1

February , 1 9 2016

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

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

RE: AERIAL OPTIC REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE
OF FEDERAL REGULATIONS
SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 Professional, DJI Inspire 1 , Yuneec Typhoon Q500 4K, and Yuneec Tornado H920
UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF
THE FAA MODE RNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Matthew Poole Boykin

Chief Executive Officer

AERIAL OPTIC 4092 TPC Parkway Apt 1032 San Antonio, TX 78261
407

- 9 7 8

- 3350 AerialOptic7@gmail.com2 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIAT IONS...................................................................................3

SUMMARY...................................................................................................................... .....4

INTRODUCTION AND INTERESTS OF P ETITIONER....................................................4

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

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

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

............................... ............................... 6

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH AERIAL OPTIC SEEKS

EX EMPTION.........

............................... ........................................... ... ............... ....... 9

THE EXTENT OF RELIEF AERIAL OPTIC SEEKS AND THE REASON AERIAL OPTIC

SEEKS THE R ELIEF...................

................... ......... ....... . . . .. ... 1 2

THE REASONS WHY GRANTING AERIAL OPTIC ’S REQUEST WOULD BE IN THE
PUBLIC INTEREST ...................................

............ .................. .......................... .1 5

THE REASONS WHY GRANTING THE EXEMPTION TO AERIAL OPTIC WOULD NOT

ADVE RSELY AFFECT SAFETY.......

................................... ................ .... 2 6

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

.......... .. . .. 2 7

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS A VAILABLE TO

SUPPORT T HE AERIAL OPTIC ’S R EQUEST...

.......................... ................ . . ... 28

CONCLUSION............................................................................................................

. ........ 29

APPENDICES...............................................................

. ......................... 3 03 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernizatio n and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Sta ndard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

AERIAL OPTIC seeks ex emption 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 ( DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado H920 ) pursuant to Section 333 of the FAA

Moderni zation and Reform Act of 2012 (FMRA). This exemption will permit AERIAL OPTIC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of assist Law Enforcement and/or Military in Search & Rescue and Emergency Services in coordination with

l ocal authorities over certain areas of the United States, private and government training, environmental monitoring and wildlife conservation, aerial surveying and mapping, inspections, monitoring, surveillance, residential and commercial real estate activ ities, aerial inspection of utilities and infrastructure, news gathering, public events, inspection of residen tial and

commercial structures , public safety, power

- line inspections, pipe

- line inspections, research and public service mission s , student instru ction and education, closed set filming, aeri al videography and photography , br idges and structure inspection, aerial video and pho tography of construction sites, civil landscape s and events over certain areas of the United States.

INTRODUCTION AND INTERE STS OF THE PETITIONER

AERIAL OPTIC is a new firm with ambitious goals. AERIAL OPTIC will provide their clients ( which will include private sector businesses and non

- profits, along with local state and federal agencies ) with expertise and knowledge in vide o and multi media marketing

, advertising

, public relations and training using advanced technologies and solutions. The objective of AERIAL

OPTIC and our Unmanned Aircraft System ( DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado H920 ) aerial operations is to provide a more affordable

, high

- quality production system for a variety of governmental, commercial, public, and residential uses, specifically targeting

• Private and government training

• Appraisals

• Real

- estate marketing

• Economic development

• Civic landmarks

• Construction sites before and after

• Civ il disasters

• Border/Coastal Patrol

• Law Enforcement and other protection industries

• Military

• Search and Rescue and Emergency Services

• Private and government training

I have safely flown small RC electric quadcopters recreationally for approximately 2 year s without

incident.5 BACKGROUND

Unmanne d Aircraft Systems:

AERIAL OPTIC seeks an exemption to operate the following UAS’s for compensation or hire

within the NAS:

Description of Type, Make and Models of sUAV/ UAS Requested:

The petitioner is seeking an ex emption to commercially operate sUAVs makes and models as

follows:

1. Yuneec Tornado H920: The Yuneec Typhoon Q500 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) system at 2.4 GHz using Android application. T he Yuneec Typhoon Q500 has a flight time of 25mins per battery usage; a control Transmission Distance/Range of FCC Compliance up to 800M (2624.67ft.) / CE Compliance up to 200M (1312.34ft.); adjustable Maximum Flying Altitude of 13,000ft.

2. Yuneec Typhoon Q5 00 4K: The Yuneec Typhoon Q500 4K is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) system at 2.4 GHz using Android application. The Yuneec Typhoon Q500 has a flight time of 25mins per battery usage; a contro l Transmission Distance/Range of FCC Compliance up to 800M (2624.67ft.) / CE Compliance up to 200M (1312.34ft.); adjustable Maximum Flying Altitude of 200ft.

3. DJI Inspire 1: The DJI Inspire 1 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) system at 2.4 GHz using Android application. The DJI Inspire 1 has a flight time of 18 minutes per battery usage; a control Transmission Distance/Range of FCC Compliance up to 800M (2624.67ft.) / CE Compliance up to 200 M (1312.34ft.); adj ustable Maximum Flying Altitude of (1476 3.78 ft)

4. DJI Phantom 3 Profession al, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec
Tornado H920 Professional : The DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 Professional is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) system at 2.4 GHz using And roid application. The DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 Professional has a flight time of 23 minutes per battery usage; a control Transmission Distance/Range of FCC Compliance up to 800M (2624.67ft.) / CE Compliance up to 200M (1312.34ft.); adjustable Maximum Flying Altitude of ( 19685.04 ft)

Each UAV/UAS separately weighs 55 lbs. or less, with imaging payload and applicable equipment.

The HSE Yuneec Tornado H920, Yuneec Typhoon Q500 , DJI Inspire 1, and DJI

Processional 3 t hat will be operated by AERIAL OPTIC will be registe red in accordance6

with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

AERIAL OPTIC seeks an exemption to operate DJI Pha ntom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 system s for compensation or hire within

the NAS. This exemption request, once granted would allow the petitioner to operate a small unmanned aerial vehicle (sUAV), unmann ed aircraft system (UAS) to conduct bridge Inspections, flare stack inspection, utility

- power generation system inspections and patrolling, aerial inspection, photography and videography of residential and commercial real estate, weddings, aerial inspectio n, photography and videography of utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and videography, precision agriculture with on boar d sensors, wildlife and forestry monitoring and mosquito and insect control, aerial surveying, construction site inspection and monitoring, public entity support operations, Aerial imaging for safety, monitoring and comparing work efforts and completion pe rcentages, and security of controlled environment of various sites, aerial video and live video feed to assist with search and rescue operations under the authority and support of local authority officials, aerial video and photography for public and priva te use including television, public events, and cinematography live feed and live newsgathering, training to persons individually or belonging to both private and public organizations to increase awareness and improve safety for current and future UAS

oper ations within the NAS, special events: including high schools, colleges, professional sports, open air events and fairs, research, risk management and assessment, motion picture production , surface mining, closed set filming , disaster and catastrophe eve nts.

The DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado

H920 will be operated by AERIAL OPTIC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Regis tration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, AERIAL OPTIC , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization a nd Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K,

and Yuneec Tor nado H920 UAS 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, a nd limited operating area associated with the unmanned aircraft and its operation, AERIAL OPTIC operation of DJI Phantom 3 Professional,7

DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS meets the conditions

of FMRA Section 333 and therefo re, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, AERIAL OPTIC 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 req uirements for maintenance that only apply to aircraft with an airworthiness certificate.

AERIAL OPTIC submits that the requested relief is proper since an equivalent level of safety

will be ensured. AERIAL OPTIC will use experienced personnel or technicia ns to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado H920

Instruction Manual s ). Furthermore, AERIAL OPTIC will document and maintain all

maintenance records for the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500

4 K, and Yuneec Tornado H920 UAS.

Relief from certain r equirements of Section 61.113(a) and (b), entitled Private pilot privileges
and limitations: Pilot in command , is requested by AERIAL OPTIC to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as we ll as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado H920 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

AERIAL OPTIC seeks relief from Section 91.7(a), entitled Civil aircraft airworth iness

, because

the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado

H920 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, AERIAL OPTIC submits that they will ensu re that the DJI Phantom 3 Professional, DJI Inspire 1, Yune ec Typhoon Q500 4K, and Yuneec Tornado H920 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Mainte nance Log, and DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado H920 ), and that the aircraft are in a condition for safe flight.

AERIAL OPTIC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K,
and Yuneec Tornado H920 UAS will not have a typical barometric altimeter onboard. However,

altitude information of the DJI Phantom 3 Professional, DJ I Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado H920 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of th e flight path. This altitude information, combined with The

AERIAL OPTIC ’s operation of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon8

Q500 4K, and Yuneec Tornado H920 UAS within visual line of sight, at or below 4 00 feet AGL,

will ensure a level of safety equivalent to Section 91.121.

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

entitled Fuel requirements for flight in VFR conditions

. AERIAL OPTIC submits that safety will not be affected by opera tion of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typh oon Q500 4K, and Yuneec Tornado UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duratio n

. Battery power indicators are also able to show exactly how much battery power is left, as well as

how much time is needed to retu rn safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, AERIAL OPTIC provides the following information i n support of its petition for exemption:

A. Name And Address Of The Petitioner.

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

Matthew Poole Boykin

Chief Executive Officer

AERIAL OPTIC 4092 TPC Parkway Apt 1032

San Antonio TX 78261

407

- 9 78

- 3350 AerialOptic7@gmail.com

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

1. The AERIAL OPTIC Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot pri vileges and limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part:9 (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 fo r 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 incide ntal to that business or employment; and

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

2. AERIAL OPTIC Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subs ection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. The AERIAL OPTIC 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;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

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

4. The AERIAL OPTIC Seeks Exemption From The Require ments 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 weathe r 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. The AERIAL OPTIC Seeks Exemption From The Requirement Of Section 91.405(a).10

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 para graph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. The AERIAL OPTIC Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintena nce, 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. The AERIAL OPTIC 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:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--
(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person aut horized 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. AERIAL OPTIC Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.4 17, 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 paragrap h (b) of this section:

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

records of the 100

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

--11 (i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The sign ature, 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 stat us of life

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

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection 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 includi ng, 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 t his chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

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

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

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

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a 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.12

C. The Extent Of Relief A ERIAL OPTIC Seeks And The Reason AERIAL OPTIC Seeks

The Relief.

1. Extent Of Relief AERIAL OPTIC Seeks And The Reason AERIAL OPTIC Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and li mitations: Pilot in

command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed 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 only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, AERIAL OPTIC submits that an equival ent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS unless that PIC has met certain flight

- hour and currency requirements, demon strating that the PIC is able to safely operate either the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, an d
Yuneec Tornado H920 UAS in a manner consistent with the operations specifications as described in this exemption, including ev asive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, AERIAL OPTIC submits that all flights of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H 920 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec T ornado H920 UAS , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to AERIAL OPTIC ’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief AERIAL OPTIC Seeks And The Reason AERIAL OPTIC Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow AERIAL OPTIC to determine that the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e.,

AERIAL OPTIC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 Instruction

Manual s ).13

AERIAL OPTIC seeks the requested relief because the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado UAS do not require an ai rworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, AERIAL OPTIC will

ensure that the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and
Yuneec Tornado H920 UAS are in airworthy condition based upon its c ompliance with the operating documents (i.e., Monthly Maintenance Log s , and DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado H920 ) prior to every flight, and further, determine that the aircraft are in condition for saf e flight, as stated in the conditions and

limitations below.

3. Extent Of Relief AERIAL OPTIC Seeks And The Reason AERIAL OPTIC Seeks Relief

From Section 91.121.

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

ope rations of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typ hoon Q 500 4K, and
Yuneec Tornado H920 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from t he UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), AERIAL OPTIC seeks the requested relief because the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado H920 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limit ed altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained sinc e the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920

UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically 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 the GCS.

4. Extent Of Relief AERIAL OPTIC Seeks And The Reason AERIAL OPTIC 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 r equired to allow flights of the battery powered DJI Phantom 3 Professional, DJI Insp ire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rule s (VFR), for a

total duration be tween 15

- 23 minutes. AERIAL OPTIC seeks the requested relief because

without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado14

H920 UAS will severely constrain the practicality of any aerial video or still photo flight operations that AERIAL OPTIC proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS

, operating documents, and AERIAL OPTIC ’s proposed operating limitations, ensure that AERIAL OPTIC will safely operate the battery powered DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado H920 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly

.

5. Extent Of Relief AERIAL OPTIC Seeks And The Reason AER IAL OPTIC 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, AERIAL O PTIC requests relief from these Sections

because the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec
Tornado H920 UAS do not require airworthiness certificates. As set forth more fully below, the

DJ I Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado

H920 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness

certificat e. Accordingly, AERIAL OPTIC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the AERIAL OPTIC Aerial Operat ions Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 Instruction Manual). Furthermore, AERIAL

OPTIC will document and maintain all maintenance records for the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yunee c Tornado H920 UAS

.

D. The Reasons Why Granting AERIAL OPTIC Request Would Be In The Public I nterest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing AERIAL OPTIC to safely, efficiently, and economically perform aerial video and photography of construction sites,

real estate, events and civic landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K,
and Yuneec Tornado H920 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of AERIAL OPTIC ’s proposed operation of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and
Yuneec Tornado H920 UAS will be realized without implicating any privacy issues.15

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

The DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado

H920 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By red ucing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado H920

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 aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography miss ions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS, instead of manned aircraft, will greatly

ben efit 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 motors, the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and

Yuneec Tornado H920 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviati on fuel. The DJI Phantom 3 Professiona l, DJI Inspire 1, Yuneec Typh oon Q500 4K, and Yuneec Tornado H920 UAS , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered

electric m otors, rather than an internal combustion engine.

By using the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec
Tornado H920 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the g round, 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 DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS (weighing between approximately

2 .8 pounds and 11 pounds at their maximum gross weight with diagonal dimension between 23.2

inches and 36 inches with no fuel on board), has less physical potential fo r collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).16

3. Performing Aerial Video and Photography Operations With The DJI Phan tom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS Will Benefit The Economy.

In addition to being safe and efficient, th e DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Torn ado H920 UAS will

allow United States based companies, like AERIAL OPTIC , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviati on 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 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS is one such technology that not only allows companies greater operational flexibility comp ared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and
Yuneec Tornado H920 UAS, companies such as AERIAL OPTIC , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through comme rcial use of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K , and Yuneec Tornado H920 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to

invest i n research and development in order to remain competitive both in the United States and

abroad.

4. There Are No Privacy Issues.

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

AERIAL OPTIC ’s proposed oper ation of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and

Yuneec Tornado H920 UAS will be operated only in compliance with operating documents (i.e.,

AERIA L OPTIC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional, DJI Inspire 1, Yunee c Typh oon Q500 4K, and Yuneec Tornado H920 Instruction

Manual s ) which requires property owner involvement as well as local law enforcement

notifi cation, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which AERIAL OPTIC Seeks Exemption.17

1. Reasons Why The DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UA S Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, AERIAL OPTIC ’s operation of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec H920 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness c ertification 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 sy stem 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 t o 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 authorization, or airworthiness certification under section 44704 of title 49, United States Code, is requi red 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

syst em, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, AERIAL OPTIC submits that the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920

UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations.18

a. The Specific ations Of The DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado

H920 UAS do es not c reate 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 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS

. The technical specifications of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H9 20 UAS are set forth by the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 Use r Manual s , att ached hereto as Appendix A

.

ii. The DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and

Yuneec Tornado H920 UAS Global Positioning Modes Enable The UAS To Remain Within A Defined Operational A rea.

The DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado

H920 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJI Phan tom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS is provided in the User Manual s

att ached hereto as Appendix A

.

iii. The DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typh oon Q500 4K, and

Yuneec Tornado H920 UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS do es not reacquire control link data from the GCS, the

UAS will assume tha t the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsaf e Functions of the DJI Phantom 3 Professional, DJI Inspi re 1, Yuneec Typh oon Q500 4K, and Yuneec Tornado H920 UAS are set forth in the User
Manual s , attached hereto as Appendix A

.

iv. The DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and

Yuneec Tornado H920 GCS And Its Operation.

A complete descri ption of the operation and specifications of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 GCS and flight control software is provided in the User Manual s

. The DJI Phantom 3 Profes sional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 User Manual s is att ached hereto as Appendix A

.19

b. Flight Operations Of DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

AERIAL OPTIC video production sta ff will be the only person s to act as a pilot in command (PIC) of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec
Tornado H920 UAS . Additionally, a safety observer will assist him at all times during flight

time.

c. Fligh ts Of DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and

Yuneec Tornado UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, AERIAL OPTIC proposes to commercially operate DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations

.

1. Operations auth orized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 Unmanned Aircraft Systems. Proposed operations 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 v ideo and photography.

3. The UA S may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating doc uments unless a special request is made and approved by ATC. All altitudes reported to ATC must be

in feet AGL.

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

- issued airman medical

certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC 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. The20 PIC must ensure that the SO can perform the functions prescribed in the operating

documents.

8. The SO must not perform any other dutie s beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible d uring 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

limitat ions 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 respon sibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s 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 that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the air craft 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 b e properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The P IC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant

section s 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 ke eping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the21 aircraft records, including total time in service, description of work accomplishe d, 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 correcti ve action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third

class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distance s 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). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption.

Howev er, training 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). If

f light at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not

authorized.

20. The UA may not operate within 5 nautical miles of an airport refe rence point as

denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of

agreeme nt 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 eve nt of unpredicted obstacles or emergencies in accordance with the operating documents.22 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to

the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. T his COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements

in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identificatio n (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communic ations Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating.

The se documents must be made available to the Administrator or any law enforcement official upon request.

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

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

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

a . Barriers or structures are present that 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 protection 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 str uctures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential pers ons do not present an undue hazard to those persons per § 91.119(a).23 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission

from land owner/c ontroller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

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

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

AERIAL OPTIC 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 Professional, DJI Inspire 1, Yuneec Typh oon Q500 4K, and Yuneec Tornado H920 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Considering AERIAL OPTIC ’s proposed a rea 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 op erate the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q5 00 4K, and
Yuneec Tornado H920 UAS, AERIAL OPTIC submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skill s necessary for AERIAL OPTIC ’s specific proposed flight operations.

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.

11 062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

AERIAL OPTIC will not allow any PIC to operate the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado H920 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS training and currency requirements, that the PIC is a ble to safely operate the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people , vessels, vehicles and structures.24

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 (with a minimum of 5 hours of those hours as a UAS pilot operati ng 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 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, an d 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during AERIAL OPTIC ’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), t he 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 r ather 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 hour requirements, the PIC must accomplish 3 takeoff s 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 petitioner ’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted unde r the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance
with 14 C.F.R 91.119.

Exemption No. 11138 at pag e 15.

Accordingly, AERIAL OPTIC will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado

H920 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.25

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, AERIAL OPTIC will ensure that the DJI Phantom 3 Professional , DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS is in an airworthy condition based upon the UAS’s compli ance 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 here in (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

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

altitude information of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with AERIAL

OPTIC ’s operation of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K,
and Yuneec Tornado H920 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 installe d onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material re spects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.1 51(b) Would Not Adversely Affect Safety.

A grant of this exemption 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 DJI Phant om 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec Tornado H920 UAS ; (2) the limitations on the pr oposed flight operations; and (3) the location of the proposed flight operations. Accordingly, AERIAL OPTIC will ensure that it will safely operate the battery powered DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec26

Tornado H9 20 UAS during daylight hours in VFR conditions, with enough battery power to fly

for a total duration

. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Torna do H920 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

ensured as the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and
Yuneec Tornado H920 UAS 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 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS will descend and land auto matically.

Significantly, 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 granted 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 all materia l respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From T he 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, AERIAL OPTIC submits that the equivalent level of safety with regard to the regulatory maintenanc e 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

AERIAL OPTIC will use trained technicians to perform maintenance, alterations, or preventive

maintenance on the UA S using the methods, techniques, and practices prescribed in the operating documents (i.e., AERIAL OPTIC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec
Tornado H920 Instruction Manual s ). Furthermore, AERIAL OPTIC will document and maintain

all main tenance records for the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS.

Since the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q 500 4K, and Yuneec
Tornado H920 UAS will be inspected as prescribed by the operating documents, AERIAL

OPTIC will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 User Manuals are attached hereto as Appendix A27

Likewise, the exemption sought will not adversely affect safety because AERIAL OPTIC will use trained technicians to perform maintenance, 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 sa fety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, pr evious exemptions granted by the FAA 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 characteristics and operating limitations of the UAS are conside red.

In consideration of AERIAL OPTIC ’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS

, AERIAL OPTIC submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Secti ons 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to 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).

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

, AERIAL OPTIC requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typh oon Q500 4K, and Yuneec Tornado H920 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 §§ 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 p ermit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a

ha zard 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 with any requirements that must be established for the sa fe operation of the UAS in

the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or app ropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following:28

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or app ropriate 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

condit ions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typh oon Q500 4K, and Yuneec Tornado H920 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).

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

Rules From Which AERIAL OPTIC Seeks Exemption:

AERIAL OPTIC 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 AERIAL OPTIC Seeks:

This exemption will permit AERIAL OPTIC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and p hotography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support
AERIAL OPTIC ’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 UAS may operate safely in the NAS. As such, AERIAL OPTIC ’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 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.29

As discussed in detail above, AERIAL OPTIC will operate the DJI Phantom 3 Professional, DJI

I nspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 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

, AERIAL OPTIC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and
Yuneec Tornado H920 UAS commercially, without an airworthiness certificate, for the li mited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also adva ncing the interests of the public, by allowing AERIAL OPTIC to safely, efficiently, and economically operate the DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS commercially within the NAS.

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

Modernization and Re form Act of 2012, Section 333, AERIAL OPTIC respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), and 91.417(a) & (b), and permit A erial Optic to operate the DJI Phantom 3 Pr ofessional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec Tornado H920 UAS commercially for the purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, civil la ndscapes and events as a service to the public/business interests, assist Law Enforcement and/or Military in Search & Rescue and Emergency Services in

coordination with local authorities over certain areas of the United States

.

Dated: February 1 9 , 2016

Respectfully submitted,

Matthew P oole Boykin

Chief Executive Officer

AERIAL OPTIC 4092 TPC Parkway Apt 1032 San Antonio, TX 78261
407

- 978

- 3350 AerialOptic7@gmail.com30

Appendices :

A

– Link to DJI Phantom 3 Professional, DJI Inspire 1, Yuneec Typhoon Q500 4K, and Yuneec
Tornado H920 Manual: Click on link below

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

http:/ /download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

http://download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

https://www.yuneec.com/download/manuals/TORN ADO

- H920

- User

- Manual

- A5

- (NO

- SONY7)

- 20151019.pdf