UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**BIRD ’**  **S EYE PHOTOGRAPHY, LLC FOR AN EXEMPTION SEEKING RELIEF**  **FROM THE REQUIREMENTS OF**

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF**  **DJI PHANTOM 2 and**  **DJI INSPIRE 1**  **UNMANNED AIRCRAFT SYSTEMS**  **PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND** 

**REFORM ACT OF 2012 (PUBLIC LAW 112**  **- 95)** 

Submitted on June 29 , 2015 Bird’s E ye Photograph y, LLC 1815 Old 41 Highway Suite 380 Kennesaw, Georgia 30152 Tel: (678) 766

- 2206 Fax: (678) 766

- 22052 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUMMARY....................................................................................... ....................................4 IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4 BACKGROUND.............................................................................................................. ......4 BASI S FOR PETITION.........................................................................................................5 NAME AND ADDRESS OF PETITIONER.............................................................7 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH BIRD’S EYE PHOTOGRAPHY, LL C SEEKS EXEMPTION.................................................................
....... ..................................... 8 THE EXTENT OF RELIEF BIRD’S EYE PHOTOGRAPHY, LL C SEEKS AND THE REASON BIRD’S EYE PHOTOGRAPHY , LLC SEEKS THE RELIEF...
...................................... ..................... ....................................... 11 THE REASONS WHY GRANTING BIRD’S EYE PHOTOGRAPHY , LLC ’S REQUEST WOULD BE IN THE PUBLIC IN TEREST......
....................................... ...................................................15 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY..........................................................................19 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER ......34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT BIRD’S EYE PHOTOGRAPHY , LL C ’S REQUEST.........
...................................................................................................... 34 CONCLUSION................. ...................................................................................................35 EXHIBITS..... ........................................................................................373 **GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** Bird’s E ye Photograph y, LLC seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Bird’s E ye Photograph y, LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography within the National Airspace S ys tem (NAS).

**INTRODUCTION AND INTERESTS OF THE PETITIONER**  Bird’s E ye Photograph y, LLC provides its clients with the highest quality digital content for use in their commercial and personal multimedia projects. Bird’s Eye Photograph y, LLC has over 2 years of recreational/hobby exp erience in all aspects of aerial video and photograph y. (Should you add info about the UAS course at Auburn?) The objective of Bird’s E ye P hotograph y, LLC ’s aerial video and photography operation s is to provide high quality

imaging for a variety

of comme rcial, public, and residential uses, specificall y targeting:

 Aerial Photograph y and Cinema

- photograph y

 Real estate and private property aerial photography

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

 In crease public knowledge of UAS and promote safe UAS operations. **BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 2 and DJIInspire 1 UASs5 Bird’s E ye Photograph y, LLC seeks an exemption to operate DJ I systems for compensation or hire within the NAS. The DJ I Phantom 2 and DJ I Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJ I Phantom 2 has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJIPhantom 2 is equipped with four main rotors , each being driven by L ithium Poly

mer battery

powered electric motor. The DJ I Inspire 1 h as a maximum gross weight of approximately 6 pounds 8 ounces, while having a length of 17 inches width of 18 inches, height of 12 inches, and a maximum speed of approximately 43 knots. The DJIInspire 1 is equipped with four main rotors, each being driven by L ithium Poly

mer battery

powered electric motors. The DJ I Phantom 2 and DJIInspire 1 UAs that will be operated by Bird’s Eye Photograph y, LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking
. **BASIS FOR PETITION** Petitioner, Bird’s E ye Photograph y, LL C , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commercial ly operate the DJ I Phantom 2 and DJIInspire 1 UAS s in the National Airspace S ys tem (NAS), and for an exemption from the6

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, Bird’s Eye Photography , LL C ’s operation of the DJ I Phantom 2 and DJIInspire 1 UAS s meets the conditions of FMRA Sectio n 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, Bird’s E ye Photograph y, LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Bird’s E ye Photograph y, LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. Bird’s Eye Photography , LL C will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the DJ I Phantom 2 and DJIInspire 1 UAS s using the methods, techniques, and practices prescribed in the operating documents ( i.e., Monthly Maintenance Log, and DJIPhantom 2 and DJ I Inspire 1 Instruction Manual s ). Furthermore, Bird’s Eye Photograph y, LLC will document and maintain all maintenance records for the DJ I Phantom 2 and DJIInspire UAS s . Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Bird’s Eye Photograph y, LLC to the extent necessary to allow a Pilot in Command (PI C) holding a private pilo t or higher level certificate, as well as an airman medical certificate, and who has7

demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJI Phantom 2 and DJ I Inspire 1 UAS s in a manner consis tent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Bird’s E ye Photograph y, LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 2 and DJ I Inspire 1 UAS s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Bird’s E ye Photograph y, LLC submits that it will ensure that the DJ I Phantom 2 and DJ I Inspire 1 UAS s are in an airworthy condition, prior to every

flight, by determining that the DJI Phantom 2 and DJ I Inspire 1 UAS s are in compliance with the operating documents (i.e., Monthly

Maintenance Log, and DJ I Phantom 2 and DJ I Inspire 1 Instruction Manual s ), and that the aircraft are in a condition for safe flight. Bird’s E ye Photograph y, LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 and DJ I Inspire 1 UA S s will not have a ty

pical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 and DJ I Inspire 1 UA S s will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which d ownlinks from the UA s to the GCS for active monitoring of the flight path. This altitude information, combined with Bird’s E ye Photography, LLC ’s operation of the DJ I Phantom 2 and DJ I Inspire 1 UAS s within visual line of sight, at or below 4 00 feet AGL, w ill ensure a level of safety equivalent to Section 91.121. Additionally , Bird’s Eye Photograph y, LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions
.8

Bird’s E ye Photograph y, LLC submit s that safety will not be affected b y operation of the DJI Phantom 2 and DJ I Inspire 1 UA S s during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximat ely 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Bird’s E ye Photograph y, LLC provides the following information in support of its petition for exemption: **A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is: Bird’s E ye Photograph y, LLC 1815 Old 41 Highway Suite 380 Kennesaw, Georgia 30152 Attn: C. Phillip Settlemyer, II Tel: ( 770 ) 789
- 3454 Fax: (678) 766

- 2205 Email: psettlemyer@bellsouth.net **B. The Specific Sections Of 14 C.F.R. From Which Bird’s Eye Photography, LLC**  **Seeks Exemption. 1.**  **Bird’s Eye Photography, LLC Seeks Exemption From The Requirements**  **Of Section 61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or property for compensation or hire; nor may

that person, for compensation or hire, act as 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 emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and9 (2) The aircraft does not carry passengers or property

fo r compensation or hire.
**2. Bird’s Eye Photography, LLC**  **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. Bird’s Eye Photography, LLC**  **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, b y 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. Bird’s Eye Photography, LLC**  **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.10 **5. Bird’s Eye Photography, LLC**  **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. Bird’s Eye Photography, LL**  **C 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 b y a person authorized under § 43.7 of this chapter [ .] **7. Bird’s Eye Photogr**  **aphy, LLC 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 aircr aft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **8. Bird’s Eye Photography, LLC**  **Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).** 11 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, roto r, 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, inclu ding 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 b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances.12 (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retain ed and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief Bird’s Eye Photography, LLC**  **Seeks And The Reason Bird’s**  **Eye Photography, LLC Seeks The Relief.**  **1. Extent Of Relief Bird’s Eye Photography, LLC**  **Seeks And The Reason Bird’s Eye Photography, LLC**  **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 PI C holding a private pilot or higher level certificate , as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and , (2) The aircraft does no t carry passengers or property for compensation or hire. As set forth more full y below, Bird’s Eye Photography , LLC submits that an equivalent level of safety will be maintained because no PI C will be allowed to operate the DJI Phantom 2 or DJ I In spire 1 UAS s unless that PI C has met certain flight

- hour and13

currency requirements, demonstrating that the PIC is able to safel y operate the DJ I Phantom 2 or DJIInspire 1 UAS s in a manner consistent with the operation specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Bird’s Eye Photograph y , LLC submits that all flights of the DJ I Phantom 2 and DJ I Inspire 1 UAS s , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Bird’s Eye Photography , LLC ’s business; and (2) will not carry passengers or property

for compensation or hire. **2. Extent Of Relief Bird’s Eye Photography, LLC**  **Seeks And The Reason Bird’s Eye Photography, LLC**  **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 Bird’s E ye Photograph y, LLC to determine that the DJ I Phantom 2 and DJ I Inspire 1 UAS s are in airworthy condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJ I Inspire 1 Instruction Manual s ). Bird’s E ye Photograph y, LLC seeks the requested relief because the DJ I Phantom 2 and DJ I Inspire 1 UAS s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Bird’s Eye Photograph y, LLC will ensure that the DJI Phantom 2 and DJ I Inspire 1 UAS s are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 and DJIInspire 1 Instruction Manual s ) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief Bird’s Eye Photography, LLC**  **Seeks And The Reason Bird’s Eye Photography, LLC**  **Seeks Relief From Section 91.121.**14 Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJI Phantom 2 and DJ I Inspire 1 UAS s , because the DJIPhantom 2 and DJ I Inspire 1 UAs’ altitude reporting equipment may be set on the ground to zero feet AGL, rather than local barometric pressure or field altitud e, before each flight. The DJ I Phantom 2 and DJIInspire 1 UASs utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UAs to the PI C at the ground control station (GCS ). Considering the limited altitude of the proposed operations, relief from 14 C.F.R. 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, a level of safety equival ent to Section 91.121 will be ensured as the altitude of the DJ I Phantom 2 and DJ I In spire 1 UAs will be reported to air traffic control (ATC) in feet above ground level (AGL), and Bird’s Eye Photography , LL C will the operate the DJ I Phantom 2 and DJ I Insp ire 1 UAs within visual line of sight, at or below 400 feet AGL. **4. Extent Of Relief Bird’s Eye Photography, LLC**  **Seeks And The Reason Bird’s Eye Photography, LLC**  **Seeks Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requirement s for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJ I Phantom 2 and DJIInspire 1 UA s 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. Bird’s Eye Photography , LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 2 and DJ I Inspire 1 UA s will severel y constrain the practicality of15

any aerial video or still photo flight operatio ns that Bird’s E ye Photograph y, LLC proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 2 and DJ I Inspire 1 UAS s , the DJI Phantom 2 and DJIInspire 1 UAS s operating documents,
and Bird’s Eye Photography , LLC ’s proposed operating limitations, ensure that Bird’s E ye Photograph y, LLC will safel y operate the battery powered DJ I Phantom 2 and DJ I Inspire 1 UA s 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 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 Bird’s Eye Photography,**  **LLC Seeks And The Reason**  **Bird’s Eye Photography, LLC 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 appl y to aircraft with an airworthiness certificate, Bird’s E ye Photography, LLC requests relief from these Sections because the DJ I Phantom 2 and DJIInspire 1 UAS s do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 and DJ I Inspire 1 UAS s meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Bird’s Eye Photograph y, LLC will us e trained technicians to perform maintenance, alterations, or preventive maintenance on the DJ I Phantom 2 and DJIInspire 1 UAS s using the methods, techniques, and practices prescribed in the DJI Phantom 2 and DJIInspire 1 UAS operating documents (i.e., M onthly Maintenance Lo g, and DJI Phantom 2 and DJ I Inspire 1 Instruction Manuals ). Furthermore, Bird’s E ye Photograph y, LLC will document and maintain all maintenance records for the DJ I Phantom 2 and DJ I Inspire 1 UAS s .16

**D. The Reasons Why Granting Bird’s**  **Eye Photography, LLC ’s**  **Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.**  Granting the present Petition will further the public interest b y allowing Bird’s Eye Photograph y, LLC to safely , efficiently , and economically perform aerial video and photograph y within the NAS. Additionally , use of the DJI Phantom 2 and DJ I Inspire 1 UAS s will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notably , the benefits of Bird’s E ye Photograph y, LLC ’s proposed operation of the DJ I Phantom 2 and DJIInspire 1 UAS s will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I P hantom 2 and DJIInspire 1 UA S are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By

reducing the amount of manned aircraft needed to perform aerial acquisi tions, an exemption allowing the use of a DJI Phantom 2 and DJ I Inspire 1 UAS s 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. Further more, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJI Phantom 2 and DJ I Inspire 1 UA s do not require an airport to takeoff or land. Likewise, a re duction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.17 **2. The Public Will Benefit From The Safety And Efficiency Of The**  **DJI Phantom 2 and DJI Inspire 1**  **UAS s**  **.** Conducting aerial acquisitions with the DJI Phantom 2 and DJ I Inspire 1 UAS s , instead of manned aircraft, will greatl y benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery

power and electric motors, the DJ I Phantom 2 and DJ I Inspire 1 UAS s produce no air pollution, and are the most viable env ironmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typicall y utilized for aerial video and photography, while burning approximately 20
- 30 gallons per hour of leaded aviation fuel. The DJI Phanto m 2 and DJ I Inspire 1 UA s , while reducing the carbon footprint of aerial acquisitions, also eliminate noise pollution, as the UA s are propelled b y battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 2 and D JIInspire 1 UASs 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 completel y eliminated . Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 2 and DJ I Inspire 1 UA s have less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typi cally 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).18 **3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 and DJI Inspire 1**  **UA S**  **s Will Benefit The Economy.**  In addition to being safe and efficient, the DJ I Phantom 2 and DJIInspire 1 UAS s
are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 2 and DJ I Inspire 1 UAS s will allow United States based companies, like Bird’s Eye Photography , LL C ’s , to remain competitiv e and contribute to growth of the U.S. economy . Specificall y, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and
alternative technology

in order to remain competitive. Operating the battery powered DJ I Phantom 2 and DJIInspire 1 UAS s is one such technology that not onl y al lows companies greater operational flexibility compared to manned aircraft, but provides such fl exibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 2 and DJIInspire 1 UAS s , companies such as Bird’s Eye Photography , LL C ’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 performance of U.S. companies, through commercial use of the DJI Phantom 2 and DJ I Inspire 1 UAS s , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and , allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Bird’s E ye Photograph y, LLC ’s proposed operation of the DJ I Phantom 2 and19

DJIInspire 1 UAS s will n ot implicate any privacy issues. Specificall y, the DJI Phantom 2 and DJ I Inspire 1 UAS s will be operated onl y in compliance with operating documents (i.e., Monthly

Maintenance Log, and DJ I Phantom 2 and DJ I Inspire 1 Instruction Manuals ) which requires pro perty owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That**  **Provided By The Rule From Which Bird’s Eye Photography, LLC**  **Seeks Exemption.**  **1. Reasons Why The DJI**  **P hantom 2 and DJI Inspire 1**  **UA S**  **s Meet The**  **Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Bird’ s Eye Photography ’s operation of the DJI Phantom 2 and DJ I Inspire 1 UAS s meet s 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. Specificall y, FMRA Section 333 states the fol lowing, 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 s ystem before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.20 (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 Sa

fe 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 nati onal airspace system. In seeking this exemption, Bird’s E ye Photography , LLC submits that the DJI Phantom 2 and DJIInspire 1 UAS s can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 2 and DJ I Inspire 1 UAS s ; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI**  **Phantom 2 and DJI Inspire 1 UAS**  **s Demonstrate**  **Their Safe Characteristics.**  The DJ I Phantom 2 and DJIInspire 1 UAS s do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering their size, weight, speed, and operational capabilities
.

**i. Technical Specifications Of The DJI**  **Phantom 2 and DJI Inspire 1 UAS**  **s .**  The technical specifications of the DJ I Phantom 2 UAS are set forth at page _35 of the DJ I Phantom 2 User Manual, attached hereto as Exhibit “A”. Exhibit “A” contains21

proprietary

information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b) 1 The technical specifications of the DJ I Inspire 1 UAS are set forth at page _57 of the DJ I Inspire 1 User Manual, attached hereto as Exhibit “B”. Exhibit “B” contains proprietary

information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b) 1 **ii. The DJI**  **Phantom 2 and DJI Inspire 1 UAS Autonomous Flight And** 

**Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.**  The DJ I Phantom 2 and DJIInspire 1 UAS s may be operated in both manual and fully autonomous flight modes. The DJ I Phantom 2 and DJ I Inspire 1 UASs autonomous features include the following: a GPS Position and Altitude Hold when the GCS controls are released to their neutral positions; a Return To Home (RTH) function; and, Flight Limits (i.e., pre

- set limitations that restrict the distance and height o f the UAS flight operations). A complete description of the flight and navigational modes of the DJ I Phantom 2 UAS is provided at pages 28 through 30 of the DJ I Phantom 2 User Manual, attached hereto as Exhibit “A ” Exhibit . Exhibit “A ” contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b)
. A complete description of the flight and navigational modes of the DJ I In spire 1 UAS is provided at pages 45 through 48 of the DJ I Inspire 1 User Manual, attached hereto as Exhibit “ B ” Exhibit. Exhibit “ B ” contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).
1 Exhibits to the Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b), are not to be included in the Federal Docket Management Sy stem (FDMS).22 **iii. The DJI**  **Phantom 2 and DJI Inspire 1 UAS**  **s are**  **Designed For Automatic Return To Home Point Or Hover In The Event Of Loss**  **Of The Control Link Or Navigation.** When the Control L ink is lost, the DJI Phantom 2 UA S will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2 UA S do es not reacquire control link data from the GCS, the DJ I Phantom 2 UA S will assume that the Control L ink is lost and the DJ I Phantom 2 UA S will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Phantom 2 UAS is set forth at pages 25 through 26 of the DJ I Phantom 2 User Manual, attached hereto as Exhibit “A ” . Exhibit “A ” contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b) When the Control L ink is lost, the DJIInspire 1 UAS will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Inspire 1 UAS does not reacquire control link data from the GCS, the DJIInspire 1 UAS will assume that the Control L ink is lost and the DJ I Inspire 1 UAS will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe F unctions of the DJ I Inspire 1 UAS is set forth at pages 13 through 16 of the DJ I Phantom 2 User Manual, attached hereto as Exhibit “B”. Exhibit “B ” contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b)

**iv. The DJI**  **Phantom 2 and DJI Inspire 1 UAS s**  **’ GCS And Its**  **Operation.** A complete description of the operation and specifications of the DJ I Phantom 2 UAS’s GCS and flight control software is att ached hereto as Exhibits “C ”
. The DJ I23

Phantom 2 is compliant with all Federal Communications Commission (FCC) requirements, and the radio frequency spectrum used for operation and control of the UA is set forth in the User Manuel. A complete description of the operation and specifications of the DJ I Inspire 1 UAS’ s GCS and flight control software is attached hereto as Exhibits “D ”. The DJ I Inspire 1 is compliant with all Federal Communications Commission (FCC) requirements, and the radio frequency

spectrum used for operation and control of the UA is set forth in th e User Manuel. **b. Flight Operations Of DJI**  **Phantom 2 and DJI Inspire 1 UAS**  **s are**  **Limited**

**To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  Bird’s E ye Photograph y, LLC will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the D JI Phantom 2 and DJIInspire 1 UAS s . Additionally , a safety observer will assist all pilots during flight time.

**c. Flights Of**  **The DJI**  **Phantom 2 and DJI Inspire 1 UAS**  **s Will Be**  **Conducted Pursuant To Specific Operating Limitations.** In seeking this exemption, Bird’s E ye Photography , LLC proposes to commerciall y operate the DJ I Phantom 2 and DJ I Inspire 1 UAS s for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 and DJIInspire 1 UAS s . Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UA S operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.24 3. The UA may

not be flown at an indicated airspeed exceeding 3 0 knots. 4. The UA must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UA must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PI C’s FAA
- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS c apability
. The SO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstac les/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 up on 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 PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a25 condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. 11. Any UAS that has undergone maintenance or al terations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. 12. The pre - flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/co mponent, 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 op erated 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 PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certifi cate. 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are 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 op erations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.26 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 will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorize d. 20. The UA may

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

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accord ance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may

not be operated less than 5 00 feet below or less than 2,000 feet horizontall y from a cloud or when visibility is less than 3 statute miles from the PI C. 22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and forecast we ather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authori zation (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 potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectr um used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.27 28. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PI C 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 yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. The UA may

not be operated over congested or densel y populated areas. 3 2 . Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that suffi ciently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately

and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a 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 PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 3 3 . All operations shall be conducted over private or contro lled

- 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. 3 4 . Any incident, accident, or flight o peration 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
.28 **2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.**  Bird’s E ye Photograph y, LLC 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 or DJ I Inspire 1 UAS unless that PI C has demonstrated, b y meeting minimum f light

