1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

NEW VIEW PRODUCTIONS, LLC FOR AN EXEMPTION SEEKING RELIEF 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 UNMANNED AIRCRAFT SYSTE MS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on September 29 , 2015

New View Productions, LLC Kyle Charette (owner/operator) 211C Brittany Farms Road New Britain, CT 06053 Tel: ( 860) 978

- 2851 Kyle@NewViewProductions.com2 TABLE OF CONTENTS

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

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

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

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

BASIS FOR PETITION......................................................................................................... 4

NAME AND ADDRESS OF PETITIONER............................................................. 6

THE SPECIFIC SECTIONS OF 1 4 C.F.R. FROM WHICH NEW VIEW PRODUCTIONS, LLC

, SEEKS

EXEMPTION...................................

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

THE EXTENT OF RELIEF NEW VIEW PRODUCTIONS, LLC

, SEEKS AND THE

REASON NEW VIEW PRODUCTIONS, LLC

, SEEKS THE

RELIEF...

..................... ........................ .9

THE REASONS WHY GRANTING NEW VIEW PRODUCTIONS, LLC

, REQUEST

WOULD

BE IN THE PUBLIC INTEREST .........

... .... ................... .............................1 1

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFF ECT S AFETY................

.......... ................................................1 3

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...... 23

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT CINEMACAPTURE VIDEOGRAPHY’S REQUEST...

............................................................................................................ 2 3

CONCLUSION...................................................................................................................

. 23

APPENDICES............

............................................................ . ................ 2 43 GLOSSARY OF ABBREVIATIONS

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 Authoriza tion

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

PIC Pilot In Command

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

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 Landing4 SUMMARY

New View Productions, LLC

, seek s 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 Unma nned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit me to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for construction companies, development companies, engineering companies, inspection companies, architectural firms, real

- estate companies, universities, farms, restaurants, vineyards, sporting events, car shows, amusement parks, fairs and other businesses in the United

States.

INTRODUCTION AND INTERESTS OF THE PETITIONER New View Productions, LLC

, provide s clients with aerial video and photography production using Unmanned Aerial Vehicles (UAVs.) This includes; capturing footage , editing and producing this footage with audio, titles, and text, according to the requests of the customer, and delivering the final product in a variety of formats. Petitioner has over 20 years of photography and videography experience including working with wedd ings, sporting events, corporate work, and nature/landscape photography, in addition to aerial video and photography production. Petitioner ha s over 2 year s of recreational/hobby experience in all aspects of aerial video and photography.

BACKGROUND Unmanned Aircraft Systems: DJI Phantom 2

New View Productions, LLC

, seek s an exem ption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic systems. The DJI Phantom 2 has a maximum gross weight of approximately 1280 gram s , while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 2 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2 will be operated by New View Productions, LLC

, and 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

.

BASIS FOR PETITION Petitioner, New View Productions, 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 commer cially operate the DJI Phantom 2 UAS in the National Airspace5

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, New View Productions, LLC

, will meet 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, New View Productions, LLC

, request s 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 requireme nts for maintenance that only apply to aircraft with an airworthiness certificate. New View Productions, LLC

, submit s that the requested relief is proper since an equivalent level of safety will be ensured. Petitioner will use his experience to perform

ma intenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2 Instruction Manual). Furthermor e, Petitioner will document and maintain all

maintenance records for the DJI Phantom 2 UAS

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command

, is requested by New View Productions, LLC

, to the extent necessary to allow a Pilot in Command (PIC) by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. New View Productions, LLC

, seek s relief from Section 91.7(a), entitled Civil aircraft

ai rworthiness

, because the DJI Phantom 2 UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, New View Productions, LLC will ensure that the 3 UASs are in an airworthy condit ion, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2 Instruction Manual), and that the aircraft are in a condition for safe f light. New View Productions, LLC

, also seek s an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 UA s will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the f light path. This altitude information, combined with my operation of the DJI Phantom 2 UASs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, New View Productions, LLC

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

. New View Productions, LLC

, submit s that safety will not be affected by operation of the DJI Phantom 2 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 15 minutes to the first point of intended landing and, assuming n ormal cruising speed, to fly after that for at least

4.5 minutes. In accordance with 14 C.F.R. § 11.81, New View Productions, LLC

, provides the following information in support of its petition for exemption:6

A. Name And Address Of The Petitioner :

New V iew Productions, LLC Kyle Charette (owner/operator) 211C Brittany Farms Road New Britain, CT 06053 Tel: ( 860) 978

- 2851

Email: kyle@newviewproductions.com

B. The Specific Sections Of 14 C.F.R. from Which New View Productions, LLC

, S eeks Exemp tion.

1. New View Productions, LLC

, Seek s Exemption From The Requirements Of Section 61.113(a) And (b).

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

, subsections (a) and (b) prescribe the following, in relevant part : (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A pri vate pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

—

(1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compens ation or hire.

2. New View Productions, LLC

, Seek s Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil A ircraft A irworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an a irworthy condition.

3. New View Productions, LLC

, Seek s 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;7 (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped w ith a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

4. New View Productions, LLC

, Seek s Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for f light in VFR conditions , subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended la nding and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. New View Productions, LLC

, Seek s Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the follo wing: 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. New View Productions, LLC

, Seek s 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) It has been approved for return to service by a person authorized under § 43.7 of this chapter.

7. New V iew Productions, LLC

, Seek s 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:8

(a) Except as provided in paragraph (c) of this section, no person may oper ate 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 ins pection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. New View Productions, LLC

, Seek s Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , su bsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

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

of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appli ance 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 air frame, 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 tim e since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.9 (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of complian ce, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major

alteratio n 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 retaine d until the work is repeated or superseded by other work or for 1 year 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.

(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 New View Productions, LLC

, Seek s And Th e Reason New View Productions, LLC

, Seek s The Relief.

1 . Extent Of Relief New View Productions, LLC

, Seek s And The Reason New View Productions, LLC

, Seek s 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 curre ncy 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 pr ivate pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensa tion or hire. As set forth more fully below, New View Productions, LLC

, submit s that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS except for the petitioner

. Further, New View Productions, LLC submit s that all flights of the DJI Phantom 2 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to petitioner and (2) will not carry passengers or pro perty for compensation or hire.10

2. Extent Of Relief New View Productions, LLC

, Seek s And The Reason New View Productions, LLC

, Seek s Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the ext ent required to allow New View Productions, LLC

, to determine that the DJI Phantom 2 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the

operat ing documents (i.e., Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual). New View Productions, LLC

, seek s the requested relief because the DJI Phantom 2

UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, New View Productions, LLC

, will ensure that the 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) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and

limit ations below.

3. Extent Of Relief New View Productions, LLC

, Seek s And The Reason New View Productions, LLC

, Seek s Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJI Phantom 2 UASs, 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 con trol 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), New View Productions, LLC

, seek s the requested relief because the

DJI Phantom 2 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 i s sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the

DJI Phantom 2 UAs 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 New View Productions, LLC

, Seek s And The Reason New View Productions, LLC

, Seek s Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJI Phantom 2 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended land ing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. New View Productions, LLC

, seek s the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phant om 2 UAs will severely constrain the practicality of any aerial video or still photo flight operations that New View Productions, LLC

, proposes to conduct pursuant to this Petition.11

Significantly, as set forth below, the technical s pecifications of the DJI Phantom 2 UASs,

the DJI Phantom 2 operating documents, and New View Productions, LLC

, proposed operating limitations, ensure that New View Productions, LLC

, will safely op erate the battery powered DJI

Phantom 2 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first p oint of intended landing and, assuming normal cruising speed, to fly after that for at least

4.5 minutes.

5. Extent Of Relief New View Productions, LLC

, Seek s And The Reason New View Productions, LLC

, Seek s 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, New View Productions, LLC

, request s relief

from 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 of FMRA Section 333 for operation without an airworthine ss certificate. Accordingly

, New View Productions,

LLC

, will perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Operations Manual, Monthl y Maintenance Log, and DJI Phantom 2 Instruction Manual). Furthermore, New View Productions, LLC

, will document and maintain all maintenance records

for the DJI Phantom 2 UASs.

