1

January 15th, 2016

Attn: U. S. Department of T ransportation Docket O perations

West Bui lding Ground Floor, Room w 12-140
1200 New Jersey Ave, SE Washington, DC 20590

RE: POV Drones REQUEST A

N E XEMPTION F ROM T HE RE QUIREMENTS O F TITLE 14 OF T HE CO DE
OF F EDERAL RE GULATIONS
SECT I ONS 61.113(a ) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a ) & (b) CONCERNING CO MMERCIAL O PERATION O F DJ I Phantom
3 UNMANNED A IRCRAFT S YSTEMS PURSUANT T O S ECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Joe Gannon Owner: POV Drones PO Box 490 460 Burritt Road Hinesburg, VT 054612 TABLE OF CONTENTS

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

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

. .....4

I N TRODUCTION AND INTERESTS OF PETITIONER....................................................4

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

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

BAS I S FOR PETITION .........................................................................................................5

NAME AND ADDRESS OF PETI T I O NER.........................................................................6 Page

THE SPEC IFIC SECTIONS OF 14 C.F.R. FROM WHICH POV Drones SEEKS

EX EMPT I ON.......................................

. ....................................................................7

THE EXTENT OF RELIEF POV Drones SEEKS AND THE REASON ASPIRING

DRONE S EEKS THE R ELIEF..............................................................10

THE REASONS WHY GRANTING POV Drones REQUEST WOU LD BE IN THE

PUBLIC INTEREST ............................................................................................12

THE REASONS WHY GRANTING THE EXEMPTION TO POV Drones WOU LD

NOT ADVE RSE L Y AFFECT SAFETY.........................................

. ....................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REG I STER... ................25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT ASPIRING DRONE’S R EQUEST..................................................25

CONC L USION...........................................................................................................

. .........25

APPEND I CES......................................................................................... 263 GLOSSARY OF ABBREVIATIONS

AG L Above Ground Level

AO I Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

A V Aerial Vehicle

CFR Code of Federal Regulations

COA C ertificate of Authorization

FA A Federal Aviation Administration

FA R Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning S y stem
LOL Loss of Link

NA S National Airspace S y stem
NOTAM Notice to Airman

P I C Pilot I n Command

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

S O Safety Observer

SOP Standa rd Operating Procedur e s U A Unmanned Aircraft

UA S Unmanned Aircraft S y stem
VF R Visual Flight Rules

VLOS Visual L ine of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

POV Drones 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 Syst em (D JI Phantom 3) pursuant to
Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit POV Drones to operat e an Unmanne d Aircraf t Syst e m (UAS )

fo r th e commercia l purpos e of conducting aerial video and photography of construction sites, residential and commercial real estate, civil landscapes and events over certain areas of

the United States. Also through petitioners involvement with fire-fighting and EMS as an EMS Captain of the Hinesburg Fire Department, to develop and deploy fire-fighting surveillance and Search and Rescue techniques.

INTRODUCTION AND INTERESTS OF THE PETITIONER

POV Drones will be providing clients with photography and videography of properties for the purpose of advertising and site development. The objective of POV Drones is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Construction Sites

• Golf Courses

• Real Estate

• Special Events

• Private Events

• Search and

Rescue

• Fire fighting BACKGROUND

Unmanned Aircraft Sy stems: DJI Phantom 3, UAS

POV Drones seeks an exemption to operate DJI Phantom 3 sys tem f o r compensation or hire

wit hin the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned

Aircraft (UA ) with a Ground Control Station (GCS ) utilizing electronic tablet or smart phone systems. The DJ I Phantom 3 has a maximum gros s weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximu m speed of approximately 16.4’fps and a

maximu m fl y in g height of 400 '. The DJI Phantom 3 is equipped with four main rotors; driven by L ithiu m Pol y me r batter y powered electric motors5 BASIS FOR PETITION

Petitioner, POV Drones

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

C.F.R. § 11.61) and th e FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems

, here by petitions the Administrator to commercially operate the DJI Phantom 3, UA S 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 th e speed, weight, size, and limited operating area associated with the

unmanned aircraft and it s operation, POV Drone’s operation of DJI Phantom 3

UA S meets the conditio n s o f FMR A Sectio n 3 3 3 and therefore

, wil l no t requir e a n airworthiness

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

Accordingly, POV Drones requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2)

, an d 91

. 41 7( a ) & (b)

, a s thes e section s se t f ort h requirements

for maintenance that only apply to aircraft with an airworthiness certificate.

POV Drones submits that the requested relief is proper since an equivalent level of saf e ty
will be ensured. POV Drones will use experienced personnel or technicians 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 DJ I Phantom 3 Instruction Manual). Furthermore, POV Drones will document and maintain all

maintenance records for the DJI Phantom 3 UAS.

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

and limitations: Pilot in command

, is requested by POV Drones to the extent necessary to
allo w a Pilo t in C omman d (P IC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who ha s demonstrated, by meeting minimum flight- hour and

currenc y re q u irements

, tha t th e PIC is abl e to safel y operat e th e DJ I Phan to m UA S in a manner

consistent with this exemption, including evasive and emergenc y maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

POV Drones seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

, becaus e the

DJ I Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, POV Drones submits that the y will ensure th a t the DJI Phantom 3 UA S is

in an airworthy condition, prior to every flight, by determining tha t the UA S are in compliance with the operating documents (i.e., Monthl y Maintenanc e Log , and DJI Phantom 3

Instruction Man u al)

, an d tha t th e aircraft are in a condition for safe flight.6

POV Drones also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings

, as the DJI Phantom 3 UA S will not hav e a typical barometric

altimeter onboard. However, altitude information of the DJI Phantom 3 UA S will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Aspiring Drone’s operation of the DJI

Phantom 3 UAS within visual line of sight, at or below 400 fee t AGL, will ensure a level

of s afe ty equivalent to Section 91.121.

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

. POV Drones submits that

saf ety wi l l not be affected by operation of the DJI Phantom 3 UA S during da ylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enoug h batter y power to f

l y for a total duration of approximately 23 minute s. Ba tter y power indicators are

also able to show exactl y how much batter y po we r is left, as well as ho w much time is needed to return safely back to point of takeoff.

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

Joe Gannon, Owner

.

POV Drones, PO Box 490. 460 Burritt Road, Hinesburg VT 0546

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

1. POV Drones Seeks Exemption Fro m The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part:

(a ) No person who hold s a private pilot certificate ma y a ct as a pilot in command (P IC) of an aircraft that is car rying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot ma y, 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; and7

2. POV Drones Seeks Exemption Fro m The Requirements Of Section 91.7(a).

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

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

3. POV Drones 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 ma y be, by reference to an altimeter that is set, when operating

--
(1) Below 18,000 fee t MS L, to

--
(i) The current reported altimeter setting of a station alon g 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.8

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

Section 91.151, entitle d Fuel r equirements f or f light i n VFR c onditions , subsection

(b), states t he f

ollowing:

(b) No person may begi n 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 norma l cruising speed, to fl y after that for at least 20 minutes.

5. POV Drones Seek s Exemption From The Requirement Of Se ction 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a)

, states th e 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 inspect ions, except as provided in paragraph (c) of thi s section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. POV Drones Seeks Exemption Fro m The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation afte r maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following:

(a ) No person ma y operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

--
(1) It has be en approved for return to service by a person authorized unde r § 43.7 of this chapter[.]

7. POV Drones 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 ma y 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 ha s 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.9

8. POV Drones Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

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

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

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

records of th e 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for eac h 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 completion of the work performed; and

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

for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, eac h engine

, each propeller, and

each rotor.

(ii) The current status of lif e- limited parts of each airframe, engine, propeller, rotor, and applianc e.

(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 th e aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, fo r each, the method of compliance, the AD or safety

directive number and re vision date. If the AD or safe ty directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 4 3.9(d ) of this chapter for each major alteration to th e airframe and currently installed engines, rotors, propellers, and appliances.10 (b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of thi s section shall be retained until

the work is repeated or superseded by other wor k or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of thi s 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 ar e repaired and the aircraft is approved for return to service.

C. The Extent Of Relief POV Drones Seeks And The Reason POV Drones Seeks The

Relief.

1. Extent Of Relief POV Drones Seek s And The Reason POV Drones Seeks Relief From Section 61.113(a) And (b).

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

, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who ha s met certain flight-hour and currency requirement s , to conduc t th e pr op ose d UA S f lig h t op eration s f

o r compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot ma y, for compensation or hire, act as PIC of an aircraft in connection with any

business or emplo yment if: (1) The flight is only incidental to that business or emplo yment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, POV Drones submits that an equivalent level of saf e ty will be

maintained becaus e no PIC will be allowed to operate the DJ I Phantom 3 UAS unless that PIC

h a s me t certain flight-hour and currency requirements, demonstrating tha t the PIC is able to
safe ly operate either the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as

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

Further, POV Drones submit s that all flights of th e DJI Phantom 3 UAS , conducted by the PIC
pursuant to the grant of this Petition: (1) will be incidental to POV Drone’s business; and (2) will not carry passengers or property for compensation or hire.11

2. Extent Of Relief POV Drones Seek s And The Reason POV Drones Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a ) entitled Civil aircraft airworthiness , is requested to the ext ent required to allow POV Drones to determine that the DJI Phantom 3 UAS are in airworthy condition prior to ever y flight by ensuring that the UAS is in compliance with the operating documents (i.e., POV Drone’s Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual).

POV Drones seeks the requested relief because the DJI Phanto m 3 UA S do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, POV

Drones will ensure tha t the DJ I Phantom 3 UA S ar e in airworthy condition based upon it s compliance with the operating documents (i.e., Monthl y Maintenance Log, and DJI Phantom 3) prior to ever

y flight, and further, determine tha t the aircraft are in condition for safe flight, as

stated in the conditions and limitations below.

3. Extent Of Relief POV Drones Seeks And The Reason POV Drones Seeks Relief From

Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, ma y 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 U A to the PI C at the gr oun d control st atio n (GCS). Since the FA A requires that any

altitude information concerning UAS operations be reported to air traffic control (ATC) in feet

above groun d level (AGL), POV Drones seeks the requested relief because the DJI Phantom 3

UA’s altimet er ma y be set on the groun d to zer o 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 th e exten t n ecessar y to comp ly wit h th e applicabl e condition s an d limitation s state d below

. As

more f ull y set forth herein, an equivalent level of safe t y will be maintained since the DJI

Phantom 3 UA S ar e equipped with a barometric pressure sensor and GP S equipment, which automatically ensures tha t 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 d ispla y of the GCS.

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

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required t o allow flights of the batter y powered DJI Phantom 3 UAS during da ylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. POV Drones seeks the requested relief because

without an exemption from Section 91.151(b), the flight time duration of the12

b atter y po w ered DJI Phantom 3 UA S will severel y constrain the practicality of any aerial video

or still photo flight operations that POV Drones proposes to conduct pursuant to this Petition.

Significantly, as set f

ort h below, the technical specifications of the DJI Phantom 3 UA S, the DJI Phantom 3 operating documents, and Aspiring Drone’s proposed operating limitations, ensure

that POV Drones will saf ely operate the batter y powered DJI Phantom 3 UA S during

d a ylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 23 minutes.

5. Extent Of Relief POV Drones Seeks And The Reason POV Drones Seek s Relief Fro m 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, POV Drones requests relief from these Sections

because the DJI Phantom 3 UA S do not require airworthiness certificates. As set forth more fully below, th e DJI Phantom 3 UA S meet the conditions of FMRA Section 333 for operation

without an airworthiness certificate. Accordingly, POV Drones will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UA S using the methods, techniques, and practices prescribed in the UA S operating documents (i.e., POV Drones Aerial Operations Manual, Monthl y Maintenance Log, and DJ I Phantom 3 Instruction Manual). Furthermore, POV Drones will document and maintain all maintenance records for the DJI

Phantom 3 U AS

.

D. The Reasons W hy Granting POV Drones Request Would Be In The

Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting th e present Petition will further the public interest by allowing POV Drones to
saf el y, efficiently, and economicall y perform aerial video and photography of construction sites, real estate, events and civic landscape over certain areas of the United States.

Additionally, u s e of th e DJI Phantom 3 UA S will decrease congestion of th e NAS, reduce pollution, and provide significant benefits to the economy. Notably, th e benefits of POV Drone’s proposed operation of th e DJ I Phantom 3 UA S wil l be realized without implicating any privacy issues.

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

The DJI Phantom 3 UA S ar e batter y powered and serve as a safe, efficient, and economical

alternative to th e manned aircraft traditionally uti lize d to obtain aerial i mag er y. By reducing the13

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing th e use of a DJI Phantom 3 UA S would reduc e th e amount of manned aircraft in th e NAS, 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 manne d aircraft operating in the NAS, congestion

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3

UA S do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fe wer aircraft that must be

h andle d by a ir traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The P ublic W ill Be nefit From The S afety And Effi ciency Of The D JI Phantom 3 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatl y benefit the public by drastically reducing the levels of air and nois e pollution generated during traditional aerial video and still photograph y flight operations. By using batter y po wer and electric motors, the DJ I Phantom 3 UA S produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, si x cylinder int erna l combustion engine

aircraft that ar e typically utilized for aerial video and photography, while burning approximately 20-30 gallons pe r hour of leaded aviation fuel. The DJI Phantom 3 UA S, while reducin g the

carbon footprint of aerial acquisitions, a lso eliminates noise pollution, as th e UA S are propelled by b atter y powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 UA S to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UA S (weighing approximately 2.8 pounds at their maximu m gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), ha s less physical potential for collateral damage to life and
propert y on the ground, and in the air, compared to the manned aircraft tha t ty picall y conduct

similar operations (weighing approximately 6 ,00 0 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial V ideo and P hotography Operations W ith Th e D JI P hantom 3 UAS

Will Be nefit The Ec onomy.

In addition to being saf e and efficient, th e DJ I Phantom 3 UA S are also an economical

alternative to using manned aircraft to conduct similar aerial operations. As such, operation of

the DJ I Phantom 3 UA S will allo w United States based companies, like POV Drones , to

r emai n competitiv e an d contribut e to growt h of th e U.S

. econom y. Specifically, with the rising

cost of aviation fuel and the Environmental Protection Agenc y (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating th e batter y powered DJI
Phantom 3 UA S is o n e such technology t ha t not on l y allows companies greater operational14

flexibili t y compared to manned aircraft, bu t provides such flexibilit y without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as POV Drones

, can remain competitive and profitable, and therefore, provide gr eate r job stabilit y to emplo yee s and

contractors, which will ultimatel y contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of th e DJI Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax

revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

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

POV Drone’s proposed operation of th e DJI Phantom 3 UA S will not implicate an y pri v ac y issues. Specifically, the DJ I Phantom 3 UA S will be operated onl y in compliance with operating documents (i.e., th e POV Drones Aerial Operations Manual, Monthl y Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including th e minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or

Ho w The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which POV Drones Seeks Exemption.

1. Reasons Why Th e DJI Phanto m 3 U AS Mee t The Conditions Of Th e FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of th e size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Aspiring Drone’s operation o f the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in

acc ordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authorit y for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the

p u blic , or otherwise p o s e a threa t to nationa l securit y. Specifically, FMRA Sectio n 33 3 state s the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, an d not later than 180 days afte r the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.15 (b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), the Secretary shall determine, at a minimum

--
(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United Sta tes Code, is required for th e operation of unmanned aircraft systems identified under paragraph (1).

(c

) Requirements for Safe Operation.--If the Secretary determines under thi s section that certain unmanned aircraft systems may operate safely in th e natio na l airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, POV Drones submits that the DJI Phantom 3 UAS ca n operate
safel y in th e NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of

th e DJI Phantom 3 UA S; (b) th e pilot certification requirement; and (c) the specific operating

limitations.

a. The S pecifications O f The D JI P hantom 3 UAS Demonstrate I ts S afe C haracteristics.

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise

pose a t hreat t o national s ecurity considering its s ize, weight, speed, and operational c apability.

i. Technical S pecifications O f The D JI P hantom 3 UA S.

The technical specifications of the DJ I Phantom 3 UA S ar e set forth by the DJI Phantom 3 Us er Manual, attached hereto as A ppendi x A.

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 UAS ma y 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 11 of the DJI Phantom 3 User Manual attached hereto as Appendix A.

iii. 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 DJ I Phantom 3 UA S will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phanto m 3 UA S does not reacquire control link data from the GCS, the UA S 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 shutdown.16

A complete description of the Failsa f e Functions of the DJ I Phantom 3 UAS are se t forth at pages 12 through 14 of the D J I Phantom 3 User Manual, attached hereto as Appendix A.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJ I Phantom 3 GCS and f light control software is provided at page s 23 through 29 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto as Appendix A.

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A

Certificated Pilot in Command With A Safety Observer.

POV Drone’s Owner, Joe Gannon

, will be the only perso n to act as a pilot in command (P IC)

of the DJ I Phantom 3 UA S. Addit ionall y, a safet y observer will assist him at all times during flight time. Joe Gannon is the holder of a US Commercial Pilot's License with Instrument and Multi-Engine endorsements.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating

Limitations.

In seeking this exemption, POV Drones proposes to commercially op erat e DJI Phantom 3

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 authorized by this grant of exemption will be limited to th e following

aircraft described in the operating documents, rotorcraft UA S weighing les s than 55 pounds maximum g r os s weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of an y other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations u n d e r this exemption will be limite d to conducting operations for the purpose of aerial video and photography

.

3. The UAS ma y not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must b e in feet AGL.

5. The UA S must be operated within visual line of sight (VL OS ) of th e PIC at all

times. This requires the PIC to be able to use huma n vision unaided by any de vice

other than corrective lenses, as specified on the PIC’s FAA-issued airman medical

certificate.

6. The use of first p erso n view (F PV) by the PIC or safe ty observer (SO) is not permitted.17 7. All operations must utilize a safety observer (SO). The SO ma y b e used to satisfy

the VLOS requirement a s long as th e P I C a lwa y s maintain s VLOS capabilit y

. T h e SO
and P I C must b e able to communi cat e verbal l y a t all times. Electronic messaging or texting is not permitted during flight operations. The P I C must be designated before the flight and cannot transfer his o r her designation for th e duration o f th e flight. The

P I C must ensure that th e SO c an perform the functions prescribed in the operating

documents.

8

. Th e S O mus t no t perfor m an y othe r dutie s beyon d assistin g th e P I C wit h seein g and avoiding other air traffic and other ground base d 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 and made available to th e Administrator upon request. I f a discrepancy e xist s between the conditions and limitations contained in th e grant of exemption and the procedures outlined i n the operating documents, the conditions and

limitations contained in th e grant of exemption take precedence and mus t b e followed. Otherwise, th e operator must follow the procedures as outlined in it s operating documents. The operator ma y update or revise its operating documents. I t is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also presen t updated

and revised documents if i t petitions for e x tension or amendment to th e grant of exemption. I f the operator determines that a n y 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 (AF S

- 80)

ma y be contacted if questions arise regarding updates or revisions to th e operating

documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition

for safe flight. I f the inspection reveals a condition that affects th e safe operation of

the UAS, the aircraft is prohibited from operating until the necessary maintenance has

been performed and the UAS i s foun d t o b e i n a conditio n fo r saf e flight

. The Ground

Control Station must b e included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. An y UAS that has undergone maintenance or alterations that affect the UAS operation or flight ch a racteristics, e.g. replacement of a flight critical component,

must underg o a functional test flight. The P I C wh o conducts the functional test flight must make an entry in the aircraft records.

12. The pr e

- flight inspection must account for a ll potential discrepancies, e.g. inoperable components, items, or equipment, no t alrea d y covered in the relevant sections of the operating documents.

13. The operator mus t follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.18 14. The operator must car r y out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of r eplacement/overhaul component p a rts must be note d in the

aircraft records, including total time i n service, description o f work accomplished, and the signature of the authorized person returning the UAS to service.

15. Eac h UA S operated under this exemption must compl y with all manufacturer Safety Bulletins.

16. The authorized person must make an entr y in the aircraft record o f the corrective action taken against discrepancies discovered between inspections.

17

. Th e P I C must possess at least a private pilot certificate and at least a c urrent third

class medical certificate.

18. The operator ma y not permit a n y P I C to operate unless the PI C meets the operator’s qualification criteria and demonstrates the abilit y to safe l y operate the

UA S i n a manne r consisten t wit h ho w th e UA S wil l b e operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C qualification flight hours must be logged in a manner consistent with 1 4 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s P I Cs are permitted under th e terms o f th e exemption. However, training operations ma y on l y b e conducted during dedicated training sessions. During training, proficienc y , an d experienc e

- building flights, all persons not
essential for flight operations ar e considered nonparticipants, and th e P I C must operate the U A with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as def ine d i n 1 4 C.F.R

. § 1.1.

