U NITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION

ADMINISTRATION WASHINGTON, DC

Regulatory Docket No.

_

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

DANIEL W. MILLS JR.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMEN TS OF TITLE 14 OF

THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l)

&(a)(2), AND 91.417(a) &(b) CONCERNING COMMERCIAL OPERATION OF DJI

PHANTOM 2 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

( PUBLIC LAW 112

- 95)

Submitted on July 12, 2015

Daniel W. Mills Jr.

13515 Lake Barkley Ln

Houston

, TX 77044

713

- 392

- 7741

danmillsphotography.com2 TABLE OF CONTENTS

Pa g e

GLOSSARY OF ABB REVIATIONS

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

SUMMARY

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

INIRODUCTION AND INTERESTS OF PETITIONER

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

BACKGROUND

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

BASIS FOR PETITION

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

NAME AND ADDRESS OF PETITIONER

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DANIEL W.

MILLS JR. SEEKS EXEMPTION

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

THE EXTENT OF RELIEF Daniel W. Mills Jr

. SEEKS AND THE

REASON DANIEL W. MILLS JR. SEEKS THE RELIEF

......... 1 2

THE REASONS WHY GRANTING DANIEL W. MILLS JR.’s REQUEST

WOULD BE IN THE PUBLIC INTEREST

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY

................................ ................................ ............... 19

SUMMARY THAT CAN BE PUBLISH ED IN THE FEDERAL REGISTER

............. 34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT DANIEL W. MILLS JR.

REQUEST.........................................................................34

CONCLUSION

................................ ................................ ................................ .................. 35

APPENDICES

................................ ................................ ................................ ..................... 373 GLOSSARY OFABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positi oning System

LOL Loss of Link

NAS National Airspace System

NATAM Notice to Airman

PIC Pilot in Command

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

SO Safety Observer

SOP Standard Operating Procedure

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

Daniel W. Mills Jr. seeks exemption from the requirements of 14C.F.R§§

61.113(a) & (b), 9 1.7(a), 91.121, 91.lSl ( b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)

(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section

333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will

permit Daniel W. Mi lls Jr. to operate an Unmanned Aircraft System (UAS) for the

commercial purpose of conducting aerial video and photography of construction sites,

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

INTRODUCTION AND INTERESTS OF THE PETITIO NER

Daniel W. Mills Jr. provides his clients with expertise and knowledge in

advanced technologies and solutions to increase efficiency , productivity and

effectiveness. Daniel W. Mills Jr. has over 10 years of professional experience in project

management

, Information Systems compliance, and Business Continuity/Disaster

Recovery. He has over 7 years recreational/hobby experience in all aspects of

photography and 2 years of aerial videography and UAS flight operations . The objective

of Daniel W. Mills Jr.’ s aerial video and photography operations is to provide high

quality imaging for a variety of commercial, public, and residential uses, specifically

targeting:



### • Construction sites before and after



### • Appraisals



### • Real

- estate marketing



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



### • Aerial Mapping5 BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 UAS

Daniel W. Mills Jr. seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 2 ’s are ve rtical takeoff and landing (VTOL)

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet,

laptop or smart phone systems. The DJI Phantom 2 has a maximum gross weight of

approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches,

height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 2 UAs

are equipped with four main rotors; driven by Lithium Polymer battery powered electric

motors.

The DJI Phantom 2 UA S that will be ope rated by Daniel W. Mills Jr. 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 14C.F.R. Part 45, Identification

and Registration Marking.

BAS IS FOR PETITION

Petitioner, Daniel W. Mills Jr. , 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 2 UAS in the

National Airspace System (NAS), and for an exemption from the6 Requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91. lSl(b), 91.405(a),

91.407(a)(l), 91.409 (a)(l) & (a)(2), and 91.417(a) & (b).

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

the unmanned aircraft and its operation, Daniel W. Mills Jr. ’s operation of DJI Phantom 2

UAS meets the conditions of FMRA Sectio n 333 and therefore, will not require an

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

Accordingly, Daniel W. Mills Jr. requests relief from Sections 91.405(a),

91.407(a)(l), 91.409(a)(l ) & (a)(2), and 91.417(a) & (b), as these sections set forth

requirements for maintenance that only apply to aircraft with an airworthiness

certificate.

Daniel W. Mills Jr. submits that the requested relief is proper since an

equivalent level of safety will be ensured. Daniel W. Mills Jr. 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 DJI Phantom 2

Instruc tion Manual). Furthermore, Daniel W. Mills Jr. will document and ma intain

all maintenance records for the DJI Phantom 2 UAS.

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

pilot privileges and limitations: Pilot in command, is requested by Daniel W. Mills Jr. to

the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher

level certificate, as well as an airman medical certificate, and who has demonstrated, by

meeting minimum flight

- hour and curr ency requirements, that the PIC is able to safely

operate the DJI Phantom 2 UAS in a manner consistent with this7 exemption, including evasive and emergency maneuvers and maintaining appropriate distances

from people, vessels, vehicles and structures.

