### US DEPARTMENT OF TRANSPORTATION DOCKET MANAGEMENT SYSTEM 1200 NEW JERSEY AVE. SE WASHINGTON DC 20590

PETITION FOR EXEMPTION

Anthony James Pierro DBA AJPierro Photography 2603 Ivy Lane Beaufort, SC 29902 (843) 263 -2044 

### ajpierro@gmail.com ajpierro@ajpierrophotography.com

With respect to those who may be concerned:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, Anthony James Pierro, a Commercial and Real Estate Photographer, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of his Small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

The requested exemption would permit Anthony James Pierro of AJPierro Photography to pursue his commercial and photographic interests in providing services to clients using a small advanced sUAV in the following areas:

- **Real Estate Photography/video**

- **Local Land Development Projects -Construction site before and after photography**  **-City and County marketing projects**

Anthony James Pierro of AJPierro Photography states that all sUAS flights will occur only over Properties/ Communities/Townships with which consent and knowledge has been granted by said Owners/HOA’s/Local Leaders and that only people who have consented to be within the UAS’ radius will be able to be present during filming and photography applications.

Anthony James Pierro of AJPierro Photography has all the necessary skills and abilities required to safely and effectively fly the DJI Phantom 2 vision+ which will be used for all commercial and private purposes.Anthony James Pierro of AJPierro Photography complies with any and all local ordinances and laws regarding the operation of sUAS as well as any and all state/local laws regarding privacy.

I, Anthony James Pierro of AJPierro Photography, am seeking the exemption because I am committed to complying lawfully with all of the rules, guidelines, limitations, and future legislation set forth by the FAA. I agree to operate the sUAS for the purposes that I have described with safety at the forefront. With the granting of these exemptions I, Anthony James Pierro of AJPierro Photography, would be able to safely and effectively run my business in a manner that would allow future growth and expansion in areas that would otherwise be unattainable, and it is my intention to comply with the FAA and obtain an exemption of the following regulations.

**The Specific Sections Of 14 C.F.R. From Which ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks**  **Exemption.**

**1. ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 61.113(a) And (b).** 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command , subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (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 any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

**2. ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks Exemption From The Requirements Of**

**Section 91.7(a).**

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

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

**3. ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks Exemption From The Requirements Of**

**Section 91.121.**

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in 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 equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

**4. ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY 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 and, assuming normal cruising speed, to fly after that for at least 20 minutes.

**5. ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks Exemption From The Requirement Of Section 91.405(a).** 

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

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

**6. ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 91.407(a)(1)** 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following:

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

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

**7. ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).** 

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this 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 certificate in accordance with part 21 of this chapter.**8. ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).** 

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

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

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.**The Extent Of Relief ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks And The Reason ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks The Relief.** 

**1. Extent Of Relief ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks And The Reason ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks Relief From Section 61.113(a) And (b).** 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, 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 not carry passengers or property for compensation or hire.

As set forth more fully below, Anthony James Pierro of AJPierro Photography submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 vision+ UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2 vision+ UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Anthony James Pierro of AJPierro Photography 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 Anthony James Pierro of AJPierro Photography ’s business; and (2) will not carry passengers or property for compensation or hire.

**2. Extent Of Relief ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks And The Reason ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY 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 Anthony James Pierro of AJPierro Photography to determine that the DJI Phantom 2 vision+ UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e. DJI Phantom 2 vision+ Instruction Manual).

Anthony James Pierro of AJPierro Photography seeks the requested relief because the DJI Phantom 2+ UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Anthony James Pierro of AJPierro Photography will ensure that the DJI Phantom 2 vision+ UAS is in airworthy condition based upon its compliance with the operating documents (i.e., DJI Phantom 2 vision+ Instruction Manual) prior to every flight, and further, determine that the aircraft is in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent Of Relief ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks And The Reason ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY 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+ UAS, which utilizes 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 UA operations be reported to air traffic control (ATC) in feet above ground level (AGL), Anthony James Pierro of AJPierro Photography seeks the requested reliefbecause the DJI Phantom 2 vision+ UAS altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 vision+ UA is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads-up display of the GCS.

**4. Extent Of Relief ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks And The Reason ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks Relief From Section 91.151(b).** 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 2 vision+ UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Anthony James Pierro of AJPierro Photography 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+ UAS will severely constrain the practicality of any aerial video or still photo flight operations that Anthony James Pierro of AJPierro Photography proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 vision+ UAS, the DJI Phantom 2 vision+ operating documents, and Anthony James Pierro of AJPierro Photography’s proposed operating limitations, ensure that Anthony James Pierro of AJPierro Photography will safely operate the battery powered DJI Phantom 2 vision+ UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

**5. Extent Of Relief ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Seeks And The Reason ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY 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, Anthony James Pierro of AJPierro Photography requests relief from these Sections because the DJI Phantom 2+ 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, Anthony James Pierro of AJPierro Photography will perform maintenance, alterations, and preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., DJI Phantom 2 vision+ Instruction Manual). Furthermore, Anthony James Pierro of AJPierro Photography will document and maintain all maintenance records for the DJI Phantom 2 vision+ UAS.

**The Reasons Why Granting ANTHONY PIERRO OF AJPIERRO PHOTOGRAPHY Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.** 

Granting the present Petition will further the public interest by allowing Anthony James Pierro of AJPierro Photography to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States.Additionally, use of the DJI Phantom 2 vision+ UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Anthony James Pierro of AJPierro Photography ’s proposed operation of the DJI Phantom 2 vision+ UAS will be realized without implicating any privacy issues.

**1. The Public Will Benefit From Decreased Congestion Of The NAS.**

The DJI Phantom 2+ UA is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft currently utilized to obtain aerial imagery. By reducing the amount of manned aircraft used to perform aerial acquisitions, an exemption allowing the use of the 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.

Furthermore, 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 does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

**2. The Public Will Benefit From The 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 pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 2 vision+ UAS produces 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+ UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA is 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 substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 vision+ UA (weighing less than 10 pounds 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.

**3. Performing Aerial Video and Photography Operations With The DJI Phantom 2+ UAS Will Benefit The Economy.** 

In addition to being safe and efficient, the DJI Phantom 2 vision+ UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 vision+ UAS will allow United States based companies, like Anthony James Pierro of AJPierro Photography, 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 competitive. Operating the battery powered DJI Phantom 2 vision+ UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.**4. There Are No Privacy Issues.**

Anthony James Pierro of AJPierro Photography’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 operating documents (i.e., DJI Phantom 2 vision+ Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

**The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which ANTHONY**  **PIERRO OF AJPIERRO PHOTOGRAPHY Seeks Exemption.**

**1. Reasons Why The DJI Phantom 2 vision+ UA Meets 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, Anthony James Pierro of AJPierro Photography’s operation of the DJI Phantom 2 vision+ UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to 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 capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Anthony James Pierro of AJPierro Photography, 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) the pilot certification requirement; and (c) the specific operating limitations.**a. The Specifications Of The DJI Phantom 2 vision+ UAS Demonstrates 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, speed, and operational capability.

**i. Technical Specifications Of The DJI Phantom 2 vision+ UAS.**

The technical specifications of the DJI Phantom 2 vision+ UAS is set forth by the DJI Phantom 2 vision+ User Manual attached.

**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. A complete description of the flight and navigational modes of the DJI Phantom 2 vision+ UAS is provided in the DJI Phantom 2 vision+ User Manual attached.

**iii. The DJI Phantom 2 vision+ UAS is Designed to Automatically 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+ UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 vision+ UAS do 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 is provided in the DJI Phantom 2 vision+ UAS User Manual attached.

**iv. The 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 in the DJI Phantom 2 vision+ UAS User Manual attached.

**b. Flight Operations Of DJI Phantom 2 vision+ UAS Are Limited To The Line Of Sight Of the Pilot in Command With A Safety Observer.** 

Anthony James Pierro of AJPierro Photography under this exemption will be the only operator to act as a pilot in command (PIC) of the DJI Phantom 2 vision+ UAS. Additionally, a safety observer will assist him during flight time.**I, ANTHONY JAMES PIERRO OF AJPIERRO PHOTOGRAPHY (THE OPERATOR), ASSUME THE FOLLOWING RESPONSIBILITIES**  **:**

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 vision+ 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 UA may not be flown at an indicated airspeed exceeding 35 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL).

5. The UA 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, as specified on the PIC’s FAA-issued airman medical certificate.

6. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times.

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

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions 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 inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The 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. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

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

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

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

17. The operator may not permit any PIC to operate unless 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 will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R.

§ 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

18. 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 will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

19. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAApublished 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 available to the Administrator upon request.

20. 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.

21. If the UA loses communications or loses its GPS signal, it must return to a pre- determined location within the planned operating area and land or be recovered in accordance with the operating documents.

22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

23. 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 the intended landing point and land the UA with 25% battery power remaining.24. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

25. 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.

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

27. The UAS may not be operated by the PIC from any moving device or vehicle.

28. 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, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety 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, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

29. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

30. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. **Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.** 

Anthony James Pierro of AJPierro Photography submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 vision+ UAS unless that PIC 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 maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Anthony James Pierro of AJPierro Photography’s proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements; and the airmanship skills necessary to safely operate the DJI Phantom 2 vision+ UAS, Anthony James Pierro of AJPierro Photography submits that the additional manned airmanship experience ofa commercially certificated pilot would not correlate to the airmanship skills necessary for Anthony James Pierro of AJPierro Photography ’s specific proposed flight operations.

Anthony James Pierro of AJPierro Photography will not allow any PIC to operate the DJI Phantom 2 vision+ UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 2+ UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 vision+ UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations 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)

Accordingly, Anthony James Pierro of AJPierro Photography will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 vision+ UAS unless that PIC 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 maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

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

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Anthony James Pierro of AJPierro Photography 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 herein.

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.)

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

The equivalent level of safety established by Section 91.121 will be maintained 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 altitude. This altitude information, combined with Anthony James Pierro of AJPierro Photography ’s operation of the DJI Phantom 2 vision+ UA within visual line of sight, at or below 400 feet AGL, will ensure 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, 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 vision+ UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Anthony James Pierro of AJPierro Photography will ensure that it will safely operate the battery powered DJI Phantom 2 vision+ UA during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

**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, Anthony James Pierro of AJPierro Photography submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a) (1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Anthony James Pierro of AJPierro Photography will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e. DJI Phantom 2 vision+ Instruction Manual). Furthermore, Anthony James Pierro of AJPierro Photography 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, Anthony James Pierro of AJPierro Photography will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 1.409(a)(2). A copy of the DJI Phantom 2 vision+ UAS User Manual is attached.

Likewise, the exemption sought will not adversely affect safety because Anthony James Pierro of AJPierro Photography will perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

### Conclusion

As set forth herein, Anthony James Pierro of AJPierro Photography 

### 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 Anthony James Pierro of AJPierro Photography 

### to safely, efficiently, and economically operate 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, Anthony James Pierro of AJPierro Photography 

### 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 Anthony James Pierro of AJPierro Photography 

### to operate the DJI Phantom 2 vision+ UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: July 14th, 2015

Submitted with respect,

Anthony James Pierro DBA AJPierro Photography 2603 Ivy Lane Beaufort, SC 29902 (843) 263 -2044 

### ajpierro@gmail.com ajpierro@ajpierrophotography.com