UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Christopher D. Pendleton FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 1, DJI INSPIRE 1, DJI PHANTOM 3 AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on May 15, 2015
Christopher D. Pendleton 6770 W Via Tres Casas Tucson, AZ 85743 Tel: (520) 275-16632 TABLE OF CONTENTS
Page

GLOSSARY OF ABBREVIATIONS...................................................................................3

SUMMARY...........................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4

BACKGROUND....................................................................................................................4

BASIS FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETITIONER.............................................................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CHRISTOPHER D. PENDLETON SEEKS EXEMPTION.......................................................................7

THE EXTENT OF RELIEF CHRISTOPHER D. PENDLETON AND THE REASON CHRISTOPHER D. PENDLETON SEEKS THE RELIEF..................12

THE REASONS WHY GRANTING CHRISTOPHER D. PENDLETON’S REQUEST WOULD BE IN THE PUBLIC INTEREST ......................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY..........................................................................18

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......35

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT CHRISTOPHER D. PENDLETON’S REQUEST...............................................................................................................35

CONCLUSION....................................................................................................................36

APPENDICES........................................................................................383 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level
AOI Area of Interest
ATC Air Traffic Control ATO Air Traffic Organization
AV Aerial Vehicle CFR Code of Federal Regulations
COA Certificate of Authorization
FAA Federal Aviation Administration FAR Federal Aviation Regulation
GCS Ground Control Station GPS Global Positioning System
LOL Loss of Link NAS National Airspace System
NOTAM Notice to Airman
PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures
UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules
VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 SUMMARY
Christopher D. Pendleton seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Christopher D. Pendleton to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, re al estate, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER
Christopher D. Pendleton provides clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectivene ss. Christopher D. Pendleton is a FAA licensed pilot that holds a Commercial Single En gine Land, and Multi-Engine Land Instrument Airplane Certificates. In addition, he holds FAA Ground Instructor - Advance certificate. He has over 400 hours of flight time. Chri stopher D. Pendleton has owned a UAS for recreational/hobby purposes for 17 months and has over 75 hours of UAS experience. The objective Christopher D. Pendleton’s aerial video and photography operations is to provide high quality imaging for a variety of commer cial, public, and residential uses, specifically targeting:

• Real estate and private property aerial photography

• Aerial acquisitions used for inspections of public and private structures.

• Increase public knowledge of UAS and promote safe UAS operations.

BACKGROUND
Unmanned Aircraft Systems: DJI Phantom 1, DJI Inspire 1, DJI Phantom 3
Christopher D. Pendleton seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Stati on5

(GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6.47 lbs, a length of 17.2 inches, width of 17.75 inches, a height of 11.85 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 3 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches and a maximum speed of approximately 42 knots. The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS are equipped with four main rotors; driven by Lithium Polymer battery powered electric

motors.

The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS that will be operated by Christopher D. Pendleton will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION
Petitioner, Christopher D. Pendleton, 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 1, DJI Inspi re 1, DJI Phantom 3 UAS 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 associa ted with the unmanned aircraft and its operation, Christopher D. Pendleton’s operation of DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance w ith 14 C.F.R. Part 21, Subpart H.6

Accordingly, Christopher D. Pendleton 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 airworthine ss certificate.

Christopher D. Pendleton submits that the requested relief is proper since an equival ent level of safety will be ensured. Christopher D. Pendleton will use experienced per sonnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS s using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS Manual). Furthermore, Christopher D. Pendleton will document and maintain all maintenance records for the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS .

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Christopher D. Pendleton to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who ha s demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is able to s afely operate the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Christopher D. Pendleton seeks relief from Section 91.7(a), entitled Civil aircraft
airworthiness , because the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpa rt H. As such, Christopher D. Pendleton submits that he will ensure that the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS are in an airworthy condition, prior to every flight, b y determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS Instruction Manual), and that the aircraft is in a condition for safe flight.7

Christopher D. Pendleton also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry dat a link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Christopher D. Pendleton’s operation of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Christopher D. Pendleton seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . Christopher D. Pendleton submits that safety will not be affected by operation of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a tota l 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, Christopher D. Pendleton provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is:
Christopher D. Pendleton 6770 W Via Tres Casas Tucson, AZ 85743 Tel: (520) 275-1663 Email: chris@TucsonRealPros.com
B. The Specific Sections Of 14 C.F.R. From Which Christopher D. Pendlet on Seeks Exemption.
1. Christopher D. Pendleton Seeks Exemption From The Requirements Of Section 61.113(a) And (b).8 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 certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that 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.

2. Christopher D. Pendleton 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 condit ion.

3. Christopher D. Pendleton Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following , in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an alti meter 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;9 (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. Christopher D. Pendleton 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 minutes.

5. Christopher D. Pendleton Seeks Exemption From The Requirement O f Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft— (a) Shall have that aircraft inspected as prescribed in subpart E of this part a nd 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. Christopher D. Pendleton Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration
, subsection (a)(1), states the following:10 (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless--

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

7. Christopher D. Pendleton Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

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

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

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. Christopher D. Pendleton Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for 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) and11 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 safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.12 (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 retaine d until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retaine d
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 repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Christopher D. Pendleton Seeks And The Reas on Christopher D. Pendleton Seeks The Relief.

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

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:
Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman m edical certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connecti on with any business or employment if: (1) The flight is only incidental to that busines s or employment; and (2) The aircraft does not carry passengers or property for compensation
or hire.13

As set forth more fully below, Christopher D. Pendleton submits that an equivalent leve l of safety will be maintained because no PIC will be allowed to operate the DJI Pha ntom 1, DJI Inspire 1, DJI Phantom 3 UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Christopher D. Pendleton submits that all flights of the DJI Phantom 1, DJI I nspire 1, DJI Phantom 3 UAS , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Christopher D. Pendleton’s business; and (2) will not carry pas sengers or property for compensation or hire.

2. Extent Of Relief Christopher D. Pendleton Seeks And The Reason Christopher D. Pendleton 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 Christopher D. Pendleton to determine that the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS is in airworthy condition prior to every flight by ensuri ng that the UAS is in compliance with the operating documents (i.e., Monthly Maintena nce Log, and DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS Instruction Manual).

Christopher D. Pendleton seeks the requested relief because the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS does not require an airworthiness certificate in acc ordance with 14 C.F.R. Part 21, Subpart H. Therefore, Christopher D. Pendleton will ensure that the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS Instruction Manual) prior to every flight, and further, determine that the aircraft is in condition for safe flig ht, as stated in the
conditions and limitations below.14 3. Extent Of Relief Christopher D. Pendleton Seeks And The Reason Christopher D. Pendleton Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to al low flight operations of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry dat a link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS oper ations be reported to air traffic control (ATC) in feet above ground level (AGL), Christ opher D. Pendleton seeks the requested relief because the DJI Phantom 1, DJI Inspire 1, DJ I Phantom 3 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 limitat ions stated below. As more fully set forth herein, an equivalent level of safety wi ll be maintained since the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures tha t a ground level pressure setting will be established prior to each flight, and provide s the PIC with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief Christopher D. Pendleton Seeks And The Reason Christopher D. Pendleton Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR condit ions, is requested to the extent required to allow flights of the battery powered DJI Pha ntom 1, DJI Inspire 1, DJI Phantom 3 UAS 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 that for at leas t 4.5 minutes. Christopher D. Pendleton seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI15

Phantom 1, DJI Inspire 1, DJI Phantom 3 UA will severely constrain the practica lity of any aerial video or still photo flight operations that Christopher D. Pendleton proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Pha ntom 1, DJI Inspire 1, DJI Phantom 3 UAS operating documents, and Christopher D. Pendleton’s proposed operating limitations, ensure that Christopher D. Pendleton will safely opera te the battery powered DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), wi th enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5
minutes.

5. Extent Of Relief Christopher D. Pendleton Seeks And The Reason

Christopher D. Pendleton Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Christopher D. Pendle ton requests relief from these Sections because the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Christopher D. Pe ndleton will use trained technicians to perform maintenance, alterations, or preventive m aintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS). Furthermore, Christopher D. Pendleton will document and maintain all maintenance records for the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS.

D. The Reasons Why Granting Christopher D. Pendleton’s Request Would Be I n The Public Interest; That Is, How It Would Benefit The Public As A Whol e.16

Granting the present Petition will further the public interest by allowing Christopher D. Pendleton to safely, efficiently, and economically perform aerial video and phot ography of construction sites, real estate, and landscape over certain areas of the United S tates. Additionally, use of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Christopher D. Pendleton’s proposed operation of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS will be realized without implicating an y privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS is battery powered and serves a s a safe, efficient, and economical alternative to the manned aircraft traditi onally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perfor m aerial acquisitions, an exemption allowing the use of a DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS 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 an d on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, conge stion around airports caused by arriving and departing aircraft will be reduce d. The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS . Conducting aerial acquisitions with the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS
, instead of manned aircraft, will greatly benefit the public by drastical ly reducing the levels of air and noise pollution generated during traditional aerial video and still photogr aphy flight operations. By using battery power and electric motors, the DJI Phantom 1, DJI17

Inspire 1, DJI Phantom 3 UAS produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder interna l combustion engine aircraft that are typically utilized for aerial video and photography , while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS, while reducing the carbon footprint of aerial acquisit ions, also eliminates noise pollution, as the UAs are propelled by battery powered ele ctric motors, rather than an internal combustion engine.

