1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. Section 333

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: **Allan D TONE**  FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 2 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112
- 95)

Submitted on August 26 , 2015 Allan D . Tone

1757 E Logan Ave. Salt Lake City, UT 84108 ( 8 01 ) 415

- 94352 TABLE OF CONTENTS Page GLOSSARY OF ABBREVIATIONS...........................................................................

....... ........3 SUMMARY...........................................................................................................

........... ....... .....4 INTRODUCTION AND INTERESTS OF PETITIONER..............................................

...... ......4 BACKGROUND.....................................................................................

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

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

...... ..... 8
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH A LLAN D . T ONE SEEKS EXEMPTION.........................................

.............. ... ................ ................ ...... .....8
THE EXTENT OF RELIEF A LLAN D

. TONE SEEKS AND THE REASON Allan D

. TONE SEEKS THE RELIEF.

...................... ..............................11 THE REASONS WHY GRANTING ALLAN D

. TONE ’S REQUEST WOULD BE IN THE PUBLIC INTEREST ......................................................

..... ...15 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY........................................................................

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

..... .3 2 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT ALLAN D

. TONE ’S REQUEST....... ............34 CONCLUSION...........................................................................................................

... . . . . . ... . . ..35 APPENDICES....................................................................................

... . ... . .373 GLOSSARY OF ABBREVIATIONS AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UA S Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of S ight VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 SUMMARY
Allan D

. Tone 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 the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Allan D . Tone to operate an Unmanned Aircraft System (UA) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States. INTRODUCTION AND INTERESTS OF THE PETITIONER Allan D

. Tone provides its clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectiveness. Allan D . Tone has over 10 years of professional experience in business and real estate photography . He has

over 5 years recreational/hobby experience in all aspects of aerial video and photography.
The objective of Allan D

. Tone aerial video and photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Construction sites before and after

• Appraisals

• Real

- estate marketing

• Motion Picture Filming

• Aerial acquisitions used for inspections of public and private structures.

• Search and Rescue operationsBACKGROUND Unmanned Aircraft Systems: DJI Phantom2 UA
Allan D

. Tone seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom2 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom2 has a maximum gross weight of approximately 2 pounds 5 ounces, while having a length of 16 inches, width of 16 inches and height of 8 inches, and a maximum speed of approximately 19.4 knots. The DJI Phantom2 is equipped with four main rotors; driven by a Lithium Polymer battery powered electric motors. The DJI Phantom2 that will be operated by Allan D . Tone will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R. Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION Petitioner, Allan D . Tone , 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 Phantom2 UA in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and 91.417(a ) & (b).

5In consideration of the speed, weight, size, and limited operating area associated with the

unmanned aircraft and its operation, Allan D

. Tone operation of DJI Phantom2 UA meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Allan D

. Tone requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.
Allan D

. Tone submits that the requested relief is proper since an equivalent level of safety will be ensured. Allan D

. Tone will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UA using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI
Phantom2 Instruction Manual). Furthermore, Allan D

. Tone will document and maintain all
maintenance records for the DJI Phantom2 UA.
Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Allan D

. Tone to the extent
necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the
DJI Phantom2 UA i n a m anne r c onsiste nt wi th thi s e xemption, includi ng e vasi ve a nd emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
Allan D

. Tone seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the

DJI Phantom2 UA do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Allan D

. Tone submits that he will
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ensur e t ha t t he DJI Phantom2 UA Is i n an airworth y c ondition, pri or t o ever y flight, by determini ng t ha t t he UA Is in complianc e wi th t he ope ratin g doc ument s (i.e., Monthly Maintenanc e Log, a nd DJI Phantom 2 Instruction Manual), and tha t t he aircraft ar e i n a condition for safe flight. Allan D

. Tone also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom2 UA will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom2 UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Allan D . Tone ’s operation of the DJI Phantom2 UA within visual line of sight, at or below 200 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Allan D

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

. Allan D . Tone submits that safety will not be affected by operation of the DJI Phantom2 UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.
In accordance with 14 C.F.R. § 11.81, Allan D

. Tone provides the following information in support of its petition for exemption:

A. Name An d Ad dress Of T he P etitioner.
The name and address of the Petitioner and point of contact is: Allan D . Tone 1757 E Logan Ave8

Salt Lake City, UT 84108 ( 8 01 ) 415-9435 Email: allan@allantone.com
**B.** The Specific Sections Of 14 C.F.R. From Which **Allan D .**  **Tone** Seeks Exemption. **1. Allan D**  **. Tone**  Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command , subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A 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. **Allan D .**  **Tone** 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. **Allan D .**  **Tone** 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;9 (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 departure a irport or an appropriate altimeter setting available before departure.
4. **Allan D .**  **Tone** 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 f ollowing: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
5. **Allan D .**  **Tone** 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 tha t 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. **Allan D .**  **Tone** 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, rebuilding, or alteration unless-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.] (b) **Allan D .**  **Tone** Seeks Exemption From The Requirements Of Sections10 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 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 chapter. (b) **Allan D .**  **Tone** Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records , su bsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appli ance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approvin g 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, and appliance.11 (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and s afety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribe d by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified i n 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 air craft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.
**C.** The Extent Of Relief **Allan D .**  **Tone** Seeks And The Reason **Allan D . Tone**  Seeks The Relief.
**1.** Extent Of Relief **Allan D .**  **Tone** Seeks And The Reason **Allan D .**  **Tone** 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 proposed UA flight operations for compensation or hire.Thi s r elie f i s r equested sinc e t he l imitati ons s e t f orth in Section 61.113(a ) a nd ( b) s tate tha t a pr ivat e pi l ot m ay, f or c ompensation or hi re , ac t a s P I C of a n aircraf t i n connection with any busines s or e mployme nt if : ( 1) The f lig ht i s onl y i ncidenta l t o tha t bus ines s or e mployment ; a nd (2) The aircraft does not carry passengers or property for compensation or hire.
As set forth more fully below, Allan D

. Tone submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom2 UA unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom2 UA in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Allan D

. Tone submits that all flights of the DJI Phantom2 UA, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Allan D

. Tone ’s business; and (2) will not carry
passengers or property for c ompensation or hire.

2. Extent Of Relief **Allan D .**  **Tone** Seeks And The Reason **Allan D** . **Tone** 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 Allan D

. Tone to determine that the DJI Phantom2 and
DJI S1000 UA Is in airworthy condition prior to every flight by ensuring that the UA is in compliance with the operating documents (i.e., the Allan D

. Tone Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom2 UA Instruction Manual). Allan D

. Tone seeks the requested relief because the DJI Phantom2 UA do not r equir e an airworthines s c ertificat e i n accordanc e wi th 14

1213

C.F.R. Part 21, Subpart H. Therefore, Allan D

. Tone will ensure that the DJI Phantom2 UA Is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom2 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.
3. Extent Of Relief **Allan D .**  **Tone** Seeks And The Reason **Allan D** . **Tone** Seeks Relief From Section 91.121. Relie f f r om S ection 91.121, entitled Altimete r s ettings, ma y be required t o allow flight operati ons of t he DJI Phantom2 UA, which utiliz e a ba rometri c pr essur e s ensor, GP S e quipment, and a r adi o communicati ons t elemetr y da t a l ink to downlink altit ude i nformation fr om t he UA to
t he P I C a t t he gr ound contr ol s tation (GCS). Sinc e t he F AA require s t ha t a n y a ltit ude i nformation concerning UA operations be reported to air traffic control (ATC) in feet above ground level (AGL), Allan D

. Tone seeks the requested relief because the DJI Phantom2 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. Consideri ng t he l imited altit ude of t he pr oposed operations, relie f f r om 14 CF R 91.121 is
soug ht t o t he e xte nt ne cessar y t o compl y with t he a pplicabl e c onditi ons a nd l imitati ons s tated below. As m or e f

ull y s e t forth herei n, an equivale nt l eve l of s afet y wi l l be maintained sinc e t he
DJI Phantom2 UA Is equipped with a ba rometri c pressur e s ens or a nd GP S equipment, which automaticall y ensure s t ha t a g round leve l pr essur e setti ng wi l l be e stablished pri or t o eac h flight, and provide s t he P I C wi th altit ude i nformation of t he UA on t he he ads- up displa y of t he GCS.
4. Extent Of Relief **Allan D .**  **Tone** Seeks And The Reason **Allan D** . **Tone** Seeks Relief From Section 91.151(b).Relie f f r om S ection 91.151( b) e ntitled Fue l r equirement s f or f lig ht i n VF R conditions, is requested to t he exte nt r equired to allow flight s of t he ba tter y powe red DJI Phantom2 UA during daylig ht hour s i n visua l meteorologica l c ondition s (VMC), unde r vi sua l f lig ht r ule s (VFR) , f

or a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Allan D

. Tone seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom2 UA will severely constrain the practicality of any aerial video or still photo flight operations that Allan D

. Tone proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom2 UA, the
DJI Phantom2 operating documents, and Allan D

. Tone ’s proposed operating limitations, ensure that Allan D

. Tone will safely operate the battery powered DJI Phantom2 UA during daylight
hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief **Allan D .**  **Tone** Seeks And The Reason **Allan D** . **Tone** 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, Allan D

. Tone requests relief from these Sections because the DJI Phantom2 UA do not require airworthiness certificates. As set forth

more fully below, the DJI Phantom2 UA meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Allan D

. Tone will use trained

14technicia ns t o perfor m m aintenance, alterations, or pr eventi ve m aintenanc e on t he UA usi ng t he

methods, techniques, and practices prescribed in the UA operating documents (i.e., the Allan D

. Tone Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom2 Instruction Manual). Furthermore, Allan D

. Tone will document and maintain all
maintenance records for the DJI Phantom2 UA.
D. The Reasons Why Granting **Allan D .**  **Tone** 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 Allan D

. Tone to safely, efficiently, and economically perform aerial video and photography of construction sites,
real estate, and landscape over certain areas of the United States. Additionally, use of the DJI Phantom2 UA will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Allan D

. Tone ’s proposed operation of the DJI Phantom2 UA will be realized without implicating any privacy issues. 1. Th e P ubli c W il l B enefi t F ro m De crease d Con gesti on O f T h e NAS . The DJI Phantom2 UA Is batter y powe red and ser ve a s a s afe, efficient , and economical alternati ve t o t he m anne d a ircraf t t raditionall y ut ilized to obtain aeria l i magery. B y reducin g t he

am ount of m anned aircraf t ne eded to perfor m aeria l a cquisitions, an exemption allowi ng t he u se of a DJI Phantom2 UA would reduc e t he am ount of m anned aircraf t i n t he NAS, reduc e noi se and ai r pol lution, a s we l l a s i ncreas e t he s afet y of l if e a nd propert y i n t he a i r a nd on t he ground. Furthermore, b y r educin g t he num be r of m anne d aircraf t ope rati ng i n t he NAS, congestion around airport s c aused b y a rrivi ng a nd de partin g a ircraf t wi l l be r educe d. The
DJI Phantom2 UA do not r equir e an airpor t t o takeof f or l a nd. Likewise, a r eduction of m anned aircraf t c onductin g a eria l vi deo and photograph y mission s woul d resul t i n fewe r a ircraf t t hat
15must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. 2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom2 UA. Conducting aerial a cquisitions wi th t he DJI Phantom2 UA, instead of m anned aircraft, will g reatly b enefit t he p ublic b y dr astically r educing t he l evels of a ir a nd noise pol lution generated during t raditional a erial vi de o and still phot ography f light op erations. By u sing b attery
power a nd electric m otors, t he DJI Phantom2 UA produce no air pol lution, and is t he m ost vi able environmentally conscious a lternative t o the c abin class, six c ylinder i nternal c ombustion engine aircraft t hat a re t ypically utilized for a erial v ideo and photography, while b urning a pproximately 20-30 gallons pe r hour o f l eaded aviation fuel. The DJI Phantom2 UA , while r educing t he carbon footprint of a erial a cquisitions, also eliminates noi se pol lution, as t he UA Is propelled by ba ttery
powere d electric m otors, rather t ha n an internal combustion engine. By us ing t he DJI Phantom2 UA to perform aerial acquisitions, the s ubstantial r isk to life and property i n the air a nd on the gr ound, which is us ually a ssociated with traditional m anned aircraft f light ope rations , will be s ubstantially r educed or c ompletely eliminated. Aside f rom t he lack of flight crew members located onboard the aircraft, the DJI Phantom2 UA (weighing approximately 2 pounds 11 ounces and 9 pounds with length of 16 inches and width of 16 inches, and with 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 conduct similar operations

.

163. Performing Aerial Video and Photography Operations With The DJI Phantom2

UA Wil l B enefi t T h e E conomy. I n addition to bei ng s af

e and efficient, t he DJI Phantom2 UA Is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the
DJI Phantom2 UA will allow United States based companies, like Allan D . Tone , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom2 UA is

one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom2 UA, companies such as Allan D . Tone , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom2 UA, provides a stable workforce that increases consumer spending; improves local, state, and federal tax
revenues; and allows companies 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, Allan D . Tone ’s proposed operation of the DJI Phantom2 UA will not implicate any
1718

privacy issues. Specifically, the DJI Phantom2 UA will be operated only in compliance with operating documents (i.e., the Allan D

. Tone Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom2 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E.** The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which **Allan D .**  **Tone** Seeks Exemption. **1.** Reasons Why The DJI Phantom2 UA Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Allan D . Tone ’s operation of the DJI Phantom2 UA meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provide s a uthorit y f or a UA to operat e wi t hout a irworthines s c ertification and
set s f orth requirement s f

or c onsiderin g wh ethe r a UA wil l c reat e a ha zard to user s of t he NAS or
t he publ ic, or ot herwis e p os e a t hrea t t o nationa l s ecurity. Specifically , FMRA Section 333 states
t he f ollowing, in part: (a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft S ystems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users19 of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certi fication under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircra ft systems in the national airspace system. In seeking this exemption, Allan D

. Tone submits that the DJI Phantom2 UA can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom2 UA ; (b) the pilot certification requirement; and (c) the specific operating limitations. a. The Specifications Of The DJI Phantom2 UA Demonstrate Its Safe Characteristics. The DJI Phantom2 UA do not create a hazard to users of the NAS or the public, or othe rwise pose a threat to national security considering its size, weight, speed, and operational capability. i. Technical Specifications Of The DJI Phantom2 UA . The technical specifications of the DJI Phantom2 UA Is set forth by the DJI Phantom2 Specifications and Data
Shee t, attached hereto as Exhibit A

. ii. The DJI Phantom2 UA Autonomous Flight And Navigation Modes Enable The UA To Remain Within A Defined Operational Area. The DJI Phantom2 UA may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom2 UA is provided at pages 25

- 3 0 of the DJI Phantom2 User Manual , attached hereto as Exhibit B

.20 iii. The DJI Phantom2 UA Is Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation. When the Control Link is lost, the DJI Phantom2 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, t he DJI Phantom2 UA do not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A comple te description of the Failsafe Functions of the DJI Phantom2 UA Is set forth at
page 25 through 26 of t he DJI Phantom2 User Manual, attached hereto as Exhibit B

. iv . The DJI Phantom2 GCS And Its Operation. A complete description of the operation and speci fications of the DJI Phantom2 GCS and flight control software is provided at pages 28 through 3 3 of the DJI Phantom2 User Manual
User Manual attached hereto as Exhibit B

