UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: PAPER PLANE PRODUCTIONS, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE

CODE OF FEDERAL REGULATIONS SECTIONS 45.23 (b), 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING

COMMERCIAL OPERATION OF THE DJI PHAN TOM 2 UNMANNED AIRCRAFT SYSTEM , AND

THE DJI INSPIRE 1 PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on January 1 5 , 201 6

PAPER PLANE PRODUCTIONS 9480 SOUTH UNION SQUARE

SUITE 204 SANDY, UT. 84070 ( 801) 946

- 05222 TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS

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

SUMMARY

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

INTRODUCTION AND INTERESTS OF PETITIONER

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

BACKGROUND

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

BAS IS FOR PETITION

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

NAME AND ADDRESS OF PETITIONER

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

THE SPECIFIC SECTIONS OF 14 C.F.R FROM

WHICH PAPER PLANE PRODUCTIONS

SEEKS RELIEF

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

THE EXTENT OF RELIEF PAPER PLANE

P RODUCTIONS SEEKS AND THE REASON

PAPER PLANE PRODUCTIONS SEEKS

THE RELIEF ...............................................................

........ 9

THE REASONS WHY GRANTING PAPER PLANE PRODUCTIONS’ REQUEST WOULD

BE IN THE PUBLIC INTEREST

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

THE REASON WHY GRANTIN G THE

EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY

......................................................... ....... . 1 4

CONCLUSION

.............................................................................. .......... 2 13 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehi cle

CFR Code of Federal Regulations

COA Certificate of Authorizations

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot in Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VOTL Vertical Takeoff and Landing

DJI UAV manufacturer

ESC Electronic Speed Control

FPV First Person View

LI

- PO Lithium Polymer Battery

RCV Radio Controlled Vehicle4 SUMMARY

Paper Plane Productions, LLC 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 A ircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). The exemption will permit Paper Plane Productions, LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and pho tography for Marketing, film sets, real estate photography, commercials, special events, wedding cinematography, marine photography, roofing inspection, and landscape imaging over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PET ITIONER

Dan Hill will handle all operation of the UAS for Paper Plane Productions. He is an Aerial RCV enthusiast with over 20 years of experience operating various types of Aerial RCV’s as well as 1 year operating quad copter UAS’s. Paper Plane Productio ns also provides customers with high quality photography and videography for a wide range of applications. Dan Hill is considered an advanced level RCV pilot who has even taught beginners how to pilot RCV’s.

The objective of Paper Plane Productions, LLC is to provide superior aerial imaging for a wide range of industries and events while promoting safe UAS operations and promoting public knowledge of UAS’s as well as providing a high level of knowledge about UAS’s.5 **BACKGROUND**

Unman ned Aircraft Systems: DJI Phantom 2 UAS Paper Plane Productions, LLC seeks an exemption to operate the DJI systems for compensation or hire within the NAS. The DJI Phantom 2 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground

Con trol Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 has a maximum gross weight of approximately 2 pounds 14 ounces, while having a length of 16 inches width of 16 inches, height

of 8 inches, and a maximum speed of appro ximately 29 knots. The DJI Phantom 2 UAS is equipped with four main rotors; driven by a Lithium Polymer battery powered electric motor.

The DJI Phantom 2 UAS that will be operated by Dan Hill of Paper Plane Productions, LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Markings.

**BASIS FOR PETITION**

Petitioner, Paper Plane Productions, LLC , pu rsuant 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

o perate the DJI Phantom 2 UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideratio n of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Paper Plane Productions, LLC’s operation of DJI Phantom 2 UAS meets the conditions of FMRA Section 333 and therefore, will not require an air worthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Paper Plane Productions, LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements f or maintenance that only apply to aircraft with an airworthiness certificate.

Paper Plane Productions, LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. Paper Plane Productions, LLC will use experienced p ersonnel 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 Manual). Furthermore, Pap er Plane Productions, LLC will document and maintain all maintenance

records for the DJI Phantom 2

.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Paper P lane Productions, LLC 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 currency requiremen ts, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.6 Paper Plane Produc tions, LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 2 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Paper Plane Productions, LLC submits that they will ensure that the DJI Phantom 2 UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual), and that the aircraft is in a condition for safe flight.

Paper Plane Productions, LLC 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.

Howev er, altitude 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 UAS to the GCS for active monitoring of the flight path. This altitude information, combined with Dan Hill of Paper Plane Productions, LLC’s operation of the DJI Phantom UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Paper Plane P roductions, LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Paper Plane Productions, LLC submits that safety will not be affected by operation of the DJI Phantom 2 UAS during dayli ght hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 15.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly afte r that for at least 4.5 minutes.

In a ccordance with 14 C.F.R. § 11.81, Pape r Plane Productions, LLC provides the following information in support of its petition for exemption:

**A. Name And Address Of The Petitioner.**

The name and address of the Petitione r and point of contact is:

DAN HILL PAPER PLANE PRODUCTIONS, LLC 9480 SOUTH UNION SQUARE

SUITE 204 SANDY, UT 84070

(801) 673

- 3987

Email: DAN@PAPERPLANEPROD.COM7 **A. The Specific Sections Of 14 C.F.R. From Which Paper Plane Productions, LLC Seeks**

**Exe mption.** 

**1. Paper Plane Productions, LLC 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 com pensation or hire.

**2. Paper Plane Productions, LLC Seeks Exemption From 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 i s in an airworthy condition.

**3. Paper Plane Productions, LLC Seeks Exemption From The Requirements Of Section 91.121.** Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-- Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

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

or

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

**4. Paper Plane Productions, LLC Seeks Exemption From The Requirements Of Section 91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following:

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

least 20 minutes.8 **5. Paper Plane Productions, LLC Seeks Exemption From The Requirement Of Section 91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

—

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

**6. Paper Plane Productions, LLC Seeks Exemption From The Requirements Of Section 91.407(a)(1)**  Section 91.407, entitled Operation after main tenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following:

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

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

**7. Paper Plane Productions, LLC Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entitled Inspections, subsection (a), states the following:

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

--

(1) An annual inspecti on in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

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

**8. Paper Plane Productions, LLC Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91. 411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

1. Records of the maintenance, preventive maintenance, and alteration and

records of the 100

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

--

(i) A description (or reference to data acceptable t o the Administrator) of the work performed; and9 (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 informat ion:

(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 ins talled on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appl iances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

3. The owner or operator shall ret ain the following records for the periods prescribed:

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

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

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

(iii) 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.

**B. The Extent Of Relief Paper Plane Productions, LLC Seeks And The Reason Paper Plane**  **Productions, LLC Seeks The Relief.**

1. Extent Of Relief Paper Plane Produc tions, LLC Seeks And The Reason Paper Plane Productions, LLC Seeks Relief From Section 61.113(a) And (b).10 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 has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or

hir e.

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 incident al 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, Paper Plane Productions, LLC submits that an equivalent level of safety will be maintained because no P IC 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 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.

Furthermore, Paper Plane Productions, LLC submits 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 Paper Plane Productions, LLC 's business; and

(2) will not carry passengers or property for compensation or hire.

**2. Extent Of Relief Paper Plane Productions, LLC Seeks And The Reason Paper Plane Productions,**  **LLC 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 Paper Plane Productions, LLC to determine that the DJI Ph antom 2 UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Paper Plane Productions, LLC ’s Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual , Pre

- Flight Checklist).

Paper Plane Productions, LLC seeks the requested relief because the DJI Phantom 2 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Paper Plane Productions, LLC will ensu re that the DJI Phantom 2 UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual) prior to every flight, and further, determine that the

aircraft is in condi tion for safe flight, as stated in the conditions and limitations below.11 **3. Extent Of Relief Paper Plane Productions, LLC Seeks And The Reason Paper Plane Productions,**

**LLC Seeks**  **Relief From Section 91.121.** 

Relief from Section 91.121, entitled Altimete r settings, may be required to allow flight operations

of the DJI Phantom 2 UAS, which utilizes a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the groun d control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Paper Plane Productions, LLC seeks the requested relief because the DJI Phant om 2 UAS’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought

to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom

2 UAS is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides

the PIC with altitude information of the UA on the heads

- up display of the GCS.

**4. Extent Of Relief Paper Plane Productions, LLC Seeks And The Reason Paper Plane Productions,**  **LLC Seeks Relief From Section 91.151(b).**

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 2 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 min utes. Paper Plane Productions, LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 UAS will severely constrain the practicality of any aerial video or still photo flight operations that Paper Plane Productions, LLC proposes to conduct pursuant to this Petition.

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

Phantom 2 UAS’s operating documents, and proposed operati ng limitations, ensure that Paper Plane Productions, LLC 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 tota l duration of 15.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

**5. Extent Of Relief Paper Plane Productions, LLC Seeks And The Reason Paper Plane Productions,**

**LLC Seeks Rel ief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).** 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Paper Plane Productions, LL C requests relief from these

Sections because the DJI Phantom 2 UAS does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificat e. Accordingly, Paper Plane Productions, LLC will12 use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Paper Plane Pr oductions, LLC Aerial Operations Manual, Monthly Maintenance Log, DJI

Phantom 2 Instruction Manual, Pre

- Flight Checklist). Furthermore, Paper Plane Productions,

LLC will document and maintain all maintenance records for the DJI Phantom 2 UAS.

**C. The Reas ons Why Granting Paper Plane Productions, LLC’s Request Would Be In The Public**  **Interest; That Is, How It Would Benefit The Public As A Whole.**

Granting the present Petition will further the public interest by allowing Paper Plane Productions,

LLC to safely

, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape, boats, and events over certain areas of the United

States.

Additionally, use of the DJI Phantom 2 UAS will decrease congestion of the N AS, reduce pollution, crashes and accidents caused by pilot error and provide significant benefits to the

economy

. Notably, the benefits of Paper Plane Productions, LLC ’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 is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of l ife and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 2 does 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 be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

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

**UAS.**

Conducting aerial acquisitions with the DJI Phantom 2 UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the leve ls of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 2 UAS produces no air pollution, and is the most viable environmentally conscious a lternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel.

The DJI Phantom 2 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS is propelled by battery powered electric motors, rather than an internal combustion engine.13 By using the DJI Phantom 2 UAS to perform aerial acquisitions, the substan tial 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 2 (weighing approximately 2 pounds 14 ounces at its maximum gross weight, with a length of 16 inches, and a width of 16 inches, 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 (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

**3. Performin g Aerial Video and Photography Operations With The DJI Phantom 2**  **UAS Will Benefit The Economy.**

In addition to being safe and efficient, the DJI Phantom 2 UAS is 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 Paper Plane Productions, LLC , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environ mental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 2 UAS is one such

t echnology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a

traditional manned aircraft.

By operating the DJI Phantom 2 UAS, companies such as P aper Plane Productions, LLC

, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of

the DJI Phantom 2 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, Paper Plane Productions, LLC ’s proposed operation of the DJI Phantom 2 UAS will not implicat e any privacy issues. Specifically, the DJI Phantom 2 UAS will be operated only in compliance with operating documents (i.e., Paper Plane Productions,

LLC Aerial Operations Manual, Monthly Maintenance Log, DJI Phantom 2 and Instruction Manual, Pre

- Flight C hecklist) 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. § 91.119.14 **E. The Reasons Why Granting T he 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 Paper Plane Productions, LLC Seeks Exemption.** 

**1. Reasons Why The DJI Phantom 2 UAS Meets The Condit ions 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, Paper Plane Productions, LLC ’s operation of the DJI

P hantom 2 UAS meets 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 certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other r equirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of t he plan and rulemaking required by section 332 of this Act or the guidance required by

section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

—

( 1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a

hazard to users of the national airs pace system or the public or pose a threat to national security; and 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 unmanne d aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establis h requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Paper Plane Productions, LLC submits that the DJI

Phantom 2 UAS can operate safely in the NAS pursuant to FMRA Section 333,

as demon strated 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 Demonstrates Its Safe**

**Characteristics.**

The DJI Phantom 2 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.15 **i. Technical Specifications Of The DJI Phantom 2 UAS.**

The technical specificatio ns of the DJI Phantom 2 UAS is set forth by the

DJI Phantom 2 Specifications and Data Sheet, attached hereto as Exhibit

A.

**ii. The DJI Phantom 2 UAS’ Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational** 

**Area.**

The D JI 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 25

- 35 of the DJI Phantom 2 User Manual, attached hereto as Exhibit B.

**iii. The DJI Phantom 2 UAS is 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 will remain stationary, in flight, for 3 seconds or more. I f, after 3 seconds, the DJI

Phantom 2 UAS does 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 descend to the takeoff posit ion and shutdown. A complete description of the Failsafe

Functions of the DJI Phantom 2 UAS are set forth at pages 27 through 29 of the DJI Phantom User Manual, attached hereto as Exhibit B. iv. The

DJI Phantom 2 GCS And Its Operation.

A complete descript ion of the operation and specifications of the DJI

Phantom 2 GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 2 User Manual. DJI Phantom 2 User

Manual is attached hereto as Exhibit B.

**b. Flight Operations Of DJI Phanto m 2 UAS is Limited To The Line Of**  **Sight Of A Certificated Pilot in Command With A Safety Observer.**

Paper Plane Productions, LLC 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. Additionally, 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, Paper Plane Productions, LLC proposes to commercially operate the DJI Phantom 2 UAS for the special purpose of conducting aerial vid eo and photography over certain areas of United States, pursuant to the following specific operating limitations:16 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcra ft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Unmanned Aircraft System. 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 limi ted 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 UAS must be operated at an altitude of no more than 500 feet above ground level (AGL), as indica ted by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all

times. Thi s requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman

medical certificate.

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

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or tex ting 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 functions prescribed in the operating do cuments.

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

instruments.

9. The operating docum ents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if17 questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the 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 prefligh t 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 com ponent, 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 components, items, or eq uipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must c arry 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 to tal time in service, description of work accomplished, and the signature of the authorized person returning the UAS

to service.

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

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

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

third

- class medical certificate.

18. The operat or 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 emerg ency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs ar e permitted 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

conside red nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.18 19. UAS operations may not be conducted during night, as defined in 14 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 FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UAS may n ot 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

conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or whe n visibility is less than 3 statute miles from the

PIC.

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

pre

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

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

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

ac cordance 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 acc ordance 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 co ntrol 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.19 29. The UA must remain clear and yield the right of way to all manned aviation operations and activ ities at all times.

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

vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or

essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons rema in under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations near er to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

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

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

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

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

Paper Plane Productions, LLC submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintain ed because no PIC will be allowed 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

consistent with the exem ption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Paper Plane Productions, LLC ’s proposed area of operations, and the operating

limitations set forth

- above; th e parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 UAS, Paper Plane Productions,20 LLC submits th at the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Paper Plane Productions, LLC ’s specific proposed flight operations.

The FAA has previously granted relief from S ection 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 111 59, 11160, 11161). Paper Plane Productions, LLC will not allow any PIC to operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements and 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 with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accu mulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exe mption). 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 complian ce with applicable regulations will ensure an equivalent level of safety during Paper Plane Productions, LLC ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulatio ns would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar ope rations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours

of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplis h 3 takeoffs and landings in the preceding 90 days

(for currency purposes). The FAA finds that at a minimum, the flight hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct th e petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be co nducted 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. 11 138 at page 15.

Accordingly, Paper Plane Productions, LLC 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 consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.21 **CONCLUSION**

Paper Plane Productions, LLC seek s an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI

Phantom 2 UAS commercially, without an airworthiness certificate, for the limited purpose of co nducting

aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Paper Plane Productions, LLC to safely, efficiently, and economically operate the DJI Phantom 2 UAS commercially within the NAS. Therefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform

Act of 2012, Section 333, Paper Plane Productions, LLC respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.40 9(a)(1) & (a)(2), and 91.417(a) & (b), and permit Paper Plane Productions, LLC to operate the DJI Phantom 2 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: January 1 5 , 201 6

Submitted by Paper Plane Productions, LLC22 **APPENDIX**

**– A** 

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS

Paper Plane Productions, LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. I n addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 2

1.2 1.1.1Aircraft 1.1.1.1 Supported Battery

– DJI 6000AH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

- 200/s 1.1.1.5 Max Tilt Angel

- 35 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy

- ±0.03

1.1.2.3 Controllable Range

– Pitch:

- 90

- 0

1.1.2.4 Maximum Angular Speed

– Pitch: 90/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range

- 32F

- 104F (0C

- 40C)

1.1.3.2 Sensor Size

– 1/2.3”

1.1.3.3 Effective Pixels

– 14M

1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110/85

**APPENDIX**

**- B**  **DJI**

**PHANTOM 2 USER MANUAL** http://www.dji.c om/product/phantom

- 2 /download