midwest provides the following information in support of its petition for exemption:
**A. Name and Address of Petitioner** Shawn M. Didde 1016 SW Southgate Drive Blue Springs, MO 64015 Ph: 816

- 522

- 6072 Email: didde@aerosolutionsmidwest.com **B. Specific rules for which ASM seeks an exemption from section 14 C.F.R. 1. ASM seeks exemption from the requirements of section 61.113(a).** 
Section 61.113, enti tled Private pilot privileges and limitations: Pilot in command, subsections (a) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft.
**2. ASM 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. ASM seeks exemption from the requirements of section 91.121.** Section 91.121, entitled Altimeter settings, subsection (a), state s 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, b y 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. ASM seeks exemption from the requirements of section 91.151 (a) and (b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (a), states the following: (a) No person may

begin a flight in an airplane under VFR conditions unless there is enough fuel to fl y to the first point of intended landing and, assuming normal cruising speed

- (1) During the day , to fly after that for at least 30 minutes; or (2) At night, to fl y after that for at least 45 minutes. 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 fl y after that for at least 20 minutes. **5. ASM seeks exemption from the requirements 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 p rescribed 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. ASM seeks exemption from the requirements of sectio n 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 b y a person authorized under § 43.7

of this chapter[.] **7. ASM seeks exemption from the requirements of section 91.409(a)(1)(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 b y 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. ASM seeks exemption from the requirements of sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with § 91.411 and § 91.413, each registered owner or operator s hall 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 which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.(v) The current status of applicable airworthiness directives (AD) and safety

directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safet y directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the f ollowing 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 b y other work or for 1 ye ar 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 or operator under § 43.11 of this chapter shall be ret ained until the defects are repaired and the aircraft is approved for return to service.

**C. The extent of relief that ASM seeks and the reason ASM seeks the relief.**
1.) **Extent Of relief ASM seeks and the reason ASM seeks relief from section 61.113(a).**  Relief from Section 61.113(a) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certi ficate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

ASM seeks the relief due to the fact that the d ynamics of flight in a small un

- manned aircraft (Less than 55 lbs) differs from the manned aircraft requiring a certified pilot. Both owners of ASM have been certified private pilots and understand the level of situational awareness needed when operating an y aircraft, manned or un

- manned. ASM intends to hold eve ry

pilot to a high standard when operating UAS. ASM will mandate that all pilots complete at least 25 hours flight time under supervision from a certified pilot before conducting any commercial operations. ASM will ensure that all pilots willbe trained on evasive maneuvers, airspace classifications and restrictions, emergency

landings, and other safety considerations. All ASM pilots will maintain a valid driver’s license as well as a bi

- annual phy sical to maintain the level of accountability and safet y as set forth b y the FAA. Furthermore, ASM will comply with all regulations put in place by the FAA and the future and will develop internal policies for operation based on those regulations and the suggestions given b y the FAA.
**2. Extent of relief AS M seeks and the reason ASM 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 ASM to determine that the DJ I Phantom 2 and 3 UAS are in airworth y condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents. (DJIPhantom flight manuals, monthly maintenance logs, and ASM specific operating documents) ASM seeks the requested relief because the DJ I Phantom 2 and 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. ASM will ensure that the DJ I Phantom 2 and 3 UAS are in airworthy condition based upon its compliance with the operating documents prior to every flight, and further, determine that the aircraft are in condition for safe flight. ASM will not allow operation of the UAS in conditions where no rmal VFR operations are prohibited. ASM will also comply

with all recommended and mandated flight operation levels/restrictions as set forth by the FAA. ASM will not allow any UAS to conduct commercial operations that are in need of repair, or are not fu nctioning at safe operating levels. Pre

- flight inspections to determine the airworthiness of the UAS will be conducted prior to every

flight.

**3. Extent of relief ASM seeks and the reason ASM seeks relief from section 91.121.** Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJ I Phantom 2 and 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitu de information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), ASM seeks the requested re lief because the DJ I Phantom 2 and 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. An equivalent level of safet y will be maintained since the DJ I Phantom 2 and 3 UAS are equipped with a barometric pressure sensor and GPS equipm ent, 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.**4.) Extent of relief ASM seeks and the reason A SM seeks relief from section** 

**91.151(b).** Relief from 91.151(b), “No person may begin a flight in a rotorcraft under VFR conditions unless there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that at least 20 minutes.” The DJ I Phantom 2 and 3 UAS are powered by batteries. For this purpose, the batteries could be referred to as the UAS fuel source. The UAS are limited on flight times based on the battery used. The exemption is requested becau se it would severely hamper the time the UAS is allowed to fly

due 91.151 stating that the aircraft must be able to fly 20 minutes past its intended point of landing. This rule would not be practical to ASM based on our intended operations. Furthermore, we seek the exemption because all flight missions with our UAS will require a Forward Observer (FO). The FO and PIC will maintain a line of sight with the UAS while it is airborne at all times. Also, both UAS are equipped with the technology

to “Return t o home.” This allows the UAS to return on its own to the point of takeoff should the battery level get too low or should the UAS lose contact with the ground station. **5.) Extent of relief ASM seeks and the reason ASM seeks relief from section 91.405 (a**  **), 91.407(a)1, 91.409(a1,a2), 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) onl y apply to aircraft with an airworthiness certificate, ASM requests relief from these Sections because the DJ I Phantom 2 and 3 UAS do not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 2 and 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, ASM will use trained technicians to per form maintenance, alterations, and preventative maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., ASM operating procedure manual, DJ I Phantom 2 and 3 manuals, FAA recommendations and regulations, etc.). Furthermore, ASM will document and maintain all maintenance records for the DJ I Phantom 2 and 3 UAS. Flight logs will be maintained and an y recommendations concerning the replacement of parts due to usage will be adhered to.
**D.) The rea sons why granting ASM’s request would be in the public interest; How**  **it would benefit the public as a whole:**
Granting ASM the exemption request would benefit the public in several way s. The National Airspace (NAS) would be less congested as the UAS is a ble to operate at much lower altitudes than manned aircraft. This will decrease the number of manned flights that can complete the same or similar tasks. During operation, the UAS will not enter any controlled airspace. The UAS can therefore stay out of the flight path of all manned aircraft and will not interfere with an y ATC communications between ATC and other pilots.The public will also benefit from this exemption as it relates to safet y. The proposed

UAS to be utilized by

ASM are lightweight. Both sy stems weigh less than 3 pounds. If the UAS were to fail in flight, the risk to persons and propert y on the ground are substantially

lower than that of a much larger manned aircraft. With the use of a Forward Observer, along with the requirement th at the PIC and FO will maintain visual line of sight, and the fact that the UAS will not fly directly overhead of persons not directly involved with the flight, the proposed operations of these small UAS are very safe. As an added safet y measure, the Phantom 2 and 3 UAS are both equipped with technology that would guide the UAS back to the area of takeoff in the event that the battery was critically low or the UAS communication with the ground station was interrupted. Allowing this exemption would also h elp to stimulate the economy of the community

. Operation of the UAS for ASM is crucial to our business model. The services provided by us can benefit other companies financiall y if they are allowed to use them. UAS for commercial purposes is an emerging market and could potentially create a high demand for jobs in the industry

. The low level of noise created and the lack of pollution created b y the UAS will also benefit the public. The UAS will be able to comply with local, state, and federal regulat ions as it pertains to noise and pollution based on the small size and design of the UAS.

**E. The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by**  **the rule from which ASM seeks exemption.** The level of safet y for all requested exemptions can be upheld or increased while conducting UAS operations. The size, speed, technology , and maneuverability make the UAS listed in this exemption request remarkabl y s afe. The private pilot ASM owners will incorporate their knowledge and experience into all operations conduced by ASM. Along with the skill and experience of the PI Cs, the design of the proposed UAS, and the operating documents, UAS flight operations under these exemptions allow for operations that are as safe as or safer than the current rules because the current rules were not tailored to UAS operations when they w ere created. The suggestions, regulations, and guidance from the FAA will allow for a safer operation under this exemption. Additionally , ASM will monitor local Unicom frequencies when conducting an y operations, increasing situational awareness b y list ening to manned aircraft that may be operating in the area. **1. Reasons why the DJI Phantom 2 and 3 UAS meet the conditions of the FAA FMRA Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the

unm anned aircraft and its operation, ASM’s operation of the DJ I Phantom 2 and 3 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 public, or otherwise pose a threat to national security . Specifically , FMRA Section 333 states th e 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 op erate 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. 15 (b ) Assessment of Unmanned Aircraft Systems.

--In making the determination u nder 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 ce rtification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain un manned 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, ASM submits that the DJIPhantom 2 and 3 UAS can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 2 and 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The specifica tions of the DJI Phantom 2 and 3 UAS demonstrate its safe**  **characteristics.** The DJ I Phantom 2 and 3 UAS does 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 and 3 UAS.**  The technical specifications of the DJ I Phantom 2 and 3 UAS are set forth by the DJ I Phantom 2 and 3 User Manuals, attached to this request. **ii. The DJI Phantom 2 and 3 UAS global positioning mode enable UAS to remain within a defined operational ar**  **ea.**The DJ I Phantom 2 and 3 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 2 and 3 UAS is provided in the DJ I Phantom 2 and 3 User Manuals attached.
**ii i. The DJI Phantom 2 and 3 UAS are designed for automatic return to home point**  **or hover in the event of loss of the control link or navigation.** When the Control L ink is lost, the DJIPhantom 2 and 3 UAS will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2 or 3 UAS does not reacquire control link data from the GCS, the UAS will assume that the Control L ink is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeo ff position and shutdown. **iv. The DJI Phantom 2 and 3 GCS and its operation.** A complete description of the operation and specifications of the DJ I Phantom 2 and 3 GCS and flight control software is provided in the respective user manuals. **b. Flight op erations of DJI Phantom 2 and 3 UAS is limited to the line of sight of a**  **certificated pilot in command with a Forward Observer.** ASM employ ees will be the only persons to act as a pilot in command (PI C) of the DJ I Phantom 2 and 3 UAS. Additionally , a Forward Observer will assist him or her at all times during flight time. **c. Flights Of DJI Phantom 2 and 3 UAS will be conducted pursuant to specific operating limitations.**  In seeking this exemption, ASM proposes to commerciall y operate DJ I Phantom 2 and 3 UAS for the special purpose of conducting aerial video and photograph y over certain areas 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 UAS weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 and 3 Unmanned Aircraft Sy stems. 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 photograph y. 3. The UAS may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated b y the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must bein feet AGL.

5. The UAS must be ope rated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or Forward Observer (FO) is not permitted. 7. All operations must utilize a Forward Observer. The FO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability . The FO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the FO can perform the functions prescribed in the operating documents. 8. The FO must not perform any other duties bey ond assisting the PI C 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 operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and l imitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedur es as outlined in its operating documents. The operator may update or revise its 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 amendment to the grant of exemption. If the operator determines that an y 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 (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C 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 un dergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component,must undergo a functional test flight. The PI C who conducts the functional test flight

must make an entry

in the ai rcraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordan ce with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS 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 discrep ancies discovered between inspections. 17. The PI C 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 PI C meets the operator’s qualificat ion criteria and demonstrates the ability to safel y 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, vehicle s and structures. PI C 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 onl y be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered non

- participants, and the PIC must operate the UA with appropriate distance from non

- participants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC ). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may

not operate within 5 nautical miles of an airpo rt reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreementwith that airport’s management is obtained, and the operation is conducted in

accordance with a NOTAM as required b y 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 visibility is less than 3 statute miles from the PI C. 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 ac cordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and forec ast 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 Authorization (COA) prior to conducting an y 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 operatio n. All operations shall 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 number, 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 fre quency 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 av ailable to the PI C 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 yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y 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 PI C, FO, operator trainees or essential persons),vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are 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 PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not pre sent an undue hazard, and; c. Operations nearer to the PI C, FO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized 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 b y 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 Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.
**A summary that can be published in the Federal Register, stating: The rules from which ASM seeks exemption:**  AeroSolutions Mid

west, represented by Co

- Owner and private pilot Shawn Didde, seeks exemption from the requirements of 14 C.F.R Sections 61.113(a), 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 ASM seeks:** This exemption will permit ASM to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and Photography functions over certain areas of the United S tates.**Conclusion**

ASM 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 DJIPhantom 2 and 3 UAS commercially , without an airworthiness cert ificate, for the limited purpose of conducting aerial video and photograph y 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 20 12, while also advancing the interests of the public, by allowing ASM to safely , efficiently , and economicall y operate the DJIPhantom 2 and 3 UAS commerciall y within the NAS.
In accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, ASM respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a), 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), along with any other requirements the Administrator deems necessary for operation of UAS and permit ASM to operate the DJ I Phantom 2 and 3 UAS commerciall y for the purpose of conducting aerial video and photograph y related functions ov er certain areas of the United States.

Respectfully

Submitted,

Shawn Didde Co

- Owner

- AeroSolutions Midwest 1016 SW Southgate Drive Blue Springs, MO 64015 (816)522

- 6072 didde@aerosolutionsmidwest.com

User manuals and all other supporting documents for the DJ I Phantom 2 + and the DJ I Phantom 3 Advanced s ys tems can be found online at http://www.dji.com