UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

_

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

ALL AMERICAN AERIAL DRONES INC. 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 THE

DJI PHANTOM 2 VISION UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on April 1

, 2015

James W Musser

All American Aerial

Drones Inc. 113 Palm Bay Blvd Panama City Beach, Fl 32408 Tel: (850 ) 610

- 0010 Email: support@eljiservices.com

Petitioner2 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 O F 14 C.F.R. FROM WHICH ALL AMERICAN

AERIAL DRONES INC. SEEKS EXEMPTION

................................ .......................... 8

THE EXTENT OF RELIEF ALL AMERICAN AERIAL DRONES INC. SEEKS

AND THE REASON AAADI SEEKS THE RELIEF

................................ ................ 11

THE REASONS WHY GRANTING ALL AMERICAN AERIAL DRONES INC

. ’S REQUEST WOULD BE IN THE PUBLIC INTEREST

................................ ............. 15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADV ERSELY AFFECT SAFETY

................................ ................................ .............. 18

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

.......... 33

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE

TO SUPPORT ALL AMERICAN AERIAL DRONES INC .'S REQUEST

............... 33

CONCLUSION

................................ ................................ ................................ ................. 343 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

C.F.R. Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FCC Federal Communications Commission

GCS Ground Control Station

GPS Global Positioning System

NAS National Airspace System

NOTAM Notice to Airmen

OEM Original Equipment Manufacturer

PIC Pilot In Command

RTH Return To Home

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing4 SUMMARY

All American Aerial Drones Inc . 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 All American

Aerial Drones Inc. to operate an Unmanned Aircraft System (UAS) for the commercial purpose

of conducting aerial acquisit ions within the National Airspace System (NAS).

INTRODUCTION AND INTERESTS OF THE PETITIONER

All American Aerial Drones Inc. (hereinafter referred to as “ AAADI ”) is a startup

company through a partnershi p of the companies listed below

. In addition to sup porting current

operations for the pa rent companies, AAADI wishes to create a pool of pre

- certified private

pilots to perform paid aerial data acquisition using the DJI Phantom 2 Vision+ plus platform

.

Our long term goal is to become a steward of future UAS operations within the NAS by

developing training, certification, and/or licensing programs to suppo rt the responsible and legal

use of UAS’S within the NAS.

 ELJI Se rvices, LLC, (CEO) Property Inspect ions & Virtual Tours lead by James

Musser , with a primary focus on residential/commercial property inspections, real

estate photography, and event cinematography.

 Island Air, LLC (COO) (PIC) , Lead by Ronald Jarmon, with a prim ary focus on

flight training , commercial flight operations, and ae rial

photography/cinematography.5 BACKGROUND

Unmanned Aircraft System: Phantom 2 Vision UAS

AAADI seeks an exemption to operate the DJI Phantom 2 Vision UAS (Phantom 2

Vision UAS) for compensation or hire within the NAS. The Phantom 2 Vision UAS is

comprised of a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) and a

transportable Ground Control Station (GCS). The Phantom 2 Vision UA has a maximum gross

weight of approximately 5.5 pounds; m easures approximately 12 inches in length, 12 inches in

width, and 7 inches in height; and has maximum speed of approximately 30 knots. The Phantom

2 Vision UA is equipped with four rotors, each being driven by a Lithium Polymer battery

powered electric mo tor.6

The Phantom 2 Vision UA that will be operated by AAADI 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, Ide ntification and Registration

Marking

.

BASIS FOR PETITION

Petitioner, AAADI, pursuant to the provisions of the Federal Aviation Regulations (14

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special

Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to operate the

Phantom 2 Vision UAS within 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), 9 1.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)

& (b).

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

unmanned aircraft and its operation, AAADI ’s operation of the Phantom 2 Vision UAS meets

the conditions o f FMRA Section 333 and therefore, will not require an airworthiness certificate

in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, AAADI 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.

AAADI submits that the requested relief is proper since an equivalent level of safety will

be ensured. All maintenance, alterations, or preventiv e maintenance of the Phantom 2 Vision

UAS performed by AAADI will be in accordance with the methods, techniques, and practices

prescribed in the operating documents (i.e., the Phantom 2 Vision User Manual, the7

Phantom 2 Vision Quick Start Guide, the Phantom 2 Vision Checklists, the Smart Flight Battery

Safety Guidelines and the Phantom Pilot Training Guide). Furthermore, only the Original

Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher level

inspections and mai ntenance per the operating documents and OEM standards. AAADI will

document and maintain all maintenance records for the Phantom 2 Vision UAS.

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

privileges and limitations : Pilot in command , is requested by AAADI to the extent necessary to

allow the proposed UAS flight operations to be conducted by a Pilot in Command (PIC) holding

a private pilot certificate, as well as an airman medical certificate, and who has demonstrat ed, by

meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate

the Phantom 2 Vision UAS in a manner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from p eople, vessels, vehicles and

structures.

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

the Phantom 2 Vision UAS does not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. As such, AAADI submits that it will ensure that the Phantom 2

Vision UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in

compliance with the operating documents (i.e., the Phantom 2 Vision User Manual, the Phantom

2 Vision Quick Start Guide, the Phantom 2 Vision Checklists, the Smart Flight Battery Safety

Guidelines and the Phantom Pilot Training Guide), and that the aircraft is in a condition for safe

flight.

AAADI also se eks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings , because the altitude reporting equipment of the Phantom 2 Vision UAS is set8

to zero feet above ground level (AGL), rather than local barometric pressure o r field altitude,

before each flight. The altitude information of the Phantom 2 Vision UA is provided to the PIC

via a barometric pressure sensor, Global Positioning System (GPS) equipment, and a radio

communications telemetry data link, which downlinks fr om the UA to the GCS for active

monitoring of the flight path. A level of safety equivalent to Section 91.121 will be ensured as

the altitude of the Phantom 2 Vision UA will be reported to air traffic control (ATC) in feet

AGL, and AAADI will operate the P hantom 2 Vision UA within visual line of sight, at or below

400 feet AGL.

Additionally, AAADI seeks an exemption from the requirements of Section 91.151(b),

entitled Fuel requirements for flight in VFR conditions

. AAADI Smith submits that safety will

not be affected by operation of the Phantom 2 Vision 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 20 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least five minutes (i.e., 20 percent battery power

remaining).

In accordance with 14 C.F.R. § 11.81, AAADI provides the following information in

support of its petition for exemption:

A. Name And A ddress Of The Petitioner.

The name and address of the Petitioner is:

All American Aerial Drones Inc. 113 Palm Bay Blvd Panama City Beach, Fl 324089

The point of contact for this Petition and specific contact information is as follows:

James W. Musser

All American Aerial
Drones, Inc Panama City Beach, Fl 32408 Tel: (850) 610

- 0010

Ema il: support@eljiservices.com

B. The Specific Sections Of 14 C.F.R. From Which AAADI Seeks Exemption.

1. AAADI 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. AAADI Seeks Exemption From The Re quirements 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. AAADI 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;10 (ii) If there is no st ation 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 airport or an appropriate altimeter setting available before departure;

4. AAADI Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b),

states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20

minutes.

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

Section 91.405, entitled Maintenance required , subsection (a), states the following:

Each owner or operator of an aircraft

—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. AAADI 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[.]

7. AAADI Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:11

(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 h as 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. AAADI Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

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

following:

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

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (includ ing the airframe) and each engine, propeller, rotor, and appliance 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; an d

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

aircraft for return to service.

(2) Records containing the following information:

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

and each rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.12 (iv) The current inspection statu s 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 safety 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 prescribed by § 43.9(d) of this chapt er for each major alteration to the airframe and currently installed engines, rotors, propellers,

and appliances.

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircr aft 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 AAADI Seeks And The Reason AAADI Seeks The Relief.

1. Extent of Relief AAADI Seeks And The Reason AAADI 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

certificate, as well as an airman medical certificate, and who has met certain flight

- hour and

currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

This relief is re quested 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 any13

business or employment if: (1) The flight is only incidental to th at business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, AAADI submits that an equivalent level of safety will be

maintained because no PIC will be allowed to operate the Phantom 2 Vision UAS unless that

PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to

safely operate the Phantom 2 Vision UAS in a manner consistent with the operations

specifications as set forth herein, inc luding evasive and emergency maneuvers, as well as

maintaining appropriate distances from people, vessels, vehicles and structures.

Further, AAADI submits that all flights of the Phantom 2 Vision UAS, conducted by the

PIC pursuant to the grant of this Peti tion: (1) will be incidental to AAADI ’s business; and (2)

will not carry passengers or property for compensation or hire.

2. Extent of Relief AAADI Seeks And The Reason AAADI Seeks Relief From

Section 91.7(a).

Relief from Section 91.7(a) entitled Civil airc raft airworthiness , is requested to the extent

required to allow AAADI to determine that the Phantom 2 Vision UAS is in an airworthy

condition prior to every flight by ensuring that the UAS is in compliance with the operating

documents (i.e., the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start Guide,

the Phantom 2 Vision Checklists, the Smart Flight Battery Safety Guidelines and the Phantom

Pilot Training Guide).

AAADI seeks the requested relief because the Phantom 2 Vision UAS does not req uire

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, AAADI

will ensure that the Phantom 2 Vision UAS is in an airworthy condition based upon its

compliance with the operating documents prior to every flight, and fu rther, determine the aircraft

is in a condition for safe flight, as stated in the conditions and limitations below.14

3. Extent of Relief AAADI Seeks And The Reason AAADI Seeks Relief From

Section 91.121.

Relief from Section 91.121, entitled Al timeter settings , may be required to allow flight

operations of the Phantom 2 Vision UAS, because the Phantom 2 Vision UA’s altitude reporting

equipment may be set on the ground to zero feet AGL, rather than local barometric pressure or

field altitude, bef

ore each flight. The Phantom 2 Vision UAS utilizes a barometric pressure

sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude

information from the UA to the PIC at the ground control station (GCS).

Considering the limited altitude of the proposed operations, relief from 14 C.F.R. §

91.121 is sought to the extent necessary to comply with the applicable conditions and limitations

stated below. As more fully set forth herein, a level of safety equivalent to Section 91.121 will

be ensured as the altitude of the Phantom 2 Vision UA will be reported to air traffic control

(ATC) in feet above ground level (AGL), and AAADI will operate the Phantom 2 Vision UA

within visual line of sight, at or below 400 feet AGL.

4. Extent Of Relief AAADI Seeks And The Reason AAADI Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions

, is

requested to the extent required to allow flights of the battery powered Phantom 2 Vision UA

during daylight hours in visual meteorological conditions (VMC), under visual flight rules

(VFR) for a total duration of 20 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least five mi nutes (i.e., 20 percent battery power

remaining). AAADI seeks the requested relief because without an exemption from Section

91.151(b), the flight time duration of the battery powered Phantom 2 Vision UA will severely15

constrain the practicality of any aerial acquisition and research flight operations that AAADI

proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the Phantom 2 Vision

UAS, the Phantom 2 Vision UAS operating documents, and AAADI ’s proposed operating

limitations, ensure that AAADI will safely operate the battery powered Phantom 2 Vision UA

during daylight hours in visual meteorological conditions (VMC) under visual flight rules

(VFR), with enou gh battery power to fly for a total duration of 20 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least five minutes

(i.e., 20 percent battery power remaining).

5. Extent Of Relief AAADI Seeks And The Reason AAADI 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, AAADI requests relief from these Sections

because the Phantom 2 Vision UAS does not require an airworthiness certificate. As set forth

more fully below, the Phantom 2 Vision UAS meets the conditions of Section 333 of the FMRA

for operation without an air worthiness certificate.

All maintenance, alterations, or preventive maintenance on the UAS of the Phantom 2

Vision UAS performed by AAADI will be in accordance with the methods, techniques, and

practices prescribed in the operating documents (i.e., the Phantom 2 Vision User Manual, the

Phantom 2 Vision Quick Start Guide, the Phantom 2 Vision Checklists, the Smart Flight Battery

Safety Guidelines and the Phantom Pilot Training Guide). Furthermore, only the Original

Equipment Manufacturer (OEM) or qualifie d OEM maintainers will perform higher level16

inspections and maintenance per the operating documents and OEM standards. AAADI will

document and maintain all maintenance records for the Phantom 2 Vision UAS.

D. The Reasons Why Granting AAADI ’s 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 AAADI to

safely, efficiently, and economically perform aerial acquisitions and resear ch within the NAS,

commercially, in support of government entities, agriculture, scientific studies, railroad industry,

and the oil and gas industries. Additionally, use of the Phantom 2 Vision UAS will decrease

congestion of the NAS, reduce pollution, and provide significant benefits to the economy.

Notably, the benefits of AAADI ’s proposed operation of the Phantom 2 Vision UAS will be

realized without implicating any privacy issues.

1. The Public Will Benefit From The Aerial Acquisition And Research

Performed.

AAADI submits this Petition to commercially operate the Phantom 2 Vision UAS and

perform aerial acquisitions within the NAS, in support of government entities, agriculture,

scientific studies, mining, and industry (e.g., railroad, gas, and oil industries). The Phantom 2

Vision UAS will provide safe, efficient, and economical aerial acquisition and research

operations to further each of these fields, all of which are critical to the well

- being of the general

public.

The specific operations that AAADI will perform with the Phantom 2 Vision UAS

demonstrate how the requested exemption will directly benefit the above

- referenced industries

and the public. In the railroad, oil, and gas industries, the Phantom 2 Vision UAS will be used

to: aid in faci lity inspections; survey and plan new worksites; survey of damage cause by storms,

natural disasters, and accidents; and perform right of way analysis. The Phantom 2 Vision UAS17

may also further environmental management by mapping deforestati on and surveying point

source pollution.

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

The Phantom 2 Vision UA is battery powered and serves as a safe, efficient, and

economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption

allowing the use of a Phantom 2 Vision UAS would reduce the amount of manned aircraft in the

NAS, reduce noise and air pollution, and incre ase the safety of life and property in the air and on

the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The

Phantom 2 Vision UA does not require an airport to takeoff or land. Likewise, a reduction of

manned aircraft conducting aerial survey missions would result in fewer aircraft that must be

handled by air traffic control during the ground, takeoff, departure, arrival, and landin g phases of

flight operations.

3. The Public Will Benefit From The Safety And Efficiency Of The Phantom 2

Vision UAS.

Conducting aerial acquisitions with the Phantom 2 Vision UAS, instead of manned

aircraft, will greatly benefit the public by drastically red ucing the levels of air and noise pollution

generated during traditional aerial survey flight operations. By using battery power and electric

motors, the Phantom 2 Vision UAS produces no air pollution, and is the most viable

environmentally conscious alter native to the cabin class, six cylinder internal combustion twin

engine aircraft that are typically utilized for aerial acquisitions, and burn approximately 20

- 30

gallons per hour of leaded aviation fuel. The Phantom 2 Vision UA, while reducing the carbon18

footprint of aerial acquisitions, also reduces noise pollution, as the UA is propelled by battery

powered electric motors, rather than an internal combustion engine.

By using the Phantom 2 Vision UAS to perform aerial acquisitions, the subst antial risk to

life and property in the air and 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 flight

- crew members located onboard the aircraft, the Phantom 2 Vision UA (weighing

approximately 5.5 pounds at its maximum gross weight; measuring approximately 14 inches

diagonally; and carrying no fuel on board), has less physical potential for collateral damage t o life

and property on the ground, and in the air, compared to the manned aircraft that typically conduct

aerial acquisitions (weighing approximately 6,500 pounds with a wingspan of approximately 40

feet, a length of 34 feet, and a fuel capacity of 180 gal lons).

4. Performing Aerial Acquisition Operations With The Phantom 2 Vision UAS

Will Benefit The Economy.

In addition to being safe and efficient, the Phantom 2 Vision UAS is also an economical

alternative to using manned aircraft to conduct aerial acquisit ions. As such, operation of the

Phantom 2 Vision UAS will allow United States based companies, like AAADI , to remain

competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of

aviation fuel and the Environmental Protec tion 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 Phantom 2 Vision

UAS 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.19

By operating the Phantom 2 Vision UAS, companies such as AAADI , 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 fina ncial

performance of U.S. companies, through commercial use of the Phantom 2 Vision UAS,

provides a stable workforce that increases consumer spending; improves local, state, and federal

tax revenues; and allows companies to invest in research and developme nt in order to remain

competitive both in the United States and abroad.

5. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for

decades, AAADI ’s proposed operation of the Phantom 2 Vision UAS will not implicate any

privacy issues. Specifically, the Phantom 2 Vision UAS will only be operated pursuant to the

specific conditions and limitations set forth herein, and in accordance with the Federal Aviation

Regulations, including the minimum altitud e requirements of 14 C.F.R. § 91.119. Most

significantly, the Phantom 2 Vision UA will not be operated closer than 500 feet to any person,

vessel, vehicle, or structure, which is not directly involved in the operation.

E. The Reasons Why Granting The Exemptio n 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 AAADI Seeks Exemption.

1. Reasons Why The Phantom 2 Vision UAS Meets 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, AAADI ’s operation of the Phantom 2 Vision UAS meets

the conditions of FMRA Section 33 3, and will not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H.20

Section 333 provides authority for a UAS to operate without airworthiness certification

and sets forth 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. 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 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 Systems.

-- 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 users of the national airspace system or the public or pose a threat to na tional security; and

(2) ) whether a certificate of waiver, certificate of authorization, or airworthiness certification 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 aircraft systems in the national airspace system.

In seeking this exemption, AAADI submits that the Phantom 2 Vision UAS can operate

safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of

the Phantom 2 Vision UAS; (b) the pilot certification requirement; and (c) the specific operating

limitations.21 a. The Specifications Of The Phantom 2 Vision UAS Demonstrate Its

Safe Characteristics.

The Phantom 2 Vision UAS does not create a hazard to users of the NAS o r the public, or

otherwise pose a threat to national security considering its size, weight, speed, and operational

capability.

i. Technical Specifications Of The Phantom 2 Vision UAS.

The technical specifications of the Phantom 2 Vision UAS are set forth at page 70 of the

Phantom 2 Vision User Manual, attached hereto as Exhibit A. Exhibit A contains proprietary

information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b) 1

.

ii. The Phantom 2 Vision UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area.

The Phantom 2 Vision UAS may be operated in both semi and fully autonomous flight

modes. The Phantom 2 Vision UAS autonomous features include the following: a GPS Position

and Altitude Hold when the GCS controls are released to their neutral positions; a Return To

Home (RTH) function; and Flight Limits (i.e, pre

- set limitations that restrict the distance and

height of the UAS flight operations).

A complete description of the autonomous modes of th e Phantom 2 Vision UAS is

provided at pages 32 through 41 of the Phantom 2 Vision User Manual, attached hereto as

Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file

pursuant to 14 C.F.R. § 11.35(b).

1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b), are not to be included in the Federal Docket Management System (FDMS).22 iii. The Phantom 2 Vision UAS Is Designed For Automatic Return

To Home P oint Or Auto

- Land In The Event Of Loss Of The

Control Link Or Navigation.

A complete description of the Failsafe Functions of the Phantom 2 Vision UAS is set

forth at pages 32 through 41 of the Phantom 2 Vision User Manual, attached hereto as Exhibit A.

Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14

C.F.R. § 11.35(b).

iv. The Phantom 2 Vision GCS And Its Operation.

A complete description of the operation and specifications of the Phantom 2 Vision GCS

and its software is provided at pages 7 through 17 and pages 42 through 65 of the Phantom 2

Vision User Manual. The Phantom 2 Vision UAS is compliant with all Federal Communications

Commission (FCC) requirements, and the radio frequency spectrum used for operation and

control of the UA is set forth at page 70 of the Phantom 2 Vision UAS User Manual. A copy of

the Phantom 2 Vision User Manual, which contains proprietary information, is attached hereto as

Exhibit A, and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

b. Flight Operations Of The Phantom 2 Vision UAS Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

AAADI will only utilize certificated pilots who possess a current and valid FAA issued

airman me dical certificate to act as a pilot in command (PIC) of the Phantom 2 Vision UAS.

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

c. Flights Of The Phantom 2 Vision UAS Will Be Conducted Pursuant To Specific Operating Limitat ions.

In seeking this exemption, AAADI proposes to commercially operate the Phantom 2

Vision UAS for the special purpose of conducting aerial acquisitions within the NAS, pursuant

to the following specific operating limitations:23

1. Operations authorized by this grant of exemption are limited to the following aircraft described in the operating documents, which is a quad

- rotor aircraft weighing less than 6 pounds at maximum gross weight: DJI Phantom 2 Vision Unmanned Aircraft System. Proposed op erations of any other aircraft will require a new petition or a petition to
amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial acquisitions.

3. The UA may not be flown at an indicated air speed exceeding 30 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL.

5. The UA must be ope rated 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 pe rson view (FPV) by the PIC or visual observer (VO) is not permitted.

7. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and

PIC must 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 VO can perform the functions prescribed in the operating documents.

8. The VO 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 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 Administrator upon request. If a discrepancy exists

between the conditions and limitations 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 outlined 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 present upda ted 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 amen dment to the grant of exemption. The FAA’s24

UAS Integration Office (AFS

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

10. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed

and the UAS is found to be in a condition for safe flight. 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 UAS that has undergone maintenance or alterations that affect the UAS operation or fl ight characteristics, 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 potent ial discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS 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 noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UAS 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 at least a private pilot certificate and at least a c urrent third

class medical certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot 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 UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate d istances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). The VO is also required to complete the operator’s training requirements. A record of training must be documented and made available upon request by the Administrator. Flights for the purposes of training the operator’s PICs and25

VOs (training, proficiency, and experience

- building), are permitted under the terms of the exemption. However, train ing operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

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

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). 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 airport’s management is obt ained, 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 operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the 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 20% battery power remaining.

25. The operator mus t 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 Airmen (NOTAM) not more than 72 h ours 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 large as practicable.26

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 documents required under 14 C.F.R. 91.9 and 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 available to the Administrator or any law enforcement official

upon req uest.

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 moving device or vehicle.

31. The UA may not be operated over congested or densely popul ated areas.

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

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such p rotection and are 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 P IC has made a safety 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, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

33. 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 each flight to be

conducted.

34. 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 UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the

NTSB We b site: www.ntsb.gov.27

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

AAADI 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 Phantom 2 Vision UAS

u nless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements,

that the PIC is able to safely operate the Phantom 2 Vision UAS in a manner consistent with the

exemption, including evasive and emergency maneuvers and maintaining appropriate distances

from people, vessels, vehicles and structures.

Considering AAADI ’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 Phantom 2 Vision UAS, AAADI submits that the additional manned

airmanship experience of a commercially certificated pilot would not correlat e to the airmanship

skills necessary for AAADI ’s specific proposed flight operations.

The Phantom 2 Vision UAS has been the subject of multiple Grants of Exemption from

Section 61.113(a) and (b) (Exemption Nos. 11153, 11157). Additionally, the FAA has

pr eviously 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, 11080, 11109, 11110, 11112, 11136, 11138, 1 1150, 11153, 11156,

11158, 11159, 11160, 11161, 11170, 11171, 11172).

AAADI will not allow any PIC to operate the Phantom 2 Vision UAS unless that PIC

has demonstrated, by meeting minimum flight

- hour requirements or the Phantom 2 Vision

UAS training and currency requirements, that the PIC is able to safely operate the Phantom 228

Vision UAS 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 UAS rotorcraft pilot including at least 10 hours

logged as a UAS pilot with a multi

- rotor UAS (with a minimum of 5 hours of those hours as a

UAS pilot operating the same make and model of UAS to be used for operations under the

exemption). In addition to the hour requirements, the PIC must accomplish 3 take

- offs and

landings in the preceding 90 days (for c urrency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that

was obtained in compliance with applicable regulations will ensure an equivalent level of safety

during AAADI ’s proposed operations. The Administrator has held that prior documented flight

experience that was obtained in compliance with applicable regulations would ensure safe

operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), 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 least 10 hours logged as a UAS pilot with a multi

- rotor
UAS . Prior to operations under 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 these 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 UAS rotorcraft time. In addition to the

hou r requirements, the PIC must accomplish 3 take

- offs 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 conduct the pe titioner’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

expe rience

- 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 91.119.29

Exemption No. 11138 at page 15.

Accordingly, AAADI will ensure safe operations by not allowing any PIC to operate the

Phantom 2 Vision UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and

currency requirements, that the PIC is able to safely operate the Phantom 2 Vision UAS in a

manner consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

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

The equivalent level of safety established by Section 91.7(a) will be maintained because

prior to every flight, AAADI will ensure that the Phantom 2 Vision UAS is in an airworthy

condition based upon the Phantom 2 Vision UAS’s compliance with its operating documents

(i.e., the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start Guide, the Phantom

2 Vision Chec klists, the Smart Flight Battery Safety Guidelines and the Phantom Pilot Training

Guide), and as stated in the conditions and limitations herein.

The Phantom 2 Vision UAS has been the subject of multiple Grants of Exemption from

Section 91.7(a) (Exemption Nos. 11153, 11157). 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, 11080

,

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161,

11166, 11167, 11170, 11171, 11172).

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

The equivalent level of safety established by Section 91.121 will be maintained because

the altitude of the Phantom 2 Vision UA will be reported to air traffic control (ATC) in feet30

above ground level (AGL), and AAADI will operate the Phantom 2 Vision UA within visual line

of sight, at or below 400 feet AGL. Furthermore, the altitude information of the Phantom 2 UA

will be provided to the PIC via a barometric pressure sensor, GPS equipment and a radio

communications telemetry data link, which downlinks from the U A to the GCS for active

monitoring of the flight path and altitude. Prior to each flight, a zero altitude initiation point is

automatically established by the UAS at ground level.

The Phantom 2 Vision UAS was the subject of multiple Grants of Exemption from

Section 91.121 (Exemption Nos. 11153, 1157). 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, 1106 6, 11067, 11080,

11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166,

11167, 11170, 11171).

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

A grant of this exem ption would ensure an equivalent level of safety established by 14

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the Phantom 2 Vision

UAS; (2) the limitations on the proposed flight operations; and (3) the location of the pro posed

flight operations. Accordingly, AAADI will ensure that it will safely operate the battery

powered Phantom 2 Vision UA during daylight hours in visual metrological conditions (VMC)

under visual flight rules (VFR), with enough battery power to fly for a total duration of 20

minutes to the first point of intended landing and, assuming normal cruising speed, to fly after

that for at least five minutes (i.e., 20 percent battery power remaining).31

Here, as in Exemption No. 11109, the technical specifications of the Phantom 2 Vision

UAS; 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 e nsured as the Phantom 2 Vision UAS provides audible and visual

warnings to the PIC at the GCS when the UA has low battery power remaining.

Significantly, the Phantom 2 Vision UAS has been the subject of multiple Grants of

Exemption from Section 91.151 (Exe mption Nos. 11153, 11157), and other previous

exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely

affected when the technical characteristics and operating limitations of the UAS are considered.

Relief has been gr anted for manned aircraft to operate at less than the minimums prescribed 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 circumstances similar, in a ll

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, 11166, 11167, 11170, 11171 , 11172).

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, AAADI 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 all

maintenance, alterations, or preventive maintenance of the Phantom 2 Visio n UAS performed by

AAADI will be in accordance with the methods, techniques, and practices prescribed in the

operating documents (i.e., the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start32

Guide, the Phantom 2 Vision Checklists , the Smart Flight Battery Safety Guidelines and the

Phantom Pilot Training Guide). Furthermore, only the Original Equipment Manufacturer (OEM)

or qualified OEM maintainers will perform higher level inspections and maintenance per the

operating documents a nd OEM standards. AAADI will document and maintain all maintenance

records for the Phantom 2 Vision UAS.

Since the Phantom 2 UAS will be inspected as prescribed by the operating documents,

AAADI will maintain the equivalent level of safety established by Sections 91.405(a),

91.409(a)(1), and 91.409(a)(2). The following operating documents are attached hereto,

identified as the following Exhibits: (A) the Phantom 2 Vision User Manual; (B) the Phantom 2

Vision Quick Start Guide; (C) the Phantom 2 Vision Ch ecklists; and (D) the Smart Flight Battery

Safety Guidelines. The foregoing exhibits contain proprietary information and are to be held in a

separate file pursuant to 14 C.F.R. § 11.35(b).

Likewise, the exemption sought will not adversely affect safety because all maintenance,

alterations, or preventive maintenance of the Phantom 2 Vision UAS will be performed by

AAADI in accordance with the methods, techniques, and practices prescribed in the operating

documents. Only the Original Equipment Manufacture r (OEM) or qualified OEM maintainers

will perform higher level inspections and maintenance per the operating documents and OEM

standards. AAADI will document and maintain all maintenance records for the Phantom 2

Vision UAS.

Furthermore, an equivalent lev el of safety established by Sections 91.407, 91.417(a) and

91.417(b), because AAADI will document and maintain all of the maintenance records for the

Phantom 2 Vision UAS.33

The Phantom 2 Vision UAS has been the subject of multiple Grants of E xemption from

Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b) (Exemption

Nos. 11153, 11157), and other previous exemptions granted by the FAA concerning these

Sections establish that safety is not adversely affected when th e technical characteristics and

operating limitations of the UAS are considered (e.g. Exemption Nos. 11062, 11063, 11064,

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157,

11158, 11159, 11160, 11161, 11166, 11167, 1 1170, 11171, 11172).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions

, AAADI requests that the FAA

prescribe special conditions for the intended operation of the Phantom 2 Vision UAS, 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, a nd 14 C.F.R §§ 61.113(a) & (b),

91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

Such special conditions will permit safe operation of the UA for the limited purpose of

conducting aerial acquisitions within the NAS for compensation or hire. FMRA Section 333 sets

forth the requirements for considering whether a UAS will create a hazard to users of the NAS or

the public, or otherwise pose a threat to national security; and further, provides the authority for

su ch UAS to operate without airworthiness certification in accordance with any requirements

that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, fo r operation of the Phantom 2 Vision UAS, since the airworthiness regulations of 14

C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or34

unusual design features of the aircraft. Section 21.16, entitled S pecial 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 feature 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 s pecial conditions for AAADI ’s intended operation of the Phantom 2 Vision UAS,

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 Sections

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b).

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

The Rules From Which AAADI Seeks Exemption:

AAADI 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 AAADI Seeks:

This exemption wi ll permit AAADI to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial acquisitions within the National Airspace System (NAS).

G. Any Additional Information, Views, Or Arguments Available To Support

AAADI ’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS35

may operate safely in the NAS. As such, AAADI ’s request for exempti on may be granted

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create

a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and

further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, AAADI will operate the Phantom 2 Vision UAS safely in

the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat

to national security.

CONCLUSION

As set forth herein, AAADI 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 Phantom 2 Vision UAS commercially, without an airworthiness certificate, for

the limited purpose of conducting aerial acquisitions within the National Airspace System

(NAS). 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 interests

of the public, by allowing AAADI to safely, efficiently, and economically operate the Phantom

2 Vision UAS commercially within the NAS

.

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

Modernization and Reform Act of 2012, Section 333, AAADI respectfully requests that the

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Secti ons

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 AAADI to operate the Phantom 2 Vision UAS commercially for the

purpose of conducting aerial acquisitions within the NAS.36

Dated: April 1, 2015 Respectfully submitted,

All American Aerial Drones Inc.

/s/ James W Musser

113 Palm Bay Blvd Panama City Beach, Fl 32408 Tel: (850) 610

- 0010

Email: support@eljiservices.com

Petitioner