Daniel W. Mills Jr. seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,

because the DJI Phantom 2 UAS do not require an airworthiness certificate in accordance with 14

C.F .R. Part 21, Subpart H. As such, Daniel W. Mills Jr. submits t hat he will ensure that the DJI

Phantom 2 UAS is in an airworthy condition, prior to every flight, by determining that the UAS

are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom

2 Instruction Manual), and that th e aircraft are in a condition for safe flight.

Daniel W. Mills Jr. also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the DJI Phantom 2 UAs will not have a typical barometric

altimeter onboard. However, altitud e information of the DJI Phantom 2 UAs will be provided to

the PIC via Global Positioning System (GPS) equipment and radio communications telemetry

data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This

altitude inf ormation, combined with Daniel W. Mills Jr. 's operation of the DJI Phantom 2 UAS

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to

Section 91.121.

Additionally, Daniel W. Mills Jr. seeks an exemption from th e requirements of

Section 91.15l(b), entitled Fuel requirements for flight in VFR conditions. Daniel W. Mills

Jr. submits that safety will not be affected by operation of the DJI Phantom 2 UAS ’ during

day light hours in visual meteorological conditions (VM C)8 under visual flight rules (VFR), with enough battery power to fly for a total duration of

approximately 13.5 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 4.5 minutes.

In accordance w ith 14 C.F.R. § 11.81, Daniel W. Mills Jr. 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:

Danie l W. Mills Jr.

13515 Lake B arkley Ln

, Houston, TX 77044

713

- 392

- 7741

Email:

danmills@danmillsphotography.com



### B. The Specific Sections Of 14 C.F.R. From Which Daniel W. Mills Jr.

Seeks Exemption.



### 1. Daniel W. Mills Jr. Seeks Exemption From The Requirements Of

Section 61.113(a) And (b).

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

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



### (a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of an aircraft that is carrying passengers or property for compensation or

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.



### (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if

-



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



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



### 2. Daniel W. Mills Jr. Seeks Exemption From The Requirements Of

Section 91.7(a).9 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. Daniel W. Mills Jr. Seeks Exemption From The Requirements Of Se ction

91.121. Section 91.121, entitled Altimeter settings, subsection(a), states the following, in

part:



### (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of

that aircraft, as the case may be, by reference to an altimet er that is set, when operating

--



### (1) Below 18,000 feet MSL, to

--



### (i) The current reported altimeter setting of a station along the route and within

100nautical miles of t he aircraft;



### (ii) If there is no station within the area prescribed in paragraph (a)(l)(i) of th is

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. Daniel W. Mills Jr. Seeks Exemption From The Requirements Of

Section 91.151(b).

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

(b),states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions u nless

(considering wind and forecast weather conditions) there is enough fuel to fly to

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

that for at least 20 minutes.



### 5. Daniel W. Mills Jr. Seeks Exemption From The Requirement Of

Section 91.405(a).10 Section 91.405, entitled Maintenance required, subsection (a), states the following:

Each owner or operator of an aircraft

-

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall

bet ween required inspections, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter [.]



### 6. Daniel W. Mills Jr. Seeks Exemption From The Requirements Of

Section 91.407(a)(l)

Section 91.407, ent itled Operation after maintenance, preventive maintenance, rebuilding, or

alteration, subsection (a)(l), states the following:



### (a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless

--



### (1) It has been approved for return to service by a person authorized under §

43.7 of this chapter [ .]



### 7. Daniel W. Mills Jr. Seeks Exemption From The Requirements Of

Sections 91.409(a)(l) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), st ates the following:



### (a) Except as provided in paragraph (c) of this section, no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had

--



### (1) An annual inspection in accordance with part 43 of this chapter and has been

approve d for return to service by a person authorized by § 43.7 of this chapter;

or



### (2) An inspection for the issuance of an airworthiness certificate in accordance

with part 21 of this chapter.



### 8. Daniel W. Mills Jr. 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:11 

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

of the 100

- hour, annual, progressive, and other required or approved

inspections, as appropriate, for each aircraft (inc luding 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 perfor med; 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 t he 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 ea ch, the method of compliance, the AD or safety

directive number and revision date. If the AD or safety directive involves

recurring action, the time and date when the next action is required.



### (vi) Copies of the forms prescribed by § 43.9(d) of this 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)( l) of this section s hall be retained until

the work is repeated or superseded by other work or for 1 year after the work is

performed.12 

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

and transferred with the aircraft at the time the aircraft is s old.

(3) A list of defects furnished to a registered owner or operator under § 43.11

of this chapter shall be retained until the defects are repaired and the

aircraft is approved for return to service.



### C. The Extent Of Relief Daniel W. Mills Jr. Seeks And T he Reason Daniel W. Mills Jr. Seeks

The Relief.



### 1. Extent Of Relief Daniel W. Mills Jr. Seeks And The Reason Daniel

W. Mills Jr. Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitat ions:

Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or

higher level certificate, as well as a current and valid airman medical certificate, and who has

met certain flight

- hour and currency requirements, to co nduct the proposed UAS flight

operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state

that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with

any business or employment if: (1) The flight is only incidental to that business or employment;

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

As set forth more fully below, Daniel W. Mills Jr. submits that an equival ent level of

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS

unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the

PIC is able to safely operate either the DJI Phantom 2 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.13 Further, Daniel W. Mills Jr. s ubmits that all flights of the DJI Phantom 2 UAS,

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Daniel W.

Mills Jr. 's business; and (2) will not carry passengers or property for compensation or hire.



### 2. Extent Of Reli ef Daniel W. Mills Jr. Seeks And The Reason Daniel

W. Mills Jr. Seeks Relief From Section 91.7(a).

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

required to allow Daniel W. Mills Jr. to determine that the DJ I Phantom 2 UAS are in airworthy

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

documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual).

Daniel W. Mills Jr. seek s the requested relief because the DJI Phantom 2 UAS do not

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

Daniel W. Mills Jr. will ensure that the DJI Phantom 2 UAS’s are in airworthy condition based

upon its compliance wi th the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2 Instruction Manual) prior to every flight, and further, determine that the aircraft are in

condition for safe flight , as stated in the conditions and

Limitations Of Relief Danie l W. Mills Jr. Seeks And The Reason Daniel W. Mills Jr. Seeks

Relief From Section 91.121.

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

allow flight operations of the DJI Phantom 2 UAS, which utilize a barometric pressure

sen sor, GPS equipment, and a radio communications telemetry data link to downlink

altitude information from the UA to the PIC at the ground control station14 (GCS). Since the FAA requires that any altitude information concerning UAS operations be

reported to a ir traffic control (ATC) in feet above ground level (AGL), Daniel W. Mills Jr.

seeks the requested relief because the DJI Phantom 2 UA's altimeter may be set on the ground

to zero feet AGL, rather than the local barometric pressure or field altitude, befor e 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 lev el of safety will be maintained since

the DJI Phantom 2 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 wi th altitude information of the UA on the heads

- up display

of the GCS.



### 4. Extent Of Relief Daniel W. Mills Jr. Seeks And The Reason Daniel

W. Mills Jr. Seeks Relief From Section 91.lSl(b).

Relief from S ection 91.15l(b) entitled Fuel requirements for flight in VFR

conditions, is requested to the extent required to allow flights of the battery powered DJI

Phantom 2 UAs during daylight hours in visual meteorological c onditions (VMC),

under visual flight rules (VFR), for a total duration of 13.5 minutes to the fi rst point of

intende d landing and, assuming normal cru ising speed, to fly after that for at least 4.5

minutes. Daniel W. Mills Jr. seeks the requested relief because without an exemption

from Section 91.151(b), the flight time duration of the battery power ed DJI Phantom 2

UAs will severely constrain the practicality of any aerial video or still photo flight

operations that Daniel W. Mills Jr. proposes to conduct pursuant to this Petition.15 Significantly, as set forth below, the technical specifications of t he DJI Phantom

2 UAS, the DJI Phantom 2 operating documents , and Daniel W. Mills Jr. 's proposed

operating limitations, ensure that Daniel W. Mills Jr. will safely operate the battery

powered DJI Phantom 2 UAs during daylight hours in visual meteorological conditions

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

duration of 13.5 minutes to the first point of intended landing and, assuming normal

cruising sp eed, to fly after that for at least 4.5 minutes.



### 5. Extent Of Rel ief Daniel W. Mills Jr. Seeks And The Reason Daniel

W. Mills Jr. Seeks Relief From Sections 91.405(a), 91.407(a)(l),

91.409(a)(l) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) &

(b) only appl y to aircraft with an airworthiness certificate

, Daniel W. Mills Jr. requests

relief from these Sections because the DJI Phantom 2 UAS do not require airworthiness

certificates. As set forth more fully below, the DJI Phantom 2 UAS meet the conditions

of F MRA Section 333 for operation without an airworthiness certificate . Accordingly

,

Daniel W. Mills Jr. to perform maintenance

, alterations, or preventive maintenance on

the UAS using the methods, techniques, and practices prescribed in the UAS operating

docu ments (i.e., the Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual).

Furthermore, Daniel W. Mills Jr. will document and maintain all maintenance records for

the DJI Phantom 2 UAS’s.



### D. The Reasons Why Granting Daniel W. Mills Jr. Request Would Be In

TheInterest; That Is, How It Would Benefit The Public As A Whole.16 Granting the present Petition will further the public interest by allowing Daniel W.

Mills Jr. to safely, efficiently, and economically perform aerial video and photography of

constructi on sites, real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 2 UAS’s will decrease congestion of the

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

benefits of Dani el W. Mills Jr. 's proposed operation of the DJI Phantom 2 UAS will be

realized without implicating any privacy issues.



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

The DJI Phantom 2 UAs are battery powered and serve as a safe, efficient, and

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

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

exemption allowing the use of a DJI Phantom 2 UAS would reduce the amoun t of manned

aircraft in the 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 manned aircraft operating in the NAS,

congestion around airports cause d by arriving and departing aircraft will be reduced.

The DJI Phantom 2 UAS’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 fewer aircraft that must b e handled by air traffic control during the ground,

takeoff , departure , arrival , and landing phases of flight operations.



### 2. The Public Will Benefit From The Safety And Efficiency Of The DJI

Phantom 2 UAS.17 Conducting aerial acquisitions with the DJI Phantom 2 UAS, instead of manned

aircraft, will greatly benefit the public by drastically reducing the levels of air and noise

pollution generated during tradi tional aerial video and still photography flight operations.

By using battery power and electric motors, the DJI Phantom 2 UAS produce no air

pollution , and is the most viable environmentally conscious alternative to the cabin class,

six cylinder internal combustion engine aircraft that are typically utilized for aerial video

and photography , while burning a pproximately 20

- 30 gallons per hour of leaded aviation

fuel. The DJI Phantom 2 UAs, while reducing the carbon footprint of aerial acquisitions,

also eliminates noise pollution, as the UAs are propelled by battery powered electric

motors, rather than an in ternal combustion engine

.

By using the DJI Phantom 2 UAS 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 substan tially reduced or completely eliminated. Aside

from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 UAs

(weighing approximately 2 pounds 11 ounces respectively, at their maximum gross weight

with a length of 16 inches respec tively and a width of 16 inches respectively, and with no fuel

on board), has less physical potential for collateral damage to life and property on the ground,

and in the air, compared to the manned aircraft that typically conduct similar operations

(weigh ing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of

34 feet, and a fuel capacity of 180 gallons).18 

### 3. Performing Aerial Video and Photography Operations With The DJI

Phantom 2 UAS Will Benefit The Economy.

In addition to bei ng safe and efficient, the DJI Phantom 2 UAS are also an

economical alternative to using manned aircraft to conduct similar aerial operations. As

such, operation of the DJI Phantom 2 UAS will allow United States based companies

,

like Daniel W. Mills Jr. ’s , to remain competitive and contribute to growth of the U.S.

eco nomy. Specifically, with the rising cost of aviation fuel and the Environmental

Protection Agency ("EPA") regulatory actions , p hasing out leaded aviation fuels, U.S.

owned and operated compa nies must adopt new and alternative technology in order to

remain competitive. Operating the battery powered DJI Phantom 2 UAS is one such

technology that not only allows companies greater operational flexibility compared to

manned aircraft, but provides s uch flexibility without the high operational cost of a

traditional manned aircraft.

By operating the DJI Phantom 2 UAS’s, companies such as Daniel W. Mills

Jr. ’s, can remain competitive and profitable, and therefore, provide greater job stability

to employ ees and contractors, which will ultimately contribute to growth of the U.S.

economy. Improved financial performance of U.S. companies, through commercial use

of the DJI Phantom 2 UAS, provides a stable workforce that increases consumer

spending; improves l ocal, 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, Daniel W. Mills Jr. 's proposed operation of the DJI Phantom 2

UAS will not implicate any privacy issues. Specifically, the DJI Phantom 2 UAS will be

operated only in compliance with operating documents (i.e., the Mont hly Maintenance19 Log, and DJI Phantom 2 Instruction Manual ), which requires property owner

involvement as well as local law enforcement notification, and in accordance with the

Federal Aviation Regulations, including the minimum altitude requirements of 14

C.F.R. § 91.119.



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

Or How The Exemption Would Provide A Level Of Safety At Least Equal To

That Provided By The Rule From Which Daniel W. Mills Jr. Seeks Exemption.



### 1. Reasons Why The DJI Phantom 2 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, Daniel W. Mills Jr. ope ration of the DJI Phantom 2

UAS meet the conditions of FMRA Section 333, and will not require an airworthiness

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

Section 333 provides authority for a UAS to operate without airworthiness

certificat ion 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.

-- Notwithstandin g 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 i f certain unmanned aircraft systems may operate

safely in the national airspace system before c ompletion of the plan and

rulemaking required by section 332 of this Act or the guidance required by section

334 of this Act.20 

### (b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under

subsection (a), the Secretary shall determine, at a m inimum

--



### (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 nation al airspace system or the public or pose a threat to

national security; and



### (2) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, United States

Code, is required for the operation of unmanned aircraft systems identified

under paragraph (1).



### (c) Requirements for Safe Operation.

-- lf the Secretary determines under this section

that certain unmanned aircraft systems may operate safely in the national airspace

system, the Secretary shall esta blish requirements for the safe operation of such

aircraft systems in the national airspace system.

In seeking this exemption, Daniel W. Mills Jr. submits that the DJI Phantom 2 UAS’s

can operate safely in the NAS pursuant to FMRA Section 333, as demonstr ated by: (a) the

characteristics of the DJI Phantom 2 UAS; (b) the pilot certification requirement; and (c) the

specific operating limitations.



### a. The Specifications Of The DJI Phantom 2 UAS Demonstrate Its Safe

Characteristics.

The DJI Phantom 2 UAS do 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.



### i. Technical Specifications Of The DJI Phantom 2 UAS.

The DJI Phantom 2 Specifications and Dat a Sheet, attached hereto as Exhibit A, set

the technical specifications of the DJI Phantom 2 UAS forth

.21 ii The DJI Phantom 2 UAS Autonomous Flight And Navigation Modes

Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 2 UAS may be operated in both manual and fully autonomous flight

modes. A complete description of the flight and navigational modes of the DJI Phantom 2

UAS is provided at pages 17 of the DJI Phantom 2 User Manuals, attached hereto as Exhibit

B

.

iii. The DJI Phantom 2UAS 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 2 UAS’s will remain stationary,

in flight , for 3 seconds or more. If, after 3 seconds, t he DJI Phantom 2 U AS’s do not

reacquire control link data from the GCS, the UAs will assume that the Control Link is

lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will

de scend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are set

forth at pages 2 5 through 2 6 DJI Phantom 2 User Manuals, attached hereto as Exhibit B

.

iv. The DJI Phantom 2 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2

GCS and flight control software is provided at pages 3 1 through 34 of the DJI Phantom 2

User Manu al. DJI Phantom 2 User Manuals are attached hereto as Exhibits B.22 

### b. Flight Operations Of DJI Phantom 2 UAS Are Limited To T he Line Of

Sight Of A Certificated Pilot in Command With A Safety Observer.

Daniel W. Mills Jr. will only utilize certificated pilots who possess a current and

valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2

UAS. A dditionally, a safety observer will assist all pilots during flight time.



### c. Flights Of DJI Phantom 2 UAS Will Be Conducted Pursuant To

Specific Operating Limitations.

In seeking this exemption, Daniel W. Mills Jr. proposes to commercially operate

DJI Phanto m 2 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 the following

airc raft described in the operating documents, rotorcraft UAS weighing less than 55

pounds maximum gross weight: DJI Phantom 2 Unmanned Aircraft Systems.

Proposed operations of any other aircraft will require a new petition or a petition to

amend this grant.



### 2. UAS operations under this exemption will be limited to conducting operations for

the purpose of aerial video and photography.



### 3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.



### 4. The UA must be operated at an altitude of no more than 500 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’s must be operated within visual line o f 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.23 

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

permitted.



### 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the

VLOS requirement as long as the PIC always maintains VLOS capability. The SO

and PIC must be able to communicate verbally at a ll times. Electronic messaging or

texting is not permitted during flight operations. The PIC must be designated before

the flight and cannot transfer his or her designation for the duration of the flight. The

PIC must ensure that the SO can perform the Fun ctions 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 in struments.



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

operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limit ations 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 i f it petitions for extension or amendment to the grant of

exemption. If the operator determines that any update or revision would affect the

basis upon which the FAA granted the exemption, then the operator must petition for

amendment to its grant of exemp tion. The FAA's UAS Integration Office (AFS

- 80)

may be contacted if questions arise regarding updates or revisions to the operating

documents.



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

condition for safe flight. If the in spection reveals a condition that affects the safe

operation of the UAS, the aircraft is prohibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition for

safe flight. The Ground Control Station must be included in the preflight

inspection. All maintenance and alterations must be properly documented in the

aircraft records.



### 11. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical

component, must undergo a functional test flight. The PIC who conducts the

functional test flight must make an entry in the aircraft records.



### 12. The pre

- flight inspection must account for all potential discrepancies, e.g.

inoperable comp onents, items, or equipment, not already covered in the

relevant sections of the operating documents.24 

### 13. The operator must follow the UAS manufacturer's aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.



### 14. The ope rator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance,

inspection, alterations, and status of replacement/overhaul component parts must

be noted in the aircraft records, including total time in service, description of work

accomplished, and the signature of the authorized person returning the UAS to

service.



### 15. Each UAS operated under this exemption must comply with all manufacturer

Safety Bulletins.



### 16. The authorized person m ust make an entry in the aircraft record of the corrective

action taken against discrepancies discovered between inspections.



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

third

- class medical certificate.



### 18. The operator may not permit any PIC to operate unless the PIC meets the

operator's qualification criteria and demonstrates the ability to safely operate the

UAS in a manner consistent with how the UAS will be operated under the

exemption, including evasive and emergenc y 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.Sl(b). Flights for the purposes of training the operator's PICs are p ermitted

under the terms of the exemption. However, training operations may only be

conducted during dedicated training sessions. During training, proficiency, and

experience

- building flights, all persons not essential for flight operations are

considered nonparticipants, and the PIC must operate the UA with appropriate

distance from nonparticipants in accordance with 14 C.F.R. § 91.119.



### 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

All operations must be conducted under visua l 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 visual flight rules (SVFR) are

not authorized.



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

denoted on a current FAA

- published aeronautical chart unless a letter of agreement

with that airport's management is obtained, and the operation is conduc ted in

accordance with a NOTAM as required by the op erator's COA. The letter of

agreement with the airport management must be made available to the Administrator

upon request.25 

### 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 th an 3 statute miles from the PIC.



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

determined locatio n within the planned operating area and land or be recovered in

accordance with the operating documents.



### 23. The PIC must abor t the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.



### 24. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is enough power to fly at normal cr uising

speed to the intended landing point and land the UA with 25% battery power

remaining.



### 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under the gra nt

of exemption. This COA will also r equire the operator to request a Notice to Airman

(NOTAM) not more than 72 hours in advance, but not less than 48 hou rs prior to the

operation. All operations shall be conducted in accordance with airspace

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

potential transponder requirements.



### 26. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have

i dentification (N

- Number) markings in accordance with 14 C.F.R. part 45,

Subpart C. Markings must be as large as practicable.



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

and control of the UA must comply with the Federal 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

operations and activities at all times.



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



### 31. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, SO, operator trainees or essential persons),

vessels, vehicles, and structures unless:26 

### 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 non partic ipating 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 to the PIC, SO, operator trainees or essential persons do

not pres ent 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 author ized representative will be

obtained for each flight to be conducted.



### 33. Any inc i den t

, acciden t

, o r fl i gh t ope ra tion that transg r es s es the l a t e r a l o r v e rtic a l

bound a ries of the op e r a tion a l ar ea as d e fined by the applicable COA must be

r e por t e d to the FA A 1

s U AS Integration O ffice (AFS

- 80 ) with i n 24 hou r s.

Acciden t s mus t be r e por t e d t o the N a ti ona l T r ansportation Safety Boa r d (NTSB)

per instructions con t a i ne d o n t h e NTS B We b s i te : ww w

. n t s b

. go v

.

2. Reasons Why An Exemptio n From The Requirements Of Section 61.113(a)

And (b) Would Not Adversely Affect Safety.

Daniel W. Mills Jr. 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 t he DJI

Phantom 2 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 2 UAS in a

manner consistent with the exemption, including evasive and emergency maneuve rs and

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

Cons i d erin g Daniel W. Mills Jr. ’

s p r opose d are a o f o p erat i o n s

, a nd t h e operating

limitations set f o rth

- above; the pa r a llel natu r e of p r ivat e pi l o t ae r onau t ica l knowled ge27 requirements to those of commercial pilot requirements (See Exemption No. 11062); and the

airmanship skills necessary to safely operate the DJI Phantom 2 UAS, Daniel W. Mills Jr.

submits that the additional manned airmanship experience of a commerciall y certificated

pilot would not correlate to the airmanship skills necessary for Daniel W. Mills Jr. 's specific

proposed flight operations.

The FAA has previously granted relief from Section 61.l 13(a) and (b) specific to UAS,

in circumstances similar, in a ll material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

Daniel W. Mills Jr. will not allow any PIC to operate the DJI Phantom 2 UAS unless that

PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 2

UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2

UAS in a manner consistent wi th this exemption, including evasive and emergency maneuvers

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

Specifically, the PIC must have accumulated and logged, in a manner consistent with

14 C.F.R. § 61.51(b), 25 h ours 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 t akeoffs and landings in the preceding 90 days (for currency purposes).28 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 d uring Daniel W. Mills Jr. '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 FA A required that prior to conducting operations for the

purpose of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of

total time as a UAS rotorcraft pilot includ ing 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 ope rations under the exemption. For

clarification, the FAA considers these minimum hour requirements to be inclusive

rather than additive; i.e. 5 hours make and model time may be included in the 10 hours

of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS

rotorcraft time. In addition to the 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 N o. 11062 are

appropriate to practice and build proficiency in the skills necessary to safely conduct

the petitioner's proposed operations. The FAA also finds that prior documented flight

experience that was obtained in compliance with applicable regulation s would satisfy

this requirement. 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 e xperience

- building flights the PIC is req uired to operate the

UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Daniel W. Mills Jr. will ensure safe operations by not allowing any PIC to

operate the DJI Phantom 2 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 2 UAS

in a manner consi stent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distan ces from people, vessels, vehicles and structures.29 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)

Would Not Adversely Affect Safety.

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

because prior to ever y flight, Daniel W. Mills Jr. will ensure that the DJI Phantom 2

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. Additionally, the FAA

has previously gra nted relief from Section 91.7(a) specific to UAS, in circumstances

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 1 1157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

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

because the altitude information of the DJI Phantom 2 UAs will be provided to the PIC

via GPS equipment and a radio commu nications telemetry data link, which downlinks

from the UA to the GCS for active monitoring of the flight path and altitude. This

altitude information, combined with Daniel W . Mills Jr. 's operation of the DJI Phantom 2

UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety

equivalent to Section 91.121. The altitude information will be generated by GPS

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation

point is automatically es tablished by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS

, in

c ircumstances similar, in all material respects, to those presente d herein Exemption Nos.

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).30 5. Reasons Why An Exemption From The Requirements Of Section 91.151(b)

Would Not Adversely A ffect 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 (l) the technical specifications of the DJI Phantom 2

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

flight operations. Accordingly, Daniel W. Mills Jr. will ensure that it will safely operate the

battery powered DJI Phantom 2 UAs during daylight hours in VFR conditions, with enough

battery power to fly for a total dur ation of 13.5 minutes to the first point of intended landing

and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

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

UAS; the limitations on the pro posed 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 2 UAS provide audible and visual

warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first

warning occurring at approximately 33% remaining battery power, and again at approximately

10% remaining battery power. At the critically low battery level, the DJI Phantom UAS will

descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section

91.151 establish that safety is not adverse ly affected when the technical characteristics

and operating limitations of the UAS are considered. Relief has been granted for manned

aircraft to operate at less than the minimums prescribed in Section 91.151, including

E xemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted

relief31 from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to

those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067,

11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159,

11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) Would

Not Adversely Affect Safety.

In seeking this exemption, Daniel W. Mills Jr. submits that the equivalent level of

safety with regard to the regulatory maint enance and alteration requirements established by

Sections 91.405(a), 91.407(a)(l), 91.409(a)( l) & (a)(2), and 91.417(a) & (b) will be met

because Daniel W. Mills Jr. will use trained technicians to perform maintenance, alterations,

or preventive maintena nce on the UAS using the methods, techniques, and practices

prescribed in the operating documents (i.e., the Monthly Maintenance Log, and DJI Phantom

2 Instruction Manual). Furthermore, Daniel W. Mills Jr. will document and maintain all

maintenance records for the DJI Phantom 2 UAS.

Since the DJI Phantom 2 UAS’s will be inspected as prescribed by the operating

documents, Daniel W. Mills Jr. will maintain the equivalent level of safety established by

Sections 91.405(a), 91.409(a)( l), and 91.409(a)(2). A cop y of the DJI Phantom 2 User

Manuals is attached hereto as Exhibit B ; a copy of the DJI Phantom 2 UAS Maintenance

LOG is attached hereto as Exhibit C

.

Likewise, the exemption sought will not adversely affect safety because Daniel W.

Mills Jr. will use train ed technicians to perform maintenance , alterations or preventive32 maintenance on the UAS using the methods, techniques, and practices

prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of

safety esta blished by Sections 91.407, 91.417(a) and 91.417(b), because all

maintenance of the DJI Phantom 2 UAS’s will be performed by trained technicians.

Maintenance will be documented and maintained utilizing the monthly maintenance

log.

Significantly, previous e xemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(l ), 91.409(a)(l) & (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 Daniel W. Mills Jr. 's proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 2 UAS, Daniel W.

Mills Jr. submits that safety will not be adversely affected by granting exemption from 14

C.F.R. Sections 91.405(a), 91.407(a)(l ) and (a)(2), 91.409(a) (2), and 91.417(a) and (b).

The FAA has previously granted relief specific to UAS in circum stances similar, in all

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064

,

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

11157, 11158, 11159, 11160, 11161).

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

In accordance with Section 333 of the FAA Modernization and Reform Ac t of

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Daniel W. Mills Jr.

requests that the FAA prescribe special conditions for the intended operation of the

DJI Phantom 2 UAS, which contain such safety standards that the33 Administrator find s 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.l 13(a) & (b), 91.7 (a)

, 91.121

,

91.151(b) , 91.405 (a) , 91.407 (a)(l) , 91.409 (a)(l) & (a)(2), and 91.417(a) & (b). Such

special co nditions will permit safe operation of the UAs for the limited purpose of

conducting aerial video and photography over certain areas of the United States for

compensation or hire. FMRA Section 333 sets forth the requirements for considering

whether a UAS w ill create a hazard to users of the NAS or the public, or otherwise pose a

threat to national security; and further, provides the authority for such UAS to operate

without airworthiness certification in accordance with any requirements that must be

establi shed 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 2 UAS, since the airworthiness regulations of 14

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

unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the

following:

If the FAA finds that the airworthiness regulations of this subchapter do not

contain ad equate or appropriate safety standards for an aircraft, aircraft engine,

or propeller because of a novel or unusual design feature of the aircraft, aircraft

engine or propeller, he prescribes special conditions and amendments thereto for

the produc t. 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 2

UAS, which contain such safety standards that t he34 Administrator finds necessary to establish a level of safety equivalent to that established by 14

C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.15l(b),

91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a ) & (b).



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

From Which Daniel W. Mills Jr. Seeks Exemption:

Daniel W. Mills Jr. seeks exemption from the requirements of 14 C.F.R Sections

61.113(a)&(b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) &

(a)(2}, and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Daniel W. Mills Jr. Seeks:

This exemption will permit Daniel W. Mills Jr. to commercially operate an

Unmanned Aircraft System (UAS) fo r the purpose of conducting aerial video and

photography over certain areas of the United States.



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

Daniel W. Mills Jr. '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, Daniel W. Mills Jr. 's request for exemption may be

granted pursuant to the authority of FMRA Sectio n 333 and 14 C.F.R. Part 11, as s et 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 a uthority for such UAS to operate without airworthiness certification.

As discussed in detail above, Daniel W. Mills Jr. will operate th e DJI Phantom 2 UAS’s

safely in the NAS, without creating a hazard to users of the NAS, or the public, or other wise

pose a threat to national security.35 CONCLUSION

As set forth herein, Daniel W. Mills Jr. 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 wil l permit safe operation of the D JI Phanto m 2 UAS commercially, without an

airworthiness certificate, for the limited Purpose of conducting aerial video and photography

over certain areas of the United States. By granting this Petition, the FAA Administrator will be

fulfilling the Congressional ma ndate of the FAA Modernization and Reform Act of 2012, while

also advancing the interests of the public, by allowing Daniel W. Mills Jr. to safely, efficiently,

and economically operate the DJI Phantom 2 UAS commercially within the NAS.

WHEREFORE

, in acco rdance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012

, Section 333, Daniel W. Mills Jr. respectfully requests

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

Sections 61. l 13(a) & (b), 91.7(a), 91.121, 91.15 l (b), 91.405(a), 91.407(a)(l),

91.409(a)(l) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the

D JI Phantom 2 UAS commercially for the purpose of conducting aerial video and

photography over certain areas of the United States.

Dated: July 12

, 2015

Respectfully submitted

,

Daniel W. Mills Jr.36 Daniel W. Mills Jr.

13515 Lake Barkley Ln

Houston, TX 77044

713

- 392

- 7741

Email:

danmills@danmillsphotography.com

Appendices:

A

- DJI Phantom 2 Specifications Data Sheet

B

- DJI Phantom 2 Manufacturer's User Manual

(specifications datasheet included in section 8.1 on page

35)

C

- Monthly Maintenance Log37 APPENDIX

- A

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS

Daniel W. Mills Jr. only utilizes safe and reliable UAS. DJI is an industry leader in

small UAS production. DJI UAS are loaded with ground breaking software enabling

the user to set parameters which will no t allow flight into controlled airspace.

Parameters can also be s et to limit flight to no higher than a predetermined and set

altitude as well as limit flight to a predetermined and set distance.

DJI Phantom 2

8.1 Specifications

Aircraft

Operating environment temperature

- 10 °C to 50 °C

Power consumption 5.6W

Supported Battery DJI Intelligent battery

Weight (including the battery) 1000g

Take

- off Weight ≤ 1300g

Hovering Accuracy (Ready to Fly) Vertical: 0.8m; Horizontal: 2.5m

Max Yaw Angular Velocity 200°/s

Max Tilt Angle 35°

Max A scent / Descent Speed Ascent: 6m/s; Descent: 2m/s

Max Flight Speed 15m/s (Not Recommended)

Wheelbase 350mm

2.4GHz Remote Controller

Operating Frequency 2.4GHz ISM

Communication Distance (open area) 1000m

Receiver Sensitivity (1%PER)

- 97dBm

Working Current /Voltage 120 mA@3.7V

Built

- in LiPo Battery Working Current/Capacity 3.7V, 2000mAh

DJI Intelligent Battery

Type 3S LiPo Battery

Capacity 5200mAh, 11.1V

Charging Environment Range 0 °C to 40 °C

Discharging Environment Range

- 20 °C to 50 °C38 APPENDIX

- B

DJI PHANTOM 2 USER MANUAL v1.4_en .pdf

See attachment39 APPENDIX

– C

UAS MONTHLY MAINTENANCE SHEET

UAS ITEM: Date Issues

Discovered: Action

Taken Issue

Description &

Maint enance

Conducted: Maintenance

Performed By:

(Print name and

signature)

Software Updates

Airframe

Antennas

Propellers

Camera/Gimbal

Landing Gear

Vibration/Dampening

Motors

Other: