1

October 29 , 2015

Attn:

U.S. Department of Transportation Docket Management Facility

West Building Ground Floor

, Room W12

- 140

1200 New Jersey Ave. SE

Washington, DC 20590

RE: SONORAN SKY AERIAL PHOTOGRAPHY

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF T ITLE 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 3 PROFESSIONAL UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Kyle Hershberger

Owner

Sonoran Sky Aerial Photography

6822 W Harwell Rd.

Laveen, AZ 85339

480

- 577

- 1530

hershbek1@hotmail.com2 TABLE OF CONTE NTS

Page

GLOSSARY OF ABBREVIATIONS.

................................................................ 3

SUM MARY. .............................................................................................. 4

INTRODUCTION AND INTERESTS OF PE TITIONER. ........................................ 4

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

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

................................ 5

NAME AND ADDRESS OF PETITIO NER. ........................................................ 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM SONORAN SKY AERIAL

PHOTOGRAPHY SEEKS EXEMPTION. ........................................................... 6

THE EXTENT OF RELIEF SONORAN SKY AERIAL PHOTOGRAPHY SEEKS AND

THE R EASON SONORAN SKY AERIAL PHOTOGRAPHY SEEKS THE RELIEF. ...... 10

THE REASONS WHY GRANTING SONORAN SKY AERIAL PHOTOGRAPHY’S

REQUEST WOULD BE IN THE PUBLIC I NTEREST. .........

... ... ... ... ... ... ... ... .. ...... 12

THE REASONS WHY GR ANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT S AFETY. .................................................................. 14

SUMMARY THAT CAN BE PUBLIS HE D IN THE FEDERAL REGISTER. ...............

. 25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPP ORT SONORAN SKY AERIAL PHOTOGRAPY ’S REQUEST. ..

.................. ... . 25

CONCLUSION.

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

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

. ... . . 273 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 R egulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PI C Pilot In Command

Section 333 FAA Modernizatio n 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 Visu al Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

Sonoran Sky Aerial Photography 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

Sonoran Sky Aerial Photography to operate an Unmanned Aircraft S ystem (UAS) for the

c ommercial purpose of conducting aerial video and photography of construction sites, residential

and commercial real estate, civil landscapes, and events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Sonoran Sky A erial Photography offers clients expertise and knowledge in

photogr aphy and videography and provides media for marketing, advertising, and technical use

which increases visibility, sales, and productivity

. Sonoran Sky Aerial Photography has over 5

years expe rience in photographing commercial construction projects and has safely flown RC

quadcopters recreationally for over 2 years without incident

. The objective of Sonoran Sky

Aerial Photography’s operations is to provide high quality imagin g for a variety of commercial,

public, and residential uses, specifically targeting:

• C ommercial construction

• Real

- estate marketing

• Commercial f

ilming

• Civic landmarks

.

• Agricultural survey and land use.

BACKGROUND

Unmanned Aircraft Systems: DJI Pha ntom 3 Professional

Sonoran Sky Aerial Photography seeks an exemption to operate DJI Phantom 3 systems

for compensation or hire within the NAS. The DJI Phantom 3 Professional is a vertical takeoff

and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Stat ion (GCS) utilizing

electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of 2.8

lb. while having a diagonal dimension of 23.2”, and a maximum speed of approximately 16.4’

fps and a maximum flying height of 400’

. The DJI Phantom 3 is equipped with four main rotors;

driven by Lithium Polymer ba ttery powered electric motors. The DJI Phantom 3 that will be

operated by Sonoran Sky Aerial Photography will be registered in accordance with 49 U.S.C.

44103, Registrati on of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in

accordance with 14 C.F.R. Part 45, Identification and Registration Marking.5 BASIS FOR PETITION

Petitioner, Sonoran Sky Aerial Photography , pursuant to the provisions of the Federal

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012

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

the Administrator to commercially operate the DJI Phantom 3 Prof essional UAS in the National

Airspace System (NAS), and for an exemption from the requirements o f 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 spee d, weight, size, and limited operating area associated with

the unmanned aircraft and its operation, Sonoran Sky Aerial Photography ’s operation of the DJI

Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an

airworth iness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Sonoran Sky Aerial Photography requests relief from Sections 91.405(a),

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

requirements f

or maintenance that only apply to aircraft with an airworthiness certificate.

