UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.



### INTHE MATTER OFTHE PETITIONFOREXEMPTION OF: Martin L Smith 

### FORANEXEMPTION SEEKINGRELIEF FROMTHE REQUIREMENTS OF TITLE 14 OFTHE 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 PHANTOM2 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATIONAND REFORM ACT OF2012 (PUBLIC LAW 112-95)

Submitted on May 9, 2015 Martin L Smith 13652 County Road 180 Carthage, Missouri 64836 (417) 358 0826TABLE OF CONTENTS 

### Page
GLOSSARY OF ABBREVIA TIONS

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SUMMARY

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INTRODUCTION AND INTERESTS OF PETITIONER

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

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BASIS FORPETITION

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NAME AND ADDRESS OF PETITIONER.

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### ?
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH AERIAL IMPRESSIONS SEEKS EXEMPTION

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THE EXTENT OF RELIEF AERIAL IMPRESSIONS SEEKS AND THE REASON AERIAL IMPRESSIONS SEEKS THE RELIEF

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THE REASONS WHY GRANTING AERIAL IMPRESSIONS'S REQUEST WOULD BE IN THE PUBLIC INTEREST

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THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY.

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SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.

.....34
ANYADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORTAERIAL IMPRESSIONS'S REQUEST

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CONCLUSION

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APPENDICES

........................................................................................37AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS PIC Section 333 

## so SOP UA UAS VFR VLOS VMC VTOL GLOSSARY OF ABBREVIATIONS
Above Ground Level Area ofInterest Air Traffic Control Air Traffic Organization Aerial Vehicle Code ofFederal Regulations Certificate ofAuthorization Federal AviationAdministration Federal Aviation Regulation Ground Control Station Global Positioning System Loss ofLink National Airspace System Pilot In Command FAA Modernization and Reform Act of2012 (FMRA) Section 333 Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System Visual Flight Rules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand LandingSUMMARY
I seek 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 Systempursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA). This exemption will permit me to operate an Unmanned Aircraft System (UAS) for the commercial purpose ofconducting aerial video and photography for wedding videography, real estate photography, special events, forestry practices, and landscape over certain areas ofthe United States. INTRODUCTION AND INTERESTS OF THE PETITIONER I provide clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectiveness. I also provides clients with the highest quality digital content for use intheir commercial, personal, and non-profit multimediaprojects. I have over 30 years ofprofessional experience in engineering and special event videography and photography. I have over 30 years ofrecreational/hobby experience in all aspects ofaerial video and photography. I also have over 25 years of aviation experience as a private pilot with an instrument rating. My objective is in aerial video and photography operations is to provide high quality imaging for a variety of forestry, commercial, public, and residential uses, specificallytargeting: • Engineered structures and engineering projects • Photography and videography • Increase public knowledge ofUAS and promote safe UAS operations. BACKGROUND Unmanned Aircraft Systems: DJI PHANTOM 2
I seek an exemptionto operate DJI systems for compensation or hire withinthe NAS. The DJI PHANTOM 2 is a vertical takeoffand landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI PHANTOM 2 has a maximum gross weight ofapproximately 1280 grams, while having a length of 16 inches width of 16 inches, height of8 inches, and a maximum speed ofapproximately 29 knots. The DJI PHANTOM 2 UAs are equippedwith four mainrotors; driven by Lithium Polymer batterypowered electric motors. The DJI PHANTOM 2 UAs that will be operated by me will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, AircraftRegistration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. BASIS FORPETITION Petitioner, MARTIN L SMITH, pursuantto the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAAModernization and Reform Act of2012 (FMRA), Section 333, SpecialRules for Certain UnmannedAircraftSystems, hereby petitions the Administrator to commercially operate the DJI PHANTOM 2 UASs in theNational 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 ofthe speed, weight, size, and limited operating area associated withthe unmanned aircraft and its operation, I will meetthe conditions ofFMRA Section 333 and therefore, will notrequire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, I request relieffrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. I submitthatthe requested reliefis proper since an equivalent level ofsafety will be ensured. I will use my experience to perform maintenance, alterations, orpreventive maintenance onthe UASs using the methods, techniques, and practices prescribed inthe operating documents (i.e., Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual). Furthermore, I will document and maintain all maintenance records for the DJI PHANTOM 2 UASs. Relieffrom certain requirements ofSection 61.113(a) and (b), entitledPrivatepilot privileges andlimitations: Pilot in command, is requested by me to the extent necessary to allow a Pilot in Command (PIC) by meeting minimum flight- hour and currency requirements, thatthe PIC is able to safely operate the DJI PHANTOM 2 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. I seekrelieffrom Section 91.7(a), entitled Civil aircraftairworthiness, because the DJI PHANTOM 2 UASs do notrequire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, I submitthat I will ensure that the 3 UASs are in an airworthy condition, priorto every flight, by determining thatthe UASs are in compliance withthe operating documents (i.e., Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual), and that the aircraft are in a condition for safe flight. I also seek an exemption from the requirements ofSection 91.121, entitled AltimeterSettings, as the DJI PHANTOM 2 UAs will nothave a typical barometric altimeter onboard. However, altitude information ofthe DJI PHANTOM 2 UAs will be providedto the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAto the GCS for active monitoring ofthe flight path. This altitude information, combined with my operation ofthe DJI PHANTOM 2 UASs within visual line ofsight, at orbelow400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. Additionally, I seeks anexemption from the requirements ofSection 91.151(b), entitled Fuel requirements for flight in VFR conditions. I submitthat safety will not be affected by operation ofthe DJI PHANTOM 2 UAs during daylight hours invisual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery powerto fly for a total duration ofapproximately 15 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, AERIAL IMPRESSIONS provides the following information in support ofits petition for exemption:

### A. Name And Address OfThePetitioner. The name and address ofthe Petitioner and point ofcontact is:
MARTIN L SMITH 13652 County Road 180 Carthage, MO 64836 Tel: (417) 358 0826 Email: AI@ecarthage.com


### B. The Specific Sections of 14 C.F.R. from WhichMARTINL SMITH Seeks Exemption. 1. I SeekExemption From TheRequirements OfSection 61.113(a) And (b).
Section 61.113, entitled Private pilotprivileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevantpart: (a) No personwho holds a private pilot certificate may act as a pilot in command (PIC) ofan aircraft that is carrying passengers or property for compensation or hire; nor may thatperson, for compensation or hire, act as PIC ofan aircraft. (b) A private pilot may, for compensation or hire, act as PIC ofan aircraft in connection with any business or employment if- (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.


### 2. I SeekExemption From TheRequirements OfSection 91.7(a).
Section 91.7, entitled Civil aircraftairworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition. 

### 3. I SeekExemption From TheRequirements OfSection 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Eachperson operating an aircraft shall maintainthe cruising altitude or flight level ofthat 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 ofa station along the route and within 1 00 nautical miles ofthe aircraft;(ii) Ifthere is no station withinthe areaprescribed inparagraph (a)(l)(i) of this section, the currentreported altimeter setting ofan appropriate available station; or (iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. 4. I SeekExemption From The Requirements OfSection 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: (b) Noperson may begin aflight in a rotorcraft under VFR conditions unless (considering windand forecast weather conditions) there is enough fuel tofly to thefirstpoint of intendedlanding and, assuming normal cruisingspeed, to fly after that for at least20 minutes. 5. I SeekExemption From The Requirement OfSection 91.405(a). Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall betweenrequired inspections, except as provided inparagraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter[.]

6. I SeekExemption From The Requirements OfSection 91.407(a)(l) 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 thathas undergone maintenance, preventive maintenance, rebuilding, or alteration unless-- (1) Ithas been approved for return to service by a person authorized under § 43.7 ofthis chapter[.]
7. I SeekExemption From The Requirements OfSections 91.409(a)(l) And 91.409(a)(2). Section 91.409, entitledInspections, subsection (a), states the following: (a) Except as provided inparagraph (c) ofthis section, no person may operate an aircraft unless, withinthe preceding 12 calendarmonths, it has had

--(1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for return to service by a person authorized by § 43.7 ofthis chapter; or (2) An inspection for the issuance ofan airworthiness certificate in accordance withpart 21 ofthis chapter.
8. I SeekExemption From The Requirements OfSections 91.417(a) And 91.417(b). Section 91.417, entitledMaintenance records, subsections (a) and (b), state the following: (a) Except for workperformed in accordance with§§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified inparagraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100-hour, annual, progressive, and otherrequired or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include-- (i) A description (or reference to data acceptable to the Administrator) of the workperformed; and (ii) The date ofcompletion ofthe workperformed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, and eachrotor. (ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed onthe aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required by the inspectionprogram under which the aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD orsafetydirective number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis 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 inparagraph (a)(1) ofthis section shall be retained until the work is repeated or superseded by other work or for 1year afterthe work is performed. (2) The records specified inparagraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects 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. TheExtent OfReliefI SeekAnd TheReason I SeekTheRelief. 1. Extent ofReliefMARTIN L SMITH Seeks And The Reason MARTIN L SMITH Seeks ReliefFrom Section 61.113(a) And (b). Relieffrom Section 61.113(a) and (b) entitled Privatepilotprivileges and limitations: Pilot in command, is requested to the extentnecessary 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 reliefis 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 ofan aircraft in connection with any business or employment if: (1) The flight is only incidental to that business oremployment; and (2) The aircraft does not carry passengers orproperty for compensation or hire. As set forth more fully below, I submit that an equivalent level ofsafety will be maintained because no PIC will be allowed to operate the DJI PHANTOM 2 UAS except forme.Further, I submit that all flights oftheDJI PHANTOM 2 UASs, conducted by the PIC pursuantto the grant ofthis Petition: (1) will be incidental to MARTIN L SMITH and (2) will not carry passengers orproperty for compensation or hire.



### 2. Extent OfI SeekAndTheReason I SeekReliefFrom Section 91.7(a). Relieffrom Section 91.7(a) entitled Civil aircraftairworthiness, is requested to the extentrequired to allow MARTIN L SMITH to determine thatthe DJI PHANTOM 2 UASs are in airworthy conditionpriorto every flight by ensuring thatthe UAS is in compliance with the operating documents (i.e., Operations Manual, Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual). I seek the requested reliefbecause the DJI PHANTOM 2 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, I will ensure thatthe DJI PHANTOM 2 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual) priorto every flight, and further, determine thatthe aircraft are in condition for safe flight, as stated in the conditions and limitations below. 

### 3. Extent OfReliefI SeekAnd The Reason I SeekReliefFrom Section 91.121. Relieffrom Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe DJI PHANTOM 2 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UAto 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) infeet above ground level (AGL), I seek the requested reliefbecause the DJI PHANTOM 2 UA's altimeter may be set onthe ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is soughtto the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level ofsafety will be maintained since the DJI PHANTOM 2 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established priorto each flight, and provides the PIC with altitude information ofthe UA on the heads-up display ofthe GCS. 

### 4. Extent OfReliefI SeekAnd The Reason I SeekReliefFrom Section 91.151(b). Relieffrom Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extentrequired to allow flights ofthe 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 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5


### "' 10 "'minutes. I seekthe requested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI PHANTOM 2 UAs will severely constrain the practicality ofany aerial video or still photo flight operations that I proposes to conduct pursuantto this Petition. Significantly, as set forth below, the technical specifications ofthe DJI PHANTOM 2 UASs, the DJI PHANTOM 2 operating documents, and my proposed operating limitations, ensure that I will safely operate the battery powered DJI PHANTOM 2 UAs during daylighthours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enoughbattery powerto fly for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. 

### 5. Extent OfReliefI SeekAndTheReason I SeekReliefFrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b). Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, I request relieffrom these Sections because the DJI PHANTOM 2 UASs do not require airworthiness certificates. As set forth more fully below, the DJI PHANTOM 2 UASs meet the conditions ofFMRA Section 333 for operation without an airworthiness certificate. Accordingly I will perform maintenance, alterations, orpreventive maintenance on the UASs using the methods, techniques, and practices prescribed inthe UAS operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual). Furthermore, I will document and maintain all maintenance records for the DJI PHANTOM 2 UASs.


### D. TheReasons Why GrantingMARTINL SMITHRequestWouldBe InThePublic Interest; ThatIs, How It

### Would Benefit ThePublicAs A Whole. Granting the present Petition will further the public interest by allowing MAR TIN L SMITHto safely, efficiently, and economically perform aerial video and photography for forestry practices, special events, and landscape over certain areas ofthe United States. Additionally, use ofthe DJI PHANTOM 2 UASs will decrease congestion ofthe NAS, reduce pollution, andprovide significant benefits to the economy. Notably, the benefits ofmyproposed operation ofthe DJI PHANTOM 2 UASs will be realized without implicating any privacy issues.


### 1. The Public Will Benefit From Decreased Congestion OfTheNAS. The DJI PHANTOM 2 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. Byreducing the amount ofmanned aircraft neededto perform aerial acquisitions, an exemption allowing the use ofa 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 life and property in the air and onthe ground. Furthermore, by reducing the number ofmanned aircraft operating inthe NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI PHANTOM 2 UAs do not require an airport to takeoffor land. Likewise, a reduction ofmanned aircraft conducting aerial video andphotography missions wouldresult in fewer

rv 

### 11 rvaircraft that mustbe handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases offlight operations.



### 2. The PublicWill Benefit From The Safety And Efficiency OfThe DJI PHANTOM 2UASs. Conducting aerial acquisitions withthe DJI PHANTOM 2 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. Byusing battery power and electric motors, the DJI PHANTOM 2 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning 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 are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI PHANTOM 2 UASs to perform aerial acquisitions, the substantial riskto life and property inthe 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 offlight crewmembers located onboard the aircraft, the DJI PHANTOM 2 UAs (weighing approximately 2 pounds 11 ounces, at maximum gross weights with lengths of 16 inches, widths of 16 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and inthe air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately 42 feet, a length of34 feet, and a fuel capacity of 180 gallons). 

### 3. PerformingAerial Video and Photography Operations With TheDJI PHANTOM 2 UASs Will Benefit TheEconomy.
In addition to being safe and efficient, the DJI PHANTOM 2 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation ofthe DJI PHANTOM 2 UASs will allow United States based companies, like mine, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, withthe rising cost ofaviation fuel and the Environmental 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 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost ofa traditional manned aircraft. By operating the DJI PHANTOM 2 UASs, companies such as I, can remain competitive and profitable, and therefore, provide greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved

**~** 

### 12

**~**financial performance ofU.S. companies, through commercial use oftheDJI PHANTOM 2 UASs, 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. ThereAre No PrivacyIssues. Similarto the manned aerial acquisition flight operations that have been conducted for decades, I proposed operation ofthe DJI PHANTOM 2 UASs will not implicate any privacy issues. Specifically, the DJI PHANTOM 2 UASs will be operated only in compliance with operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance withthe Federal Aviation Regulations, including the minimum altitude requirements of 14 C.P.R. § 91.119.


### E. TheReasons Why GrantingTheExemptionWould Not Adversely Affect Safety, OrHow TheExemption Would Provide A Level OfSafety AtLeastEqual To That Provided By TheRule FromWhich I SeekExemption. 

### 1. Reasons Why TheDJI PHANTOM 2 UAs MeetThe Conditions OfThe FAAModernization and Reform Act of2012 (FMRA) Section 333. In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, my operation ofthe DJI PHANTOM 2 UASs meet the conditions ofFMRA Section 333, and will notrequire an airworthiness certificate in accordance with 14 C.P.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 ofthe NAS or the public, or otherwise pose a threatto national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.--Notwithstandingany other requirement of this subtitle, andnot later than 180days after the date of enactment of thisAct, the Secretary of Transportation shall determine 

### if certain unmannedaircraftsystems may operate safely in the nationalairspace system before completion of theplan andrulemakingrequiredbysection 332 of thisActor the guidance requiredby section 334 of thisAct. (b) AssessmentofUnmannedAircraftSystems.--In making the determination under subsection (a), the Secretary shall determine, ata minimum-- (1) which types of unmannedaircraftsystems, 

### if any, as a result of their size, weight, speed, operational capability,proximity to airports and populatedareas, andoperation within visual line of sightdo not create

**~** 

### 13

**~**a hazardto users of the nationalairspace system or thepublic orpose a threat to nationalsecurity; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, UnitedStates Code, is required for the operation of unmannedaircraftsystems identifiedunderparagraph (1). (c) Requirements for Safe Operation.--If the Secretary determines under this section that certain unmannedaircraftsystems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraftsystems in the nationalairspace system. In seeking this exemption, I submitthatthe DJI PHANTOM 2UASs can operate safely in theNAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI PHANTOM 2 UASs; (b) the pilot certificationrequirement; and (c) the specific operating limitations. 

### a. The Specifications OfTheDJI PHANTOM2 UASs DemonstrateIts Safe Characteristics. The DJI PHANTOM 2 UASs do not create a hazardto users ofthe NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. 

### i. Technical Specifications OfTheDJIPHANTOM 2 UASs. Thetechnical specifications ofthe DJI PHANTOM 2 UASs are set forth by the DJI PHANTOM 2 Specifications and Data Sheet. ii. 

### The DJI PHANTOM 2 UASs Autonomous FlightAnd Navigation Modes Enable TheUASs To Remain Within A Defined Operational Area. The DJI PHANTOM 2 UASs may be operated in both manual and fully autonomous flight modes. A complete description ofthe flight and navigational modes of the DJI PHANTOM 2 UASs is provided at pages 25-35 ofthe DJI PHANTOM 2 User Manuals. iii. 

### The DJIPHANTOM 2 UASs Are Designed ForAutomatic Return To Home Point OrHoverIn TheEvent OfLoss OfTheControl Link OrNavigation. Whenthe Control Link is lost, the DJI PHANTOM 2 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI PHANTOM 2 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will returnto the home position (i.e., failsafe mode) via GPS, and will descend to the takeoffposition and shutdown.



### ""'14""'A complete description ofthe Failsafe Functions ofthe DJI PHANTOM 2 UAS are setforth at pages 27 through 29 ofthe DJI PHANTOM 2 User Manuals

..
a. Flights OfDJI PHANTOM 2 UASs Will Be Conducted Pursuant To Specific Operating Limitations. In seekingthis exemption, I propose to commercially operate DJI PHANTOM 2 UASs for the purpose ofconducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant ofexemption will be limited to the following aircraft described inthe operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI PHANTOM 2Unmanned Aircraft Systems. Proposed operations ofany other aircraft will require a newpetition or a petitionto amend this grant. 2. UAS operations under this exemption will be limitedto conducting operations for the purpose ofaerial video andphotography. 3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 4. The UAmustbe operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated by the procedures specified inthe operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC mustbe in feet AGL. 5. The UAs mustbe operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use humanvision unaided by any device otherthan corrective lenses, as specified onthe PIC's FAA-issued airman medical certificate. 6. The use offirst person view (FPV) bythe PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC mustbe able to communicate verbally at all times. Electronic messaging ortexting is not permitted during flight operations. The PIC mustbe designated before the flight and cannot transfer his orher designation for the duration ofthe flight. The PIC must ensure thatthe SO canperform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other airtraffic and other ground based obstacles/obstructions and is not permittedto operate the camera orother instruments. 9. The operating documents andthe grant ofexemption mustbe accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists betweenthe conditions and limitations contained in the grant 

### "' 15 "'ofexemption andthe procedures outlinedin the operating documents, the conditions and limitations contained in the grant ofexemptiontake precedence and mustbe followed. Otherwise, the operator mustfollow the procedures as outlined in its operating documents. The operator may update orrevise its operating documents. Itis the operator's responsibilityto track such revisions and present updated and revised documents to the Administrator upon request. The operator must also presentupdated and revised documents ifitpetitions for extension or amendment to the grant ofexemption. Ifthe operator determines that any update orrevision would affect the basis upon whichthe FAA granted the exemption, then the operator mustpetition for amendmentto its grant of exemption. The FAA'sUAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Priorto eachflight the PIC must inspect the UAS to ensure that itis ina condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraftis prohibitedfrom operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Stationmustbe included inthe preflight inspection. All maintenance and alterations must be properly documented inthe aircraft records. 11. Any UAS that has undergone maintenance or alterations that affectthe UAS operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight mustmake an entry in the aircraftrecords. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered inthe relevant sections ofthe operating documents. 13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements.
14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance withthe operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul componentparts mustbe noted in the aircraftrecords, including total time in service, description ofwork accomplished, and the signature ofthe authorized personreturning the UAS to service. 15. EachUASs operated underthis exemption must comply with all manufacturer Safety Bulletins. 16. The authorized personmustmake an entry in the aircraft record ofthe corrective actiontaken against discrepancies discovered between inspections.
17. The PIC mustpossess atleast a private pilot certificate and at least a current third- class medical certificate.18. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with howthe UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes oftraining the operator's PICs are permitted underthe terms ofthe exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.P.R.§ 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.P.R.§ 1.1. All operations must be conducted under visual meteorological conditions (VMC). Ifflight at night is required, a special request will be made at the FAA office closest to proposed area ofoperations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UAmay not operate within 5 nautical miles ofan 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 ofagreement with the airport management mustbe made available to the Administrator upon request. 21. The UAmay not be operated less than 400 feet below orless than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 22. Ifthe UA loses communications or loses its GPS signal, it must return to apredetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must abortthe flight inthe event ofunpredicted 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 remammg. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate ofWaiver or Authorization (COA) priorto conducting any operations underthe grant ofexemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, butnot less than 48 

### "' 17 "'hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class ofairspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemptionmust be identified by serial number, registered in accordance with 14 C.P.R. part 47, and have identification (N- Number) markings in accordance with 14 C.P.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UAmust comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.P.R. 91.9 and 91.203 must be available to the PIC atthe Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right ofway to all manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. Flight operations mustbe 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 presentthat sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operatortrainees or essential persons do not present an undue hazard to those persons per§ 91.119(a). 32. All operations shall be conducted overprivate or controlled-access property withpermission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.33. Any incident, accident, or flight operationthat transgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COA mustbe reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) perinstructions contained onthe NTSB Web site: www.ntsb.gov. 2. Reasons Why An Exemption From The Requirements OfSection 61.113(a) And (b) Would NotAdversely Affect Safety. I submitthatthe equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI PHANTOM 2 UASs except MARTIN L SMITH and that PIC has demonstrated, by meeting minimum flighthour and currency requirements, thatthe 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. Considering myproposed area ofoperations, and the operating limitations set forth-above; the parallel nature ofprivate pilot aeronautical knowledge requirements to those ofcommercial pilotrequirements (See ExemptionNo. 11062); and the airmanship skills necessary to safely operate the DJI PHANTOM 2UAS, I submit that the additional manned airmanship experience ofa commercially certificated pilot would not correlate to the airmanship skills necessary for my specific proposed flight operations. The FAA has previously granted relieffrom Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. ExemptionNos.11062, 11063,11064,11065,11066,11067,11080,11109,11110,11112, 11136,11138,11150,11153,11156,11158,11159,11160, 11161). I will not allow any PIC to operate the DJI PHANTOM 2 UAS except me and that PIC has demonstrated, by meeting minimum flight-hour requirements orthe 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 accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours oftotaltime as a UAS rotorcraft pilot (with a minimum of5 hours ofthose hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings inthe preceding 90 days (for currency purposes). As in ExemptionNos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level ofsafety during my proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In ExemptionNo. 11062, the FAA required thatprior to conducting operations for the purpose ofmotion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of 

### "' 19 "'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 ExemptionNo. 11062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make andmodel ofUAS 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. 5hours make and model time maybe included inthe 10 hours ofmulti-rotortime and the 10 hours may be included in the total25 hours ofUAS rotorcraft time. In additionto the hour requirements, the PIC must accomplish 3 takeoffs and landings inthe preceding 90 days (for currency purposes). The FAAfinds that at a minimum, the flight-hour requirements in ExemptionNo. 11062 are appropriate to practice and build proficiency inthe skills necessary to safely conductthe 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 conducted under the grant ofexemption to accomplishthe 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. ExemptionNo. 11138 atpage 15. Accordingly, I will ensure safe operations by not allowing any PIC to operate the DJI PHANTOM 2 UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, thatthe PIC is able to safely operate the DJI PHANTOM 2 UAS in a manner consistent withthe exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 3. Reasons Why An Exemption From The Requirements OfSection 91.7(a) Would NotAdversely Affect Safety. The equivalent level ofsafety established by Section 91.7(a) will be maintained because priorto every flight, I will ensure thatthe DJI PHANTOM 2 UAS is in an airworthy conditionbased upon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAAhas previously granted relieffrom Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,11138,11150,11153,11156,11157,11158,11159,11160, 11161).
4. Reasons Why An Exemption From The Requirements OfSection 91.121 Would NotAdversely Affect Safety. The equivalent level ofsafety established by Section 91.121 will be maintained because the altitude information ofthe DJI PHANTOM 2 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 ofthe flight path and altitude. This altitude information, combined with my operation ofthe DJI PHANTOM 2 UAs within visual lineofsight, at orbelow400 feet AGL, will ensure a level ofsafety 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 initiationpoint is automatically established by the UASs at ground level. The FAAhas previously granted relieffrom 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 TheRequirements OfSection 91.151(b) Would Not Adversely Affect Safety. A grant ofthis exemption would ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b) as a result of(l)the technical specifications ofthe DJI PHANTOM 2 UASs; (2) the limitations onthe proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, I will ensure that it will safely operate the battery powered DJI PHANTOM 2UAs during daylight hours in VFR conditions, with enough battery powerto fly for a total duration of 15 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in ExemptionNo. Ill09, the technical specifications ofthe DJI PHANTOM 2 UASs; the limitations onthe proposed flight operations; and the location of the proposed operations, will ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI PHANTOM 2UASs provide audible and visual warnings to the PIC at the GCS whenthe UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. Atthe critically lowbattery level, the DJI Phantom3 UASs will descend and land automatically. Significantly, previous exemptions granted bythe FAA concerning Section 91.151 establish that safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. Reliefhas been granted for manned aircraftto operate at less than the minimums prescribed in Section 91.151, including ExemptionNos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. ExemptionNos. 8811, 10808, 10673, 11042, 11062, 11063, 11064,11065,11066,11067,11080,11109,11110,11136,11138,11150,11153,11156, 11157,11158,11159,11160, 11161). 

### 6. Reasons Why An Exemption From TheRequirements OfSections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b) Would Not Adversely Affect Safety. In seeking this exemption, I submit that the equivalent level ofsafety with regard to the regulatory maintenance and alterationrequirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) will be met because AERIAL IMPRESSIONS will use trained technicians to perform maintenance, alterations, or preventive maintenance onthe UASs using the methods, techniques, and practices 

### "' 21 "'prescribed in the operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual). Furthermore, I will document and maintain all maintenance records for the DJI PHANTOM 2 UASs. Likewise, the exemption sought will not adversely affect safety because I will use my experience to perform maintenance, alterations orpreventive maintenance onthe UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level ofsafety establishedby Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI PHANTOM 2 UASs will be performed by me. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establishthat safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. In consideration ofmy proposed operating limitations, the operating documents, and the technical aspects ofthe DJI PHANTOM 2 UASs, I submitthat safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,11136,11138,11150,11153,11156,11157,11158,11159,11160, 11161).
7. The FAA May PrescribeAny OtherConditions For Safe Operation. In accordance with Section 333 oftheFAAModernization and Reform Act of2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, I request thatthe FAA prescribe special conditions for the intended operation ofthe DJI PHANTOM 2 UASs, which contain such safety standards that the Administrator finds necessary to establish a level ofsafety equivalentto that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation oftheUAs for the limited purpose ofconducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users oftheNAS or the public, or otherwise pose a threatto national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation ofthe UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation ofthe DJI PHANTOM 2 UASs, 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 ofthe aircraft. Section 21.16, entitled Special Conditions, states the following: Ifthe FAA finds that the airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, orpropeller because ofa novel or unusual design feature ofthe 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 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessaryto establish a level ofsafety equivalent to that established in the regulations. See 14 C.F.R. 

### § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge's intended operation ofthe DJI PHANTOM 2 UASs, which contain such safety standards that the Administrator finds necessary to establish a level ofsafety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b).



### F. A Summary That Can Be Published In TheFederalRegister, stating: The Rules FromWhich MARTIN L SMITH Seeks Exemption:
MARTINL SMITHseeks exemptionfrom 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), and91.417(a) & (b).


### A BriefDescription OfTheNature OfTheExemption MARTIN L SMITH Seeks: This exemption willpermitMARTINL SMITHto commercially operate an UnmannedAircraftSystem (UAS)for thepurpose of conductingaerialvideo and photography over certain areas of the UnitedStates. 

### G. Any Additional Information, Views, OrArguments Available To Support MARTIN L SMITH's Request. This Petition is made pursuant to the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportationto determine ifcertain UAS may operate safely in the NAS. As such, MARTIN L SMITH'srequest for exemption may be granted pursuant to the authority ofFMRA 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 ofthe 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, MARTIN L SMITH will operate the DJI PHANTOM 2 UASs safely inthe NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose a threatto national security. 

### CONCLUSION 

### "' 23 "'As set forth herein, MARTIN L SMITH seeks an exemptionpursuant to 14 C.F.R. 

### § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI PHANTOM 2 UASs commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography over certain areas ofthe United States. By granting this Petition, the FAA Administratorwill be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing MARTIN L SMITHto safely, efficiently, and economically operate the DJI PHANTOM 2 UASs commercially within the NAS. WHEREFORE, in accordance withthe Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, MARTIN L SMITH respectfully requests thatthe 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)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI PHANTOM 2 UASs commercially for the purpose ofconducting aerial video and photography over certain areas ofthe United States. Dated: April 22, 2015

Respectfully submitted,
MARTIN L SMITH

# c::i~,

Appendices:
A- DJI PHANTOM 2 Specifications Data Sheet B

- Monthly Maintenance Log

'V 

### 24 'V 13652 County Road 180Carthage, MO 64836 Tel: (417) 358 0826APPENDIX-A


### DJI PHANTOM 2 TECHNICAL SPECIFICATIONS
I onlyutilize 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 setparameters which will not allow flight into controlled airspace. Parameters can also be setto limit flight to no higherthan a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location informationto the PIC viathe linked monitor (smart phone/tablet devices)
PHANTOM2 Purchased from DJI.com PHANTOM 2 Specs. 

### Weight (IncludingBatteryAnd Propellers) 1300 g 

### Diagonal Size (IncludingPropellers) 590mm 

### MaxAscent Speed 6 m/s 

### Max Descent Speed 2 m/s 

### HoverAccuracy Vertical: +/- 80 em Horizontal:+/- 2m 

### Max Speed 15 m/s (ATTI mode, no wind) 

### MaxAltitude Above SeaLevel 6000m 

### OperatingTemperature -l0°C to 50°C 

### GPS Mode GPS/GLONASS


### OperatingFrequency 2.400 GHz-2.483 GHz 

### MaxDistance 1

OOOm (outdoors and unobstructed) PHANTOM 2 Pre-Flight Inspection Check List Pre-Flight Check List o Visual inspection for defects o Batteries fully charged and checked- Transmitter, UAS, iPad, iPhone,


### "' 25 "'

### approved/compatible device o Props tightened and locked o SD card in camera o Lens cap removed (As necessary) o Antennae up and parallel o Transmittertumed on (press once, release, then press and hold for 3 seconds)
o Ensure Transmitter is in P Mode o UAS turned on (press once, release, then press and hold for 3 seconds) o Flick the transformation switch on transmitterup and down 4 times quickly to convert from travel mode to flight mode or use the app o DJI Pilot app quit and restarted, no otherrunning apps on iPad o Tap bar at top ofapp (Safe to Fly GPS) for full status o Maps are cached (move the map around, zoom in an out) o Minimum return height adjusted (check for tallest object and set accordingly) o UAS placed in safe launch and recover position o Home point reprogrammed via app o Area clear ofpeople I 

### obstructions
Flight Check List o Hover close for 20 seconds. Look I 

### Listen for defects o Confirm expected stick operation o Monitor battery power o Monitor signal strength o Keep line-of-sight with UAS Ensure area/zone ofintended flight path is clear ofother aerial traffic. Ensure area/zone ofintended flight path is clear ofany electrical/power lines Ensure atmospheric conditions arc optimal for safe operation ofUAV/UAS
Select a safe zone to "ditch" the UAV /UAS in the event an emergency landing is required



### "' 26 "'

### PHANTOM Flying Flowchart V1.0 (Simplified Version) This flowchart is aiming at help yoo to getfamiliarwith

### too flying procedures of PHANTor.', please read the Manua.l carefullyto getthe operation details. 11s corresponding Firrnv.'<lre Verslon is V3 0

L



# .........



# .........**Sw~ch** on the transmitte-r, and then power oo the PHANTOM.

Sense< ErrorTro ELg LEO:Red+ Green+Yellow**•~** Compass Errcr Too B;g 

## !-------+( LED:Red+YeiiC¥1)- _. "-------•IIf Red LED appe.ars in the lastfour greE<n flashes. !he autoplot**s~!em** cannClC WOlt.

Gre.:" Part m"ans normal procedures: ---..,. m..ans regubrslluation.

- - [I> m"ansselectable orpossill" situation. P'r"TH1 !ells the detais. Rl!d Partmeans possible aboonnal situation. Pan is possible in nonma! orabnormal sill.lation, reqwe yoo to coo1irm by lheTi>>1 fordelads. Part is thee condition oflhe normal situation. Pui'J)le Part is the condition ofthe abnormal situation.

### APPENDIX-B

**MONTHLY9VJAINTENANCE~OG** month:_ lvear:



# ~ Date(lssue{ Date(lssue( lssue(Description(&(Maintenance(Conducted 

## ....... .,

### .. Discovered Addressed ''I' ,i.,

,... '" 

## ..

# ..
Airframe(
Engines
Propellers

........,u....u.,
Landing(Gear

I "0

Other: