UNITED S TA TES OF AMER I C A

DE P A R TMENT OF T RAN SPO R TA TIO N

FEDERAL A

VI A TION AD MI N IST R A

TIO N

W ASHING T ON, DC

IN THE M A

TTER OF THE PETITION FOR EXEMPTION OF :

Peter Bess

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL R EG U L A TIO N S

SECTIONS 61. 1 13(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 O PER A TIO N

OF DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UNMANNED AIRCRAFT

SYSTEMS PURSU ANT T O SECTION 333 OF

T H E F AA MO DERN IZ A TIO N AND R EFO RM AC T OF 2012

(PUBLIC L A

W 1 12

- 95)

Submitted on October 26 th

, 2015

Peter Bess

742 N 1 st St

Elburn, IL 60119

217

- 721

- 4181

p eter. bess@gmail.comT ABLE OF C O N T EN TS

Page

GLOSSA R Y OF ABBREVI A TIONS...................................................................................3

SUMMA R Y

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

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

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

BASIS FOR PETI TION.........................................................................................................5

NAME AND ADDRESS OF PETITIONER.............................................................7

THE SPECIFIC SECTIONS OF 14 C. F .R. FROM WHICH P ETER BESS

SEEKS EXEMPTION.................................................................8

THE EXTENT OF RELIEF PETER BESS SEEKS AND THE REASON PETER

BESS SEEKS THE RELIEF......................... 1 1

THE REASONS WHY GRANTING PETER BESS ’S REQUEST WOULD BE IN

TH E PUBLIC INTEREST .........................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSE L Y

AFFECT SAFET Y

..........................................................................19

SUMMA R Y TH A

T CAN BE PUBLISHED I N THE FEDERAL REGISTER......34

ANY ADDITIONAL INFORM A TION, VIEWS, OR ARGUMENTS AV AILABLE T O

SUPPO R T PETER BESS ’S REQUEST.........34

CONCLUSION................................................................................................................3 5

APPENDICES........................................................................................37GLOSSA R Y OF ABBREVI A TIONS

AGL Above Ground Level

AOI Area of Interest

A TC Air T raffic Control

A T O Air T raffic Organization

A V Aerial V ehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

F AA Federal A viation Administration

F AR Federal A viation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NO T AM Notice to Airman

PIC Pilot In Command

Section 333 F AA Modernization and R eform Act of 2012 (FMRA) Section

333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR V isual Flight Rules

VLOS V isual Line of Site

VMC V isual Meteorological Conditions

V T OL V ertical T akeo f f and LandingSUMMA R Y

Peter Bess seeks exemption from the requirements of 14 C. F .R §§ 61. 1 13(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 Secti on 333 of the

F AA Modernization and Reform Act of 2012 (FMRA). This exemption will permit PETER

BESS to operate an Unmanned Aircraft System (UAS) for the commercial purpose of

conducting aerial video and photography of real estate , construction sites

, and landscape

over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

PETER BESS provides his clients with photography and videography of properties for the

purpose of advertising and site development

. PETER BESS has thousands of hours flying

experience and has an Airline Trans port Pilot certificate

. He has over 12 years of flying

experience in cluding aerial survey and photography

. The objective of PETER BESS and

his aerial operations is to provide high quality imaging for a variety of commercial, public,

and residential uses, specifically targeting:

• Residential Construction

• Real

- estate marketing

• Commercial Construction

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, DJI Phantom 3 UASs

PETER BESS seeks an exemption to operate DJI systems for compensation or hire within

the NAS. The DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 are vertical takeo f f and

landing (V T OL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing

electronic t ablet or smart phone systems. The DJI Phantom 2 has a maximum gross

weight of approximately 2 pounds 1 1 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 Phantom 3

has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of

17.7 inches, height of 1 1.8 inches, and a maximum speed of approximately 42 knots. The

DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UAs are equipped with four main

rotors; driven by Lithium Polymer battery powered electric motors.

BASIS FOR PETITION

Petitione r

, PETER BESS

, pursuant to the provisions of the Federal A viation

Regulations (14 C. F

.R. § 1 1.61) and the F

AA Modernization and Reform Act of 2012

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby

petitions the Administrator to commercially operate the DJI Phantom 2, DJI Phantom 3

, and DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption

from the requirements of 14 C. F .R §§ 61. 1 13(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, PETER BESS ’ s opera tion of DJI Phantom 2, DJI

Phantom 3, 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.

Accordingl y

, PETER BESS requests relief fro m Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for

maintenance that only apply to aircraft with an airworthiness certificate.

PETER BESS submits that the requested relief is proper since an equivalent level of

safety will be ensured. PETER BESS 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 operatin g documents (i.e., Monthly

Maintenance Log, and DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 Instruction

Manual). Furthermore, PETER BESS will document and maintain all maintenance records

for the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs.

Relief from certain requirements of Section 61. 1 13(a) and (b), entitled Private pilot

privileges and limitations: Pilot in command

, is requested by PETER BESS to the extent

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher lev el

certificate, as well as an airman medical certificate, and who has demonstrated, by

meeting minimum flight

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

operate the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs in a manner

consi stent with this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures, to

operate for compensation and hire.PETER BESS seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

,

because the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs do not require an

airworthiness certificate in accordance with 14 C. F .R. Part 21, Subpart H. As such, PETER

BESS submits that he will ensure that the DJI Phantom 2, DJI Phantom 3, and DJI Inspire

1 UASs are i n 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, DJI Phantom 3, and DJI Inspire 1 Instruction Manual), and that the aircraft are

in a condition for safe flight.

PETER BESS also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings

, as the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UAs will not

have a typical barometric altimeter onboard. Howev e r

, altitude information of the DJI

Phantom 2, DJI Phantom 3, and DJI Inspire 1 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 mon itoring of the flight path. This

altitude information, combined with PETER BESS ’ s operation of the DJI Phantom 2, DJI

Phantom 3, and DJI Inspire 1 UASs within visual line of sight, at or below 500 feet AGL,

will ensure a level of safety equivalent to Secti on 91.121.

Additionall y

, PETER BESS seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions

. PETER BESS

submits that safety will not be a f fected by operation of the DJI Phantom 2, DJI

Phantom 3, 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 14.5 minutes to the first point of intended landing and,

assumi ng normal cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C. F .R. § 1 1.81, PETER BESS provides the following

information in support of its petition for exemption:

A. Name And Address Of The Petitione r

.

The name and address of the Petitioner and point of contact is:

PETER BESS

742 N 1 st St

Elburn, IL 60119

217

- 721

- 4181

p eter. bess@gmail.comB. The Specific Sections Of 14 C. F .R. From Which PETER BESS Seeks

Exemption.

1. PETER BESS Seeks Exemption From The Re quirements Of Section

61. 1 13(a) And (b).

Section 61. 1 13, 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 a s 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 ma y

, for compensation or hire, act as PIC of an aircr aft in

connection with any business or employment if

—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. PETER BESS Seeks Exemption From The Requireme nts Of Section

91.7(a).

Section 91.7, entitled Civil aircraft airworthiness

, subsection (a), states the

following:

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

3. PETER BESS Seeks Exemption From The Requirements Of Section

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or

flight level of that aircraft, as the case may be, by reference t o an altimeter that

is set, when operating

--

(1) Below 18,000 feet MSL, to

--(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i)

of this section, the current reported altimeter setting of an appropriate

available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of

the departure airport or an appropriate altimeter setting ava ilable

before departure.

4. PETER BESS Seeks Exemption From The Requirements Of Section

91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions

, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel to fly

to the first point of intended landing and, assuming normal cruising speed, to

fly after that for at least 20 minutes.

5. PETER BESS Se eks Exemption From The Requirement Of Section

91.405(a).

Section 91.405, entitled Maintenance required

, subsection (a), states the following:

Each owner or operator of an aircraft

—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and

shall between required inspections, except as provided in paragraph (c) of this

section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. PETER BESS Seeks Exemption From The Requirements Of Section

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration

, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance,

preventive maintenance, rebuilding, or altera tion unless

--

(1) It has been approved for return to service by a person authorized under

§ 43.7 of this chapter[.]7. PETER BESS Seeks Exemption From The Requirements Of

Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections

, subs ection (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 cha pter and has

been approved for return to service by a person authorized by § 43.7 of this

chapter; or

(2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapte r

.

8. PETER BESS Seeks Exemption From The Re quirements Of

Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records

, subsections (a) and (b), state the

following:

(a) Except for work performed in accordance with §§ 91.4 1 1 and 91.413, each

registered owner or operator shall kee p 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

- hou r

, annual, progressive, and other required or

approved inspections, as app ropriate, for each aircraft (including the

airframe) and each engine, propelle r

, roto r

, and appliance of an aircraft.

The records must include

--

(i) A description (or reference to data acceptable to the Administrator) of

the work performed; and

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

(iii) The signature, and certificate number of the person approving the

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each e ngine, each propelle r

,

and each roto r

.

(ii) The current status of life

- limited parts of each airframe, engine,

propelle r

, roto r

, 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 applicabl e 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 req uired.

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

each major alteration to the airframe and currently installed engines,

rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the pe riods

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 is performed.

(2) The records specified in paragraph (a)(2) of this sect ion 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. 1 1 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 PETER BESS Seeks And The Reason PETER

BESS Seeks The Relief.

1. Extent Of Relief Peter Bess

, S eeks And The Reason Peter Bess

, Seeks

Relief From Section 61. 1 13(a) And (b).

Relief from Section 61. 1 13 (a) and (b) entitled Private pilot privileges and limitations: Pilo t

in command

, is requested to the extent necessary to allow a PIC holding a private pilot or

higher level certificate, as well as a current and valid airman medical certificate, and who

has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight

operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61. 1 13(a) and (b) state

that a private pilot ma y

, for compensat ion 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 oremployment; and (2) The aircraft does not carry passengers or property for compensation

or hire.

As set forth m ore fully belo w

, PETER BESS submits that an equivalent level of safety will

be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS or DJI

Phantom 3 UAS unless that PIC has met certain flight

- hour and currency requirements,

demonstrat ing that the PIC is able to safely operate either the DJI Phantom

2 or DJI Phantom 3 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.

Furthe r

, PETER BESS submits that all flights of the DJI Phantom 2 and DJI Phantom

3 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental

to PETER BESS ’ s busines s; and (2) will not carry passengers or property for

compensation or hire.

2. Extent Of Relief PETER BESS Seeks And The Reason PETER

BESS Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness

, is requeste d to the extent

required to allow PETER BESS to determine that the DJI Phantom 2, DJI Phantom 3,

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., the PETER BESS Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3, and

DJI Inspire 1

Instruction Manual).

PETER BESS seeks the requested relief because the DJI Phantom 2, DJI Phantom 3,

and DJI Inspire 1 UASs do not require an airw orthiness certificate in accordance with 14

C. F .R. Part 21, Subpart H. Therefore, PETER BESS will ensure that the DJI Phantom 2,

DJI Phantom 3, and DJI Inspire 1 UASs are in airworthy condition based upon its

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2, DJI Phantom 3, and DJI Inspire 1 Instruction Manual) prior to every flight, and

furthe r

, determine that the aircraft are in condition for safe flight, as stated in the

conditions and limitations belo w

.

3. Extent Of Relief PETER BESS Seeks And The Reason PETER

BESS 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, DJI Phantom 3, and DJI Inspire 1 UASs, whi ch utilize a

barometric pressure senso r

, 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 F AA requires that any altitude information concern ing UAS

operations bereported to air traffic control ( A TC) in feet above ground level (AGL), PETER BESS seeks

the requested relief because the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 U A ’ s

altimeter may be set on the ground to zero feet AGL, rathe r than the local barometric

pressure or field altitude, before each flight.

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

sought to the extent necessary to comply with the applicable conditions and limitations

s tated belo w

. As more fully set forth herein, an equivalent level of safety will be maintained

since the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 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 PETER BESS Seeks And The Reason PETER

BESS 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, DJI

Phantom 3, and DJI Inspire 1 UAs during daylight hours in v isual meteorological

conditions (VMC),

under visual flight rules (VFR), for a total duration of 14.5 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5

minutes. PETER BESS seeks the reques ted relief because without an exemption from

Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2, DJI

Phantom 3, and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video

or still photo

flight operation s that PETER BESS proposes to conduct pursuant to this Petition.

Significantl y

, as set forth belo w

, the technical specifications of the DJI Phantom 2, DJI

Phantom 3, and DJI Inspire 1 UASs, the DJI Phantom 2, DJI Phantom 3, and DJI Inspire

1 operating doc uments, and PETER BESS ’ s proposed operating limitations, ensure that

PETER BESS will safely operate the battery powered DJI Phantom 2, DJI Phantom 3,

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 14.5

minutes to the first point of intended landing and, assuming normal cruising speed, to fly

after that for at least 4.5 minutes.

5. Extent Of Relief PETER BESS Seeks And The Reason PETER BESS

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, PET ER BESS requests relief from these

Sections because the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs do not

requireairworthiness certificates. As set forth more fully belo w

, the DJI Phantom 2, DJI Phantom

3, and DJI Inspire 1 UASs meet the condit ions of FMRA Section 333 for operation without

an airworthiness certificate. Accordingl y

, PETER BESS will use trained technicians to

perform maintenance, alterations, or preventive maintenance on the UASs using the

methods, techniques, and practices prescr ibed in the UAS operating documents (i.e., the

PETER BESS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom

2 and DJI Phantom 3 Instruction Manual). Furthermore, PETER BESS will document and

maintain all maintenance records for the DJI Pha ntom 2, DJI Phantom 3, and DJI Inspire

1 UASs.

D. The Reasons Why Granting PETER BESS Request W ould Be In The Public

Interest; That Is, How It W ould Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allow ing PETER BESS to

safel y

, efficientl y

, and economically perform aerial video and photography of real estate,

and landscape over certain areas of the United States.

Additionall y

, use of the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs will

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the

econom y

. Notabl y

, the benefits of PETER BESS ’ s proposed operation of the DJI Phantom

2, DJI Phantom 3, and DJI Inspire 1 UASs will be realized without implicating any privacy

issues.

1. The Public W ill Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 2, DJI Phantom 3, 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 imager y

. By reducing the amount of manned aircraft needed to perform

aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 or DJI Phantom 3

UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air

po llution, 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. T he DJI

Phantom 2 and DJI Phantom 3 UAs do not require an airport to takeo f f 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, takeo f f,

departure, arrival, and landing phases of flight operations.

2. The Public W ill Benefit From The Safety And Efficiency Of The DJI

Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phant om 2, DJI Phantom 3, and DJI Inspire 1

UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the

levels of airand noise pollution generated during traditional aerial video and still photography flight

operations. By us ing battery power and electric motors, the DJI Phantom 2, DJI

Phantom 3, 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 aerial video and photograph y

, while burning approximately

20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2, DJI Phantom 3, 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, DJI Phantom 3, and DJI Inspire 1 UASs to perform aerial

acquisitions, the substantial risk to l ife and property in the air and on the ground, which is

usually associated with traditional manned aircraft flight operations, will be substantially

reduced or completely eliminated. Aside from the lack of flight crew members located

onboard the aircraft, the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UAs (weighing

approximately 2 pounds 1 1 ounces and 6 pounds 7.5 ounces respectivel y

, at their

maximum gross weights with lengths of 16 inches and 17.3 inches respectivel y

, widths of

16 inches and 17.7 inc hes respectivel y

, and with no fuel on board), has less physical

potential for collateral damage to life and property on the ground, and in the ai r

, compared

to the manned aircraft that typically conduct similar operations (weighing approximately

6,000 poun ds with a

wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial V ideo and Photography Operations W ith The DJI

Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs W ill Benefit The

Econom y

.

In add ition to being safe and efficient, the DJI Phantom 2, DJI Phantom 3, 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, DJI Phantom 3, and DJI

In spire 1 UASs will allow United States based companies, like PETER BESS

, to remain

competitive and contribute to growth of the U.S. econom y

. Specificall y

, with the rising cost

of aviation fuel and the Environmental Protection Agency (“E P A”) regulatory actio ns

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, DJI Phantom 3, and DJI Inspire 1 UASs is one such technology that not

only allows companies greater operational flexibility compared to manned aircraft, but

provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs

, companies

such as PETER BESS

, 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. econom y

. Improved financial performance of U.S. compani es,

through commercial use of the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs,

provides a stable workforce thatincreases consumer spending; improves local, state, and federal tax revenues; and allows

companies to invest in research and developme nt 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, PETER BESS ’ s proposed operation of the DJI Phantom 2 and DJI Phantom

3 UASs will not implicate any privacy issues. Specificall y

, the DJI Phantom 2, DJI Phantom

3, and DJI Inspire 1 UASs will be operated only in compliance with operating documents

(i.e., the PETER BESS Aerial Operations Manual, Monthly Mainte nance Log, and DJI

Phantom

2 and DJI Phantom 3 Instruction Manual) which requires property owner involvement as

well as local law enforcement notification, and in accordance with the Federal A viation

Regulations, including the minimum altitude requirements of 14 C. F .R. § 91. 1 19.

E. The Reasons Why Granting The Exemption W ould Not Adversely Affect Safet y

,

Or How The Exemption W ould Provide A Level Of Safety At Least Equal T o That

Provided By The Rule From Which PETER BESS Seeks Exemption.

1. Reasons Why The DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1

UAs Meet The Conditions Of The F AA Modernization and Reform Act of

2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the

unmanned aircra ft and its operation, PETER BESS ’ s operation of the DJI Phantom 2, DJI

Phantom 3, 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.

Section 33 3 provides authority for a UAS to operate without airworthiness certification and

sets forth requirements for considering whether a UAS will create a hazard to users of the

NAS or the public, or otherwise pose a threat to national securit y

. Specificall y

, F MRA

Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not

later than 180 days after the date of enactment of this Act, the Secretary of

T ransportation shall determine if certain unmanne d aircraft systems may

operate safely in the national airspace system before completion of the plan

and rulemaking required by section 332 of this Act or the guidance required by

section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In ma king the determination

under subsection (a), the Secretary shall determine, at a minimum

--(1) which types of unmanned aircraft systems, if an y

, as a result of their

size, weight, speed, operational capabilit y

, proximity to airports and

populated areas, a nd 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 waive r

, certificate of authorization, or

airworthiness certif

ication 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 un manned 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, PETER BESS submits that t he DJI Phantom 2, DJI Phantom

3, 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, DJI Phantom 3, and

DJI Inspire 1 UASs; (b) the pilot certification require ment; and (c) the specific operating

limitations.

a. The Specifications Of The DJI Phantom 2, DJI Phantom 3, and DJI

Inspire 1 UASs

Demonstrate Its Safe Characteristics.

The DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs do not create a hazard t o

users of the NAS or the public, or otherwise pose a threat to national security considering

its size, weight, speed, and operational capabilit y

.

i. T echnical Specifications Of The DJI Phantom 2, DJI Phantom 3, and

DJI Inspire 1

UASs.

The technical s pecifications of the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs

are set forth by the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 User Manuals,

attached hereto as Appendix A and B.ii. The DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs

Autonomous Flight And Navigation Modes Enable The UASs T o

Remain W ithin A Defined Operational Area.

The DJI Phantom 2, DJI Phantom 3, 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, DJI Phantom 3, and DJI Inspire 1 UASs is

provided at pages 25

- 35 of the DJI Phantom 2 and pages 12

- 16 and 45

- 50 of the DJI

Phantom 3 User Manuals, attached hereto as Appendix A and B.

iii. The DJI Phant om 2, DJI Phantom 3, and DJI Inspire 1 UASs Are

Designed For Automatic Return T o 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, DJI Phantom 3, and DJI Inspire 1 UAs

will rem ain stationar y

, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom

2, DJI Phantom 3, 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 takeo f f position and

shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are set forth

at pages 27 through 29 and for the DJI Phantom 3 at pages 13 throu gh 15 of the DJI

Phantom 2, DJI Phantom 3, and DJI Inspire 1 User Manuals, attached hereto as

Appendix A and B.

i v

. The DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 GCS And

Its Operation.

A complete description of the operation and specifications o f the DJI Phantom 2, DJI

Phantom 3, and DJI Inspire 1 GCS and flight control software is provided at pages 32

through 43 of the DJI Phantom 2 User Manual and pages 40 through 47 of the DJI

Phantom 3 User Manual. DJI Phantom 2, DJI Phantom 3, and DJI Inspir e 1 User Manuals

are attached hereto as Appendix A and B.

b. Flight Operations Of DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1

UASs Are Limited T

o The Line Of Sight Of A Certificated Pilot in

Command W ith A Safety Observe r

.

A properly certificated pilot with the appropriate medical certificate will be the o nly

person to act as a pilot in command (PIC) of the DJI Phantom 2, DJI Phantom 3, and DJI

Inspire 1 UASs. Additionall y

, a safety observer will assist in all flights.c. Flights Of DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs W ill

Be

Conducted Pursuan t T o Specific Operating Limitations.

In seeking this exemption, PETER BESS proposes to commercially operate DJI

Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs for the special purpose of

conducting aerial video and photography over certain areas of Un ited 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, DJI

Phantom 3, 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 photograph y

.

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 indicat ed by the procedures specified in the operating

documents unless a special request is made and approved by A TC. All altitudes

reported to A

TC must be in feet AGL.

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

times. T his requires the PIC to be able to use human vision unaided by any

device other than corrective lenses, as specified on the PIC ’ s F AA

- issued

airman medical certificate.

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

per mitted.

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 VLOScapabilit y

. The SO and PIC must be able to communicate verbally at all times.

Electronic messagi ng 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 ope rating 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 proced ures 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 u pdate or revise its

operating documents. It is the operato r ’ s responsibility to track such revisions

and present updated and revised documents to the Administrator upon request.

The operator must also present updated and revised documents if it petitions f or

extension or amendment to the grant of exemption. If the operator determines

that any update or revision would a f fect the basis upon which the F AA granted

the exemption, then the operator must petition for amendment to its grant of

exemption. The F

A A ’ 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

condition for safe flight. If the inspection reveals a condition that a f fects 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 inclu ded in the

preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

1 1. Any UAS that has undergone maintenance or alterations that a f fect 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

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 manufacture r ’ s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirement s.

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 against discrepancies discovered between inspections.

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

current third

- c lass medical certificate.

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

operato r ’ s qualification criteria and demonstrates the ability to safely operate

the UAS in a manner consistent with how the UAS will be operated unde r 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 operato r ’ s PICs are

permitted under the terms of the exemption. Howeve r

, training operations may

only be conducted during dedicated training sessions. During training,

proficienc y

, and experience

- building flights, all persons not essential for flightoperations are considered nonparticipants, and the PIC must operate the UA

with appropriate distance from nonparticipants in accordance with 14 C. F .R. §

91. 1 19.

19. UAS operations may not be conducted during night, as defined in 1 4 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 F AA

office closest to proposed area of operations. Flights under special visual flight

rule s (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference

point as denoted on a current F AA

- published aeronautical chart unless a letter

of agreement with that airport ’ s management is obtained, and the oper ation is

conducted in accordance with a NO T AM as required by the operato r ’ s COA.

The letter of agreement with the airport management must be made available

to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or le ss than 2,000

feet horizontally from a cloud or when visibility is less than 3 statute miles from

the PIC.

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

pre

- determined location within the planned operating area and la nd or be

recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unle ss (considering wind and

forecast weather conditions) there is enough power to fly at normal cruising

speed to the intended landing point and land the UA with 25% battery power

remaining.25. The operator must obtain an Air T raffic Organization ( A T O) issu ed

Certificate of W aiver or Authorization (COA) prior to conducting any operations

under the grant of exemption. This COA will also require the operator to

request a Notice to Airman (NO T AM) not more than 72 hours in advance, but

not less than 48 hours pri or to the operation. All operations shall be conducted

in accordance with airspace requirements in the A T O issued COA including

class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the e xemption must be identified by

serial numbe r

, 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 Communications

Commission (FCC) or other appropriate government oversight agency

requirements.

28. The documents required fewer than 14 C. F

. R. 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the

UAS is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

29. The UA must remain cle ar and yield the right of way to all manned aviation

operations and activities at all times.

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

31. Flight operations must be conducted at least 500 feet from all

nonpartici pating 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 anaccident. 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 immediat ely 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 obj ects 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. 1 19(a).

32. All operations shall be conducted ov er private or controlled

- access property

with permission from the land owner/controller or authorized representative.

Permission from land owner/controller or authorized representative will be

obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA

must be reported to the F AA's UAS Integration Office (AFS

- 80) within 24

hours. Accidents must be reported to the Na tional T ransportation Safety Board

(NTSB) per instructions contained on the NTSB W eb site: ww w .ntsb.go v

.

2. Reasons Why An Exemption From The Requirements Of Section

61. 1 13(a) And (b) W ould Not Adversely Affect Safet y

.

PETER BESS subm its that the equivalent level of safety established by Section

61. 1 13(a) and (b) will be maintained because no PIC will be allowed to operate the DJI

Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs unless that PIC has demonstrated,

by meeting minimum flig ht

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

operate the DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent with the

exemption,including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessel s, vehicles and structures.

Considering PETER BESS ’ 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 Exempt ion No. 1 1062); and the

airmanship skills necessary to safely operate the DJI Phantom 2 or DJI Phantom 3

UAS, PETER BESS submits that the additional manned airmanship experience of a

commercially certificated pilot would not correlate to the airmanship ski lls necessary for

PETER BESS ’ s specific proposed flight operations.

The F AA has previously granted relief from Section 61. 1 13(a) and (b) specific to UAS, in

circumstances simila r

, in all material respects, to those presented herein (e.g. Exemption

Nos. 1 1 062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 11 109, 111 10, 111 12, 11 136,

11 138, 11 150, 11 153, 11 156, 11 158, 11 159, 11 160, 11 161).

PETER BESS will not allow any PIC to operate the DJI Phantom 2 or DJI Phantom 3 UAS

unless that PIC has demonstrated, by me eting minimum flight

- hour requirements or the

DJI Phantom 2 or DJI Phantom 3 UAS training and currency requirements, that the PIC is

able to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent

with this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

Specificall y

, 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 rotorcr aft 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 takeo f fs and landings in the precedi ng 90 days (for currency

purposes).

As in Exemption Nos. 1 1062, 11 138, and 11 153, prior documented flight experience that

was obtained in compliance with applicable regulations will ensure an equivalent level of

safety during PETER BESS ’ s proposed operati ons. 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. 1 1062, the F AA required that prior to conducting operati ons 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 rotorcraft pilot including at least 10 hours logged as a UAS

pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 1 1062, 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 clarificat ion, the F AA considers these minimum hour requirements

to be inclusive rather than additive; i.e. 5 hours make and model time may beincluded in the 10 hours of multi

- rotor time and the 10 hours may be included in

t he total 25 hours of UAS rotorcraft time

. In addition to the hour requirements, the

PIC must accomplish 3 takeo f fs and landings in the preceding 90 days (for

currency purposes). The F AA finds that at a minimum, the flight

- hour requirements

in Exemption No. 1 1062 are appropriate to practice and b uild proficiency in the

skills necessary to safely conduct the petitione r ’ s proposed operations. The F AA

also finds that prior documented flight experience that was obtained in compliance

with applicable regulations would satisfy this requirement. T raining

, proficienc y

, and experience

- building flights can also be conducted under the grant of

exemption to accomplish the required flight time. During training, proficienc y

, and

experience

- building flights the PIC is required to operate the UA with appropriate

d istances in accordance with 14 C. F .R 91. 1 19.

Exemption No. 11 138 at page 15.

Accordingl y

, PETER BESS will ensure safe operations by not allowing any PIC to operate

the DJI Phantom 2 or DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting

min imum flight

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

DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent with the exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from

people

, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)

W ould Not Adversely Affect Safet y

.

The equivalent level of safety established by Section 91.7(a) will be maintained because

prior to every flight, PETER BESS will ensure that the DJI Phantom 2 or DJI Phantom

3 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.

Additionall y

, the F

AA has previously gran ted relief from Section 91.7(a) specific to UAS, in

circumstances simila r

, in all material respects, to those presented herein (e.g. Exemption

Nos. 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 11 109, 111 10, 111 12, 11 136,

11 138, 11 150, 11 153, 11 156, 11 1 57, 11 158, 11 159, 11 160, 11 161).

4. Reasons Why A Exemption From The Requirements Of Section 91.121

W ould Not Adversely Affect Safet y

.

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

the altitude information of the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UAs will

be provided tothe 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

altitu de information, combined with PETER BESS ’ s operation of the DJI Phantom 2, DJI

Phantom 3, 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 installed onboard the aircraft. Prior to each flight, a zero

altitude initiation point is automatically established by the UASs at ground level.

The F AA has previously granted relief from Section 91.121 specific to UAS, in

c ircumstances simila r

, in all material respects, to those presented herein (e.g. Exemption

Nos. 1 1062, 1 1063, 1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 11 109, 111 12, 11 136, 11 138,

11 150, 11 153, 11 156, 11 157, 11 158, 11 159, 11 160, 11 161).

5. Reasons Why An Exemptio n From The Requirements Of Section

91.151(b) W ould Not Adversely Affect Safet y

.

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 P hantom

2 and DJI Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3)

the location of the proposed flight operations. Accordingl y

, PETER BESS will ensure that

it will safely operate the battery powered DJI Phantom 2, DJI Phantom 3 , 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 No. 11 109, the technical specifications of the DJI Phantom 2, DJI

Phantom 3, 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 sa fety

established by 14 C. F

.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI

Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs provide audible and visual warnings

to the PIC at the GCS when the

UAs experiences low battery voltage, the fir st warning occurring at approximately 33%

remaining battery powe r

, and again at approximately 10% remaining battery powe r

. At the

critically low battery level, the DJI Phantom V ision+ and DJI Phantom 3 UASs will

descend and land automaticall y

.

Significant l y

, previous exemptions granted by the F AA concerning Section 91.151

establish that safety is not adversely a f fected when the technical characteristics and

operating limitations of the UAS are considered. Relief has been granted for manned

aircraft to oper ate at less than the minimums prescribed in Section 91.151, including

Exemption Nos. 2689, 5745, and 10650. Moreove r

, the F AA has previously granted relief

from Section 91.151 specific to UAS, in circumstances simila r

, in all material respects, to

those pr esented herein (e.g. Exemption Nos. 88 1 1, 10808, 10673, 1 1042, 1 1062, 1 1063,1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 11 109, 111 10, 11 136, 11 138, 11 150, 11 153, 11 156,

11 157, 11 158, 11 159, 11 160, 11 161).

6. Reasons Why An Exemption From The Requirements Of Sect ions

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) W ould Not

Adversely Affect Safet y

.

In seeking this exemption, PETER BESS submits that the equivalent level of safety with

regard to the regulatory maintenance and alteration requi rements 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 PETER BESS will use trained technicians to perform maintenance, alterations,

or preventive maintenance on the UASs using the methods, te chniques, and practices

prescribed in the operating documents (i.e., the PETER BESS Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3, and DJI Inspire

1

Instruction Manual). Furthermore, PETER BESS will document and mainta in all

maintenance records for the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1

UASs.

Since the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs will be inspected as

prescribed by the operating documents, PETER BESS will maintain the equivalent lev el of

safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the

DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 User Manuals are attached hereto as

Appendix A and B; a copy of the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UAS

Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely a f fect safety because PETER BESS

will use trained technicians to perform maintenance, alterations or preventive

maintenance on the UAS using the meth ods, 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, DJI Phantom 3, and DJI Inspire 1 UASs will be performed by trained

technicians. Maintenance will be documented and maintained utilizing the monthly

maintenance log.

Significantl y

, previous exemptions granted by the F AA 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 a f fected when the technical characteristics and operating limitations of the UAS

are considered.

In consideration of PETER BESS ’ s proposed operating limitations, the o perating

documents, and the technical aspects of the DJI Phantom 2, DJI Phantom 3, and DJI

Inspire 1 UASs, PETER BESS submits that safety will not be adversely a f fected by

granting exemption from 14 C. F .R. Sections 91.405(a), 91.407(a)(1) and (a)(2),

91.40 9(a)(2), and 91.417(a) and (b). The F AA has previously granted relief specific to UAS

in circumstances simila r

, inall material respects, to those presented herein (e.g. Exemption Nos. 1 1062, 1 1063,

1 1064, 1 1065, 1 1066, 1 1067, 1 1080, 11 109, 111 10, 111 12, 11 136, 11 138, 11 150, 11 153,

11 156, 11 157, 11 158, 11 159, 11 160, 11 161).

7. The F AA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA)

and 14 C. F

.R. § 21.16 entitled Special Conditions, PETER BESS requests that t he F AA

prescribe special conditions for the intended operation of the DJI Phantom 2, DJI Phantom

3, and DJI Inspire 1 UASs, which contain such safety standards that the Administrator

finds necessary to establis h a level of safety equivalent to that established by 14 C. F .R.

Part 21, Subpart H, and 14 C. F .R §§ 61. 1 13(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 use rs of the NAS or the public, or otherwise pose a threat to national security;

and furthe r

, provides the authority for such UAS to operate without airworthiness

certification in accordance with any requirements that must be established for the safe

operatio n 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, DJI Phantom 3, 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 design features of the

aircraft. Section

21.16, entitled Special Conditions, states the following:

If the F AA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or

propeller because of a novel or unusual design feature of the aircraft, aircraft

engine or propelle r

, he prescribes special conditions and amendments thereto for

the pro duct. The special conditions are issued in accordance with Part 1 1 of this

chapter and contain such safety standards for the aircraft, aircraft engine or

propeller as the F

AA 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 F

AA may

prescribe special conditions for Leading Edge ’ s intended operation of the DJI Phantom 2,

DJI Phantom 3, and DJI Inspire 1 UASs, w hich 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 Sections 61. 1 13(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 Summary That Can Be Published In The Federal Registe r

, stating: The Rules From Which Peter Bess Seeks Exemption:

PETER BESS seeks exemption from the requirements of 14 C. F .R Sections

61. 1 13(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 PETER BESS

Seeks:

This exemption will permit PETER BESS to commercially operate an Unmanned

Aircraf t System (UAS) for the purpose of conducting aerial video and

photography over certain areas of the United States.

• Any Additional Information, V iews, Or Arguments A vailable T

o

Support PETER BESS ’ s Request.

This Petition is made pursuant to the F AA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of T ransportation to determine if certain

UAS may operate safely in the NAS. As such, PETER BESS ’ s request for exemption may

be granted pursuant to the authority of FMRA S ection 333 and 14 C. F .R. Part 1 1, 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 furthe r

, provides the authority for such UAS to operate without airworthiness

certification.

As discussed in detail above, PETER BESS will operate the DJI Phantom 2, DJI Phantom

3, and DJI Inspire 1 UASs safely in the NAS, without creating a hazard to users of the

NAS, or the public, or otherwise pose a threat to national securit y

.C O NC L U SIO N

As set forth herein, PETER BESS seeks an exemption pursuant to 14 C. F .R. § 1 1.61 and

Section 333 of the F

AA Modernization and Reform Act of 2012 (FMRA), which will permit

safe opera tion of the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs

commerciall y , 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 F AA

Modernization and Reform Act of 2012, while also advancing the interests of the public,

by allowing PETER BESS to safel y

, efficientl y

, and economically operate the DJI

Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs commercially within the NAS.

WHEREFORE

, in accordance with the Federal A viation Regulations and the F AA

Modernization and Reform Act of 2012, Section 333, PETER BESS respectfully requests

that the Administrator grant thi s Petition for an exemption from the requirements of 14

C. F .R Sections 61. 1 13(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, DJI Phantom 3, an d DJI Inspire 1 UASs commercially for the purpose of

conducting aerial video and photography over certain areas of the United States.

Dated: October 26 th

, 2015

Respectfully submitted,

PETER BESS

742 N 1 st St

Elburn, IL 60119

217

- 721

- 4181

peter.bess@gmail.comAp pendices :

A

– DJI Phantom 2 Manual:

B

– DJI Phantom 3 Specifications Data Sheet

C

– Monthly Maintenance Log

D

- DJI Phantom Users Guide

APPENDIX

– A

DJI PHAN T OM 2 VISION+ TECHNICAL SPEC IFI C A TIO N S

Peter Bess only utilizes safe and reliable UA Ss. 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 to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 2 V ision+

1.1.1 Aircra ft

1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery

1.1.1.2 W eight (Battery & Propellers Included)

– 2lbs 1 1.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly)

– V ertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Y

aw Angular V eloci ty

- 200 0 /s

1.1.1.7 Max Descent Speed

– 2m/s

1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.1.2 G imbal1.1.2.1 W orking Current

– Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy

- ±0.03 0

1.1.3 Camera

1.1.3.1 Operating T

emperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)

1.1.3.3 E f fective Pixels

– 14M

1.1.3.4 Resolution

– 4384x3288

4.1.3.5 HD V ideo Recording

– 1080p30 & 720p

4.1.3.6 Recording Field of V iew

- 1 10 0 /85 0

1.1.4 T ransmitter

1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz

1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm

1.1.4.4 T ransmitter Power

– FCC Compliance: 100mW

1.1.4.5 W orking V

olt age

– 120mA@3.7V

1.1.5 Range Extende r

1.1.5.1 Operating Frequency

– 2412

- 2462MHz

1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m

1.1.5.3 T ransmitter Power

– 20dBm

1.1.5.4 Power Consumption

– 2W

APPENDIX

– B

DJI Phantom 3 TECHNICAL SPEC IFI C A TIO N SPeter Bess 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 flig ht 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)

2.2 DJI Inspire 1

2.2.1 Aircraft

2.2.1.1 Model

– Phantom 3

2.2.1.2 W eight (Battery Included)

– 1280 grams

2.2.1.3 Hovering Accuracy (GPS Mode)

– V ertical: +/

- 10cm; Horizontal:

+/

- 1m

2.2.1.4 Max Angular V elocity

– Y aw: 200 0 /s

2.2.1.7 Max Descen t Speed

– 3m/s

2.2.1.8 Max Speed

– 16m/s ( A TTI mode, no wind

– NOT RECOMMENDED)

2.2.1.9 Max Flight Altitude

– 6000m

2.2.1.10 Max Flight T ime

– Approximately 23 minutes

2.2.1.12 Motor Model

– DJI 3510

2.2.1.13 Propeller Model

– DJI 1345

2.2.1.14 Operat ing T

emperature Range

– 14 0 F to 104 0 F (

- 10 0 C to 40 0 C)

”

2.2.2 Gimbal

2.2.2.1 Model

– ZENMUSE X3

2.2.2.2 Output Power (with camera)

– Static: 9 W ; In Motion: 1 1W

2.2.2.3 Operating Current

– Static: 750mA; In Motion: 900mA

2.2.2.4 Angular V ibration Range

- ±0.03 02.2.2.5 Mount ing

– Detachable

2.2.2.6 Controllable Range

– Pitch:

- 90 0 to +30 0 ; Pan: ±320 0

2.2.3 Camera

2.2.3.1 Name

– Sony EXMOR

2.2.3.2 Model

– 12.4M Pixel

2.2.3.3 T otal Pixels

– 12.4M

2.2.3.4 E f fective Pixels

– 12.76M

2.2.3.5 Image Max Size

– 4000x3000

2.2.3. 6 ISO Range

– 100

- 3200

2.2.3.7 Field of V iew

- 94 0

2.2.3.9 HD V ideo Recording

– UHD(4K): 4096x2160p24/25,

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

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

2.2.3.10 Operating T

emperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)

2.2.4 T ransmitter

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 T

emperature Range

- 14 0 F to 104 0 F (

- 10 0 C to 40 0 C)