1 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:**

**TOBY MAYNARD 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+ UNMANNED AIRCRAFT SYSTEMS** 

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

**(PUBLIC LAW 112 -**  **95)**

Submitted on January

25, 2016 Toby May nard 2320 Community

Drive Bath, PA 18014 (610) 509

- 9914

**TABLE OF CONTENTS** Page

GLOSSARY OF ABBREVIATIONS...................................................................................32

SUMMARY...................................................................................................................... .....4 IN TRODUCTION AND INTEREST S OF PETITIONER....................................................4 BACKGROUND................................................................................................................... .4 BASI S FOR PETITION....................................... ..................................................................5 NAME AND ADDRESS OF PETITIONER.............................................................7 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH TOBY MAYNARD SEEKS EXEMPTI ON................... ..............................................8 THE EXTENT OF RELIEF TOBY MAYNARD SEEKS AND THE REASON TOBY MAYNARD SEEKS THE RELIEF.........................11 THE REASONS WHY GRANTING TOBY MAYNARD’S REQUEST WOULD BE INTHE PUBLIC INTEREST ........................ .................................15 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD 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 TOBY MAYNARD’S REQUEST.........34 CONCLUSION................................................................................................................... .35 APPENDI CES...................................................... ..................................37

**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 Regulations3

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 Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological C onditions VTOL Vertical Takeoff and Landing
**SUMMARY** Toby May nard 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 Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Toby May nard to operate an4

Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and phot ograph y of construction/demolition sites, real estate, special events, and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** Toby May nard provides his clients with expertise and knowledge in advanced techn ologies and solutions to increase efficiency , productivity and effectiveness. Toby

May nard also provides its clients with the highest quality digital content for use in their commercial, personal, and non

- profit multimedia projects. Tob y Maynard has over 10 ye ars of professional experience in photography and video and is recognized as an expert in commercial photograph y and videography , computer s ys tems, and multimedia content creation. He has over 3 years recreational/hobby experience in all aspects of aerial video and photography

. The objective of Tob y M ay nard ’s aerial video and photography operations is to provide high quality imaging for a variety

of commercial, public, and residential uses, specific all y targeting:

 Construction/demolition sites before and after

 Real

- estate marketing & appraisal

 Aerial acquisitions used for inspections of public and private structures.

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

 Search and Re scue operations

 Aerial surveying

 Event photograph y and videograph y

 Agriculture

 Aerial filmmaking and photograph y

 Wildlife and forestry

monitoring5

 Educational and research operations

 Advertising

**BACKGROUND**

**Unmanned Aircraft Systems: DJI Phantom 2 Vision+**  Toby May nard seeks an exemption to operate DJ I systems for compensation or hire within the NAS. The DJ I Phantom 2 Vision+ 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+ 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 DJIPhantom 2 Vision+ UA is equipped with four main rotors; driven by L ithium Poly

mer battery

powered electric motors.
The DJ I Phantom 2 Vision+ UA that will be operated by Tob y M ay nard will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraf t, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, I dentification and Registration Marking.
**BASIS FOR PETITION** Petitioner, Toby

May nard , 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 Sy stems, hereby petitions the Administrator to commercially operate the DJ I Phantom 2 Vision+, UAS in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a)6

& (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, Tob y Maynard’s operation of DJ I Phantom 2 Vision+

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. Accordingl y, Tob y Mayn ard 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 onl y apply to aircraft with an airworthiness certificate. Toby May nard submits that the requested relief is proper since an equivalent level of safet y will be ensured. Toby May nard will use experienced personnel or technicians to perform maintenance, alterations, or preventive mainte nance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 Vision+ Instruction Manual). Furthermore, Tob y Maynard will document and maintain all flight and maint enance records for the DJ I Phantom 2 Vision+ UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested b y Tob y Maynard to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency

requirements, that the PIC is able to safel y operate the DJ I Phantom 2 Vision+ UASs in a manner consistent with this exemption, including evasive and emergency
maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.7

Toby May nard seeks relief from Section 91.7(a), entitled Civil airc raft airworthiness, because the DJ I Phantom 2 Vision+ UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Toby May nard submits that he will ensure that the DJ I Phantom 2 Vision+ UASs are in an airworth y condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 2 Vision+ Instruction Manual), and that the aircraft are in a condition for safe flight. Toby May nard also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJ I Phantom 2 Vision+ UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJ I Phantom 2 Vision+ UAS will be provided to the PIC via Global Positioning Sy stem (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 Toby May nard’s operation of the DJ I Phantom 2 Vision+ UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safet y equivalent to Section 91.121. Add itionally , Tob y Maynard seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Toby May nard submits that safet y will not be affected by operation of the DJ I Phantom 2 Vision+ UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly

for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Toby May nard provides the following information in support of its petition for exemption:8

**A. Name And Address Of The Petitioner.** The name and address of the Petitioner and point of contact is: Toby May nard 2320 Community

Drive Bath, Penns yl vania 18014 Email: toby @deluxesites.com **B. The Specific Sections Of 14 C.F.R. From Which Toby Maynard**  **Seeks Exemption. 1.**  **Toby Maynard Seeks Exemption From The Requirements Of**  **Section 61.113(a) And (b).**  Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraft in connec tion with any business or employ

ment if

— (1) The flight is onl y incidental to that business or employment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2. Toby Maynard**  **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 airworth y condition. **3. Toby Maynard**  **Seeks Exemption From The Requirements Of Section 91.121.** Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

—9

(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 th is section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. **4. Toby Maynard**  **Seeks Exemption From The Requirements Of Section 91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: (b) No person may

begin a flight in a rotorcraft under VFR conditi ons 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 fl y after that for at least 20 minutes. **5. Toby Maynard**  **Seeks Exemption From The Requi rement 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. Toby Maynard**  **Seeks Exemption From The Requirements Of Section 91.407(a) (1)**  Section 91.407, entitled Ope ration 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. Toby Maynard**  **Seeks Exemption From The Requirements Of Sections 91.409(a)**10

**(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; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **8. Toby Maynard**  **Seeks Exemption From The Requirements Of Se ctions 91.417(a)**  **And 91.417(b).** Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (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 ea ch 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 (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 propell er, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required b y the inspection program under which the aircraft and11

its appliances are maintained. (v) The current status of applicable airworthiness dir ectives (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 b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the 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 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 registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief Toby Maynard**  **Seeks And The Reason Toby Maynard**  **Seeks The Relief.**  **1. Extent Of Relief Toby Maynard**  **Seeks And The Reason Toby Maynard**  **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 higher level certificate, as well as a current and valid airman medical certificate, and who has met cert ain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and12

(2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more full y below, Tob y Maynard submits that an equivalent level of safety will be maintained because no PI C will be allowed to operate the DJ I Phantom 2 Vision+ UAS UAS unless that PI C has met certain flight

- hour and currency requirements, d emonstrating that the PI C is able to safel y operate either the DJ I Phantom 2 Vision+ UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency

maneuvers, as well as maintaining appropri ate distances from people, vessels, vehicles and structures. Further, Tob y Maynard submits that all flights of the DJ I Phantom 2 Vision+ UAS, conducted b y the PIC pursuant to the grant of this Petition: (1) will be incidental to Toby May nard’s business; and (2) will not carry passengers or propert y for compensation or hire. **2. Extent Of Relief Toby Maynard**  **Seeks And The Reason Toby Maynard**  **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 Tob y May nard to determine that the DJ I Phantom 2 Vision+ UAS 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 May nard Aerial Operations Manual, Maintenance Lo g, and DJ I Phantom 2 Vision+ Instruction Manual). Toby May nard seeks the requested relief because the DJ I Phantom 2 Vision+ UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Tob y M ay

nard will ensure that the DJ I Phantom 2 Vision+ UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJ I Phantom 2 Vision+ Instruction Manual) prior to ev ery flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and13

limitations below. **3. Extent Of Relief Toby Maynard**  **Seeks And The Reason Toby Maynard**  **Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJ I Phantom 2 Vision+ UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude infor mation 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), Tob y M ay nard seeks the requested relief because the DJ I Phantom 2 Vision+ UAS 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+ 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 PI C with altitude information of the UA on the heads

- up display of the GCS. **4. Extent Of Relief Toby Maynard**  **Seeks And The Reason Toby Maynard**  **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+ UAS 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, to fly after that for at least 4.5 minutes. Toby May nard seeks the14

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

powered DJIPhantom 2 Vision+ UAS will severel y constrain the practicality of any aerial video or still photo flight operations that Toby May nard proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 2 Vision + UASs, the DJ I Phantom 2 Vision+ operating documents, and Tob y Maynard’s proposed operating limitations, ensure that Tob y Maynard will safely operate the battery

powered DJ I Phantom 2 Vision+ UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), 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. **5. Extent Of Relief T**  **oby Maynard Seeks And The Reason**  **Toby Maynard 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) onl y apply to aircraft with an airworthiness certificate, Toby May nard requests relief from these Sections because the DJ I Phantom 2 Vision+ UAS do not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 2 Vision+ UAS meet the c onditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Toby May nard will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practi ces prescribed in the UAS operating documents (i.e., the May

nard Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual). Furthermore, Tob y Maynard will document and maintain all maintenance records for the DJ I P hantom 2 Vision+ UASs.15

**D. The Reasons Why Granting Toby Maynard’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 Toby May nard to safel y, efficientl y, and economicall y perform aerial video and photography of of construction/ demolition sites, real estate, special events, and landscape over certain areas of the United States. Additionally , use of the DJIPhantom 2 Vision+ UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notably, the benefits of Toby May nard’s proposed operation of the DJ I Phantom 2 Vision+ UAS 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+ UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By reducing th e amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 2 Vision+ 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, 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. The DJ I Phantom 2 Vision+ UAS do not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handled by

air traffic control during the ground, takeoff, departure, arrival, and landin g phases of flight operations.16

**2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision+ UAS.** 

Conducting aerial acquisitions with the DJIPhantom 2 Vision+ UASs, instead of manned aircraft, will greatly benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery

power and electric motors, the DJ I Phantom 2 Vision+ UASs 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 ty pically utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJIPhantom 2 Vision+ UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJIPhantom 2 Vision+ UAS to perform aerial acquisitions, the substantial risk to life and property i n the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or complete ly

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 2 Vision+ UAS (weighing approximately 2 pounds 11 ounces, at their maximum gross weights with lengths of 16 inches, widths of 16 inches and with no fuel on board), has less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty

picall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of appro ximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).17

**3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision+ UAS Will Benefit The Economy.** 
In addition to being safe and efficient, the DJ I Phantom 2 Vision+ UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 2 Vision+ UAS will allow United States based companies, like Toby May

nard Multimedia , to remain competitive and contribute to growth of the U.S. econom y. Specificall y, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must ad opt new and alternative technology in order to remain competitive. Operating the battery

powered DJ I Phantom 2 Vision+ UAS is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides suc h flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 2 Vision+ UAS, companies such as Tob y M ay nard Multimedia , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. econom y. Improved financial performance of U.S. companies, through commercial use of the DJ I Phantom 2 Vision+ UAS, provides a stable workforce that increases consume r spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Toby May nard ‘s proposed operation of the DJ I Phantom 2 Vision+ UAS will not implicate any privacy issues. Specifically , the DJIPhantom 2 Vision+ UAS will be operated onl y in18

compliance with operating documents (i.e., the Toby May nard Multimedia Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ Instruction Manual) which requires property owner involvement as well as local law enforcement notificatio n, 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 Saf ety At Least Equal To That Provided**  **By The Rule From Which**  **Toby Maynard Seeks Exemption.**  **1. Reasons Why The DJI Phantom 2 Vision+ 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, Tob y Maynard’s operation of the DJ I Phantom 2 Vision+ 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 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 o therwise pose a threat to national security . Specifically , 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 S ecretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rule making 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 populated19 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 wa iver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1 ). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Toby May nard submits that the DJ I Phantom 2 Vision+ UASs can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the DJ I Phantom 2 Vision+ UASs; (b) the pilot certification re quirement; and (c) the specific operating limitations. **a. The Specifications Of The DJI Phantom 2 Vision+ UASs Demonstrate Its Safe Characteristics.**  The DJ I Phantom 2 Vision+ UAS 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

.

**i. Technical Specifications Of The DJI Phantom 2 Vision+ UASs.** The technical specifications of the DJ I Phantom 2 Vision+ UAS are set forth by the DJ I Phantom 2 Vision+ Specifications and Data Sheet, attached hereto as Exhibit A and B.

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

. The DJ I Phantom 2 Vision+ UAS may be operat ed in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 2 Vision+ UAS is provided at pages 25

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

- 16 User20

Manual, attached hereto as Exh ibit B.

**iii. The DJI Phantom 2 Vision+ UAS 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+ UAS will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2 Vision+ UAS 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 descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Phantom 2 Vision+ UAS are set forth at pages 32 through 34 of the DJ I Phantom 2 Vision+ User Manuals, attached hereto as Exhibit zb. **iv. The DJI Phantom 2 Vision+ GCS And Its Operation.**  A complete description of the operation and specifications of the DJ I Phantom 2 Vision+ GCS and flight control software is provided at pages 32 through 43 of the DJIPhantom 2 Vision + User Manual. DJ I Phantom 2 Vision+ User Manuals are attached hereto as Exhibits B.

**b. Flight Operations Of DJI Phantom 2 Vision+ UAS Are Limited To The Line**  **Of Sight Of A Certificated Pilot in Command With A Safety Observer.** Toby May nard 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+ UAS. Additionally , a safety observer will assist all pilots during flight time. **c. Flights Of DJI Phantom 2 Vision+ UASs Wi ll Be Conducted Pursuant To**  **Specific Operating Limitations.**21

In seeking this exemption, Toby May nard proposes to commerciall y operate DJ I Phantom 2 Vision+ UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 Vision+ Unmanned Aircraft Sy stems. 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 video and photography

. 3. The UAS may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UAS must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated b y the procedures specifie d 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 y 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 durin g flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must no t 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 exemp tion must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy22

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. Itis 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. I f 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) 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 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 maint enance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already co vered 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 aircraft records, including total time in s ervice, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective23

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 training the operator’s PICs are per mitted 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 flight operations are considered no nparticipants, 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. All operations must be conducted unde r visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may

not oper ate 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 in accordance with a NOTAM as require d by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may

not be operated less than 500 feet below or 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 predetermined location within the planned operating area and land or be recovered in accordance with the operating docume nts. 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 forecast weather conditions) there is e nough power to fl y atnormal cruising speed to the intended landing point and land the UA with 25% battery power remaining.24

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to cond ucting 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 operations shall be conducted in acc ordance 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 by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) 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 PI C at the Ground Contro l Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UAS must remain clear and yi eld the right of way to all manned aviation operations and ac tivities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essenti al persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 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 those objects and determined that it does not present an undue hazard, and;25 c. Operat ions 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/contro ller 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 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) And (b) Would Not Adversely Affect Safety.**  Toby May nard 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 DJ I Phantom 2 Vision+ UASs unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Phant om 2 Vision+ UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Tob y Mayn ard ‘s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safel y operate the DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS, Toby May nard submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Tob y M ay

nard ‘s specific proposed26

flight operations.

T he 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). Toby May nard will not allow any

PIC to operate the DJ I Phantom 2 Vision+ UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 2 Vision+ UAS training and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision+ UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels,

v ehicles and structures. Specificall y, the PI C 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 sam e make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (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 Tob y M ay

nard’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the27

purpose of motion picture filming (or similar operations), the PI C must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 110 62, 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 inclusi ve 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 tak eoffs 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 cond ucted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- 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. 111 38 at page 15. Accordingl y, Tob y Mayn ard will ensure safe operations by not allowing any

PI C to operate the DJ I Phantom 2 Vision+ UAS unless that PI C has demonstrated, by meeting minimum flight

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

flight, Toby

May nard will ensure that the DJ I Phantom 2 Vision+ UAS is in an airworth y condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein.28

Additionally , the FAA has previously granted relief f

rom Section 91.7(a) specific to UAS, in circumstances si milar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would**  **Not Adversely Affect Safety.** The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 2 Vision+ UAS will be provided to the PI C 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 Toby

May nard ‘s operation of the DJ I Phantom 2 Vision+ UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initi ation point is automatically established b y 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. 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 Exemption 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 DJ I Phantom 229

Vision+ UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, Tob y Maynard will ensure that it will safely operate the battery

powered DJ I Phantom 2 Vision+ UAS during daylight hours in VFR conditions, with enough battery

power to fly

for a total duration of 13.5 m inutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 2 Vision+ 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, safety will be ensured as the DJ I Phantom 2 Vision+ UASs provide audible and visu al 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 criticall y low battery level, the DJ I Phantom Vision+ UASs will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversel y 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 previousl y granted relief from Section 91.151 spec ific 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** 30

**Adversely Affect Safety.**
In seeking this exemption, Toby May nard 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 Tob y May nard will use trained technicians t o perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Toby May nard Aerial Operations Manual, Monthly Maintenance Lo g, and DJ I Phantom 2 Vision+ Instruction Manual). Furthermore, Tob y May nard will document and maintain all maintenance records for the DJ I Phantom 2 Vision+ UAS. Since the DJ I Phantom 2 Vision+ UAS will be inspected as prescribed by the operating documents, Toby

May nard will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJ I Phantom 2 Vision+ User Manuals are attached hereto as Exhibit C and D; a copy of the DJ I Phantom 2 Visio n+ UAS Maintenance LOG is attached hereto as Exhibit E. Likewise, the exemption sought will not adversel y affect safety because Toby May nard will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJ I Phantom 2 Vision+ UASs will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.31

Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.40 9(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Tob y May nard ‘s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 2 Vision+ UASs, Toby May nard submits that safety

will not be adversely

affected by

granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has 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, 1113 8, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).**7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Toby May nard requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 2 Vision+ UAS, 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 a32

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 an y requirements that must be established for the safe operation of the UAS in th e NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 2 Vision+ 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 subchapter do not contain adequate or appropriate safety s tandards 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 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. 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 Tob y Maynard Multimedia’s intended operation of the DJ I Phantom 2 Vision+ UASs, which contain such safety standards that the Administrato r finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **F. A Summary That Can Be Published In The Federal Register, stating: The Rules From**  **Which Toby Maynard**  **Seeks Exemption:** Toby May nard 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)33

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

**A Brief Description Of The Nature Of The Exemption Toby Maynard**  **Seeks:** This exemption will permit Toby Maynard to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **G. Any Additional Information, Views, Or Arguments Available To Support Toby**  **Maynard’s Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safel y in the NAS. As such, Tob y Maynard’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 public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Tob y Maynard will operate the DJ I Phantom 2 Vision+
UASs 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, Tob y Maynard 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+ UAS commerciall y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By

granting this Petition, the FAA Administrator will be fulfilling the34

Congressional mandate of the FAA Modernization and Reform Act of 2012, while also
advancing the interests of the public, by allowing Toby

May nard to safel y, efficientl y, and economicall y operate the DJIPhantom 2 Vision+ UAS commerciall y within the NAS. **WHEREFORE,** in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333 , Toby May nard 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 Tob y Maynard Multimedia to operate the DJ I Phantom 2 Vision+ UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: March 24, 2015

Respectfully submitted, Toby May nard

_________________________ Toby May nard 2320 Community

Drive Bath, Penns yl vania 18014 (610) 509

- 991435

**Appendices:** A

- DJ I Phantom 2 Vision+ Specifications Data Sheet B
- DJ I Phantom 2 Vision+ Manufacturer’s User Manual C

- DJIPhantom 2 Vision+ Flight Manual D
- Maintenance Log (SAMPLE) E
- Flight L og (SAMPLE)
**APPENDIX**

**– A** 

**DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS** Toby May nard onl y utilizes safe and reliable UASs. DJIis an industry leader in small UAS production. DJ I UAS 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 lim it flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/tablet d evices)
1.1 DJIPhantom 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 Velocit y - 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; Dy namic: 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 & 720p36 4.1.3.6 Recording Field of View

- 110 /85 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 Extender 1.1.5.1 Operating Frequency

– 2412

- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

– 500

- 70 0m 1.1.5.3 Transmitter Power

– 20dBm 1.1.5.4 Power Consumption

– 2W37 **APPENDIX**

**– B**  **DJI Phantom 2 Vision+ Manufacturer’s User Manual v1.8 (Jan 2015)**38 **APPENDIX**

**– C**  **DJI Phantom 2 Vision+ Phantom Pilot Training Guide v1.1** 39 **APPENDIX**

**– D**  **Maintenance Log (SAMPLE) DJI Phantom 2 Vision+**40 **APPENDIX**

**– E**  **Flight Log (SAMPLE) DJI Phantom 2 Vision+**