UNITED STATES OF AMER I CA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASH I NGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

SIMEON J FRITZ

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 O F DJI PHANTOM 2 , DJI PHANTOM 2 VISION+, DJI PHANTOM 3,

AND DJI INSPIRE 1 UNMANNED

AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on JUNE 9

, 2015

Simeon J Fritz

912 Mount Pleasant Rd

Kingston Springs, TN 37082

615

- 838

- 3012

GLOSSARY OF TABLE OF CONTENTS

Page

ABBREVIA T IONS.................................................................................3

SUMMARY...................................................................................

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

I N TRODUCTION AND INTERESTS OF PETITION ER.................................................4

BACKGROUND................................................................................................................5

BAS I S FOR

PET I T I ON....................................................................................................................

. ......5

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

THE SPEC I F I C SECTIONS OF 14 C.F.R. FROM WH I CH SIMEON J FRITZ

SEEKS EXEMPT I ON.................................................................................8

THE EXTENT OF RELIEF SIMEON J FRITZ SEEKS AND THE REASON

SIMEON J FRITZ SEEKS THE RELIEF..........................11

THE REASONS WHY GRANTING SIMEON J FRITZ’S REQUEST WOULD

BE IN THE PUBLIC I N TEREST .../...................................................14

THE REASONS WHY GRANTING THE EXEMPT I ON WOULD NOT

ADVERSE L Y AFFECT

SAFETY......................................................... ................17

CONC L USION.................................................................................................................3 43

GLOSSARY OF ABBREVIATIONS

AG L Above Ground Level

AO I Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

A V Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FA A Federal Aviation Administration

FA R Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning S y stem

LOL Loss of Link

NA S National Airspace S y stem

NOTAM Notice to Airman

P I C Pilot I n Command

Section 333 FAA Modernization and Reform Act of 2 012 (FMRA)

Section 333

S O Safety Observer

SOP Standard Operating Procedures

U A Unmanned Aircraft

UA S Unmanned Aircraft S y stem

VF R Visual Flight Rules

VLOS Visual L ine of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landi4

SUMMARY

Simeon J Fritz 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 S y stem pursuant to Section 333 of the

FA A Modernization and Reform Act of 2012 (FMRA). This exemption will permit

Simeon J Fritz to operate an Unmanned Aircraft S y stem (UAS) for the commercial

pu rpose of conducting aerial video and photograp h y for clients over certain areas of the

United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

M y name is Simeon J Fritz, I am 20 y e ars old, currently pursuing my BBA.

Much of my life I have been operating one sort of radio controlled system or another. I

am licensed as an emergency medical technician and work part time for several EMS

agencies while I am attending college. I am also a member of a volunteer fire

department and respond to a wide arr ay of emergency situations on a regular basis.

My objective of operating an UAV for commercial purposes is to provide high

quality aerial video and photography services to clients targeting the following activities.

1 Videoing certain outdoor and extreme sporting activities.

2 Videoing real estate and all forms of property

3 Capturing aerial images of scenery that a client requests5

BACKGROUND

Unmanned Aircraft S y stems: DJI Phantom 2, DJI Phantom 2 Vision+, DJI

Phantom 3, D J I Inspire 1 UASs

Simeon J Fritz seeks an exemption to operate DJI s y stems for compensation or

hire within the NAS. The DJI Phantom 2

, D J I Phantom 2 Vision+ , DJI Phantom 3, and

DJI I nspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircr a ft (UA) with a

Ground Control Station (GCS) utilizing electronic tablet or smart phone s y stems. The D J I

Phantom 2 has a maximum gross weight of approximately 2 pounds 13 ounces, while

having a length of 13 inches width of 13 inches, height of 8 in c hes, and a maximum

spee d of approximately 29 knots. The D J I Phantom 2 Vision+ 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 in c hes, and a maximum speed of approximately 29 knots. The D J I

Phantom 3 has a maximum gross weight of approximately 2 pounds 13 ounces, while

having a length of 22 inches width of 22 inches, height of 8 in c hes, and a maximum

speed of approximately 32 knots. The D J I Inspire 1 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 2, D J I Phantom 2

Vision+, DJI Phantom 3, and DJI I nspire 1 UAs are equipped with four main rotors;

driven by L ithiu m Pol y me r batter y powered electric motors.

The DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1

UAs that will be operated b y Simeon J Fritz 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

Markin g

.

BASIS FOR PETITION

Petitioner, Simeon J Fritz, 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, here b y6

petitions the Administrator to commercial l y operate the DJI Phantom 2, D J I

Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UASs in the National Airspace

S y stem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a)

& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409 ( a)(1) & (a)(2), and

91.417(a) & (b).

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

with the unmanned aircraft and its operation, Simeon J Fritz operation of In consideration

of the speed, weight, size, and limited operating area associated UASs meet s the conditions

of FMRA Section 333 and therefore, will not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H.

According l y, Simeon J Fritz 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 on l y apply to aircraft with an airworthiness certificate.

Simeon J Fritz submits that the requested relief is proper since an equivalent

level of safe t y will be ensu red. Simeon J Fritz will use experienced personnel or

technicians to perform maintenance, alterations, or preventive maintenance on the UASs

using the methods, techniques, and practices prescribed in the operating documents (i.e.,

Monthly Maintenance L o g, and DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom

3, and DJI I nspire 1 Instruction Manual). Furthermore, Simeon J Fritz will document

and maintain all maintenance records for the DJI Phantom 2, D J I Phantom 2 Vision+,

DJI Phantom 3, and DJI I nspire 1 UASs.

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

pilot privileges and limitations: Pilot in comman d

, is requested b y Simeon J Fritz to the

extent necessary to allow a Pilot in Command (PIC) and who has demonstrate d that the

P I C is able to safe l y operate the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom

3, and DJI I nspire 1 UASs in a manner consistent with this exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.7

Simeon J Fritz seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3,

and DJI I nspire 1 UASs do not require an airworthiness certificate in accordance with

14 C.F.R. Part 21, Subpart H. As such, Simeon J Fritz submits that he will ensure that

the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UASs

are in an airwort h y condition, prior to every flight, b y determining t hat the UAS are in

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 Instruction

Manual), and that the aircraft are in a condition for safe flight.

Simeon J Fr itz also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom

3, and DJI I nspire 1 UAs will not have a t ypical barometric altimeter onboard. However,

altitude information of the D J I Phantom 2 Vision+ and DJI I nspire 1UAs will be

provided to the P I C via Global Positioning S y stem (GPS) equipment and radio

communications telemetry data link, which downlinks from the UA to the GCS for

active monitoring of the flight path. This altitude information, combined with Simeon J

Fritz’s operation of the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI

I nspire 1 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level

of safety equivalent to Section 91.121.

Additionall y , Simeon J Fritz seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirem e nts for flight in VFR conditions. Simeon J Fritz

submits that safe t y will not be affected b y operation of the DJI Phantom 2, D J I Phantom

2 Vision+, DJI Phantom 3, and DJI I nspire 1 UAs during daylight hours in visual

meteorological conditions (VMC) under visual flight rules (VFR), with e nough battery

power to f l y for a total duration of approximately 13.5 minutes to the first point of

intended landing and, assuming normal cruising speed, to f l y after that for at least 4.5

minutes.8

In accordance with 14 C.F.R. § 11.81, Simeon J Fritz prov i des 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:

Simeon J Fritz

912 Mount Pleasant Rd

Kingston Springs, TN 37082

Phone: 615

- 838

- 3013

Email: simeonfritz@gm ail.com9

B. The Specific Sections Of 14 C.F.R. From Which Simeon J Fritz Seeks Exemption.

1. Simeon J Fritz Seeks Exemption From The Requirements Of Section

61.113(a) And (b).

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

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(P I C) of an aircraft that is carr y ing passengers or proper t y for compensation or

hire; nor m ay that person, for compensation or hire, act as PIC of an aircraft.

(b) A priva t e pilo t ma y , for compensation or hire, act as PIC of an aircraft in

connection with a n y business or empl o y m ent i f

—

(1) The flight is only incidental to that business or emplo y ment; and

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

hire.

2. Simeon J Fritz Seeks Exemption From The Requirements Of Section

91.7(a).

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

following:

(a ) N o perso n ma y operate a civil aircraft unless it is in an airworthy condition.

3. Simeon J Fritz 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

, b y reference to an altimeter that is set, when operating

--

(1) Below 18,000 feet MS L , 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 a n a ppropriate

available station; or

(iii) I n 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. Simeon J Fritz Seeks Exemption From The Requirements Of Section

91.151(b).10

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. Simeon J Fritz Seeks Exemption From The Requirement Of Section

91.405(a).

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

following: Each owner or operator of an aircraf t

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and

shall between required inspections, except as provided in paragraph (c) of this

section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Simeon J Fritz Seeks Exemption From The Requirements Of Section

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

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

(a) No person may operat e an y aircraft that has undergone maintenance,

preventive maintenance, rebuilding, or alteration unles s

--

(1) It has been approved for return to service b y a person authorized under §

43.7 of this chapter[.]

7. Simeon J Fritz 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 1 2 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 ac c ordance

with part 21 of this chapter.

8. Simeon J Fritz 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 and11

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 air craft.

The records must includ e

--

(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 lif e

- 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

safe t y directives including, for each, the method of comp liance, the

AD or safe t y directive number and revision date. If the AD or safe t 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 current l y installed engines, rotors,

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained

until the work is r epeated or superseded b y other work or for 1 y e ar after

the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be reta ined

and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furn i shed 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 r eturn to service.

C. The Extent Of Relief Simeon J Fritz Seeks And The Reason Simeon J Fritz Seeks

The Relief.

1. Extent Of Relief Simeon J Fritz Seeks And The Reason Simeon J Fritz

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 comman d

, is requested to the extent necessary to allow a P I C

who has met certain flight

- hour and currency requirements, to conduct the proposed UAS

flight operations for compensation or hire.12

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

state that a private pilot ma y , for compensation or hire, act as P I C of an aircraft in

connection with a n y business or empl o y m ent if: (1) The flight is only incidental to that

business or emplo y ment; and (2) The aircraft does not carry passengers or proper t y for

compensation or hire.

As set forth more ful l y below, Simeon J Fritz submits that an equivalent level

of safe t y will be maintained because no PIC will be allowed to operate the DJI

Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UAS unless that

PIC has met certain fligh t

- hour and currency requirements, demonstrating that the PIC

is able to safe l y operate either the DJI Phantom 2, D J I Phantom 2 Vision+, DJI

Phantom 3, and DJI I nspire 1 UAS in a manner consistent with the operations

specifications as described in this exemption, including evasive and emergency

maneuvers, as well as maintaining appropriate dis t ances from people, v essels, vehicles

and structures.

Further, Simeon J Fritz submits that all flights of the DJI Phantom 2, D J I Phantom

2 Vision+, DJI Phantom 3, and DJI I nspire 1 UASs, conducted by the P I C pursuant to the

grant of this Petition: (1) will be incidental to Sim eon J Fritz's business; and (2) will not

carry passengers for compensation or hire.

2. Extent Of Relief Simeon J Fritz Seeks And The Reason Simeon J Fritz

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 Simeon J Fritz to determine that the DJI Phantom 2, D J I

Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UASs are in airwort h y condition

prior to every flight b y ensuring that the UAS is in compliance with the operating

documents (i.e., t he Simeon J Fritz Aerial Operations Manual, Monthly Maintenance

Log, and DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1

Instruction Manual).

Simeon J Fritz seeks the requested relief because the DJI Phantom 2, D J I13

Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UASs do not require an

airwo r thiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore,

Simeon J Fritz will ensure that the DJI Phantom 2 Vision+ and D J I Inspire 1 UASs

are in airwort h y condition based upon its compliance with the operating documents

(i.e., Monthly Maintenance Log, and DJI Phantom 2, D J I Phantom 2 Vision+, DJI

Phantom 3, and DJI I nspire 1 I nstru ction Manual) prior to every flight, and further,

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

and

limitations below.

3. Extent Of Relief Simeon J Fritz Seeks And The Reason Simeon J Fritz

Seeks Relief From Section 91.121.

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

flight operations of the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI

I nspire 1 UASs, which utilize a barometric pressure sensor, GPS equipm ent, and a radio

communications telemetry data link to downlink altitude information from the UA to the

P I C at the ground control station (GCS). Since the FAA requires that a n y altitude

information concerning UAS operations be reported to air traffic control (ATC) in feet

above ground level (AGL), Simeon J Fritz seeks the requested relief because the DJI

Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UA’s al timeter

may be set on the ground to zero feet AGL, rather than the local barometric pressure or

field altitude, before each flight.

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

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

limitations stated below. As more ful l y set forth herein, an equivalent level of safe t y will

be maintained since the DJI Phantom 2 Vision+ and DJI I nspire 1 UAs are equipped with

a barometric pressure sensor and GP S equipment, which automatical l y ensures that a

ground level pressure setting will be established prior to each flight, and provides the P I C

with altitude information of the UA on the head s

- up display of the GCS.

4. Extent Of Relief Simeon J Fritz Seeks And The Reason Simeon J Fritz14

Seeks Relief From Section 91.151(b).

Relief from Se c tion 91.151(b) entitled Fuel requirements for flight in VFR

conditions, is requested to the extent required to allow flights of the battery powered D J I

Phantom 2 Vision+ and DJI I nspire 1 UAs during da y light hours in visual

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of

13.5 minutes to the first point of intended landing and, assuming normal cruising speed,

to fly after that for at least 4.5 minutes. Simeon J Fritz seeks the requested relief because

without an exemption from Section 91.151(b), the flight time duration of the battery

powered DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1

UAs will severe l y constrain the practicality o f any aerial video or still photo flight

operations that Simeon J Fritz proposes to conduct pursuant to this Petition.

Significant l y, as set forth below, the technical specifications of the DJI Phantom 2, D J I

Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UASs, the D J I Phantom 2 Vision+

and D J I Inspire 1 ope r ating documents, and Simeon J Fritz’s proposed operating

limitations, ensure that Simeon J Fritz will safely operate the battery powered D J I Phantom

2 Vision+ and D J I In spire 1 UAs during da y light hours in visual meteorological conditions

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

duration of 13.5 minutes to the first point of intended landing and, assuming norm al

cruising speed, to f l y after that for at least 4.5 minutes.

5. Extent Of Relief Simeon J Fritz Seeks And T he Reason Simeon J Fritz

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) onl y app l y to aircraft with an airworthiness certi f icate, Simeon J Fritz requests relief

from these Sections because the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3,

and DJI I nspire 1 UASs do not require airworthiness certificates. As set forth more ful l y

below, the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 115

UASs meet the conditions of FMRA Section 333 for operation without an airworthiness

certifica te. According l y, Simeon J Fritz will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the UAS operating documents (i.e., the Simeon J

Fritz Aerial Operations Manual, Monthly Maintenance L o g, and DJI Phantom 2, D J I

Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 I nstruction Manual). Furthermore,

Simeon J Fritz will document and maintain all maintenance records f o r the DJI Phantom

2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UASs.

D. The Reasons Why Granting Simeon J Fritz Request Would Be In The Public

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest b y allowing Simeon

J Fritz to safel y , efficientl y

, and economically perform aerial video and photograp h y for

clients over certain areas of the United State s

.

Additionall y , use of the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3,

and DJI I nspire 1 UASs will decrease congestion of the NAS, reduce pollution, and

provide significant benefits to the econo m y

. Notab l y, the benefits of Simeon J Fritz’s

proposed operation of the D J I Phantom 2 Vision+ and DJI I nspire 1 UASs will be

realized without implicating any privacy issues.

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

The DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1

UAs are battery powered and serve as a safe, efficient, and economical alternative to the

manned aircraft traditionally utilized to obtain aerial imager y

. B y reducing the amount of

manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a

DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UAS would

reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well

as increase the safe t y of life and proper t y in the air and on the ground.

Furthermore, b y reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The16

DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UAs do not

require an airport to takeoff or land. Likewise, a reduction of manned aircra ft conducting

aerial video and photograp h y missions would result in fewer aircraft that must be handled

b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of

flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI

Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1

UASs.

Conducting aerial acquisitions with the DJI Phantom 2, D J I Phantom 2 Vision+,

DJI Phantom 3, and DJI I nspire 1 UASs, instead of manned aircraft, will great l y benefit the

public by drastically reducing the levels of air and noise pollution generated during

t r aditional aerial video and still photograp h y flight operations. By using battery power and

electric motors, the DJI Phantom 2, D J I Phantom 2 Vi sion+, DJI Phantom 3, and DJI

I nspire 1 UASs produce no air pollution, and is the most viable environmental l y conscious

alternative to the cabin class

, si x c y linder internal combustion engine aircraft that are

t ypical l y utilized for aerial video and photograp h y, while burning approximately 20

- 30

gallons per hour of leaded aviation fuel. The DJI Phantom 2, D J I Phantom 2 Vision+, DJI

Phantom 3, and DJI I nspire 1 UAs, while reducing the carbon footprint of aerial

acquisitions, also eliminates noise pollu tion, as the UAs are propelled b y battery powered

electric motors, rather than an internal combustion engine.

