### 1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Edward E. Mathews, dba Amelia Island Images FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS O F TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a) ( 1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 2 VISION+ UNMANNED AIRCRAFT

SYSTEMS PURSU ANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on April 29 , 2015
Edward E. Mathews Mailing address: PO Box 1945; Yulee, FL 32041 Physical address: 85332 Miner Road; Yulee, FL 32097 Tel: (904 ) 22 5

- 0581 Cel l : (904) 314

- 4300 Email: edmathew@comcast.net

### 2 

### TABLE OF CONTENTS

Page
GLOSSARY OF A BBREVIATIONS................... ............................3
SUMMARY........................................................... ...... 4
INTRODUCTION AND INTERESTS OF PETITIONER.................... ............ 4
BACKGROUND................................................. ............. 5
BASIS FOR PETITION......................................... ............. 6
NAME AND ADDRESS OF PETITIONER ............. ........ ............... 9 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER SEEKS EXEMPTION ......................................................... 9
THE EXTENT OF RELIEF PETITIONER SEEKS AND THE REASON PETITIONER SEEKS THE R ELIEF ........ ...... ..... .. ........ ......... . 13
THE REASONS WHY GRANTING PETITIONER ’S REQUEST WOULD BE IN THE PUBLIC INTEREST .. ............... ........................... .... .. 17
THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY..................... ..................... .................. 21
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTE R... ..... ....... 3 7 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT PETITIONER ’S REQUEST.........
............................... 3 7
CONCLUSIO N.................................................... .......... 3 8
APPENDICES.............................................................. 3 9
A

– DJI Phantom 2 Vision+ Specifications Data Shee t ...............39 B

- DJI Phantom 2 Vision+ Manufacturer’s User Manual
..... .... ....40 C

– Preflight And Mission Checklist
............................... 90 D

– Monthly Maintenance Log
....................................... 91 E

– Photocopy of Aircraft Registration Application
............... 92

### 3 GL OSSARY 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 Aviatio n Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTO L Vertical Takeoff and Landing

### 4 

### SUMMARY

Edward E. Mathews , hereinafter referred to as Petitioner, seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) &(b), 91.7(a),91.121,91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417 (a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Edward E. Mathews, doing business as Amelia Island Images, a sole proprietorship with no employees , to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, special events, and landscape over certain areas of the United
States.



### INTRODUCTION AND INTERESTS OF T HE PETITIONER Petitioner provides his clients with quality digital
content and printed products for use in their commercial, personal, and non

- profit multimedia projects. Amelia Island Images has been in continuous operation since 1987, and petitioner is proud of consistently providing quality products and services. The objective of Petitioner is to provide high quality imaging for a variety of commercial, public, and residential uses . Petitioner’s primary activity involves the creation of photograph post cards for wholesale distribution to

### 5



### state parks, museums, lighthouses, and a variety of retail stores in southeast Georgia and northeast Florida small towns
and rural areas. 

### BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision + Petitioner seeks a n exemption to operate a single DJI system to support his existing post card business, for compensation , or for hire within the NAS. The DJI Phantom 2 Vision+ is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GC S) u si ng a smart phone monitoring system. The DJI Phantom 2 Vision+ has a maximum gross weight of approximately 2 pounds 11 ounces, a length of 16 inches , width of 16 inches, height of 8 inches, and a maximum speed of approximately 25 miles per hour . The D JI Phantom 2 Vision+ UA is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 2 Vision+ UA S will be operated only by
Edward E. Mathews
. An Aircraft Registration Application for this
UAS w as submitted using an original AC Form 8050

- 1 on April 29, 2015 (see Appendix E) in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and will be marked in accordance with 14 C.F.R. Part 45, Identification an d Registration Marking.

### 6 

### BASIS FOR PETITION
P ursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, pe tition is hereby submitted
to the Administrator to commercially operate the DJI Phantom 2 Vision + UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, use of the DJI Phantom 2 Vision+ UAS meets the conditions of FMRA Se ction 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.
Accordingly, Petitioner requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these se ctions set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Petitioner submits that the requested relief is proper since an equivalent level of safety will be ensured. Petitioner

### 7



### will use experienced perso nnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Petitioner’s Preflight and Mission Checklist, Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual). Furthermore, Petitioner will document and maintain all maintenance records for the DJI Phantom 2 Vision+
UAS.
Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Petitioner because the aircraft cannot carry passengers or property, and the flight of this aircraft is only incidental to Petitioner’s business.

Petitioner seeks relief from Section 91.7(a), entitled Civ il aircraft airworthiness, because the DJI Phantom 2 Vision+
UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Petitioner submits that it will ensure that the DJI Phantom 2 Vision+ UAS is in an airw orthy condition prior to every flight by determining that
the UAS is in compliance with the operating documents (i.e., Petitioner’s Preflight and Mission Checklist, Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Ma nual), and that the aircra ft is in a condition for safe flight.

### 8 Petitioner also seeks an exemption from the requirements of Section 91.121, entitled Altimeter 

### Settings , as the DJI Phantom 2 Vision+ UA will not have a typical 

### barometric altimeter onboard. However, altitude
informa tion of the DJI Phantom 2 Vision+ UA 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 info rmation, combined with Petitioner’s operation of the DJI Phantom 2 Vision+ UAS within visual line of sight, at or below 396 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Petitioner seeks an exemption from the require ments of Section 91.151(b), entitled 

### Fuel requirements for flight in VFR
conditions. Petitioner submits that safety will not be affected by operation of the DJI Phantom 2 Vision+ UA during daylight hours in visual meteorological conditions (VMC) under visu al flight 

### rules (VFR), with enough battery power to fly for a total duration of 25 minutes, and will always be landed at the position it started from.

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

### 9



### A. Name And Address Of The Petitioner.
Edward E. Mathews Mailing address: PO Box 1945; Yulee, FL 32041 Physical address: 85332 Miner Road; Yulee, FL 32097 Tel: (904) 225

- 0581
Cel l : (904) 314

- 4300 Email: edmathew@comcast.net

B. 

### The Sp ecific Sections Of 14 C.F.R. From Which Petitioner Seeks Exemption

. 1. Petitioner Se eks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and ( b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with a ny 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. 

### 2. Petitioner S eeks Exemption From The Requirements Of Section 91.7( a)

### 10 Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil ai rcraft unless it is in an airworthy condition. 

### 3. Petitioner 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 wit hin 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not e quipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. 

### 4. Petitioner Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing an d, assuming normal cruising speed, to fly after that for at least 20 minutes. 

### 5. Petitioner Seeks Exemption From The Requirement Of Section 91.405(a).

### 11



### Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or oper ator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribe d in part 43 of this chapter
. 

### 6. Petitioner Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may ope rate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

- (1) It has been approved for return to service by a person authori zed under §43.7 of this chapter. 7. Petitioner S eeks Exemption From The Requirem ents 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 calend ar months, it has had

– (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificat e in accordance with part 21 of this chapter. 8. Petitioner 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:

### 12 (a) Except for work perf ormed 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 record s 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) 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 c ontaining the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time si nce last overhaul of all items installed on the aircraft which are required to be overha uled 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 und er which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the A D or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, prope llers, 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 fo r 1 year after the work is performed.

### 13 (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator u nder § 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 Petitioner S eeks And The Reason Petitioner Seeks The Relief.
1. Extent Of Relief Petitioner S eeks And T he Reason Petitioner Seeks Relief From Section 61.113(a) And (b). 

### Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested by Petitioner because the aircraft cannot carry passengers or
proper ty, and the flight of this aircraft is only incidental to Petitioner’s business.
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 c onnection with any business if: (1) The flight is only incidental to that business; and (2) The aircraft does not carry passengers or property for compensation or hire.

Petitioner submits that an equivalent level of safety will be maintained because Peti tioner is an experienced hobby drone pilot, and no other person will be allowed to act as PIC. Additionally, as explained more fully below, the software used

### 14



### by the Phantom 2 Vision+ has many safet y features and capabilities that reduce incident likelihood
.
Further, Petitioner submits that all flights of the DJI Phantom 2 Vision+ UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Petitioner ’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Petitioner S eeks And The Reason Petitioner Seeks Relief From Section 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Petitioner to determine that the DJI Phantom 2 Vision+ UAS is in airworthy condition prior to every flight by ensuring that the
UAS and its operation are in compliance with the DJI Phantom 2 Vision+ Instruction Manual and Petitioner’s Preflight and Mission Checklist ).

Petitioner seeks t he requested relief becau se the DJI Phantom 2 Vision+ UA do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Petitioner will ensure that the DJI Phantom 2 Vision+ UAS is in airworthy condition based upo n its compliance with the DJI Phantom 2 Vision+ Instruction Manual and Petitioner’s Preflight and Mission Checklist prior to every flight, and

### 15



### furt her, determine that the system is in condition for safe flight, as stated in the conditions and limitations b elow.

3. Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 2 Vision+ UA , which utilize s a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS oper ations be reported to air traffic control (ATC) in feet above ground level (AGL), Petitioner seeks the requested relief because the DJI Phantom 2 Vision+ UA’s altimeter is automatically set on the ground to zero feet AGL, rather than the local barometric p ressure or field altitude, before each flight.
Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully se t forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 Vision+ UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a

### 16



### ground level pressure setting will be established prio r to each flight, and provides the PIC with altitude information of the UA
on t he heads

- up display of the GCS.

4. Extent Of Relief Petitioner Seeks And The Reason Petitioner 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 p owered DJI Phantom 2 Vision+ UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total
d uration of 25 minutes and will always be landed at the position it started from
. Petitioner seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision+ UA will

severe ly constrain the practicality of any aerial video or still photo flight operations that Petitioner proposes to conduct pursuant to this Petition.
Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision+ UAS, the DJI Ph antom 2 Vision+ operating documents, and Petitioner’s proposed operating limitations, ensure that Petitioner will safely operate the battery powered DJI Phantom 2 Vision+ UAs during daylight hours in visual meteorological conditions (VMC), under visual fli ght rules (VFR), with enough battery power to fly for

### 17



### a total duration of 25 minutes , and will always land at the position it started from
.

5. Extent Of Relief Petitioner S eeks And The Reason Petitioner Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Petitioner requests relief from these Sections because the DJI Phanto m 2 Vision+ UAS does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+ UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Petitioner will personally p erform owner

recommended maintenance such as battery charging and inspection and propeller inspections, and will use DJI trained repair facilities to perform more technical maintenance and alterations on the UAS using the methods, techniques, and practices prescribed in the DJI Phantom 2 Vision+ Instruction Manual.

D. The Reasons Why Granting Petitioner Request Would Be In The P ublic Interest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petition will further the public interest by allowing Petitioner to safely, efficiently, and economically perform aerial video and photography for his clients over certain areas of the United States.

### 18



### Additionally, use of the DJI Phantom 2 Vision+ UAS will decrease congestion of the NAS, reduce p ollution, and provide significant benefits to the economy. Notably, the benefits of Petitioner’s proposed operation of the DJI Phantom 2 Vision+ UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From D ecreased Conges tion Of The NAS. The DJI Phantom 2 Vision+ UA is battery powered and serve s 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 perfor m aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+ UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

F urthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 Vision+ UA do es not require an airport to takeoff or land. Likewise, a reduc tion 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,

### 19



### takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Wil l Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision+ UAS. Conducting aerial acquisitions with the DJI Phantom 2 Vision+ UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise
p ollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motor s, the DJI Phantom 2 Vision+ UA produce s no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+ UA, while reducing the car bon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine.
By using the DJI Phantom 2 Vision+ UAS to perform aerial acquisitions, the subs tantial 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

### 20



### lack of flight crew members located onboa rd the aircraft, the DJI Phantom 2 Vision+ UA (weighing approximately 2 pounds 11
ounces at its maximum gross weight, and with a length of 16 inches , width 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 that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).
3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision + UAS Will Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 2 Vision+ is also an economical alternative to using manned aircraft to conduct sim ilar aerial operations. As such, operation of the DJI Phantom 2 Vision+ UAS will allow United States based companies, like Petitioner’s , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitiv e. Operating such battery powered aircraft is on e such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility

### 21



### without the high operational cost of a traditional manned aircraft.
By operating systems similar to the DJI Phanto m 2 Vision+ UAS, entities similar to Petitioner’s can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performan ce of U.S. companies, through commercial use of such UAS s , will help provide 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 Issues. Similar to the manned aerial acquisition flight operations
that have been conducted for decades, Petitioner ’s proposed operation
of the DJI Phantom 2 Vision+ UAS will not implicate any privacy issues. Specifically, the DJI Phantom 2 Vision+ UAS will be operated only in compliance with the DJI Phant om 2 Vision+ Instruction Manual, which requires property owner involvement as well as local law enforcement notification, and i n accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119 (a) and (d) (1)
.



### E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level

### 22



### Of Safety At Least Equal To That Provided By The Rule From Which Petitioner S eeks Exemption. 1. Reasons Why The DJI Phantom 2 Vision+ UA Meet s 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, Petitioner ’s operation of the DJI Phantom 2 Vision+
UAS meet s the conditions of FMRA Section 333, and will not require an airworthiness certificate in accord ance with 14 C.F.R. Part 21, Subpart H.
Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

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

- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capab ility, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of

### 23 the national airspace system or the public or pose a t hreat to national security; and (2) whether a certificate of waiver, certi ficate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

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

### In seeking this exemption, Petitioner submits that the DJI Phantom 2 Vision+ UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ UAS; (b) Petitioner’s experience as a drone pilot ; a nd (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision+ UAS Demonstrate Its Safe Characteristics. The DJI Phantom 2 Vision+ UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, spe ed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 Vision+ UAS. 

### The technical specifications of the DJI Phantom 2 Vision+
UAS are set forth by the DJI Phantom 2 Vision+ S pecifications and Data Sheet, attached hereto as Exhibit A.

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

### The DJI Phantom 2 Vision+ UAS may be operated in both
manual and fully autonomous flight modes. C ontrolle r software is programed to prevent the UAS from operating above 394 feet AGL or at a distance greater than 400 meters (when set to CE compliance, as Petitioner’s is) or with in No Fly Zones , in
autonomous mode . In manual (also called ready to fly) mode, operation above 394 feet AGL is prevented. A complete description of the flight and navigational modes of the DJI Phantom 2 Vision+ UAS is provided at pages 25

- 35 of the DJI Phantom 2 Vision+ User Manual, attached h ereto as Exhibit B.

iii. The DJI Phantom 2 Vision+ UAS is Designed For Automatic 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 Vision+ UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+ UA does not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the UA 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 Vision+ UAS are set forth at pages 27 through 29 of the DJI Phantom 2 Vision+ User Manual, attached hereto as Appendix B.

### 25 iv. Th e DJI Phantom 2 Vision+ GCS And Its Operation. 

### A complete description of the operation and specifications of the DJI Phantom 2 Vision+ GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 2 Vision+
User Manual. DJI Phantom 2 Vision+ User Manual is attached hereto as Exhibit B.

b. Flight Operations Of The DJI Phantom 2 Vision+ UAS Are Limited To The Line Of Sight Of Petitioner
. Petitioner is experienced at operating the UAS, will limit operations to line of site situations , and will not allow the UAS to be operated by others
.

c. Flights Of DJI Phantom 2 Vision+ UAS Will Be Conducted Pursuant To Specific Operating Lim itations. In seeking this exemption, Petitioner proposes to commercially operate a DJI Phantom 2 Vision+ U AS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircr aft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision+ Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or a petition to amend this g rant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose o f aerial video and photography , and camera controls will be set up prior to takeoff to avoid in

- flight distraction
.

### 26 3 . The UA may not be flown at an in dicated airspeed exceeding 25 miles per hour
. 4. The UA must be operated at an altitude of no more than 396 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes repor ted to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses
. 6. T he use of first person view (FPV) is not permitted. 7. Since a ll operations will be conducted in remote locations or where danger to property or people does not exist, the need for a safety observer will not be necessary
. 8. In the unlikely event an SO i s needed, he or she must be adequately trained, must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate t he camera or other instrume nts. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption an d 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 op erator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption . The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisi ons to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the in spection 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 properly documented in the aircraft records.

### 27 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replace ment of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoper able components, items, or equipment, not already covered in the relevant secti ons of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/com

ponent, maintenance, overhaul, replacement, inspectio n, and life limit requirem ents. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulleti ns. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. Petitioner is the only person authorized to be the PIC , and the UAS will only be operated in auton omous mode except when evasive maneuvers are necessary , to regain control after the control signal is lost, or when satellite guidance is lost
. 18. Due to the size of Petitioner’s business and the fact that there are no employees, the need to train and ce rtify an alternate PIC does not exist. 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 is required, a special request wi ll be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- publishe d aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made avai lable to the Administrator upon request.

### 28 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 22. If the UA loses communications or loses i ts GPS signal, it must return to the location from which it took off and land or be recovered in accordanc e with the operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordanc e with the operati ng documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to accomplish the photography or video goal, and land the UA with 25% battery p ower remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the 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 including class of airspace, altitude level and potent ial transponder requir ements. 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 m ust 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 ove rsight 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 any time the UAS is operating. These documents must be made available 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 operatio ns and activities at all times. 30. The UAS may not be operated by the PIC fro m any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, v ehicles, and structures unless: a. Barriers or structures are present that sufficiently pr otect nonparticipating persons from the UA and/or debris in

### 29 the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are wi thin 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 PIC has made a saf ety 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 PIC do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be con ducted 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 f or each flight to be conducted. 33. Any inc ident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on t he NTSB Web site: www.ntsb.gov

. 34. The integrated ground station function may not be used. 

### 2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Sa fety.
Petitioner submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no individual other than Petitioner will be allowed to operate the DJI Phantom 2 Vision+
UAS and Petitioner has demonstrated, by meeting minimum flight

- hour and currency requirements, that Petitioner as PIC is able to safely operate the DJI Phantom 2 Vision+ UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from people, vessels, vehicles and structures.

### 30 Considering Petitioner ’s proposed area of operations, and the operating limitations set forth

- above , and the airmanship skills necessary to safely operate the DJI Phantom 2 Vision+ UAS, Petitioner submits that the additional manned airmanship experience of a certificated pilot would not correlate to the airmanship skills necessary for Petitioner’s specific proposed flight operations.

Petitioner will not allow any other individual to operate the DJI Phant om 2 Vision+ UAS for commercial purposes.

Petitioner submits that he has accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 31 hours of total time as a UAS rotorcraft pilot operating the same make and model of UAS to be used for
ope rations under the exemption . In addition, each hour involved an average of 9 takeoffs and landings. As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Petitioner proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exempti on No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rot orcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UA S to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hour s may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour

### 31 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 require ments 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 a pplicable 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 fl ights 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, Petitioner will ensure safe operations by not allowing
any other individual to operate the DJI Phant om 2 Vision+ UAS ; and Petitioner has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ UAS in a manner consistent with the exemption, including evasive and emergency man euvers and maintaining appropriate distances from people, vessels, vehicles and structures. 

### 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Wou ld Not Adversely Affect Safety. The equivalent level of safety established by Section 91. 7(a) will be maintained because prior to every flight, Petitioner will ensure that the DJI Phantom 2 Vision+ UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herei n.
Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

### 32



### 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Wou ld Not Adversely Affect Safety. The equivalent level of safety established by Section 91.121 will be mai ntained because the altitude information of the DJI Phantom 2 Vision+ UA will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altit ude. This altitude information, combined with Petitioner ’s operation of the DJI Phantom 2 Vision+ UA within visual line of sight, at or below 396 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generat ed 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 circumstance s similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

### 5. Reasons Why An Exemption From The Requirements Of Section 91.151(b)Would Not Adversely Affect Safety. A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 Visio n+ UA S ; (2) the limitations on the proposed flight operations; and (3) the location s of the proposed flight operations. Accordingly, Petitioner will ensure that it will safely operate the battery powered DJI Phantom 2 Vision+ UA during

### 33

daylight hours in VF R conditions , 

### with enough battery power to fly for a total duration of 25 minutes , and will always land at the position it started from.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 Vision+ UAS; the limitations on th e proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision+ UAS provide s audible and visua l warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI
Ph antom Vision+ UAS will descend and land automatically.

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

### 34



### 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. In seeking this exemption, Petitioner submits that the equivalent
level of safe ty 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 Petitioner will use trained technicians to perform maintenance, alterat ions, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Petitioner’s Preflight and Mission Checklist , Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual).

Furt hermore, Petitioner will document and maintain all maintenance records for the DJI Phantom 2 Vision+ UAS. Since the DJI Phantom 2 Vision+ UAS will be inspected as prescribed by the operating documents, Petitioner 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 DJI Phantom 2 Vision+ User Manual is attached hereto as Exhibit B; a copy of the DJI Phantom 2 Vision+ UAS Maintenance LOG is attached hereto as Appendix D
.
Likewise, the exemption sought will not adversely affect safety
because Petitioner will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 Vision+ UAS will be performed by

### 35

trained technicians. Maintenance will be d ocumented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of this UAS is considered.

In consideration of Petitioner proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 Vision+ UAS, Petitioner submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all materi al 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 Saf e 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, Petitioner requests that the FAA prescribe special conditions for the intended operation of the DJI Phant om 2 Vision+ UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405 (a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited

### 36

purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire . FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airwor thiness 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 conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 Vision+ UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:


### If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety 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 safety standards for the aircraft, aircraft engine or propeller as the FAA fi nds 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 Petitioner’s intend ed operation of the DJI Phantom 2 Vision+ UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and

### 37

14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

### F. A Summary That Can Be Publ ished In The Federal Register, S tating: The Rules From Which Petitioner seeks Exemption: Edward E. Mathews, dba Amelia Island I mages, 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 Petitioner Seeks:
This ex emption will permit Edward E. Mathews to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. 

### G. Any Additional Information, Views, Or Arguments Availab le To Support Petitioner’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 safely in the NAS. As such, Petiti oner request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

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

As discussed in detail above, Petitioner will operate the DJI Phantom 2 Vision+ UASs safely in the N AS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

### 38 

### CONCLUSION As set forth herein, Petitioner 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 DJI Phantom 2 Vision+ UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Petitioner to safely, efficiently, and economically o perate the DJI Phantom 2 Vision+ UAS commercially within the NAS.

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

Dated: May 25 , 2015 Respectfully submitted,
Edward E. Mathews

______________________________________

### 39

Appendices: A

– DJI Phantom 2 Vision+ Specifications Data Sheet B

– DJI Phantom 2 Vision+ Manufacturer’s User Manual C

- A melia I sland I mages P reflight A nd M ission C hecklist D

– Monthly Maintenance Log E

– Aircraft Registration Application
APPENDIX

– A 

## DJI PHANTOM 2 VISION+ TECHNICA L SPECIFICATIONS DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to n o higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone) 1.1. DJI Phantom 2 Vision + 1.1.1. Aircraft 1.1.1.1. Supported Battery

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

– 2lbs 11.810oz (1242g) 1.1.1.3. Hover Accuracy (Ready to Fly)

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

- 200°/s 1.1.1.5. Max Tilt Angel

- 35° 1.1.1.6. Max Ascent Sp eed

– 6m/s 1.1.1.7. Max Descent Speed

– 2m/s 1.1.1.8. Max Flight Speed

– 15m/s (NOT RECOMMENDED) 1.1.2. Gimbal 1.1.2.1. Working Current

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

- ±0.03° 1.1.2.3. C ontrollable Range

– Pitch:

- 90°

- 0° 1.1.2.4. Maximum Angular Speed

– Pitch: 90°/s 1.1.3. Camera 1.1.3.1. Operatin g Temperature Range

- 32°F

- 104°F (0°C

- 40°C) 1.1.3.2. Sensor Size

– 1/2.3” 1.1.3.3. Effective Pixels

– 14M 1.1.3.4. Resolution

– 4384x3288 1.1.3.5. HD Video Recording

– 1080p30 & 720p 1.1.3.6. Recording Field of View

- 110°/85° 1.1.4. Transmitter 1.1.4.1. Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2. Communication Distance (unobstructed)

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

-- 93dBm 1.1.4.4. Transmitter Power

– FCC Compliance: 100mW 1.1.4.5. Working Voltage

– 8 0mA@ 6 V 1.1.5. Range Extender 1.1.5.1. Operating Frequency

– 2412

- 2462MHz 1.1.5.2. Communication Distance (unobstructed)

– 500

- 700 m 1.1.5.3. Transmitter Power

– 20dBm 1.1.5.4. Power Consumption

– 2W

### 40 APPENDIX

– B 

## DJI Phantom 2 Vis ion+ Manufacturer’s User Manual

(reprint authorized by DJI Global)

### 41

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### 90 APPENDIX

– C 

## AMELIA ISLAND IMAGES PREFLIGHT AND MISSION CHECKLIST

1. Remote c ontroller, smart battery, range e xtender and smartphone are fully charg ed. 2. Propellers are undamaged and mounted correctly. 3. Aircraft inspected and no conditions affecting safe operation exist. 4. Gimbal clamp has been removed. 5. Damping absorbers are in good condition, not broken or worn. 6. Anti

- drop kits have been mounted correctly. 7. Camera lens cap has been removed. 8. Micro

- SD car d has been inserted

. 9. Gimbal is functioning as normal ly

. 10. Motors can start and are functioning as normal. 11. DJI VISION App can connect to the camera. 12. UAS on

- board compass calibration successfully completed 13. Prop gu ards installed if required for additional safety. 14. Weather satisfactory ( wind less than 12 mph , visibility greater than 3 miles , no clouds below 3000 feet AGL) 15. Distance from nonparticipating persons at least 500 feet. 16. Distance from airports exceeds FAA guid elines for each airport category. 17. Permission obtained from the land owner/controller or authorized representative. 18. Operating documents and grant of exemption or COA accessible and available. 19. Look for and take into account the presence of any wildlife, mann ed aircraft, and obstacles. 20. Controller switches are set to autonomous flight mode. 21. Camera controls are set up prior to takeoff. 22. At least six (6) satellites are locked on. 23. All flight parameters are displayed on monitor (speed, distance, altitude, and batter y levels) 24. All appropriate law enforcement agencies have been notified.

### 91 APPENDIX

– D 

## AMELIA ISLAND IMAGES MONTHLY MAINTENANCE LOG

### 92 APPENDIX

– E 

## PHOTOCOPY OF AIRCRAFT REGISTRATION APPLICATION