1 UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

ROBERT W. LACY FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMEN TS OF
TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTION S 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.40 7(a)(1), 91.409(a)(1) & (a)(2), AND

91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 AND DJI INSPIRE 1 UNMANN ED AIRCRAFT

SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on July 14th, 2015
ROBERT W. LACY
2709 Woodshire Dr. Arlington, Texas 76016
214-878-6127 rlacy@sbcglobal.net2 TABLE OF CONTENTS Page
GLOSSARY OF ABBREVIATIONS..........................

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

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

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

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

BACKGROUND.........................................

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

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

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

NAME AND ADDRESS OF PETITIONER..................... ........................................7
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ROBER T W. LACY SEEKS EXEMPTION.................................... .............................8 THE EXTENT OF RELIEF ROBERT W. LACY SEEKS AND THE REASON ROBERT W. LACY SEEKS THE RELIEF................... ......11 THE REASONS WHY GRANTING ROBERT W. LACY’S REQUEST WOULD BE IN THE PUBLIC INTEREST ....................... ..................................14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY............................ ..............................................16
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGIST ER......30 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT ROBERT W. LACY’S REQUEST........ .31
CONCLUSION.........................................

................................................... ........................31
APPENDICES........................................................................................33
GLOSSARY OF ABBREVIATIONS
AGL Above Grou nd Level3

AOI Area of I nterest ATC Air Traff ic Control ATO Air Traffi c Organization AV Aerial V ehicle CFR Code of F ederal Regulations
COA Certificat e of Authorization FAA Federal A viation Administration FAR Federal A viation Regulation
GCS Ground Co ntrol Station
GPS Global Po sitioning System LOL Loss of L ink
NAS National Airspace System
NOTAM Notice to Airm an PIC Pilot In Command
Section 333 FAA Moderni zation and Reform Act of 2012 (FMRA)
SO Safety O bserver
SOP Standard Operating Procedures
UA Unmanned Aircraft
UAS Unmanned Aircraft System
VFR Visual Fl ight Rules
VLOS Visual Line of Site
VMC Visual Mete orological Conditions
VTOL Vertical Ta keoff and Landing
SUMMARY ROBERT W. LACY seeks exemption from the requirement s 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 Sy stem pursuant to Section 333 of the4

FAA Modernization and Reform Act of 2012 (FMRA). Th is exemption will permit ROBERT W. LACY to operate an Unmanned Aircraft Syst em (UAS) 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 ROBERT W. LACY provides his clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectiveness. ROBERT W. LACY has hundreds of hours flying experie nce. He has over 20 years recreational/hobby experience operating Unmanned Ai rcraft Systems (UAS). The objective of ROBERT W. LACY and his aerial operatio ns is to provide high quality imaging for a variety of commercial, public, and re sidential uses, specifically targeting but not limited to:

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Event and Small Business Marketing

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

• Search and Rescue operations

BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3, DJI Inspi re 1 UASs ROBERT W. LACY seeks an exemption to operate DJI sy stems for compensation or hire within the NAS. The DJI Phantom 3 and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI P hantom 3 has a maximum gross weight of approximately 2 pounds 13 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 31 knots. The DJI Inspire 1 has a maximum gross weight of 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 Phantom 3 and DJI Inspire 1 UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 3 and DJI Inspire 1 UAs that will b e operated by ROBERT W. LACY will be registered in accordance with 49 U.S.C. 441 03, Registration of Aircraft , as well as5

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, ROBERT W. LACY, pursuant to the provisi ons of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FA A Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commerciall y operate the DJI Phantom 3, DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91 .7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and li mited operating area associated with the unmanned aircraft and its operation, ROBERT W. LACY operation of DJI Phantom 3 and DJI Inspire 1 UASs meets the conditions of FMRA Sec tion 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, ROBERT W. LACY requests relief from Se ctions 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as thes e sections set forth requirements for maintenance that only apply to aircraft with an air worthiness certificate. ROBERT W. LACY submits that the requested relief is proper since an equivalent level of safety will be ensured. ROBERT W. LACY will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescr ibed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, ROBERT W. LACY will document and maint ain all maintenance records for the DJI Phantom 3 and DJI Inspire 1 UASs. Relief from certain requirements of Section 61.113( a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by ROBERT W. LACY 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 certifica te, and who has demonstrated, by meeting minimum flight- hour and currency requirements, tha t the PIC is able to safely operate the DJI Phantom 3 and DJI Inspire 1 UASs in a manner co nsistent with this exemption, including evasive and emergency maneuvers and maint aining appropriate distances from people, vessels, vehicles and structures. ROBERT W. LACY seeks relief from Section 91.7(a), e ntitled Civil aircraft airworthiness , because the DJI Phantom 3 and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. As such, ROBERT W. LACY submits that he will ensure that the DJI Phantom 3 and DJI6

Inspire 1UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Man ual), and that the aircraft are in a condition for safe flight. ROBERT W. LACY also seeks an exemption from the req uirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 and DJI Inspire 1 UAs will n ot have a typical barometric altimeter onboard. Howeve r, altitude information of the DJI Phantom 3 and DJI Inspire 1UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications tel emetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with ROBERT W. LACY’s operation of the DJI Phantom 3 and DJI Inspire 1 UASs within visual line of sight, at or below 500 f eet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, ROBERT W. LACY seeks an exemption fro m the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . ROBERT W. LACY submits that safety will not be affected by op eration of the DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual meteo rological conditions (VMC) under visual flight rules (VFR), with enough battery powe r to fly for a total duration of approximately 13.5 minutes to the first point of in tended 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, ROBERT W. LAC Y provides the following information in support of its petition for exemptio n:

A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is:
ROBERT W. LACY
2709 WOODSHIRE DR. ARLINGTON, TEXAS 76016
214-878-6127 rlacy@sbcglobal.net

B. The Specific Sections Of 14 C.F.R. From Which RO BERT W. LACY Seeks Exemption.7 1. ROBERT W. LACY Seeks Exemption From The Requirement s Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges a nd 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 passe ngers or property for compensation or hire; nor may that person, for comp ensation 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 e mployment; and (2) The aircraft does not carry passengers or property for compensation or hire.
2. ROBERT W. LACY Seeks Exemption From The Requirement s 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. ROBERT W. LACY Seeks Exemption From The Requirem ents Of Section 91.121.
Section 91.121, entitled Altimeter settings, subsec tion (a), states the following, in part: (a) Each person operating an aircraft shall maintai n the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed i n paragraph (a)(1)(i) of this section, the current reported altimeter set ting of an appropriate available station; or8 (iii)In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter s etting available before departure. 4. ROBERT W. LACY Seeks Exemption From The Requirem ents 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, assumin g normal cruising speed, to fly after that for at least 20 minutes. 5. ROBERT W. LACY Seeks Exemption From The Requirem ent Of Section 91.405(a). Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft— (a) Shall have that aircraft inspected as prescribe d in subpart E of this part and shall between required inspections, except as provi ded in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] 6. ROBERT W. LACY Seeks Exemption From The Requirem ents 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 und ergone maintenance, preventive maintenance, rebuilding, or alteration u nless-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]9 7. ROBERT W. LACY Seeks Exemption From The Requirem ents Of Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this sec tion, no person may operate an aircraft unless, within the preceding 12 calenda r 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. 8. ROBERT W. LACY Seeks Exemption From The Requirem ents 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 followi ng records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintena nce, and alteration and records of the 100-hour, annual, progressive, and o ther required or approved inspections, as appropriate, for each airc raft (including the airframe) and each engine, propeller, rotor, and ap pliance of an aircraft. The records must include-- (i) A description (or reference to data acceptable to t he 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:10 (i) The total time in service of the airframe, each eng ine, each propeller, and each rotor. (ii) The current status of life-limited parts of each ai rframe, 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 s pecified time basis. (iv) The current inspection status of the aircraft, incl uding the time since the last inspection required by the insp ection program under which the aircraft and its appliances are maintaine d. (v) The current status of applicable airworthiness dire ctives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and r evision date. If the AD or safety directive involves recurring action, t he time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and curre ntly installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the followin g records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this s ection shall be retained until the work is repeated or superseded b y other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this s ection shall be retained and transferred with the aircraft at the t ime the aircraft is sold. (3) A list of defects furnished to a registered owner o r operator under § 43.11 of this chapter shall be retained until the d efects are repaired and the aircraft is approved for return to service.
C. The Extent Of Relief ROBERT W. LACY Seeks And Th e Reason ROBERT W. LACY Seeks The Relief.
1. Extent Of Relief ROBERT W. LACY Seeks And The Re ason ROBERT W. LACY 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 P IC holding a private11

pilot or higher level certificate, as well as a cur rent and valid airman medical certificate, and who has met certain flight-hour and currency re quirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is on ly incidental to that business or employment; and (2) The aircraft does not carry pas sengers or property for compensation or hire. As set forth more fully below, ROBERT W. LACY submi ts that an equivalent level of safety will be maintained because no PIC will be al lowed to operate the DJI Phantom 3 UAS or DJI Inspire 1 UAS unless that PIC has met ce rtain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 or DJI Inspire 1 UAS in a manner consistent with th e operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vess els, vehicles and structures. Further, ROBERT W. LACY submits that all flights of the DJI Phantom 3 and DJI Inspire 1 UASs, conducted by the PIC pursuant to th e grant of this Petition: (1) will be incidental to ROBERT W. LACY’s business; and (2) wi ll not carry passengers or property for compensation or hire.

2. Extent Of Relief ROBERT W. LACY Seeks And The Reaso n ALON

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow ROBERT W. LACY to determine that the DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., M onthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual). ROBERT W. LACY seeks the requested relief because t he DJI Phantom 3 and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, ROBERT W. LACY will ensure that the DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual) prior to every flight, and fu rther, determine that the aircraft are in condition for safe flight, as stated in the conditi ons and limitations below.12 3. Extent Of Relief ROBERT W. LACY Seeks And The Reaso n ROBERT W. LACY Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter sett ings, may be required to allow flight operations of the DJI Phantom 3 and DJI Inspire 1 U ASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communi cations telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any altitude informatio n concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), ROBERT W. LACY seeks the requested relief because the DJI Pha ntom 3 and DJI Inspire 1 UA’s altimeter may be set on the ground to zero fee t AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed op erations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the a pplicable conditions and limitations stated below. As more fully set forth herein, an eq uivalent level of safety will be maintained since the DJI Phantom 3 and DJI Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatica lly ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads-up display of th e GCS.

4. Extent Of Relief ROBERT W. LACY Seeks And The Reaso n ALON

Relief from Section 91.151(b) entitled Fuel require ments for flight in VFR conditions, is requested to the extent required to allow flights o f the battery powered DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual m eteorological conditions (VMC), under visual flight rules (VFR), 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. ROBERT W. LACY seeks the requested relief because w ithout an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 and DJI Inspire 1 UAs will severely constrain the practical ity of any aerial video or still photo flight operations that ROBERT W. LACY proposes to c onduct pursuant to this Petition. Significantly, as set forth below, the technical sp ecifications of the DJI Phantom 3 and DJI Inspire 1 UASs, the DJI Phantom 3 and DJI Inspire 1 operating documents, and ROBERT W. LACY’s proposed operating limitations, en sure that ROBERT W. LACY will safely operate the battery powered DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total durati on of 13.5 minutes to the first point of13

intended landing and, assuming normal cruising spee d, to fly after that for at least 4.5 minutes. 5. Extent Of Relief ROBERT W. LACY Seeks And The Re ason ROBERT

W. LACY 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 , ROBERT W. LACY requests relief from these Sections because the DJI Phantom 3 and D JI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, ROBERT W. L ACY will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in th e UAS operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, ROBERT W. LACY will document and maint ain all maintenance records for the DJI Phantom 3 and DJI Inspire 1 UASs. D. The Reasons Why Granting ROBERT W. LACY’s Reques t Would Be In The

Granting the present Petition will further the publ ic interest by allowing ROBERT W. LACY to safely, efficiently, and economically perfo rm aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States. Additionally, use of the DJI Phantom 3 and DJI Insp ire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significa nt benefits to the economy. Notably, the benefits of ROBERT W. LACY’s proposed operation of the DJI Phantom 3 and DJI Inspire 1 UASs will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion O f The NAS. The DJI Phantom 3 and DJI Inspire 1 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned ai rcraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 3 or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the N AS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircr aft operating in the NAS, congestion around airports caused by arriving and departing ai rcraft will be reduced. The DJI Phantom14

2 and DJI Inspire 1 UAs do not require an airport t o takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and phot ography missions would result in fewer aircraft that must be handled by air traffic contro l during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficie ncy Of The DJI Phantom 3 and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 and DJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric mot ors, the DJI Phantom 3 and DJI Inspire 1 UASs produce no air pollution, and is the most vi able environmentally conscious alternative to the cabin class, six cylinder intern al combustion engine aircraft that are typically utilized for aerial video and photography , while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI P hantom 3 and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisition s, also eliminates noise pollution, as the UAs are propelled by battery powered electric motor s, rather than an internal combustion engine. By using the DJI Phantom 3 and DJI Inspire 1 UASs t o perform aerial acquisitions, the substantial risk to life and property in the air an d on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of fl ight crew members located onboard the aircraft, the DJI Phantom 3 and DJI Inspire 1 UAs ( weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at the ir maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths o f 16 inches and 17.7 inches respectively, 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 (weighing appr oximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 f eet, and a fuel capacity of 180 gallons).
3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 and DJI Inspire 1 UASs Will Benefit The E conomy.

In addition to being safe and efficient, the DJI Ph antom 3 and DJI Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 and DJI Inspir e 1 UASs will allow United States based companies, like ROBERT W. LACY, to remain com petitive and contribute to15

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 Phantom 3 and DJI Inspire 1 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provid es such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 and DJI Inspire 1 UA Ss, companies such as ROBERT W. LACY, can remain competitive and profitable, and th erefore, 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. com panies, through commercial use of the DJI Phantom 3 and DJI Inspire 1 UASs, provides a stable workforce that increases consumer spending; improves local, state, and feder al tax revenues; and allows companies to invest in research and development in order to r emain competitive both in the United States and abroad.

4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, ROBERT W. LACY’s proposed operation of the DJI Phantom 3 and DJI Inspire 1 UASs will not implicate any privacy issue s. Specifically, the DJI Phantom 3 and DJI Inspire 1 UASs will be operated only in complia nce with operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual) which requires property owner involvement as well a s local law enforcement notification, and in accordance with the Federal Aviation Regulat ions, 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 Safet y At Least Equal To That Provided By The Rule From Which ROBERT W. LACY Seek s Exemption.

1. Reasons Why The DJI Phantom 3 and DJI Inspire 1 UAs 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 associated with the unmanned aircraft and its operation, ROBERT W. LACY ’s operation of the DJI Phantom16

3 and DJI Inspire 1 UASs meet the conditions of FMR A Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a U AS will create a hazard to users of the NAS or the public, or otherwise pose a threat to na tional security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system befo re completion of the plan and rulemaking required by section 332 of this Act or t he guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), the Secretary shall determine , at a minimum-- (1) which types of unmanned aircraft systems, if any, a s a result of their size, weight, speed, operational capability, proxim ity to airports and populated areas, and operation within visual line o f sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of aut horization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned air craft 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 estab lish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, ROBERT W. LACY submits t hat the DJI Phantom 3 and DJI Inspire 1 UASs can operate safely in the NAS pursua nt to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the sp ecific operating limitations.17 a. The Specifications Of The DJI Phantom 3 and DJI Inspire 1 UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 3 and DJI Inspire 1 UASs do not cre ate a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 and D JI Inspire 1 UASs.

