UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHI NGTON, DC

INTHE MATTER OF THE PETITION FOR EXEMPTI ON OF: Northwest Sky

Vision, LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 14 C.F.R §§ 61.23(a), 61.101(e)(4) &(5), 61.113(a)& (b), 61.315 (a), 91.7(a), 91.119 (c), 91.119 (c), 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 DJ I PHANTOM 3 PROFESSI ONAL AND DJ I INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on October 1 9 , 2015 Northwest Sky

Vision, LLC Attn: Daniel D. Nelson 372 S. Eagle Road #333 Eagle, Idaho 83616 Tel: (208) 340

- 2942 Email: dnelson@northwestsky vision.com

## 1 Table of Contents GLOSSARY OF ABBREVIATIONS

................................ ................................ ................................ .................... 2 SUMMARY

................................ ................................ ................................ ................................ ............................ 3 IN TRODUCTION AND INTERESTS OF THE PETITIONER

................................ ................................ ............ 3 AIRCRAFT

................................ ................................ ................................ ................................ ............................. 3 BASI S FOR PETITION

................................ ................................ ................................ ................................ ......... 4 Name And A ddress Of The Petitioner.

................................ ................................ ................................ ................... 5 The Specific Sections Of 14 C.F.R. From Which Applicant Seeks Exemption.

................................ .................... 5 The Extent Of Relief Applicant Seeks And The Reason Applicant Seeks The Relief.

................................ .......... 7 The Reasons Why

Granting Applicant Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

................................ ................................ ................................ ................................ ......... 9 The Reasons Why

Granting The Exemption Would Not Adversel y Affect Safety, Or How The Exemption Would Provide A L evel Of Safety At Least Equal To That Provided By The Rule From Which Applicant Seeks Exemption.

................................ ................................ ................................ ................................ ............................ 10 CONCLUSION

................................ ................................ ................................ ................................ ..................... 17 APPENDI CES............................................................................................................... ...18

## 2 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 Refor m Act of 2012 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

## 3 SUMMARY Northwest Sky

Vision, LLC (Applicant) seeks exemption from the requirements of 14 C.F.R §§ 61.23(a), 61.101(34 ) 61.113(a) & (b), 61.315 (a) , 91.7(a), 91.119 (c), 91.119 (c), 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 S ys tem pursuant to Section 333 of the FAA Modernizati on and Reform Act of 2012 (FMRA). This exemption will permit Applicant to operate an Unmanned Aircraft Sy stem (UAS ) for the commercial purpose of conducting aerial vi deo and photography to be used in multiple applications, including but not limited to print advertisements, mapping, research, televis ion commercials, news reports, and sporting events over certain areas of the United States.


### INTRODUCTION AND INTERESTS OF THE PETITIONER Northwest Sky

Visi on, LLC is an aerial photography , mapping, and data collection services company managed by Daniel D. Nelson, an FAA licensed Private Pilot ASEL/AMEL with over 1000 hours in over 25 different ty pes of aircraft. In addition, Daniel D. Nelson is an FAA licens ed Airframe and Powerplant (A&P) mechanic, and an active Radio Control (R/C) aircraft pilot for over 40 ye ars . This training and experience provides a strong knowledge of safely operating in the National Airspace Sy stem, aerody namics, aircraft constructio n, aircraft maintenance, and accurate documentation. Northwest Sky

Vision, LLC plans to safely utilize the capabilities of UAS , with full understanding that operations are conducted within and under the conditions outlined herein, or as may be established by

the FAA as required b y S ection 333. As described more fully below, the requested exemption would permit the operation of small unmanned, and relatively inexpensive UAS under controlled conditions in the National Airspace S ys tem (NAS) regulated by the Federal Aviation Administration (FAA). Approval of this exemption would thereb y enhance safety, and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “ establish requirements for the safe operation of such aircraft s y stems in the National airspace sy stem” Section 333 € of the Reform act. Northwest Sky

Vision, LLC offer s a multitude of services, including but not limited to:

 Real Estate and vehicle sales photographs and video
 Aerial survey , mapping, and data collection
 Sporting activity

photography
 Wildlife and forestry

monitoring
 Educational and research operations
 Provide aid in disaster and emergency monitoring and management, Civil first response, communication relay services, search and rescue, damage assessment.
 A gricultural crop performance mapping
 Railroad and waterway inspection
 Telecommunications infrastructure inspection
 Energy

s ys tems, Utility , and Electrical sy stem inspections
 Livestock management and accountability  Unmanned aircraft flight training
 Aerial filmmaking and photography
 Construction site inspection
 Pipeline inspection and patrolling
 Event security, surveillance, crowd management
 Insurance claim data collection

## 4 AIRCRAFT Unmanned Aircraft Sy stems to be used by applicant :
 DJIPhantom 3 Professional  DJIInspire 1 Applicant seeks an exemption to operate listed DJI s ys tems UA’s for compensation or hire within the NAS. The DJI Phantom 3 Professional and DJIInspire 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 3 Professional 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 DJIInspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJ I Phantom 3 Professional and DJIInspire 1 UAS are equipped with four main rotors; driven by L ithium Poly

mer battery

powered electric motors. The DJ I Phantom 3 Professional and DJ I Inspire 1 UAS that will be operated by Applicant 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, Applicant , 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 commerciall y operate the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s in the National Airspace Sy stem (NAS), and for an exemption from the requirements of 14 C.F.R § 61.23(a), 61.56, 61.101(e 4 ) 61.113(a) & (b), 61.315 (a) , 91.7(a), 91.119 (c), 91.119 (c), 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, Applicant operation of DJ I Phantom 3 Professional and DJ I In spire 1 UAS s 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. Accordingl y, Applicant 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 appl y to aircraft with an airworthiness certificate. Applicant sub mits that the requested relief is proper since an equivalent level of safety will be ensured. Applicant will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS s using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly

Maintenance Log, and DJ I Phantom 3 Professional and DJ I Inspire 1 Instruction Manual). Furthermore, Applicant will document and maintain all maintenance records for the DJ I Phantom 3 Profes sional and DJ I Inspire 1 UAS s. Relief from certain requirements of Section 61.101 € (4) & (5), 61.11 3(a) and (b), Pilot in command, is requested by Applicant to the extent necessary to allow a Pilot in Command (PI C) holding a recreational pilot or higher level certificate, as well as an airman medical certificate or valid U.S. driver’s license issued by a state , District of Columbia, Puerto Rico, a territory , a possession, or the Federal Government, and who meets the flight review requirements specified in 14 CFR § 61.5 6 in an aircraft in which the PI C is rated on his or her pilot certificate

. Applicant seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 3 Professional 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, Applicant submits that he will ensure that the DJIPhantom 3 Professional and DJ I Inspire 1 UAS s are in an airworthy c ondition, prior to every

flight, by determining that the UAS s are in compliance with the operating documents, and that the aircraft are in a condition for safe flight. Applicant also seeks an exemption from the requirements of Section 91.119 € , entitled Minimum Safe Altitudes: General , as the DJ I Phantom 3 Professional and D JIInspire 1 UAS operate at low altitudes of 4 00 feet or less. Applicant also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professional and DJ I Inspire 1 UAS will not have a ty pical barometric altimeter onboard. However, altitude information of the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS will be provided to the PI C via Global Positioning S ys tem (GPS) equipment and radio communications telemetry data link, which

## 5 downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Applicant ’s operation of the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS 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. Additionally , Applicant seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Applicant submits that safety will not be affected by

operation of the DJIPhantom 3 Professional and DJ I Inspire 1 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly

for a total duration of approximately 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, Applicant provides the following information in support of its petition for exemption:


### Name A nd Address Of The Petitioner. Northwest Sky

Vision, LLC Attn: Daniel D. Nelson 372 S. Eagle Road #330 Eagle, Idaho 83616 208

- 340

- 2942 Email: dnelson@northwestsky vision.com 

### The Specific Sections Of 14 C.F.R. From Which Applicant Seeks Exemption. **Applicant Seeks Exemption From The Requirements Of Section 61.1**  **01 (e)**  **(4) And (5 ).**  Section 61.1 01 , entitled Recreational pilot privileges and limitations: subsections (e) (4) and (5 ) prescribe the following, in relevant part: A Recreational pilot may not act as a pilot in command (PI C) of an aircraft ; ( 4 ) For compensation or hire ( 5 ) In furtherance of a business **Applicant 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 PI C of an aircraft. (b) A privat e 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 employ ment; and (2) The aircraft does not carry passengers or property

for compensati on or hire. **Applicant 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. **Applicant Seeks Exemption From The Requirements Of Section 91.119**  **€ .**  Except when necessary

for takeoff or landing, no person may operate an aircraft below the following altitudes: **Applicant Seeks Exemption From The Requirements Of Section 91.121.**  Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part:

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

— (1) Below 18,000 feet MSL , to

— (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. **Applicant 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. **Applicant 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

— (208) 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[.] **Applicant 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[.] **Applicant Seeks Exemption From The Requirements Of Sections 91.409(a)(**  **1) And 91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by

§ 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **Applicant Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91. 411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

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

— (i ) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to servic e. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor.

## 7 (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (i ii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded 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 retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.


### The Extent Of Relief Applicant Seeks And The Reason Applicant Seeks The Relief. **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Section 61.113(a) And (b).** Relief from Section 61.101(e)(4) & (5) entitled Recreational pilot privileges and limitations, and 61.113(a) and (b) entitled Private pilot privileges and limitations: is request ed to the extent necessary to allow a PIC holding a recreational pilot or higher level certificate, as well as a current and valid airman medical certificate , or valid U.S. driver’s license issued by a state , District of Columbia, Puerto Rico, a territory , a possession, or the Federal Government , and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. As set forth more full y below, Applicant submits that an equivalent level of safety will be maintained because no PI C will be allowed to operate the DJ I Phantom 3 Professional and DJ I In spire 1 UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PI C is able to safely operate either the DJIPhantom 3 Professional and DJ I Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Applicant submits that all flights of the DJIPhantom 3 Professional and DJ I Inspire 1 UAS s, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Applicant ’ s business; and (2) will not carry passengers or property for compensation or hire. **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **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 Applicant to determine that the DJ I Phantom 3 Professional 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., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional and DJ I Inspire 1 Instruction M anual). Applicant seeks the requested relief because the DJIPhantom 3 Professional 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, Applicant will ensure that the DJ I Phantom 3 Professional and DJIInspire 1 UAS s are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 3 Professional and DJIInspire 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

## 8 **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Section 91.119 €**  **.** Relief from Section 91.119 € , entitled Minimum Safe Altitudes: General , as the DJ I Phantom 3 Professional and DJIInspire 1 UAS operate at low altitudes of 400 feet or less. **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Section 91.121 .**  Relief from Section 91.121 , entitled Altimeter settings , may be required to allow flight operations of the DJ I Phantom 3 Professional and DJIInspire 1 UAS s, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any altitude information c oncerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Applicant seeks the requested relief because the DJ I Phantom 3 Professional and DJ I Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rath er than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display of the GCS. **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJIPhantom 3 Professional and DJ I Inspire 1 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Applic ant seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 3 Professional and DJ I Inspire 1 UAS will severel y constrain the practicality of any aerial video or still photo flight operations that Applicant proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 3 Professional and DJIInsp ire 1 operating documents, and Applicant ’s proposed operating limitations, ensure that Applicant will safely operate the battery

powered DJ I Phantom 3 Professional and DJ I Inspire 1 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **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) onl y appl y to aircraft with an airworthiness certificate, Applicant requests relief from these Sections because the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional and DJIInspire 1 UAS s meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Applicant will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS s using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 3 Professional and DJ I Inspire 1 Instruction Manual). Furthermore, Applicant will document and maintain all maintena nce records for the DJ I Phantom 3 Professional and DJI Inspire 1 UAS s.



### The Reasons Why Granting Applicant Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A W hole. Granting the present Petition will further the public interest b y allowing Applicant to safel y, efficiently , and

## 9 economicall y perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States. A dditionally , use of the DJIPhantom 3 Professional and DJ I Inspire 1 UAS s will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Applicant ’s proposed operation of the DJ I Phantom 3 P rofessional and DJ I Inspire 1 UAS s will be realized without implicating any privacy

issues. **The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 3 Professional and DJ I Inspire 1 UAS 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 3 Professional and DJIInspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property i n the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJ I Phantom 3 Professional and DJ I In spire 1 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operatio ns. **The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 Professional**  **and DJI**  **Inspire 1 UAS**  **s.** Conducting aerial acquisitions with the DJIPhantom 3 Professional and DJ I In spire 1 UAS s, instead of manned aircraft, will greatl y 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 DJIPhantom 3 Professional and DJ I Inspire 1 UAS s produce no air pollution, and is the most viable environmentally

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typicall y utilized for aerial video and p hotography , while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJIPhantom 3 Professional and DJ I Inspire 1 UAS , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propel led b y battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 3 Professional and DJ I In spire 1 UAS s to perform aerial acquisitions, the substantial risk to life and property i n the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJIPhantom 3 Professional and DJ I Inspire 1 UAS (weighing approximately

2 pounds 11 ounces and 6 pounds 7.5 ounces respectivel y, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectivel y, widths of 16 inches and 17.7 inches respectivel y, and with no fuel on board), has less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty picall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length o f 34 feet, and a fuel capacity of 180 gallons). **Performing Aerial Video and Photography Operations With The DJI Phantom 3 Professional**  **and DJI Inspire 1**  **UAS s Will Benefit The**  **Economy.** In addition to being safe and efficient, the DJ I Phantom 3 Professional and DJIInspire 1 UAS s are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJIPhantom 3 Professional and DJ I Inspire 1 UAS s will allow United States based companies, like Applicant , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operate d companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJ I Phantom 3 Professional and DJIInspire 1 UAS s is one such technology

that not only

allows companies greater operational flexibility comp ared to manned aircraft, but provides such flexibility

without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 Professional and DJIInspire 1 UAS s, companies such as Applicant , can remain competitive and profitab le, and therefore, provide greater job stability to employees and contractors, which will

## 10 ultimately

contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the DJ I Phantom 3 Professional 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. **There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Applicant ’s proposed operation of the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s will not implicate any privacy issues. Specificall y, the DJIPhantom 3 Professional and DJ I Inspire 1 UAS s will be operated onl y in compliance with operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional or DJ I Inspire 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

### The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Applicant Seeks Exemption.
**Reasons Why The DJI Phantom**  **3 Professional and**  **DJI Inspire 1**  **UAS 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, Applicant ’s operation of the DJ I Phantom 3 Professional and DJIInspire 1 UAS s meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Speci fically , FMRA Section 333 states the following, in part: (a ) In General.

—

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

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

— (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and popula ted 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). € Requirements for Safe Operation.

— If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Applicant submits that the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the DJ I Phantom 3 Professional and DJIInspire 1 UAS s; (b) the pilot certification requirement; and (c) the specific operating limitations.

208. **The Specifications Of The DJI Phantom 3 Professional**  **and DJI Inspire 1 UAS**  **s Demonstrate Its Safe Characteristics.**  The DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s do not create a hazard to users of the NAS or the

## 11 public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. 208. **Technical Specifications Of The DJI Phantom 3 Professional**  **, and**  **DJI Inspire 1 UAS**  **s.** The technical specifications of the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s are set forth by the DJ I Phantom 3 Professional and DJ I Inspire 1 S pecifications and Data Sheet, attached hereto as Appendix A and B

. **ii. The DJI Phantom 3**  **Professional ,**  **and DJI**  **Inspire 1 UAS**  **s Autonomous Flight And Navigation Modes Enable The**  **UAS s To Remain Within A Defined Operational Area.**  The DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 3 Professional and DJIInspire 1 UAS s is provided at pages 23

- 29 and 39

- 47 of the DJ I Phantom 3 Professional , and pages 12

- 17 and 45

- 51 of the DJ I Inspire 1 User Manuals, attached hereto as Appendix C and D

. **iii. The DJI Phantom 3 Professional**  **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 Link is lost, the DJIPhantom 3 Professional and DJ I Inspire 1 UAS will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 Professional and DJI Inspire 1 UAS do 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 DJ I Phantom 3 Professional UAS are set forth at page 14 of Phantom 3 User manual, and for the DJIInspire 1 at page 15 of the DJ I Inspire 1 User Manual , attached hereto as Appendix C and D

. **iv. The DJI Phantom 3 Professional**  **and DJI**  **Inspire 1 GCS And Its Operation.**  A complete description of the operation and specifications of the DJ I Phantom 3 Professional and DJI Inspire 1 GCS and flight control software is provided at pages 3 5 through 4 7 of the DJ I Phantom 3 Professional User Manual and pages 4 4 through 52 of the DJ I Inspire 1 User Manual. DJ I Phantom 3 Professional and DJ I Inspire 1 User Manuals are attached hereto as Appendix C and D

. **b. Flight Operations Of DJI Phantom 3 Professional**  **and DJI Inspire 1 UAS**  **s Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  Applicant will only

utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s. Additionally , a safety observer will assist all pilots during flight time. **c. Flights Of DJI Phantom 3 Professional**  **and DJI Inspire 1 UAS**  **s Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, Applicant proposes to c ommerciall y operate DJI Phantom 3 Professional 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 UAS s weighing less than 55 pounds maximum gross weight: DJIPhantom 3 Professional and DJ I Inspire 1 Unmanned Aircraft S ys tems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video, photography and data collection

. 3. The UAS may

not be flown at an indicated airspeed exceeding 5 0 knots. 4. The UA must be operated at an altitude of no more than 5 00 feet above ground level (AGL), as indicated b y 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 UAS must be operated within visual line of sight (VLOS) of the PI C at all time s. This requires the PI C to be able to use human vision unaided by any device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate.

## 12

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 PI C alway s maintains VLOS capability . 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 obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may

update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspecti on 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 in cluded 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 alterations 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 ac count for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS s 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 PI C must possess at least a recreational pilo t certificat e and at least a current third

- class medical certificate or valid U.S. driver’s license issued by a state , District of Columbia, Puerto Rico, a territory , a possession, or the Federal Government

. 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 safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including eva sive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C 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 oper ator’s PI Cs are permitted under the terms of the exemption. However, training operations may

onl y be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operation s are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in

## 13

accordance 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 mus t be conducted under visual meteorological conditions (VMC). I f flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 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 accordance with a NOTAM as required b y 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 500 feet below or less than 2,000 feet horizontally from a cl oud 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 op erating 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 weather conditio ns) there is enough power to fl y at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 2 5 . 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. 2 6 . Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply

with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 2 7

. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any l aw enforcement official up on request. 2 8 . The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 29 . The UAS may

not be operated b y the PIC from any moving device or vehicle. 3 0 . 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 suffic iently 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. I f 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 m ade 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 pers ons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 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 Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

## 14 **Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely**  **Affect Safety.** Applicant submits that the equivalent level of safety established b y Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 Professional or DJ I Inspire 1 UAS s unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 3 Professional or DJIInspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Applicant ’s proposed area of operations, and the operating limitations s et forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safel y operate the DJ I Phantom 3 Professional or DJIInspire 1 UAS , Applicant submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Applicant ’s specific proposed flight operations. The FAA has previously

granted rel ief from Section 61.101(e)(4) and (5), and 61.113(a) and (b) 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, 11158, 11159, 11160, 11161). Applicant will not allow any PIC to operate the DJIPhantom 3 Professional or DJ I Inspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 3 Professional or DJ I Inspire 1 UAS training and currency requirements, that the PI C is able to safely operate the DJ I Phantom 3 Professional or DJ I Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Spec ificall y, prior to conducting operations for the purpose of motion picture filming, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 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 ensure an equivalent level of safety during Applicant ’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 UA S 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

- rotor time and the 10 hours may be included in 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 requirem ents in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary

to safel y conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained 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 fli ghts 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, Applicant will ensure safe operations by not allowing any P IC to operate the DJ I Phantom 3 Professional or DJ I Inspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Phantom 3 Professional or DJ I Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

## 15 **Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adverse ly Affect**  **Safety.** The equivalent level of safety established b y Section 91.7(a) will be maintained because prior to every flight, Applicant will ensure that the DJIPhantom 3 Professional or DJ I Inspire 1 UAS is in an airworthy condition based upon the UA S ’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previously granted relief from Section 91.7(a) specific to UAS , in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **Reasons Why A n Exemption From The Requirements Of Section**  **91.119 €**  **and 91.121 Would Not**  **Adversely Affect Safety.** The equivalent level of safety established b y Section s 91.119 € and 91.121 will be maintained because the altitude information of the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combin ed with Applicant ’s operation of the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS within vis ual line of sight, at or below 5 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equip ment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by

the UAS s at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS , in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **Reasons Why An Exemp**  **tion 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 3 Professional and DJ I Inspire 1 UAS s; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, Applicant will ensure that it will safely operate the battery

powered DJ I Phantom 3 Professional and DJIInspire 1 UAS 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 3 Professional and DJI Inspire 1 UAS s; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent lev el of safety established by

14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJ I Phantom 3 Professional and DJIInspire 1 UAS s provide audible and visual warnings to the PI C at the GCS when the UAS experiences low battery voltage, th e first warning occurring at approximately 33% remaining battery

power, and again at approximately 10% remaining battery

power. At the criticall y low battery level, the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s will descend and land automaticall y. 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, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.**  In seeking this exemption, Applicant submits that the equivalent level of safety wi th 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 Applicant will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS s using the methods, techniques, and practices prescribed in the operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and DJ I

## 16 Phantom 3 Professional and DJIInspire 1 Instruction Manual). Furthermore, Applicant will document and maintain all maintenance records for the DJ I Phantom 3 Professional and DJIInspire 1 UAS s. Since the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s will be inspected as p rescribed b y the operating documents, Applicant will maintain the equivalent level of safety established by

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of the DJ I Phantom 3 Professional and DJIInspire 1 User Manuals are attached hereto as Appendix C and D ; a cop y of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAS Maintenance LOG is attached hereto as Appendix E. Likewise, the exemption sought will not adversel y affect safety because Applicant will 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 b y Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the month ly maintenance log. 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 adversely affected when the technical characteristics and operat ing limitations of the UAS are considered. In consideration of Applicant ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 Professional and DJ I In spire 1 UAS s, Applicant submits that safety will not be adversel y 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 al l 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). **The FAA May Prescribe 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 , Applicant requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 3 Professional 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 by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 ( a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United St ates for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority

for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for op eration of the DJIPhantom 3 Professional and DJ I Inspire 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 the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or p ropeller, 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 s tandards for the aircraft, aircraft engine or propeller as the FAA find s necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for the Applicant intended operation of the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Secti ons 61.101(e)(4) and (5), 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 Summary That Can Be Published In The Federal Register,**  **stating: The Rules From Which Applicant**  **Seeks Exemption:**

## 17 Applicant seeks exemption from the requirements of 14 C.F.R Sections 61.101(e) (4 ) & (5), 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 Applicant**  **Seeks:** This exemption will permit Applicant to commercially operate an Unmanned Aircraft System ( UAS ) for the purpose of conducting aerial video and photography over certain areas of the United States.

 **Any Additional Information, Views, Or Argum ents Available To Support**  **Applicant ’s**  **Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safel y in the NAS. As such, Applicant ’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 w ill create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Applicant will operate the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.


### CONCLUSION As set forth herein, Applicant seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom 3 Professional and DJ I Inspire 1 UAS s commercially , without an airworthiness certi ficate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 201 2, while also advancing the interests of the public, by allowing Applicant to safely , efficiently , and economicall y operate the DJIPhantom 3 Professional and DJ I Inspire 1 UAS s commercially within the NAS. WHEREFORE , in accordance with the Federal Aviati on Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Applicant respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.101(e)(4) & (5), 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 the Applicant to operate the DJ I Phantom 3 Professional and DJ I In spire 1 UAS s commercially for the purpose of conducting aerial video and photograp hy over certain areas of the United States.
Respectfully

submitted,

Northwest Sky

Vision, LLC Daniel D. Nelson 372 S. Eagle Road #330 Eagle, Idaho 83616 208

- 340

- 2942 dnelson@northwestskyvision.com

APPENDIX

– A

**DJI PHANTOM 3 PROFESSIONAL Technical Specifications**

## 18

DJIPhantom 3 Professional
Aircraft :  Weight (Battery

& Propellers included) 1280g (2.82 lbs)
 Diagonal size 590mm
 Max. Ascent speed 5 m/s (984 ft/min)
 Max Descent speed 3 m/s (590 ft/min)
 Max speed 16 m/s (35.79 mph) ATTI mode, no wind
 Max flight altitude 6000m (19685 ft)
 Max flight time Approximately 23 minutes
 Operating temperature 0 to +40 deg (C) , 32 to 104 deg (F)
 GPS Modes GPS/GL ONASS
 Gimbal controllable range Pitch

- 90 t o +30 degrees Camera:
 Sensor Sony EXMOR 1⁄2.3” 12.4M
 Lens FOV 94 deg. 20mm f/2.8
 ISO Range 100

- 3200 (video) 100

- 6000 (photo)
 Electronic shutter speed 8s

– 1/8000s
 Image Max. Size 4000 x 3000
 Supported SD Card Micro SD, Max. cap 64GB CL

- 10 or UHS

- 1
 Max. Bitrate video 60 Mbps
 Operating Temperature range 0 to +40 deg (C) , 32 to 104 deg (F) Battery :  Model/ Part Number PH3

- 4480 mAh

- 15.2V
 Capacity 4480 mAh
 Voltage 15.2V
 Battery

Ty pe LiPo 4S
 Energy 68 Wh
 Net Weight 365 g
 Operating Temperature

- 10 to +40 deg ( C), 14 to 104 deg (F)
 Max. Charging Power 100 W Remote Controller:
 Operating Frequency 2.400 GHz

– 2.483 GHz
 Transmitting Distance 2000 m (outdoor and unobstructed)
 Operating Temperature 0 to +40 deg (C) , 32 to 104 deg (F)
 Transmitter Power (EIRP) FCC: 20 dbm; CE: 16 dbm
 Battery 6000 mAh LiPo 2S

APPENDIX

– B

**DJI INSPIRE 1**  **Technical Specifications**

## 19

DJI Inspire 1
Aircraft:
 Weight (Battery

& Propellers included) 2935 g ( 6.47 lbs)
 Diagonal Size 559mm to 581mm
 Max. Ascent speed 5 m/s (984 ft/min)
 Max Descent speed 4 m/s ( 787 ft/min)
 Max speed 22 m/s ( 49.2 mph) ATTI mode, no wind
 Max flight altitude 4500 m (1 4763 ft)
 Max flight time Approximately 18 minutes
 Operating temperature

- 1 0 to +40 deg (C) , 14 to 104 deg (F)
 GPS Modes GPS/GL ONASS
 Gimbal controllable range Pitch

- 90 to +30 degrees , PAN 320 deg Camera:
 Gimbal Zenmuse X5
 Lens FC350
 ISO Range 100

- 25600
 Electronic shutter speed 8s

– 1/8000s
 Image Max. Size 4 608 x 3 456
 Supported SD Card Micro SD, Max. cap 64GB CL

- 10 or UHS

- 1
 Max. Bitrate video 60 Mbps
 Operating Temperature range 0 to +40 deg (C) , 32 to 104 deg (F) Battery :  Model/ Part Number TB47 (optional TB48)
 Capacity 4500 mAh (TB47), 5700 mAh(TB48)
 Voltage 22.8 V
 Battery

Ty pe LiPo 6 S
 Energy 99.9(TB47), 129.96 Wh (TB48)
 Net Weight 670 g  Operating Temperature

- 10 to +40 deg (C), 14 to 104 deg (F)
 Max. Charging Power 180 W Remote Controller:
 Operating Frequency 2.400 GHz

– 2.483 GHz
 Transmitting Distance 2000 m (outdoor and unobstructed)
 Operating Temperature

- 1 0 to +40 deg (C ) , 14 to 104 deg (F)
 Transmitter Power 9W
 Battery 6000 mAh LiPo 2S

APPENDIX

– C

## 20 **DJI Phantom 3 Professional Manufacturers User**  **Manual**

Manufacturer site for latest revision: http://www .dji.com/product/phantom

- 3/download

## 21 APPENDIX

– D

**DJI INSPIRE 1 Manufacturers User**  **Manual**
Manufacturer site for latest revision: http://www.dji.com/product/inspire

- 1/download

## 22 APPENDIX

– E

**DJI Phantom 3 Professional & DJI INSPIRE 1 Monthly Maintenance Log**

Month:_________ Year:________

UAS #__________ Date issue Discovered Date Issue

Addressed Issue (Description & Maintenance performed Maintenance Performed by: (Print & Sign name) Software updates Airframe Engines Propellers Camera/Gimbal Landing Gear Vibration Dampening Other:___________ Other:___________ Other:___________

General Notes:

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