Sonoran Sky Aerial Photography submits that the requested relief is proper since an

equivalent level of safety will be ensured. Sonoran Sky Aerial Photography wil l use experien ced

personnel technicians to perform maintenance, alterations, or preventiv e maintenance on the

UAS using the methods, techniques, and practices prescribed in the oper ating documents (i.e.,

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). F urthermore, Sonoran Sky

Aerial Photography will document and maintain all maintenance records for the DJI Phantom 3

UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot

privileges and limitations: Pilot in command

, is requested by Sonoran Sky Aerial Photography to

the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level

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

minimum flight

- ho ur and currency requirements, that the PIC is able to safely operate the 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 str uctures.

Sonoran Sky Aerial Photography seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Phantom 3 UAS does not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H. As such, So noran Sky Aerial Photography

submits that they will ensure that the DJI Phantom 3 UAS is in an airwo rthy condition, prior to

every flight, by determ ining that the UAS is in compliance with the operating documents (i.e.,

Monthly Maintenance Log, and DJI Ph antom 3 Instruction Manual), and that the aircraft is in a

condition for safe flight.

Sonoran Sky Aerial Photography also seeks an exemption from the requirements of

Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UA S will not have a ty pical

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UA S will be6

provided to the PIC via Global Positioning System (GPS) equipment and radio communications

telemetry data link, which downlinks from the UA S to the GCS for active monitoring of the

flight path. This altitude information, combined with Sonoran Sky Aerial Photography’s

operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 fe et AGL, will

ensure a level of safety equivalent to Section 9 1.121.

Additionally, Sonoran Sky Aerial Photography seeks an exemption from the

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

. Sonoran Sky Aerial Photography submits that safety will not be affected by operati on of the DJI

Phantom 3 UA S during daylight hours in visual meteorological conditions (VMC) under visual

fligh t rules (VFR), with enough battery power to fly for a total duration of approximately 23

minutes. Battery power indicators are also able to show exactly how much battery power is left,

as well as how much time is needed to return safely back to point of takeoff

.

In accordance with 14 C.F.R. § 11.81, Sonoran Sky Aerial Photography provides the

following information in support of its petition for e xemption:

A. Name And Address Of The Petitioner.

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

Kyle Hershberger

Owner

Sonoran Sky Aerial Photography

6822 W Harwell Rd.

Laveen, AZ 85339

480

- 577

- 1530

hershbek1@hotmail.com

B. The Specific Sections Of 14 C.F.R. From Which Sonoran Sky Aerial Photography Seeks

Exemption.

1. Sonoran Sky Aerial Photography Seeks Exemption From The Requirements Of

Section 61.113(a) And (b).

Section 61.11 3, 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 car rying passengers or property for compensation or

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if

—7

(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. Sonoran Sky Aerial Photography Seeks Exemption From The Requirements Of

Section 91.7(a ).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:

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

3. Sonoran Sky Aerial Photography 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 refere nce to an altimeter that is set,

when operating

--

(1) Below 18,000 feet MSL, to

—

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

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area pr escribed 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 altimete r setting available before

departure.

4. Sonoran Sky Aerial Photography 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

at least 20 minutes.8

5. Sonoran Sky Aerial Photography Seeks Exemption From The Requirement Of

Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following:

Each o wner or operator of an aircraft

-

(a) Shall ha ve 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. Sonoran Sky Aerial Photography 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 a ny 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. Sonoran Sky Aerial Photography Seeks Exemption F rom 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 th e 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 authori zed by § 43.7

of this chapter; or

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

accordance with part 21 of this chapter.

8. Sonoran Sky Aerial Photography Seeks Exemption From The Requirements 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 §§ 91.411 and 91.413, each

registered owner or operator shall keep the following records for the periods

specified in paragraph (b) of this section:9 (1) Records of the mainten ance, preventive maintenance, and alteration

and records of the 100

- hour, annual, progressive, and other req uired or

approved inspections, as appropriate, for each aircraft (including the

airframe) and each engine, propeller, rotor, and appliance of an air craft.

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 numb er 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 airfram e, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items insta lled on the aircraft

which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft , including the ti me

since the last inspection required by the inspection pr ogram under

which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthin ess directives (AD)

and safety directives including, for each, the method o f compl iance,

the AD or safety directive number and revision date. If the A D 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 alte ration to the airframe and currently inst alled engines,

rotors, propellers, and appliances.

(b) The owner or operator shall retain the fol lowing records for the periods

prescribed:

(1) The records specified in paragraph (a)(1) of this s ection shall b e

retained until the work is repeated or superseded by other work o r for 1

year after the work is performed.10 (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 so ld.

(3) A list of defects furnished to a registered owne r or operator under §

43.11 of this chapter shall be retained until the defects ar e repaired and the

aircraft is approved for return to service.

C. The Extent Of Relief Sonoran Sky Aerial Photogra phy Seeks And The Reason

Sonoran Sky Aerial Photography Seeks The Relief.

1. Extent Of Relief Sonoran Sky Aerial Photography And The Reason Sonoran Sky Aerial

Photography Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) an d (b) entitled Private pilot privileges and limitations:

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

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

met c ertain flight

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

operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state

that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with

any business or 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 m ore fully below, Sonoran Sky Aerial Photography sub mits that an

equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 UAS unless that PIC has met certain flight

- hour and currency re quirements,

demonstrati ng that the PIC is able to safely operate the DJI Phantom 3 UAS i n a manner

consistent with the operations specifications as described in this exemption, i ncluding evasive

and emergency maneuvers, as well as maintaining appropriate distances from people, v essels,

vehicles, and structures.

Further, Sonoran Sky Aerial Photography submits that all flights of the DJI Phantom 3

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) wil l be incidental to

Sonoran Sky Aerial Photography’s business ; and (2) will not carry passengers or property for

compen sation or hire.

2. Extent Of Relief Sonoran Sky Aerial Photography Seeks And The Reason Sonoran Sky

Aerial Photography Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Ci vil aircraft airworthiness , is requested to the

extent required to allow Sonoran Sky Aerial Photography to determine that the DJI Phantom 3

UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance11

with the operating do cuments (i.e., the Sonoran Sky Aerial Photography Operations Manual,

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual).

Sonoran Sky Aerial Photography seeks the requested relief because the DJI Phantom 3

UAS does not require an airworthines s certificate in accordance with 14 C.F.R. Part 21, Subpart

H. Therefore, Sonoran Sky Aerial Photography will ensure that the DJI Phantom 3 UAS is in

airworthy condition based upon its compliance with the operating docume nts (i.e., Monthly

Maintenance Log , and DJI Phantom 3 Instruction Manual) prior to every flight, and further,

determine that the aircraft is in condition for safe flight, as stated in the conditions and

limitations below.

3. Extent Of Relief Sonoran Sky Aerial Photography Seeks And The Re ason Sonoran Sky

Aerial Photography 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 3 UAS, which utilize a barometric pressure sensor, GPS

equipm ent, and a radio communications telemetry data link to downlink altitude information

from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any

altitude information concerning UAS operations be reported to air traffic co ntrol (ATC) in feet

above ground level (AGL), Sonoran Sky Aerial Photography seeks the requested relief because

the DJI Phantom 3 UA’s altimeter may be set on the ground to zero f eet AGL, rather than the

local barometric pressure or field altitude, before each flight.

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

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

below. As more fully set forth herein, an equi valent l evel of safety will be maintained since the

DJI Phantom 3 UA S is equipped with a barometric pres sure sensor and GPS equipment, which

automatically ensures that a ground level pressure setting will be established prior to each flight,

and provides the PIC wi th alt itude information of the UA on the heads

- up display of the GCS.

4. Extent Of Relief Sonoran Sky Aerial Photography Seeks and The Reason Sonoran Sky

Aerial Photography Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements fo r flight in VFR conditions

, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 UAS

during daylight hours in visual meteorological conditions (VMC), under visual flight rules

(VFR), for a total dura tion of 23 minutes

. Sonoran Sky Aerial Photography seeks

the requested relief because without an exemption from Section 91.151(b), the flight time

duration of the battery powered DJI Phantom 3 UA S will severely con strain the practicality of

any aerial v ideo or still photo flight operations that Sonoran Sky Aerial Photography propo ses to

conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3

UAS, the DJI Phantom 3 operating documents, and Christopher Jar ed Ruxton’s proposed

operating limitations, ensure that Sonoran Sky Aerial Photography will safely operate the battery

powered DJI Phantom 3 UA S during daylight hours in visual meteorological conditions (VMC),12

under visual flight rules (VFR) , with enough battery power to fly for a total d uration of 23

minutes.

5. Extent Of Relief Sonoran Sky Aerial Photography Seeks And The Reason Sonoran Sky

Aerial Photography Seeks Relief From Sec tions 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, Sonoran Sky Aerial Photography requests

relief from these Sections because the DJI Phantom 3 UAS does no t require airw orthiness

certificates. As set forth more fully below, the DJI Phantom 3 UAS meets the cond itions of

FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Sonoran

Sky Aerial Photography will use trained technician s to perfo rm maintenance, alterations, or

pre ventive maintenance on the UAS using the methods, techniques, and practices prescribed in

the UA S operating documents (i.e., the Sonoran Sky Aerial Photography Operations Manual,

Monthly Maintenance Log and DJI Phantom 3 Instruction Manual). Furthermore, Sonoran Sky

Aerial Photography will document and maintain all maintenance records for the DJI Phantom 3

UAS.

D. The Reasons Why Granting Sonoran Sky Aerial Photography 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 Sonoran Sky

Aerial Photography to safely, efficiently, and economically perform a erial video and

photography of construction sites, real estate, and civic landscape over certain areas of the

United States.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS,

reduce pollution, and provide significant benefits to the economy. Notabl y, the benefits o f

Sonoran Sky Aerial Photography ’s proposed operation of the DJI Phantom 3 UAS will be

realize d without implicating any privacy issues.

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

The DJI Phantom 3 UA S is battery powered and serv e as a s afe, 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 acqui sitions, an exemption

allowing the use of a DJI Phantom 3 UA S would reduce the amount of mann ed aircraft in the

NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air

and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

cong estion around airports caused by arriving and departing aircraft will be reduced. The DJI

Phantom 3 UA S does not require an airport to takeoff or land. Likewise, a reduction of manned

aircraft conducting aerial video and photography missions would resul t in fewer aircraft that

must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing13

phases of flight operations.

2. The Public Will Benefit From The Safety And E fficiency Of The DJI Phantom 3 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 UAS 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 electric motors, the DJI Phantom 3 UAS produces 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 a erial video and photography, while

burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UA S

, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as

the UAS are propelled by bat tery powered electric motors, rather than an internal combustion

engine.

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to

life and property in the air and on the ground, which is usually associated with traditiona l

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 3

UAS (weighing approximately 2.8 pounds at its maximum gross weight wi th diagonal dimension

of 23.2 inches, and with no fuel on board), h as less physical potential for collateral damage to

life and property on the ground, and in t he air, compared to the manned aircraft that typically

conduct similar operations (weighing app roximately 6,000 po unds with a wingspan of

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

3. Performing Aerial Video and Photo graphy Operations With The DJI Phantom 3 UAS

Will Benefit The Economy.

In addition to bein g safe and efficient, the DJI Phantom 3 UAS is also an economical

alternative to using manned aircraft to conduct similar aerial operations. As such, operation of

the DJI Phantom 3 UAS will allow United States based companies, like Sonoran Sky Aerial

Ph otography , to remain competitive and contribute to growth of the U.S. economy. Specifically,

with the rising cost of aviation fuel and the E nvironmental Protection Agency (“EPA”)

regulatory actions phasing out leaded aviation fuels, U.S. owned and operate d companies must

adopt new and alternative technology i n order to remain competitive. Operating the battery

powered DJI Phantom 3 UAS is one such technology that not only al lows companies greater

operational flexibility compared to mann ed aircraft, but pr ovides such flexibility without the

high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as Sonoran Sky Aerial

Photography, can remain competitive and profitable, and therefore, provide grea ter 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

3 UAS, provides a stable workforce that increases consumer spendi ng; improves local, state, and

federal tax revenues; and allows companies to invest in resear ch and development in order to

remain competitive both in the United States and abroad.14

4. There Are No Privacy Issues.

Similar to the manned aerial acq uisition flight operations that have been conducted for

decades, Sonoran Sky Aerial Photography ’s proposed operation of the DJI Phantom 3 UAS will

not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in

compliance with operating documents (i.e., the Sonoran Sky Aerial Photography Operations

Manual, Monthly Ma intenance Log, and DJI Phantom 3 Instruction Manual) which requires

property owner involvement as well as local law enforcement notification, and in accordanc e
with the Federal Aviation Regulations, including the minimum altitude requirements of 14

C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or

How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided

By The Rule From Which Sonoran Sky Aerial Photography Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UA S Meets The Conditions Of The FA A

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

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

the unmanned aircraft and its operation, Sonoran Sky Aerial Photography ’s operation of the DJI

Phantom 3 UAS meets the conditions of FMRA Sectio n 333, and will not require an

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

Section 333 provides authority for a UAS to operate without airworthiness certification

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

NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section

333 states the following, in part:

(a) In General.

—

Not withstanding 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 before completion of the plan and

rulemaking required by section 332 of this Act or th e guidance required by

sectio n 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, proxi mity to airports and

populated areas, and operation within visual line of s ight 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 ce rtificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, United States15 Code, is required for the operation of unmann ed 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 nati onal airspace system.

In seeking this exemption, Sonoran Sky Aerial Photography submits that the DJI

Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 33 3, as demonstrated

by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certific ation requirement; and

(c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrates Its Safe

Characteristics.

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or

o therwise pose a threat to national security considering its size, weight, speed, and operational

capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 UAS is set forth by the DJI Phantom

3 User Manual , attached hereto as Appendix A

.

ii. The DJI Phantom 3 UAS Autonomo us Flight And Navigation Modes

Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and full y autonomous flight

modes. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS

is provided at page 1 1 of the DJI Phantom 3 Us er Manual, attached here to as Appendix A

.

iii. The DJI Phantom 3 UAS Is Designed For Automat ic 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 3 UA S will remain stationary, in flight,

for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UA s does n ot reacquire control

link data from the GCS, the UA will assume that the Contro l Link is lost and the UA will return

to the home position (i.e., failsafe mode) via GPS, a nd will descend to the takeoff position and

shutdown.

A complete description of th e Failsafe Functions of the DJI Phantom 3 UAS are set

forth at pages 12

- 14 of the DJI Phantom 3 User Manual, attached hereto as Appendix A.16 iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 GCS

and flight control software is provided at pages 23

- 29 of the DJI Phantom 3 User Manual. DJI

Phantom 3 User Manual is attached hereto as Appendix A

.

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of

Sight Of A Certi ficated Pilot in Command With A Safety Observer.

Sonoran Sky Aerial Photography will only utilize trained pilot s to act as a pilot in

command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist all pilots

during flight time.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific

Operating Limitations.

In seeking this exemption, Sonoran Sky Aerial Photography pr oposes to commercially

operate DJI Phantom 3 UAS for the special purpose of conducting aer ial vid eo 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, rotorc ra ft UAS

weighing less than 55 pounds maximum gross weight: DJI Phantom 3

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 l imited 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 S must be operated at an altitude of no more than 400 feet above

ground level (AGL), as indicated by the procedures specif ied in the operating

documents unless a special request is made and approved by ATC. All

altitudes reported to ATC must be in feet AGL.

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

at all t imes. This requires the PIC to be able to use human visi on unaided by

any device other than corrective lenses, as specified on the PIC’s FAA

- issued

airman m edical 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 to

satisfy the VLOS requirement as long as the PIC always mai ntains VLOS17 capability. The SO and PIC must be able to communicate verbally at all

times. Electronic mess aging or texting is not permitted during flight

operations. The PIC must be designated before the flight and cannot transfer

his or her designation for t he duration of the flight. The PIC must ensure that

the SO can perform the functio ns 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

conta ined in the grant of exemption and the proced ures outlined in the

operating documents, the conditions and limitations contained in the grant of

exempti on take precedence and must be followed. Otherwise, the operator

must follow the procedures as outlined in its operating documents. The

operator may update or revi se its operating documents. It is the operator’s

responsibility to track such rev isions and present updated and revised

documents to the Administrator upon r equest. The operator must also

present updated and revised documents if it petitio ns for extension or

amendment to the grant of exemption. If the operator determines tha t any

update or revision would affect the basis upon which the FAA granted the

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

exemption. The FA 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 en sure that it is in a

condition for safe flight. If the inspe ction reveals a condition t hat 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 mus t be included in the

preflight inspection. All maintenance a nd alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or a lterations that affect the

UAS operation or flight characteristics, e.g. replacem ent o f a flight critical

component, must undergo a functional test flight. The PIC wh o 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.

ino perable components, items, or equipme nt, not already covered in the

relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component,18 maintenance, overhaul, replacement, inspection, and life limit req uirements.

14. The operator must carry out its maintenance, inspections, and record

keeping requirements, in accordanc e with the operating documents.

Maintenance, inspection, alterations, and status of replacement/overhaul

compon ent parts must be noted in the aircraft records, including total time in

service, des cription of work accomplished, and the signature of the

authorized person returning the UAS to service.

15. Each UAS operated under this exemption mus t comply with all

manufacturer Safety Bull etins.

16. The authorized person must make an entry in the air craft record of the

corrective action taken against discrepancies discovered between inspections.

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

current third

- class medical certificate.

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

operator’s qualification criteria and demonstrates the ability to safely operate

the UAS in a manner consistent with how the UAS will be operated und er the

exemption, including evasive and emergency maneuvers and mai ntaining

appropriate distances from persons, vessels, vehicles

, and structures. PIC

qualification flight hours must be logged in a ma nner 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, t raining operations

may only be conducted during dedicated training sessions. Dur ing training,

proficiency, and experience

- building flights, all persons not essen tial for

flight operations are considered nonparticipants, and the PIC must o perate

the UA with appropriate distance from nonparticipants in accordance with 14

C.F.R. § 91.119.

19. UAS operations may not be conducted during ni ght, as defined in 14

C.F.R. § 19.1. 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 fligh t rules (SVFR) are not authorized.

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

point as denoted on a current FAA

- published aeronautical char t 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 airport management must

be made available to the Administrator upon request.19 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 the UA loses communications or loses its GPS si gnal, it must return to

a pre

- determined location within the planned operating ar ea and land 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 un less (considering wind

and forecast weather conditions) there is enough p ower 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 Traffic Organizati on (ATO) issued

Certificate of Waiver or Authorization (COA) prior to conducting any

operations under the grant of exemption. This COA will also require the

o perator to request a Notice to Airman (NOTAM) not more than 72 hours in

adva nce, but not less than 48hours prior to the operation. All operations shall

be conduct ed in accordance with airspace requirements in the ATO issued

COA including class o f airspace, altitude level and potential transponder

requirements.

26. All aircraft operated in accordance with the e xemption 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 conduct ing operations, the radio frequency s pectrum used for

operation and control of the UA must comply with the Fed eral

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 remai n clear 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.20 31. Flight operations must be conducted at least 500 feet from all

nonpart icipating persons (persons other than the PIC, SO, operator t rainees 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 t he even t of an

accident. The operator must ensure that nonparticipating persons remain

und er such protection. If a situation arises where nonparticipating

persons leave such protection and are within 500 feet of the UA, flight

operations must cease immedia tely and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determin ed that it does not present

an undue hazard, and;

c. Operations nearer to the PIC, SO, operator tr ainees or essential persons

do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted o ver private or controlled

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

representative. Permission from land owner/controller or aut horized

representative will be obtained for each flight to be conducted.

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

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

must be reported to the FAA's UAS Integration Of fice (AFS

- 80) within 24

hours. Accidents must be reported to the Na tional Tran sportation Safety

Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov

.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b)

Would Not Adversely Affect Safety.

Sonoran Sky Aerial Photography submits that the equivalent level of safety established

by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the

DJI Phantom 3 UAS 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 3 UAS in a manner

consistent with the exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

Considering Sonoran Sky Aerial Photography ’s proposed area of operat ions, and the

operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge

requirements to those of commercial pilot requirements (Se e Exemption No. 11062); and the21

airmanship skills necessary to safely operate the DJI Phantom 3 UAS, Sonoran Sky Aerial

Photography submits that the additional manned airmanship experience of a c ommercially

certificated pilot would not correlate to the ai rmanship skills necessary for Sonoran Sky Aerial

Photography’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS,

in circumstances similar, in all material respects, t o those prese nted herein (e.g. Exemption Nos.

