September 4, 2015

Exemption No. 12766 Regulatory Docket No. FAA

− 2015

− 2579

Mr. Jeffrey Nichols

Owner adPharos, LLC 3350 Riverwood Parkway Suite 1900 Atlanta, GA 30339

Dear Mr. Nichols :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated June 11, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of adPharos, LLC ( hereinafter petitioner or o perator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial video, photography, search and rescue, and increase public knowledge

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1

.

In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in

reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA

finds that relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced s afety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives th e FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, adPharos, LLC is granted an exemptio n from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, adPharos, LLC is hereafter referred to as the operator.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when weighing less than 55 pounds inc luding payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

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

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation fo r the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in thi s grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and

limita tions in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The ope rator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised4

documents to the Administrator or any law enforcement official upon request. The operator must also present up dated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mu st remain at

least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it i s in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

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

, inoperable comp onents, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the

UAS is found to be in a condition for safe flight.

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

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a

current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and

main taining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (trai ni ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operat ions may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

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

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport sy mbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management mus t be made available to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibi ted from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to co nduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) ma rkings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonpartici pating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons r emain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and

b. The owner/ controller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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

.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or aut horized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the opera tional area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a mot ion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certific ate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available t o the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes

essenti al to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specifie d in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.

This exemption terminates on September 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

Enclosures1 SUMMARY

adPharos , 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 System pursuant to Section 333 of th e FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit

adPharos , LLC to operate an Unmanned Aircraft System ( UAS) for the commercial purpose of conducting aerial video and photography for c onstruction sites before and after

, real estate photography, and landscape o ver certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

adPharos provides its c lients with the high quality digital content for use in their commercial, personal, and non

- profit multimed ia projects. adPharos has recreational/hobby experience in all aspects of aerial video and photography. The objective of adPharos aerial video and photography operations is to provide high q uality imaging for a variety of , commercial, public, and residenti a l uses, specifically targeting

• Real Estate Videography and Photography

• Construction sites before and after

• Search and Rescue operations

• Increase public knowledge of UAS and promote safe UAS operations

BACKGROUND Unmanned Aircraft Systems: DJI Inspire 1 UASs

adPharos seeks an exemption to operate DJI s ystems for compensation or hire within the

NAS. The DJI Inspire 1 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic ta blet or smartphone systems. The DJI Inspire 1 has a maximum gross weight o f 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Inspire 1UA is equipped with four main rotors; driven by Lithium P olymer battery powered electric motors. The DJI Inspire 1 UA that will be operated by adPharos , LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Regis tration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION Petitioner, adPharos , 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 the2 Administrator to commercially operate the 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 operatio n, adPharos operation of 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, adPharos 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. adPharos submits that the requested relief is

prop er since an equivalent lev el of safety will be ensured. adPharos will use experienced

pers onnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed 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 adPharos to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level c ertificate, as well as an airman

medical certifi cate, and who has demonstrated, that the PIC is able to safely operate the DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate d istances from people, vessels, vehicles and structures.

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

, because the DJI Inspire 1 UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, adPharos will ensure that the 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.

adPhar os also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Inspire 1 UA will not have a typical barometric altimeter onboard.

Howev er, altitude information of the 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 adPharos operation of the 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, adPharos seeks an exemption from the requirements of Section 91.151(b ) entitled Fuel requirements for flight in VFR conditions

. adPharos submits that safety will not be affected by operation of DJI 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 16 mi nutes to the first point of intend ed landing and, assuming normal cruising speed, to fly after that for at least 4 minutes.

In accordance with 14 C.F.R. § 11.81, adPharos pro vides the following information in support of its petition for exemption:3 A. Name and Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

adPharos, LLC 3350 Riverwood Parkway Suite 1900 Atlanta, GA 30339

404

- 439

- 1029 jnichols@adPharos.com

B. The Specific Sections Of 14 C.F.R. from Which adPharos Seeks Exemption.

1. adPharos 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 passenge rs or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

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

—

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

2. adPharos 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. adPharos 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

--4 (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. adPharos 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, ass uming normal cruising speed, to fly after that for at

least 20 minutes.

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

Section 91.405, entitled Maintenance required , subse ction (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. adPharos 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. adPharos 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:5 (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 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 issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. adPharos Seeks Exemption from the Requirements of Sections 91.417(a) and 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the ma intenance, prevent ive maintenance, 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 a n 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 par ts 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.6 (iv) The current inspection status of t he aircraft, inc luding the time since

the last inspection required 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 meth od of compliance, the AD or safety directive number 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

m ajor alteration to the airframe and curre ntly installed engines, rotors, propellers, and appliances.

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 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 adPharos Seeks And The Reason adPharos Seeks The Relief.

1. Extent Of Relief adPharos Seeks and the Reason adPharos 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 connectio n 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.7 As set forth more fully below, adPharos submits tha t an equivalent level of safety will be maintained because no PIC will be allowed to operate the 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 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 structures.

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

2. Extent Of Relief adPh aros Seeks And The Reason adPharos 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 adPharos to determine that the 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.

adPharos seeks the requested relief because t he DJ I Inspire 1 UAS does not require an airworthiness ce rtificate in accordance with 14 C.F.R. Part 21, S ubpart H. Therefore,

adPharos will ens ure that the 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 flight, as state d in the conditions and limitations

below.

3. Extent Of Relief adPharos Seeks And The Reason adPharos Seeks Relief From

Section 91.121

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the 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 PIC at the groun d control station (GCS). Since the FAA requires that any altit ude information concerning UAS operations be reported to ai r traffic control (ATC) in feet above ground level (AGL),

adPharos seeks the requested relief because the 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 operations, 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 DJI Inspire 1 UA is equipped with a barometric pressure sensor

and GPS equipment, which automatically ensures that a ground level pressure setting will8 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 Of Relief adPharos Seeks and the Reason adPharos 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 DJI Inspire 1 UA during daylight hours in visual meteorological conditions (VMC), under visu al flight

rules (VFR), for a total duration of 16 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4 minutes. adPharos seeks the requested relief because without an exemption from Section 91 .151(b), the flight time

dura tion of the battery powered DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight operations that adPharos proposes to conduct pursuant to this Petition.

5. Extent Of Relief adPh aros Seeks And The Reason adPharos 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, adPharos requests relief from these

S ections because the DJI Inspi re 1 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Inspire 1 UAS meet the conditions of FMRA Section 333

for operation without an airworthiness certificate. Accordingly, adPharos 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, adPharos will document and maintain all maintenance rec ords for the DJI Inspire 1 UASs.

D. The Reasons Why Granting adPharos 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 adPharos too safely, efficiently, and economically perform aerial video and photography for real estate, special

events, and landscape over certain areas of the United States. Additionally, use of the DJI Inspire

1 UAS will decrease congestion of the NAS, reduce pollution, a nd provide significant benefits to the economy. Notably, the benefits of adPharos propos ed operation of the DJI Inspire 1 UAS

will be r ealized without impli cating any privacy issues.

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

The 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, an9 exemption allowing the use of a DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the sa fety 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 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 ground, takeoff, departure, arriva l, and landing phases of flight operations.

2. The Public Will Benefit from the Safety and Efficiency Of The DJI Inspire 1 UAS

. Conducti ng aerial acquisitions with the 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, DJI Inspire 1 UAS produ ce no air pollution, and is the most viable environmentally conscious alternative to the cabin clas s, six cylinder internal 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 DJI Inspire 1 UA , whil e r educing 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 DJI Inspire 1 UAS t o perform aerial acquisitions,

the su bstantial 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 from the la ck of flight crew members locate d onb oard the aircraft, the DJI Inspire 1 UA (wei ghing 6 pounds 7.5 ounces respectively, at maximum gross weight with length of 17. 3 inches respectively, width of 17.7 inches respectively, and w ith no fuel on board), has less physical potential for collateral d amage 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 DJI Inspire 1 UASs Will Benefit the Economy.

In addition to being safe and efficient, the DJI Inspire 1 UAS are also an economical

alternative to u sing manned aircraft to conduct similar aerial operations. As such, operation of DJI Inspire 1 UAS will allow United States based companies, like adPharos

, to remain competitive and contribute to growth of the U.S. economy . Specifically, with the rising co st of aviation fuel and the Environmental Prote ction Agency (“EPA”) regulatory actions phasing out leaded 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 DJI Inspire 1 UAS is on e such technology that not 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 operating10 the DJI Inspire 1 UAS, companies such as adPharos , 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 perform ance of U.S. companies, through commercial use of the 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, adPharos , LLC proposed operation of the DJI Inspire 1 UASs will not implic ate any privacy issues. Speci fically, the 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 adPharos Seeks Exemption.

1. Reasons Why 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, adPharos operation of the 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 airworthine ss 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, adPharos submits that the DJI Inspire 1 UAS can operate safely in the NAS p ursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Inspire 1 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Inspire 1 UAS Demonstrate Its Safe

Characteristics.

The 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.11 i. Technical Specifications Of The DJI Inspir e 1 UAS

.

The technical specifications of the DJI Inspire 1 UAS are set forth by the DJI Inspire 1 user manual , attached hereto as Exhibit A

.

ii. The DJI Inspire 1 UAS A utonomous Flight And Navigation Modes

Enable The UAS T o Remain Within A Defined Operational Area.

The 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 DJI Inspire 1 UAS is provided at pages 12

- 16

and 45

- 50 of the DJI Inspire 1 User Manuals, attached hereto as Exhibit A

.

iii. The 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, th e DJI Inspire 1UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Inspire 1 UAs

do not r eacquire control link data from the GCS, the UAs will assume that

the Control Link is lost and the UAs will return to the home po sition (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 DJI Inspire 1 at pages 13 through 15 of the DJI Inspire 1 User Manuals,

attached hereto as Exhibit A

.

iv. DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Inspire 1 GCS and flight control software is pro vided at pages 40 throu gh 47 of the DJI Inspire 1 User Manual. DJI Inspire 1 User Manuals a re attached hereto as Exhibit A

.

b. Flight Operations of DJI Inspire 1 UAS Are Limited to the Line Of S ight

of A Certificated Pilot in Command with A Safety Observer.

adPharos will only utilize certificated pilots who possess a current and valid

airman medical certificate to act as a pilot in command (PIC) of the DJI Inspire 1

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

c. Flights of DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, adPharos p roposes to commercially operate DJI Inspire

1 UAS for the speci al purpose of conducting aerial video and ph otography over12 certain areas of United St ates, pursuant to the following specific operating

limitations:

1. Ope rations authorized by this grant of exemption w ill be limited to the following aircraft described in the operating documents , rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Ins pire 1 Unmanned Aircraft System . 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.

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 feet 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 altitu des 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 P IC’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 th e PIC always maintains VLOS capability. The SO and PIC must be able to communicate ve rbally at all times.

Electronic messaging or texting is not permitted during 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 a nd 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 exemption 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 its13 operating documents. It is the operator’s respons ibility to track such revisions and present updated and revised d ocuments 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 contacted 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 operation of the UAS, the aircraft is proh ibited from operating until the necessary

mai ntenance 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 a nd alterations must be properly documented in the

aircraft records.

11. Any UA S 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 functional test f light. The PIC who conducts the functional test flight must make an en try 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 foll ow the UAS man ufacturer’s aircraft/component, maintenance, overhaul; replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the op erating docu ments. 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 t he UAS

to service.

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

16. The authorized person must make an entr y 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 lea st a current
third

- class medical certificate.14 18. The operator may not permit any PIC to o perate unless the PIC meets the operator’s qualification criteria and demonst rate s the ability 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

qu alification flight 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 ded icated trai ning 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 accor dance 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 v isual meteorological conditions (VMC). If flight at night is required, a special request will be mad e 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 o f an airport reference point

as denoted on a current FAA

- published aerona utical 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 manag ement must be made available to the Administrator upon request.

21. 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.

22. If the UA loses communications or loses its GPS s ignal, it must return to a predetermined 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 ev ent of unpredicted obstacles or emergencies in accordance with the operating documents.

24. 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 remaining.

25 . 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.15 26 . 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 Administrator or any law enforcement official upon request.

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

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

vehicle.

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

a. Barriers or structures are present that 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 protection 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 shall 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 representati ve 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 atio n Office (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, adPharos requests that the16 FAA prescribe special conditions for the intended operation of the DJI Inspire 1 UAS

, which con tain 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 compensation or hire. FMRA Section 333 sets

for th 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 operate with out airworthiness certification in ac cordance 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 DJI Inspire 1 UAS, since the airworthine ss 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 sp ecial conditions and amen dments thereto for the product. The special conditions are issued in accordance w ith Part 11 of this chapter and contain such 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 adPharos intended operation of the DJI Inspire 1 UAS

, which contain such safety st andards that the Administrator finds necessary to establish a

lev el of safety equivalent 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 adPharos Seeks Exemption:

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

A Brief Description of the Nature of the Exemption adPharos Seeks:

This exemption will permit adPharos 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.17 G. Any Additional Information, Views, or Arguments Available To Support adPharos 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, adPharos 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 othe rwise pose a threat to national security; and further, provides the

au thority f or such UAS to operate without airworthines s certification. As discussed in detail above, adPharos will operate the 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 se curity.

CONCLUSION

As set forth herein, adPharos seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Inspire 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 an d Reform Act of 2012, while also advanci ng the interests of the public, by allowing adP haros to safely, efficiently, and economically operate the DJI Inspire 1 UASs commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulation s and the FAA Modernization and Reform Act of 2012, Section 333, a dPharos 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 a dPharos to operate the DJI Inspire 1 UAS commercially

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

States.

Dated: 6/11/15

a dPharos

, LLC

_________________________ Jeffrey Nichols adPharos, LLC, Owner 3350 Riverwood Parkway Suite 1900 Atlanta, GA 30339

404

- 439

- 1029

Appendices:

A

- DJI Inspire 1 Manufacturer’s User Manual18 DJI Inspire 1 Manual web address

http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf