1

Sept 17, 2015 Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey

Ave, SE Washington, DC 20590

RE: JOE SPALDING / EARHT 2 HOME INSPECTIONS LLC REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 2 VISION PLUS UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Joe Spalding President / Owner 3638 Tulane Dr Decatur, Il 62522 217

- 519

- 0539 217

- 904

- 6463 earth2home@yahoo.com

**TABLE OF CONTENTS**2 Page

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

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

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4

BACKGROUND................................................................................................................... .4

BASIS FOR PETITION...................... ...................................................................................5

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH THE EARTH 2 HOME INSPECTIONS LLC SEEKS EXEMPTION..............................................

.............................. 7 THE EXTENT OF RELIEF THE EARTH 2 HOME INSPECTIONS LLC SEEKS AND THE REASON THE EARTH 2 HOME INSPECTIONS LLC SEEKS THE RELIEF ..............10 THE REASONS WHY GRANTING THE EARTH 2 HOME INSPECTIONS LLC REQUEST WOULD BE IN THE PUBLIC INTEREST .........................................................12 THE REASONS WHY GRANTING THE EXEMPTION TO THE EARTH 2 HOME INSPECTIONS LLC WOULD NOT ADVERSELY AFFECT ................................14 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER....

.......... .. . .. 25 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT THE EARTH 2 HOME INSPECTIONS LLC REQUEST ............................25 CONCLUSION.............................................................

............................................... . ........ 2 5 APPENDICES...............................................................

. ......................... 26

**GLOSSARY OF ABBREVIATIONS**3

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA 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 Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

**SUMMARY**4

Earth 2 Home Inspections LLC hereafter referred to as The EARTH 2 HOME INSPECTIONS 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 Aircraft System (DJI Phantom 2 Vision Plus) pursuant to Section 33 3 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit The EARTH 2 HOME INSPECTIONS LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, over certain areas of the Illinois

.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** The EARTH 2 HOME INSPECTIONS LLC is a home inspection business for the real estate market. We will use the drone to conduct inspection of areas of the home that can be reached for safety reason like a roof of a 2

- 3 story home it will provide us with aerial video and photography. The objective of The EARTH 2 HOME INSPECTIONS LLC and our Unmanned Aircraft System (DJI Phantom 2 Vision Plus) aerial operations is to provide a more accurate high

- quality visual inspections to our clients.

• Construction Inspections

• Real

- estate Inspections

• Home Buyer Inspections

• Home Seller Inspections

• Warranty Inspections My staff has safely flown small RC electric quadcopters recreationally for approximately 5 years without incident. **BACKGROUND**

Unmanned Aircraft Systems: DJIPhantom 2 Vision Plus , UAS The EARTH 2 HOME INSPECTIONS LLC seeks an exemption to operate DJI Phantom 2 Vision Plus system for compensation or hire within the NAS. The DJI Phantom 2 Vision Plus is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision Plus has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2” , a maximum speed of approximately 16.4’fps and a maximum flying height of 400'

. The DJI Phantom 2 Vision Plus is equipped with four main rotors; driven by Lithium Poly

mer battery powered electric motors. The DJI Phantom 2 Vision Plus that will be operated by The EARTH 2 HOME INSPECTIONS 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 Marking

.5

**BASIS FOR PETITION** Petitioner, The EARTH 2 HOME I NSPECTIONS LLC , 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 Vision Plus , UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size , and limited operating area associated with the unmanned aircraft and its operation, The EARTH 2 HOME INSPECTIONS LLC operation of DJI Phantom 2 Vision Plus UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, The EARTH 2 HOME INSPECTIONS 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 for maintenance that only apply to aircraft with an airworthiness certificate. The EARTH 2 HOME INSPECTIONS LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. The EARTH 2 HOME INSPECTIONS 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 Lo g, and DJI Phantom 2 Vision Plus Instruction Manual). Furthermore, The EARTH 2 HOME IN SPECTIONS LLC will document and maintain all maintenance records for the DJI Phantom 2 Vision Plus UAS. The EARTH 2 HOME INSPECTIONS LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 2 Vision Plus UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, The EARTH 2 HOME INSPECTIONS LLC submits that they will ensure that the DJIPhantom 2 Vision Plus UAS is in an airworthy condition, prior to every f light, by determining that the UAS are in compliance with the operating documents (i.e., Monthly M aintenance Log, and DJI Phantom 2 Vision Plue Instruction Manual), and that the aircraft are in a condition for safe flight. The EARTH 2 HOME INSPECTIONS LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJIPhantom 2 Vision Plus UAS will not have a ty pical barometric altimeter onboard. However, altitude information of the DJIPhantom 2 Vision Plus 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 information, combined with The EARTH 2 HOME INSPECTIONS LLC operation of the DJI Phantom 2 Vision Plus UAS within visual line of sight, at or below 2 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, The EARTH 2 HOME INSPECTIONS LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. The6

EARTH 2 HOME INSPECTIONS LLC submits that safety will not be affected by operation of the DJI Phantom 2 Vision Plus 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 approximately 23 minutes

. B attery power indicators are also able to show exactly how much battery p ower is left, as well as how much time is needed to return safely b ack to point of takeoff

. Inaccordance with 14 C.F.R. § 11.81, The EARTH 2 HOME INSPECTIONS 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 Petitioner and point of contact is: Joe Spalding President / Owner 3638 Tulane Dr Decatur, Il 62522 217

- 519

- 0539 217

- 904

- 6463 earth2home@yahoo.com

**B. The**  **Specific Sections**  **Of 14**  **C.F.R. From**  **Which The**  EARTH 2 HOME INSPECTIONS LLC **Seeks Exemption. 1.**  **The** EARTH 2 HOME INSPECTIONS 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:7 (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 employ ment if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. **2. The**  EARTH 2 HOME INSPECTIONS 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 is in an airworthy condition. **3. The**  EARTH 2 HOME INSPECTIONS 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

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

--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) Inthe case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

**4. The**  EARTH 2 HOME INSPECTIONS 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 the8 first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. **5. The**  EARTH 2 HOME IN SPECTIONS 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. The**  EARTH 2 HOME INSPECTIONS LLC **Seeks Exemption**  **From The**  **Requirements Of**  **Section 91.407(a)(1)** Section 91.407, entitled Operation after maintenance, 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) Ithas been approved for return to ser vice by ap erson authorized under § 43.7 of this chapter[.] **7. The**  EARTH 2 HOME INSPECTIONS 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 inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

**8. The**  EARTH 2 HOME INSPECTIONS LLC **Seeks Exemption**  **From The**  **Requirements Of**  **Se ctions 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:9 (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

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

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information:

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

-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms pre scribed by § 4 3.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.10 (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 The**  EARTH 2 HOME INSPECTIONS LLC **Seeks And**  **The Reason**  **The** EARTH 2 HOME INSPECTIONS LLC **Seeks The Relief. 1.**  **Extent Of**  **Relief The**  EARTH 2 HOME INSPECTIONS LLC **Seeks And**  **The Reason**  **The** EARTH 2 HOME INSPECTIONS LLC **Seeks Relief From Section 61.113(a) And (b).**  Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more fully below, The EARTH 2 HOME INSPECTIONS LLC submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision Plus UAS unless that PIC has met certain flight

-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJIPhantom 2 Vision Plus UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, The EARTH 2 HOME INSPECTIONS LLC submits that all flights of the DJI Phantom 2 Vision Plus UAS , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to The EARTH 2 HOME INSPECTIONS LLC business; and (2) will not carry passengers or property

for compensation or hire.

**2. Extent**  **Of Relief**  **The** EARTH 2 HOME INSPECTIONS LLC **Seeks And**  **T he**  **Reason The**  EARTH 2 HOME INSPECTIONS 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 The EARTH 2 HOME INSPECTIONS LLC to determine that the DJI Phantom 2 Vision Plus UAS are in airworthy condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., the EARTH 2 HOME INSPECTIONS LLC Aerial Operations Manual, Monthly Maintenance Lo g, and DJI Phantom 2 Vision Plus Instruction Manual).11

The EARTH 2 HOME INSPECTIONS LLC seeks the requested relief because the DJI Phantom 2 Vision Plus UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, The EARTH 2 HOME INSPECTIONS LLC will ensure that the DJI Phantom 2 Vision Plus UAS are in airworthy c ondition based upon its compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJI Phantom 2 Vision Plus) prior to every f light, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent**  **Of Relief**  **The** EARTH 2 HOME INSPECTIONS LLC **Seeks And**  **The Reason**  **The** EARTH 2 HOME INSPECTIONS LLC **Seeks Relief From Section 91.1 21.**  Relief from Section 91.121, entitled Altimeter settings , may b e required to allow flight operations of the DJI Phantom 2 Vision Plus UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), The EARTH 2 HOME IN SPECTIONS LLC seeks the requested relief because the DJI Phantom 2 Vision Plus UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude o f 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

s et forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 Vision Plus UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

-up display of the GCS.

**4. Extent**  **Of Relief**  **The** EARTH 2 HOME INSPECTIONS LLC **Seeks And**  **The Reason**  **The** EARTH 2 HOME INSPECTIONS 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 p owered DJIPhantom 2 Vision Plus UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. The EARTH 2 HOME INSPECTIONS LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery

p owered DJI Phantom 2 Vision Plus UAS will severely constrain the practicality of any aerial video or still photo flight operations that The EARTH 2 HOME INSPECTIONS LLC proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision Plus UAS , the DJIPhantom 2 Vision Plus operating do cuments, and The EARTH 2 HOME INSPECTIONS LLC proposed operating limitations, ensure that The EARTH 2 HOME12

INSPECTIONS LLC will safely operate the battery

powered DJI Phantom 2 Vision Plus 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 23 minutes

.

**5. Extent**  **Of Relief**  **The** EARTH 2 HOME INSPECTIONS LLC **Seeks And**  **The Reason**  **The** EARTH 2 HOME INSPECTIONS LLC **Seeks Relief**  **From Sections**  **91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2), And 91.417(a) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, The EARTH 2 HOME I NSPECTIONS LLC requests relief from these Sections because the DJI Phantom 2 Vision Plus UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision Plus UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, The EARTH 2 HOME INSPECTIONS LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the The EARTH 2 HOME INSPECTIONS LLC Aerial Operations Manual, Monthly Maintenance Lo g, and DJI Phantom 2 Vision Plus Instruction Manual). Furthermore, The EARTH 2 HOME INSPECTIONS LLC will document and maintain all maintenance records for the DJI Phantom 2 Vision Plus UAS

.

**D. The**  **Reasons Why**  **Granting The**  EARTH 2 HOME INSPECTIONS LLC **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 The EARTH 2 HOME INSPECTIONS LLC to safely, efficiently, and economically perform aerial video and photography of construction, real estate, and properties in Illinois. Additionally, use of the DJIPhantom 2 Vision Plus UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of The EARTH 2 HOME INSPECTIONS LLC proposed operation of the DJI Phantom 2 Vision Plus UAS will be realized without implicating any privacy issues.

**1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJIPhantom 2 Vision Plus UAS are battery powered and serve as a safe, efficient, and economical alternative to a unsafe practice of climbing onto roofs of homes. Itwill provide areal video and photos to the inspectors to insure the public gets a well overview of the home.13

**2. The**  **Public Will**  **Benefit From**  **The Safety**  **And Efficiency**  **Of The**  **DJI Phantom**  **2 Vision**  **Plus UAS.**  The DJI Phantom 3 UAS (weighing approximately 2 .8 pounds at their maximum gross weight with diagonal dimension of 23.2 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

. **3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision**  **Plus UAS**  **Will Benefit The Economy.** By operating the DJI Phantom 2 Vision Plus UAS, companies such as The EARTH 2 HOME INSPECTIONS 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 Safety f or the inspector will result in less medical accidents from inspectors falling from roofs ext. Re sulting in worker compensation claims and other lawsuits from injuries.

**4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, The EARTH 2 HOME INSPECTIONS LLC proposed operation of the DJI Phantom 2 Vision Plus UAS will not implicate any privacy i ssues. Specifically, the DJI Phantom 2 Vision Plus UAS will be operated only in compliance with operating documents (i.e., the EARTH 2 HOME INSPECTIONS LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus 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 The**  EARTH 2 HOME INSPECTIONS LLC **Seeks Exemption. 1.**  **Reasons Why**  **The DJI**  **Phantom 2**  **Vision Plus**  **UA S**  **Meet The**  **Conditions Of**  **The FAA**  **Modernization and Reform Act of 2012 (FMRA) Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, The EARTH 2 HOME INSPECTIONS LLC operation of the DJIPhantom 2 Vision Plus 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 f or 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. Sp ecifically, FMRA Section 333 states the following, in part:

(a ) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation14 shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b ) Assessment of Unmanned Aircraft Systems.

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

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, The EARTH 2 HOME IN SPECTIONS LLC submits that the DJI Phantom 2 Vision, Plus UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJIPhantom 2 Vision Plus UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The DJI P** **hantom 2 Vision Plus UAS**  **Demonstrate Its Safe Characteristics.**  The DJI Phantom 2 Vision Plus UAS do es 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

.

**3. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.7(a) Would**  **Not Adver** **sely Affect Safety.** The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every f light, The EARTH 2 HOME INSPECTIONS LLC will ensure that the DJI Phantom 2 Vision Plus 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 granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to tho se presented herein (e.g. Exemption Nos.15

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.121 Woul** **d Not**  **Adversely Affect Safety.** The equivalent level of safety established by S ection 91.121 will be maintained because the altitude information of the DJI Phantom 2 Vision Plus UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with The EARTH 2 HOME IN SPECTIONS LLC operation of the DJI Phantom 2 Vision Plus UAS within visual line of sight, at or below 2 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by

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

**5. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.151(b) Would**  **Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 1 4 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 Vision Plus UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, The EARTH 2 HOME INSPECTIONS LLC will ensure that it will safely

operate the battery

powered DJI Phantom 2 Vision Plus UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes. Furthermore, safety will be ensured as the DJI Phantom 2 Vision Plus 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 3 3% remaining battery

p ower, and again at approximately 10% remaining battery

power. At the critically

low battery

level, the DJI Phantom 2 Vision Plus UAS will descend and land automatically

.

**6. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Sections**  **91.405(a), 91.407(a)(1),**  **91.409(a)(1) &**  **(a)(2), And**  **91.417(a) &**  **(b) Would**  **Not Adversely**  **Affect Safety.**16

Ins eeking this exemption, The EARTH 2 HOME INSPECTIONS LLC submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by

S ections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because The EARTH 2 HOME INSPECTIONS LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the EARTH 2 HOME INSPECTIONS LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , The EARTH 2 HOME IN SPECTIONS LLC requests that the FAA prescribe special conditions for the intended operation of the DJIPhantom 2 Vision Plus UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1 ), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 3 33 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority f or such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Le ading Edge’s intended operation of the DJIPhantom 2 Vision Plus UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 1417

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.15 1(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**• A**  **Summary That**  **Can Be**  **Published In**  **The Federal**  **Register, stating:**  **The Rules From Which**  **The** EARTH 2 HOME INSPECTIONS LLC **Seeks Exemption:**

The EARTH 2 HOME INSPECTIONS LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &(b). **A Brief**  **Description Of**  **The Nature**  **Of The**  **Exemption The**  EARTH 2 HOME INSPECTIONS LLC **Seeks :**  This exemption will permit The EARTH 2 HOME IN SPECTIONS LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of Illinois.

.

**• Any**  **Additional Information,**  **Views, Or**  **A rguments**  **Available To**  **Support The**  EARTH 2 HOME INSPECTIONS LLC **Request.**
This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary o f Transportation to determine if certain UAS may operate safely

in the NAS. As such, The EARTH 2 HOME I NSPECTIONS LLC request for exemption may

b e granted pursuant to the authority o f FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security;and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, The EARTH 2 HOME INSPECTIONS LLC will operate the DJI Phantom 2 Vision Plus UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

. **CONCLUSION** As set forth herein, The EARTH 2 HOME INSPECTIONS LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe op eration of the DJI Phantom 2 Vision Plus UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the Illinois. By granting this Petition, the FAA Administrator will b e fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing The EARTH 2 HOME INSPECTIONS18

LLC to safely, efficiently, and economically operate the DJI Phantom 2 Vision Plus UAS commercially within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, The EARTH 2 HOME INSPECTIONS LLC respectfully requests that the Administrator grant this P etition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJIPhantom 2 Vision Plus UAS commercially for the purpose of conducting aerial video and photography over certain areas of Illinois. Dated: Sept 17, 2015 Respectfully

submitted,
Joe Spalding President / Owner 3638 Tulane Dr Decatur, Il 62522 217

- 519

- 0539 217

- 904

- 6463 earth2home@yahoo.com
Appendices :

A

– Link to DJI Phantom 2 Vision Plus Manual: Click on link below

http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1.1.1_e n.pdf19