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 1111 0, 11112, 11136, 11138, 11150,

11153, 11156, 11158, 11159, 11160, 11161).

Sonoran Sky Aerial Photography will not allow any PIC to operate the DJI Phantom 3

UA S unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI

Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the 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.

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 h our requirements, the PIC must

accomplish 3 takeoffs and landing s 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 Sonoran S ky Aerial Photography ’s proposed operations. The Admi nistrator has

held t hat 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 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 incl uding at least 10 hours logged as a UAS pilot

with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must

also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the

same make and model of UAS to be used fo r operations under the exemption. For

clarification, the FAA considers these minimum hour requirements to be inclusive

rather than additive; i.e. 5 hours make and model time may be included in the 10 hours

of multi

- rotor time and the 10 hours may be inc luded in the total 25 hours of UAS

rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3

takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds

that at a minimum, t he flight

- hour requirements in E xemption No. 11062 are appropriate

to practice and b uild proficiency in the skills necessary to safely conduct the petitioner’s

proposed operations. The FAA also finds that prior documented flight experience that

was obtained in compliance with applicable regulations would satisfy this requirement.

Train ing, proficiency, and e xperience

- building flights can also be conducted under the22

grant of exemption to accomplish the required flight time. Dur ing training, proficiency,

and experience

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

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Sonoran Sky Aerial Photography will ensure safe operations by not

allowing any PIC to operate the DJI Phan tom 3 UAS unless that PI C has demonstrated, by

meeting minimum flight

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

the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and main taining appropriate distances from people, vessels, vehicles

, and

structures.

3. 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, Sonoran Sky Aerial Photography will ensure that the DJI Phantom

3 UAS is in an airworthy condition based upon the UAS’s complianc e with its operating

documents and as stated in the conditions and limitations he rein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to

UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not

Adversely Affect Safety.

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

the altitude information of the DJI Phantom 3 UAS will be provided to the PIC via GPS

equipment and a radio communications telemetry data link, which downlinks from the UA to the

GCS for active monitoring of the flight pa th an d altitude. This altitude information, combined

with Sonoran Sky Aerial Photography ’s operation of the DJI Phantom 3 UA within visual line of

sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The

altitude informat ion will be genera ted by GPS equipment installed onboard the aircraft. Prior to

each flight, a zero altitude ini tiation point is automatically established by the UAS at ground

level.

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

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons W hy An Exemption From The Requirements Of Section 91.151(b) Would Not

Adversely Affect Safety.23

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 specificatio ns of the DJI Phantom 3

UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed

flight operations. Accordingly, Sonoran Sky Aerial Photography will ensure that it will safely

operat e the battery powered DJI Phant om 3 UA S during daylight hours in VFR conditions, with

enough battery power to fly for a total duration of 23 minutes

.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3

UAS; the limitations on the proposed flight operat ions; an d the location of the proposed

operations, will ensure an equivalent level of safety established by 14 C.F.R. Section

91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UAS provide audible and

visual warnings to the PIC at the G CS when the UAS experiences low battery voltage, the

first warning occurring at approximately 33% remaining battery power, and again at

approximately 10% remaining battery power. At the critically low battery level, the DJI

Phantom 3 UAS will descend an d 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 b een granted for manned aircraft to operate at

less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745,

and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to

UAS, in circumstances sim ilar, in all material respects, to those present ed herein (e.g. Exemption

Nos. 8811, 1080 8, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109,

11110, 1113 6, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Wh y An Exemption From The Requirements Of Sec tions 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, Sonoran Sky Aerial Photography sub mits that the equivalent

level of safet y with regard to the regulatory maintenance and alterati on requirements established

by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met

because Sonoran Sky Aerial Photography will use trained technicians to perform maintenance,

alterations, or preventive maintenance on the UAS using the methods, techniques, and

practices prescribed in the operating documents (i.e., the Sonoran Sky Aerial Photography

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Ins truction Manual).

Furthermore, Sonoran Sky Aerial Photography will document and ma intain all maintenance

records for the DJI Phantom 3 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating

documents, Sonoran Sky Aerial Photo graphy 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 3

User Manual is attached hereto as Appendix A

.

