1 August 6, 15

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

- 140 1200 New Jersey Ave, SE Washington, DC 20590

RE: DRONE MEDIA PUERTO RICO (“DMPR”) REQUEST FOR AN EXEMPTION 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
THE COMMERCIAL OPERATION OF “DJI PHANTOM 2 VISION+ AND PHANTOM 3 ”
UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Ricardo Vázquez
President
Drone Media Puerto Rico
PO Box 1839 Guaynabo, PR 00970

- 18392 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS.....

............................................... ............................... ...3

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

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

INTRODUCTION AND INTERESTS OF PETITIONER..

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

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

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

.................... ................................5

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

............ ...................................... ...7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DMPR SEEKS EX EMPTION.... ......7

THE EXTENT OF R ELIEF DRONE MEDIA PUERTO RICO SEEKS AND THE REASON T HE

DMPR SEEKS THE R ELIEF...................

................... ......... ....... . . . .. ... .................................10

THE REASONS WHY GRANTING DRONE MEDIA PUERTO RICO’S REQUEST WOULD BE
IN THE PUBLIC INTERE ST ...................................

............ .................. .......................... . ...13

THE REASONS WHY GRANTING THE EXEMPTION TO DRONE MEDIA PUERTO RICO
WOULD NOT ADVE RSELY AFFECT SAFETY..........................................

................ . ... ......22

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

.......... .. . .............28

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS A VAILABLE TO SUPPORT
DRONE MEDIA PUERTO RICO R EQUEST...

.......................................... . . ....................28

CONCLU SION.......................................................................... ......................................29

APPENDIX

............................................................... . ........................ ............303 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
DMPR Drone Media Puerto Rico
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 Modernizatio n and Reform Act of 2012 (FMRA)
SO Safety Observer
SOP S tandard 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

Drone Media Puerto Rico

, hereafter referred to as “ DMPR ”

, 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 ( DJI Phanto m 2 Vision+ and Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit DMPR to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial surveying

, photography a nd
videos of quarries

, construction sites, civil landscapes, residential and
commercial real estate, in the Puerto Rico territory.

INTRODUCTION AND INTERESTS OF THE PETITIONER

DMPR founder Ricardo Vazquez and his partner, Guillermo Ortiz ha ve over 10

year s of experience in the quar ry, mining and construction and demolition

waste recycling industry. Mr. Vazquez

, the President of Decont and B oard

M ember of the Association of General Contractors of America

– Puerto Rico Chapter, has vast exper ience and knowle dge in video and multi media marketing and advertising of commercial and residential developments. Mr. Ortiz, an architect and certified helicopter student pilot, is the vice president of Empresas Ortiz Brunet, Inc., an aggregate mining business that has 4 active sites in operation. The primary objective of DMPR to obtain an FAA authorization for
the commercial use of the Unmanned Aircraft System ( DJI Phantom 2 Vision+
and Phantom 3 ) in aerial operations is to provide a more affordable and up to
date surve y of the quarries , inventory and the land movement logistics

. Aside of the private use of the aerial operations in the logistics of the mining business, DMPR will provide a high

- quality production system for a variety of private

, governmental, commercial, public, and residential uses, specifically targeting :

• Construction sites before and after

• Appraisals

• Real

- estate marketing

• Economic development

• Civic landmarks

• Private and governmental training

• Governmental monitoring of coasts, forest, caves and other na tural
resources of Puerto Rico.

Mr. Vazquez and Mr. Ortiz have safely flown small RC electric quadcopters recreationally for approximately 2 years without incident.5 BACKGROUND

Unmanned Aircraft Systems : DJI Phantom 2 Vision+ and Phantom 3

, UAS

DMPR s eeks an exemption to operate DJI Phantom 2 Vision+ and Phantom 3 system for compensation or hire within the NAS. The DJI Phantom 2 Vision+ and
Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utili zing electronic tablet or smart phone systems.

The DJI Phantom 2 Vision+ and Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2” , a maximum speed of approximately 16.4’fps and a maximum flying height of 400'

. The DJI
Phantom 2 Vision+ and Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2 Vision+ and Phantom 3 that will be operated by DMPR 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, DMPR , pursuant to the provisions of the Federa l Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 2 Vision+
and P hantom 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 associated with the unmanned aircraft and its operation, DMPR operation of DJI
Phantom 2 Vision+ and Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certifica te in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, DMPR 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 w ith an airworthiness
certificate.

DMPR submits that the requested relief is proper since an equivalent level of safety will be ensured. DMPR will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on th e UAS using the methods, techniques, and practices prescribed in the operating documents6 (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ and Phantom 3 Instruction Manual). Furthermore, DMPR will document and maintain all
maintenance records and f light logs for the DJI Phantom 2 Vision+ and Phantom
3 UAS.

Although DMPR has a partner that is a certified student pilot, r elief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and
limitations: Pilot in command

, is requested by DMPR to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight hour s and currency requirement s, that the PIC is able to safely operate the DJI Phantom UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

DMPR seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

, because the DJI Phantom 2 Vision+ and Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such,

DMPR submits that they will ensure that the D JI Phantom 2 Vision+ and Phantom
3 is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ and Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight.

DMPR also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 Vision+ and Phantom 3 UAS will not have a typical barometric altimeter onboar d. However, altitude information of
the DJI Phantom 2 Vision+ and Phantom 3 will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with DMPR operation of the DJI
Phantom 2 Vision+ and Phantom 3 UAS within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, DM PR seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. DMPR submits that safety will not be affected by operation of the DJI Phantom 2 Vision+ and
Phantom 3 during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 minutes . Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely back to point of take off.7 In accordance with 14 C.F.R. § 11.81, The DMPR provides the following information in support of its petition for exemption: (Appendix D, E , F, G & H )

B. The Specific Sections Of 14 C.F.R. From Whi ch DMPR Seeks Exemption.

1. DMPR 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 (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 privat e 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 compensati on or hire.

2. DMPR Seeks Exemption From The Requirements Of Section 91.7(a).

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

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. DMPR 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 tha t aircraft, as the case may be, by reference to an altimeter that is set, when operating

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

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If the re 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; or8 (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure a irport or an appropriate altimeter setting available before departure.

4. DMPR 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 l east 20 minutes.

5. DMPR Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

—
(a) Shall have that aircraft inspected as pre scribed 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. DMPR Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration

, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, reb uilding, or alteration
unless

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

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

Section 91.409, entitled Ins pections , 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

--9 (1) An annual inspection in accordance with part 43 o f 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. DMPR Seeks Exemption From Th e 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) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

--
(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, ea ch 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 overhau led 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.10 (v) The current status of appli cable 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.

(b) The owner or operator shall retain the following records for th e periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be
retained and transferred with the aircraft at the time the aircraft is
sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief DMPR Seeks And The Reason DMPR Seeks The Relief.

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

Relief from Section 61.113(a) and (b) entitled P rivate pilot privileges and
limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- ho ur 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 PI C 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.

As set forth more fully below, DMPR s ubmits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 211 Vision+ and Phantom 3 unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safe ly operate either the DJI
Phantom 2 Vision+ and 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, ves sels, vehicles and structures.

Further, DMPR submits that all flights of the DJI Phantom 2 Vision+ and Phantom
3 UAS , conducted by the PIC pursuant to the grant of this Petition: (1) will be
incidental to DMPR business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief DMPR Seeks And The Reason DMPR 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 DMPR to determine tha t the DJI Phantom 2 Vision+ and
Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the DMPR Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Visio n+ and
Phantom 3 Instruction Manual).

DMPR seeks the requested relief because the DJI Phantom 2 Vision+ and
Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, DMPR will ensure that the DJI Phantom 2
Vision+ and Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and

DJI Phantom 2 Vision+ and Phantom 3 ) 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 DMPR Seeks And The Reason DMPR Seeks Relief From Section
91.121.

Relief from Section 91.121, entitled Altimeter settings , may be required to allow
fli ght operations of the DJI Phantom 2 Vision+ and Phantom 3 , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS) . Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), DMPR seeks the requested relief because the

DJI Phantom 2 Vision+ and Phantom 3 UA’s altimeter may b e set on the ground12 to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 Vision+
and Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, whi ch automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information
of the UA on the heads

- up display of the GCS.

4. Extent Of Relief DMPR Seeks And The Reason DMPR Seeks R elief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR
conditions , is requested to the extent required to allow flights of the battery powered DJI Phantom 2 Vision+ and Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total
duration of 23 minutes. DMPR seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision+ and Phantom 3 UAS will severely constrain the practicality of any aerial video or still photo flight operations that DMPR proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom
2 Vision+ and Phantom 3 UAS , the DJI Phantom 2 Vision+ and Phantom 3 operating documents, and DMPR’s proposed operating limitations, ensure that

DMPR will safely operate the battery powered DJI Phantom 2 Vision+ and
Phantom 3 UAS during daylight ho urs in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total
duration of 23 minutes

.
5. Extent Of Relief DMPR Seeks And The Reason DMPR Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.4 09(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, DMPR requests relief from
these Sections because the DJI Phantom 2 Vision+ and Phantom 3 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2
Vision+ and Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, DMPR will use trained technicians to perform maintenance, alterations, or preventive13 maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the DMPR Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and Phantom 3 Instruction Manual). Furthermore, DMPR will document and maintain all
maintenance records for the DJI Phantom 2 Vision+ and Phantom 3 UAS

. D. The Reasons Why Granting DMPR Request Would Be In The Public Interest; That
Is, H ow It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing DMPR to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, events and civic l andscape over certain areas of
Puerto Rico

. Additionally, use of DJI Phantom 2 Vision+ and Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of DMPR’s proposed opera tion of the DJI
Phantom 2 Vision+ and Phantom 3 UAS will be realized without implicating any privacy issues.

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

The DJI Phantom 2 Vision+ and Phantom 3 UAS are battery powered and serve

as a s afe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing
the use of a DJI Phantom 2 Vision+ and Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be
reduced. The DJI Phantom 2 Vision+ and Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photo graphy 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 Phanto m 2
Vision+ and Phantom 3 UAS.

Conducting aerial acquisitions with the DJI Phantom 2 Vision+ and Phantom 3 UAS, instead of manned aircraft, will greatly benefit the public by drastically14 reducing the levels of air and noise pollution generated during trad itional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 2 Vision+ and Phantom 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the
cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+ and
Phantom 3 UAS , while reducing the carb on footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 2 Vision+ and Phantom 3 UAS to perform aerial acquisitio ns, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight

crew members l ocated onboard the aircraft, DJI Phantom 2 Vision+ and
Phantom 3 UAS (weighing approximately 2 .8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches , and with no fuel on board), has less physical potential for collateral damage to l ife 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 2
Vision+ and Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 Vision+ and Phantom 3 UAS
will allow Puerto Rico based companies, like DMPR

, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising co st 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 and alternative technology in order to remain competitive. Operating the battery powe red DJI Phantom 2 Vision+ and 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 2 Vision+ and Phantom 3 UAS, companies such as

DMPR , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to15 growth of the U.S. eco nomy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 2 Vision+ and Phantom
3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows compani es to invest in research and development in order to remain competitive both in Puerto Rico
and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, DMPR’s proposed opera tion of the DJI Phantom 2
Vision+ and Phantom 3 UAS will n ot implicate any privacy issues, since it will be used mainly for privately owned quarries that are located at a considerable distance from residential airspace. Specifically, the DJI Phantom 2 Vis ion+ and
Phantom 3 UAS will be operated only in compliance with operating documents (i.e., DMPR Aerial Operations Manual, Monthly Maintenance Log, and DJI
Phantom 2 Vision+ and Phantom 3 Instruction Manual) which requires property
owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety,
Or How The Exe mption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which DMPR Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+ and Phantom 3 UA S Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Secti on 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, DMPR’s operation of
the DJI Phantom 2 Vision+ and Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will
create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states 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 system16 before completion of the plan and rulemaking required by section 332 of this Act or the g uidance 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

o f 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; a nd

(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) Requir ements 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, DMPR submits that the DJI Phantom 2 Vision+ and
Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ and
Phantom 3 UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision+ and Phantom 3 UAS
Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision+ and Phantom 3 UAS do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 Vision+ and Phantom 3 UAS

.

The technical specifications of the DJI Phantom 2 Vision+ and Phantom 3 UAS are set forth by the DJI Phantom 3 Use r Manual , att ached hereto as Appendix A
and B

.
ii. The DJI Phantom 2 Vision+ and Phantom 3 UAS Global Positioning Modes
Enable The UAS To Remain Within A Defined Operational Area.17 The DJI Phantom 2 Vision+ and Phantom 3 UAS may be operated in both
manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 Vision+ and Phantom 3 UAS is provided at pages 11 of the DJI Phantom 2 Vision+ and Phantom 3 User Manual

att ached hereto as Appendix A and B

.
iii. The DJI Phantom 2 Vision+ and Phantom 3 UAS Are Designed For
Automatic Return To Home Point Or Hover In The Event Of Loss Of The
Contr ol Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 Vision+ and Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI
Phantom 2 Vision+ and Phantom 3 UAS do es not reacquire control link da ta from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsaf e Functions of the DJI P hantom 2 Vision+
and Phantom 3 UAS are set forth at pages 12 through 14 of the DJI Phantom 2
Vision+ and Phantom 3 User Manual, attached hereto as Appendix A and B

.
iv. The DJI Phantom 2 Vision+ and Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom
2 Vision+ and Phantom 3 GCS and flight control software is provided at pages
23 through 29 of the DJI Phantom 2 Vision+ and Phantom 3 User Manual. DJI
Phantom 2 Vision+ and Phantom 3 User Manual is at t ached hereto as Appendix
A and B

. b. Flight Operations Of DJI Phantom 2 Vision+ and Phantom 3 UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

DMPR video production staff will be the only person s to act as a pilot in command (PIC) of the DJI Phantom 2 Vision+ and Phantom 3 UAS . Additionally, a safety observer will assist him at all times during flight time.

c. Flights Of DJI Phantom 2 Vision+ and Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, DMPR proposes to commercially operate DJI Phantom
2 Vision+ and Phantom 3 UAS for the special purpose of conducting aerial video and photography over certain areas of Puerto Rico , pursuant to the following specific operating limitations

.18 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 2
Vision+ and Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

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

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

4. The UA must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a spec ial request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

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

FAA

- issued airman medical certificate.

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

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designat ed before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting t he 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 the19 procedures outlined in the operating documents, the conditions and
limitations contained in th e 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

su ch 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 revisi ons 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 f rom 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.

1 1. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who
conducts the fu nctional 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 doc uments.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspectio n, 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 work20 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 q ualification 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 maintaining appropriate distances from persons,

vessels , vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate dista nce 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 requi red, 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 man agement must be made available to the Administrator upon request.21 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.

23. The PIC must abort the flight in the event of unpredicted obsta cles 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 requi re 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 m ade available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

30. The UAS may not be operated by the PIC from any mo ving device
or vehicle.22 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 structur es 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 perso ns 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 pe rmission 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 authorize d representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's U AS 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 61.11 3(a) And (b) Would Not Adversely Affect Safety.

DMPR submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate
the DJI Phantom 2 Vision+ and Phantom 3 UAS unless that P IC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ and Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency23 maneuvers and maint aining appropriate distances from people, vessels,
vehicles and structures.

Considering DMPR’s proposed area of operations, and the operating limitations
set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2
Vision+ and Phantom 3 UAS, DMPR submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for The DMPR’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those p resented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

DMPR will not allow any PIC to operate the DJI Phantom 2 Vision+ and Phantom
3 UAS u nless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 2 Vision+ and Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2
Vision+ and Phantom 3 UAS in a manner c onsistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 6 1.51(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 a ccomplish 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 DMPR’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot includi ng at24 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 oper ations 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 requirements in Exemption No . 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

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

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

Exemption No. 11138 at page

____. Accordingly, DMPR will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision+ and Phantom 3 UAS unless t hat PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ and 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.

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

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, DMPR will ensure that the DJI Phantom 2 Vision+
and 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) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,25 11109, 11110, 1111 2, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

The equivalent level of safety established by Section 91.121 will be maintaine d
because the altitude information of the DJI Phantom 2 Vision+ and 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 altitude information, combined
with DMPR’s operation of the DJI Phantom 2 Vision+ and Phantom 3 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude informati on will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS , in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the

DJI Phantom 3 UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, DMPR will ensure that it will safely operate the battery powered DJI Phantom 2 Vision+ and
Phantom 3 UAS during dayl ight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom
2 Vision+ and Phantom 3 UAS ; the limitations on the proposed flight operati ons; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be
ensured as the DJI Phantom 2 Vision+ and Phantom 3 UAS provide audible and visual warnings t o the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 2 Visi on+ and Phantom 3 UAS will descend and land automatically.26 Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065,
11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157,
11158, 11159, 111 60, 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, DMPR submits that the equivalent level of safety w ith regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will
be met because DMPR will use trained technicians to perform maintenance, alterations, or p reventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., DMPR Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2
Vision+ and Phantom 3 Instruction Manual). Furthermore, DMP R will document
and maintain all maintenance records for the DJI Phantom 2 Vision+ and
Phantom 3 UAS.

Since DJI Phantom 2 Vision+ and Phantom 3 UAS will be inspected as prescribed by the operating documents, DMPR will maintain the equivalent level of safe ty established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the

DJI Phantom 2 Vision+ and Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 2 Vision+ and Phantom 3 UAS
Maintenance LOG is attached hereto as ( Appendix C )

. Likewise, the exemption sought will not adversely affect safety because DMPR will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescri bed 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 2 Vision+ and Phantom 3 UAS will be performe d by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.27 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) es tablish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of DMPR’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 Vision+ and
Phantom 3 UAS

, DMPR 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 specif ic 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. Th e 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

, DMPR requests that the FAA prescribe special conditions f or the intended operation of the DJI
Phantom 2 Vision+ and Phantom 3 UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over cer tain
areas of the Puerto Rico 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, provide s the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14
C.F.R. § 21.16, for operation of the DJI Phantom 2 Vision+ and 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 engine, or propeller because of a n ovel or unusual design feature of the28 aircraft, aircraft engine 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

stan dards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the

DJI Phantom 2 Vision+ and Phantom 3 UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to
that esta blished by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

DMPR 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 Exe mption DMPR Seeks:

This exemption will permit DMPR to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial surveying, video and photography over certain areas of Puerto Rico

.

• Any Additional Information, Views, Or Arguments Available To Support The DMPR’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, DMPR’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 public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate
without airworthiness certification.29 As discussed in detail above, DMPR will operate the DJI Phantom 2 Vision+ and
Phantom 3 U AS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, DMPR seeks an exemption pursuant to 14 C.F.R. § 11.61 and
Section 333 of the FAA Moderniza tion and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 Vision+ and Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial surveying, video and photography over certa in areas of
Puerto Rico . 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 DMPR to safely,
efficientl y, and economically operate the DJI Phantom 2 Vision+ and 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, DMPR respectfully requests

t hat the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the D JI Phantom 2 Vision+ and Phantom 3 UAS commercially for the purpose of conducting aerial surveying, video and photography over
certain areas of Puerto Rico

.

Dated: August 6, 2015

Respectfully submitted,

Ricardo Vázquez
President Drone Media PR
PO Box 1 839 Guaynabo, PR 00970

- 183930 Appendi x :

A

– Link to DJI Phantom 2 Vision+ Manual: Click on link below

http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf

B

– Link to DJI Phantom 3 Manual: Click on link below

http://download.dji

- innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

C

– Flight and Maintenance Log

D

– Profile Ricardo Vázquez Rivera

E

– Profile Guillermo Ortiz Vidal

F

– Operation Manual

G

– Pilot Training

http://download.dji innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Visio n_Plus_Pilot_Training_Guide
_v1.1_ e n.pd f

H

– L etter of Recommendation Empresas Ortiz Brunet