B y using the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI

I nspire 1 UASs 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 subst a ntially reduced or complete l y eliminated. Aside from the

lack of flight crew members located onboard the aircraft, the DJI Phantom 2, D J I

Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UAs (weighing approximately 2

pounds 13 ounces, 2 pounds 11 ounces , 2 pounds 13 ounces, and 6 pounds 7.5 ounces17

respective l y, at their ma x imum gross weights with lengths of 16 inches and 17.3 inches

respectively, widths of 13 inches, 16 inches , 22 inches, and 17.7 inches respective l y, and

with no fuel on board), has less physical potential for collateral damage to life and

proper t y on the ground, and in the air, c ompared to the m anned aircraft that t y pical l y

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 O p erations With The DJI

Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1

UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2, D J I Phantom 2 Vision+,

DJI Phantom 3, and DJI I nspire 1 UASs are also an economical alternative to using manned

aircraft to conduct similar aerial operations. As such, operation of the D J I Phantom 2

Vision+ and DJI I nspire 1 UASs will allow United States based companies, like Simeon J

Fritz ’s company , to remain competitive and contribute to growth of the U.S. econom y

.

Specifical l y, with the rising c ost of aviation fuel and the Environmental Protection Agency

(“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated

companies mus t adopt new and alternative technology in order to remain competitive.

Operating the batter y pow e red DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and

DJI I nspire 1 UASs is one such technology that not only allows companies greater

operational flexi bility compared to manned aircraft, but provides such flexibility without

the high operational cost of a traditional manned air c raft.

B y operating the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and

DJI I nspire 1 UASs, companies such as Simeon J Fritz, can remain competitive and

profitable, and therefore, provide greater job stability t o emplo y ees and contractors,

which will ultimately contribute to gr o wth of the U.S. econom y . Improved financial

performance of U.S. companies, through commercial use of the DJI Phantom 2, D J I

Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UASs, provides a stable18

workforce that increases consumer spending; improves local, state, and federal tax

rev e nues; and allows companies to invest in res earch and development in order to

remain 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, Simeon J Fritz’s proposed operation of the DJI Phantom 2, D J I Phantom 2

Vision+, DJI Phantom 3, and DJI I nspire 1 UASs will not implicate a n y privacy issues.

Specifical l y

, th e DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI

I nspire 1 UASs will be operated only in compliance with operating documents (i.e., the

Simeon J Fritz Aerial Operations Manual, Monthly Maintenance Log, and DJI

Phantom 2, D J I P hantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 Instruction

Manual) which requires proper t y owner involvement as well as local law enforcement

notification, and in accordance with the Federal Aviation Regulations, including the

minimum altitude requirem ents 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 P rovided By The Rule From Which Simeon J Fritz Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs Meet

The Conditions Of The FAA Modernization and Reform Act of 2012

(FMRA) Section 333.

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

with the unmanned aircraft and its operation, Simeon J Fritz’s operation of the DJI

Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UASs meet the

conditio ns 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 securi t y.

Specifical l y, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not19

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 Syst e ms.

- - In making the determination

under subsection (a), the Secretary shall determine, at a minimu m

--

( 1 ) which types of unmanned aircraft systems, if any, as a result of their

size, weight, speed, operational capability, proximity to airports and

populat e d areas, and operation within visual line of sight do not create20

a hazard to users of the national airspace system or the public or pose

a threat to national security; and

( 2 ) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, United

States Code, is required for the operation of unmanned aircraft

systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the 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, Simeon J Fritz submits that the DJI Phantom 2, D J I

Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UASs can operate safely in the

NAS pursuant to FMRA Section 333, as demonstrated b y : (a) the characteristics of th e

DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UASs; (b) the

pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2, D J I Phantom 2 Vision+, DJI

Phantom 3, and DJI I nspire 1 UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1

UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat

to national security considering its size, weight, speed, and operational capabilit y

. i. Technical Specifications Of The DJI Phantom 2, D J I Phantom 2

Vision+, DJI Phantom 3, and DJI I nspire 1 UASs.

The technical specifications of the D J I Phantom 2 Vision+ and D J I Inspire 1

UASs are set forth b y the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and

DJI I nspire 1 Specifications and Data Sheet, attached heret o as Exhibit A and B.

ii. The DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI

I nspire 1 UASs Autonomous Flight And Navigation Modes Enable

The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1

UASs may be operated in both manual and ful l y autonomous flight modes.

iii. The DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI

I nspire 1 UASs Are Designed21

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 DJI Phantom 2, D J I Phantom 2 Vision+, DJI

Phantom 3, and DJI I nspire 1 UAs will remain stationar y , in flight, for 3 seconds or

more. If, after 3 seconds, the D J I Phantom 2 Vision+ and DJI I nspire 1 UAs do not

reac q uire control link data from the GCS, the UAs will assume that the Control L ink is

lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will

descend to the takeoff position and shutdown.

iv. The DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3,

and DJI I nspire 1 GCS And Its Operation.

b. Flight Operations Of DJI Phantom 2, D J I Phantom 2 Vision+, DJI

Phantom 3, and DJI I nspire 1 UASs Are Limited To The Line Of Sight Of

The Operator.

The operator will have proven his competency at operating the DJI

Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1

showing that he is able to safely control these UAVs and perform any

required procedures. Additi onally a safety observer will be present at all

times during the operation of the DJI Phantom 2, D J I Phantom 2 Vision+,

DJI Phantom 3, and DJI I nspire 1.

c. Flights Of DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3,

and DJI I nspire 1 UASs Will Be

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Simeon J Fritz proposes to commercial l y operat e DJI

Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 UASs

for the special purpose of conducting aerial video and photograp h 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 UASs

weighing less than 55 pounds maximum gross weight: DJI Phantom 2, D J I

Phantom 2 Vision+, DJI Phantom 3, and DJI I nspire 1 Unmanned Aircr aft

S y stems. Proposed operations of any other aircraft will require a new petition

or a petition to amend this grant.22

2. UAS operations under this exemption will be limited to conducting operations

for the purpose of aerial video and photograp h y.

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

4. The UA must be operated at an altitude of no more than 500 feet above ground

level (AGL), as indicated by the procedures specified in the operating

documents unless a special request is made and approved b y ATC. All altitudes

reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the P I C at all

times. This r equires the PIC to be able to use human vision unaided by a n y device other than corrective lenses, as specified on the P I C’s FAA

- issued

airman medical certificate.

6. The use of first person view (FPV) b y the P I C or safe t y observer (SO) is not

permitted

.

7. All operations must utilize a safe t y observer (SO). The SO may be used to

satisfy the VLOS requirement as long as the P I C alwa y s maintains VLOS

capabilit y . The SO and PIC must be able to communicate verbally at all times.

Electronic messaging or texting is not permitted during flight operations. The

P I C must be designated before the flight and cannot transfer his or her

designation for the duration of the flight. The P I C must ensure that the SO can

perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties be y ond assisting the P I C with seeing

and avoiding other air traffic and other ground based obst a cles/obstructions

and is not permitted to operate the camera o r 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 exis t s 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 op e rator 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 u pon request. The operator must also present updated and revised documents if it petitions

for extension or amendment to the grant of exemption. I f the operator

determines that a n y update or revision would affect the basis upon which the23

FAA granted the ex e mption, then the operator must petition for amendment to

its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80 ) ma y be

contacted if questions arise regarding updates or revisions to the operating

documents.

10. Prior to each flight the P I C must inspect the UAS to ensu re 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 U A S is found to be in a

con dition for safe flight. The Ground Control Station must be included in the

preflight inspection. All maintenance and alterations must be proper l y

documented in the aircraft records.

11. Any UAS that has undergone maintenance or a lterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical

component, must undergo a functional test flight. The P I C who conducts the

functional test flight must make an entry in the aircraft records.

12. The pr e

- flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not alrea d y covered in the

relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/ c omponent,

ma intenance, 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, alteration s, 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 UASs operat ed 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 is not required to possess a pilots license but must have

documentation showing that he has completed at least 30 hours of flight on

the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, or DJI I nspire

1.

18. The operator may not permit any PIC to operate unless the P I C meets the

operator’s qualification criteria and demonstrates the abi l it y to safe l y operate the UAS in a manner consistent with how the UAS will be operated under the

exemption, including evasive and emergency maneuv ers and maintaining

appropriate distances from persons, vessels, vehicles and structures.24

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

FA A office closest to proposed area of operations. Flights under special visual

flight rules (SVFR) are not au thorized.

20. The UA may not operate within 5 nautical miles of an airport reference point

as denoted on a current FA A

- published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the operation is

conduct ed in accordance with a NOTAM as required by the operator’s COA.

The letter of agreement with the airport management must be made available

to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from

th e P I C.

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

pr e

- determined location within the planned operating area and land or be

recovered in accordance with the operating documents.

23. The P I C must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

24. The P I C is prohibited from beginning a flight unless (consi dering 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

r emaining.

25. The operator must obtain an Air Traffic Organization (ATO) issue d

Certificate of Waiver or Authorization (COA) prior to conducting a n 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 prio r 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

r equirements.

26. All aircraft operated in accordance with the e xemption 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. M a rkings must be as large as practicable.

27. Before conductin g 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 a n y time the

UAS is operating. These documents must be made available to the

Administrator or a n y la w enf orcement official upon request.25

vert ical boundaries of the operational area as defined by the applicable COA

must be reported to the FAA's UAS Integration Office (AF S

- 80) within 24

hours. Accidents must be reported to the National Transportation Safe t y Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov

. 29. The UA must remain clear and y i 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 non participating

persons (persons other than the P I C, SO, operator trainees or essential

persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that su f ficiently protect nonparticipating persons from the UA and/or deb ris in the event of an

accident. The operator must ensure that nonparticipating persons

remain under such protection. I f a situation arises where

nonparticipating persons leave such protecti o n 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 P I C h as made a safe t y 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 P I C, 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 controlle d

- access property with permission from the land owner/controller or authorized representative.

Permission from land owner/controller or authorized representative wi l l be

obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a)

And (b) Would Not Adversely Affect Safety.

Simeon J Fritz submits that the equivalent level of safe t y established b y Section

61.113(a) and (b) will be maintained because no PIC will be allowed to oper a te the D J I

Phantom 2 Vision+ and DJI I nspire 1 UASs unless that P I C has demonstrated, by

meeting minimum flight

- hour and currency requirements, that the P I C is able to safe l y

operate the D J I Phantom 2 Vision+ or D J I Inspire 1 UAS in a manner consistent with the

exemption, including evasive and emer gency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.26

Considering Simeon J Fritz’s proposed area of operations, and the operating

limitations set forth

- above; the airmanship skills necessary to safe l y operate the DJI

Phantom 2, D J I Phantom 2 Vision+ , DJI Phantom 3, or D J I Inspire 1 UAS, Simeon J

Fritz subm i ts that the additional manned airmanship experience of a certificated pilot

would not correlate to the airmanship skills necessary for Simeon J Fritz’s spec ific

proposed flight operations.

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

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 110 67, 11080, 11109, 11110,

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

Simeon J Fritz will not allow a n y P I C to operate the DJI Phantom 2, D J I

Phantom 2 Vision+ , DJI Phantom 3, or DJ I I nspire 1 UAS unless that P I C has

demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 2,

D J I Phantom 2 Vision+, DJI Phantom 3, or DJ I I nspire 1 UAS training and currency

r equirements, that the PIC is able to safe l y operate the DJI Phantom 2, D J I Phantom 2

Vision+, DJI Phantom 3, or DJ I I nspire 1 UAS in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Specifical l y, the P I C must hav e accumulated and logged, 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 m odel of UAS to be used for operations under the exemption). In

addition to the hour requirements, th e P I C must accomplish 3 takeoffs and landings in the

preceding 90 da y s (for currency purposes).

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

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

equivalent level of safe t y during Simeon J Fritz’s proposed operations. The

Administrato r27

has held that prior documented flight experience that was obtained in compliance with

applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for

the purpose of motion picture filming (or similar operations), the PIC must 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

P I C 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. I n addition to the hour

requirem e nts, the PIC must accomplish 3 takeoffs and landings in the preceding

90 da y s (for currency purposes). The FAA finds that at a minimum, the flight

hour requirements in Exemption No. 11062 are appropriate to practice and build

proficiency in the skills nec e ssar y to safe l y conduct the petitioner’s proposed

operations. The FAA also finds that prior documented fli ght experience that was

obtained in compliance with applicable regulation s woul d satisf y thi s requirement.

Training, proficienc y , and experienc e

- building flights can also be conducted

under the grant of exemption to accomplish the required flight time. During

training, proficienc y , and experienc e

- building flights the P I C is required to

operate the UA with appropriate distances in accordance with 14 C.F

. R 91.119.

Exemption No. 11138 at page 15.

According l y, Simeon J Fritz will ensure safe operations by not allowing a n y P I C

to operate the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, or DJ I I nspire 1

UAS unless that P I C has demonstrated, b y meeting minimum flight

- hour and currency

requirements, that the P I C is able to safe l y operate the DJI Phantom 2, D J I Phantom 2

Vision+, DJI Phantom 3, or DJ I I nspire 1 UAS in a manner consistent with the

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, v e hicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)

Would Not Adversely Affect Safety.

The equivalent level of safe t y established b y Section 91.7(a) will be maintained

because prior to every flight, Simeon J Fritz will ensure that the DJI Phantom 2, D J I

Phantom 2 Vision+, DJI Phantom 3, and DJ I I nspire 1 UAS is in an airworthy condition

based upon the UAS’s compliance with its operating documents and as stated in the

conditions and limit ations herein.28

Additionall y , the FAA has previously granted relief from Section 91.7(a) specific

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

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

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

4. Reaso ns Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

The equivalent level of safe t y established b y Section 91.121 will be maintained

because the altitude information of the DJI Phantom 2, D J I Phantom 2 Vision+, DJI

Phantom 3, and DJ I I nspire 1 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 altitud e informatio n , combined with

Simeon J Fritz’s operation of the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom

3, and DJ I I nspire 1 UAs within visual line of sight, at or below

500 feet AGL, will ensure a level of safe t y equivalent to Section 91.121. The altitude

information will be generated b y G P S equipment installed onboard the aircraft. Prior to

each flight, a zero altitude initiation point is automatically established by the UASs at

ground level.

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

circumstances simil a r, in all material respects, to those presented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Require m ents Of Section 91.151(b)

Would Not Adversely Affect Safety.

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

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

Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJ I I nspire 1 UASs; (2) the

limitations on the proposed flight operations; and (3) the location of the proposed fli ght

operations. According l y

, Simeon J Fritz will ensure that it will safely operate the battery

powered DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJ I I nspire 1 UAs

during da y light hours in VFR conditions, with enough battery power to f l y for a total29

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

, assuming normal

cruising speed, to f l y after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2, D J I

Phantom 2 Vision+, DJI Phantom 3, and DJ I I nspire 1 UASs; the limitations on the

proposed flight operations; and the location of the proposed operations, will ensure an

equivalent level of safe t y established by 1 4 C. F .R. Section 91.151(b). Furthermore, safe t y

will be ensured as the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJ I

I nspire 1 UASs provide audible and visual warnings to th e P I C at the GCS when the UAs

experiences low battery voltage, the first warning occurring at approximately 3 3 %

remaining battery power, and again at approximately 10% remaining battery power. At the

critical l y lo w batter y level, the D J I Phantom Vision+ and DJ I I nspire 1 UASs will descend

and land automaticall y

.

Significant l y, previous exemptions granted b y the FAA concerning Section

91.151 establish that safety is not adversely affected when the technical cha r acteristics

and operating limitations of the UAS are considered. Relief has been granted for

manned aircraft to operate at less than the minimums prescrib ed in Section 91.151,

including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously

granted relief from Section 91.151 specific to UAS, in circumstances similar, in all

material respects, to those presented herein (e.g. Exemption Nos. 88 11, 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, Simeon J Fritz submits that the equivalent level of

safe t y with regard to the regulatory maintenance and alteration requirements established30

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

met because Simeon J Fritz will use trained technicians to perform maintenance,

alterations, or preventive maintenance on the UASs using the methods, techniques, and

pract ices prescribed in the operating documents (i.e., the Simeon J Fritz Aerial

OperationManual, Monthly Maintenance Log, and DJI Phantom 2, D J I Phantom 2

Vision+, DJI Phantom 3, and DJ I I nspire 1 Instruction Manual). Furthermore, Simeon J

Fritz will document and maintain all maintenance records for the D J I Phantom 2

Vision+ and D J I Inspire 1 UASs.

Since the DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJ I

I nspire 1 UASs w i ll be inspected as prescribed b y the operating documents, Simeon J

Fritz will maintain the equivalent level of safe t y established by Sections 91.405(a),

91.409(a)(1), and 91.409(a)(2). A co p y o f the DJ I Phantom 2 Vision+ and DJI I nspire 1

User Manuals are a ttached hereto as Exhibit C and D; a co p y of the D J I Phantom 2

Vision+ and DJI I nspire 1 UAS Maintenance LOG is attached hereto as Exhibit E.

Likewise, the exemption sought will not adverse l y affect safety because Simeon

J Fritz will use trained technicia n s to perform maintenance, alterations or preventive

m aintenance on the UAS using the methods, techniques, and practices prescribed by the

operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safe t y

established by S e ctions 91.407, 91.417(a) and 91.417(b), because all ma intenance of the

DJI Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJ I I nspire 1 UASs will be

performed b y trained technicians. Maintenance will be documented and maintained

utilizing the monthly maintenance log.

Significant l y, previous exemptions granted b y the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safe t y

is not adverse l y affected when the technical characteristics and operating limitations of

t he UAS are c onsidered.31

In consideration of Simeon J Fritz’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 2, D J I Phantom 2 Vision+, DJI

Phantom 3, and DJ I I nspire 1 UASs, Simeon J Fritz submits that safety will not be

adverse l y affec te d b y 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 previous l y granted relief specific to UAS in

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

NOS . 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

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

7. The FAA 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, Simeon J Fritz requests

that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2

Vision+ and D J I Inspire 1 UASs, which contain such safe t y standards that the

Administrator finds necessary to establish a level of safe t y equivalent to that established

b y 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

conducti ng aerial video and photograp h y over certain areas of the United States for

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

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

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

without airworthiness certification in accordance with any requirements that must be

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

Likewise, the Administrator may prescribe special conditions pursuant to 14

C.F.R.§ 21.16, for operation of the D J I Phantom 2 Vision+ and D J I I nspire 1 UASs, since

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

safe t y 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 a n aircraft, aircraft engine, or32

propeller because of a novel or unusual design feature of the aircraft, aircraft

engine or propeller, he prescribes special conditions and amendments thereto for

the product. The special conditions are issued in accordance w ith Part 11 of this

chapter and contain such safe t y standards for the aircraft, aircraft engine or

propeller as the FAA finds necessary to establish a level of safe t y equivalent to

that established in the regulations.

See 14 C.F.R. § 21.16.

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

may prescribe special conditions for Leading Edge’s intend e d operation of the DJI

Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJ I I nspire 1 UASs, which

contain such safe t y standards that the Administrator finds necessary to establish a level of

safe t y equivalent to that established b y 14 C.F.R. Part 21, Subpart H, and 14 C.F.R

Sections 61.113(a) & (b), 91.7(a), 91.121,

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

! A Summary That Can Be Published In The Federal Register, stating: The

Rules From Which Simeon J Fritz Seeks Exemption:

Simeon J Fritz 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 Simeon J Fritz Seeks:

This exemption will permit Simeon J Fritz to commercially operate an Unmanned

Aircraft System (UAS) for the purpose of conducting aerial video and

photography over certain areas of the United States.

! Any Additional Information, Views, Or Arguments Available To Support

Simeon J Fritz ’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 safe l y in the NAS. As such, Simeon J Fritz’s request for exemption

may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as

set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS

will create a hazard to users of the NAS or the publi c , or otherwise pose a threat to

national securi t y ; and further, pro vides the authority for such UAS to operate without33

airworthiness certification.

As discussed in detail above, Simeon J Fritz will operate the DJI Phantom 2, D J I Phantom 2

Vision+, DJI Phantom 3, and DJ I I nspire 1 UASs safe l y in the NAS, without creating a

hazard to users of the NAS, or the public, or otherwise pose a threat to national securi t y.

It is requested that the individuals reviewing this request keep in mind that Simeon

Fritz does not possess a pilots license of any kind. Therefore, he is reque sting permission to

operate UASs for commercial purposes based on his experience with unnmanned systems and

not manned aircrafts.34

CONCLUSION

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

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

which will permit safe operation of the DJI Phantom 2, D J I Phantom 2 Vision+, DJI

Phantom 3, and DJ I I nspire 1 UASs commercial l y

, 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, b y allowing Simeon J Fritz to safel y

, efficientl y , and

economical l y operate the DJI Phantom 2, D J I Phantom 2 Vision+ , DJI Phantom 3 and

DJI I nspire 1 UASs commercial l y within the NAS.

WHEREFOR E

, in accordance with the Federal Aviation Regulations and the

FAA Modernization and Reform Act of 2012, Section 333, Simeon J Fritz respectful l y

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

of 1 4 C.F. R Section s 61.1 13(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 Simeon Fritz to operate the DJI

Phantom 2, D J I Phantom 2 Vision+, DJI Phantom 3, and DJ I I nspire 1 UASs

commercial l y for the purpose of conducting aerial video and photograp h y over certain

areas of the United States.

Dated: June 9 , 2015

Respectfully submitted,

Simeon J Fritz

Simeon J Fritz

912 Mount Pleasant RD

Kingston Springs, TN 37082

615

- 838

- 301335

Appendices :

A

– D J I Phantom 2 Vision+ Specifications Data Sheet

B

– D J I Inspire 1 Specifications Data Sheet36

APPENDIX

– A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

Simeon J Fritz on l y utilizes safe and reliable UASs. DJI is an industry leader in small UAS production.

D J I UASs are loaded with ground breaking software enabling the user to set parameters which will not

allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a

predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition,

DJI software provides real

- time altitude and location information to the P I C via the linked monitor

(smart phone/tablet devices)

1.1 DJ I Phantom 2 Vision+

1.1.1 Aircraft

1.1.1.1 Supp orted Battery

– D J I 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included )

– 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to F l y )

– Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angu l ar Veloci t y

- 200 /s

1.1.1.5 Max Tilt Angel

- 35

1.1.1.6 Max Ascent Speed

– 6m/s

1.1.1.7 Max Descent Speed

– 2m/s

1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current

– Static: 750mA; D y namic: 900mA

1.1.2.2 Control Accuracy

- ±0.03

1.1.2.3 Controllable Range

– Pitch:

- 90

- 0

1.1.2.4 Maximum Angular Speed

– Pitch: 90 /s

1.1.3 Camera

1.1.3.1 Operating Temperature Range

- 32 F

- 10 4 F ( 0 C

- 40 C)

1.1.3.2 Sensor Size

– 1/2.3”

1.1.3.3 Effective Pixels

– 14M

1.1.3.4 Resolution

– 4384x3288

4.1.3.5 HD Video Recording

– 1080p30 & 720p

4.1.3.6 Recording Field of View

- 110 /85

1.1.4 Transmitter

1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz

1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m

1.1.4.3 R eceiver Sensitiv ity (1%PER)

- - 93dBm

1.1.4.4 Transmitter Power

– FCC Compliance: 100mW

1.1.4.5 Working Voltage

– 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency

– 241 2

- 2462MHz

1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m

1.1.5.3 T r ansmitter Power

– 20dBm

1.1.5.4 Power Consumption

– 2W37

APPENDIX

– B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Simeon J Fritz on l y utilizes safe and reliable UASs. DJI is an industry leader in small UAS production.

D J I UASs are loaded with ground breaking software enabling the user to set parameters which will not

allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a

predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI

software provides real

- time altitude and location information to the P I C via the linked monitor (smart

phone/tablet devices)

2.2	DJI	Inspire	1

2.2.1	Aircraft

2.2.1.1	Model

– T600

2.2.1.2	Weight	(Battery	Included)

– 6lbs	7.5291oz	(2935g)

2

. 2.1.3	Hovering	Accuracy	(GPS	Mode)

– Vertical:	0.5m;	Horizontal:	2.5m

2.2.1.4	Max	Angular	Velocity

– Pitch:	30 0 0 /s;	Yaw:	1500/s

2.2.1.5	Max	Tilt	Angle

- 3 5 0

2.2.1.6	Max	Ascent	Speed

– 5m/s

2.2.1.7	Max	Descent	Speed

– 4m/s

2.2.1.8	Max	Speed

– 22m/s	(ATTI mode,	no	wind

– NOT	RECOMMENDED)

2.2.1.9	Max	Flight	Altitude

– 4500m

2.2.1.10	Max	Wind	Resistance

– 10m/s

2.2.1.11	Max	Flight	Time

– Approximately	18	minutes

2.2.1.12	Motor	Model

– DJI	3510

2.2.1.13	Propeller	Model

– DJI	1345

2.2.1.14	Operating	Temperature Range

– 14 0 F	to	1040F	(

- 10 0 C	to	400C)

2.2.1.15	Dimensions

– 17	1⁄4”	x	17	3⁄4”	x	12”

2.2.2	Gimbal

2.2.2.1	Model

– ZENMUSE	X3

2.2.2.2	Output	Power	(with	camera)

– Static:	9W;	In	Motion: 11W

2.2.2.3	Operating	Current

– Static:	750mA;	In	Motion:	900mA

2.2.2.4 A n gular	Vibration	Range

- ±0.0 3 0

2.2.2.5	Mounting

– Detachable

2.2.2.6	Controllable	Range

– Pitch:

- 90 0 to	+300;	Pan:	±3200

2.2.2.7	Mechanical	Range

– Pitch:

- 125 0 to	450;	Pan:	±3300

2.2.2.8	Max	Controllable	Speed

– Pitch:	12 0 0 /s;	Pan:	1800/s

2.2.3	Camera

2 .2.3.1	Name

– X3

2.2.3.2	Model

– FC350

2.2.3.3	Total	Pixels

– 12.76M

2.2.3.4	Effective	Pixels

– 12.4M

2.2.3.5	Image	Max	Size

– 4000x3000

2.2.3.6	ISO	Range

– 10 0

- 3200

2.2.3.7	Field	of View

- 9 4 0

2.2.3.8	CMOS

– Sony	EXMOR	1/2.3”

2.2.3.9	HD	Video	Recording

– UHD(4K):	4096x2160p24/25,

3840x2160p24/25/30;	FHD:	1920x1080p24/25/30/48/50/60;	HD:

1280x720p24/25/30/48/50/60

2.2.3.10	Operating	Temperature	Range

- 32 0 F

- 10 4 0 F	(00C

- 40 0 C)

2.2.4 Transmitter

2.2.4.1	Name

– C1

2.2.4.2	Operating	Frequency

– 5.72 8

- 5.850G H z;	2.40 0

- 2.483GHz

2.2.4.3	Communicating	Distance	(unobstructed)

– 2000m

2.2.4.4	Output	Power

– 9W

2.2.4.5	Operating	Temperature	Range

- 14 0 F	to	1040F	(

- 10 0 C	to	400C)

2.2.4.6	Battery

– 600mAh	LiPo	2S