Likewise, the exemption sought will not adversely affect sa fety because Sonoran Sky

Aerial Photography will use trained technicians to perform maintena nce, alterations or24

preventive maintenance on the UAS using the methods, techniques, a nd practices prescribed by

the operating documents.

Furthermore, the exempt ion 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 3 UAS will be performed by trained technicians. Maintenance will be documented and

maintained ut ilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely

affected when the technical chara cteristics and operat ing limitations of the UAS are considered.

In consideration of Sonoran Sky Aerial Photography’ s propo sed operating limitations,

the operating documents, and the technical aspects of the DJI Phantom 3 UAS, Sonoran Sky

Aerial Photogra phy 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 relief specific to UAS in circumstances similar, i n all material

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11112, 1113 6, 11138, 11150, 11153, 11156, 11157, 11158, 11159,

11160, 11161).

7. The FAA May Prescribe Any Other Cond itions 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, Sonoran Sky Aerial Photography

requests that the FAA prescribe special conditions for t he intended opera tion of the DJI Phantom

3 UAS, 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, 91.15 1(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b). Such special conditi ons will permit safe operation of the UAS for the limited

purpose of conducting aerial video and photography over cert ain areas of the United States for

compensation or hire. F MRA Section 333 sets forth the requirements for considering whether a

UAS will create a haz ard to users of the NAS or the public, or otherwise pose a threat to national

security; and further, pro vides the authority for s uch UAS to operate without airworthiness

certification in ac cordance with any requirements that must be established for the safe operation

of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursu ant to 14 C.F.R. §

21.16, for operation of the DJI Phantom 3 UAS , since the a irworthiness 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 Conditio ns, states the following:

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

adequate or appropriate safety standards for an aircraft, ai rcraft engine, or propeller

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

he prescribes special conditions and amendments thereto for the product. The special25

conditions are issued in accordance wi th Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to

establish a level of safety equival ent 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 co nditions for Sonoran Sky Aerial Photography ’s intended operation of the DJI

Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to

es tablish a level of safety equivalent to that established by 14 C.F.R. Part 21, Su bpar t H, and 14

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

Which Sonoran Sky Aerial Photo graphy Seeks Exemption:

Sonoran Sky Aerial Photography 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 T he Nature Of The Exemption Sonoran Sky Aerial Photography

Seeks:

This exemption will permit Sonoran Sky Aerial Photography to commercially operate

an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and

photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Sonoran Sky

Aerial Photography ’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 opera te safely in the NAS. As such, Sonoran Sky Aerial Photography ’s request for

exemption may be grante d pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part

11, as set f

orth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will

create a hazard to users of the NAS or the public, or otherwise pose a threat to national security;

and further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Sonoran Sky Aerial Photography will operate the DJI

Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public,

or otherwise pose a threat to national security.26 CONCLUSION

As set forth herein, Sonoran Sky Aerial Photography seeks an exemption pursuant to 14

C.F.R. §11.61 and Section 333 of the FAA Modern ization and Reform Act of 2012 (FMRA),

which will permit safe operation of the DJI Phantom 3 UA S commercially, without an

airworthiness certificate, for the limited purp ose of conducting aerial video and photography

over certain areas of the United States. By granting this Petition, the FAA Administrator will be

fulfilling the Co ngressional mandate of the FAA Modernization and Reform Act of 2012, while

also advancing the interests of the public, by allowing Sonoran Sky Aerial Photography to safely,

efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Sonoran Sky Aerial Photography

respectfully requests that the Administrator grant this Petition for an exempti on from the

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.15 1(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Sonoran Sky Aerial

Photography to operate the DJI Phantom 3 UAS commercially for the purpose of conducting

aerial vide o and photography over certain areas of the United States.

Dated: October 29 , 2015

Respectfully submitted,

Kyle Hershberger

Owner

Sonoran Sky Aerial Photograp h y

6822 W Harwell Rd.

Laveen, AZ 85339

480

- 577

- 1530

hershbek1@hotmail.com27 APPENDIX

– A

DJI Phantom 3 Professional Manufacturer’s User Manual

http://download.dji

innovations.com/dow nloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.6_en.pdf