The technical specifications of the DJI Phantom 3 a nd DJI Inspire 1 UASs are set forth by the DJI Phantom 3 and DJI Inspire 1 User Manuals.

ii. The DJI Phantom 3 and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain With in A Defined Operational Area.

The DJI Phantom 3 and DJI Inspire 1 UASs may be ope rated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 and DJI Inspire 1 UAS.

iii. The DJI Phantom 3 and DJI Inspire 1 UASs Are Design ed For Automatic Return To Home Point Or Hover In The Even t Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 an d DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, a fter 3 seconds, the DJI Phantom 3 and DJI Inspire 1 UAs do not reacquire control link data fr om the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position a nd shutdown. A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pa ges 13 through 15 of the DJI Phantom 3 and DJI Inspire 1 User Manuals.

iv. The DJI Phantom 3 and DJI Inspire 1 GCS And Its Operation.18

A complete description of the operation and specifi cations of the DJI Phantom 3 and DJI Inspire 1 GCS and flight control software is provid ed at pages 32 through 43 of the DJI Phantom 3 User Manual and pages 40 through 47 of th e DJI Inspire 1 User Manual. DJI Phantom 3 and DJI Inspire 1 User Manuals.

b. Flight Operations Of DJI Phantom 3 and DJI Inspire 1 UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

ROBERT W. LACY will be the only person to act as a pilot in command (PIC) of the DJI Phantom 3 and DJI Inspire 1 UASs. Additionally, a s afety observer will assist him during flight time.

c. Flights Of DJI Phantom 3 and DJI Inspire 1 UASs Wil l Be Conducted

Pursuant To Specific Operating Limitations.

In seeking this exemption, ROBERT W. LACY proposes to commercially operate DJI Phantom 3 and DJI Inspire 1 UASs for the special pu rpose of conducting aerial video and photography over certain areas of United States, pu rsuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption wi ll be limited to the following aircraft described in the operating docum ents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 and DJI Inspire 1 Unmanned Aircraft Systems. Proposed o perations of any other aircraft will require a new petition or a pet ition to amend this grant.

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

3. The UAs may not be flown at an indicated airspeed e xceeding 20 knots.

4. The UA must be operated at an altitude of no more t han 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is mad e and approved by ATC. All altitudes reported to ATC must be in feet AGL.19 5. The UAs must be operated within visual line of sigh t (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 specifi ed on the PIC’s FAAissued airman medical certificate.

6. The use of first person view (FPV) by the PIC or sa fety 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 alw ays maintains VLOS capability. The SO and PIC must be able to communic ate verbally at all times. Electronic messaging or texting is not permitted du ring 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 d ocuments.

8. The SO must not perform any other duties beyond ass isting the PIC with seeing and avoiding other air traffic and other gro und based obstacles/obstructions and is not permitted to oper ate 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 Adm inistrator upon request. If a discrepancy exists between the condit ions and limitations contained in the grant of exemption and the procedu res 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 outlined in its operating documents. The operator may update or revise its operating doc uments. It is the operator’s responsibility to track such revisions a nd present updated and revised documents to the Administrator upon request . The operator must also present updated and revised documents if it pe titions for extension or amendment to the grant of exemption. If the operato r determines that any update or revision would affect the basis upon whic h the FAA granted the20 exemption, then the operator must petition for amen dment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80 ) may be contacted if questions arise regarding updates or revisions t o the operating documents.

10. Prior to each flight the PIC must inspect the UAS t o ensure that it is in a condition for safe flight. If the inspection reveal s a condition that affects the safe operation of the UAS, the aircraft is prohibit ed from operating until the necessary maintenance has been performed and the UA S is found to be in a condition for safe flight. The Ground Control Stati on must be included in the preflight inspection. All maintenance and alter ations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alteratio ns that affect the UAS operation or flight characteristics, e.g. repla cement of a flight critical component, must undergo a functional test flight. T he PIC who conducts the functional test flight must make an entry in th e aircraft records.

12. The pre-flight inspection must account for all pote ntial discrepancies, e.g. inoperable components, items, or equipment, not alr eady covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s air craft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspec tions, and record keeping requirements, in accordance with the operat ing documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft recor ds, including total time in service, description of work accomplished, and t he signature of the authorized person returning the UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.21 16. The authorized person must make an entry in the air craft record of the corrective action taken against discrepancies disco vered between inspections.

17. The PIC must possess at least a private pilot certi ficate and at least a current third- class medical certificate.

18. The operator may not permit any PIC to operate unle ss the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergenc y maneuvers and maintaining appropriate distances from persons, ves sels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for t he purposes of training the operator’s PICs are permitted under the terms of th e exemption. However, training operations may only be conducted during de dicated training sessions. During training, proficiency, and experie nce-building flights, all persons not essential for flight operations are con sidered nonparticipants, and the PIC must operate the UA with appropriate di stance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, a s defined in 14 C.F.R. § 1.1. All operations must be conducted under visua l meteorological conditions (VMC). If flight at night is required, a special re quest will be made at the FAA office closest to proposed area of operations. Flig hts under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of a n airport reference point as denoted on a current FAA-published aeronau tical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM a s required by the operator’s COA. The letter of agreement with the ai rport management must be made available to the Administrator upon request

.22 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility i s less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS sig nal, it must return to a pre- determined location within the planned operati ng area and land or be recovered in accordance with the operating document s.

23. The PIC must abort the flight in the event of unpre dicted obstacles or emergencies in accordance with the operating docume nts.
24. The PIC is prohibited from beginning a flight unles s (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 Organizatio n (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA w ill 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 requ irements in the ATO issued COA including class of airspace, altitude le vel and potential transponder requirements.

26. All aircraft operated in accordance with the exempt ion must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance w ith 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable

.

27. Before conducting operations, the radio frequency s pectrum used for operation and control of the UA must comply with th e Federal Communications Commission (FCC) or other appropriat e government oversight agency requirements.23 28. The documents required fewer than 14 C.F.R. 91.9 an d 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made avai lable to the Administrator or any law enforcement official upon request.

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

30. The UAS may not be operated by the PIC from any mov ing device or vehicle.
31. Flight operations must be conducted at least 500 fe et from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and struc tures 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 nonparticip ating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 fe et 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 struc tures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined th at 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 per sons per § 91.119(a).

32. All operations shall be conducted over private or c ontrolled-access property with permission from the land owner/controller or a uthorized representative.24 Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that tr ansgresses the lateral or vertical boundaries of the operational area as defi ned by the applicable COA must be reported to the FAA's UAS Integration Offic e (AFS-80) within 24 hours. Accidents must be reported to the National T ransportation Safety Board (NTSB) per instructions contained on the NTSB Web s ite: www.ntsb.gov. 2. Reasons Why An Exemption From The Requirements O f Section 61.113(a) And (b) Would Not Adversely Affect Safety
.

ROBERT W. LACY submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 and DJI Inspire 1 UASs unless that PIC ha s demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 or DJI Inspire 1 UAS in a manner cons istent with the exemption, including evasive and emergency maneuvers and maintaining app ropriate distances from people, vessels, vehicles and structures. Considering ROBERT W. LACY’s proposed area of opera tions, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requireme nts (See Exemption No. 11062); and the airmanship skills necessary to safely operate t he DJI Phantom 3 or DJI Inspire 1 UAS, ROBERT W. LACY submits that the additional manned a irmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for ROBERT W. LACY’s specific proposed flight operation s. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 1108 0, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11 161). ROBERT W. LACY will not allow any PIC to operate th e DJI Phantom 3 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3 or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 or DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergenc y maneuvers and maintaining appropriate distances from people, vessels, vehicle s and structures.25

Specifically, the PIC must have accumulated and log ged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the s ame make and model of UAS to be used for operations 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 in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulati ons will ensure an equivalent level of safety during ROBERT W. LACY’s proposed operations. The Administrator has held that prior documented flight experience that was ob tained in compliance with applicable regulations would ensure safe operations, stating a s follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar o perations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at l east 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations u nder Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers the se 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 th e 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addit ion to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum , the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely condu ct the petitioner’s proposed operations. The FAA also finds that prior documente d flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flig hts can also be conducted under the grant of exemption to accomplish the required f light time. During training, proficiency, and experience-building flights the PI C 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, ROBERT W. LACY will ensure safe operat ions by not allowing any PIC to operate the DJI Phantom 3 or DJI Inspire 1 UAS unle ss that PIC has demonstrated, by meeting minimum flight-hour and currency requiremen ts, that the PIC is able to safely operate the DJI Phantom 3 or DJI Inspire 1 UAS in a manner consistent with the26

exemption, including evasive and emergency maneuver s and maintaining appropriate distances from people, vessels, vehicles and struct ures.

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

The equivalent level of safety established by Secti on 91.7(a) will be maintained because prior to every flight, ROBERT W. LACY will ensure t hat the DJI Phantom 3 or DJI Inspire 1 UAS is in an airworthy condition base d upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 1108 0, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11 160, 11161).

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

The equivalent level of safety established by Secti on 91.121 will be maintained because the altitude information of the DJI Phantom 3 and D JI Inspire 1 UAs will be provided to the PIC via GPS equipment and a radio communication s telemetry data link, which downlinks from the UA to the GCS for active monitor ing of the flight path and altitude. This altitude information, combined with ROBERT W. LACY’s operation of the DJI Phantom 3 and DJI Inspire 1 UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the ai rcraft. Prior to each flight, a zero altitude initiation point is automatically establis hed by the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 1108 0, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11 161).

5. Reasons Why An Exemption From The Requirements O f Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalen t level of safety established by 1427

C.F.R. Section 91.151(b) as a result of (1) the tec hnical specifications of the DJI Phantom 2 and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordi ngly, ROBERT W. LACY will ensure that it will safely operate the battery powered DJI Phan tom 3 and DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough batte ry 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, as in Exemption No. 11109, the technical spec ifications of the DJI Phantom 3 and DJI Inspire 1 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensu red as the DJI Phantom 3 and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 and DJI Inspire 1 UASs will descend and land automatically. Significantly, previous exemptions granted by the F AA concerning Section 91.151 establish that safety is not adversely affected whe n the technical characteristics and operating limitations of the UAS are considered. Re lief has been granted for manned aircraft to operate at less than the minimums presc ribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstanc es similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 1 0808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11 136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements O f 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, ROBERT W. LACY submits t hat the equivalent level of safety with regard to the regulatory maintenance and alter ation 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 ROBERT W. LACY will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i. e., Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Fu rthermore, ROBERT W. LACY will28

document and maintain all maintenance records for t he DJI Phantom 3 and DJI Inspire 1 UASs. Since the DJI Phantom 3 and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, ROBERT W. LACY will maintain t he equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), an d 91.409(a)(2). A copy of the DJI Phantom 3 and DJI Inspire 1 User Manuals are attach ed hereto as Appendix A and B; a copy of the DJI Phantom 3 and DJI Inspire 1 UAS Mai ntenance LOG is attached hereto as Appendix C. Likewise, the exemption sought will not adversely a ffect safety because ROBERT W. LACY will use trained technicians to perform mai ntenance, alterations or preventive maintenance on the UAS using the methods , techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.41 7(b), because all maintenance of the DJI Phantom 3 and DJI Inspire 1 UASs will be perfor med by trained technicians. Maintenance will be documented and maintained utili zing the monthly maintenance log. Significantly, previous exemptions granted by the F AA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristi cs and operating limitations of the UAS are considered. In consideration of ROBERT W. LACY’s proposed opera ting limitations, the operating documents, and the technical aspects of the DJI Pha ntom 3 and DJI Inspire 1 UASs, ROBERT W. LACY submits that safety will not be adve rsely 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 r elief specific to UAS in circumstances similar, in all material respects, to those present ed herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11 110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 7. The FAA May Prescribe Any Other Conditions For S afe Operation.
In accordance with Section 333 of the FAA Moderniza tion and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Condi tions, ROBERT W. LACY requests that the FAA prescribe special conditions for the i ntended operation of the DJI Phantom 3 and DJI Inspire 1 UASs, which contain such safety s tandards that the Administrator finds necessary to establish a level of safety equivalent to that established by29

14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.11 3(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 th e UAs for the limited purpose of conducting aerial video and photography over certai n areas of the United States for compensation or hire. FMRA Section 333 sets forth t he requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance w ith any requirements that must be established for the safe operation of the UAS in th e NAS. Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 and DJI Inspire 1 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do n ot contain adequate or appropriate safety standards, due to the novel or u nusual design features of the aircraft. Section 21.16, entitled Special Condition s, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an air craft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and ame ndments thereto for the product. The special conditions are issued in accordance wit h Part 11 of this chapter and contain such safety standards for the aircraft, air craft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s int ended operation of the DJI Phantom 3 and DJI Inspire 1 UASs, which contain such safety s tandards 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 Sections 61.113(a) & (b), 9 1.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Summary That Can Be Published In The F ederal Register, stating: The Rules From Which ROBERT W. LACY Seeks Exemption:

ROBERT W. LACY seeks exemption from the requirement s 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).30 A Brief Description Of The Nature Of The Exemption ROBERT W. LACY Seeks:

This exemption will permit ROBERT W. LACY to commer cially operate an Unmanned Aircraft System (UAS) for the purpose of c onducting aerial video and photography over certain areas of the United States

.

• Any Additional Information, Views, Or Arg uments Available To Support ROBERT W. LACY’s Request.

This Petition is made pursuant to the FAA Moderniza tion and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, ROBERT W. LACY’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for co nsidering whether a UAS will create a hazard to users of the NAS or the public, or otherw ise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, ROBERT W. LACY will o perate the DJI Phantom 3 and DJI Inspire 1 UASs safely in the NAS, without creat ing a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.
CONCLUSION As set forth herein, ROBERT W. LACY seeks an exempt ion 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 Phantom 3 and DJI Inspire 1 UASs commercially, without an airworthiness certificate, for the limited purpo se 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 the FAA Modernization and Reform Act of 2012, while also advancing the intere sts of the public, by allowing ROBERT W. LACY to safely, efficiently, and economic ally operate the DJI Phantom 3 and DJI Inspire 1 UASs commercially within the NAS.
WHEREFORE , in accordance with the Federal Aviation Regulatio ns and the FAA Modernization and Reform Act of 2012, Section 333, ROBERT W. LACY respectfully31

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), 91.1 21, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and per mit ROBERT W. LACY to operate the DJI Phantom 3 and DJI Inspire 1 UASs commercially f or the purpose of conducting aerial video and photography over certain areas of the Uni ted States. Dated: July 14, 2015**Respectfully submitted,**

**ROBERT W. LACY**

**ROBERT W. LACY**
**2709 Woodshire Dr. Arlington, Texas 76016**  **rlacy@sbcglobal.net**
**214-878-6127 32** 



## Appendices:

**A – DJI Phantom 3 Manual (See http://www.dji.com/prod**  **uct/phantom-3/download)**

**B – DJI Inspire 1 Specifications Data Sheet (See atta**  **ched documents)**

**E – Monthly Maintenance Log (See attached documents )** **33**