. b. Flight Operations Of DJI Phantom2 UA Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer. Allan D

. Tone 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 Phantom2 UA. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom2 UA Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, Allan D . Tone proposes to commercially operate DJI Phantom2 UA for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:
1. Operations authorized by this grant of exemption will be limited to the follow ing aircraft described in the operating documents, rotorcraft UA weighing less than 55 pounds maximum gross weight: DJI Phantom2 Unmanned Aircraft Systems.21 Proposed operations of any other aircraft will require a new petition or a petition to amend this gr ant. 2. UA operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UA may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 2 00 feet above ground level (AGL), as indicated by the procedures 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 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.
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 mus t be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight 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 that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permi tted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UA operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitation s contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as out lined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also pre sent updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UA Integration Office (AFS

- 80)22 may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UA to ensure that it is in a co ndition for safe flight. If the inspection reveals a condition that affects the safe operation of the UA , the aircraft is prohibited from operating until the necessary maintenance has been performed and the UA is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UA that has undergone maintenance or alterations that affect the UA operation or flight chara cteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. 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 potential discre pancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UA manufacturer’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 operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be not ed in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UA to service. 15. Each UA operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess a t least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UA in a manner consistent with how the UA will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a ma nner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, prof iciency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must23 operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UA operations m ay not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of op erations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that air port’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 management must be made available to the Administrator upon request. 21. The UA may not be op erated less than 2 00 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the p lanned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as l arge as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.28. The docum ents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UA any time the UA is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UA may not be operated by the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficientl y protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and ar e within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a sa fety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 9 1.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for eac h flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UA Integration Office (AFS

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

. 2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety . Allan D

. Tone submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom2 UA unless that PIC has demonstrated, by meeting minimum flight-hour and currency
2425

requirements, tha t t he P I C i s a bl e t o safel y ope rat e t he DJI Phantom2 UA in a m anne r consistent with t he e xemption, includi ng e vasi ve a nd emergenc y m aneuver s a nd maintaini ng a ppropriate distances from people, vessels, vehicles and structures. Considering Allan D . Tone ’s proposed area of operations, and the operating limitations
set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills
necessary to safely operate the DJI Phantom2 UA, Allan D . Tone submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Allan D . Tone ’s specific proposed flight operations.
The FAA has previously granted relief from Section 61.113(a) and (b) specific to UA, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).
Allan D

. Tone will not allow any PIC to operate the DJI Phantom2 UA unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom2 UA training and currency requirements, that the PIC is able to safely operate the DJI Phantom2 UA
in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UA rotorcraft pilot (with a minimum of 5 hours of those hours as a UA pilot oper ating the same make and model of UA to be used for operations26 under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As i n Exemption Nos. 11062, 11138, and 11153, prior doc umented flight e xperience t hat

was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Allan D. Tone ’s proposed operations. The Administrator has held that prior documented flig ht e xperienc e t ha t w a s obt ained i n c omplianc e wi th applicabl e r egulati ons woul d

ensur e s af

e ope rations, stati ng a s follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar opera tions), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UA rotorcraft pilot including at least 10 hours logged as a UA pilot with a multi

- rotor UA

. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UA pilot operating the same make and model of UA to be used for operations under the exemption. For clarification, the FAA considers th ese minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UA rotorcraft time. In addition to the hour r equirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the ski lls necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experien ce - building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Allan D

. Tone will ensure safe operations by not allowing any PIC to operate the DJI Phantom2 UA unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requiremen ts, that the PIC is able to safely operate the DJI Phantom2 UA in amanner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exempti on From The Requirements Of Section 91.7(a) Would Not Ad versely Affec t S afety. The equivalent level of safety established by Section 91.7(a) will be maintained because prior to
every flight, Allan D

. Tone will ensure that the DJI Phantom2 UA is in an airworthy condition based upon the UA ’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific t o UA, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 4. Reasons Why An Exemption From The R equirements Of Section 91.121 Would Not Ad versely Affec t S afety. The e quivale nt l eve l of s afet y e stablished b y S ection 91.121 wil l be m aintained because
t he a ltit ude i nformation of t he DJI Phantom2 UA wil l be pr ovided to t he P I C vi a GP S e quipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Allan
D. Tone ’s operation of the DJI Phantom2 UA within visual line of sight, at or below 200 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UA at ground level.
The F AA ha s pr eviousl y granted relie f f r om S ection 91.121 specifi c t o UA, in circumstance s s imilar, in al l m ateria l r espects, to thos e pr esented herein (e.g. Exemption
27Nos. 11062, 11063, 11064, 11065, 11066, 11067, 1108 0, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety. A gra nt of t hi s e xemption would ensur e a n equivale nt l eve l o f s afet y established by 14 C.F.R. Section 91.151( b) a s a resul t of ( 1) t h e t echnica l s pecificati ons of t he DJI Phantom2 UA; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Allan D

. Tone will ensure that it will safely operate the battery powered DJI Phantom2 UA during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.
Here , a s i n Exemption No. 11109, t he t echnica l s pecificati ons of t he DJI Phantom2 UA;
t he l imitati ons on t he pr oposed flig ht ope rations ; a nd t he l ocation of t he pr oposed operations, wil l e nsur e a n equivale nt l eve l of s afet y established b y 14 C.F.R. Section 91.151(b). Furthermore, safet y wi l l be e nsure d a s t he DJI Phantom2 UA provi de a udibl e a nd visual warning s t o t he P I C a t t he GC S whe n t he UA experience s l ow batter y vol tage, t he f irs t w arning
occurrin g a t a pproximatel y 33% r emainin g ba tter y powe r, a nd again a t a pproximatel y 10% remaini ng b atter y pow er . At t he c riticall y l ow batter y l evel, the DJI Phantom2 UA wil l de scend and land automatically. Significantly, previ ous e xempti ons g ranted b y t he F AA concerni ng S ection 91.151 establish tha t s afet y i s not a dversel y a ffected when t he t echnica l c haracteristic s a nd operating limitati ons of t he UA Is considered. Relie f h a s be en granted f or m anned aircraf

t t o operat e a t l ess than t he m inimum s pr escribed in Section 91.151, including

28Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UA , in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. In seeking this exemption, Allan D

. Tone submits that the equivalent level of safety with regard to

the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Allan D

. Tone will use trained technicians to perform maintenance, alterations, or preventive
maintenance on the UA using the methods, techniques, and practices prescribed in the operating
documents (i.e., the Allan D

. Tone Aerial Operations Manual, Monthly Maintenance Log, and
DJI Phantom2 Instruction Manual). Furthermore, Allan D . Tone will document and maintain all
maintenance records for the DJI Phantom2 UA. Since the DJI Phantom2 UA will be inspected as prescribed by the operating documents, Allan D

. Tone will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom2 User Manual are attached hereto as Exhibit C and D; a copy of the DJI Phantom2 UA Maintenance LOG is attached hereto as Exhibit
E. Likewise, the exemption sought will not adversely affect safety because Allan D . Tone will
use trained technicians to perform maintenance, alterations or preventive maintenance on the
UA using the methods, techniques, and practices prescribed by the operating documents.

29Furthermore, t he e xemption soug ht woul d maintain an equivale nt l eve l of s afety

established b y S ecti ons 91.407, 91.417(a ) a nd 91.417(b), becaus e a l l m aintenanc e of t he DJI Phantom2 UA wil l be pe rformed b y t rained technicians.
Maintenanc e wil l be doc umented and maintaine d utilizi ng t he m onthl y m aintenanc e l og.

Significantly, previ ous e xempti ons g ranted b y t he F AA concerni ng S ections 91.405(a), 91.407(a)(1) , 91.409(a)(1 ) & (a)(2), and 91.417(a ) & ( b) establish tha t s afet y i s not adversel y affected whe n t he t echnica l c haracteristic s a nd operati ng l imitati ons of t he UA Is considered.
In consideration of Allan D . Tone ’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom2 UA, Allan D

. Tone submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UA in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. Th e F AA M ay Prescrib e An y Othe r Con dition s F or S af e O peration.
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, Allan D

. Tone requests that the
FAA prescribe special conditions for the intended operation of the DJI Phantom2 UA, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by
14 C.F.R. Par t 21, Subpar t 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 specia l c onditi ons wi ll

3031 permit safe operation of the UA for the limited purpose of conducting aerial video and photography over ce rtain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UA will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provi des the authority for such UA to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UA in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom2 UA , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design f eature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Jason Tone ’s intended operation of the DJI Phantom 2 UA, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R S ections 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 **Allan D .**  **Tone** Seeks Exemption:Allan D

. Tone 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 **Allan D .**  **Tone** Seeks:
This exemption will permit Allan D

. Tone to commercially operate an Unmanned Aircraft System (UA) for the purpose of conducting aerial video and photography over certain areas of the United States.
G. Any Additional Information, Views, Or Arguments Available To Support **Allan D** . **Tone** ’s Request. Thi s P etition i s ma de pur sua nt t o t he F AA Modernization and Refor m Ac t of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UA
may operate safely in the NAS. As such, Allan D . Tone ’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 set s f orth t he r equirement s f

or considerin g whe the r a UA wil l c reat e a hazard to user s of t he N AS or t he publ ic, or ot herwis e pos e a t hrea t t o nationa l s ecurity ; a nd further, provides the authority for such UA to operate without airworthiness certification.
As discussed in detail above, Allan D. Tone will operate the DJI Phantom2 UA 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, Allan D

. Tone 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 Phantom2 UA commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this

3233

Petition, t he F AA Administrat or wi l l be f ulfilli ng t he C ongressiona l m andat e of t he F AA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Allan D

. Tone to safely, efficiently, and economically operate the DJI Phantom2 UA commercially within the NAS. WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Allan D

. Tone 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 Icarus Group to operate the DJI Phantom2 UA commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: A 11 , 2015

Respectfully submitted, Allan D . Tone

Allan D . Tone 3 1757 E Logan Ave Salt Lake City, UT 84108 ( 801 ) 415-9435 Email: allan@allantone.com34

Appendices:
A

– DJI Phantom2 Specifications Data Sheet B

– DJI Phantom2 Manufacturer’s User Manual C

– Monthly Maintenance Log & Pilot Log35 APPENDIX

– A
DJI PHANTOM2 TECHNICAL SPECIFICATIONS Allan D

. Tone only utilizes safe and reliable UA. DJI is an industry leader in small UA production. DJI UA Is loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices) 1.1 DJI Phantom2 1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJI 5200mAH , 11.1V LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

- 200 0 /s 1.1.1.5 Max Tilt Angel

- 35 0 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED) 1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 0 1.1.2.3 Controllable Range

– Pitch:

- 90 0

- 0 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s 1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110 0 /85 0 1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 2.4 GHz ISM 1.1.4.2 Communication Distance (u nobstructed)

– FCC Compliance: 10 00m 1.1.4.3 Receiver Sensitivity (1%PER)

- - 9 7 dBm 1.1.4.4 Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@3.7V36 APPENDIX

– B373839404142434445464748495051525354555657585960616263646566676869707172 APPENDIX

– C

MONTHLY MAINTENANCE LOG month:_________ ( year :________ UA $#:$___________ Date(Issue( Discovered Date(Issue( Addressed Issue(Description(&(Maintenance(Conducted Maintenance(Performed(By:(((

Print(&(Sign

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other:

Pilot Log