## Petition for Exemption u nder Section 333 from certain sections of the 14 C.F.R. Chapter I

1 Summary

Obsidian, 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 (DJI Phantom 3 ) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Obsidian, Inc. to operate an Unmanned Aircraft System (UAS)
for t he commercial purpose of inspecting and documenting historic structures to safely determine if they can be renovated or if they should be demolished. The a ircraft will also be used to conduct aerial
documentation of construction project s, general real esta te inspection and generally provide safe a convenient exploratory services to local governments, contractors, surveyor, and real estate professionals

.

2 Introduction and Interests of the Petitioner

Obsidian, Inc. is a civil/structural engineering firm

. Obsi dian, Inc. inspects properties and prepares plans for the renovation or demolition of the properties. T he objective of Obsidian, Inc. is to use an u nmanned
aircraft s ystem (DJI Phantom 3 ) to provide a safer inspection process for a variety of governmental, commercial, public, and residential interests.

3 Background

Obsidian, Inc. seeks an exemption to operate for compensation or hire within the United States of
America a UAS :

Weight (Including Battery And Propellers) 1280 g
Dia gonal Size (Including Propellers) 590 mm Max Ascent Speed 5 m/s Max Descent Speed 3 m/s Hover Accuracy Vertical: +/

- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m
Horizontal: +/

- 1.5 m Max Speed 16 m/s (ATTI mode, no wind)
Max Altitude Above Sea Level 6000 m Operating Temperature 0°C to 40°C
GPS Mode GPS/GLONASS

DJI Phantom 3

, operated by Obsidian, Inc.

, will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.4 Basis for Petition

The p etitioner, Obsidian, Inc. , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI
Phantom 3 , 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 accordance with 14 C.F.R. § 11.81, Obsidian, Inc. provides the following information in support of its petition for exemption:

4.1 Name and Address of the Petitioner

Charles R. Field, P.E. Obsidian, Inc.
515 North 22 nd Street Richmond, VA 23223

4.2 Sections of 14 C.F.R. f ro m whi ch Obsidian, Inc. seeks exemption

.

4.2.1 Section 61.113 , (a) and (b) entitled “ Private pilot privileges and limitations: Pilot in command”

4.2.1.1 Relevant Section Language

(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

comp ensation or hire, act as PIC of an aircraft.

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

—

(1) The flight is only incidental to that business or employment; and

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

4.2.1.2 Extent and Reason for Relief Sought

Obsidian seeks relief from certain requirements of Section 61.113(a) and (b), entitled “ Private pilot privileges and limitations: Pilot in command ” to allow a Pilot in Command (PIC) having

• a private pilot or higher level certificate• 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 operating the same make and model of UAS to be used for operations under the exemption),

• accomplish ed 3 takeoffs and landings in the preceding 90 days (for currency purposes), and

• been trained to safely operate the UAS in a manner consistent with t his exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,
vehicles and structures

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

Further, Obsidian, Inc. submits that all f lights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Obsidian, Inc.’s business; and (2) will not carry passengers or property for compensation or hire.

4.2.2 Section 91.7, entitled “ Civil Aircraf t Airworthiness ” , subsection (a),

4.2.2.1 Relevant Section Language

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

4.2.2.2 Extent and Reason for Relief Sought

Relief from Section 91.7(a) entitled Civil Aircraft Airworthiness, is requested to the extent required to allow Obsidian, Inc. to determine that the DJI Phantom 3 UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Monthl y Maintenance Log, Appendix A

- DJI Phantom 3 User Manual).

Obsidian, Inc. seeks the requested relief because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Obsidian, Inc. will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Month ly Maintenance Log, Appendix A

- DJI Phantom 3 User Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and
limitations below.

4.2.3 Section 91.121, entitled “ Altimeter settings ”

, subsection (a)

4.2.3.1 Relevant Section Language

(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, t o

—

( 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.

4.2.3.2 Extent and Reason for Relief Sought

Relief from Secti on 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize 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). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Obsidian, Inc. seeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the 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 since the DJI Phantom 3 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.

4.2.4 Section 91.151(b) , entitled “ Fuel requiremen ts for flight in VFR conditions ” , subsection (b)

4.2.4.1 Relevant Section Language

( 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.

4.2.4.2 Extent and Reason for Relief Sought

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes. Obsidian, Inc. seeks the requested relief because the DJI Phanto m 3 cannot meet the Section 91.151(b) fuel requirements

.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and Obsidian, Inc.’s proposed operating limitations, ensure that Obsid ian, Inc. will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorologicalconditions (VMC), under visual flight rules (VFR), with enough battery power t o fly for a total duration
of 15 minutes.

4.2.5 Section 91.405(a), en titled “ Maintenance required ” , subsection (a),

4.2.5.1 Relevant Section Language

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[.]

4.2.5.1 Extent and Reason for Relief Sought

S ince Section 91.405(a), only applies to aircraft with an airworthiness certificate, Obsidian, Inc. requests
relief f rom these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Obsidi an, Inc. will use trained technicians to perfo rm preventive maintenance or alterations on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, Appendix A

- DJI Phantom

3 User Manual) . Furthermore, Obsidian, Inc. will document and maintain all maintenance records for the DJI Phantom 3 UAS.

4.2.6 Section 91.407(a)(1), entitled “ Operation after maintenance, preventive maintenance, rebuilding, or alteration ” , subsecti on (a)(1)

4.2.6.1 Relevant Section Language

(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[.]

4.2.6.2 Extent and Reas on for Relief Sought

Since Se ction 91.407(a)(1) applies to aircraft with an airworthiness certificate, Obsidian, Inc. requests relief
from these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set forth more fully below , the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Obsidian, Inc. will use trained technicians to perform preventive maintenance or alterations on the UAS using the methods, tech niques, and practices prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, Appendix A

- DJI Phantom

3 User Manual). Furthermore, Obsidian, Inc. will document and maintain all maintenance records for the DJI Phantom 3 UAS.4.2.7 Sections 91.4 09(a)(1) And 91.409(a)(2) , entitled “ Inspection s” , subse ction (a)

4.2.7.1 Relevant Section Language

(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 annu al inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an
airworthiness certificate in accordance with part 21
of this chapter.

4.2.7.2 Extent and Reason for Relief Sought

Since Se ctions 91.409(a)(1) & (a)(2) applies to aircraft with an airworthiness certificate, Obsidian, Inc. requests relief from these Sections because the DJI Phantom 3 UAS do not require airworthiness
certifica tes. As set forth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Obsidian, Inc. will use trained technicians to perform preventive maintenance or alterations on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, Appendix A

- DJI Phantom 3 User Manual). Furthermore, Obsidian, Inc. will document and maintain all maintenance
records for th e DJI Phantom 3 UAS.

4.2.8 Sections 91.417(a) And 91.417(b) , entitled “ Maintenance records ” , su bsections (a) and (b)

4.2.8.1 Relevant Section Language

(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 appropria te, for each aircraft (including 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 c ompletion of the work performed;
and(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

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

(ii) The current status of life

- limited 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 status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 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) Copi es of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

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

(1) The records specified 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 retaine d 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.4.2.8.2 Extent and Reason for Relief Sought

Sin ce Sections 91.417(a) & (b) applies to aircraft with an airworthiness certificate, Obsidian, Inc. requests
relief from these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates . As set forth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Obsidian, Inc. will use trained technicians to perform preventive maintenance or alterations on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, Appendix A

- DJI Phantom

3 User Manual). Furthermore, Obsidian, Inc. will document and maintain all maintenance records for the

D JI Phantom 3 UAS.

5 The reasons why granting Obsidian, Inc.’s request would be in the public interest and how it would benefit the public as a whole.

Granting the present Petition will further the public interest by allowing Obsidian, Inc. to safely,
efficie ntly, and economically perform structural and construction inspections.

5.1 Inspections

Aerial inspections performed by the UAS will be used to document historic structures and safely determine if they can be renovated or if they should be demolished. This se rvice will reduce the need for
lo cal government officials or other interested parties to enter the unsafe buildings, climb ladders propped against collapsing structures or attempting renovate a structure that cannot be properly inspected from the ground.

U sing UAS to conduct aerial documentation of construction projects and general real estate inspections will provide safe a convenient exploratory services to local governments, contractors, surveyor, and real estate professionals will reduce the risk of low posed by low altitude flights by traditional aircraft.

5.2 Privacy issues

The UAS will only be used over property with the owner ’s or authorized government representative ’ s permission and on their behalf so the UAS will not be flown where it can be used to vi olate anyone’s privacy.

6 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 Obsidian, Inc. seeks exemption.

The low weight, lo w altitude, limited range and low velocity, in addition to the restriction of using the UAS only over a particular property with the owner’s knowledge and consent, will reduce the danger posed by an aerial survey by traditional means.

7 Reasons why the DJI Phantom 3 UAS 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, Obsidian, Inc. ’s oper ation of the DJI Phantom 3 UAS meet the conditions ofFMRA 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 certificati on 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 a irspace 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. 15

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the

Secr etary 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 national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Cod e, 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 ai rspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Obsidian, Inc. submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant t o FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications of the DJI Phantom 3 UAS demonstrate its safe characteristics

.

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.7.1 Technical specifications of the DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 UAS are set forth by the DJI Phantom 3 User Manua l, attached hereto as Appendix A

.

7.1.1 The DJI Phantom 3 UAS global positioning modes enable the UAS to remain within a defined operational area.

The DJI Phantom 3 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages
12 of the DJI Phantom 3 User Manual attached hereto as Appendix A

.

7.1.2 The DJI Phantom 3 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 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does not reacquire control link data from the GCS, the
UAS will assume that 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 shutd own. A complete description of the Failsafe
Functions of the DJI Phantom 3 UAS are set forth at pages 1 3 through 1 5 of the DJI Phantom 3 User

Manua l, attached hereto as Appendix A

.

7.1.3 The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is provided at pages 2 4 through 33 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto as Appendix A

.

7.1.4 Flight operatio ns of DJI Phantom 3 UAS is limited to the line of sight of a qualified pilot in command with a safety observer

.

Obsidian, Inc. will use as its Pilot In Command (PIC) of the DJI Phantom 3 UAS only personnel that have met the qualifications outlined in Secti on 4.2.1 . Additionally, a safety observer will assist him at all times during flight time.

7.1.5 Flights of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Obsidian, Inc. proposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting construction and real estate inspections over certain areas of United States, pursuant to the following specific operating limitations.

1. Operations authorized by this g rant 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 Unmanned Aircraft Systems. Proposed operations of any other aircraft will requ ire a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting construction and real estate inspections

. 3. The UAS may not be flown at an indicated airspeed exceeding 5 knots.4. The UA must be operated a t an altitude of no more than 2 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

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

- issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted except for situations where the UAS is flown in the interior of empty and abandoned buildings where entry
would not be safe

. 7. All operations must utilize a safety observer (SO). The SO m ay 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 des ignated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

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

9. The operating documents and the grant of exemption must be accessible during UAS operations

an d 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 updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any u pdate 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 r evisions 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 aircraft is prohibited from op erating 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 th e 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 PIC who conducts the functional t est 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 sections of the operating
documents.13. The ope rator 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 oper ating 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

r eturning 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 have a private pilot or higher level certificate, 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 operating the same make and model of UAS to be used for operations under the exemption), accomplish ed 3 takeoffs and landings in the preceding 90 days (for currency purposes), and been trained to safely operate the UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures

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 UA S will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a 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. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building fl ights, 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, a s defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visu al 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 obtained, and th e 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 predetermined location within the planned operating area and land or be rec overed 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 for ecast 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
Autho rization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by s erial number, registered in accordance with 14 C.F.R. par t 47, and have identification ( 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 u sed 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 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. These documents must be made available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operat ions 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 essent ial 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 structures 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 t o the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

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

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area a s 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

.7.1.6 Reasons why an exemption from the requirements of Section 61.113(a) and (b) would not adversely affect safety

.

Obsidian, Inc. 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 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 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Considering Obsidian, Inc. ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI
Phantom 3 UAS, Obsidian, Inc. submi ts that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Obsidian, Inc. ’s specific proposed flight operations.

Obsidian, Inc. will not allow any PIC to operate the D JI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exempt ion, 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 (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 takeoffs and la ndings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Obsidian, Inc. ’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 prio r to conducting operations for the purpose construction and real estate inspections , 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 ro torcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to p ractice and build proficiency in theskills 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 requirem ent. Training, proficiency, and experience

- 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.

Accordingly, Obsidian, Inc. will ensure safe operations by not allowing any PIC to operate the DJI
Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency require ments, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

7.1.7 Reasons why an exe mption 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, Obsidian, Inc. will ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein.

7.1.8 Reasons why an exemption from the requirements of Section 91.121 would not adversely affect safety

.
The equivalent l evel of safety established by Section 91.121 will be maintained because the altitude
information of the DJI Phantom 3 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 f or active monitoring of the flight path and altitude. This altitude information, combined with Obsidian, Inc. ’s operation of the DJI
Phantom 3 UAS within visual line of sight, at or below 2 00 feet AGL, will ensure a level of safety equivalent to Section 91 .121. The altitude information will be generated by GPS equipment installed
onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level.

7.1.9 Reasons why an exemption from the requirements of Section 91.151(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 Phantom 3 UAS; (2) the limit ations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Obsidian,
Inc. will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 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 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, andagain at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom

3 UAS will descend and land automatically.

7.1.10 Reasons why an exemption from the requirements o f Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) would not adversely affect safety

.
In seeking this exemption, Obsidian, Inc. 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 Obsidian, Inc. will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the me thods, techniques, and practices prescribed in the operating documents (i.e., Obsidian, Inc. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Obsidian, Inc. will
document and maintain all maintenance re cords for the DJI Phantom 3 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Obsidian, Inc. will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy o f the DJI Phantom 3 User Manuals are att ached hereto as Appendix A

.

Likewise, the exemption sought will not adversely affect safety because Obsidian, Inc. will use trained technicians to perform maintenance, alterations or preventive maintenance on the UA S using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 UAS will be performed by
trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous 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 considered.

In consideration of Obsidian, Inc. ’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, Obsidian, Inc. submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.40 9(a)(2), and 91.417(a) and (b).

7.1.11 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, Obsidian, Inc. requests that the FAA prescribe special condition s for the intended operation of the DJI Phantom 3 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 permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the U nited States
for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UASwill create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority f or such 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 , for operation
of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditi ons, 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 air craft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special
conditions for Leading Edge’s intended operation of the DJI Phantom 3 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 25 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).

8 A summary that can be published in the Federal Register, stating: The Rules from Which Obsidian, Inc. Seeks Exemption:

Obsidian, Inc. 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).

9 A brief description of the nature of the exemption Obsidian, Inc. Seeks:

This exemption w ill permit Obsidian, Inc. to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting construction and real estate related inspections over certain areas of the
United States.

10 Any additional information, views, or arguments avai lable to support Obsidian, Inc. ’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, Obsidian, Inc. ’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.

As discussed in detail above, Obsidian, Inc. will operate the DJI Phantom 3 UAS safely in t he NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

11 Conclusion

As set forth herein, Obsidian, Inc. 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 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By gran ting 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 Obsidian, Inc. to safely, efficiently, and economically op erate the DJI Phantom 3 UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, The ALTEK MEDIA GROUP 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 Leading Edge to operate the DJI Phantom 3 UAS commerciall y for the purpose of conducting construction and real estate inspections over certain areas of the United States.

# Appendix A

Phantom 3 Professional User Manual