November 1 6 , 2015

U.S. Department of Transportation Docket Operations, M

- 30 1200 New Jersey

Avenue, SE Room W12

- 140, West Building Ground Floor Washington, DC 20590

- 0001 Re: **Petition of Brinker Group MBE**  **for an Exemption Pursuant to Section 333 of the FAA**  **Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System** Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Brinker Group hereb y applies for an exempt ion from the Federal Aviation Regulations identified below to allow for the commercial operation of the DJI PHANTOM 3 (“the PHANTOM ”) which is manufactured b y DJ I Innovations

. **I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED**  Brinker Group requests exemption from the following regulations:

 14 C.F.R Part 21, Subpart H;
 14 C.F.R Part 27;
 14 C.F.R § 45.23(b);
 14 C.F.R. § 45.27(a);
 14 C.F.R § 61.113;
 14 C.F.R § 91.7(a);
 14 C.F.R § 91.9(b)(2);
 14 C.F.R § 91.9(c);
 14 C.F.R § 91.103;
 14 C.F.R § 91.109(a);
 14 C.F.R § 91.119;
 14 C.F.R § 91.121;
 14 C.F.R § 91.151(a);
 14 C.F.R § 91.203 (a) & (b);
 14 C.F.R § 91.405(a);
 14 C.F.R § 91.407(a)(l);
 14 C.F.R § 91.409(a)(2);
 14 C.F.R § 91.417 (a) & (b).**II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS** 

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft sy stems into the national airspace sy stem.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit operation of an unmanned aircraft s ys tem where it does not create a hazard to users of the national airspace system (NAS) or the public or pose a threat to national securit y based on the following considerations:

 The size , weight, speed and operational capability ;  Operation in proximity to airports and populated areas; and
 Operation within visual line of sight of the operator. Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant ex emptions from the agency’s safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§ 106(f), 44701

- 44716, et seq. A part y requesting an exemption must explain the reasons wh y the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safet y or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81.
**III. DESCRIPTION OF**  **BRINKER GROUP AND ITS SERVICES**  The Brinker Group was b orn from the vision of two skilled tradesmen, Larry S. Brinker, Sr. and Donald Miller who sought to build a firm that set a higher level of industry standards for quality construction. This vision, partnered with encouragement from industry peer s and countless hours of hard work, transformed into Brinker Team Construction in 1989. What began as a small carpentry compan y would soon evolve into one of Michigan’s top minority firms, recognized for quality workmanship and commitment. Over the next twenty

years, the desire to be the best continued to grow and led to the successful development of four additional contracting firms specializing in: Construction Management, General Contracting and Design/Build

– L. S. Brinker Company (1993); Glass and Alum inum Sy stems

– Universal Glass & Metals (1994); Flooring Installation

– City Carpet & Flooring (1999), Electrical Services

– Edgewood Electric (2008). Together with Brinker Team Construction, these organizations form the Brinker Group. The Brinker Group c ompanies are certified Minority firms which have each completed many high

- profile projects across Michigan and Pennsylvania including Ford Field, Comerica Park, General Motors Global Headquarters, Double Tree Fort Shelby Hotel, University

of Michigan and C onsol Energy

Center. Expansion across the Midwest became part of the corporate growth strategy and 2009 witnessed the grand opening of Brinker Group Pittsburgh, servicing clients across the states of Pennsylvania and Ohio.The contact information for the petitioner, Brinker Group MBE is as follows:

Joseph Camilleri Brinker Group MBE Information Technologies Manager 3633 Michigan Ave Detroit MI 48216 www.brinkergroup.com **IV. DESCRIPTION OF PROPOSED OPERATIONS**  Brinker Group is requesting exemptions from applicable Federal Aviation Regulations (FARs) pursuant to Section 333 of the Reform Act to perform aerial photograph y and videograph y . Brinker Group seeks to use the UAS to perform the following services: Utili ty , roadway , site, and structural construction inspection including visual progress documentatio n; development and topographic survey s for civil engineering d esign and construction projects; architectural build ing evaluations and inspections; and m onitoring construction project sites ; surface mapping and building anal ys is and modifications

. **A. The**  **Aircraft** Brinker Group will operate the DJ I PHANTOM 3 (the “PHANTOM”) manufactured b y DJ I Innovations. The PHANTOM is a battery operated quadcopter with a maximum flight time of 25 minutes. The vehicle weighs approximately 2.82 pounds with a maximum takeoff weight of approximate ly 3 pounds. It has fixed landing gear, vibration dampers, small frame air incline and minimalized gimbal mount, which allows for a 94 degree of view from the camera. Although the vehicle’s ground speed has a maximum of 35 mph, it will be operated between 2 and 2 5 miles per hour, and it will operate at or below 400 feet AGL. The PHANTOM’s manufacturer specifications are shown in the Appendix of the Quick Start Guide and the USER Manuals for each airframe. The UAV/UAS/UA which Brinker Group , Petitioner, will be operating is the DJ I Phantom 3. The inherent safety features, sophistication, programmability , GPS navigation, return home capability , airport vicinity no - fly feature and restricted altitude feature, as well as differentiating radio fr equency

(rf) for aircraft controller/receiver and for the camera make this a much safer UAV for th e purposes of this petition. This is a radio controlled UAVs that has the capacity for software upgrades. Itis light, less than 3 pounds including battery an d camera. Incorporated into the programming of the PHANTOM is an automatic return home feature that automatically directs the craft back to point of take

- off should communication with the transmitter be lost. The Phantom has a cruising speed of 15 knots, w ith a maximum speed of 29 knots. Maximum flight time is 25 minutes. Gross weight is 2.82 pounds. The PHANTOM has a communication link between the camera and aircraft allowing the operator or Pilot in Command (PI C) to monitor battery level, altitude (AGL ), distance from PI C, camera imagery , and also control camera angle. The software for the PHANTOM allows theoperator or PIC to set maximum altitude AGLfor each flight, allowing customization of flights

to no higher than 100 feet, 150 feet, or 250 feet A GLas examples. The 400 foot maximum AGL is by default programmed into the UAV's software pre

- flight to insure compliance with FAA standards adding to the safety capabilities of this UAV. This UAV is programmed to remain in position when controls are relea sed, maintaining altitude and GPS location. The PHANTOM has an altitude and radar monitoring function that allows the operator more precise determination of height, direction of flight and distance from the operator/PIC. The operator/PIC can monitor GPS lock status while the UAV is in flight, with the ability to anticipate loss of GPS locking so the operator/PIC can land the UAV as a precaution. Considering the programmability and safet y features of these UAVs, it serves as the best option to protect th e Public and NAS for the purposes of this petition. Similarities, Distinctions and Differences Brinker Group is using a UAV that has the capability for taking off and landing at a single point, identical to a helicopter. There are no runway s, aided tak e off apparatuses, nor routes that need to be flown to areas being aerial video recorded or photographed. Allowing a reduced and more confined area of flight. The motors, rotors, propellers, body /frame, landing pads, etc. for the UAV utilized in this pet ition are not complicated. Engineering and design allows lay man maintenance. Pre

- flight inspections for cracks, damage or other ph ys ical conditions that could hamper safe flight will be conducted prior to an y and all missions. Post flight inspections will also be conducted in order to aid in identifying flight conditions that may cause stress to propellers, landing gear, etc. Thorough inspection of the UAV shall be conducted and flight response tested should a hard landing or crash occur insuring that the UAV can operate in a safe manner before conducting an y further missions. Like the Astraeus Petition Petitioner Brinker Group requests waiver or exemption for markings due to the small size of the fuselage for the PHANTOM. Petitioner Brinker Group requests modification, waiver or exemption and clarification (within reason) concerning section 91.119 prohibition of flight in congested areas. Petitioner Brinker Group requests waiver for this condition to allow reasonable and responsible videography in con gested areas of subdivisions and neighborhoods. In compliance with Section 90.151 (a) the PHANTOM is a battery operated UAV/UAS with battery level monitoring capability . Full y charged battery flight time is rated at 25 and 18 minutes respectivel y, with videos/photos taking much less time to record. Operator or PI C is warned when battery

level is low. Petitioner Brinker Group requests waiver/exemption from Section 91.203 (a) since the Phantom is a UAV/UAS that should not require an airworthiness certif icate. Posting of special flight authorization would not be possible since the PHANTOM has no cabin and are not large enoughto carry

a certificate. However, a special flight authorization can be maintained by the operator to make available upon request.
**B. Brinker Group**  **Proposed Operations Demonstrate an Equivalent Level of Safety 1.**  **General Description of Proposed Flight Operations** Brinker Group proposes to operate within the limitations and performance specifications listed in the USER MANUAL S (see attachments), which are summarized below. These limitations provide for at least an equivalent, or higher, level of safety for operations under the current regulatory

structure because the proposed operations represent a safet y enhancement to the protocols

. The proposed operations do not create an y hazard to users of the national airspace s ys tem or pose a threat to national security . The aircraft is a battery operated quadcopter with a maximum flight time of 25 minutes. The vehicle weighs approximately 2.7 5. It has vibration dampers and small frame air incline. The vehicle’s ground speed has a maximum of 25 mph but it will be operated between 2 and 5 miles per hour, and it will operate at or below 400 feet AGL. Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The PHANTOM carries no fuel, and therefore the risk of fire following an incident or accident due to fuel spillage is eliminated. Compared to manned aircraft, the unmanned aircraft being operated by the pe titioner reduces the risk to participating persons in close proximity to the aircraft due to the limited size, weight, operating conditions, and design safety features of the PHANTOM. The FAA has determined that the risk of not having an electronic means to monitor and communicate with other aircraft, such as transponders or sense and avoid technology , is mitigated b y placing limits on altitude, requiring stand

- off distance from clouds, permitting day time operations onl y, requiring that the aircraft be operated within visual line of sight, and requiring PHANTOM yi eld right of way to all other manned operations. Additionally , the operator will request a NOTAM prior to operations to alert other users of the NAS. See Exemption No. 11062, Docket No. FAA 2014

- 03 52, at p. 13. The petitioner’s aircraft has the capability to operate safely

after experiencing certain in

- flight failures, as specified in the USER MANUAL regarding Return to Home (RTH) specifically low battery RTH and failsafe RTH. The aircraft is also able to respond to a lost

- link event with a pre

coordinated, predictable, automated flight maneuver. **2. Reasons why the exemption would not adversely affect safety or how the**  **exemption would provide a level of safety at least equal to the existing rule.** G iven the small size involved, the restricted environment within which they will operate, the procedures listed below, and pilot certification requirements, Brinker Group proposed operations using the PHANTOM would “not create a hazard to users of the natio nal airspace s ys tem or the public or pose a threat to national security.” Reform Act Section 333(b ) ( 1).1. The aircraft will be identified by serial number, registered with the FAA, and have identification (N

-Number) markings as large as practicable. 2. Flight s will be operated within visual line of sight of the pilot in command (PI C). 3. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy

by PI C. 4. Maximum flight time for each operational flight will be approximatel y 15

- 20 minutes. 5. The aircraft will be safely landed with no less than the greater of (a) 20% battery life remaining or (b) three minutes of flight time remaining. 6. The aircraft will be operated during daylight and in VFR conditions. 7. Flights will be operated at a lateral distance of at least 50 feet from any persons or propert y not associated with the operation who have not given prior permission. 8. Flights will be limited to a groundspeed of 5

- 25 mph. 9. Minimum crew for each flight will consist of a PIC and an Observer. 10. The PI C will possess at least a sport pilot certificate and a valid state driver’s license. 11. Any designee from Brinker Group will have completed a Basic Operator Course for the PHANTOM

. 12. Prior to the flight, a Mission Plan will be created setti ng forth the limitations for the flight as well as contact information for the PIC. 13. The flight operations will yield the right of way to other manned aircraft operations. 14. All persons who are not involved with flight operations w ill be required to stay 5 0 feet from the edge of the flight operation perimeter. 15. Brinker Group will provide NOTAM details to the FAA 24 hours prior to each flight. 16. All required permissions and permits will be obtained from territory , state, county or city jurisdictions prior to fl ight. 17. Prior to commencing operations, Brinker Group will obtain a Certificate of Waiver or Authorization (COA) from the FAA if flying above 200 feet AGL. 18. If the aircraft loses communications, it will have the capability to return to a pre determined locati on within the operational area and land. 19. If the aircraft loses its GPS signal it will have the capability of being flown manually to a predetermined location within the operational area and land. 20. The flight will be aborted in case of unpredicted obstacles or emergencies. 21. Each flight will be recorded in an Operations L og Book. 24. Maintenance on the aircraft will be recorded in a Maintenance Lo g Book. **3. Flight Recovery, Lost Communications, and Lost GPS Procedures**  The flight recovery , lost communications, and lost GPS procedures are fu lly documented in the attached User Manuals. **V. SPECIFIC FAR EXEMPTIONS REQUESTED** Brinker Group seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45,

61, and 91 for purposes of conducting the requested operations using the PHANTOM . Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and safeguards that Brinker Group has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

**A. 14 C.F.R. Part 21, Subpart H** 

**– Airworthiness Certificate**  **s and 14 C.F.R. § 91.203(a)(1)**  The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normall y used for the same app lication. These criteria are met, and therefore no exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014

- 0352 at 13

- 14, 22. If, however, the FAA determines that there are some characteristics of the PHANTOM that fail to meet the requirements of the Reform Act, an exemption is requested. **Equivalent Level of Safety:** The PHANTOM are safe when taking into account its size, weight, speed, and operational capability . The PHANTOM weighs approximately 3 pounds and either wil l be flown at speeds of 5

- 3 5 miles per hour, and in visua l line of sight of the operator

. The PHANTOM do es not carry pilots, passengers, explosive materials, or flammable liquid fuels. The PHANTOM will be operated within the parameters of the User Manuals. Brinker Group will also provide the FAA with advance notice of all operations via a NOTAM and coordination with the local Flight Standards District Office ( FSDO ) . The proposed operations will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions proposed here.

**B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Ro**  **torcraft** 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the PHANTOM would otherwise require certification under Part 27, Brinker Group seeks an exemption from Part 27’s airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

**C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and**  **Identification Requirements** 14 C.F.R. §45.23(b), Markings of the Aircraft states: When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display o n that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport, “experimental ,” or “provisional,” as applicable. 14 C.F.R. § 45.27(a) states:**Rotorcraft.** Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required b y § 45.23. 14 C.F.R. § 91.9(c) states: No person may

operate a U.S.

- regist ered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter. In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification (N

-Number) markings in accordance with 14 CFR part 45, Subpart C if the markings are “as large as practicable.” See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 14. **Equivalent Level of Safety:** Brinker Group will mark all PHANTOMs with their N

- Numbe r in a prominent spot on the fuselage with markings that are as large as practicable.

**D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations**  Brinker Group seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying aircraft for compensation or hire and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of an y P IC matches the airspace in which the PI C will be operating, as well as requiring certifications if th e pilot is carrying passengers or cargo for hire. While the PHANTOM will be operated as part of a commercial operation, they carry neither passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA

- 2014

- 0352, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PI C to have a commercial pilot certificate and a class II medical certificate. The FAA has also determined that the required knowledge for a commercial pilot covers the same fundamental principles as a private pilot. The PI C will possess at least a sport pilot certificate, a third class medical certificate or valid state issued driver’s license , and w ill have completed a Basic Operator Course for the PHANTOM

. The FAA stated in its grant of an exception to Astraeus Ae rial the “the FAA considers the overriding safety

factor for the limited operations proposed by the petitioner to be the airmanship skills acquired through UAS

- specific flight cycles, flight time, and specific make and model experience, culminating in veri fication through testing.” See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 18. The proposed operations can achieve an equivalent level of safety b y requiring the knowledge and experience in PHANTOM operations described above. The restrictions Bri nker Group has placed on its PHANTOM operations meet or exceed the restrictions similarly

imposed on Astraeus Aerial in FAA Docket No. FAA

- 2014

- 0352. BrinkerGroup will operate in restricted areas (the s ites) away from persons and property not involved in the operation. The aircraft will be flown based on VLOS at or below 400 feet AGL, so as to accommodate flight operations on specified s ites. A NOTAM will be issued at least 24 hours before the flight is to occur, and the flight will be coordinated with the applicable FSDO.

**E. 14 C.F.R.**  **§ 91.7(a): Civil Aircraft Airworthiness**  Brinker Group seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworth y condition to be operated. The FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingl y, Brinker Group requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 Subpart H. See Grant of Exemption No. 11062, p. 19.

**F. 14 C**  **.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14**  **C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration**  Pursuant to 14 C.F.R. § 91.9(b)(2): (b)No person may

operate a U.S.

- registered civil aircraft

-

... (2)F or which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Pursuant to 14 C.F.R. § 91.203(a) and (b): (a)Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1)An appropriate and current airworthiness certificate. (b)No person may

operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. Brinker Group does n ot request an exemption from this section but instead notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, registration certificate and other documentation will be kept at the control station with the PI C during flight. The Chief Counsel’s Office has held that for all UAS operations, this alternate method constitutes full compliance with the regulations. See also Grant of Exemption No. 11062, pp. 19

- 20, and Grant of Exemption No. 8607.

**G. 14 C.F.R.**  **§ 91.103: Preflight Action**  Brinker Group seeks an exemption from 14 C.F.R. § 91.103, which requires a PI C to become familiar with specific information before each flight, including information contained in the FAA

- approved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on board. The PIC will take all actions including reviewing weather, flight batteryrequirements, landing and takeoff distances and aircraft performance data before initiation of

flight. Under thes e circumstances, the FAA has stated that no exemption is required. See Grant of Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAA

approved Flight Manual is required. **Equivalent Level of Safety:** An equivalent level of safety w ill be provided by following the User Manuals. The PIC will take all required preflight actions

- including performing all required checklists and reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas

- be fore initiation of flight. The User Manuals will be kept at the ground station ; with the operator at all times.

**H. 14 C.F.R.**  **§ 91.109(a): Flight Instruction**  Brinker Group seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “[n]o person may op erate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.” UASs and remotely piloted aircraft, b y their design, do not have functional dual controls. Instead, f light control is accomplished through the use of the A2 Flight Control Sy stem/Ground Control Station (GCS) that communicates with the aircraft via radio communications. **Equivalent Level of Safety:** When flight instruction is performed, no pilots will be on the aircraft and the GCS will be a safe distance from the aircraft and the public, causing no safety hazard. Given the size and speed of the PHANTOM , an equivalent level of safe training can still be performed without dual controls because no pilot or pas sengers are aboard the aircraft, and all persons will be a safe distance away in the event that the aircraft experiences any difficulties during flight instruction. These flights will comply with the provisions in the User Manuals. Accordingl y, Brinker Gro up proposed method of operation provides superior levels of safety.

**I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas**  Brinker Group requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). Section 91.11 9(c) prescribes that an aircraft may not be operated closer than 500 feet to an y person, vessel, vehicle, or structure. The FAA has already determined that relief from Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight restrictions as those imposed by Brinker Group

. See Grant of Exemption No. 11062, p. 20

- 21. **Equivalent Level of Safety:** Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presentl y exist with conventional aircraf t. An equivalent level of safety will be achieved given the size, weight, and speed of the PHANTOM , as well as the locati ons where it is operated . In order to avoid any risk to aircraft, flight operations will be restricted to 4 00 feet AGL or below. As set forth in the User Manuals and herein, the PHANTOM will be operated at s ites, away from persons or structures not involved in the operation. All persons who are not involved with Brinker Group operations wi ll be required to be at least 5 0 feet from the flight operation perimeter.**J. 14 C.F.R.**  **§ 91.121: Altimeter Settings** 

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport. The PHANTOM use both b arometric pressure sensors and G PS to determine altitude but do not have the ability to set in a current altimeter setting. An exemption is required to the extent that the PHANTOM do not have a barometric altimeter setting. The altitude of the aircraft is monitored b y the PI C on the ground control station and by the visual observer. **Equivalent Level of Safety:** The FAA has stated that an equivalent level of safety can be achieved if the aircraft will be operated at or below 400 feet AGL and within visual li ne - of

- sight in addition to GPS based altitude information relayed in real time to the operator. See Grant of Exemption No. 11062, p. 20

- 21. As the attached User Manuals indicate, the PHANTOM or PHANTOM will be operated at or below 400 feet AGL and compl y w ith the limitations in the Grant of Exemption No. 11062.

**K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions**  Brinker Group requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) No person may

begin a flight in an airplane 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

– (1) During the day , to fl y after that for at least 30 minutes; or (2) At night, to fly

after that for at least 45 minutes. Here, the technological limitations on PHANTOM battery power means that no meaningful flight operations can be conducted while still maintaining a 30 minute r eserve. The aircraft is battery powered with a maximum flight time of between 18

- 25 minutes. Brinker Group proposes that the maximum flight time for each operational flight will be 18

- 2 5 minutes. The aircraft will be safel y landed with no less than the greater of (a) 20% battery life remaining or (b) three minutes of flight time remaining. **Equivalent Level of Safety:** The FAA has stated that an equivalent level of safety is provided if th e UAS flight is conducted under day time VFR flight conditions using VLOS, and terminated with at least 25% reserve battery power still available. See Grant of Exemption No. 11062, p. 21

- 22. The User Manuals providing an equivalent level of safet y b y s afel y landing with no less than the greater of (a) 20% battery life remaining or (b) three minutes of flight time remaining and otherwise compl yi ng with the flight restrictions above.

**L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and**  **(b): Maint**  **enance Inspections**Brinker Group seeks an exemption from the maintenance inspection requirements contained in

14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter”). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certif icate, which the PHANTOM will not have. **Equivalent Level of Safety:** An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Manuals. This includes maintenance, overhaul, replacement, and inspection requirements for the aircraft and procedures to document and maintain maintenance records for the aircraft. This also includes preflight inspection procedures. See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 14

- 15. As provided in the Manuals, flights will not be conducted unless a flight operations checklist is performed that includes all of the aircraft’s components. The Manuals also set requirements for maintenance log books and record keeping as well as routine and post

- flight maint enance. The Manuals set requirements for both annual maintenance and preventative maintenance. **VI. PUBLIC INTEREST**  Granting Brinker Group petition for exemption furthers the public interest. National policy set by Congress favors earl y integration of UAS int o the NAS in controlled, safe working environments as proposed in this petition. By granting this petition, the FAA will fulfill Congress’s intent of allowing UAS to operate safel y in the NAS before completion of the rulemaking required under Section 33 3 o f the Reform Act. Brinker Group will operate in a manner that will ensure the public’s safet y and will set the example for others to emulate. It is well established that UAS provide an additional tool for the filmmaking industry , adding a greater degre e of flexibility , which supplements the current capabilities offered b y m anned aircraft

. **VII. PRIVACY**  All flights will be conducted in accordance with any federal, state or local laws regarding privacy

. **VIII. NATIONAL SECURITY**  Given the small size of the UAS involved and the restricted environment within which they will operate, our petition presents no national security issue. Furthermore, the security screening conducted b y the Transportation Security Administration of certificated airmen satisfies the statutory requirement of Section 333 for operations to not pose a threat to national security.**IX. SUMMARY FOR FEDERAL REGISTER** 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Brinker Group seeks an exemption from the following rules in order to provide aerial photograph y and videography , utility , roadway , site, and structural construction inspection including visual progress documentatio n; development and topographic survey s for civil engineering design and construction projects; architectural build ing evaluations and inspections; and m onitoring construction project sites ; and surface mapping and building anal ys is and modifications : 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 C.F.R § 91 .121; 14 C.F.R § 91 .151(a); 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b). The exemption will enhance safety b y reducing risk to the operator, the general public and propert y owners from the hazards associated with operating UAS through deliberate planning, risk mitigation, and flight operations.
**X. ATTACHMENTS**  Attachment 1 : DJ I P hantom Pilot Training Guide v1.1 Attachment 2 : DJ I Phantom 3 Professional User Manual v1.2 Attachment 3 : DJ I Phantom 3 Quick Start Guide v1.0 Attachment 4 : DJ I Phantom 3 Safety Guidelines Disclaimer
**XI. CONCLUSION**  Satisfaction of the criteria provided in Section 333 of the Reform Act

- size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security considerations

- provides more than adequate justification for the grant of the requested exemptions to permit Brinker Group to operate the PHANTOM

. Granting the requested exemption will benefit the public interest as a whole in many way s, including (1) significantly improving safety and reducing risk by

alleviating human exposure to danger; (2) improving the quality of services Brinker Group can provide to its customers; and (3) decreasing the risks of unmanned aircraft interfering with manned aircraft Respectfully

submitted, By : /s/ Joseph Camilleri In formation Technologies Manager Brinker Group MBE