- hour and currency

requirements, that the PI C is able to safel y operate the DJI Phantom 2 or DJ I In spire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vess els, vehicles and structures. Considering Bird’s E ye Photograph y, LLC ’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 requi rements ( See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJ I Phantom 2 and DJ I Inspire 1 UAS s , Bird’s Eye Photography , LL C submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Bird’s E ye Photography, LLC ’s specific proposed flight operations. The DJ I Phantom 2 and DJIInspire 1 UASs have been the subject of multiple Grants of Exemption from Section 61.113 (a) and (b). The FAA has previously granted relief from Section 61.113 (a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented her ein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161 , 11170, 11171, 11172 ).29 Bird’s E ye Photograph y, LLC will not allow any PIC to operate the DJ I Phant om 2 or DJ I Inspire 1 UAS s unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 2 or DJIInspire 1 UAS s’ training and currency requirements, that the PIC is able to safel y operate the DJ I Phantom 2 or DJIInspire 1 UAS s in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensu re an equivalent level of safety during Bird’s E ye Photograph y, LLC ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for 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 rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

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

- rot or time and the 10 hours may be included in30 the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary

to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtain ed in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Bird’s E ye Photograph y, LLC will ensure safe operations by not allowing any P I C to operate the DJ I Phantom 2 or DJIInspire 1 UAS s unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJI Phantom 2 and DJ I Inspire 1 UAS s 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 b y Section 91.7(a) will be maintained because prior to every

flight, Bird’s E ye Photography, LLC will ensure that the DJI Phantom 2 and DJIInspire 1 UAS s are in an airworthy condition based upon the UASs ’ compliance with their 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, 11112,31

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161 , 11166, 11167, 11170, 11171, and 11172 ). **4. Reasons Why An Exemption From The Requirements Of Section 91.121**  **Would Not Adversely Affect Safety.** The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 2 and DJ I Inspire 1 UA s will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA s to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Bird’s E ye Photograph y, L LC ’ s operation of the DJ I Phantom 2 and DJIInspire 1 UA s within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by

the UAS at ground level. The DJ I Phantom 2 and DJIInspire 1 are the subject of multiple Grants of Exemption from Section 91.121. The FAA has previously grant ed 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 , 11166, 11167, 11170, and 11171 ). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJ I Phantom 2 and DJIInspire 1 UAS s ; (2) the limitations on the proposed flight operatio ns;32

and (3) the location of the proposed flight operations. Accordingl y, Bird’s Eye Photograph y, LLC will ensure that it will safel y operate the battery powered DJI Phantom 2 and DJ I Inspire 1 UA s during daylight hours in VFR conditions, with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 2 and DJ I Inspire 1 UAS s ; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJ I Phantom 2 and DJIInspire 1 UAS s provide audible and visual warnings to the PI C at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately 10% remaining battery power. At the critically low battery

level, the DJ I Phantom 2 and DJIInspire 1 UAS s will descend and land automatically
. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has 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, 11 110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161 , 11166, 11167, 11170, 11171, 11172 ).33 **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 Adve rsely Affect Safety.**  In seeking this exemption, Bird’s E ye Photography , LLC 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 all maintenance, alterations, or preventive maintenance of the DJ I Phantom 2 and DJ I Inspire 1 UASs performed by Bird’s Eye Photograph y, LLC will be in accordance with the methods, techniques, and practices prescribed in the operating documents (i.e., the DJI Phantom 2 and DJ I Inspire 1 User Manuals, the DJ I Phantom 2 and DJ I Inspire 1 Quick Start Guides, the DJ I Phantom 2 and DJIInspire 1 Vision Checklists, the Smart Flight Battery Safety Guidelines and Pi lot Training Guides ). Furthermore, Bird’s Eye Photography , LLC will document and maintain all maintenance records for the DJ I Phantom 2 and DJIInspire 1 UAS s . Since the DJ I Phantom 2 and DJ I Inspire 1 UAS s will be inspected as prescribed by the operating documents, Bird’s E ye Photograph y, L LC will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Likewise, the exemption sought will not adversel y affect safety because Bird’s Eye Photograph y, LLC wi ll use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 and DJ I Inspire 1 UAS s will be performed b y trained technicians.34

Maintenance will be documented and maintained utilizing the monthly maintenance l og (Exhibit “E”)
. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Bird’s Eye Photography , LL C ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 2 and DJIInspire 1 UAS s , Bird’s E ye Photograph y, LLC submits that safety will not be adversely affected b y granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161 , 11166, 11167, 11170, 11171, 11172 ). **7. The FAA May Presc ribe Any Other Conditions For Safe Operation.**  In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , Bird’s Eye Photograph y, LL C requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 2 and DJIInspire 1 UAS s , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established b y 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). Such35

special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 3 33 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 certific ation 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 DJ I Phantom 2 and DJIInspire 1 UAS s , 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 th e 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 propel ler, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds nec essary

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 Bird’s E ye P hotograph y, LLC ’s intended operation of the DJ I Phantom 2 and DJIInspire 1 UAS s , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established b y 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sec tions 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).36

**F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules**  **From Which Bird’s Eye Photography, LLC**  **Seeks Exemption:** B ird’s Eye Photography, LLC 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 Bird’s Eye**  **Photography, LLC Seeks:**  This exemption will permit Bird’s Eye Photography, LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography within the National Airspace System (NAS).

. **G. A**  **ny Additional Information, Views, Or Arguments Available To Support Bird’s**  **Eye Photography, LLC ’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 t o determine if certain UAS may operate safely

in the NAS. As such, Bird’s Eye Photography , LLC ’s request for exemption may

be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworth iness certification. As discussed in detail above, Bird’s Eye Photography , LLC will operate the DJ I Phantom 2 and DJIInspire 1 UAS s safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national se curity. **CONCLUSION** As set forth herein, Bird’s Eye Photography , LL C seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 201237

(FMRA), which will permit safe operation of the DJI Phantom 2 and DJ I Inspire 1 UAS s commerciall y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography within the National Airspace S ys tem (NAS) . By granting this Petition, the FAA Administrator will be fulf illing the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Bird’s E ye P hotograph y, LLC to safely , efficientl y, and economically operate the DJ I Phantom 2 and DJIInspire 1 UAS s commerciall y within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Bird’s E ye Photography , LLC respectfull y requests that the Administrator grant this Petition f or 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 Bird’s Eye Photograph y, LLC to operate the DJ I Phantom 2 and the DJ I Inspire 1, and the DJ I Phantom 3 Professional commercially for the purpose of conducting aerial video and photograph y within the NAS
. Date d: May

1 , 2015 Respectfully submitted, Bird’s E ye Photograph y, LLC

___________________

______ C. Phillip Settlemyer, II 1815 Old 41 Highway Suite 380 Kennesaw, Georgia 30152 Tel: ( 770 ) 789
- 345438

Exhibits : A : DJI Phantom 2 User Manual
. B: DJ I Inspire 1 User Manual
. C: DJIPhantom 2 Specifications Data Sheet. D: DJIInspire 1 Specifications Data Sheet
. E: Monthly

Maintenance L og39 **EXHIBIT “A”** https://www.dji.com/product/phantom

- 2/download40 **EXHIBIT “B”** http://www.dji.com/product/inspire

- 1/download41 **EXHIBIT “C”** http://www.dji.com/product/phantom

- 2/spec

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. 8 m ; H or i zon ta l : 2

. 5 m Ma x Yaw An gu lar V elocity Ma x Yaw An gu lar V elo ci ty 200°/ s
Ma x T ilt An gle i An 35°
Ma x Ascen t / Descen t Sp eed Ma x Ascen t / Des cen t Sp eed A s c en t: 6 m / s ; Des cen t: 2 m / s
Ma x F light S p e d Ma x F light S ped 1 5 m / s ( N ot R ecom m en d ed ) Diagon al Len gt h D nal Lengt 350m m
Fl ight Ti m e ig t Ti 25m ins
Ta ke-O f fWei ght Ta ke-O f fWei ght ≤ 1300g Op er at ing T em p e r a ture Op er at ing T em p e r a ture -10°C ~ 50°C
Su pported Bat t e r y pporte d Bat t e r y DJ I Sm a r t B a tte r y

Ty pe 3 S Li Po
Ca pacit y pacity 5200m Ah , 11.1V
Ch ar ging En r onme nt Ra n g e Ch ar gE nvir onme nt Ra ne 0 °C to 4 0 °C
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. 5 m H or i zon ta l : 2

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Ma x Ascen t Sp eed 5 m/s
Ma x Descen t Sp eed 4 m/s
Ma x S p e d ped 2 2 m / s ( A T T I m od e, n o w i n d )
Ma x F light Al titude 4500 m
Ma x Wind S peed Resi st ance Ma x Wind S peed Resi st ance 10 m /s
Ma x F light Ti m e Ap p r ox i m a tel y 1 8 m i n u te s
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