1 **July 27, 2015**

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

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

**RE: MYRON MORROW**  **REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF TH E**  **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 3D Robotics**  **Solo, DJI Phantom 3 and DJI Inspire 1 UNMANNED AIRCRAFT SY**  **STEMS PURSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112**

**- 95)** 

**MYRON MORROW 3904 Maverick Trail**  **McKinney, Texas 75070 972** 

**- 971** 

**- 9133**  **mmorrowpb@gmail.com**2 **TABLE OF CONTENTS**

GLOSSARY OF ABREVIATIONS.......... ..........................................................................................3

SUMMARY...................................................................................................................... ...................4

IN TRODUCTION A

ND INTERESTS OF PETITIONER.................................. ...............................5

BACKGROUND.................................................................................................. ...............................6

BASI S FOR PETITION

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

NAME AND ADDRESS OF PETITIONER....................................................... ...............................9

THE SPECI FI C S ECTIONS OF 14 C.F.R. FROM WHI CH MYRON MORROW SEEKS EXEMPTION....................................................................................................... ...............................9

THE EXTENT OF RELIEF MYRON MORROW SEEKS AND THE REASON MYR ON MORROW SEEKS THE RELIEF....................................................................... ..........................11

THE REASONS WHY GRANTING MYRON MORROW’S REQUEST WOUL D BE IN THE PUBLIC INTEREST ...........................................................

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

THE REASONS WHY GRANTING THE EXEMPTI ON TO MYRON MORROW WOUL D NOT ADVERSEL Y AFFECT SAFETY.........................................................

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

S UMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER.... ...........................22

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT MYRON MORROW’S REQUEST.......................................................

................. ........ .................23

CONCL USION................................................................................................... ..............................23

APPENDI CES.................................................................................................. . 243 **GLOSSARY OF ABBREVIA TIONS** 

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 Fe deral Aviation Regulation GCS Ground Control Station GPS Global Positioning Sy stem LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot I n Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) 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 Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY**

MYRON MORROW 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 (3D Robotic s Solo, DJIPhantom 3 and DJII nspire 1) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit MYRON MORROW to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial v ideo and photography of construction sites, residential and commercial real estate, civil landscapes, agricultural lands and events over certain areas of the United States.5 **INTRODUCTION AND INTERESTS OF THE PETITI ONER** 

MYRON MORROW has over 15 years experience in operating manned aircraft and holds an FAA Airline Transport Pilot certificate as well as Certificated Flight Instructor ratings to include Multi

Engine and Instrument instructor privalidges. MYRON MORROW has approximately 3,000 hours of accumulated flight in many t ypes of manned fixed wing aircraft as well as many ye ars of hobby experience with remote control airplanes, helicopters and complex quadcopters. The objective of MYRON MORROW is to use Unmanned Aircraft Sy stems (3D Robotics Solo, DJI Phantom 3 and DJII nspire 1) for aerial operations to provide a more affordable, high

- quality production sy stem for a variet y of governmental, commercial, public, and residential uses, specifically targeting:

 Agric ultural Data Collection and Survey ing

 Residential and Commercial Real Estate Marketing

 Oil and Gas Pipeline and Site I nspection

 Small Business Marketing

 Wildlife Studies and Data Collection

 Livestock Monitoring and Data Collection6 **BACKGROUND**

Unmanned Aircraft Sy stems: 3D Robotics Solo, DJII nspire 1

MYRON MORROW seeks an exemption to operate DJ I and 3D Robotics sy stems for compensation or hire within the NAS. The 3D Robotics Solo and DJI I nspire 1 are vertical takeoff an d landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone s ys tems. The 3D Robotics Solo has a maximum gross weight of approximately 3 pounds 13 ounces, while having a length of 18 inches width of 18 inches, height of 10 inches, and a maximum s peed of approximately 30 knots. The DJIPhantom 3 has a maximum gross weight of approximately

2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed of approximately

16.4’fps and a maximum fly ing height of 400'. The DJ I Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The 3D Robotics Solo , DJ I Phantom 3 and DJ I Inspire 1 UA are equipped with four main rotors; driven by L ithium Poly

mer battery powered electric motors.

The 3D Robotics Solo , DJIPhantom 3 and DJ I Inspire 1 UA that will be operated b y MYRON MORROW 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 accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.7 **BASIS FOR PETITION**

Petitioner, MYRON MORROW, pursuant to the p rovisions 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 commerciall y operate the 3D R obotics Solo, DJ I Phantom 3 and DJ I Inspire 1, UAS 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, MYRON MORROW’S operation of 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1 UAS meets the conditions of FMRA Section 3 33 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingl y, MYRON MORROW requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these section s set forth requirements for maintenance that only appl y to aircraft with an airworthiness certificate. MYRON MORROW submits that the requested relief is proper since an equivalent level of safet y will be ensured. MYRON MORROW will use experienced personn el or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance L og, and 3D Robotics Solo, DJIPhantom 3 and DJII nspi re 1 Instruction Manual). Furthermore, MYRON MORROW will document and maintain all maintenance records for the 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot pr ivileges and limitations: Pilot in command, is requested b y M YRON MORROW 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, by m eeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the DJ I Phantom UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vesse ls, vehicles and structures.

MYRON MORROW seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, MYRON MORROW submits that they will ensure that the 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1 UAS is in an airworth y condition, prior to every flight, b y determining that the UAS are in compliance with the operating do cuments (i.e., Monthly Maintenance Log, and 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight.

MYRON MORROW also seeks an exemption from the requirements of Section 91.121, ent itled Altimeter Settings, as the 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS will not have a ty pical barometric altimeter onboard. However, altitude information of the 3D Robotics Solo, DJ I Phantom 3 and DJII nspire 1 UAS will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the8

GCS for active monitoring of the flight path. This altitude information, combined with MYRON MORROW’s operation of the 3D Rob otics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safet y equivalent to Section 91.121.

Additionally , MYRON MORROW seeks an exemption from the requirements of Section 91.151(b),

e ntitled Fuel requirements for flight in VFR conditions. MYRON MORROW submits that safety will not be affected b y operation of the 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS during day light hours in visual meteorological conditions (VMC) under vi sual flight rules (VFR), with enough battery

power to fl y for a total duration of approximately 20 minutes. Battery power indicators are also able to show exactly how much battery

power is left, as well as how much time is needed to return safel y back to point of take off.9

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

**A. Name And Address Of The Petitioner.**

The name and address of the Petitioner and point of contact is: MYRON MORROW 3904 Maverick Trail McKinney , Texas 75070 972

- 971

- 9133 mmorrowpb@gmail.com

**B. The Specific Sections Of 14 C.F.R. From Which MYRON MORROW Seeks Exemption.**

1. MYRON MORROW Seeks Exemption From The Require ments 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 p ilot in command (PI C) of an aircraft that is carry ing 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 i n connection with an y business or employ

ment 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. MYRON MORROW Seeks Exemption From The Requirement s 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. MYRON MORROW 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

-- (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 p aragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) I n the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting avail able before departure.

4. MYRON MORROW 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 rot orcraft 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 fl y after that for at least 20 minutes.

5. MYRON MORROW Seek s 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

—10

(a) Shall have that aircraft inspected as prescribed in subpart E of this p art 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. MYRON MORROW Seeks Exemption From The Requirements Of Section 91.407(a)(1) Sectio n 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 alter ation unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.]

7. MYRON MORROW Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections, subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this cha pter 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. MYRON MORROW Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (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 (ii) T he 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, eac h 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 overhaul ed 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 applic able airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safet y 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 currentl y 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 by other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this s ection shall be retained and transferred with the aircraft at the time the aircraft is sold.11

(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 MYRON MORROW Seeks And The Reason MYRON MORROW Seeks The Relief.** 

1. Extent Of Relief MYRON MORROW Seeks And The Reason MYRON MORROW Seeks Relief From Section 61.113(a) And (b). Relief from Sec tion 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 holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

hour and currency

requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , fo r compensation or hire, act as PI C of an aircraft in connection with any business or employ ment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry

passengers or propert y for compensation or hire. As s et forth more full y below, MYRON MORROW submits that an equivalent level of safety will be maintained because no PI C will be allowed to operate the 3D Robotics Solo, DJI Phantom 3 and DJII nspire 1 UAS unless that PI C has met certain flight

- hour and curren cy requirements, demonstrating that the PIC is able to safel y operate either the 3D Robotics Solo, DJI Phantom 3 and DJII nspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, MYRON MORROW submits that all flights of the 3D Robotics Solo, DJI Phantom 3 and DJII nspire 1 UAS, conducted by the PI C pursuant to the grant of this Petition: (1) will be incidental to MYRON MORROW’s business; and (2) will not carry passengers or property

for compensation or hire.

2. Extent Of Relief MYRON MORROW Seeks And The Reason MYRON MORROW Seeks Relief From Section 91.7(a). Relief fro m Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow MYRON MORROW to determine that the 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1 UAS are in airworthy condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., MYRON MORROW Aerial Operations Manual, Monthly Maintenance Log, and 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 Instruction Manual). MYRON MORROW seeks the requested relief because the 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, MYRON MORROW will ensure that the 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1 UAS are in airwo rth y condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Lo g, and 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1) prior to every

flight, and further, determine that the aircraft are in condition for safe flight, a s stated in the conditions and limitations below.

3. Extent Of Relief MYRON MORROW Seeks And The Reason MYRON MORROW Seeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1 UAS, 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 requires12

that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), MYRON MORROW seeks the requested relief because the 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UA’s 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 nec essary

to comply

with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safet y will be maintained since the 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS are equipped with a barometric pr essure 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 M YRON MORROW Seeks And The Reason MYRON MORROW 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 3D Roboti cs Solo, DJIPhantom 3 and DJII nspire 1 UAS during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 20 minutes. MYRON MORROW seeks the requested relief because without an exemption from Sec tion 91.151(b), the flight time duration of the battery powered 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 UAS will severel y constrain the practicalit y of an y aerial video or still photo flight operations that MYRON MORROW proposes to conduct pursua nt to this Petition. Significantl y, as set forth below, the technical specifications of the 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS, the 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1operating documents, and MYRON MORROW’s proposed operat ing limitations, ensure that MYRON MORROW will safely

operate the battery

powered 3D Robotics Solo, DJ I Phantom 3 and DJI Inspire 1 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery po wer to fly

for a total duration of 20 minutes.

5. Extent Of Relief MYRON MORROW Seeks And The Reason MYRON MORROW 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), 91.4 09(a)(1) & (a)(2), and 91.417(a) & (b) onl y appl y to aircraft with an airworthiness certificate, MYRON MORROW requests relief from these Sections because the 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 UAS do not require airworthiness certificates. A s set forth more fully below, the 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, MYRON MORROW will use trained technicians to perform maintenanc e, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Aerial Operations Manual, Monthly Maintenance Log, and 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 Inst ruction Manual). Furthermore, MYRON MORROW will document and maintain all maintenance records for the 3D Robotics Solo, DJ I Phantom 3 and DJII nspire 1 UAS.

**D. The Reasons Why Granting MYRON MORROW Request Would Be In The Public Interest;**

That I s, How It Would Benefit The Public As A Whole. Granting the present Petition will further the public interest b y allowing MYRON MORROW to safel y, efficientl y, and economically perform aerial video and photograph y operations over certain areas of the United State s. Additionally , use of the 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notabl y,13

the benefits of MYRON MORROW’s proposed operation of the 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS will be realized without implicating an y privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS. The 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS are battery powered a nd serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a 3D Robotic s Solo, DJIPhantom 3 and DJ I Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and property in the air and on the ground. Furthermore, b y reducing the number of man ned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The 3D Robotics Solo, DJI Phantom 3 and DJII nspire 1 UAS 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 by

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

2. The Public Will Benefit From The Safet y And Efficiency Of The 3D Robotics Solo, DJ I Phantom 3 and DJII nspire 1 UAS. Conducting aerial acquisitions with the 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 UAS, instead of manned aircraft, will greatl y benefit the public by drastical ly

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 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS produce no air pollut ion, and is the most viable environmentall y conscious alternative to the cabin class, six cy linder internal combustion engine aircraft that are t ypically utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leade d aviation fuel. The 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS, while reducing the carbon footprint of aerial photograph y and videograph y, also eliminates noise pollution, as the UAS are propelled b y battery powered electric motors, rather than an internal combustion engine. By using the 3D Robotics Solo, DJ I Phantom 3 and DJII nspire 1 UAS 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 completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS has less phy sical potential for collatera l 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 approximately

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

3. Performing Aerial Video and Photograph y Operations With The 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS Will Benefit The Economy

. In addition to being safe and efficient, the 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 UAS will allow United States based companies and individuals, like MYRON MORR OW, to remain competitive and contribute to growth of the U.S. econom y. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated compan ies must adopt new and alternative technology in order to remain competitive. Operating the battery powered 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS is one such technology that not onl y allows companies greater operational flexibility14

compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS, companies such as MYRON MORROW, can remain competitive and profi table, and therefore, provide greater job stability to employ ees 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 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS, provides a stable workforce that increases consumer 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

I ssues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, MYRON MORROW’s proposed operation of the 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS will not implicate an y privacy issues. Specifically , the 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 UAS will be operated only in compliance with operating documents (i.e.,Aerial Operations Manual, Monthly Maintenance Log, and 3D Robotics Solo, DJI Phantom 3 and DJ I Insp ire 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude 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 MYRON MORROW Seeks Exemption.** 

1. Reasons Why

The 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 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, MYRON MORROW’s oper ation of the 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to oper ate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security . Specifically , FMRA Section 333 states the following, in part: (a) In General.

-- Notwithstanding an y other requirement of this subtitle, and not later than 180 day s after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft s ys tems may operate safel y in the national airspace s ys tem before completion of the plan and rulemaking required b y section 332 of this Act or the guidance required b y s ection 334 of this Act. (b) Assessment of Unmanned Aircraft S ys tems.

-- In making the determination under subsectio n (a), the Secretary

shall determine, at a minimum

-- (1) which t ypes of unmanned aircraft s ys tems, if any , as a result of their size, weight, speed, operational capability , proximity to airports and populated areas, and operation within visual line of sig ht do not create a hazard to users of the national airspace sy stem or the public or pose a threat to national securit y; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, U nited States Code, is required for the operation of unmanned aircraft sy stems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft s ys tems may operate safel y in the national airspace s ys tem, the Secretary shall15

establish requirements for the safe operation of such aircraft s ys tems in the national airspace sy stem. In seeking this exemption, MYRON MORROW submits that the 3D Robotics Solo, DJI Phantom 3 and DJ I Ins pire 1 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1 UAS; (b) the pilot certification requirement; and (c) the specific operating limitat ions. a. The Specifications Of The 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS Demonstrate Its Safe Characteristics. The 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS does not create a hazard to users of the NAS or the public, or otherwi se pose a threat to national securit y considering its size, weight, speed, and operational capability

. i. Technical Specifications Of The 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 UAS. The technical specifications of the 3D Robotics Solo, DJI Pha ntom 3 and DJII nspire 1 UAS are set forth by the 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1User Manual, attached hereto as Appendix A. ii. The 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS Global Positioning Modes Enable The UAS To Remain Within A Defined Operational Area. The 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the 3D Robotics Solo, DJ I Phant om 3 and DJ I Inspire 1 UAS is provided in the manuals of the 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 and are attached hereto as Appendix A. iii. The 3D Robotics Solo, DJIPhantom 3 and DJI Inspire 1 UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control L ink Or Navigation. When the Control L ink is lost, the 3D Robotics Solo, DJI Phantom 3 and DJII nspire 1 UAS will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the 3D Robotics Solo, DJ I Phantom 3 and DJII nspire 1 UAS does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS are set forth at pages 12 through 14 of the 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1User Manual, attached hereto as Append ix A. iv. The 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1GCS And Its Operation. A complete description of the operation and specifications of the 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1GCS and flight control software is provided in the 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 User Manuals. 3D Robotics Solo, DJI Phantom 3 and DJII nspire 1 User Manuals are attached hereto as Appendix A. b. Flight Operations Of 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS I s Limited To Th e Line Of Sight Of A Certificated Pilot in Command With A Safety Observer if possible. MYRON MORROW will be the only person to act as a pilot in command (PI C) of the 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 UAS. c. Flights Of 3D Robotics Solo, DJ I Phantom 3 and DJII nspire 1 UAS Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, MYRON MORROW proposes to commercially operate 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 UAS for the special purpose of conduc ting 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 described in the operating docum ents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 Unmanned Aircraft Sy stems.16

Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.
2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography

. 3. The UAS may

not be flown at an indicated airspeed exceeding 30 knots.

4. The UA must be operated at an altitude of no mor e than 400 feet above ground level (AGL), as indicated b y 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 visu al line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided b y an y device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

6. The use of first person view (FP V) b y the PI C or safet y observer (SO) is not permitted.

7. All operations may

utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PI C alway s maintains VLOS capability . The SO and PI C must be able to communica te verbally

at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties bey ond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate th e 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 i n 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. I t 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. 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 amendmen t to its grant of exemption. The FAA’s UAS I ntegration 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 conditio n for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records.17

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight

c haracteristics, 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 potenti al discrepancies, e.g. inoperable components, items, or equipment, not alread y covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspec tion, 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 componen t parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply with all man ufacturer Safet y Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. The PI C must possess at least a private pilot certificate and at le ast 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 w ill be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C 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 PI Cs 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 fligh ts, all persons not essential for flight 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. All operations must be conducted under visual meteorological conditions (VMC). If flight at night for hire 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) or instrument flight rules (IFR) not authorized.

20. The UA may

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

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

2 1. 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.18

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

- de termined location within the planned operating area and land or be recovered in accordance 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 forecast weather conditions) there is enough power to fl y at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The oper ator 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 t han 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, 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 (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 offi cial upon request.

29. The UA must remain clear and yi eld 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 unless said vehicle is stationary

.

3 1. Flight operations must be conducted at least 500 feet from all 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 suffi ciently 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. I f 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; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those per sons per § 91.119(a).19

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 National Transportation Safet y 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 No t Adversel y Affect Safet y. MYRON MORROW submits that the equivalent level of safet y established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the 3D Robotics Solo, DJ I Phantom 3 and DJII nspire 1 UAS 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 3D Robotics Solo, DJ I Phantom 3 and DJII nspire 1 UAS in a manner consistent with the exemption, including evasive and emergency

mane uvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering MYRON MORROW’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge r equirements and those of commercial pilot requirements ; and the airmanship skills necessary to safely operate the 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS, MYRON MORROW submits that the additional manned airmanship experience of a commercial ly certificated pilot would correlate to the airmanship skills necessary for MYRON MORROW’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). MYRON MORROW will not allow any PIC to operate the 3D Robotics S olo, DJIPhantom 3 and DJII nspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS training and currency requirements, that the PI C is able to safely operate t he 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 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 consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations unde r the exemption). I n 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 safet y during MYRON MORROW’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations woul d ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the 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. 11062, the PI C must also have accumulated and logged a minimum of 5 hou rs as a UAS pilot operating the same make and model of UAS to be used for operations under the20

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 inc luded 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 safel y 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 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. 11138 at page 15. Accordingl y, MYRON MORROW will ensure safe operations b y not allowing an y P IC to operate the 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1 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 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why

An Exemption From The Requirements Of Section 91.7(a) Would Not Adversel y Affect Safet y. The equivalent level of safet y established b y Section 91.7(a) will be maintained because prior to every flight, MYRON MORROW will ensure that the 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1 UAS is in an air worthy 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 circumstances similar, in al l 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 Requirem ents Of Section 91.121 Would Not Adversely Affect Safet y. The equivalent level of safet y established b y Section 91.121 will be maintained because the altitude information of the 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 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 MYRON MORROW’s operation of the 3D Robotics Solo, D JIPhantom 3 and DJ I Inspire 1 UAS within vis ual line of sight, at or below 4 00 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 initiation point is automatically established by

the UAS at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g . Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why

An Exemption From The Requirements Of Section 91.151(b) Would Not Adversel y Affect Safet y.21

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 3D Robotics Solo, DJ I Phantom 3 and DJII nspire 1 UAS; (2) the limitations on the prop osed flight operations; and (3) the location of the proposed flight operations. Accordingl y, MYRON MORROW will ensure that it will safel y operate the battery powered 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 UAS during day light hours in VFR conditi ons, with enough battery power to fly

for a total duration of 20 minutes. Here, as in Exemption No. 11109, the technical specifications of the 3D Robotics Solo, DJ I Phantom 3 and DJII nspire 1 UAS; the limitations on the proposed flight operations; and th e location of the proposed operations, will ensure an equivalent level of safety established b y 14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the 3D Robotics Solo, DJ I Phantom 3 and DJII nspire 1 UAS provide audible and visual warning s 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 again at approximately 10% remaining battery

power. At the criticall y low battery

level, the 3D Robotics Sol o, DJIPhantom 3 and DJ I Inspire 1 UAS will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y is not adversely affected when the technical characteristics and operating li mitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why

An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversel y Affect Safety

. In seeking this exemption, MYRON MORROW submits that the eq uivalent level of safet y 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 MYRON MORROW will use trained technicians to perf orm maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Aerial Operations Manual, Monthly Maintenance Log, and 3D Robotics Solo, DJIPhantom 3 and DJII nsp ire 1 Instruction Manual). Furthermore, MYRON MORROW will document and maintain all maintenance records for the 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1 UAS. Since the 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 UAS will be inspected as pre scribed by the operating documents, MYRON MORROW will maintain the equivalent level of safet y established by

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 User Manuals are att ached heret o as Appendix A

. Likewise, the exemption sought will not adversel y affect safety because MYRON MORROW will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescri bed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safet y established b y Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 3D Robotics Solo, DJ I Phantom 3 and DJII nspire 1 UAS wi ll be performed by 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 91.4 17(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered.22

In consideration of MYRON MORROW’s proposed operating limitations, the operating documents, and the technic al aspects of the 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1 UAS, MYRON MORROW submits that safet y will not be adversely affected by

granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously

granted relief specific to UAS in circumstances similar, 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. 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, MYRON MORROW requests that the FAA prescribe special conditions for the intended operation of the 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 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 l imited 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, o r otherwise pose a threat to national securit y; 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 the NAS. Like wise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the 3D Robotics Solo, DJI Phantom 3 and DJ I Inspire 1 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropri ate 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 appropri ate safet y standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safet y 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 Leading Edge’s intended operation of the 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS, which contain such safety standar ds that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**A Summary That Can Be Published In The Federal Register, stating: The Rules From Which MYRON MORROW Seeks Exemption:** 

MYRON MORROW seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.4 05(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 MYRON MORROW Seeks: This exemption will permit MYRON MORROW to commerciall y operate an Unmanned Aircraft Sy stem (UAS) for the purpose of c onducting aerial video and photography over certain areas of the United States.23

**Any Additional Information, Views, Or Arguments Available To Support MYRON MORROW’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, MYRON MORROW’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 authorit y for such UAS to ope rate without airworthiness certification. As discussed in detail above, MYRON MORROW will operate the 3D Robotics Solo, DJ I Phantom 3 and DJ I Inspire 1 UAS 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, MYRON MORROW 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 3D Robotics Solo , DJ I Phantom 3 and DJ I Inspire 1 UAS commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be f ulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing MYRON MORROW to safel y, efficientl y, and economicall y operate the 3D Robotics Solo, DJ I Phantom 3 and DJ I Ins pire 1 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, MYRON MORROW respectfully requests that the Administrator grant this Petition for an exem ption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the 3D Robotics Solo, DJIPhantom 3 and DJ I Inspire 1 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: July

27, 2015

Respectfully

submitted,

MYRON MORROW 3904 Maverick Trail McKinney , Texas 75070 972

- 971

- 9133 mmorrowpb@gmail.com24

Appendices:

A

– Li nk to 3D Robotics Solo, DJIPhantom 3 and DJII nspire 1 Manual s:
Copy links into y our browser to view the manuals:

http://3drobotics.com/kb/solo

- user

- manual/

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

http://download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf