1

Attn: December 9 , 2015 U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Ave, SE Washington, DC 20590

To whom th is may concern,

SUMMARY

Brent Lucie

, seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of th e FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit

Brent Lucie to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography, real estate photography, and landscape over certain

areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Brent Lucie provides his clients with the high quality digital conten t for use in the marketing

and sale of their real estate and/or construction projects. Brent Lucie has recreational/hobby experience in all aspects of aerial video and photography. The objective of this is to provide aerial video and photography operations of high quality imaging for:

 Real Estate Videography and Photography

 Construction sites before, during and after

 Landscape design before, during and after

BACKGROUND

Unmanned Aircraft Systems:

Brent Lucie seeks an exemption to operate Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 systems for compensation or hire within the NAS. The Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic

ta blet, smartphone, and or android transmitter systems. The Yuneec Q500 typhoon has a maximum gross weight of 2.81 pounds, a length of 16.5 inches, width of 22

. 1 inches, height of

9.5 inches, and a maximum speed of approximately 18.41 mph. The DJI Phantom Professional has a maximum gross weight o f 2.81 pounds, a length of 23.2 , width of 23.2, height of 11.8 inches, and a maximum speed of approximately 35.67 mph. The DJI Inspire 1 has a maximum gross weight 6.48 o f pounds, a length of 17.25 inches, width of 17.76 , height of 22 inches and a maximum speed of approximately 40.26 mph. All UA ’s are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UA that will be operated by Brent Lucie, will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part2

47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION Petitioner, Brent Lucie , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the

Admi nistrator to commercially operate the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS in the National Airspace System (NAS) , and for an exemption from the requirem ents 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 limi ted operating area associated with the unmanned aircraft and its operation, Brent Lucie’s operation of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS meets the con ditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in ac cordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Brent Lucie requests relief from Se ctions 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sect ions set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Brent Lucie submits that the request ed relief is

prop er since an equivalent level of safety will be ensured. Brent Lucie will use experienced

pers onnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices presc ribed in the ope rating documents

.

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

and limitations: Pilot in command , is requested by Brent Lucie 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 certifi cate, and who has demonstrated, that the PIC is able to safely operate the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS in a manner consistent with

this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Brent Lucie seeks relief from Section 91.7(a), entitled Civil aircraft airworthin ess , because the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Brent Lucie will ensure that the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS is in airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating docum ents and

that the aircraft is in a condition for safe flight.3

Brent Lucie also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1

UA will not have a typical barometric altimeter onboard. Howev er, altitude information of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UA will be provided to the

PIC via 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 Brent Lucie’s operation of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS wit hin visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally

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

. Brent Lucie submits that safety will not be affected by operation of Yuneec Q500 typhoon, DJI Phantom 3 Professional,

or DJ I Inspire 1 UA during daylight hours in visual meteor ological conditions (VMC) under

visual flight rules (VFR), with enough battery power to fly for a total duration of approximately

20 minutes to the first point of intend ed landing and, assuming normal cr uising speed, to fly after

that for at least 4 minutes.

In accordance with 14 C.F.R. § 11.81, Brent Lucie pro vides 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:

Brent A. Lucie 11031 Long Branch Dr. Chesterfield, VA 23832

804

- 400

- 3736 PremierIrrigation.va@verizon.net

B. The Specific Sections Of 14 C.F.R. from Brent Lucie Seeks Exemption.

1. Brent Lucie 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 m ay act as a pilot in command (PIC) of an aircraft that is carrying passenge rs or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.4

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

—

(1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. Brent Lucie 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. Brent Lucie Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of

that aircraft, as the case may be, by reference to an altimeter that is set, when operating

--

(1) Below 18,000 feet MSL, to

--

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

(ii) If there is no station within the area prescribed in paragraph (a )( 1)(i) of this section, the current reported alti meter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of

the departure airport or an appropriate alt imeter setting available before

d eparture.

4. Brent Lucie 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:5

(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, ass uming normal cruising speed, to fly a fter that for at

least 20 minutes.

5. Brent Lucie 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 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. Brent Lucie 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. Brent Lucie 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

unles s, within the preceding 12 calendar months, it has had

--

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

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

8. Brent Lucie 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:6

(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, prevent ive ma intenance, and alteration and

records of the 100

- hour, annual, pro gressive, and other required or approved inspections, as appropriate, for each aircra ft (including the airframe) and each engine, propeller, rotor, and appliance o f an aircraft. The records must include

--

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

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

(iii) The signature and certificate number of the person approving the

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller,

and each rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, a nd 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 t he aircraft, including the time since

the last inspection requir ed by the inspection program und er which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive num ber and revision date. If the AD or safety directive involves recurring action, the time a nd 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 curre ntly in stalled engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:7 (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 regis tered owner or operator under § 43.11 of this chapter shall be retained until the defects a re repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Brent Lucie Seeks And The Reason Brent Lucie Seeks The Relief.

1. E xtent Of Relief Brent Lucie Seeks and the Reason Brent Lucie Seeks Relief

From Section 61.113(a) And (b)

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:

Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the p roposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only inciden tal 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, Brent Lucie submits tha t an equivalent level of safety will

be maintained because no PIC will be allowe d to operate the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS unless that PIC has met certain flight

- hour

and currency requirements, demonstrating that the PIC is ab le to safely operate either the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS in a manner

consistent with the operations specifications as described in this e xemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances fro m people, vessels, vehicles and structu res.

Further, Brent Lucie submits that all flights of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UASs, conducted by the PIC pursuant to the gran t of this Petition: (1) will be incidental to Brent Lucie business; and (2) will not c arry passengers or property for compensation or hire.

2. Extent Of Relief Brent Lucie Seeks And The Reason Brent Lucie Seeks Relief

From Section 91.7(a)8

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Brent Lucie to determine that the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UASs are in airworthy condition prior to ev ery flight by ensuring that the UAS is in compliance with the operating documents.

Br ent Lucie seeks the requested relief because t he Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS does not require an airworthiness ce rtificate in

accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Brent Lucie will ens ure that the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS is in airworthy

cond ition based upon its compliance with the operating documents prio r to every flight, and further, determine that the aircraft are in condition for safe fl ight, as stated in the

conditions and limitations below.

3. Extent Of Relief Brent Lucie Seeks And The Reason Brent Lucie Seeks Relief

From Section 91.121

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS, which utilize s a barometric pressure sen sor, GPS equipment, and a radio

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

P IC at the groun d control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to ai r traffic control (ATC) in feet above ground level (AGL),

Brent Lucie seeks the requested relief because the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operation s, relief from 14 CFR 91.121 is sought to the

exte nt 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 Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UA is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be establ ished prior to each flight, and provides the

PIC with altitude information of the UA on the heads

- up display of the GCS.

4. Extent o f Relief Brent Lucie Seeks and the Reason Brent Lucie Seeks Relief From

Section 91.151(b)

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of9

20 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4 minutes. Brent Lucie seeks the requested relief because without

an exemption from Section 91.151(b), the flight time dura tion of the battery powered Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 typhoon UAs will severely constrain the practicality of any aerial video or still photo flight operations that

Brent Lucie proposes to conduct p ursuant to this Petition.

5. Extent Of Relief Brent Lucie Seeks And The Reason Brent Lucie Seeks Relief

From

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), And 91.417(a) & (b)

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Brent Lucie requests relief from these

S ections because the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire

1 UAS do not require airworthiness certificates. As set forth more fully below, the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS meet the

conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Brent Luci e will use trained technicians to perform maintenance, alterations, o r preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents Furthermore, Brent Lucie will

document and maintain all maintena nce rec ords for the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UASs.

D. The Reasons Why Granting Brent Lucie 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 by allowing Brent Lucie to safely, efficiently, and economically perform aerial video and photography for real estate, special

events, and landscape over certain areas of the United States. Add itionally, use of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS will decrease congestion of the NAS, reduce pollution, a nd provide significant benefits to the economy. Notably, the benefits

of Brent Lucie propos ed operation of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS will be r ealized without implicating any privacy issues.

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

The Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UA are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilize d to obtain aerial imagery. By reducing the amount of manned aircraft

needed to perform aerial acquisitions, an exemption allowing the use of a Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety10

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 Yuneec Q500 typhoon, DJI Phantom 3

Pro fessional, or DJI Inspire 1 UA does not require an airport to takeoff or land. Likewise,

a reduction of manned aircr aft conducting aerial video and photography missions would

result in fewer aircraft that must be handled by air traffic control during the g round, takeoff, departure, arriva l, and landing phases of flight operations.

2. The Public Will Benefit from the Safety and Efficiency Of The Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS

.

Conducti ng aerial acquisitions with the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during

traditional ae rial video and still photography flight operations. By using battery pow er and electric motors, Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1

UAS produ ce no air pollution, and is the most viable environmentally conscious

alternative to the cabin clas s, six cylinder in ternal combustion engine aircraft that are typically utilized fo r aerial video and photography, while burning approximately 20

- 30 gallons per hour o f leaded aviation fuel. The Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UA , while r edu cing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as t he UA is propelled by battery powered electric motors, rather than an internal combustion engine. By using Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspir e 1 UAS t o perform aerial acquisitions, the substantial risk to life and propert y in the air and on the ground, which is usually associated with traditional manned airc raft flight operations, will be substantially

re duced or completely eliminated. Aside f rom the la ck of flight crew members locate d onboard the aircraft, the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UA (wei ghing no more than 10 lbs. and w ith no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduc t similar operations (weighing approximately 6,000 pounds with a wingspan of approximatel y 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UASs Will Benefit the Economy.

In addition to being safe and efficient, the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS are also an economical alternative to u sing manned

aircraft to conduct similar aerial operations. As such, operation of Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS will all ow United States based companies, like Brent Lucie , to remain competitive and contribute to growth of the U.S.

economy . Specifically, with the rising cost of aviation fuel and the Environmental

Prote ction Agency (“EPA”) regulatory actions phasing out leade d aviation fuels, U.S. owned and operat ed companies must adopt new and alternative technology in order to remain competitive. Op erating the battery powered Yuneec Q500 typhoon, DJI Phantom11

3 Professional, or DJI Inspire 1 UAS is on e such technology that no t only allows companies greater operational flexibility compared t o manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating

the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 typhoon UAS, companies such as Brent Lucie , can remain competitive and pro fitable, and therefore, provide greater job stability to employees and contractors, whic h will ultimately

contribute to growth of the U.S. economy. Improved financial perfo rm ance of U.S. companies, through commercial use of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS, provides a stable workforce th at increases consumer spending; improve s local, state, and federal tax revenues; and allows compani es to invest

in research 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, Brent Lucie

, proposed operation of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UASs will not implicate any privacy issues. Speci fically,

the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UASs will be operated on ly in compliance with operating documents which requires property owner
involvement and in accordance with the Federal Avia tion Regulations, including the

minimum altitude requirements of 14 C.F.R. § 91.119.

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

1. Reasons Why Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire

1 UA Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and li mited operating area associate with the unmanned aircraft and its operation, Brent Lucie operation of the Yuneec Q500 ty phoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS meet the condition s 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 t o operate without airworthiness certification and sets forth requirements for consider ing whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security.

In seeking this exemption, Brent Lucie submits that the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS can operate safely in the NAS p ursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS; (b) the pi lot certification requirement; and (c) the specific operating limitations.12 a. The Specifications Of The Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS Demonstrate Its Safe Characteristics.

Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 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 Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS

.

The technical specifications of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS are set forth by the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 user manual

, attached hereto as Exhibit A

.

ii. The Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS A utonomous Flight And Navigation Modes Enable The

UAS To Remain Within A Defined Operational Area.

The Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1

UAS may be operated in both man ual and fully autonomous flight modes. A complet e description of the flight and navigational modes of the Yuneec Q500 typhoon, DJI Phan tom 3 Professional, or DJI Inspire 1 UAS are provided at Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 User Manuals, attached hereto as Exhibit A

.

iii. The Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS Are Designed For Automatic Retur n To Home Point

Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UA will remain stationary, in flight, for 3

seconds or more. If, after 3 seconds, the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAs

, do not r eacquire control

link data from the GCS, the UAs will assume that the Control Link is lost

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

and will desc end to the takeoff position and shutdown. A complete description of the Failsafe Functions of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 are d escribed within the User Manuals, attached hereto as Exhibit A

.

iv. Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire

1 GCS And Its Operation.13 A complete description of the operation and specifications of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 GCS and flight control software is pro vided in the User Manuals and a re attached

hereto as Exhibit A

.

a

. Flight Operations of Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS Are Limited to the Line Of S ight of Pilot in Command with A Safety Observer.

b . Additionally, a safety observer will assist all pilots during flight time.

c. Flights of Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1

UASs Will Be Conducted Pursuant To Specific Operating Limitations

.

In seeking this exemption, Brent Lucie p roposes to commercially operate Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS for the speci al purpose of conducting aerial video and ph otography over certain areas of United

St ates, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption w ill be limited to the following aircraft described in the operating documents , rotorcraft UASs

we ighing less than 55 pounds maximum gross weight: Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 . Proposed o perations of any other

aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be l imited to conducting operations for the purpose of aerial video and photography , and real

- estate

.

3. The UAS may not be flown at a n indicated airspeed exceeding 50 knots.

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

ATC must be in feet AGL.

5. The UAs must be operated within visual line of sig ht (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.

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 ve rbally at all times.14 Electronic messaging or texting is not permitted durin g fli ght operations. The PIC

must be designated before the flight and cannot transfer his or her designation for

the duration of the flight. The PIC must ensure t hat the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyon d assisting the PIC with seeing and avoiding other air traffic and other ground b ased obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exe mption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations c ontained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the gra nt of exemption take precedence

a nd must be followed. Otherwise, the operato r must follow the procedures as outlined in its operating documents. The op erator may update or revise its operating documents. It is the operator’s respons ibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revise d documents if it petitions for extension or amendment to the grant of exempt ion. If the operator determines that any update or revision would affect the b asis upon which the FAA granted the exemption, then the operator must petition fo r amendment to its grant of exemption. The FAA’s UAS Integration Offi ce (AFS

- 80) may be co ntacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect th e UAS to ensure that it is in a condition for safe flight. If the inspection revea ls a condition that affects the safe

op eration of the UAS, the aircraft is proh ibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All mainten ance a nd alterations must be properly documented in the

aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. r eplacement of a flight critical component, must undergo a fu nctional test f light. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all pot ential discrepancies, e.g. inoperable components, items, or equipm ent, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS man ufacturer’s aircraft/component,
maintenance, overhaul; replacement, inspection, and life limit requirements.15 14. The operator must carr y out its maintenance, inspections, and record keeping requirements, in accordance with the op erating documents. Maintenance, inspection, alterations, and status of replacement/overhaul compone nt parts must be noted in the aircraft records, including tot al time in service, description of work accomplished, and the signature of the authorized person returning the UAS

to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must ma ke an entr y in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

1 7 . The operator may not permit any PIC to o perate unless the PIC meets the operator’s qualification criteria and demonstrate s the abi lity to safely operate the

UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emer gency maneuvers and maintaining appropriate distances from persons, vessel s, vehicles and structures. PIC qualification f

light hours must be logged in a m anner 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. H owever, training operations may only be conducted during dedicated trai ni ng sessions. During training, proficiency, and experience

- building flights, all p ersons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

1 8 . UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under v isual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

19 . The UA may not operate within 5 nautical miles o f an airport reference point

as denoted on a current FAA

- published aerona utical chart u nless 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 manag ement must be made available to the

Administr ator upon request.

2 0 . The UA may not be operated less than 500 feet below o r less than 2,000 feet horizontally from a cloud or when visibility is les s than 3 statute miles from the

PIC.16 2 1 . If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be

recovered in accordance with the operating documents.

2 2 . The PIC must abort the flight in the ev ent of unpredicted obstacles or emergencies in accordance with the operating documents.

2 3 . The PIC is prohibited from beginning a flight unless (con sidering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and lan d the UA with 25% battery power rem aining.

24. All aircraft operated in accordance with the exemption mus t be identified by serial number, registered in accordance w ith 14 C.F.R. part 47, and have identification (N

- Number) markings in acc ordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

2 5 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 m ust be

available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These document s must be made available to the A dministrator or any law enforcement official upon request.

2 6 . The UA must remain clear and yield the right o f way to all manned aviation operations and activities at all times.

2 7 . The UAS may not be operated by the PIC from any moving device or

ve hicle.

2 8 . Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present t hat suffic iently protect nonparticipating persons from the UA and/or debris i n the event of an accident. The operator must ensure that nonparticip ating persons remain under such protection. If a situation arises where nonp articipating persons leave such pr otection and are wi thin 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, v ehicles or structures where the owner/controller of such vessels, veh icles or structures has granted permission

and the PIC has made a s afety assessment of the risk of operating closer to those objects and determined that it does not p resent an undue hazard, and;

c. Operations nearer to the PIC, SO, operato r trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall17 be conducted over privat e or controlled

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

owner/controller or au thorized representative will be obtained for each flight to be

conducted.

30 . Any incident, accident, or flight operation that transgresses t he lateral or vertical boundaries of the operational area a s defined by the applicable COA must be reported to the FAA's UAS Integr ation O ffice (AFS

- 80) within 24 hours. Accidents must be reported to the Natio nal Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

2 . 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, Brent Lucie requests that the

FAA prescribe special conditions for the intended operation of the Yuneec Q500 typhoon, DJI Phantom 3 P rofessional, or DJI Inspire 1 UAS , which contain such safety

standar ds that the Administrator finds necessary to establish a level of safety equivalent

to that es tablished by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a) , 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b ). Such special conditions will permit safe operation of the UAs for the limited

purpose of conducting aerial video and photography over certain areas of the United

States for co mpensation or hire. FMRA Section 333 sets forth the requirements for considering whe ther a UAS will create a hazard to users of the NAS or the public, or otherwise pose a t hreat to national security; and further, provides the authority for such UAS to oper ate with out airworthiness certification in accordance with any requirements

that must be establishe d 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 Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 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 Co nditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft , aircraft engine, or propeller because of a novel or unusual design feature of t he aircraft, aircraft engine or propeller, he prescribes special conditions and amen dments thereto for the product. The special conditions are

issued in accordance w ith Part 11 of this chapter and contain s uch safety standards for the aircraft, airc raft engine or propeller as the FAA finds necessary to establish a level of safety eq uivalent 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 Brent Lucie intended operation of the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS , which contain such safety

st andards that the Administrator finds necessary to establis h a lev el of safety equivalent18

to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules

From Which Brent Lucie Seeks Exemption:

Brent Lucie 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 91.41 7(a) & (b).

A Brief Description of the Nature of the Exemption Brent Lucie Seeks:

This exemption will permit Brent Lucie to commercially operate an Unmanned Aircraft System (UAS) for the pur

pose of conducting aerial video and photography over certain areas of the United States.

G. Any Additional Information, Views, or Arguments Available To Support Brent Lucie Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transpo rtation to determine if certain UAS may operate safely in the NAS. As such, Brent Lucie 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 req uirements for considering whether a UAS will create a hazard to users of the NAS or the public, or othe rwise pose a threat to national security; and further, provides the

au thority for such UAS to operate without airworthines s certification. As discussed i n detail above, Brent Lucie will operate the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Brent Lucie 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 Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Insp ire 1 UAS commercially, without an airworthiness certificate, for th e 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 th e FAA Modernization and Reform Act of 2012, while also advanci ng the interests of the public, by allowing Brent Lucie to safely, efficiently, and economically operate the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UASs c ommercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA19

Modernization and Reform Act of 2012, Section 333, Brent Lucie respectfully requests that 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 Brent Lucie to operate the Yuneec Q500 typhoon, DJI Phantom 3 Professional, or DJI Inspire 1 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: December 9, 2015

_________________________ Brent Lucie 11031 Long Branch Dr. Chesterfield, VA 23832 (804)400-3736 PremierIrrigation.va@verizon.net

Appendices:

A

– Yuneec Q500 manufacturer’s User manual Yuneec Q500 Manual web address http://www.yuneec.com/download/manuals/typhoon_q500_instruction_manual_v2.1.pdf

Yuneec.com

B

- DJI Phantom 3 Professional Manufacturer’s User Manual

DJI Phantom 3 Advanced Manual web address
https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1.6.p df

DJI.com

C- DJI Inspire 1 Manufacture’s User Manual DJI Inspire 1 User Manual web address

https://dl.djicdn.com/downloads/inspire_1/en/Inspire%20_1_User_Manual__V1.8.pdf

DJI.com