## C **ORBETT** 

## P **RICE** 

## L **AW .**  **612 SPRUCE STREET SCRANTON, PA 18503**  **Joeprice@CorbettPricelaw.com**

**570 -**  **955 -**  **7418** April 1 , 2015 **VIA First Class US Mail** United States Department of Transportation Docket Management System 1200 New Jersey Ave., SE West Building Ground Floor Room W12

- 140 Washington, DC 20590 **RE: Exemption Request Pursuant to Section 333 of the FAA Reform Act of**  **2012** Dear Sir or Madam: We represent Kapeesh Enterprises, LLC, a Pennsylvania Limited Liability Company doing business as Access Aerial (“**Access Aerial** ”). We are writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained in 14 C.F.R 11, to request that Access Aeri al, an owner and operator of Small Unmanned Aircraft Systems, be exempted from the Federal Aviation Regulations listed below so that Access Aerial may operate its small, lightweight Unmanned Aircraft Systems (“UAS”) commercially in airspace regulated by th e Federal Aviation Administration (“FAA”). Founded by John Culkin of Scranton, PA and Lee DeAngelis of Jessup, PA, Access Aerial has become the Northeastern Pennsylvania’s leaders in capturing high definition aerial imagery through the use of its UASs. Mr. Culkin and Mr. DeAngelis have logged hundreds of flight hours over the past two (2) years with their DJI Phantom UASs, always ensuring that flights are conducted in a safe manner and in accordance with the FAA guidelines. Access Aerial has been a leading advocate for the safe and proper use of UASs by hobbyists. Through their videos posted to many social media outlets such as YouTube and Facebook, Access Aerial has garnered the attention of several print and television news sources and has utilized each op portunity to promote and stress the importance of hobbyists using their UASs in accordance with FAA regulations.2 To this date, Access Aerial has refused a multitude of advances made by area businesses and individuals alike to use their aerial imagery cap abilities for commercial purposes. Based primarily in Scranton, Pennsylvania, Access Aerial now seeks permission to fly its UASs commercially in the United States to capture aerial imagery for local Northeastern Pennsylvania Businesses and First Responders . Northeastern Pennsylvania is in dire need of an influx of business. Access Aerial seeks to use its expertise in the area of aerial imagery capturing to bring this much needed new business to the local area. Granting Access Aerial’s exemption will be granting Northeastern Pennsylvania the right to believe that there is hope on the horizon in the form of a modernization of business practices. Respectfully

Submitted,

_________________________ Joseph Gardner Price, Esq. Corbett Price Law 612 Spruce St. Scranton, PA 18503 Attorney I D 3173003 UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF: KAPEESH ENTERPRISES, LLC d/b/a ACCESS AERIAL**  **FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.**  **405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL**  **OPERATION OF DJI PHANTOM 2 VISION+ AND DJI PHANTOM 3** 

**UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT OF 2012**

**(PUBLIC LAW 112**  **- 95)** 4 Submitted on April 1 , 2015

**TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUMMARY...................................................................................................................... .....4 IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4 BACKGROUND................ ....................................................................................................4 BASI S FOR PETITION.........................................................................................................5 NAME AND ADDRESS OF PETIT IO NER.............................................................7 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH ACCESS AERIAL SEEKS EXEMPTI ON.................................................................8 THE EXTENT OF RELIEF ACCESS AERIAL SEEKS AND THE REASON ACCESS AERIAL SEEKS THE RELIEF.........................11 THE REASONS WHY GRANTING ACCESS AERIAL ’S REQUEST WOULD BE IN THE PUBLIC IN TEREST .........................................................15 THE REASONS WHY GRANTING THE EXEMPTI ON WOUL D NOT ADVERSELY AFFECT SAFETY..........................................................................19 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER......34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT ACCESS AERIAL ’S REQUEST.........34 CONCLUSION................................................................................................................... .35 APPENDI CES........................................................................................375 **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 Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Stand ard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing6 **SUMMARY** Kapeesh Enterprises, LLC d/b/a Access Aerial (“Access Aerial”) 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 S ys tem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Access Aerial to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photograph y of constructio n sites, real estate, special events, film sets, and landscape over certain are as of the United States. Access Aerial reserved two (2) Special Registration Numbers with the FAA: N# N113AA, I CAO Code 50033531; N# N117AA, ICAO Code 50043065 to ensure that their UASs are properly registered with the FAA **INTRODUCTION AND INTERESTS OF THE PETITIONER** John Culkin of Scranton, Pennsylvania and Lee DeAngelis of Jessup, Pennsylvania combine to make up Access Aerial. Over the past year and a half , Access Aerial has garnered much attention through Northeastern Pennsylvania and the Mid

- Atlantic Region at the forefront of Unmanned Aerial S ys tems (UAS), namel y as hobb yi sts using their UASs to capture aerial imagery in a safe, FAA approved manner. Access Aerial has logge d hundreds of hours flying their DJ I Phantom UASs with a main focus alway s being on the safety of those on the ground and in the air alike. Access Aerial has participated in UAS safet y courses and has collaborated with other organizations such as Dart Dro nes to spread the word on the proper use of UASs in the national airspace. Based in Scranton, Pennsylvania, Access Aerial now seeks to use their experience in the area of UAS aerial image capturing to bolster the stagnant economic climate that7

exists in Northeastern Pennsylvania. The objective of Access Aerial is to provide Northeastern Pennsylvania business with high quality imaging for a variet y of comme rcial, public, and residential uses, specifically targeting:

 Motion Picture filming for use in vari ous businesses media campaigns

.

 Improving Local News Outlets access to high quality aerial imagery

.

 Aerial acquisitions of public and private structures for use b y realtors and propert y bu ye rs alike

.

 In crease public knowledge of UAS and promote safe UAS operations.

 Search and Rescue operations

.

 Volunteering their services to aid the efforts of First Responders

. **BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 2 Vision+ and DJ I Phantom 3 UASs Access Aerial seeks an exemption to operate DJIsy stems for compensation or hire within the NAS. The DJ I Phantom 2 Vision+ and DJIPhantom 3 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. The DJ I Phantom 2 Vision+ and DJIPhantom 3 has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately

29 knots. The DJ I Phantom 2 Vision+ and DJ I Phantom 3 are equipped with four main rotors; driven by L ithium Poly

mer battery

powered electric motors. The DJ I Phantom 2 Vision+ and DJ I Phantom 3 UA S s that will be operated by Jonathan Culkin and Lee DeAngelis . On November 18, 2014, Access Aerial reserved two (2) Spe cial Registration Numbers with the FAA: N# N113AA, ICAO Code 50033531; N#8

N117AA, ICAO Code 50043065 and will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in acco rdance with 14 C.F.R. Part 45, Identification and Registration Marking

. **BASIS FOR PETITION** Petitioner, Access Aerial , 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 , hereb y petitions the Administrator to commercial ly operate the DJ I Phantom 2 Vision+ and DJ I Phantom 3 in the National Airspace S ys tem (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, Access Aerial ’s operation of DJIPhantom 2 Vision+ and DJ I Phantom 3 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, Access Aerial 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 se t forth requirements for maintenance that onl y apply to aircraft with an airworthiness certificate. Access Aerial submits that the requested relief is proper since an equivalent level of safet y will be ensured. Access Aerial will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly9

Maintenance Lo g , and DJIPhantom 2 Vision+ and DJIPhantom 3 ). Furthermore, Access Aerial will document and maintain all maintenance records for the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Access Aerial to the extent necessary to allow a Pilot in Command (PI C) who has demonstrated that the PI C is able to safel y operate the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. An individual will ensure that the UAS remain in direct live

- of

- sight at all times that the PI C is flying the UAS. Access Aerial seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Access Aerial submits that i t will ensure that the DJ I Phantom 2 Vision+ and DJ I Phantom 3 and are in an airworth y condition, prior to every flight, b y determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Phantom 3 ), and that the aircraft are in a condition for safe flight. Access Aerial also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 2 Vision+ and DJ I Phantom 3 will not have a ty pical barometric altimeter onboard. However, altitude information of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 will be provided to the PI C via Global Positioning Sy stem10

(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 Access Aerial ’s operation o f the DJIPhantom 2 Vision+ and DJIPhantom 3 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally , Access Aerial seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Access Aerial submits that safety will not be affected b y operation of the DJIPhantom 2 Vision+ and DJI Phantom 3 during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly

for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Access Aerial provides the following information in support of its petition for exemption: **A. Name And Address Of The Petitioner.**  T he name and address of the Petitioner and point of contact is: Kapeesh Enterprises, LLC d/b/a Access Aerial 105 Church Street Jessup, PA 18434 Tel: ( 773) 77 1

- 0168 Email: john.culkin@gmail.com ; ljdeangelis@gmail.com **B. The Spec ific Sections Of 14 C.F.R. From**  **Which Access Aerial**  **Seeks Exemption. 1.**  **Access Aerial Seeks Exemption From The Requirements Of Section**  **61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:11 (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y for compensation or hire; n or 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 an y business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2. Access Aerial**  **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. Access Aerial**  **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, b y 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 current reported alti meter 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. **4. Access Aerial**  **Seeks Exemption From The Requirements Of Section**  **91.151(b).**12 Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. **5. Access Aerial**  **Seeks Exemption From The Requirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **6. Access A**  **erial 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 b y a person authorized under § 43.7 of this chapter[.] **7. Access Aerial**  **Seeks Exemption From The Requirements Of Sect ions**  **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 b y a person authorized by § 43.7 of this chapter; or13 (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **8. Access Aerial**  **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 sh all keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

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

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (i i) 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, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be over

hauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safet y directive number and revision date. If the AD or safety directive14 involves recurring action, the time and date when the next acti on is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records f or the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the air craft is approved for return to service. **C. The Extent Of Relief Access Aerial**  **Seeks And The Reason Access Aerial**  **Seeks The Relief.**  **1. Extent Of Relief Access Aerial**  **Seeks And The Reason Access Aerial**  **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 PI C 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 PI C of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more full y below, Access Aerial submits that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJ I Phantom 215

Vision+ and DJ I Phantom 3 UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate either the DJIPhantom 2 Vision+ and DJ I Phantom 3 UAS in a manner consistent with the operations s pecifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Access Aerial submits that all flights of the DJ I Phantom 2 Vision+ and DJIPhantom 3 UASs, conducted by the PI C pursuant to the grant of this Petition: (1) will be incidental to Access Aerial ’s business; and (2) will not carry passengers or property for compensation or hire. **2. Extent Of Relief Access Aerial**  **Seeks And The Reason**  **Access Aerial Seeks**  **Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Access Aerial to determine that the DJ I Phantom 2 Vision+ and DJIPhantom 3 UASs are in airworth y condition prior to every flight b y ensuring that the UAS is in compliance with the operating documents (i.e., the Access Aerial Aerial Operations Manual, Monthly Maintenance Log , and DJIPhantom 2 Vision+ and DJ I Phantom 3 ). Access Aerial seeks the requested relief because the DJ I Phantom 2 Vision+ and DJIPhantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Access Aerial will ensure that the DJIPhantom 2 Vision+ and DJ I Phantom 3 UASs are in airworthy condition based upon its compliance with the operating documents (i.e ., Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Phantom 3 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.16 **3. Extent Of Relief Access Aerial**  **Seeks And The Reason Access Aerial**  **Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings , may be r equired to allow flight operations of the DJIPhantom 2 Vision+ and DJIPhantom 3 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Access Aerial seeks the requested relief because the DJ I Phantom 2 Visi on+ and DJ I Phantom 3 altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since the DJIPhantom 2 Vision+ and DJIPhantom 3 UASs 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 PI C with altitude information of the UA on the heads

- up display of the GCS. **4. Extent Of Rel ief**  **Access Aerial Seeks And The Reason**  **Access Aerial Seeks**  **Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJ I Phantom 2 Vision+ and DJIPhantom 3 UASs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to17

fly after that for at least 4.5 minutes. Access Aerial seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 2 Vision+ and DJ I Phantom 3 UA S s will severel y constrain the practicality of an y aerial video or still photo flight operations that Access Aerial proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs, the DJIPhantom 2 Vision+ and DJ I Phantom 3 operating documents, and Access Aerial ’s proposed operating limitations, ensure that Access Aerial will safely operate the battery powered DJ I Phantom 2 Vision+ and DJ I Phantom 3 during daylight hours in visual mete orological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. **5. E xtent Of Relief**  **Access Aerial Seeks And The Reason**  **Access Aerial 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 appl y to aircraft with an airworthiness certificate, Access Aerial requests relief from these Sections because the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs do not require airworthiness certificates. As set forth more fully below, the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Access Aerial will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Access Aerial Aerial Operations Manual, Monthly Maintenance Log, and DJ I18

Phantom 2 Vision+ and DJIPhantom 3 Instruction Manual). Furthermore, Access Aerial will docume nt and maintain all maintenance records for the DJ I Phantom 2 Vision+ and DJIPhantom 3 UASs. **D. The Reasons Why Granting Access Aerial**  **’s Request Would Be In The Public**  **Interest; That Is, How It Would Benefit The Public As A Whole.** Granting the present Petition will further the public interest b y allowing Access Aerial to safely , efficiently , and economicall y perform aerial video and photograph y of of construction sites, real estate, special events, film sets, and landscape over certain areas of the Unit ed States. Additionally , use of the DJIPhantom 2 Vision+ and DJIPhantom 3 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the
econom y. Notabl y, the benefits of Access Aerial ’s proposed operation of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 2 Vision+ and DJ I Phantom 3 UA S s are battery powered and serve as a safe, e fficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 2 Vision+ and DJ I P hantom 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 propert y i n the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The19

DJIPhantom 2 Vision+ and DJIPhantom 3 UA S s do not require an airport to takeoff or land . L ikewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety And Efficiency Of The DJI**  **Phantom 2 Vision+ and DJI Phantom 3 UASs.**  Conducting aerial acquisitions with the DJIPhantom 2 Vision+ and DJ I Phantom 3 UASs, instead of manned aircraft, will greatl y benefit the publ ic by drastically

reducing the levels of air and noise pollution generated during traditional aerial video and still photograph y flight operations. By using battery power and electric motors, the DJ I Phantom 2 Vision+ and DJIPhantom 3 UA Ss produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typicall y utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 2 Vision+ and DJIPhantom 3 UA S s, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled b y battery powered electric motors, rather than an internal combu stion engine. By using the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJIPhantom 2 Vision+ and DJIPhantom 3 (weighing approximately

2 pounds 11 ounces and 6 pounds 7.5 ounces respectivel y, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively , widths of20

16 inches and 17.7 inches respectivel y, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty pically 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 Pho tography Operations With The**  **DJI Phantom 2 Vision+ and DJI Phantom 3**  **UASs Will Benefit The Economy.** In addition to being safe and efficient, the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJIPhantom 2 Vision+ and DJ I Phantom 3 UASs will allow United States based companies, like Access Aerial , to remain competitiv e and contribute to growth of the U.S. economy . Specificall y, 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
a lternative technology

in order to remain competitive. Operating the battery powered DJ I Phantom 2 Vision+ and DJIPhantom 3 UASs is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs, companies such as Access Aerial , 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 2 Vision+ and DJIPhantom 3 UASs, provides a stable workfor ce that increases consumer spending; improves local, state, and federal tax21

revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Access Aerial ’s proposed operation of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs will not implicate any privacy issues. Specificall y, the DJI Phantom 2 Vision+ and DJ I Phantom 3 UASs will be operated only in compliance with operating documents (i.e., the Access Aerial Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Phantom 3 In struction Manual) which requires property owner inv olvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The 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 Access Aerial**  **Seeks Exemption. 1. Reasons Why The**  **DJI Phantom 2 Visio n+ and DJI Phantom 3**  **UA S**  **s 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, Access Aeri al ’s operation of the DJ I Phantom 2 Vision+ and DJIPhantom 3 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to oper ate without airworthiness certification and sets forth requirements for considering whether a UAS will create a22

hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specificall y, FMRA Section 333 states the following, in part: (a ) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the 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 national airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Sa

fe 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 natio nal airspace system. In seeking this exemption, Access Aerial submits that the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJIPhantom 2 Visio n+ and DJIPhantom 3 UASs; (b) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 2 Vision+ and DJI Phantom 3**  **UASs D emonstrate Its Safe Characteristics.**  The DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

.23 **i. Technical Specifications Of The DJI Phantom 2 Vision+ and DJI**  **Phantom 3 UASs**  **.** The technical specifications of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs are set forth b y the DJIPhantom 2 Vision+ and DJ I Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A

.

**ii. The DJI Phantom 2 Vision+ and DJI Phantom 3**  **UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within**  **A Defined Operational Area.** The DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs may be operated in both manual and full y autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs is provided at pages 25

- 35 of the DJ I Phantom 2 Vision+ and DJIPhantom 3 User Manual , attached hereto as Exhibit B

.

**iii. The DJI Phantom 2 Vision+ and DJI Phantom 3**  **UASs Are Designed For Automatic Return To Home Point Or Hover In The Event Of**  **Loss Of The Control Link Or Navigation.** When the Control L ink is lost, the DJIPhantom 2 Vision+ and DJ I Phantom 3 UA S s will remain stationary , in flight, for 3 seconds or more . If, after 3 seconds, the DJ I Phantom 2 Vision+ and DJIPhantom 3 do not reacquire control link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will desce nd to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Phantom 2 Vision+ and DJIPhantom 3 UAS are set forth at pages 13 through 15 of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 attached hereto as Exhibit B

.

**iv. The DJI Phantom 2 Vision+ and DJI Phantom 3**  **GCS And Its Operation.** 24 A complete description of the operation and specifications of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 GCS and flight control software is provided at pages 32 through 43 of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 User Manual

**b. Flight Operations Of DJI Phantom 2 Vision+ and DJI Phantom 3**  **Are Limited To The Line Of Sight Of A Certificated Pilot in Command With**  **A Safety Observer.** Access Aerial will only

utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs. Additionally , a safety observer will assist all pilots during flight t ime.

**c. Flights Of DJI Phantom 2 Vision+ and DJI Phantom 3**  **U ASs Will Be**  **Conducted Pursuant To Specific Operating Limitations.** In seeking this exemption, Access Aerial proposes to commerciall y operate DJ I Phantom 2 Vision+ and DJIPhantom 3 UASs for the special purpose of conducting aerial video and photograph y 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 describe d in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 Vision+ and DJ I Phantom 3 Unmanned Aircraft Sy stems. Proposed operations of an y other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograph y. 3. The UAs may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved b y 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 PI C at all times. This requires the PIC to be able to use human vision unaided by an y25 device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y 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 alway s maintains VL OS capability

. The SO and PI C 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 duratio n of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the 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 (A FS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that af fects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspec tion. All maintenance and alterations must be properl y documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records.26 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraf t records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. T he authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y 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 persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of tr aining the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for f light operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

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

uthorized. 20. The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted i n accordance with a NOTAM as required by the operator’s COA.27 The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may

not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C. 22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in ac cordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and for ecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All op erations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified b y serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal 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 an y time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement official upon request. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle.28 31. Flight operations must be conducted at least 500 feet from al l nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or deb ris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately

and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the risk of operating closer to th ose objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident , accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the N ational 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) And (b) Would Not Adversely Affect**  **Safety.** Access Aerial submits that the equivalent level of safet y established b y Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 2 Vision+ and DJIPhantom 3 UASs unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergen cy maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.29 Considering Access Aerial ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical kno wledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safel y oper ate the DJ I Phantom 2 Vision+ and DJ I Phantom 3 , Access Aerial submits that the additional manned airmanship experien ce of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for Access Aerial ’s specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Access Aerial will not allow any PI C to operate the DJ I Phantom 2 Vision+ and DJIPhantom 3 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 2 Vision+ and DJIPhantom 3 that the PIC is able to safel y operate the DJ I Phantom 2 Vision+ and DJ I P hantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner con sistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour re quirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes).30 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 Access Aerial ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follow s: 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 tim e 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 PI C 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 PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (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 also 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 accomplish the required flight time. During training, proficiency , and experien ce - building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Access Aerial will ensure safe operations by not allowing an y PI C to operate the DJ I Ph antom 2 Vision+ and DJ I Phantom 3 UAS unless that PIC has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJIPhantom 2 Vision+ and DJ I Phantom 3 UAS in a manner consistent with the exempti on, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.31 **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent lev el of safety established b y Section 91.7(a) will be maintained because prior to every

flight, Access Aerial will ensure that the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstance s 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 Fr om** **The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UA S s will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Access Aerial ’s operation of the DJ I Phantom 2 Vision+ and DJIPhantom 3 UA S s within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircra ft. Prior to each flight, a zero altitude initiation point is automatically established by

the UASs at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption32

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adve**  **rsely 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 DJ I Phantom 2 Vision+ and DJIPhantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, Access Aerial will ensure that it will safely operate the battery

powered DJ I Phantom 2 Vision+ and DJ I Phantom 3 UA S s during daylight hours in VFR cond itions, with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b). Furthermore, saf et y will be ensured as the DJ I Phantom 2 Vision+ and DJIPhantom 3 UASs provide audible and visual warnings to the PI C at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately

33% remaining battery

power, and ag ain at approximately 10% remaining battery

power. At the criticall y low battery level, the DJ I Phantom Vision+ will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is no t adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned33

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 Affe ct Safety.**  In seeking this exemption, Access Aerial 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 Access Aerial will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Access Aerial Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Phantom 3 nstruction Manual). Furthermore, Access Aerial will document and maintain all maintenance records for the DJ I Phantom 2 Vision+ and DJ I Phantom 3 1 UASs. Since the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs will be inspected as prescribed b y the operating documents, Access Aerial will maintain the equivalent level of safet y established b y Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJ I Phantom 2 Vision+ and DJIPhantom 3 U ser Manuals are attached hereto as Exhibit B ; a copy of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 Maintenance LOG is attached hereto as Exhibit C

.34 Likewise, the exemption sought will not adversel y affect safety because Access Aerial will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safet y established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJIPhantom 2 Vision+ and DJIPhantom 3 UASs will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y 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 adversel y affected when the technical characteristics and oper ating limitations of the UAS are considered. In consideration of Access Aerial ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs, Access Aerial submits that safety will not be adversel y affected b y 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 previousl y granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.**35 In a ccordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , Access Aerial requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 2 Vision+
an d DJ I Phantom 3 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safet y 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 photograph y over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security ; and further, provides the authority for such UAS to operate without ai rworthiness certification in accordance with an y requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phant om 2 Vision+ and DJ I Phantom 3 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safet y 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 subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraf t, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety

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

to establish a level of safety equivalent to that established in the regulations.36

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 L eading Edge’s intended operation of the DJ I Phantom 2 Vision+ and DJIPhantom 3 UASs, which contain such safet y standards that the Administr ator finds necessary to establish a level of safety equivalent to that established b y 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules**  **From Which Access Aerial**  **Seeks Exemption:** Access Aerial 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 Access Aerial**  **Seeks:** This exemption will permit Access Aerial to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting a erial video and photography over certain areas of the United States. **G. Any Additional Information, Views, Or Arguments Available To Support**  **Access Aerial**  **’s Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Se ction 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, Access Aerial ’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the pub lic, or otherwise pose a threat to national37

security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Access Aerial will operate the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UAS s safel y 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, Access Aerial seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs commerciall y, without an airworthiness certificat e, 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, wh ile also advancing the interests of the public, by allowing Access Aerial to safel y, efficientl y, and economicall y operate the DJ I Phantom 2 Vision+ and DJ I Phantom 3 UASs commercially within the NAS. More importantly , granting Access Aerial this exemptio n will allow for Scranton and the rest of Northeastern Penns yl vania to advance its econom y and provide a new and refreshing business to the area. Granting Access Aerial’s exemption will be granting Northeastern Pennsylvania the right to believe that there is hope on the horizon in the form of a modernization of business practices. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Access Aerial respectfully requests38

that the Adminis trator 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 L eading Edge to operate the DJ I Phantom 2 Vi sion+ and DJIPhantom 3 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Date d: April 1 , 2015

Respectfully submitted, Access Aerial 1015 Church Street Jes sup, PA 18434

_________________________ John Culkin

_________________________ Lee DeAngelis

Appendic es : A

– DJ I Phantom 2 Vision+ and DJ I Phantom 3 Specifications Data Sheet B

– DJ I Phantom 2 Vision+ and DJ I Phantom 3 Manufacturer’s User Manual C

– Monthly

Maintenance Procedures and Log39 APPENDIX

– A **DJI PHANTOM 2 VISION+ AND DJI PHANTOM 3 TECHNICAL**  **SPECIFICATIONS** Access Aerial onl y utilizes safe and reliable UASs. DJI is an industry

leader in small UAS production. DJ I UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/t ablet devices) **DJI Phantom 2 Vision+** 1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJ I 5200mAH LiPo Battery 1.1.1.2 Weight (Battery

& Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy

(Ready to Fl y)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity - 200 0 /s 1.1.1.5 Max Tilt Angel

- 35 0 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; Dy namic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 0 1.1.2.3 Controllable Range

– Pitch:

- 90 0
- 0 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s 1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F
- 104 0 F (0 0 C

- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixel s
– 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 0 /85 0 1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

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

- - 93dBm 1.1.4.4 Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@3.7V 1.1.5 Range Extender40 1.1.5.1 Operating Frequency

– 2412

- 2462MHz 1.1.5.2 Communication Distance (unobstruc ted)

– 500

- 700m 1.1.5.3 Transmitter Power

– 20dBm 1.1.5.4 Power Consumption

– 2W **DJI Phantom 3 Professional** Performance Maximum Speed Ascent: 16.4' fps / 5 m/s Descent: 9.8' / 3 m Hover Accuracy Vertical: ±3.9" / 10 cm Horizontal: ±3.3' / 1 m Maximum Altitude Above Sea Level: 19,685' / 6000 m Flight Time 23 minutes (depending on conditions) Flight Control Sy stem GPS Mode GPS / GL ONASS

Vision Positioning Frequency : 50 Hz Velocity Range: Below 26.2 fps / 8 m/s (6.6' / 2 m above the ground) Altitude Range: 11.8" to 118.1" / 30 cm to 300 cm Operating Range: 11.8" to 118.1" / 30 cm to 300 cm Operating Environment: Surface with clear pattern and adequate lighting (> 15 lux) Transmitter Frequency 2.400 to 2.483 GHz Communication Distance 6561.7' / 2000 m (outdoors and unobstructed) Receiver Sensitivity 1%PER: 101 dBm ±2 dBm Transmitter Power EIRP: 20 dBm Working Current 1.2 A at 7.4 V41

Connectivity 1 x USB ty pe A female for mobile device interface 1 x Micro

- USB female for firmware updates / assistant software 1 x Charge port Li ghtbridge Support Yes; compatible iOS or Android mobile device with USB required Mobile Device Holder Compatibility : Tablet or smartphone Operating Temperature 32 to 104°F / 0 to 40°C

Camera

Sensor Make: Sony EXMOR Size: 1/2.3" Resolution: 12.76 MP (12.4 MP effective)

Lens Aperture: f/2.8 FOV: 94° Focal Length: 20 mm (35 mm equivalent) Elements: 9 Focus: 0 to ∞ Photo Resolution Up to 12 MP (4000 x 3000) ISO Range Video: 100 to 3200 Photo: 100 to 1600

Video Resolutions DCI4K (4096 x 2160): 24p, 25p UHD 4K (3840 x 2160): 24p, 25p, 30p 1080p (1920 x 1080): 24p, 25p, 30p, 48p, 50p, 60p 720p (1280 x 720): 24p, 25p, 30p, 48p, 50p, 60p

Photo Modes Single Shot Burst Shooting: 3/5/7 shots Auto Exposure Bracke ting (AEB): 3/5 Bracketed Frames at 0.7 EV Bias Time

- lapse42

File Formats Video: MPEG

- 4 AVC/H.264 in MOV wrapper (up to 60 Mbps) Photo: JPEG, DNG RAW

Recording Media Ty pe: microSD/SDXC card up to 64 GB Format: FAT32 / exFAT Note: Class 10, UHS

- 1 or faste r card required Operating Temperature 32 to 104°F / 0 to 40°C Gimbal Number of Axes 3

- axis (pitch, roll, yaw) Control Range

- 90° to +30° Motor Ty pe Brushless Recommended Takeoff Weight 10.6 oz / 300 g per axis Maximum Tension 1.8 lb / 800 g per axis Stator Size 0.9 x 0.5" / 23 x 12 mm Motor Velocity

Constant KV: 960 rpm/V Working Temperature 23 to 104°F /

- 5 to 40°C Weight 1.9 oz / 55 g Flight Battery Chemistry Lithium

- poly mer Capacity 4480 mAh 68 Wh43

Configuration 4S Voltage 15.2 VDC Weight 12.9 oz / 365 g Maximum Charging Power 100 W Operating Temperature 32 to 104°F / 0 to 40°C Charger Voltage: 17.4 VDC 100 W

APPENDIX

– B DJIPhantom 2 Vision+ and DJIPhantom 3 Manufacturer’s User Manual s (Attached)44 APPENDIX

– C **BEFORE & AFTER EVERY FLIGHT** * Check condition of props (run finger along leading and trailing edges, flex both blades to check for hairline cracks); * Check motor shafts have no free play (missing E clip? Loose bell housing screw? Bad bearings?); * Check motors move freely when spun by hand; * Check condition of battery spade connectors and data pins (level, free movement, clean); * Check camera mounts are secure (and any other attachments, e.g. Flytrex core); * When powered up and idli ng confirm no unusual noise or vibration from motors. **EVERY WEEK or EVERY 10 FLIGHTS, WHICHEVER SOONER** * Visual inspection of shell and other plastic components for cracking/damage (landing skids, camera mounting plates, etc.); * Check tightness of motor retaining screws and shell retaining screws (both 2.0mm hex); * Clean data spring pins and battery contact pads with alcohol and swab or proprietary electrical contact cleaner and cycle spring pins several times to check for spring weakness and full unimpeded travel; * Plug in to Vision Assistant and check tx & IMU calibration state and all battery cells have good balance (repeat for all batteries); * Check batteries for number of cycles and discharge per DJI recommendations if required. Sample Log:

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