1 UNITED	STATES	OF	AMERICA DEPARTMENT	OF	TRANSPORTATION FEDERAL	AVIATION	ADMINISTRATION WASHINGTON,	DC

Regulatory	Docket	No.	_______________

IN	THE	MATTER	OF	THE	PETITION	FOR	EXEMPTION	OF: WALTER	G	ARCE,	SR.

FOR	AN	EXEMPTION	SEEKING	RELIEF	FROM	TH E	REQUIREMENTS	OF TITLE	14	OF	THE	CODE	OF	FEDERAL	REGULATIONS SECTIONS	61.113(a)	&	(b),	91.7(a),	91.121,	91.151(b),	91.405(a), 91.407(a)(1), 91.409(a)(1)	&	(a)(2),	AND	91.417(a)	&	(b)	CONCERNING	COMMERCIAL OPERATION	OF	DJI	PHANTOM	2	VISION+	AND	DJI	INSPIRE 1	UNMANNED AIRCRAFT	SYSTEMS PURSUANT	TO	SECTION	333	OF THE	FAA	MODERNIZATION	AND	REFORM	ACT	OF	2012 (PUBLIC	LAW	112

- 95)

Submitted	on November 5 ,	2015

Walter	G.	Arce ,	Sr. 5528	Hammermill	Drive

Harrisburg,	NC	280752 TABLE	OF	CONTENTS

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

.......................... .......3 SUMMARY...................................................................

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

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

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

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

... ................ .. .. . .......................... .....7 THE	 SPECIFIC	 SECTIONS	 OF	 14	 C.F.R.	 FROM	 WHICH WALTER	 G	 ARCE	 SR SEEKS EXEMPT ION..........

................................................. .................... ........ .. .... .............................................. .. ...8 THE	EXTENT	OF	RELIEF WALTER	G	ARCE	SR SEEKS	AND	THE	REASON WALTER	G	ARCE	SR SEEKS	THE	RELIEF.......

............. .......................... ......... ........ .............. .. .....11 THE	REASONS	WHY	GRANTING WALTER	G	ARCE	SR REQUEST	WOULD BE	IN	THE PUBLIC	INTEREST	...........................

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

................ ........................... ............. .............. .............................. ........17 CONCLUSION..........................................................................

........................... .............................. . .........323 **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	Authorization FAA Federal	Aviation	Administration FAR Federal	Aviation	Regulation GCS Ground	C ontrol	Station GPS Global	Positioning	System LOL Loss	of	Link NAS National	Airspace	System NOTAM Notice	to	Airman PIC Pilot	In	Comm and Section	333 FAA	Modernization	and	Reform	Act	of	2012	(FMRA) SO Safety	Observer SOP Standard	Operating	Procedures UA Unmanned	Aircraft UAS Unmanned	Aircraft	System VFR																										Visual	Flight	Rules VLOS Visual	Line	of	Site VMC Visual	Meteorological	Conditions VTOL Vertical	Takeoff	and	Landing4 **SUMMARY**

Walter G. Arce seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit
Walter G. Arce to operate an Unmanned Aircraft System ( UAS) for the commercial

purpose of conducting aerial video and photography of to be used in weddings, special

eve nts, sporting events, inspection purposes, real estate and news reports over certain
areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**

My name is Walter G. Arce , I am 51 years old, with a 10 year military career in Marine Corp s Aviation

. I was a UH

- 1N Huey crew member and was assigned to HMX

- 1 with President Reagan from 1985

- 1988. My areas of interests include photography, and flying. I hold a private pilot certificate with high performance and complex ratings as well as a curr ent third class medical certificate . I have logged close to 600 hrs as pilot in command of small single engine aircraft . I also hold a valid airframes and powerplants
license since 1989.

The objective is to start up a veteran owned small business Aeria l Video and Photography Service to provide high quality imaging for a variety of commercial and public uses, specifically targeting:

• Utilization for visual inspection of equipment and buildings.

• Video for Real Estate assessments

• Wedding an d Special Events.

• Coverage of Sporting Events.5 **BACKGROUND**

Unmanned Aircraft Systems: DJI Phantom 2 Vision+, DJI Inspire 1 UASs

Walter G. Arce seeks an exemption to operate DJI systems for compensation or hire
within the NAS. The DJI Phantom 2 Vision+ and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision+ has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 2 Vision+ and DJI Inspire 1UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs that will be operated by Walter G.
Arce 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 Registratio n Marking.

**BASIS FOR PETITION**

Petitioner, Walter G. Arce , 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 Airc raft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 2 Vision+, DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Walter G. Arce operation of DJI Phantom 2
Vision + and DJI Inspire 1 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Walter G. Arce requests relief from Sections 91.405(a), 91.40 7(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for6 maintenance that only apply to aircraft with an airworthiness certificate.

Walter G. Arce submits that the requested relief is proper since an equivalen t level of safety will be ensured. Walter G. Arce will use experienced personnel or technicians to perform maintenance, 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 Vision+ and DJI Inspire 1 Instruction Manual). Furthermore, Walter G. Arce will document and maintain all maintenance records for the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs.

Relief from certain re quirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Walter G. Arce to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as w ell as an airman medical certificate, and who has demonstra ted, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs in a manner consistent with this exemption, in cluding evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Walter G. Arce seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,
because the DJI Phantom 2 Vision+ an d DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such,
Walter G. Arce submits that he will ensure that the DJI Phantom 2 Vision+ and DJI Inspire 1UASs are in an airworthy condition, 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 Vision+ and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight.

Wa lter G. Arce also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altitude information of the DJI
Pha ntom 2 Vision+ and DJI Inspire 1UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This
altitude infor mation, combined with Walter G. Arce’s operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.7 Additionally, Walter G. Arce seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Walter G. Arce submits that safety will not be affected by operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 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 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that fo r at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Walter G. Arce provides the following information in support of its petition for exemption:

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

The	name	and	address	of	the	Petitioner	and	point	of	con tact	is: Walter	G.	Arce 5528	Hammermill	Drive Harrisburg,	NC	28075 Email:		warce@actionsportsinc.com

**B. The Spec ific Sections Of 14 C.F.R. From**  **Which Walter G. Arce**  **Seeks Exemption.**

**1. Walter G. Arce**  **Seeks Exemption From The Requirements Of Section 61.113(**  **a) And (b).**

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any bu siness 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. Walter G. Arce**  **Seeks Exemption From The Requirements Of Section 91.7(a).** 8 Section 91.7, entitled Civil aircraft airworthiness, subsection (a ), states the following:

No person may operate a civil aircraft unless it is in an airworthy condition.

**3. Walter G. Arce**  **Seeks Exemption From The Requirements Of Section**
**91.121.**

Section 91.121, entitled Altimeter settings, subsection (a), states the follo wing, 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 repor ted altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

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

or

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

**4. Walter G. Arce**  **Seeks Exemption From The Requirements Of Section 91.151( b).** 

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

(b), states the following:

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

**5. Walter G. Arce**  **Seeks Exemption From The Requirement Of Section 91.405(a).**

Section 91.405, entitled Maintenance req uired, subsection (a), states the following: Each owner or operator of an aircraft

—9 (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. Walter G. Arce**  **Seeks Exemption From The Requirements Of Section 91.407(a)(1)**

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding,
or alterati on, 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. Walter G. Arce**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).** 

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

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

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

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

**8. Walter G. Arce**  **Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).** 

Section 91.417, entitled Maintenance recor ds, subsections (a) and (b), state the following:

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

(1) Records of the maintenance, preventive maintenance, and alteration and records of the10 100

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

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

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate numbe r of the person approving the aircraft for
return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each

rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

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

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

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

a lteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is11 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 Walter G. Arce**  **Seeks And The Rea son**  **Walter G. Arce**
**Seeks The Relief.**

1. Extent Of Relief Walter G. Arce Seeks And The Reason Walter G. Arce Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:
Pilot i n command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the pro posed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any bus iness or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation
or hire.

As set forth more fully below, Walter G. Arce submits that an equivalent le vel of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+ UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels , vehicles
and structures.

Further, Walter G. Arce submits that all flights of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be12 incidental to Walter G. Arce’s business; and (2) will not carry passengers or property for compensation for hire.

**2. Extent Of Relief Walter G. Arce**  **Seeks And The Reason Walter G. Arce**  **Seeks Relief From Section 91.7(a).** 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is reques ted to the extent required to allow Walter G. Arce to determine that the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Walter G. A rce Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual).

Walter G. Arce seeks the requested relief because the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do not require an airworthiness certifi cate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Walter G. Arce will ensure that the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance L og, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and
limitations below.

**3. Extent Of Relief Walter G. Arce**  **Seek s And The Reason**  **Walter G. Arce Seeks** 
**Relief From Section 91.121.**

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, which utilize a barometric pres sure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be report ed to air traffic control (ATC) in feet above ground level (AGL),
Walter G. Arce seeks the requested relief because the DJI Phantom 2 Vision+ and DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric press ure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully s et forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs are equipped with13 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 CGS.

**4. Extent Of Relief Walter G. Arce**  **Seeks And The Reason Walter G. Arce**  **Seeks Relief From Section 91.151(b).** 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (V MC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at
least 4.5 minutes. Walter G. Arce seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight operations that Walter G. Arce proposes to cond uct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, the DJI Phantom 2 Vision+ and DJI Inspire 1 operating documents, and Walter G. Arce proposed operating limitations, ensure that Walter G.
Arce will safely operate the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that
for at least 45 minutes.

**5. Extent Of Relief**  **Walter G. Arce Seeks And The Reason**  **Walter G. Arce Seeks** 
**Relief From Sections 91. 405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) &**  **(b).**

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Walter G. Arce requests relief
from these Sections because the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation
without an ai rworthiness certificate. Accordingly, Walter G. Arce will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs14 using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the W alter G. Arce Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual). Furthermore, Walter G. Arce
will document and maintain all maintenance records for the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs.

**D. The Reasons Why Granting Walter G. Arce**  **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 Walter G.
Arce to safely, effic iently, and economically perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Walter G. Arce’s proposed operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will be realized without implicating any privacy issues.

**1. The Public Wi**  **ll Benefit From Decreased Congestion Of The NAS.**

The DJI Phantom 2 Vision+ and DJI Inspire 1 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 Vision+ or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as i ncrease 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 Vision+ and DJI Inspire 1 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 gro und, takeoff, departure, arrival and landing phases of flight operations.

**2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs.** 15 Conducting aerial acquisitions with the DJI Phantom 2 Vision+ a nd DJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and e lectric motors, the DJI Phantom 2 Vision+ and DJI Inspire 1 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 aer ial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+ and DJI Inspire 1 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 Vision+ and DJI Inspire 1 UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the gro und, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a len gth of 34 feet, and a fuel capacity of 180 gallons).

**3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Will Benefit The Economy.** 

In addition to being safe and efficient, the DJI Phantom 2 Vis ion+ and DJI Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will allow United States based companies, like Walter G. Ar ce to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated compani es must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UASs is one such technology16 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 Vision+ and DJI Inspire 1 UASs, companies such as Scott D Steppe, can remain competitive and profitable, and t herefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 2 Vision+ and DJI Inspire 1 UA Ss, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive
both in the United States and abroad.

**4. There Are No Privacy Issues.** 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Walter G. Arce’s proposed operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will not implicate any privacy issues. Specif ically, the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the Walter G. Arce Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manua l) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

**E. The Reasons Why Granting The Exempti on 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**  **Walter G. Arce Seeks Exemption.** 

**1. Reasons Why The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs Meet**
**The Condit ions Of The FAA Modernization and Reform Act of 2012**  **(FMRA) Section 333.**

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Walter G. Arce’s operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.17 Section 333 provides authority for a UAS to operate without airworthiness
certificat ion and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithsta nding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system befor e completion of the plan and rulemaking required by section 332 of this Act or the guidance required by
section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

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

--
(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and operating limitations.

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

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

In seeking this exemption, Walter G. Arce submits that the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specificati ons Of The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs** 
**Demonstrate Its Safe Characteristics**

.18 The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security c onsidering its size, weight, speed, and operational capability.

**i. Technical Specifications Of The DJI Phantom 2 Vision+ and DJI Inspire 1**
**UAS**

The technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs are set forth by the DJI P hantom 2 Vision+ and DJI Inspire 1 Specifications and Data Sheet,
attached hereto as Exhibit A and B.

**ii. The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined**  **Operational Area.**

The DJI Phantom 2 Vision+ and DJI Inspire 1 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 Vision+ and DJI Inspire 1 UASs is provided at pages 2 5

- 35 of the DJI Phantom 2 Vision+ and pages 12

- 16 and 45

- 50 of the DJI Inspire 1 User Manuals, attached hereto as Exhibit C and D.

**iii. The DJI Phantom 2 Vision+ and DJI Inspire 1 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 Vision+ and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+ and DJI Inspire 1 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 Vision+ UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 of the DJI Phantom 2 Vision+ and DJI Inspire 1 User Manuals, attached hereto as Exhibit C
and D.

**iv. The DJI Phantom 2 Vision+ and DJI Inspire 1 GCS And Its Operation.** 

A complete description of the operation and specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 GCS and flight control software is provided at pages 3219 through 43 of the DJI Phantom 2 Vision+ User Manual and pages 40 through 47 of the DJI Inspire 1 User Manual. DJI Phantom 2 Vision+ and DJI Inspire 1 User Manuals are
attached hereto as Exhibits C and D.

**b. Flight Operations Of DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Are**
**Limited To The Line Of Sight Of A Certificated Pilot in Command With A**  **Safety Observer.**

Walter G. Arce will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2
Vi sion+ and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots during flight time.

**c. Flights Of DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations.** 

In seeking this exemption, Wa lter G. Arce proposes to commercially operate DJI Phantom 2 Vision+ and DJI Inspire 1 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

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

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

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

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to
ATC must be in feet AGL.20 5. The UAs must be operated within 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 tha n corrective lenses, as specified on the PIC’s FAA

- issued airman medical
certificate.

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

7. All operations must utilize a safety observer (SO). The SO may be used t o satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated befo re 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 operate 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 contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the gra nt 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 re visions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any upda te or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revi sions to the operating documents.21 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the
aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the fun ctional 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 doc uments.

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 component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS
to service.

15. Each 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 a gainst discrepancies discovered between inspections.

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

class medical certificate.

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

oper ator’s qualification criteria and demonstrates the ability to safely operate the22 UAS in a manner consistent with how the 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 of training the operator’s PICs are permitted under the terms of the exemption. However, training op erations 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 appropria te distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

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

20. The UA may not operate within 5 nautical miles of an airport reference point a s denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the a irport management must be made available to the Administrator upon request.

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

22. If t he 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.

23. The PIC must abort the flight in the event of un predicted 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 speed23 to the intend ed landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This CO A 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 in cluding class of airspace, altitude level and potential transponder requirements.

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

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

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

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

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

30. The UAS may not be operated b y the PIC from any moving device or vehicle.

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

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation
arises where nonparticipating persons leave such protection and are within 50024 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 st ructures 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 pe rsons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

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

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

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

.

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

Walter G. Arce submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will b e allowed to operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs 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 Vision+ or DJI Inspire 1 UAS in a man ner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Walter G. Arce’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 necessary to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS, Walter G. Arce submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary
for Walter G. Arce’s specific proposed flight operations.25 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. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 111 53, 11156, 11158, 11159, 11160, 11161).

Walter G. Arce will not allow any PIC to operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces 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 of total time as a UAS rotorcraft pilot (with a minimum of
5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 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 ensure an equivalent level of safety during Walter G. Arce’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

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

- rotor UAS. P rior 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 the se 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 hour26 r equirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the sk ills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experie nce

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

- building flights the PIC is required to operate the UA with appropriate distances in accordance wit h 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Walter G. Arce will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency require ments, that the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and struc tures.

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

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Walter G. Arce will ensure that the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Sec tion 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, 1 1160, 11161).

**3. Reasons Why An Exemption From The Requirements Of Section 91.121 Would**  **Not Adversely Affect Safety.**

The equivalent level of safety established by Section 91.121 will be maintained
because the altitude information of the DJI Phantom 2 V ision+ and DJI Inspire 1 UAs2 7 will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined wit h Walter G. Arce’s operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment i nstalled 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 mat erial 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).

**4. Reasons Why An Exemption From The Requirements Of Sec**  **tion 91.151(b) Would Not Adversely Affect Safety.** 

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI
Phantom 2 Vision+ and DJI In spire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Walter G.
Arce will ensure that it will safely operate the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption N o. 11109, the technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs; the limitations 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. S ection 91.151(b). Furthermore, safety will be ensured as
the DJI Phantom 2 Vision+ and DJI Inspire 1 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 3 3% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom Vision+ and DJI Inspire 1 UASs will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned28 aircraft to operate at less than the minimums prescribe d in Section 91.151, including Exemption Nos. 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. Exemption Nos. 881 1, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**5. 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, Walter G. Arce submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.40 5(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be
met because Walter G. Arce will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribe d in the operating documents (i.e., the Walter G. Arce Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual). Furthermore, Walter G. Arce will document and maintain
all maintenance records for th e DJI Phantom 2 Vision+ and DJI Inspire 1 UASs.

Since the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, Walter G. Arce will maintain the equivalent level of safety established by Sections 91.405(a ), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 Vision+ and DJI Inspire 1 User Manuals are attached hereto as Exhibit C and D; a copy of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS Maintenance LOG is
attached hereto as Exhibit E.

Likewi se, the exemption sought will not adversely affect safety because Walter G.
Arce will use trained technicians 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 maintain 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 Vision+ and DJI Inspire 1 UASs will be performed by trained tec hnicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections29 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that saf ety is not adversely affected when the technical characteristics and operating limitations of
the UAS are considered.

In consideration of Walter G. Arce’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phanto m 2 Vision+ and DJI Inspire 1 UASs, Walter G. Arce submits that 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 reli ef 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 ).

**5. The FAA May Prescribe Any Other Conditions For Safe Operation.** 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Walter G. Arce requests that the FAA prescribe s pecial conditions for the intended operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 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, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 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 secu rity; 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 of the UAS in the NAS.

Likewise, the Administrator may prescribe spec ial conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 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 d esign features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not30 contain adequate or appropriate safety standards for an aircraft, aircraft engi ne, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapt er 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 Vision+ and DJI Inspire 1 UASs, which contain such safety standards t hat the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.4 17(a) & (b).

**A Summary That Can Be Published In The Federal Register, stating: The Rules**
**From Which Walter G. Arce**  **Seeks Exemption:**

Walter G. Arce 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 Walter G. Arce**  **Seeks:**

This exemption will permit Walter G. Arce to commercially operate an Unmanned Aircraft System (UAS) for t he purpose of conducting aerial video and photography over
certain areas of the United States.

**Any Additional Information, Views, Or Arguments Available To Support Walter G.** 
**Arce’s Request.** 

This Petition is made pursuant to the FAA Modernization and Reform Act of
2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Walter G. Arce’s request for exemption may be granted pursuant to the authority of FMRA Section 333 an d 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will31 create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the aut hority for such UAS to operate without
airworthiness certification.

As discussed in detail above, Walter G. Arce will operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the pu blic, or otherwise pos e a threat to national security.32 **CONCLUSION**

As set forth herein, Walter G. Arce 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 saf e operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 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 F AA 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 Walter G. Arce to safely, efficiently, and economically operate the DJI
Phantom 2 V ision+ and DJI Inspire 1 UASs commercially within the NAS.

**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Walter G. Arce 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 Leading Edge to operate the DJI
Phantom 2 Vision+ and DJI Ins pire 1 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: November 5,
201 5.

Respectfully submitted,

Walter G. Arce

5528 Hammermill Drive

Harrisburg, NC 28075

(704) 791

- 57 7 433 **Appendices:**

A

- DJI Phantom 2 Vision+ Specifications Data Sheet

B

- DJI Inspire 1 Specifications Data Sheet

C

– DJI Phantom 2 Vision+ Manufacturer’s User Manual

D

– DJI Inspire 1 Manufacturer’s User Manual

E

– Monthly Maintenance Log

**APP ENDIX** 

**– A** 

**DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS**

Walter G. Arce only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which w ill 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)

1.1 DJI Phantom 2 Vision+

1.1.1 Aircraft

1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity

- 200 /s34 1.1.1.5 Max Tilt Angel

- 35

1.1.1.6 Max Ascent Speed

– 6m/s

1.1.1.7 Max Descent Speed

– 2m/s

1.1.1.8 Max Flight Speed

– 15m/s (NOT RECO MMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy

- ±0.03

1.1.2.3 Controllable Range

– Pitch:

- 90

- 0

1.1.2.4 Maximum Angular Speed

– Pitch: 90 /s

1.1.3 Camera

1.1.3.1 Operating Temper ature Range

- 32 F

- 104 F (0 C

- 40 C)

1.1.3.2 Sensor Size

– 1/2.3”

1.1.3.3 Effective Pixels

– 14M

1.1.3.4 Resolution

– 4384x3288

4.1.3.5 HD Video Recording

– 1080p30 & 720p

4.1.3.6 Recording Field of View

- 110 /85

1.1.4 Transmitter

1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz35 1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm

1.1.4.4 Transmitter Power

– FCC Compliance: 100mW

1.1.4.5 Working Voltage

– 120m A@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency

– 2412

- 2462MHz

1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m

1.1.5.3 Transmitter Power

– 20dBm

1.1.5.4 Power Consumption

– 2W

**APPENDIX**

**– B** 

**DJI INS PIRE 1 TECHNICAL SPECIFICATIONS** 

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

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

2.2	DJI	Inspire	1

2.2.1	Aircraft36 2.2.1.1	Model

– T600

2.2.1.2	Weight	(Battery	Included)

– 6lbs	7.5291oz	(2935g)

2.2.1.3	Hovering	Accuracy	(GPS	Mode)

– Vertical:	0.5m;	Horizontal:	2.5m

2.2. 1.4	Max	Angular	Velocity

– Pitch:	3000/s;	Yaw:	1500/s

2.2.1.5	Max	Tilt	Angle

- 350

2.2.1.6	Max	Ascent	Speed

– 5m/s

2.2.1.7	Max	Descent	Speed

– 4m/s

2.2.1.8	Max	Speed

– 22m/s	(ATTI	mode,	no	wind

– NOT	RECOMMENDED)

2.2.1.9	Max	Flight	Altitude

– 4500m

2 .2.1.10	Max	Wind	Resistance

– 10m/s

2.2.1.11	Max	Flight	Time

– Approximately	18	minutes

2.2.1.12	Motor	Model

– DJI	3510

2.2.1.13	Propeller	Model

– DJI	1345

2.2.1.14	Operating	Temperature	Range

– 140F	to	1040F	(

- 100C	to	400C)

2.2.1.15	Dimensions

– 17	1 ⁄

4”	x	17	3⁄4”	x	12”

2.2.2	Gimbal

2.2.2.1	Model

– ZENMUSE	X3

2.2.2.2	Output	Power	(with	camera)

– Static:	9W;	In	Motion:	11W

2.2.2.3	Operating	Current

– Static:	750mA;	In	Motion:	900mA

2.2.2.4	Angular	Vibration	Range

- ±0.030

2.2.2.5	Mounting

– Detach able

2.2.2.6	Controllable	Range

– Pitch:

- 900	to	+300;	Pan:	±3200

2.2.2.7	Mechanical	Range

– Pitch:

- 1250	to	450;	Pan:	±3300

2.2.2.8	Max	Controllable	Speed

– Pitch:	1200/s;	Pan:	1800/s37 2.2.3	Camera

2.2.3.1	Name

– X3

2.2.3.2	Model

– FC350

2.2.3.3	Tot al	Pixels

– 12.76M

2.2.3.4	Effective	Pixels

– 12.4M

2.2.3.5	Image	Max	Size

– 4000x3000

2.2.3.6	ISO	Range

– 100

- 3200

2.2.3.7	Field	of	View

- 940

2.2.3.8	CMOS

– Sony	EXMOR	1/2.3”

2.2.3.9	HD	Video	Recording

– UHD(4K):	4096x2160p24/25,

3840x2160p24/25/3 0;	FHD:	1920x1080p24/25/30/48/50/60;	HD:

1280x720p24/25/30/48/50/60

2.2.3.10	Operating	Temperature	Range

- 320F

- 1040F	(00C

- 400C)

2.2.4	Transmitter

2.2.4.1	Name

– C1

2.2.4.2	Operating	Frequency

– 5.728

- 5.850GHz;	2.400

- 2.483GHz

2.2.4.3	Communicating Distance	(unobstructed)

– 2000m

2.2.4.4	Output	Power

– 9W

2.2.4.5	Operating	Temperature	Range

- 140F	to	1040F	(

- 100C	to	400C)

2.2.4.6	Battery

– 600mAh	LiPo	2S38 **APPENDIX**

**– C** 

**DJI INSPIRE 1 MANUFACTURER’S USER MANUAL**

User manual can be found at:

http://dl.djicdn.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plu s_User_Manual_v1.8_en.pdf

**APPENDIX**

**– D** 

**DJI INSPIRE 1 MANUFACTURE R’S USER MANUAL** 

User manual can be found at:

https://dl.djicdn.com/downloads/inspire_1/en/Inspire%20_1_User_Manual__V1.8.pdf39 **APPENDIX**

**– E** 

**MONTHLY MAINTENANCE LOG**