By using the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 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 membe rs located onboard the aircraft, the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at there maximum gross weight with a length 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 Aerial Video and Photography Operations With The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS is also an economical alternative to using manned aircraft to conduct similar ae rial operations. As such, operation of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3UAS will allow United States based companies, like Christopher D. Pendleton’s, to rem ain competitive and contribute to growth of the U.S. economy. Specifically, with the risi ng cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and18

alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft

.

By operating the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS, companies such as Christopher D. Pendleton’s, 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, throu gh commercial use of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS , provides a stable workforce that increases consumer spending; improves local, state, and fe deral tax revenues; and allows companies to invest in research and development in order to rema in competitive both in the United States and abroad.

4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, Christopher D. Pendleton’s proposed operation of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS) which requires property owner involvement as well as local la w enforcement notification, and in accordance with the Federal Aviation Regulations
, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why 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 Christopher D. Pendleton Seeks Exemp tion.

1. Reasons Why The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UA Meets The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA)
Section 333.19

In consideration of the size, weight, speed, and limited operating area associa ted with the unmanned aircraft and its operation, Christopher D. Pendleton's operation of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. P art 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certificat ion and sets forth requirements for considering whether a UAS will create a ha zard to users of the NAS or the public, or otherwise pose a threat to national security. Specificall y, 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 certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).20 (c) Requirements for Safe Operation.--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 the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Christopher D. Pendleton submits that the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 1, DJI Inspir e 1, DJI Phantom 3 UAS ; (b) the pilot certification requirement; and (c) the specific oper ating
limitations. a. The Specifications Of The DJI Phantom 1, DJI Inspire 1, DJI Phantom

3 UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 1, DJI Inspire 1, DJI Phantom 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 1, DJI Inspire 1, DJI
Phantom 3 UAS .

The technical specifications of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS is set forth by the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS Specifications and D ata Sheet, attached hereto as Appendix A.

ii. The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 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 1, DJI Inspire 1, DJI Phantom 3 UAS is provided hereto as Appendix B .21 iii. The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS is Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS does 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 posit ion (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS are described in the User Manual, attached hereto as Appendix B.

iv. The DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS GCS and flight control software is provided in User Manuals is attached hereto as Appendix B.

b. Flight Operations Of DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

Christopher D. Pendleton will only utilize certificated pilots who possess a curre nt and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS . Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Christopher D. Pendleton proposes to commercially operate DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS for the special purpose of conducting22

aerial video and photography over certain areas of United States, pursuant to the follow ing 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 maximum gross weight: DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS . Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

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

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

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued a irman
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 VLO S capability. The SO and PIC must be able to communicate verbally at all time s. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her23 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 operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in 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 procedures 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 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 (AFS-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.24 11. Any UAS that has undergone maintenance or alterations that affect the UA S operation or flight characteristics, e.g. replacement of a flight critica l component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

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

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

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, 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 discrepancies discovered between inspections.

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

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining25 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 fl ight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. §
91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office 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 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 t o 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 PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined location within the planned operating area and land or be recovered in accordance with the operating documents.26 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

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

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations 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 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.27 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

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

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

a. Barriers or structures are present that sufficiently protect nonparticipating 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 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 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 by the applicable COA28 must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

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

Christopher D. Pendleton 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 1, DJI Inspire 1, DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to s afely operate the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Christopher D. Pendleton’s proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautica l knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 1, DJI Inspi re 1, DJI Phantom 3 UAS , Christopher D. Pendleton submits that the additional manned airmanship experience of a commercially certificated pilot would not corre late to the airmanship skills necessary for Christopher D. Pendleton’s specific proposed fl ight 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 here in (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Christopher D. Pendleton will not allow any PIC to operate the DJI Phantom 1, DJI Ins pire 1, DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-29

hour requirements or the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 1, D JI Inspire 1, DJI Phantom 3 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 wit h 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 regulations will ensure an equivalent leve l of safety during Christopher D. Pendleton’s proposed operations. The Administrator has hel d that prior documented flight experience that was obtained in compliance with applica ble regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirement s in Exemption No. 11062 are appropriate to practice and build proficiency in the30 skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, profici ency, 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 appro priate
distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingly, Christopher D. Pendleton will ensure safe operations by not allowing an y PIC to operate the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that t he PIC is able to safely operate the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS in a manne r consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures

.

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

The equivalent level of safety established by Section 91.7(a) will be maintained be cause prior to every flight, Christopher D. Pendleton will ensure that the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 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) specifi c to UAS, in circumstances similar, in all material respects, to those presented he rein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.31

The equivalent level of safety established by Section 91.121 will be maintained becaus e the altitude information of the DJI Inspire 1, DJI Phantom 3 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 al titude information, combined with Christopher D. Pendleton’s operation of the DJI Inspire 1, DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a leve l of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude init iation 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 here in (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Pha ntom 1, DJI Inspire 1, DJI Phantom 3 UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Christophe r D. Pendleton will ensure that it will safely operate the battery powered DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS UA 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 after that for at least 4. 5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS ; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety establi shed by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 1,32

DJI Inspire 1, DJI Phantom 3 UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occur ring at approximately 33% remaining battery power, and again at approximately 10% rema ining battery power. At the critically low battery level, the DJI Phantom 1, DJI In spire 1, DJI Phantom 3 UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical charac teristics and operating limitations of the UAS are considered. Relief has been granted for m anned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material r espects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

In seeking this exemption, Christopher D. Pendleton submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requireme nts established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Christopher D. Pendleton will use trained technicians to perform maintenanc e, 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 Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS Instruction Manual). Furthermore, Christopher D. Pendleton will document and maintain all maintenance records for the DJ I Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS .33

Since the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Christopher D. Pendleton will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS User Manual is attached hereto as Appendix B; a copy of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because Chr istopher D. Pendleton will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS 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 l imitations of the UAS
are considered.

In consideration of Christopher D. Pendleton’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 1, DJI Inspire 1, DJ I Phantom 3 UAS , Christopher D. Pendleton submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief spec ific to UAS in circumstances similar, in all material respects, to those prese nted 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).34

7. The FAA May Prescribe Any 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, Christopher D. Pendleton requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent t o that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwis e pose a threat to national security; and further, provides the authority for such UAS to oper ate 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 1, DJI Inspire 1, DJI Phantom 3 UAS , 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 eng ine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engi ne or propeller, 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 propell er as the FAA finds necessary to establish a level of safety equivalent to that establi shed in the regulations.35

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 operation of the DJI Pha ntom 1, DJI Inspire 1, DJI Phantom 3 UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to t hat 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 Christopher D. Pendleton Seeks Exemption:

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

A Brief Description Of The Nature Of The Exemption Christopher D.
Pendleton Seeks:

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

G. Any Additional Information, Views, Or Arguments Available To Support Christopher D. Pendleton’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Christopher D. Pendleton’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.36

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 securit y; and further, provides the authority for such UAS to operate without airworthiness
certification.

As discussed in detail above, Christopher D. Pendleton will operate the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS safely in the NAS, without creating a hazard t o users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION As set forth herein, Christopher D. Pendleton seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Christopher D. Pendleton to safely, efficiently, and economically operate the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Christopher D. Pendleton respectfully requests that the Administrator grant this Petition for an exemp tion from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Christopher D. Pendleton to operate the DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over certain
areas of the United States. Dated: May 15, 201537

Respectfully submitted,

Christopher D. Pendleton

_________________________ Christopher D. Pendleton
6770 W Via Tres Casas Tucson, AZ 85743 Tel: (520) 275-166338

Appendices :

A – DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 Specifications Data Sheet B – DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 Manufacturer’s User Manual C – Monthly Maintenance Log

APPENDIX – A

DJI PHANTOM 1, DJI INSPIRE 1, DJI PHANTOM 3 TECHNICAL
SPECIFICATIONS

Christopher D. Pendleton only utilizes safe and reliable UASs. DJI is an industry l eader in small UAS production. DJI UASs are loaded with ground breaking software enablin g the user to set parameters which will not allow flight into controlled airspace. Pa rameters can also be set to limit flight to no higher than a predetermined and set altitude as we ll as limit flight to a predetermined and set distance. In addition, DJI software provides re al-time altitude and location information to the PIC via the linked monitor (smart phone/table t devices)39

1. DJI Phantom 1 Specification Sheet

Parameters Range Operating Temperature -10°C ~ 50°C Power Consumption 3.12W Supported Battery ONLY 3S LiPo
Take-off Weight <1200g Hovering Accuracy (GPS Mode) Vertical: 0.8m. Horizontal: 2.5m Max Yaw Angular Velocity 200°/s Max Tilt Angle 35° Max Ascent / Descent Speed 6m/s Max Flight Velocity 10m/s Diagonal distance (motor center to motor center) 350mm Weight Weight(with Battery) 670g 800g© 2015 DJI. All Rights Reserved. 57Appendix 

### Appendix

Specifications

Aircraft

Model T600 Weight (Battery Included) 2935 g

Hovering Accuracy (P Mode) Vertical: 0.5 m Horizontal: 2.5 m

Max Angular Velocity Pitch: 300°/s Yaw: 150°/s Max Tilt Angle 35° Max Ascent Speed 5 m/s Max Descent Speed 4 m/s Max Speed 22 m/s (ATTI mode, no wind) Max Flight Altitude 4500 m Max Wind Speed Resistance 10 m/s Max Flight Time Approximately 18 minutes

Motor Model DJI 3510 Propeller Model DJI 1345 Indoor Hovering Enabled by default Operating Temperature Range -10° to 40° C Diagonal Distance 559 to 581 mm

Dimensions 438x451x301 mm
Gimbal

Model ZENMUSE X3 Output Power (With Camera) Static: 9 W; In Motion: 11 W Operating Current Station: 750 mA; Motion: 900 mA Angular Vibration Range ±0.03° Mounting Detachable

Controllable Range Pitch: -90° to +30° Pan: ±320°

Mechanical Range Pitch: -125° to +45° Pan: ±330°

Max Controllable Speed Pitch: 120°/s Pan: 180°/s58 © 2015 DJI. All Rights Reserved.Appendix **INSPIRE 1** User Manual

Camera

Name X3

Model FC350

Total Pixels 12.76M
Effective Pixels 12.4M Image Max Size 4000x3000 ISO Range 100-3200 (video) 100-1600 (photo) Electronic Shutter Speed 8 s to 1/8000 s FOV (Field Of View) 94°
CMOS Sony EXMOR 1/2.3”

Lens 20mm (35mm format equivalent) f/2.8 focus at ) 9 Elements in 9 groups Anti-distortion

Still Photography Modes Single shoot Burst shooting: 3/5/7 frames Auto Exposure Bracketing (AEB): 3/5 bracketed frames at 0.7EV Bias Time-lapse

Video Recording Modes UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30 FHD: 1920x1080p24/25/30/48/50/60 HD: 1280x720p24/25/30/48/50/60 Max Bitrate Of Video Storage 60 Mbps

Supported File Formats FAT32/exFAT Photo: JPEG, DNG Video: MP4/MOV (MPEG-4 AVC/H.264)

Supported SD Card Types Micro SD Max capacity: 64 GB. Class 10 or UHS-1 rating required. Operating Temperature Range 0° to 40° C
Remote Controller

Name C1

Operating Frequency 922.7MHz~927.7 MHz (Japan Only) 5.725~5.825 GHz;2.400~2.483 GHz Transmitting Distance 2 km (Outdoor And Unobstructed)

EIRP 10dBm@900m, 13dBm@5.8G, 20dBm@2.4G Video Output Port USB, Mini-HDMI Power Supply Built-in battery Charging DJI charger Dual User Capability Host-and-Slave connection© 2015 DJI. All Rights Reserved. 59Appendix **INSPIRE 1** User Manual

Mobile Device Holder Tablet or Smart Phone Output Power 9 W Operating Temperature Range -10° to 40° C

Storage Temperature Range Less than 3 months: -20° to 45° C More than 3 months: 22° to 28° C Charging Temperature Range 0-40° C Battery 6000 mAh LiPo 2S Charger

Model A14-100P1A Voltage 26.3 V

Rated Power 100 W Battery (Standard)

Name Intelligent Flight Battery

Model TB47 Capacity 4500 mAh Voltage 22.2 V Battery Type LiPo 6S High voltage battery Energy 99.9 Wh Net Weight 570 g Operating Temperature Range -10° to 40° C

Storage Temperature Range Less than 3 months: -20° to 45° C More than 3 months: 22° C to 28° C Charging Temperature Range 0° to 40° C Max Charging Power 180 W Battery (Optional)

Name Intelligent Flight Battery

Model TB48 Capacity 5700 mAh Voltage 22.8 V Battery Type LiPo 6S Energy 129.96 Wh Net Weight 670 g Operating Temperature Range -10 to 40° C

Storage Temperature Range Less than 3 months: -20 to 45° C More than 3 months: 22° to 28° C Charging Temperature Range 0° to 40° C© 2015 DJI. All Rights Reserved. 53 

### Appendix

Specifications

Aircraft Weight (Battery & Propellers Included) 1280 g
Max. Ascent Speed 5 m/s Max. Descent Speed 3 m/s Max. Speed 16 m/s (ATTI mode, no wind) Max. Flight Altitude 6000 m Max. Flight Time Approximately 23 minutes Operating Temperature 0°C to 40°C GPS Mode GPS/GLONASS Gimbal Controllable Range Pitch: - 90° to + 30° Vision Positioning Velocity Range < 8 m/s (2 m above ground) Altitude Range 30 cm-300 cm Operating Range 30 cm-300 cm Operating Environment Brightly lit (lux > 15) patterned surfaces Camera Sensor Sony EXMOR 1/2.3” Effective pixels:12.4 M (total pixels: 12.76 M) Lens FOV 94° 20mm(35mm format equivalent ) f/2.8 ISO Range 100-3200(video) 100-1600(photo) Electronic Shutter Speed 8s -1/8000s Image Max. Size 4000 x 3000

Still Photography Modes Single shot Burst shooting: 3/5/7 frames Auto Exposure Bracketing (AEB): 3/5 Bracketed frames at 0.7EV Bias Time-lapse
Supported SD Card Types Micro SD Max. capacity: 64 GB. Class 10 or UHS-1 rating required

Video Recording Modes FHD:1920x1080p 24/25/30/48/50/60 HD:1280x720p 24/25/30/48/50/60 Max. Bitrate Of Video Storage 40 Mbps

Supported File Formats FAT32/exFAT Photo: JPEG, DNG Video: MP4/MOV (MPEG-4 AVC/H.264) Operating Temperature Range 0°C to 40°C54 © 2015 DJI. All Rights Reserved. Remote Controller Operating Frequency 2.400 GHz-2.483 GHz Transmitting Distance 2000 m (Outdoor And Unobstructed) Video Output Port USB Operating Temperature Range 0°C- 40°C Battery 6000 mAh LiPo 2S
Mobile Device Holder Tablets and smartphones Transmitter Power(EIRP) FCC: 20 dbm; CE:16 dbm Working Voltage 1.2 A @7.4 V Charger Voltage 17.4 V Rated Power 57 W Intelligent Flight Battery ( PH3-4480 mAh-15.2 V ) Capacity 4480 mAh Voltage 15.2 V Battery Type LiPo 4S Energy 68 Wh Net Weight 365 g Operating Temperature -10°C- 40°C Max. Charging Power 100 W

Aircraft Status Indicator Description

Normal Red, Green and Yellow Flash Alternatively Turning on and Self-Diagnostics

Green and Yellow Flash Alternatively Aircraft Warming Up Green Flashes Slowly Safe to Fly (P-mode with GPS and Vision Positioning)

X2 Green Flashes Twice Safe to Fly (P-mode with Vision Positioning but without GPS)

Yellow Flashes Slowly Safe to Fly (A-mode but No GPS and Vision Posi

tioning) Warning Fast Yellow Flashing Remote Controller Signal Lost Slow Red Flashing Low Battery Warning Fast Red Flashing Critical Battery Warning Red Flashing Alternatively IMU Error

— Solid Red Critical Error Red and Yellow Flash Alternatively Compass Calibration Required40 APPENDIX – B

DJI Phantom 1, DJI Inspire 1, DJI Phantom 3 User Manuals

Links are provided due to file size

DJI Phantom 1

http://download.dji-innovations.com/downloads/phant om/en/PHANTOM_Quick_Start_Manual_v1.7_en.pdf

DJI Inspire 1

http://download.dji-innovations.com/downloads/inspi re_1/en/Inspire_1_User_Manual_v1.2_en.pdf

DJI Phantom 3

http://download.dji-innovations.com/downloads/phant om_3/en/Phantom_3_Professional_User_Manual_v1.0_en. pdf41 APPENDIX – C



## Monthly Maintenance Log **Month: Year:** 

**UA # Date**  **Discovered Date** 

**Addressed Description / Maintenance** 

**Completed Completed By: Print &**  **Sign** Software/Firmware Airframe Engines Propellers Camera Gimbal Landing Gear Other: