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Vic Roeder Vic’s Photography & Video

340 East 9 th Street Fremont, NE 68025

402

- 721

- 9121 www.vicsphotography.com

December 11 , 2015

U.S. Department of Transportation Docket Management System

1200 New Jersey Avenue, SE 3930 N. 15TH ST, Washington, D.C. 20590 LINCOLN, NE 68521

BASIS FOR PETITION

Petitioner, Victor A. Roeder (VAR) , 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

, hereby petitions the Administrator to commercially operate the DJI Phantom 2 in the National Airspace System (NAS), and for an exemption from the requirements of :

14 C.F.R §§ 61.113(a) & (b) 14 CFR 45.23(b) 91.7(a),
91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91

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

Victor A. Roeder

Dba ; Vic’s Photography & Video

340 East 9 th Street
Fremont, NE 68025

402

- 721

- 9121 vic@vicsphotogrphy

PREFACE: The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircra ft, as the term is defined under §40101 of the A ct, that includes UAS, from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator fi nds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). Vic Ro eder proposes to use one UAS; 1) DJI PHANTOM 2, for commercial photography, videography, inspecti ons or surveying. This aircraft has four rotors and four motors in a quadcopter configuration (X4). It is only capable of vertical take off and landing. This U AS weighs less than 55 lbs. including payload. Can fly, under normal condition s at a speed of no more than 30 knots and has the capability to hover, and move in the vertical and horizontal plane simultaneously. This UAS is equipped with GPS and a u to

- return function to the predetermined safe landing area as well as allowing reading of magnetic interference that can cause loss off GPS signal.

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The UAS will operate only in line of sight and will operate only within a sterile closed

- set area of a

residential or commercial listing, open desolate areas near rural farms or a closed

- set special event. Such operations will insure that the UAS will “not create a hazard to users of the national airspace system

or the public.” (Reform Act Section 333 (b)).

This exempt ion application is expressly submitted to fulfill Congress’ goal in passin g Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft sy stems may operate safely in the natio nal airspace system (NAS) before completion

of the rul e making required under Section 333 of the Reform Act. In making this determination, the Secretary is required to deter mine which types of UASs do not create a hazard to users of the NAS or the public o r pose a threat to national security in light of the following:

• The UAS’s size, weight, speed and operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. § 333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that

incl udes UAS, from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Ad ministrator fi nds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

RELIEF OVERVIEW

Given the small size of the UAS involved and the restricted sterile environment with in which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in whi ch Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. A lso due to the size of the UA Ss and the restricted areas in which the relevant UAS will operate, approval of the a pplication presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Fed eral Aviation Act, as amende d; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including

reduced emissions associated with allowin g UASs for aerial inspection s, surveying and photography and videography, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests t hat the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFE TY

VAR proposes that the exemption requested herein apply to civil aircraft that have the characteristics and

that operate with the limitations listed herein. These limitations provide for at least an equivalent or ev en higher level of safety to operation s under the current regulatory structure because the propose d operations represent a safety enhancement to the already safe aerial inspections, surveying and photography and v ideography operations conducted with conventional aircraft.

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These limitations and conditions to which VAR agrees to be bound when c onducting commercial operations under an FAA issued exemption include:

1. The UAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or observ er. 3. Maximum total flight time for each operational flight will be 30 minutes or less. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above

an elevated platform for which filming is planned. 5. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and or Camera Operator. 6. Additional camera will be filming UAS in flight at applicable times 7. The UAS will only operate within a confined sterile closed

- set area with a set safety perimeter, the

boundaries of which will be determined by the UAS PIC based on the site

- specific activities and speed

o f the UAS requ ired for the operation, and coordinated with the jurisdictional FAA FSDO and local government officials as applicable. 8. A briefing will be conducted in regards to the planned UAS operations prior to each day’s production

activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 9. The UAS Pilot and/or Aerial Coordinator will ensure this safety perimeter that only consenting

p ersonnel will be allowed within 100 feet of the UAS operation by not permitting anyone who had not

been briefed or whom is not involved in production to be in the closed

- set area, and 500 ft away from people not directly involved in operations. 10. Observer and PIC will at all times be able to communicate by voice and/or two way radio communication system. 11. Written and/or oral permission from the relevant property holders will be obtained. 12. If applicable, all required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcements, fire, or other appropriate governmental agencies. 13. If the UAS loses communications or loses its GPS signal, the UAS will have the c apability to return to a predetermined location within the Security Perimeter and land safely. 14. The UAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certifi cates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS.

I n all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate

without the restrictions and conditions proposed.

In consideration of the speed, weight, size, and limited operating area associated with the unmanned

aircraft and its operation, VAR ’S operation of DJI Phantom 2 Vision+, UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, VAR 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. VAR submits that the requested relief is proper since an equivalent level of safety will be en sured. VAR will use experienced personnel or technicians as needed to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and

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practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual). Furthermore, VAR will document and maintain all maintenance records for

the DJI Phantom 2 Vision+ UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and

lim itations: Pilot in command , is requested by VAR to the extent necessary to allow a Pilot in Command (PIC) meet or exceed the described requirements of operations set by manufacturer, and who has demonstrated, that the PIC is able to safely operate the DJI Phantom 2 Vision+ UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

VAR seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 2

Vision+ UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, VAR submits that he will ensure that the DJI Phantom 2 Vision+ UAS is in an airworthy condition, pri or to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual), and that the aircraft are in a condition for safe flight.

VAR also seeks an exem ption from the requirements of Section 91.121, entitled Altimeter Settings , as the

DJI Phantom 2 Vision+ will not have a typical barometric altimeter onboard. However, altitude information

of the DJI Phantom 2 Vision+ will be provided to the PIC via Global Pos itioning System (GPS) equipment

and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with VAR ’s operation of the DJI Phantom 2 Vision+ UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent

to Section 91.121.

Additionally, VAR seeks an exemption from the requirements of Section 91.151(b), entitled Fuel

r equirements for flight in VFR conditions

. VAR submits that safety will not be affected by operation of the DJI Phantom 2 Vision+ during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to f ly for a total duration of approximately 30 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

EXTENT AND REASONING WHY VAR SEEKS RELIEF FROM THE LISTED SECTIONS ABOVE :

Section 61.113(a) & b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command , is requested to the extent necessary to allow a PIC meet all requirements as describ ed in the DJI Phantom

2 Vision+ owner’s manual t o conduct the proposed UAS flight opera tions for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot

may, for compensation or hire, act as PIC of an aircraft in connection with any business or employ ment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry

passenge rs or property for compensation or hire.

As set forth more fully below, VAR submits that an equivalent level of safety will be maintained because

no PIC will be allowed to operate the DJI Phantom 2 Vision+ UAS unless that PIC has demonstrated that the PIC is able to safely operate either the DJI Phantom 2 Vision+ UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining app ropriate distances from people, vessels, vehicles and structures.

Further, VAR submits that all flights of t he DJI Phantom 2 Vision+ 1 UAS, conducted by the PIC pursuant

to the grant of this Petition: (1) will be incidental to VAR ’S business; and (2) will not carry passengers or property for compensation or hire.

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2. 91.7(a).

Relief from Section 91.7(a) entitl ed Civil aircraft airworthiness , is requested to the extent required to allow

VAR to determine that the DJI Phantom 2 Vision+ UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the VAR Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual).

VAR seeks the requested relief because the DJI Phantom 2 Vision+ UAS does not require an

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

the DJI Phantom 2 Vision+ UAS are in airworthy condition based upon its compliance with the operating

docum ents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual) prior to every flight, and further, det ermine that the aircraft are in condition for safe flight, as stated in the conditions and

limitations below.

3. 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be re quired to allow flight operations of the

DJI Phantom 2 Vision+ UAS, which utilize a barometric pressure sensor, GPS equipm ent, and a radio

communications telemetry data link to downlink altitude information from the UA to the PIC at the grou nd

control stat ion (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to ai r traffic control (ATC) in feet above ground level (AGL), VAR seeks the requested relief because the DJI Phantom 2 Vision+ UA altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the

extent necessary to comply with the appl icable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 Vision+ UA are equipped with a barometric pressure sensor and GPS equipment, which automatically ensure s that a ground level press ure setting will be established prior to each flight, and provides the PIC with altitude

information of the UA on the heads

- up display of the GCS.

4. 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditi ons, is requested to the

extent required to allow flights of the battery powered DJI Phantom 2 Vision+ UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 25 minu tes

to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5

minutes. VAR seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery p owered DJ I Phantom 2 Vision+ UA will severely constrain the practicality of any aerial video or still photo flight operations that VAR proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision+ UAS, the DJI

Phantom 2 Vision+ operating documents, and VAR ’S proposed operating limitations, ensure that VAR will safely operate the battery powered DJI Phantom 2 Vision+ UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with en ough battery power to fly for a

total duration of 25 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

14 CFR 45.23(b)

Marking of the Aircraft;

Applicable codes of Federal Regulation require aircraft to be marked according to certain specifications.

UAV Field Services UASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two inch lettering is difficult to place on

such small aircraft. Regardless, UAV Field Services will mark its UAS in the largest possible lettering by

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placing the "N "number on its fuselage as required by 14 CFR 45.29 (f) so that the pilot, technician, spotter and o thers working with the UAV will see the markings . The FAA has previously issued exemptions to this regulation through

- Exemption No 10167 and 10700

5. 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), An d 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft

with an airworthiness certificate, VAR requests relief from these Sections because the DJI Phantom 2 Vision+ UAS do not require ai rworthiness certificates. As set forth more fully below, the DJI Phantom 2

Vision+ UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly VAR will use trained technicians to perform maintena nce, alterati ons, or preventive maintenance on the UASs using the met hods, techniques, and practices prescribed in the UAS operating documents (i.e., the VAR aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual). Furthermore, VAR will document and maintain all maintenance

records for the DJI Phantom 2 Vision+ UAS.

The Reasons for granting my request are entirely beneficial to the public and community as a whole.

Granting the present Petition will further the public interest by allowing VAR to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, survey and inspect

over certain areas of the United States. To assist other businesses in helping them grow from my servi ces or rather, to fulfill their needs, whatever it may be.

This exemption application is expressly submitted to fulfill Congress’ goal in passin g Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether ce rtain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion

of the rul e making required under Section 332 of the Reform Act. In making this det ermination, the Secretary is required to dete rmine which types of UAS do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed and operational capability;

• O peration of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, id. the Secretary determines that such vehicles “may operate safely in the

nation al airspa ce system, the Secretary shall establish requirements for the safe operation of such ai rcraft in the national airspace system.” Id. §333(c).

Given the small size of the UAS involved and the restricted sterile environment within which they will

op erate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in whi ch Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to

commence immediate ly. Also due to the size of the UASs and the restricted areas in which the relevant UAS will operate, approval of the a pplication presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority co ntained in the Federal Aviation Act, as amended; the

s trong equivalent level of safety surrounding the proposed operati ons, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including re duced emissions associated

with allowing UASs for movie and television oper ations, the grant of the requested exempt ions is in the public interest. Accordingly, the applicant respectfully requests t hat the FAA grant the requested exemption without delay.

REASONS BENEFICIAL TO THE PUBLIC/COMMUNITY

1. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 2 Vision+ UA 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 acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+ UAS would reduce

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the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 Vision+ UA do not require an airport to takeoff or land. Like wise, a reduction of manned aircraft conducting aerial video and ph otography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. Th e Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision+ UAS.

Conducting aerial acquisitions with the DJI Phantom 2 Vision+ UAS, instead o f manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during

traditional aerial video and still photography flight operations. By using battery power and electric motors

, the DJI Phantom 2 Vision+ UAS produce no air pollution, and is the most viable environmentally

conscious alt ernative to the cabin class, six cylinder internal combustion engine aircraft that are typically

utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded

aviation fuel. The DJI Phantom 2 Vision + UA, while redu cing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 2 Vision+ UAS to perform aerial acquisition s, the substanti al risk to life and property in the air and on the ground, which is usually associated with traditional manned airc raft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew

members lo cated onboard the aircraft, the DJI Phantom 2 Vision+ UA (weighing approximately 2 pounds 11 ounces, at their ma ximum gross weights with length of 16 inches, widths of 16 inches, and with no fuel on board), has less physical potential for collateral damage to l ife and property on the ground, and in the air, compared to the manned aircraft that typic ally 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

ga llons).

3. Performing Aerial Video and Photography, Surveys and Inspections, Operations w ith t he DJI Phantom

2 Vision+ UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+ UAS are also an economical alternative

to usi ng manned aircraft to conduct similar aerial operations. As such, operation of the DJI P hantom 2

Vision+ UAS will allow United States based companies, like VAR , to remain competitive and contribute to growth of the U.S. economy. Specifica lly, with the rising cost of aviation fuel and the Environmental Protection Ag ency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt ne w and alternative technology in order to remain competitive. Ope rating the battery powered DJI Phantom 2 Vision+ UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 2 Vision+ UAS, companies such as VAR , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimat ely contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through

commercial u se of the DJI Phantom 2 Vision+ UAS, provides a stable workforce that increases consumer spending; improves local, state , and federal tax revenues; and allows companies to invest in rese arch 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, VAR ’S proposed operation of the DJI Phantom 2 Vision+ UAS will not implicate any privacy issues. Specific ally,

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the DJI Phantom 2 Vision+ UAS will be operated only in compliance with operating documents (i.e., the

VAR Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Visio n+ Instruction Manual) which requires proper ty owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Reg ulations, 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 Ho w The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which

VAR Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+ UA Meet The Conditions Of The FAA Modernization an d

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, VAR ’S operation of the DJI Phantom 2 Vision+ UAS meet the con ditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

In seeking this exemption, VAR submits that the DJI Phantom 2 Vision+ UAS can operate safely in the

NAS pursuant to FMRA Sectio n 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision+ UAS Demonstrate Its Safe Character istics

.

The DJI Phantom 2 Vision UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 Vision+ UAS. The technical specifications of the DJI Phantom 2 Vision+ UAS are set forth by the DJI Phantom 2 Vision+Specifications and

Data Sheet.

ii. The DJI Phantom 2 Vision+ UAS Autonomous Flight And Navigation Modes Enable The UAS

To Remain Within A Defined Operat ional Area. The DJI Phantom 2 Vision+ UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 Vision+ UAS User Manuals.

iii. The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Are Designed For Automatic Return To

Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation. When the Control Link is lost, the DJI Phantom 2 Vision+ UA will remain stationary, in flight, fo r 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+ UA does not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 Vision+ UA a re set forth in

the DJI Phantom 2 Vision+ User Manual, attached.

iv. The DJI Phantom 2 Vision+ GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 2 Vision+ GCS and flight control software is provided in the

DJI Phantom 2 Vision+ User Manual.

b. Flight Operations Of DJI Phantom 2 Vision+ UAS Are Limited To The Line Of S ight Of A

Certificated Pilot in Command With A Safety Observer.

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# 9 VAR will only utilize certificated pilots who possess a current and valid airman medical certificate to act asa pilot in command (PIC) of the DJI Phantom 2 Vision+ UAS. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 2 Vision+ UAS Will Be Conducted Pursuant To Specific Operating

Limitations.

In seeking this exemption, VAR proposes to commercially operate DJI Phantom 2 Vision+ UAS for the special purpose of conducting aerial video and photography over certain areas of United

St ates, pursuant to the following specific operating limitations:

1. Operations authorized by this gra nt of exemption will be limited to the following aircraft

described in the operating documents, rotorcraft UASs weighing less than 55 pounds maxi mum gross weight: DJI Phantom 2 Vision+ Unmanned Aircraft Systems. Proposed operations of any

other aircraft w ill require a new petition or a petition to amend this grant.

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

aerial video and photography.

3. The UA may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request i s made and approved by ATC. All altitudes reported to ATC mu st be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times . This requires

the PIC to be able to use human vision unaided by any device other than corrective lenses, as

s pecified on the PIC’s FAA issued airman med ical certificate.

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

7. All operations must utilize a safety observer (SO). The SO may be used to satis fy the VLOS requirement as long as the PIC always maintains VLOS capa bility. The SO and PIC must be able

to com municate verbally at all times. Electronic messaging or texting is not permitted during flight operations. Th e PIC must be designated before the flight and cannot transfer his or her designation for the duration of the fligh t. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding

other air traffic and other ground based obstacles/obs tructions 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 th e conditions and limitations contained in the grant of exemption and the procedures outlined in the

oper ating documents, the conditions and limitations contained in the grant of exemption take precedence and m ust be followed. Otherwise, the operator must f ollow the procedures as outlined in its operating docume nts. The operator may update or revise its operating documents. It is the operator’s responsibility to track suc h revisions and present updated and revised documents to the Administrator upon request. The operato r must also present updated and revised documents if it petitions for extension or amendment to the gran t of exemption. If the
operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisi ons to the operating documents.

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# 10 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If

the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is

found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft

records.

11. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. i noperable components, items, or equipment, not already covered in the relevant sections of the operating

documents.

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

14. The operator must carry out its maintenance, inspections, and record keep ing requirements, in

accordance with the operating documents. Maintenance, inspection, alterations, and status of repl acement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning

the UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety 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 PIC must meet or exceed all requirements as set f orth by manufacturer in o rder to justifiably operate the DJI Phantom 2 Vision+, or hold an equivalent pilot license approved by the FAA.

18. The operator may not permit any PIC to operate unless the PIC meets the operat or’s qualification

criteria and demonstr ates the ability to safely operate the UAS in a manner consistent wi th how the UAS will be operated under the exemption, including evasive and emergency maneuvers and

ma intaining appropriate distances from persons, vessels, vehicles and structures. PIC

qua lification flight h ours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training th e operator’s PICs are permitted under the terms of the exemption. However, training operations may onl y be conducted during dedi cated training sessions. During training, proficiency, and experience

- building flights , all persons not essential for flight operations are considered nonparticipants, and the PIC must operate t he UA with appropriate distance from nonparticipants in accord ance with 14 C.F.R. § 91.119.

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 requ ired, a special request will be made at the FAA office closest to proposed area of operations. Flights under spe cial visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as de noted on a current FAApublished aeronautical cha rt unless a letter of agreement with that airport’s

managemen t is obtained, and the operation is conducted in accordance with a NOTAM as required by th e operator’s COA. The letter of agreement with the airport management must be

made available to the Admin istrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 fe et horizontally from a

cloud or when visibility is less than 3 statute miles from the PIC.

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# 11 22. If the UA loses communications or loses its GPS signal, it must ret urn to a pre

- determined

location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or eme rgencies in accordance

with the operating do cuments.

24. The PIC is prohibited from beginning a flight unless (considering wind and for ecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point

and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certifi cate of Waiver or

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not mo re than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in

accordanc e with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requireme nts.

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) markin gs in

accordance with 14 C.F.R. part 45, Subpart C. Markings must b e as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the

UA must comply with the Federal Communications Commission (FCC) or other a ppropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be ava ilable to the PIC at

the Ground Control Station of the UAS any time the UAS is operating. These document s must be

made available to the Administrator or any law enforcement official upon r equest.

29. The UA must remain clear and yield the right of way to all manned aviation o perations and

activities at all times.

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

31. Flight operations must be conducted at least 500 feet fr om all nonparticipat ing persons (persons

other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures

unless:

a. Barriers or structures are present that sufficiently protect nonpa rticipating 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 ce ase immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety

assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an

undue hazard to those persons per § 91.119(a).

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# 12 32. All operations shall be conducted over p rivate or controlled

- access property with permission from

the land owner/controller or authorized representative. Permission from land owner/controller or

authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of

the operational area as defined by the applicable COA must be reported to the FAA 's UAS Integration Office (AFS

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

VAR AFFIRMS ALL INFORMATION LISTED ABOVE TO BE TRUE AND BINDING UPON FAA’S

FINDINGS OF EXEMPTION REGARDING COMMERCIAL OPPERATIONS OF LISTED UAS, UNTIL

FURTHER NO TI CE OF LAWS OR REGULATIONS DECIDED BY THE GOVERNEMENT/FAA.

THANKYOU FOR YOUR CONSIDERATION.

VICTOR A. ROEDER