D. The Reasons Wh y Granting New View Productions, LLC ’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest

, by allowing New View Productions, LLC

, t o safely, efficien tly, and economically perform aerial video and photography

for companies needing safe video and photography services

. Additionally, use of the DJI

Phantom 2 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of New View Pro ductions, LLC

, proposed operation of the DJI Phantom 2 UASs will be realized without implicating any privacy issues.

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

The DJI Phantom 2 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 UAS would reduce the 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 on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI

Phantom 2 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.12

2. The Publ ic Will Benefit From The Safety And Efficiency Of The DJI Phantom 2

UASs.

Conducting aerial acquisitions with the DJI Phantom 2 UASs, instead of manned aircraft, will greatly benefit the public b y drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 2 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 co mbustion engine. By using the DJI Phantom 2 UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight oper ations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 UAs (weighing approximately 2 pounds 11 ounces, at maximum gross weight s 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 in the air, compared to the manned aircraft that typically conduct similar operations (w eighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2

UASs Will Be nefit The Economy.

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 of

the DJI Phantom 2 UASs will allow United States based companies, like New View Productions,

LLC

, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protecti on 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 UA Ss 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 of a traditional manned aircraft. By operating the DJI Phantom 2 UASs, companies such as New View Productions, LLC

, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Impro ved financial performance of U.S. companies, through commercial use of the DJI 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. There Are No Privacy Issues.13

Similar to the manned aerial acquisition flight operations that have been conducted for decades, New View Produ ctions, LLC

, proposed operation of the 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 accordan ce 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 I Seek Exemption.

1. Reasons Why The DJI Phantom 2 UAs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, s peed, and limited operating area associated with the unmanned aircraft and its operation, my operation of the DJI Phantom 2 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in acc ordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwi se pose a threat to national security. Specifically, 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 Secreta ry of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Ac t.

(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 c apability, 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 Secr etary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace14 system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, New View Productions, LLC

, submit s that the DJI Phantom 2 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 2 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 UASs Demonstrate Its Safe

Characteristics.

The DJI Phantom 2 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 UASs.

The technical specifications of the DJI Phantom 2 UASs are set forth by the DJI Phantom

2 Specifications and Data Sheet.

ii. The DJI Phantom 2 UASs Autonomous Flight And Navigation Modes Enable The UASs 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 of the flight and navigational modes of the DJI Phantom 2 UASs

is available on

- line at DJI Phant om 2 User Manual

.

iii. The DJI Phantom 2 UASs Are Designed For Automatic Return To Home

Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 UAs 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 return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and

shutdown. A complete description of the Failsafe Functions of the DJI Phantom 2 UASs is available

on

- line at DJI Phantom 2

.

a. Flights Of DJI Phantom 2 UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, New View Productions, LLC

, propose s to commercially

operate DJI Phantom 2 UASs for the purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the opera ting documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Unmanned Aircraft Systems.15 Proposed operations of any other aircraft will require a new petition or a petition to amend this gran t.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

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

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

in feet AGL.

5. The UAs must be operated withi n visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

6. The use of first person vi ew (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and

PIC must be able to co mmunicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The

PIC must ensure that the SO can perform the functions prescribed in the operating

documents.

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

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations cont ained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present u pdated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for a mendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

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

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a c ondition for safe flight. If the inspection reveals a condition that affects the safe operation of the16 UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flig ht. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

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

light characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

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

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul c omponent parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

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

Bulletins.

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

17. The operator may not permit any PIC to operate unless the P IC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption.

How ever, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

1 8 . UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not

authorized.17

19 . The UA may not operate within 5 nautical miles of an airport r eference point as

denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of

agre ement with the airport management must be made available to the Administrator

upon request.

2 0 . The UA may not be operated less than 400 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

2 1 . If the UA loses communications or loses its GPS signal, it must return to a pre

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

2 2 . The PIC must abort the flight in t he event of unpredicted obstacles or emergencies in accordance with the operating documents.

2 3 . The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

2 4 . The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of

exem ption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements

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

2 5 . All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have iden tification (N

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

2 6 . Before conducting operations the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

2 7 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is oper ating. These documents must be made available to the Administrator or any law enforcement official upon request.

2 8 . The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

29 . The UAS may not be operated by the PIC from any moving device or vehicle.18

3 0 . Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structur es unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a

situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

3 1 . All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission

f rom land owner/controller or authorized representative will be obtained for each flight to be conducted.

3 2 . Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applic able COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.nt sb.gov

.

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

New View Productions, LLC

, submit s that the equivalent level of safety established by Section 61.113(a) and (b) will be maintaine d because no PIC will be allowed to operate the DJI

Phantom 2 UASs except New View Productions, LLC

, a nd that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely opera te
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 New View Productio ns, LLC ’s, proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills n ecessary to safely operate the DJI Phantom 2 UAS, New View Productions,

LLC

, submit s that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for New View Productions, LLC ’s

, specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.19

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

, will not allow any PIC to operate the DJI Phantom 2 UAS

except p etitioner and that PIC has demonstrated, by meeting minimum flight

- hour requirements

or the DJI Phantom 2 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent 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 consi stent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requ irements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will e nsure an equivalent level of safety 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 Exemptio n No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a

UAS roto rcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make

and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the

10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirem ents in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with

ap plicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building

fli ghts the PIC is required to operate the UA with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingly, New View Productions, LLC

, will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI

Phantom 2 UAS in a manner consistent with the e xemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.20

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equival ent level of safety established by Section 91.7(a) will be maintained because prior to every flight, New View Productions, LLC

, will ensure that the DJI Phantom 2 UAS is in an airworthy condition based upon the UAS’s complianc e 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 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 Of Section 91.121 Would Not Adversely Affe ct Safety.

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

the altitude information of the DJI Phantom 2 UAs will be provided to the PIC via GPS equipment and a radio communications te lemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with my operation of the DJI Phantom 2 UAs within visual line of sight, at or below 400 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 UASs 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, 11 109, 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 s afety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight ope rations. Accordingly, New View Productions, LLC

, will ensure that it will safely operate the battery powered DJI Phantom 2 UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 1 5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 UASs; the l imitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the cr itically low battery level, the DJI Phantom3 UASs will descend and land automatically.21

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and o perating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief f rom Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 111 56, 11157, 11158, 11159, 11160, 11161).

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.

In seeking this exemption, New View Productions , LLC

, submit that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because New View Productions, L LC

, will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices 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 New View Productions, LLC

, will use my experience to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintai n an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI

Phantom 2 UASs will be performed by me. Maintenance will be documented and maintained utilizing the mo nthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and ope rating limitations of the UAS are considered. In consideration of my proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 UASs, I submit that safety will not be adversely aff ected 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. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

In accordance with Sect ion 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions

, New View Productions, LLC

, request s that the FAA prescribe special conditions for the intended operation of the DJI Phantom

2 UASs, which contain such safety standards that the Administrator finds necessary to establish a2 2

level of safety equivalent to 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), 91.4 05(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 hi re. 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 airw orthiness 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 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 of the aircraft. Section 21.16, entitled Special Condition s , 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 airc raft, 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 Leading Edge’s intended operation of the DJI Phantom 2 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Su bpart H, and 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).

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

Which I Seek Exemption:

N ew View Productions, 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 I Seek :

This exemption will permit New View Productions, LLC

, to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support New View Productions, LLC

, Request.23

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS

may operate s afely in the NAS. As such, New View Productions, LLC ’s request for exemption may be granted pursuant to the authority of 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, New View Productions, LLC

, will operate the DJI Phantom

2 UASs 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, New View Production s, 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 operation of the DJI Phantom 2 UASs commercially, without an

airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing New View Productions, LLC

, to safely, efficiently, and economically operate the DJI Phantom 2 UASs commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, New View Productions, LLC

, respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14

C.F.R Sections 61. 113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit New View Productions, LLC

, to operate
the DJI Phantom 2 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: September 29 , 2015

Respectfully submitted,

_________________________

New View Productions, LLC Kyle Charette (owner/operator) 211C Brittany Farms Road New Britain, CT 06053 Tel: ( 860) 978

- 2851 Kyle@NewViewProductions.com24

APPENDICES:

Appendix A

– DJI Phantom 2 Technical Specifications Appendix B

- Phantom 2 Pre

- Flight Inspection Check List Appendix C

– Phantom Flying Flowchart Appendix D

– Monthly Maintenance Log

APPENDIX A

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS

New View Productions, LLC

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

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

.

Phantom 2

General Specs. Weight (Including Battery And Propellers) 1280 g Diagonal Size (Including Propellers)

590 mm Max Ascent Speed

5 m/s Max Descent Speed

3 m/s Hover Accuracy

Vertical: +/

- 10cm

Horizonta l: +/

- 1m Max Speed 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS

Camera

Sensor Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens FOV 94° 20 mm (35 mm format equ ivalent) f/2.8, focus at ∞ ISO Range

100

- 3200 (video) 100

- 1600 (photo)25

Shutter Speed

8s

- 1/8000s Image Max Size

4000 x 3000 Still Photography Modes Single Shot Burst Shooting: 3/5/7 shots Auto Exposure Bracketing (AEB): 3/5

Bracketed Frames at 0.7EV Bias

T ime

- lapse Video Recording Modes

Phantom 2 FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 Supp orted SD Card Types

Micro SD Max capacity: 64 GB. Class 10 or UHS

- 1 rating required Max Bitrate Of Video Storage 60 Mbps Supported File Formats

FAT32/exFAT Photo: JPEG, DNG Video: MP4, MOV (MPEG

- 4 AVC/H.264) Operating Temperature

0°C to 40°C

Gimbal

Control lable Range

Pitch

- 90° to +30°

Stabilization

3

- axis (pitch, roll, yaw) Vision Positioning Max Velocity Less than 8 m/s (when 2 m above ground) Altitude Range

30 cm

- 300 cm Operating Range

30 cm

- 300 cm Operating Environment Surface with clear pattern and ade quate lighting (Lux > 15)

Remote Controller Operating Frequency

2.400 GHz

- 2.483 GHz

Max Distance 2000m (outdoors and unobstructed) Video Output Port

USB Operating Temperature 1.12627 A PPENDIX B

Phantom 2 Pre

- Flight Inspection Check List

Pre

- Flight Check List

 Visual inspection for defects

 Batteries fully charged and checked

- Transmitter, UAS, iPad, iPhone, approved/compatible device

 Props tightened and locked

 SD card in camera

 Lens cap removed (As necessary)

 Antennae up and parallel

 Transmitter turned on (press once, release, then press and hold for 3 seconds)

 Ensure Transmitter is in P Mode

 UAS turned on (press once, release, then pr ess and hold for 3 seconds)

 Flick the transformation switch on transmitter up and down 4 times quickly to convert from travel mode to flight mode or use the app

 DJI Pilot app quit and restarted, no other running apps on iPad

 Tap bar at top of app (Safe to Fly GPS) for full status

 Maps are cached (move the map around, zoom in an out)

 Minimum return height adjusted (check for tallest object and set accordingly)

 UAS placed in safe launch and recover positi on

 Home point reprogrammed via app

 Area clear of people / obstructions

Flight Check List

 Hover close for 20 seconds. Look / Listen for defects

 Confirm expected stick operation

 Monitor battery power

 Mon itor signal strength

 Keep line

- of

- sight with UAS

o Ensure area/zone of intended flight path is clear of other aerial traffic.

o Ensure area/zone of intended flight path is clear of any electrical/power lines

o Ensure atmospheric conditions are optimal for safe operation of UAV/UAS

Select a safe zone to “ditch” the UAV/UAS in the event an emergency landing is required28 A PPENDIX C29 A PPENDIX D