October	14 ,	2015
Attn:	U.	S.	Department	of	Transportation	Docket	Operations West	Building	Ground	Floor,	Room	w12

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

EPICOSITY,	LLC	REQUESTS	AN	EXEMPTION	FROM	THE	REQUIREMENTS	OF	TITLE	14	OF	THE	CODE	OF FEDERAL	REGULATIONS	SEC TIONS	61.113(a)	&	(b),	91.7(a),	91.121,	91.151(b),	91.405(a),	91.407(a)(1), 91.409(a)(1)	&	(a)(2),	AND	91.417(a)	&	(b)	CONCERNING	COMMERCIAL	OPERATION	OF	DJI	PHANTOM	2 UNMANNED	AIRCRAFT	SYSTEMS	PURSUANT	TO	SECTION	333	OF THE	FAA	MODERNIZATION	AND REFORM	AC T	OF	2012	(PUBLIC	LAW	112

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SUMMARY
Epciosity, LLC 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	Sys tem	(DJI	Phantom	2)	pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of 2012	(FMRA).	This	exemption	will	permit	Epicosity,	L LC to	operate	an	Unmanned	Aircraft	System	(UAS) for	the	commercial	purpose	of	conducting	aerial	video	and	photography of	construction	sites,	residential and	commercial	real	estate, civil	landscapes	&	events, agricultural	landscapes and	remote	outdoor locations over	certain	areas	of	the	United	States.

INTRODUCTION	AND	INTERESTS	OF	THE	PETITIONER

Since	its	establishment in	2008	as	a	full

- service	advertising	agency,	Epicosity,	L LC has	provided	award

winning	marketing	campaigns	for	its	clients	in	South	Dakota	and	surrounding	areas,	as	well	as	award

winning	materials	for	its	clients	across	the	United	States	and for its	inter national	clients.	These	clients include	private	sector	businesses,	non

- profits	and	well	as	local and state	agencies.	With	expertise	and knowledge	in	video production ,	photography,	print,	public	relations	and	digital marketing, Epicosity,	L LC is	always	sear ching	for	the	forefront	of	the	advertising	and	marketing	industry	by	training	and	using technological	advances	and	solutions.	The	hard	work	has	not	gone	unrecognized,	as	Epicosity,	L LC was recently	named,	by	Inc	5000,	as	one	of	the	fastest	growing	companie s	in	the	United	States.	Epicosity, L LC has	worked	on	numerous	projects	during	its	exponential	seve n

- year	growth	and	sustains	a	perfect client	and	employee	safety	record.

Epicosity,	L LC has	not	provided	aerial	photography	or	video	footage	in	the	past	due	t o	the	b urden	of cost	it	put	place	on its	clients.	However,	the	objective	of	Epicosity,	L LC is	to	provide	a	more	affordable opportunity	to	acquire	aerial	photography	and	video	footage	while	still	maintaining	its	expectations	of safety

— for	its	staff	& clients	as	well	as	the	aviation	community	and	the	general	public

— and	providing the	highest	quality	production	available.	These	productions	are	targeted,	but	not	limited,	to:• Construction	sites,	before	and	after

• Real

- estate	marketing

• Civic	landmarks

• Special	event	coverage

• Agricultural	landscapes

• Remote	Outdoor	Industry	locations

Epicosity,	L LC video	staff,	comprised	of	2	people,	have	flown	the	DJI	Phantom	2	electric	quadcopter recreationally	for	approximately	1	year	without	incident.
Background

Unm anned	Aircraft	Systems:	DJI	Phantom	2,	UAS

Epicosity,	L LC seeks	an	exemption	to	operate	a	DJI	Phantom	2 UAS for	compensation	or	hire	within	the National	Airspace	System	(NAS).	The	DJI	Phantom	2 UAS is	a	vertical	takeoff	and	landing	Unmanned Aircraft	with a	Ground	Control	Station	monitored	by	a	tablet	or	smartphone	systems.	The	UAS	Epicosity, L LC intends	to	operate

— the	DJI	Phantom	2

— weighs	2.20	lbs.	(with	batteries,	propellers	and	gimbal included),	and	uses	a	GoPro	Hero	3+	(with	intensions	of	a	GoPro	Hero	4 )	weighing	2.61	oz.	while	having a	diagonal	dimension	of	13.78	inches,	a	maximum	speed	of	approximately 33	miles	per	hour

— however the	maximum	speed	is	not	recommended

— and	a	maximum	flying	height	of	400	feet.	The	DJI	Phantom	2 is	equipped	with	four	main	rot ors	powered	by	DJI	Smart	Battery	Lithium	Polymer	batteries.
The	DJI	Phantom	2	that	will	be	operated	by	Epicosity,	L LC 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

Epicosity,	L LC ,	pursuant	to	the	provisions	of	the	Federal	Aviation	Regulations	(14	C.F.R.	§ 11.61)	and	the FAA	Modernization	and	Reform	Act	of	2012	( FMRA),	Section	333, Special	Rules	for	Certain	Unmanned Aircraft	Systems ,	hereby	petitions	the	Administrator	to	commercially	operate	the	DJI	Phantom	2,	UAS	in the	National	Airspace	System,	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)

• 91.417(a)	&	(b)In	c onsideration	of	the	speed,	weight,	size	and	limited	operating	area	associated	with	the	DJI	Phantom	2 UAS	and	its	operation,	Epicosity,	L LC meets	the	condition s	of	FMRA	Section	333	and	therefore,	will	not require	an	airworthiness	certificate	in	accordance	wi th	14	C.F.R.	Part	21,	Subpart	H,	which	sets	forth requirements	for	considering	whether	a	UAS	will	create	a	hazard	to	users	of	the	National	Airspace Sy s tem	or public,	or	otherwise	pose	a	threat	to	national	security.	In	seeking	this	exemption,	Epicosity, L LC proposes	the	DJI	Phantom	2	UAS	operates	safely	in	the	NAS	pursuant	to	FMRA	Section	333,	as demonstrated	by:	(a)	the	characteristics	of	the	DJI	Phantom	2	UAS;	(b)	the	pilot	certification requirement;	and	(c)	the	specific	operating	limitations.
Explanation of	for	Relief	of	Sections
Section	61.113(a)	and	(b),	entitled: Private	pilot	privileges	and	limitations:	Pilot	in	command
(a) No	person	who	holds	a	private	pilot	certificate	may	act	as	a	pilot	in	command (PIC)	of	an	aircraft	that	is	carrying	passengers	or property	for	compensation	or hire;	nor	may	that	person,	for	compensation	or	hire,	act	as	PIC	of	an	aircraft.
(b) A	private	pilot	may,	for	compensation	or	hire,	act	as	PIC	of	an	aircraft	in connection	with	any	business	or	employment	if

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

Epicosity,	L LC ,	petitions	exemption	of	Section	61.113	(a)	and	(b)	because	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	b usiness	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	comp ensation	or hire.	Epicosity,	L LC proposes	the	exemption	because	all	flights	of	the	DJI	Phantom	2 UAS	conducted	by the	PIC	pursuant	to	the	Petition:	a ) will	be	incidental	to	Epicosity,	L LC ’s	business;	and	b ) will	not	carry passengers	or	property	for	compensation	or	hire.	Furthermore,	Epicosity,	L LC proposes	that	an equivalent	level	of	safety	is	maintai ned	because	no	PIC	will	be	allowed	to	operate	the	DJI	Phantom	2 UAS	unless	that	PIC	has	met	certain	flight

- hour	and	currency	requirements,	demonstrating	that	he	or she,	the	Per s on	in	Control	of	the	UAS,	is	able	to	safely	operate	the	DJI	Phantom	2	UAS	in	a manner consistent	with	the	operations	specification	as	described	in	this	exemption,	including	evasive	and emergency	maneuvers,	as	well	as	maintaining	appropriate	distances	from	people,	vessels,	vehicles	and
structures.
Considering	Epicosity	L LC ’s	area	of operations,	and	the	operating	limitations	set	fo rth	previously	in	this petition ;	the	parallel	nature	of	private	pilot	aeronautical	knowledge	requirements	to	those	of commercial	pilot	requirements	(See	Exemption	No.	11062);	and	the	airmanship	skills	necessa ry	to	safely operate	the	DJI	Phantom 2 UAS,	Epicosity,	L LC proposes	the	additional	manned	airmanship	experience of	a	commercially	certificated	pilot	would	not	correlate	to	the	airmanship	skills	necessary	for	Epicosity, L LC ’s	specific	proposed	flight	operat ion.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.
Exemption	of	Section	91.7(a)	is	proposed	to	allow Epicosity,	L LC to	determine	that	the	DJI	Phantom	2 UAS	operated	is	in	airworthy	condition	prior	to	every	flight	by	ensuring	the	UAS	is	in	compliance	with the	opera ting	documents.	Epicosity,	L LC submits	the	DJI	Phantom	2	UAS	does	not	require	an airworthines s	certificate	in	accordance	with	14	C.F.R.	Part	21,	Subpart	H.	However, before	every	flight Epicosity,	L LC will	ensure	that	the	DJI	Phantom	2	UAS	is	in	airworthy	condition	based	upon	its compliance	with	the	operating	documents	including:	Monthly	Maintenanc e	Log,	Epicosity	Pre

- flight Manual	and	the	DJI	Phantom	2	Operational	Manual.

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 altimeter	setting	of	an	appropriate	available	station;	or	(iii)	In	the	case	of	an aircraft	not	equipped	with	a	radio,	the	elevation	of	the	departur e	airport	or an	appropriate	altimeter	setting	available	before	departure.

Epicosity,	L LC seeks	exemption	from	Section	91.121	t o	operate	the	DJI	Phantom	2	UAS	since	the	FAA requires	any	altitude	information	concerning	UAS	operations	to	be	reported	to	air	tr affic	control	in	feet above	ground level,	because	the DJI	Phantom	2	UAS’s	altimeter	may	be	set	on	the	ground	to	zero	feet AGL,	rather	than	the	local	barometric	pressure	or	field	altitude,	before	each	flight.	However,	an equivalent	measure	of	safety	is	main tained	because	the	DJI	Phantom	2	UAS	is	equipped	with	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.	This	system	ensures tha t	a	ground	level	pressure	setting	will	be	established	prior	to	each	flight,	and	it	provides	the	PIC	with altitude	information	of	the	UAS	on	the	heads

- up	display	of	the	ground	control	station.

Section	91.151(b),	entitled Fuel	requirements	for	flight	in	VF R	conditions
(b) No	person	may	begin	a	flight	in	a	rotorcraft	under	VFR	conditions	unless (considering	wind	and	forecast	weather	conditions)	there	is	enough	fuel	tofly	to	the	first	point	of	intended	landing	and,	assuming	normal	cruising speed,	to	fly	after	th at	for	at	least	20	minutes.

Epicosity,	L LC proposes	exemption	from	Section	91.151(b)	because	the	DJI	Phantom	2	UAS	does	not require	fuel	because	it	is	powered	by	DJI	Smart	Battery	Lithium	Polymer	batteries,	and	without	this exemption	the	limitations	of	flight	time	duration	would	significantly	rest rict	the	operations	of	any	aerial data	collection	(photography	or	videography)	of	which	Epicosity,	L LC chooses	to	conduct.	The	equivalent level	of	safety	is	maintained	because	Epcisoity,	L LC will	only	operate	the	DJI	Phantom	2	UAS	during daylight	hours	in visual	meteorological	conditions,	under	visual	flight	rules	fo r	a	maximum	total	duration of	25	minutes;	and	battery	power	indicators	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. Furthermore,	Epicosity,	L LC flight operations	limits	the	DJI	Phantom	2	UAS	to	15	minutes	maximum	per	battery	at	which	time	the	aircraft must	be	grounded	and	a	new,	fully

- charged	battery	replaces	the	previous	battery.
Section	91.405(a), 91.407(a)(1),	91.40 9(a)(1)	&	(a)(2),	and	91.417(a)	&	(b)

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[.]

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

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

Section	91.409 ,	entitled Inspections ,	subsection	(a),	states	the	following:
(a) Except	as	provided	in	paragraph	(c)	of	this	section,	no	person	may	operate	an aircraft	unless,	within	the	preceding	12	calendar	months,	it	has	had

– (1)	An	annual inspection	in	accordance	with	part	43	of	this	chapter	and has	been	approved	for	return	to	service	by	a	person	authorized	by	§ 43.7	of	this	chapter;	or
(2)	An	inspection	for	the	issuance	of	an	airworthiness	certificate	in accordance	with	part	21	of	this	c hapter.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
spec ified	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	airfr ame)	and	each	engine,	propeller,	rotor	and appliance	of	an	aircraft.	The	records	mus t 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 service. (2.) Records	containing	the	following	information: (i) Total	time	in	service	of	the	airframe,	each engine,	each	propeller,	and	each	rotor. (ii) The	current	status	of	life

- limited	parts	of each	airframe,	engine,	propeller,	rotor	and appliance. (iii) The	time	since	last	overhaul	of	all	items installed	on	the	aircraft	which	are	required to	be	overhauled	on	a	specified	time	basis. (iv) The	current	inspection	s tatus	of	the	aircraft, including	the	time	since	the	last	inspection required	by	the	inspection	program	under which	the	aircraft	and	its	appliances	are maintained. (v) The	current	status	of	the	applicable airworthiness	directives	(AD)	and	safety directives	inc luding,	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	th is	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	the	periods prescribed: (1.) The	records	specified	in	paragraph	(a)(1)	of	t his 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	a ircraft	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.

Epicosity,	L LC proposes	exemption	from	Sections	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2), and 91.417(a)	&	(b)	because	they	only	apply	to	aircraft	with	an	airworthiness	certificate.	Epicosity,	L LC ’s	DJI Phantom	2	UAS	does	not	require	airworthiness	certificates	and	the	UAS	meets	the	conditions	of	FMRA Section	333	for	operation	without	an	airwort hiness	certificate.	Epicosity,	L LC will	adhere	to	an equivalent	measure	of	safety	by	using	trained	technicians	to	perform	maintenance,	alterations	or preventive	maintenance	on	the	DJI	Phantom	2	UAS	pursuant	to	Epicosity	L LC ’s	Aerial	Operations Manual,	Monthly	Maintenance	Log	and	the	DJI	Phantom	2	Instruction	Manual.	Finally,	Epicosity,	L LC will document	and	maintain	all	maintenance	records	for	the	company’s	DJI	Phantom	2	UAS.

Public	Interest

Granting	an	exemption	from	th e	proposed	rules,	previously	described	in	this	document,	further benefits	the	public	interest	by	allowing	Epicosity,	L LC to	safely,	efficiently	and	economically	produce aerial	video	and	photography	of	construction	sites,	residential	and	commercial	real	est ate,	civil landscapes,	special	events,	agricultural	landscapes	and	remote	outdoor	locations	over	certain	areas	of the	United	States.	Operation	of	the	DJI	Phantom	2	UAS	decreases	congestion	in	the	National	Airspace System,	reduces	pollution,	benefits	the	ec onomy	and	also	adds	another	watchful	eye	for	the	FAA	in regards	to	safe	and	legal	flying	of	Unmanned	Aircraft	Systems.
The	battery	powered	DJI	Phantom	2	UAS	is	a	safe,	efficient	and	economical	alternative	to	more traditional	options	for	aerial	video	and	p hotography.	Not	only	are	the	pilot and	camera	operator	in safer positions

— substantially	reducing	risk	to	life	and	property in	the	air	and	on	the	ground

— the DJIPhantom	2	UAS	reduces	the	amount	of	manned	aircrafts	needed	to	perform	aerial	data	collection,	t hus reducing	the	amount	of	aircrafts	in	the	National Airspace	System;	t he	aircraft	is	safely	monitored	from the	ground	via	a	telemetric	ground	control	system,	while	being	operated	by a	licensed	Person	in Control	with	the	support	of	a	Safety	Observer.		Furt hermore,	because	the	small	dimensional	size	of	the DJI	Phantom	2	UAS	does	not	operate	on	fuel,	there	is	less	risk	of	collateral	damage	than	a	traditional aircraft	that	would	be	conducting	similar	data	collection	operations.
In	regards	to	the	use	of	the	DJ I	Phantom	2	UAS	as	an	economical	benefit:	Epicosity,	L LC can	remain	on the	forefront	of	the	advertising	and	marketing	industry.	Armed	with	a	Section	333	exemption,	Epicosity, L LC remains competitive	and	profitable	by	providing	job	stability	to	employees	an d	contractors,	while contributing	to	the	growth	of	the	U.S.	economy.	With	this	competitive	edge,	Epicosity,	L LC provides	a stable	workforce	increasing	consumer	spending	which	affects	the	overall	local, state,	and	federal	tax

revenues.
Furthermore,	Epicosi ty,	L LC has	taken	an	extremely	firm	stance	on	the	issue	of	safe	flight.	It	is	apparent that	the	UAV	industry	will	grow	exponentially	in	Q4	of	2015.	With	that	growth,	more	and	more	people will	be	flying	UAVs	than	ever	before , making	the	policing	of	this	aer ial	industry	even	more	troublesome. By	granting	a	Section	333	to	Epicosity,	L LC the	Federal	Aviation	Administration	is	not	only	granting	a privilege	to	a	responsible	entity	but	it	is	adding	another	watchful	eye	to	the	sky.	With	the	Section	333 exemption	Ep icosity,	L LC offers	a	certified	legal	service	which	potential	clients	and	the	general	public	can trust	to	fly	affordably,	safely	and	legally

. T he	privilege	of	Section	333	to	Epicosity,	L LC will	actually	make the	National	Airspace	System	safer.
Closing

In sum mation,	Epicosity,	L LC submits	a petition	for exemption	pursuant	to	14	C.F.R.	§	11.61	and	Section 333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA),	permitting	safe	operation	of	the	DJI Phantom	2	UAS	commercially,	without	an	airworthiness	cert ificate,	for	the	purpose	of	data	collection

— aerial	video	and	photography

— over certain	areas	of	the	United	States.	Considering	the	size,	weight, speed	and	altitude	limitations	of	the	UAS,	along	with	a certified Person	in	Control	of	the	DJI	Phantom	2 UAS,	wh o	meets	the	requirements	set	forth	by	the	FAA	as	descri bed	previously	in	the	document, Epicosity,	L LC poses	no	threat	to	the	National	Airspace	System,	national	security	as	well	as	the	general public.	Through	the	exemption,	as	Epicosity,	L LC has	stated	in	i ts	explanation	of	relief	from	the respective	Sections,	Epicosity,	L LC maintains	equivalent	safety	procedures	and	protocols	that	are	similar, if	not	exactly	the	same,	to	several	other	entities	granted	Section	333	exemption	by	the	FAA. Furthermore,	Epicosity ,	L LC sees	Section	333	exemption	as	privilege	and	not	as	a	certificate	of	award.

Dated:	October	14 ,	2015
Respectfully	submitted,

Travis	Berg Video	Producer Epicosity,	L LC1741	S.	Cleveland	Ave.	Ste	302 Sioux	Falls,	SD	57103 Phone:	605

- 275

- 3742;	Fax:	605

- 274

- 0842 travis@epciosity.com