1

November 16 , 2015

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

RE: UNMANNED AVIATION GROUP, LLC

UNMANNED AVIATION GROUP, LLC DOES HEREBY REQUEST AN EXE MPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL

REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNIN G COMMERCIAL

OPERATION OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO

SECTION 333 OF

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

- 95)

Petitioner: Unmanned Aviation Group, LLC 3213 Duke St, #315

Alexandria VA 22314

Contact Person: Kiat Oboler, Esq The Oboler Law Firm, P.C.

9 921 4th Ave, Ste 5G Brooklyn NY 11209 kiatoboler@uagoptix.com (p) 646

- 522

- 18142

TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS

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

SUMMARY

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

INTRODUCTION A ND INTERESTS OF PETITIONER

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

BACKGROUND

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

BASIS FOR PETITION

................................ ................................ ................................ ....... 7

NAME AND ADDRESS OF PETITIONER

................................ ................................ ........ 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH UNMANNED AVIATION

GROUP SEEKS EXEMPTION

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

THE EXTENT OF RELIEF UAG SEEKS AND THE REASON THE

UNMANNED AVIATI ON GROUP SEEKS THE RELIEF...................

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

THE REASONS WHY GRANTING UNMANNED AVIATION GROUP'S REQUEST

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

................................... 14

THE REASONS WHY GRANTING THE EXEMPTION TO UNMANNED AVIATION

GROUP WOULD NOT ADVERSELY AFFECT SAFETY

................. .............................. 16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

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

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT UNMANNE D AVIATION GROUP'S REQUES T ...........

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

CONCLUSION

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

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

. 2 73

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airm an PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorolo gical Conditions

VTOL Vertical Takeoff and Landing4

SUMMARY

Unmanned Aviation Group, LLC hereafte r referred to as UAG 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 ( DJI Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exem ption will permit UAG to operate an Unmanned Aircraft System (UAS) for

the commercial purpose of conducting aerial acquisitions via video and photography of construction sites, infrastructure inspections, residential and commercial real estate, agricultural sites, and civil landscapes over certain areas of the Unite d States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

UAG was founded in 2012 to provide clients (to include private sector business and non

- profits, along with local state agencies) with expertise and knowledge in video and multimedia, public

relations and training using advanced technologies and solutions. The foun ding members of the UAG are veterans of the armed forces and bring considerable experience to the fast growing unmanned aviation industry.

Unmanned Aviation Group , LLC Board of Managers:

Ro bert Kane, Managing Member

Air Force Veteran

– Robert is a military veteran pilot with 14 years of aviation experience and flight time in excess of 3500 incident free hours. Robert, the UAG Pilot in Command (PIC), is a certified commercially licensed airl ine pilot with the following certificates and ratings: ATP#3755508, FAA First Class Medical Certificate (No Restrictions), B

- 737, B

- 707, B

- 720, BE

400, MU

- 300 Type, USAF Senior Pilot, Flight Safety Commander, International Command Pilot.

He is most recen tly tasked as Aircraft Commander, E

- 3A NATO AWACS (707

- 300). Robert was brought on board to UAG as our Pilot In Command and to build, manage, train and maintain our squadron of UAV pilot/operators. Robert ensures proper oversight on projects in the field, on going training of our operator/pilots, and meticulous flight operations and maintenance records/logs of our aircraft.

Gene Rowley, Co

- Founder/Managing Member Army Special Forces Veteran

– UAS Mission Commander, Gene has led 24/7 UAS operations in

multi ple contingency environments. He is considered one of the worlds foremost experts for the RQ

- 7B Shadow and has performed all aspects of UAV flight duties. Gene serves as UAG's chief UAS operations expert and works with clientele to build customized UAS sol utions to their critical requirements.

Cash Gordian, Co

- Founder/Managing Member

Airforce Veteran

– Cash Gordian is a highly

- regarded leader and acquisition expert with 20 plus years of experience in government procurement policy and process, he has a pro ven record of success in developing and building businesses related to public sector procurement and acquisition. Achieving the designation as Acquisition Professional, he held responsible positions as a warranted procuring and administrative contracting o fficer (PCO and ACO). He served for 20 years as an officer in the US Air Force specializing in the Acquisition and Contract Management field. He possesses an unlimited warrant on behalf of the Department of Defense. Cash has a Bachelors Degree in Criminal Justice and possesses a Masters Degrees in Business Administration (MBA)And Master of Arts (MA) Degrees in both Procurement And Acquisitions Management And Organizational Security Management.5

At UAG, Cash leads strategic engagements with several federal clients in both civilian agencies and the Department of Defense. As a founder Cash has developed and grown UAG's capabilities through leadership and successful integration of the company’s Acquisition, Organizational, Performance and Program Management ser vices.

Gil Gordian, Founding/Co

- Founder/Managing Member Air Force Veteran, and Juris Doctorate, Gil is an Intelligence, Surveillance, and Reconnaissance (ISR) Subject Matter Expert. As a former Air Force Officer he also has extensive experience in

UAV and Fixed Wing Collection Management and Cyber Operations. Gil works closely with Mr. Cash Gordian by providing critical information on required sensor based systems and collection requirements needed to fulfill specific customer needs. He supports flight op erations by ensuring the proper platforms are coupled with the most appropriate sensors and software to ensure mission success and client satisfaction. Gil also manages our compliance staff and works with Mr. Oboler to ensure the team is processing our cli ents' compliance documents in a timely and effective manner. Along with oversight of Section 333 Exemption submissions, he also overseas the continuous processing of specialized Certificate of Authorization requests and Notice To Airmen (NOTAM) submissio ns for our clientele.

Kiat Oboler, Esq.

– Managing Member

Mr

. Oboler, a New York State Attorney, has been working in the UAV industry providing legal compliance advice to clients since the inception of Unmanned Aviation Group in 2012. It is Mr.

Oboler who overseas all regulatory issues for UAG and UAG clientele and ensures compliance via Section 333 Exemptions, Aircraft Registration, and Certificates of Waiver/Authorization.

UAG Utilization of UAS

UAG utilize s the DJI Phantom 3 Pro Unmanned Aircraft Sys tem as the basis of its aerial operations to provide a more affordable, high

- quality production system for a variety of governmental, commercial, public, and residential uses, specifically targeting :

a) Construction site inspections b) Real estate marketing c) Geo surveying d) Agricultural data collection e) Private and governmental training f) Engineering inspections of internal storage tanks6

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS UAG seeks an exemption to operate DJI Phantom 3 (Pro) system fo r compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) incorporating electronic table or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8lb while having a diagonal dimension of 23.2", a maximum speed of approximately 16.4 fps and a maximum flying height of

400 ft

– anticipated not flying above 200 ft. The DJI Phantom 3 is equipped with four main rotors; driven by Lithiu m Polymer battery powered electric motors. The DJI Phantom 3 that will be operated by UAG will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration

, and marked in ac cordance with 14 C.F.R. Part 45, Identification and Registration Markin g7

BASIS FOR PETITION

P etitioner, UAG , 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), Se ction 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3, UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & ( b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, UAG operation of DJI Phan tom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, UAG 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 for maintenance that only apply to

aircraft with an airworthiness certificate.

UAG submits that the requested relief is proper since an equivalent level of safety will be

ensured. UAG will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, UAG 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 UA G 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

- hour and currency requirements, that the

PIC is a ble to safely operate the DJI Phantom UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

UAG seeks relief from Section 91.7(a), ent itled Civil aircraft airworthiness

, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, UAG submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy conditio n, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. UAG also seeks an exempti on from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC via Global Positionin g System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with UAG' s operation of the

DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.8

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

. UAG submits that safet y will not be affected by operation of the DJI Phantom 3 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 23 minutes. Battery power i ndicators 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 take

off.

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

A. Name And Address Of The Petitioner.

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

Petitioner: Unmanned Aviation Group, LLC 3213 Duke St, #315

Alexandria VA 22314

Contact Person: Kiat Oboler, Esq. The Oboler Law Firm, P.C. 9921 4th Ave, Ste 4G Brooklyn NY 11209 kiatoboler@uagtopix.com (p) 646

- 522

- 18149

B. The Specific Sections Of 14 C.F.R. From Which UAG Seeks Exemption.

1. UAG Seeks Exemption From Th e Requirements Of Section 61.113(a) And (b).

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

, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act 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 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.

2. UAG 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. UAG Seeks Exemption From The Requirements Of Section 91.121.

Section 91.1 21, entitled Altimeter settings , subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

--

(1) Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the cur rent 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 available before departure.10

4. UAG Seeks Exemp tion 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 win d 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. UAG Seeks Exemption From The Requirement Of Section 91.405(a).

Sectio n 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. UAG 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 alteration unless

--

(1) It has been approved for return to service by a pers on authorized under § 43.7 of this chapter[.]

7. UAG Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

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

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

--

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

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.11

8. UAG Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance reco rds , subsections (a) and (b), state the following:

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

(1) R ecords of the maintenance, preventive maintenance, and alteration and

records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, an d 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 engine, each propeller, and

each rotor.

(ii) The current status of life

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

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

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

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety

directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

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

alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances.12

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a regist ered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief UAG Seeks And The Reason UAG Seeks The Relief.

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

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in

command , is requested to the extent necessary to allow a PIC holding a private pilot or highe r 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 limit ations 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) Th e aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, UAG submits 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 requirements, demonstrating that the PIC is able to safely operate either the 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.

Further, UAG submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to U AG ' s business; and (2) will not carry passengers or property for compensation or hire.13

2. Extent Of Relief UAG Seeks And The Reason UAG 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 UAG to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e.,

UAG Aerial Operations Manual, Monthly Maintenance L og, and DJI Phantom 3 Instruction Manual).

UAG seeks the requested relief because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, UAG will ensure that the

DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions a nd

limitations below.

3. Extent Of Relief UAG Seeks And The Reason UAG 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 barome tric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), UAG seeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, befor e 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 equivalent le vel of safety will be maintained since the DJI Phantom 3 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 w ith altitude information of the UA on the heads

- up display of the GCS.

4. Extent Of Relief UAG Seeks And The Reason UAG Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is

reques ted 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 duration of 23 minutes. UAG seeks the requested relief becaus e without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom3 UAS will severely constrain the practicality of any aerial video or still photo flight operations that UAG proposes to conduct pursuant to this Peti tion. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and UAG' proposed operating limitations, ensure that UAG will safely operate the battery powered DJI Phantom 3 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 23 minutes.14

5. Extent Of Relief UAG Seeks And The Reason UAG 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, UAG requests relief from these Sections because the

DJI Phanto m 3 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, UAG will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the UAG Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manu al). Furthermore, UAG will document and maintain all maintenance records for the DJI Phantom 3

UAS.

D. The Reasons Why Granting UAG Request Would Be In The Public Interest; That Is,

How It Would Benefit The Public As A Whole.

Granting the present Petiti on will further the public interest by allowing UAG to safely, efficiently, and economically perform aerial video and photography of construction sites , perform aerial inspections, geosurveys, agricultural data collection, and training and consulting servi ces 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. Notably, the benefits of UAG ' proposed operation of the DJI Pha ntom 3 UAS will be realized without implicating any privacy

issues.

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

The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical

alternative to the manned aircr aft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to per perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned aircraft needed to perform the aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircr aft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.15

2. The Public Will Benefit From The S afety And Efficiency 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 traditiona l aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combu stion engine aircraft that are typically utilized for aerial video and photography, while burning approximately

20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminat es noise pollution, as the UAS are propelled by battery 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 grou nd, 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 3 UAS (weighing approximate ly 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typic ally conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

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

Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of

the DJI Phantom 3 UAS will allow Un ited States based companies, UAG to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U .S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to man ned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 UAS, companies such as UAG, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a

stable workforce that increases consumer spending; i mproves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition fligh t operations that have been conducted for decades, UAG' 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., UAG Aerial Op erations Manual, Monthly Maintenance Log, and DJI Phantom 316

Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum

altitude req uirements 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 UAG Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, UAG' operat ion of the DJI Phantom 3 UAS 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 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.

-- Notwithstand ing 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 the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

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

--

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

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

(c) Requirements for Safe Operation.

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

In seeking this exemption, UAG submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.17

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 UAS does not create a h azard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

The technical specifications of the DJI Phanto m 3 UAS are set forth by the DJI Phantom 3 User Manual, attached hereto as Appendix A.

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain Within A Defined Operational Area

The DJI Phantom 3 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages 11 of the DJI Phantom 3 User Manual attached hereto as Appendix A.

iii. The DJI Phantom 3 UAS Are Designed For Autom atic 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 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does not r eacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto as Appendix

A.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Ph antom 3 GCS and flight control software is provided at pages 23 through 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 Certifi cated Pilot in Command With A Safety Observer.

UAG video and/or photography production staff will be the only person(s) to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist him at all times during flight time.

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

In seeking this exemption, UAG proposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations.18

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 5 5 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 limited to conducting operations f or the purpose of aerial acquisitions via video and photography

.

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

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

in feet AGL.

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

- issued airman medical

certificate.

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

6. All operations must ut ilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

7. The SO must not per form 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.

8. The operating documents and the grant of exemption mus t be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the condi tions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It

is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption . If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80)19

may be contacted if questions arise regarding updates or revisions to the operating

documents.

9. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of

the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance

and alter ations must be properly documented in the aircraft records.

10. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flig ht. The PIC who conducts the functional test flight must make an entry in the aircraft records.

11. The pre

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

se ctions of the operating documents.

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

13. The operator must carry out its maintenance, inspections, and record keepi ng 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.

14. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

15. The authorized person must make an entry in the aircraft maintenance record of

the correct ive action taken against discrepancies discovered between inspections.

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

third

- class medical certificate.

17. The operator may not permit any PIC to operate unless the PIC meets t he operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from p ersons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, trai ning operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with ap propriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.20

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

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

d enoted on a current FAA

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

upon request.

20. 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.

21. If the UA loses c ommunications or loses its GPS signal, it must return to a pre

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

22. The PIC must abort the flight in the event of unpredicted obstacles o r emergencies in accordance with the operating documents.

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

24. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operato r to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, alti tude level and potential transponder requirements.

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

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

26. 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 g overnment oversight agency requirements.

27. The documents required under 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 Administrato r or any law enforcement official upon request.21

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

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

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

a. Barriers or structures are present that sufficiently protect nonpar ticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 fee t of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assess ment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a)

.

31. All operations shall be conducted over 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

fl ight to be conducted.

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

- 80) within 24 hou rs. Accidents must be reported to the National Transportation 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) A nd (b) Would Not Adversely Affect Safety.

UAG 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 meet ing 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 maintaining appropriate distances from people, vessels, vehicles and structures.

Considering UAG' proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11 062); and the airmanship skills necessary to safely operate22

the DJI Phantom 3 UAS, UAG submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for UAG's specific p roposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 1 1080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

UAG will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3 UAS t raining 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 s tructures.

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 mode l of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during UAG' s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance wi th 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 l ogged, 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. 11062, the PIC must also

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

multi

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

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

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

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

distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, UAG will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour23

and currency requirements, that the PIC is able to safely operate the DJI Phantom 3

UAS in a manner consistent with th e 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) Would Not Adversely Affect Safety.

The equ ivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, UAG will ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in t he conditions and

limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

The equivalent level of safety establi shed 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 o f the flight path and altitude. This altitude information, combined with UAG' s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information wi ll be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation 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 Why An Exempt ion From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Ph antom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, UAG will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditio ns, with enough battery power to fly for a

total duration of 23 minutes.24

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location of the proposed operations , will ensure an equivalent level of safety established by 14 C.F.R. 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 GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically.

Significantly, previous exemptio ns granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for 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 similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a),

91.407 (a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, UAG submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because UAG will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in th e operating documents (i.e., UAG Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, UAG will document and maintain all maintenance records for the DJI Phantom 3

UAS.

Since the DJI Phantom 3 UAS will be i nspected as prescribed by the operating documents, UAG will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy o f the DJI Phantom 3 User Manual is attached hereto as Appendix B.

Likewise, the exemption sought will not adversely affect safety because UAG will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Further more, 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 3 UAS will be performed by trained technicians. Maintenance will be documented and m aintained utilizing 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 technic al characteristics and operating limitations of the UAS are considered. In consideration of UAG's proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, UAG submits that safety will not be adversely25

aff ected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Othe r Conditions For Safe Operations

In accordance with Secti on 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , UAG requests that the FAA prescribe special conditions for the intended operation 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, 91.151(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 cons idering 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 in accordance with any requiremen ts that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS, 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 FAA finds that the airworthiness regulations of this sub chapter 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 propeller, he prescribes special conditions and amendments there to for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that e stablished in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for UAG's intended operation 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 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

9 1.417(a) & (b).26

• A Summary That Can Be Published In The Federal Register, stating: The Rules

From Which UAG Seeks Exemption:

UAG seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407 (a)(1), 91.409(a) (1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption UAG Seeks:

This exemption will permit UAG to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and pho tography over certain areas of the United

States.

Any Additional Information, Views, Or Arguments Available To Support

UAG' Request.

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

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

As discuss ed in detail above, UAG 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.

CONCLUSION

As set forth herein, UAG seeks an exemption pursuant t o 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by

allowi ng UAG to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.27

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, UAG respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to ope rate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: November 1 6 , 2015

Respectfully submitted,

Unmanned Aviation Group, LLC 3213 Duke St, #315

Alexandria VA

K iat Oboler, Esq. The Oboler Law Firm, P.C. 9921 4th Ave, #5G Brooklyn NY 11209 kiatoboler@uagoptix.com (p) 646

- 522

- 1814

Appendices :

A

- DJI Phantom 3 Pro Technical Specifications Data Sheet

B

- DJI Phantom 3 Pro User Manual Hyperlink

APPENDIX

– A

DJI Pha ntom 3 Professional TECHNICAL SPECIFICATIONS Unmanned Aviation Group only utilizes safe and reliable UAS. 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 no t 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 lo cation information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 3 Professional

1.1.1 Aircraft28

1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g)

1.1 .1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

– 200 ° /s 1.1.1.5 Max Tilt Angel

– 35 ° 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 ° 1.1.2.3 Controllable Range

– Pitch:

- 90 °

- 0 ° 1.1.2.4 Maximum Angular Speed

– Pitch: 90 ° /s

1.1.3 Camera 1.1.3.1 Operating Temperature Range

– 32 ° F

– 104 ° F (0 ° C

– 40 ° C)

1.1.3.2 Sensor Size

– 1/2.3”

1.1.3.3 Effective Pixels

– 14M

1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

– 110 ° /85 °

1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85 GHz 1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m 1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm

1.1.4.4 Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@3.7V 1.1.5 Range Extender 1.1.5.1 Operating Frequency

– 2412

- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m

1.1.5.3 Transmitter Power

– 20dBm 1.1.5.4 Power Consumption

– 2W

APPENDIX

– B DJI Phantom 3 Professional User Manual Hyperlink

htt p://download.djiinnovations.com/downloads/phantom_3/en /Phantom_3_Prof essional_ User_Manual_v1.2_en.pd f