All operations must be conducte d under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FA A office closest to proposed area of operations. Flights under special visual fli gh t rules (SVFR) ar e not
authorized.

20. The U A ma y not operate within 5 nautical miles of a n 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 the operation is conducted in

accordance with a NOTAM as required b y t he operator’s COA

. The letter of
agreement with the airport management must be made available to the Administrator
upon request.

21. The U A ma y not b e operated less than 500 fee t below o r less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the P I C.

22. I f th e U A loses communications or loses its GPS signal, i t must return to a pr e

determined location withi n the planned operating area and land o r b e recovered in accordance with the operating documents.19 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The P I C is prohibited from beginning a flight unless (co nsidering wind and

forecast weather conditions) there is enoug h power to fl y a t 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 Authorizatio n (COA ) prio r t o conductin g an y operation s unde r th e gran t of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, bu t 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 m ust be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification ( N

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

27. Before conducting operations, the radio frequency spectrum used for operation

and control o f th e U A must compl y with th e 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 b e available

to the P I C at th e Groun d Control Station of the UA S a n y time th e UAS is operating.

These documents must be made available t o the Administrator or an y law enforcement official upon request.

29. The U A must remain clear and y i el d the right o f wa y to all manned aviation operations and activities at all times.

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

31. Flight operations must be conducted a t least 500 fee t from all nonparticipating

persons (persons other than the P I C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures ar e present that sufficiently protect nonparticipating

persons from the U A and/or debris in the event of an accident. The operator

must ensure that nonparticipating persons remain under such protection. I f 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 nea r vessels, vehicles or structures where the

owner/controller o f such vessels, vehicles o r structures ha s granted permission

and the P I C has made a safety a ssessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;20 c. Operations nearer to the PIC, SO, operator trainees or essential person s 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 w ith 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. An y incident, accident, or flight operation tha t transgresses the lateral or vertical boundaries of the operational area as defined by th e applicabl e CO A mus t be reported

to the FAA's UAS Integration Office (AF S- 80 ) within 24 hours. Accidents must be reported to the National Transportation Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Ex emption Fro m The Requirements O f Section 61.113(a) And (b) Would Not Adversely Affect Safety.

POV Drones submits that the equivalent level of safe ty established by Section 61.113(a) and (b) wil l b e maintaine d becaus e n o PI C wil l b e allowe d t o op erat e th e DJ I Phantom

3 UA S unless that PI C has demonstrated, b y meeting minimum flight- hour and currency

r eq uirements, that th e PIC is able to safe l y operate th e DJ I 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 POV Drone’s proposed area of operations, and the operating limitations set forthabove; 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 saf e ly operate th e DJI Phantom 3 UAS

, POV Drones submits that the additional manned airmanship experience of a commercially certificated pilot would n o t correlate to th e airmanship skills necessary for POV Drones 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.

1 1 062

, 1 1 0 6 3

, 1 1064

, 1 1 06 5 , 11 06 6

, 11 06 7

, 11080

, 11 10 9

, 11110

, 11 11 2

, 11 13 6

, 11138

, 11 15 0, 11153, 11156, 11158, 11159, 11160, 11161).

POV Drones will not allow an y PIC to operate th e DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirem ent s or the DJI Phantom 3 UAS training and currency requirements, that the PI C is able to safely operate the DJI Phantom 3

UAS in a manner consistent with this ex emption, including evasive and emergency maneuvers and maintaining appropriate distances f rom 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 those21

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 landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safe ty during POV Drone’s proposed operations. The Administrator has held that prior documented flight experience tha t was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FA A required tha t prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CF R 61.51(b), 25 hours of tota l time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot wit h a multi-rotor

UAS. Prior to operations under Exemption No. 11062, the PIC mus t also have accumulated and logged a minimum of 5 hours as a UA S pilot operating the same make

and model of UAS to be used for operations under th e exemption. For clarification, the

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e.

5 hour s mak e an d mode l tim e ma y be include d in th e 10 hour s of mult i-rotor time and t he

10 hours ma y be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in th e preceding 90

da ys (for currenc y purposes). The FAA finds that at a minimum, the flight-ho ur 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 FA A also finds that prior documented flight experience tha t was obtained in compli anc e with applicable regulations would satisf y this requirement. Training, proficiency, and experience-building flights ca n also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, POV Drones wil l ensur e saf e operation s by no t allowin g any PIC to operate the

DJI Phantom 3 UAS unless that PIC ha s demonstrated, by meeting minimum flight-hour and currency requirements, that th e PIC is able to safel y operate the DJI Phantom 3

UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate di stances f rom pe ople, vessels, vehicles a nd structures.

3. Reasons Why An Exemption Fro m The Requirements Of Section 91.7(a) Would Not

Adversel y Affec t Safety.22

The equivalent level of safe ty established by Sec tio n 91.7(a) will be maintained because prior to

ever y flight, POV Drones wil l ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compli anc e with its operating documents and as stated in

the conditions and limitations herein.

Additionally, the FA A ha s previously granted relief from Section 91.7(a) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11062

, 1 1 0 6 3

, 1 1064

, 1 1 065

, 11066

, 11067

, 11080

, 11109

, 11 110

, 11112

, 11136

, 11138

, 11 150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

The equivalent level of safe t y established by Section 91.121 will be maintained because the

altitude information of th e DJI Phantom 3 UA S will be provided to th e PIC vi a GPS equipment

and a radio communications telemetry d ata link , which downlinks from th e UA to th e GCS for

active monitoring of th e flight path and altitude. This altitude information, combined with Aspiring Drone ’ s operation of the DJI Phantom 3 UA S within visual line of sight, at or below

500 f ee t AGL, will ensure a lev el of safet y equivalent to Section 91.121. The altitude

information will be generated by GPS equipment installed onboard th e aircraft. Prior to each flight, a zero altitude initiation point is automatically established by th e UA S at ground level.

The FA A has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063,

11064

, 11065

, 11066

, 11067

, 11080

, 11109

, 11112

, 11136

, 11 138

, 11150

, 11153

, 11156

, 11 157, 11158, 11159, 11160, 11161).

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

A grant of this exemption would ensure an equivalent level of safe t y established by 14 C.F.R.

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UA S; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, POV Drones wil l ensur e tha t it wil l saf ely operat e the b atter y powered DJI Phantom 3 UA S during da yl i ght hours in VFR conditions, with enough batter y power to fly for a total duration of 23 minutes.

Here

, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 3 UA S; the

lim itations on the proposed flight operations; and the location of the proposed operations, will

ensure an equivalent leve l of safe t y established by 14 C.F.R. Section 91.151(b). Furthermore,

safe ty will be ensured as the DJ I Phanto m 3 UA S provide audible and visual warnings to th e PIC

at the GCS when the UA S experiences low batter y voltage, the first warning occurring at approximately 33% remaining batter y power, and again at approximately 1 0 % remaining battery23

power. At the critically low batter y level, the DJI Phantom 3 UAS wil l descend and land automatically.

Significantl y, previous exemptions grante d by the FAA concerning Section 91.151 establish that

safe ty is not adversely affected when the technical characteristics and operating limitations of the

UAS ar e considered. Relief has been granted for manned aircr af t to operate at less than the

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA ha s previously granted relief from Section 91.151 specific to UAS, in

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

6. Reasons Why An Exemption From The Requirem e nts 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, POV Drones submits that th e equivalent level of safe ty with regar d to the regulatory maintenance and alteration requirements established b y Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a ) & (b ) wil l be me t because POV Drones

will use trained technicians to perform maintenance, alterations, or preventive maintenance on

the UA S using th e methods, techniques, and practices prescribed in the operating documents (i.e., the POV Drones Aerial Operations Manual, Monthl y Maintenance Log , and DJI Phantom 3 Instruction Manual). Furthermore, POV Drones will do cume nt and maintain all

maintenance records for the DJ I Phantom 3 U AS.

Since the DJI Phantom 3 UA S will be inspected as prescribed by the operating documents,

POV Drones will maintain the equivalent level of safe ty established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of th e DJ I Phantom 3 User Manuals are
attached hereto as Appendix A and B; a co py of the DJ I Phantom 3 UA S Maintenance LOG is
attached hereto as Appendix C.

Likewise, th e exemption sought will not adversel y af fect safe ty because POV Drones will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by th e operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safe ty established by

Sections 91.407, 9 1.417(a ) and 91.417(b), because all maintenance of the DJ I Phantom 3 UAS

will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions grante d by the FAA concerni ng Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safe t y is not adversely

affecte d whe n the technical characteristics a nd operati ng limitations of the UAS are considered.24

In consideration of POV Drone’s proposed operating limitations, the operating documents, and

th e technical aspects of th e DJI Phantom 3 UA S, POV Drones submits that safety wil l no t be

adversel y af

fecte d by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2)

, 91.409(a)(2), and 91.417(a) and (b). The FA A ha s previously granted relief specific t o UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemptio n 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 FA A Modernization and Reform Act of 2012 (FMRA)

and 14 C.F.R. § 21.16 entitled Special Conditions, POV Drones requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UA S, which

contain such safety standards that the Administrator finds necessary to establish a level of safe ty equivalent to that established b y 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). Suc h special conditions will permit safe operation o f th e UA S for the limited purpose of conducting aerial video and photograph y over certain areas of the United States for compensation o r hire. FMRA Section 333 set s forth the requirements for considering whether a UA S wil l creat e a hazar d t o user s o f th e NA S o r th e public

, o r otherwis e pos e a threa t t o national security ; a nd f

urther, provides the authorit y fo r such UAS t o operate without airworthiness

certification in accordance with an y r equirements that must be established for the saf e operation

of the UAS in the NAS.

Likewise, the Administrator ma y prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation o f the DJ I Phantom 3 UAS

, since the airworthiness regulations of 14

C.F.R. Part 21 d o n o t contain adequate or appropriate safe t y standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special C onditions, states the following:

If the FA A finds that th e airworthiness regulations of this subchapter do not contain adequate or appropriate safe ty standards for an aircraft, aircraft engine, or propeller

becaus e of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for th e product. The special

conditions ar e issued in accordance with Part 11 of this chapter and contain such safe ty
standards for th e aircraft, aircraft en gin e or propeller as the FA A 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 FA A may prescribe special condi tion s for Leadin g Edge’s intended operation of the DJ I Phantom 3 UA S, which contain such safety standards that the Administrator finds necessary to establish a level of

safe ty equivalent to that established by 14 C.F.R . Part 21, Subpart H, and 14 C.F.R Se c tions25 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 Ca n Be Published I n The Federal Register, stating: The

Rules From Which POV Drones Seeks Exemption:

POV Drones 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 Th e Nature Of Th e Exemption POV Drones Seeks:

This exemption wil l permit POV Drones to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

• Any Additional Information, V i ews, Or Arguments Available To Support Aspiring Drone’s Request.

This P etition is m ade purs uant t o the F AA M odernization and Reform A ct of 2012 (FMRA)

Section 333, which directs th e Secretary of Transportation to determine if certain UAS

ma y operate safel y in th e NAS. As such, Aspiri ng Drone’s request for exempti on ma y be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth

above.

FMRA Section 333 set s forth the requirements for considering whether a UAS will create a hazard to users of the NA S or the public, or otherwise pose a threat to national security; a nd further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, POV Drones will operate the DJ I Phantom 3

UA S safe ly in th e NAS , without creating a hazard to users of th e NAS , or the public, or otherwise pos e a t hreat t o national s ecurit y

.

CONCLUSION

As set forth herein, POV Drones seeks an exemption pursuant to 14 C.F.R. §

11.61 a nd Section 333 of the FA A Modernization a nd Reform Act of 20 1 2 (FMRA ), whic h will permit saf

e operation of the DJ I Phantom 3 UA S commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photogra phy over certain areas

of the United States. B y granting this Petition, the FA A 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 POV Drones to saf e ly

, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.WHEREFORE

, in accordance with th e Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, POV Drones respectfully
requests that th e Administrator gran t 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 UA S commerciall y for the purpose o f conducting aerial video and photograph y over certain areas of the United States.

Dated: January 15th, 2016

Respectfully submitted,

Joe Gannon , Owner. POV Drones. PO Box 490. 460 Burritt Road, Hinesburg VT 05461

Dji Phantom 3 User Manual.

Click on link below

h ttp://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.0_en.pdf27