2 UNITED STATES OF AMERICA DEPARTMENT OF

TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.



# Robert M. Tipton CEO HomeScenes, Inc.

IS PETTITIONING FOR AN EXEMPTION SEEKING RELIEF FRO M THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REG ULATIONS 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 O PERATION OF DJI

PHANTOM 2 PLUS & DJI PHANTOM 3 UNMANNED AIRCRAFT SY STEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLI C

LAW 112-95)



## Submitted on August 20, 2015

HomeScenes, Inc. Robert M. Tipton CEO 5579-B Chamblee Dunwoody Road

Box 231 Atlanta, GA 30338 Office (770) 594-1193 Cell (404-312-79523 TABLE OF CONTENTS

Page

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

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

SUMMARY............................................

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

INTRODUCTION AND INTERESTS OF PETITIONER. ......... ....................................... 5

BACKGROUND. .......................................

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

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

................................................... ..................5-6

NAME AND ADDRESS OF PETITIONER..................... ................................................. 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ROBER T TIPTON SEEKS

EXEMPTION. ........................................

................................................... ...................... 7-9

THE EXTENT OF RELIEF ROBERT TIPTON SEEKS AND THE RE ASON ROBERT TIPTON

SEEKS THE RELIEF........... ...........................

................................................... ........... 10-11

THE REASONS WHY GRANTING ROBERT TIPTON’S REQUEST WO ULD BE IN THE

PUBLIC INTEREST .......... ............................

................................................... ........... 12-14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT AD VERSELY AFFECT

SAFETY. ...........................................

................................................... .......................... 15-23

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGIST ER................. 24

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVA ILABLE TO SUPPORT ROBERT TIPTON’S REQUEST.... .........................

................................................... ... 24

CONCLUSION. .......................................

................................................... .................... 24-25

CONCLUSION SUMMARY.................................

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

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

......................................................... ........25-314 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 201 2 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing5 SUMMARY

I seek exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Sec tion 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will perm it me to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducti ng aerial video and photography for wedding videography, real estate photography , special private & public events, privately owned real estate , and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER I seek to provide my clients (real estate professio nals, property management companies, business owners, etc.) with professional aerial pho tography & video services primarily involving real estate properties for sale and for rent/lease and for general marketing efforts. I also provide clients with the highest quality digital content fo r use in their commercial, personal and business related Internet advertising projects. I founded my company in 1997 and as a company, have produced nearly 200,000 property tours representing over 10 million digital images. My objective is to provide our clients a high level of professional aerial video and photography for their marketing needs for a variety of commercial & residential re al estate, public & private events, and residential uses, while increasing public knowledge of UAS and promote safe UAS operations.

BACKGROUND



### I hold a FAA Private Pilot’s License #261803306 I have significant experience with Unmanned Aircraf t System(s):

DJI Phantom 2 PLUS I have NO past or current incidences regarding safe ty or operations of UAS

I seek an exemption to operate DJI systems for comp ensation or hire within the NAS. The

DJI Phantom 2 PLUS & Phantom 3 are similar crafts a nd are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Statio n (GCS) utilizing electronic tablet or smart phone communication systems. Both DJI Phantoms have maximum gross weight of approximately 1280 gram, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. Both DJI P hantoms UAs are equipped with four main rotors; driven by Lithium Polymer battery powered e lectric motors. The DJI Phantoms UAs that will be operated by me wi ll 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

.

BASIS FOR PETITION Petitioner, Robert Tipton, pursuant to the provisio ns of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Refor m Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commerciall y operate the DJI Phantom 2 Plus & DJI Phantom 3 UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91. 405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).6 In consideration of the speed, weight, size, and li mited operating area associated with the unmanned aircraft and its operation, I wil l meet the conditions of FMRA Section 333 and therefore, will not require an airworthines s certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, I request relief from Sections 91.405( a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections se t forth requirements for maintenance that only apply to aircraft with an airworthiness c ertificate. I submit that the requested relief is proper since an equivalent level of safety will be ensured. I will use my experience to perform mai ntenance, alterations, or preventive maintenance on the UASs using the methods, techniqu es, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 & 3 Instruction Manuals). Furthermore, I will document and maintain all maintenance records for the DJI

Phantom 2 & 3 UASs. Relief from certain requirements of Section 61.113( a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by me to the extent necessary to allow a Pilot in Command (PIC) by meet ing minimum flight- hour and currency requirements, that the PIC is able to safe ly operate the DJI Phantom 2 & 3 UASs in a manner consistent with this exemption, in cluding evasive and emergency maneuvers and maintaining appropriate distances fro m people, vessels, vehicles, airports

and structures. I seek relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 2 & 3 UASs do not require an airwor thiness certificate in accordance

with 14 C.F.R. Part 21, Subpart H. As such, I submit that I will ensure that the 3 UASs are in an airworthy condition, prior to every flight, by dete rmining that the UASs are in compliance with the operating documents (i.e., Monthly Mainten ance Log, and DJI Phantom 2 & 3 Instruction Manuals), and that the aircraft are in a condition for safe flight. I also seek an exemption from the requirements of S ection 91.121, entitled Altimeter Settings , as the DJI Phantom 2 & 3 UAs will not have a typ ical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 & 3 UAs will be provided to the PIC via Global Positioning System ( GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with my operation of the DJI Phantom 2 & 3 UASs within visu al line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, I seek an exemption from the requirem ents of Section 91.151(b),

entitled Fuel requirements for flight in VFR conditions . I submit that safety will not be affected by operation of the DJI Phantom 2 & 3 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.7 In accordance with 14 C.F.R. § 11.81, I am providin g the following information in support of my petition for exemption:

A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is:

Robert Tipton CEO 5579-B Chamblee Dunwoody Road - Box 231 Atlanta, GA 30338 Office: (770) 594-1193 Cell: (404)-312-7952

Email: mike@homescenes.net

B. The Specific Sections Of 14 C.F.R. from Which Rober t Tipton Seeks Exemption.

1. I Seek Exemption From The Requirements Of Section 6 1.113(a) And (b).

Section 61.113, entitled Private pilot privileges a nd limitations: Pilot in

command , subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or h ire, act as PIC of an

aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if—

(1) The flight is only incidental to that business or e mployment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. I Seek Exemption From The Requirements Of Section 9 1.7(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. I Seek Exemption From The Requirements Of Section 9 1.121.

Section 91.121, entitled Altimeter settings, subsec tion (a), states the following, in

part: (a) Each person operating an aircraft shall maintain th e cruising altitude or flight level of that aircraft, as the case may be, by refe rence 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;8 (ii) If there is no station within the area prescribed i n paragraph (a)(1)(i) of this section, the current reported altimeter set ting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radi o, the elevation of the departure airport or an appropriate altimeter setti ng available before departure.

4. I Seek Exemption From The Requirements Of Section 9 1.151(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 un der VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assumin g normal cruising speed, to fly after that for at least 20 minutes.

5. I Seek Exemption From The Requirement Of Section 91 .405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft— (a) Shall have that aircraft inspected as prescribe d in subpart E of this part and shall between required inspections, except as provi ded in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. I Seek Exemption From The Requirements Of Section 9 1.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance

, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergo ne maintenance, preventive maintenance, rebuilding, or alteration unless--

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

7. I Seek 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 m onths, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person aut horized by § 43.7 of this chapter; or9 (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. I Seek 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 followi ng 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 o ther required or approved inspections, as appropriate, for each aircraft (inc luding 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 t he 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 eng ine, each propeller, and

each rotor.

(ii) The current status of life-limited parts of each ai rframe, 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 b asis.

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

(v) The current status of applicable airworthiness dire ctives (AD) and safety directives including, for each, the method of compl iance, the AD or safety directive number and revision date. If the A D or safety directive involves recurring action, the time and date when t he next action is required.10 (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently inst alled engines, rotors, propellers, and appliances.

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

(1) The records specified in paragraph (a)(1) of this s ection shall be retained until the work is repeated or superseded by other w ork or for 1 year 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 a ircraft is sold.

(3) A list of defects furnished to a registered owner o r operator under § 43.11 of this chapter shall be retained until the defects ar e repaired and the aircraft is approved for return to service.

C. The Extent Of Relief I Seek And The Reason I Seek T he Relief.

1. Extent Of Relief Robert Tipton Seek And The Reason Robert Tipton Seek 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 P IC 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 an d currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does n ot carry passengers or property for compensation or hire. As set forth more fully below, I submit that an equ ivalent level of safety will be maintained because no PIC will be allowed to operat e the DJI Phantom 2 & 3 UAS except

for me. Further, I submit that all flights of the DJI Phant om 2 & 3 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Robert Tipton and (2) will not carry passengers or property for compensation o r hire.11 2. Extent Of I Seek And The Reason I Seek Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Robert Tipton to determine that the DJI Phantom 2 & 3 UASs are in airworthy condition prior to every flight by ens uring that the UAS is in compliance with the operating documents (i.e., Operations Manual, M onthly Maintenance Log, and DJI Phantom 2 & 3 Instruction Manuals). I seek the requested relief because the DJI Phantom 2 & 3 UASs do not require an

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

ensure that the DJI Phantom 2 & 3 UASs are in airwo rthy condition based upon its compliance with the operating documents (i.e., Mont hly Maintenance Log, and DJI Phantom 2 & 3 Instruction Manuals) prior to every f light, and further, determine that the aircraft are in condition for safe flight, as state d in the conditions and limitations below.

3. Extent Of Relief I Seek And The Reason I Seek Relie f From Section 91.121.

Relief from Section 91.121, entitled Altimeter sett ings, may be required to allow flight operations of the DJI Phantom 2 & 3 UASs, wh ich utilize a barometric pressure sensor, GPS equipment, and a radio communications t elemetry data link to downlink

altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerni ng UAS operations be reported to air traffic control (ATC) in feet above ground level (A GL), I seek the requested relief because the DJI Phantom 2 & 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or f ield altitude, before each flight. Considering the limited altitude of the proposed op erations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth h erein, an equivalent level of safety will

be maintained since the DJI Phantom 2 & 3 UAs are e quipped with a barometric pressure sensor and GPS equipment, which automatically ensur es that a ground level pressure setting will be established prior to each flight, a nd provides the PIC with altitude information of the UA on the heads-up display of th e GCS.

4. Extent Of Relief I Seek And The Reason I Seek Relie f From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel require ments for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 2 & 3 UAs during daylight hours in visual m eteorological conditions (VMC), under visual flight rules (VFR), for a total durati on of 15 minutes to the first point of intended landing and, assuming normal cruising spee d, to fly after that for at least 4.5 minutes. I seek the requested relief because withou t an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 & 3 UAs will severely constrain the practicality of any aerial video or s till photo flight operations that I proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical sp ecifications of the DJI Phantom 2 & 3 UASs, the DJI Phantom 2 & 3 operating documents , and my proposed operating limitations, ensure that I will safely operate the battery powered DJI Phantom 2 & 3 UAs during daylight12

hours in visual meteorological conditions (VMC), un der visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising spee d, to fly after that for at least 4.5

minutes.

5. Extent Of Relief I Seek And The Reason I Seek Relie f From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certif icate, I request relief from these Sections because the DJI Phantom 2 & 3 UASs do not require a irworthiness certificates. As set forth more fully below, the DJI Phantom 2 & 3 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly I will perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS ope rating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 & 3 Instruction Manuals). Furthermore, I will document and maintain all maint enance records for the DJI Phantom 2

& 3 UASs.

D. The Reasons Why Granting Robert Tipton’s exemption Requests Would Be In The Public Interest; That Is, How It Would Be nefit The Public As A

Whole.

Granting the present Petition will further the publ ic interest by allowing Robert Tipton to safely, efficiently, and economically per form aerial video and photography for the real estate community, business owners, special events, and landscape over certain

areas of the United States. Additionally, use of the DJI Phantom 2 & 3 UASs wil l decrease congestion of the NAS, reduce pollution, and provide significant bene fits to the economy. Notably, the benefits of my proposed operation of the DJI Phanto m 2 & 3 UASs will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion O f The NAS. The DJI Phantom 2 & 3 UAs are battery powered and s erve as a safe, efficient, and

economical alternative to the manned aircraft tradi tionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 & 3 U AS would reduce the amount of manned aircraft in the NAS, reduce noise and air po llution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircr aft operating in the NAS, congestion around airports caused by arriving and d eparting aircraft will be reduced. The DJI Phantom 2 & 3 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and phot ography missions would result in fewer aircraft that must be handled by air traffic contro l during the ground, takeoff, departure, arrival, and landing phases of flight operations.13 2. The Public Will Benefit From The Safety And Efficie ncy Of The DJI

Phantom 2 & 3 UASs.

Conducting aerial acquisitions with the DJI Phantom 2 & 3 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric mot ors, the DJI Phantom 2 & 3 UASs produce no air pollution, and is the most viable en vironmentally conscious alternative to the cabin class, six cylinder internal combustion e ngine aircraft that are typically utilized for aerial video and photography, while burning app roximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 & 3 UAs, wh ile reducing the carbon footprint of aerial acquisitions, also eliminates noise pollutio n, as the UAs are propelled by battery powered electric motors, rather than an internal co mbustion engine. By using the DJI Phantom 2 & 3 UASs to perform aeri al acquisitions, the substantial risk to life and property in the air an d 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 fl ight crew members located onboard the aircraft, the DJI Phantom 2 & 3 UAs (weighing appro ximately 2 pounds 11 ounces, at maximum gross weights with lengths of 16 inches, wi dths of 16 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft tha t typically conduct similar operations (weighing approximately 6,000 pounds with a wingspa n of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 & 3 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Ph antom 2 & 3 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 & 3 UASs will allow United States based companies, like mine, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviat ion fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 2 & 3 UAS s is one such technology that not only allows companies greater operational flexibili ty compared to manned aircraft, but provides such flexibility without the high operatio nal cost of a traditional manned aircraft. By operating the DJI Phantom 2 & 3 UASs, companies such as I, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to gr owth of the U.S. economy. Improved financial performance of U.S. companies, through co mmercial use of the DJI Phantom 2 & 3 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows compani es to invest in research and development in order to remain competitive both in the United States and abroad.14 4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, I propose operation of the DJI Phantom 2 & 3 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 & 3 UASs will be operated only in compliance with operating documents (i.e., the Oper ations Manuals, Monthly Maintenance Logs, and DJI Phantom 2 & 3 Instruction Manuals) which requires property

owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the min imum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Ad versely Affect Safety, Or How The Exemption Would Provide A Level Of Safet y At Least Equal To That Provided By The Rule From Which I Seek Exemption.

1. Reasons Why The DJI Phantom 2 & 3 UAs Meet The Cond itions Of The FAA Modernization and Reform Act of 2012 (FMRA) Sec tion 333.

In consideration of the size, weight, speed, and li mited operating area associated with the unmanned aircraft and its operation, my op eration of the DJI Phantom 2 & 3 UASs meet the conditions of FMRA Section 333, and w ill not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, S ubpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for consi dering whether a UAS will create a hazard to users of the NAS or the public, or otherw ise 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 Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system befo re completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), the Secretary shall determine, at a minimum--

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

(2) ) whether a certificate of waiver, certificate of a uthorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned air craft systems identified under paragraph (1).15 (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 estab lish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, I submit that the DJI Ph antom 2 & 3 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 & 3 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 & 3 UASs De monstrate Its

Safe Characteristics.

The DJI Phantom 2 & 3 UASs do not create a hazard t o users of the NAS or the public, or otherwise pose a threat to national secu rity considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 & 3 U ASs.

The technical specifications of the DJI Phantom 2 & 3 UASs are set forth by the DJI Phantom 2 & 3 Specifications and Data Sheet.

ii. The DJI Phantom 2 & 3 UASs Autonomous Flight And Na vigation Modes Enable The UASs To Remain Within A Defined Op erational

Area.

The DJI Phantom 2 & 3 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 & 3 UASs is provided at pages 25- 35 of the DJI Phantom 2 & 3 User

Manuals.

iii. The DJI Phantom 2 & 3 UASs Are Designed For Automat ic

Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 & 3 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 secon ds, the DJI Phantom 2 & 3 UAs do not reacquire control link data from the GCS, the UAs w ill assume that the Control Link 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 DJI Phantom 2 & 3 UAS

are set forth in the DJI Phantom 2 & 3 User Manual s.

a. Flights Of DJI Phantom 2 & 3 UASs Will Be Conduc ted Pursuant To Specific Operating Limitations.

In seeking this exemption, I propose to commerciall y operate DJI Phantom 2 & 3 UASs for the purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific o perating limitations:16 1. Operations authorized by this grant of exemption wi ll be limited to the following aircraft described in the operating documents, roto rcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 & 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed e xceeding 20 knots.

4. The UA must be operated at an altitude of no more t han 400 feet above ground level (AGL), as indicated by the procedures specifi ed in the operating documents unless a special request is made and appr oved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sigh t (VLOS) of the PIC at all times. This requires the PIC to be able to use huma n vision unaided by any device other than corrective lenses, as specified o n the PIC’s FAA-issued airman

medical certificate.

6. The use of first person view (FPV) by the PIC or sa fety observer (SO) is not permitted.

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

8. The SO must not perform any other duties beyond ass isting the PIC with seeing and avoiding other air traffic and other ground bas ed obstacles/obstructions and is not permitted to operate the camera or other ins truments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administra tor upon request. If a discrepancy exists between the conditions and limit ations contained in the grant of exemption and the procedures outlined in the ope rating documents, the conditions and limitations contained in the grant o f exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator m ay update or revise its operating documents. It is the operator’s responsib ility to track such revisions and present updated and revised documents to the Ad ministrator 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 granted17 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 t he operating documents.

10. Prior to each flight the PIC must inspect the UAS t o ensure that it is in a condition for safe flight. If the inspection reveal s a condition that affects the safe operation of the UAS, the aircraft is prohibit ed from operating until the necessary maintenance has been performed and the UA S is found to be in a condition for safe flight. The Ground Control Stati on must be included in the preflight inspection. All maintenance and alteratio ns must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alteratio ns that affect the UAS operation or flight characteristics, e.g. replaceme nt of a flight critical component, must undergo a functional test flight. T he PIC who conducts the functional test flight must make an entry in the ai rcraft records.

12. The pre-flight inspection must account for all pote ntial discrepancies, e.g. inoperable components, items, or equipment, not alr eady covered in the relevant sections of the operating documents.

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

14. The operator must carry out its maintenance, inspec tions, and record keeping requirements, in accordance with the operating docu ments. Maintenance, inspection, alterations, and status of replacement/ overhaul component parts must be noted in the aircraft records, including to tal time in service, description of work accomplished, and the signature of the auth orized 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 air craft record of the corrective action taken against discrepancies disco vered between inspections.

17. The PIC must possess at least a private pilot certi ficate and at least a current

third- class medical certificate.

18. The operator may not permit any PIC to operate unle ss the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate

the UAS in a manner consistent with how the UAS wil l be operated under the exemption, including evasive and emergency maneuver s and maintaining appropriate distances from persons, vessels, vehicl es and structures. PIC qualification flight hours must be logged in a mann er consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training th e operator’s PICs are permitted under the terms of the exemption. However , training operations may18 only be conducted during dedicated training session s. During training, proficiency, and experience-building flights, all p ersons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in a ccordance with 14 C.F.R. §

91.119.

19. UAS operations may not be conducted during night, a s defined in 14 C.F.R. §

19.1. All operations must be conducted under visual meteo rological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of opera tions. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of a n airport reference point as denoted on a current FAA-published aeronautical cha rt unless a letter of agreement with that airport’s management is obtaine d, 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.

21. The UA may not be operated less than 400 feet below or less than 2,000 feet horizontally from a cloud or when visibility is les s than 3 statute miles from the

PIC.

22. If the UA loses communications or loses its GPS sig nal, it must return to a predetermined location within the planned operating ar ea and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpre dicted obstacles or emergencies in accordance with the operating docume nts.

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

25. The operator must obtain an Air Traffic Organizatio n (ATO) issued Certificate of Waiver or Authorization (COA) prior to conductin g any 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 accordance with airspace requirements in the ATO issued COA in cluding class of airspace, altitude level and potential transponder requiremen ts.

26. All aircraft operated in accordance with the exempt ion must be identified by serial number, registered in accordance with 14 C.F .R. part 47, and have identification (N- Number) markings in accordance w ith 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable

.19 27. Before conducting operations, the radio frequency s pectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government ov ersight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 an d 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made avai lable to the Administrator or any law enforcement official upon request.

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

30. The UAS may not be operated by the PIC from any mov ing device or vehicle.

31. Flight operations must be conducted at least 500 fe et from all nonparticipating persons (persons other than the PIC, SO, operator t rainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficientl y protect nonparticipating persons from the UA and/or debris in the event of a n accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticip ating persons leave such protection and are within 500 feet of the UA, fligh t 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 struc tures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined th at it does not present an undue hazard, and;

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

32. All operations shall be conducted over private or c ontrolled-access property with permission from the land owner/controller or a uthorized 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 tr ansgresses the lateral or vertical boundaries of the operational area as defi ned by the applicable COA must be reported to the FAA's UAS Integration Offic e (AFS-80) within 24 hours. Accidents must be reported to the National T ransportation Safety Board (NTSB) per instructions contained on the NTSB Web s ite: www.ntsb.gov

.

2. Reasons Why An Exemption From The Requirements Of S ection 61.113(a) And (b) Would Not Adversely Affect Safety.20 I submit that the equivalent level of safety establ ished by Section 61.113(a) and (b)

will be maintained because no PIC will be allowed t o operate the DJI Phantom 2 & 3 UASs except Robert Tipton and that PIC has demonstr ated, by meeting minimum flighthour and currency requirements, that the PIC is abl e to safely operate the DJI Phantom 2 & 3 UAS in a manner consistent with the exemption, in cluding evasive and emergency maneuvers and maintaining appropriate distances fro m people, vessels, vehicles and

structures. Considering my proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot a eronautical knowledge requirements to those of commercial pilot requirements (See Exempti on No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 & 3 UAS, I submit that the additional manned airmanship experience of a commer cially certificated pilot would not correlate to the airmanship skills necessary for my 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 resp ects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11 160, 11161). I will not allow any PIC to operate the DJI Phantom 2 & 3 UAS except me and that PIC has demonstrated, by meeting minimum flight-hou r requirements or the DJI Phantom 2 & 3 UAS training and currency requirements, that the PIC is able to safely operate the

DJI Phantom 2 & 3 UAS in a manner consistent with t his exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures. Specifically, the PIC must have accumulated and log ged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time a s a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot op erating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with app licable regulations will ensure an equivalent level of safety during my proposed opera tions. The Administrator has held that prior documented flight experience that was obtaine d in compliance with applicable regulations would ensure safe operations, stating a s follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar o perations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at l east 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations u nder Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers the se minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be

included in the 10 hours of multi-rotor time and th e 10 hours may be included in

the total 25 hours of UAS rotorcraft time. In addit ion to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum , the flight-hour requirements21 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 requ irement. Training, proficiency, and experience-building flights can also be conduct ed under the grant of exemption to accomplish the required flight time. During trai ning, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate

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

Exemption No. 11138 at page 15. Accordingly, I will ensure safe operations by not a llowing any PIC to operate the

DJI Phantom 2 & 3 UAS unless that PIC has demonstra ted, by meeting minimum flighthour and currency requirements, that the PIC is abl e to safely operate the DJI Phantom 2 & 3 UAS in a manner consistent with the exemption, in cluding evasive and emergency maneuvers and maintaining appropriate distances fro m people, vessels, vehicles and

structures.

3. Reasons Why An Exemption From The Requirements Of S ection 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Secti on 91.7(a) will be maintained because prior to every flight, I will ensure that t he DJI Phantom 2 & 3 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as

stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material r espects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11 159, 11160, 11161).

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

The equivalent level of safety established by Secti on 91.121 will be maintained

because the altitude information of the DJI Phantom 2 & 3 UAs will be provided to the PIC via GPS equipment and a radio communications te lemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with my operation of the DJI Phantom 2 & 3 UAs within visual line of sight, at or below 400 feet AGL, will ensur e a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 1108 0, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11 161).

5. Reasons Why An Exemption From The Requirements Of S ection 91.151(b) Would Not Adversely Affect Safety.22 A grant of this exemption would ensure an equivalen t level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 & 3 UASs; (2) the limitations on the prop osed flight operations; and (3) the location of the proposed flight operations. Accordi ngly, I will ensure that it will safely operate the battery powered DJI Phantom 2 & 3 UAs d uring daylight hours in VFR conditions, with enough battery power to fly for a total duration of 15 minutes to the first point of intended landing and, assuming normal crui sing speed, to fly after that for at least

4.5 minutes.

Here, as in Exemption No. 11109, the technical spec ifications of the DJI Phantom 2 & 3 UASs; the limitations on the proposed flight op erations; and the location of the proposed operations, will ensure an equivalent leve l of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensu red as the DJI Phantom 2 & 3 UASs provide audible and visual warnings to the PIC at t he GCS when the UAs experiences low battery voltage, the first warning occurring at app roximately 33% remaining battery power, and again at approximately 10% remaining battery po wer. At the critically low battery level, the DJI Phantom 2 & 3 UASs will descend and land automatically. Significantly, previous exemptions granted by the F AA concerning Section 91.151 establish that safety is not adversely affected whe n the technical characteristics and operating limitations of the UAS are considered. Re lief has been granted for manned aircraft to operate at less than the minimums presc ribed 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 circumstanc es similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 1 0808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11 136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of S ections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, I submit that the equiva lent level of safety with regard to the regulatory maintenance and alteration requireme nts 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 I will use trained technicians to perform maintenance, alterat ions, or preventive maintenance on the UASs using the methods, techniques, and practices p rescribed in the operating documents (i.e., the Operations Manual, Monthly Maintenance L og, and DJI Phantom 2 & 3 Instruction Manuals). Furthermore, I will document and maintain all maintenance records

for the DJI Phantom 2 & 3 UASs.

Likewise, the exemption sought will not adversely a ffect safety because I will use my experience to perform maintenance, alterations o r preventive maintenance on the UAS using the methods, techniques, and practices prescr ibed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.41 7(b), because all maintenance of the DJI Phantom 2 & 3 UASs will be performed by me. Mai ntenance will be documented and maintained utilizing the monthly maintenance log.23 Significantly, previous exemptions granted by the F AA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical character istics and operating limitations of the

UAS are considered. In consideration of my proposed operating limitatio ns, the operating documents, and the technical aspects of the DJI Phantom 2 & 3 UASs, I submit 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). Th e FAA has previously granted relief specific to UAS in circumstances similar, in all ma terial respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11 066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11 158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Moderniza tion and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Condi tions, I request that the FAA prescribe special conditions for the intended opera tion of the DJI Phantom 2 & 3 UASs, which contain such safety standards that the Admini strator finds necessary to establish a level of safety equivalent to that established by 1 4 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 condition s will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Se ction 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 f urther, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 & 3 UAS s, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or app ropriate safety standards, due to the novel or unusual design features of the aircraft. S ection 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an air craft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and ame ndments thereto for the product. The special conditions are issued in accordance wit h Part 11 of this chapter and contain such safety standards for the aircraft, air craft 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 DJI Phantom 2 & 3 UASs, which contain such safety stand ards 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), 9 1.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).24

F. A Summary That Can Be Published In The Federal Regi ster, stating: The Rules From Which Robert Tipton Seeks Exemption:

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

A Brief Description Of The Nature Of The Exemption Robert Tipton Seeks:

This exemption will permit Robert Tipton to commerc ially 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 Ava ilable To Support Robert Tipton’s Request.

This Petition is made pursuant to the FAA Moderniza tion and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Robert Tipton’s request for exemption may be granted pursuant to the authority of FMRA Sectio n 333 and 14 C.F.R. Part 11, as set

forth above. FMRA Section 333 sets forth the requirements for co nsidering 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 s uch UAS to operate without airworthiness

certification. As discussed in detail above, Robert Tipton will op erate the DJI Phantom 2 & 3 UASs safely in the NAS, without creating a hazard t o users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Robert Tipton seeks an exempti on 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 DJI Phantom 2 & 3 UASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States . By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the intere sts of the public, by allowing Robert Tipton to safely, efficiently, and economically ope rate the DJI Phantom 2 & 3 UASs commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulatio ns and the FAA Modernization and Reform Act of 2012, Section 333, Robert Tipton respectfully requests that the Administrator grant this Petition for an e xemption from the requirements of 1425

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 per mit HomeScenes, Inc. to operate the DJI Phantom 2 & 3 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States

. Dated: July 1, 2015

CONCLUSION SUMMARY

y training as a private pilot and over 15 years of experience as the CEO of my company HomeScenes, Inc. and working with thousands of real estate professionals & home buyers & home sellers, have afforded me the responsibility of placing safety & privacy at the top of the list of important factors when working with people and properties, both private & commercial. The safety & privacy asp ects set forth by the FAA will be strictly maintained with the use of all UAVs I may include in my business operations. I intend on holding training sessions with any & all persons involved with the use of the UAVs in my business dealings with our customers. I will comply with any & all rules, regulations, recommendations, etc. from the FAA. Wi th the exponential growth of the UAV industry, I feel it is imperative to maintain the s afety & privacy policies as currently set forth by the FAA as well as any future policies, ru les & regulations that may be issued by the FAA. My maintaining of safety & privacy issues regarding any & all UAV activity will set an example for others to follow as well as main tain a professional level of operations.

Respectfully submitted, Robert Tipton

Robert Tipton HomeScenes, Inc. CEO 5579-B Chamblee Dunwoody Road

Box 231 Atlanta, GA 30338 Tel: (404) 312-7952 

# M26

Appendices:

A – DJI Phantom 3 Specifications Data Sheet B – Monthly Maintenance Log

APPENDIX – A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

I only utilize safe and reliable UASs. DJI is an in dustry leader in small UAS production. DJI UASs are loaded with ground breaking software e nabling the user to set parameters which will not allow flight into controlled airspac e. Parameters can also be set to limit flight to no higher than a predetermined and set al titude as well as limit flight to a predetermined and set distance. In addition, DJI so ftware provides real-time altitude and

location information to the PIC via the linked moni tor (smart phone/tablet devices)

Phantom 3 Specs. (Phantom 2 PLUS is very similar in specs)

Weight (Including Battery And Propellers) 1280 g Diagonal Size (Including Propellers)

590 mm Max Ascent Speed

5 m/s Max Descent Speed

3 m/s Hover Accuracy

Vertical: +/- 10cm

Horizontal: +/- 1m Max Speed 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS

Camera

Sensor Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total p ixels: 12.76 M)

Lens FOV 94° 20 mm (35 mm format equivalent) f/2.8, focu s at ∞27

ISO Range 100-3200 (video) 100-1600 (photo) Shutter Speed

8s -1/8000s Image Max Size

4000 x 3000 Still Photography Modes Single Shot Burst Shooting: 3/5/7 shots28

Auto Exposure Bracketing (AEB): 3/5

Bracketed Frames at 0.7EV Bias Time-lapse Video Recording Modes

Phantom 3 Professional UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60

Phantom 3 Advanced FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 Supported SD Card Types

Micro SD Max capacity: 64 GB. Class 10 or UHS-1 rating requi red Max Bitrate Of Video Storage 60 Mbps Supported File Formats

FAT32/exFAT Photo: JPEG, DNG Video: MP4, MOV (MPEG-4 AVC/H.264) Operating Temperature

0°C to 40°C

Gimbal Controllable Range

Pitch -90° to +30°

Stabilization 3-axis (pitch, roll, yaw) Vision Positioning Max Velocity Less than 8 m/s (when 2 m above ground) Altitude Range

30 cm-300 cm Operating Range

30 cm-300 cm Operating Environment Surface with clear pattern and adequate lighting (L ux > 15)

Remote Controller Operating Frequency

2.400 GHz-2.483 GHz

Max Distance 2000m (outdoors and unobstructed) Video Output Port

USB Operating Temperature 1.129 Phantom 3 Pre-Flight Inspection Check List

Pre-Flight Check List

ο Visual inspection for defects

ο Batteries fully charged and checked - Transmitter, UAS, iPad, iPhone, approved/compatible device

ο Props tightened and locked

ο SD card in camera

ο Lens cap removed (As necessary)

ο Antennae up and parallel

ο Transmitter turned on (press once, release, then pr ess and hold for 3 seconds)

ο Ensure Transmitter is in P Mode

ο UAS turned on (press once, release, then press and hold for 3 seconds)

ο Flick the transformation switch on transmitter up a nd down 4 times quickly to convert from travel mode to flight mode or use the app

ο DJI Pilot app quit and restarted, no other running apps on iPad

ο Tap bar at top of app (Safe to Fly GPS) for full st atus

ο Maps are cached (move the map around, zoom in an ou t)

ο Minimum return height adjusted (check for tallest o bject and set accordingly)

ο UAS placed in safe launch and recover position

ο Home point reprogrammed via app

ο Area clear of people / obstructions

Flight Check List

ο Hover close for 20 seconds. Look / Listen for defec ts

ο Confirm expected stick operation

ο Monitor battery power

ο Monitor signal strength

ο Keep line-of-sight with UAS

o Ensure area/zone of intended flight path is clear o f other aerial traffic.

o Ensure area/zone of intended flight path is clear o f any electrical/power lines

o Ensure atmospheric conditions are optimal for safe operation of UAV/UAS

Select a safe zone to “ditch” the UAV/UAS in the ev ent an emergency landing is required30 PHANTOM Flying Flowchart V1 .0 (Simplified Version)

This flowchart is a i ming a he l p you to get famil iar with the flying procedures of PHANTOM

, please read the

Manual carefully to get the operation details

. 11s corresponding Firmware Version i s V3

. 0

.



# ... k31 APPENDIX – E

**MONTHLY$MAINTENANCE$LOG**

month: (year:

**UAS$#:$** Date(Issue(

Discovered Date(Issue(

Addressed Issue(Description(&(Maintenance(Conducted Maintenance(Performed(By:((( Print(&(Sign

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other: