## U NITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: SkyPOV Media, LLC

Federal Employer ID #: 47

- 5665118

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2 ), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF a) DJI PHANTOM 2 VISION+ and b) DJI INSPIRE 1 UNMANNED AIRCRAFT

SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on December, 15th, 2015

SkyPOV Media, LLC George Brandon Reed, II 51755 Hwy 25 Vandiver, Al 35176

bandsreed@bellsouth.net

1

## TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS ................................................................................3

SUMMARY ..................................................................................................................... ...4

INTRODUCTION AND INTERESTS OF PETITIONER.... .............................................4

BACKGROUND................................................................................................................5

BASIS FOR PETITION .....................................................................................................5

NAME AND ADDRESS OF PETITIONER ..................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH, SkyPOV Medi a, LLC SEEKS EXEMPTION..............................................................7

THE EXTENT OF RELIEF SkyPOV Media, LLC SEEKS AND THE REASON SkyPOV Media, LLC SEEKS THE RELIEF ................................................10

THE REASONS WHY GRANTING SkyPOV Media, L LC’S REQUEST WOULD BE IN THE PUBLIC INTEREST ...................................................13

THE REASONS WHY GRANTING THE EXEMPTION

WOULD NOT ADVERSELY AFFECT SAFETY.............................................................16

CONCLUSION......... .........................................................................................................26

2GLOSSARY 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 System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unma nned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing 3

## SUMMARY

SkyPOV Media, LLC seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit SkyPOV M edia, LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for real estate photography, wedding videography, special events, film sets and landscape over certain areas of the

United States.



## INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is George Brandon Reed, II of SkyPOV Media, LLC a Federally recognized LLC. It is my mission to provide my clients with expertise and knowledge in all aspects of picture, video & audio production, as w ell as provide them with advanced technologies & solutions that will increase efficiency, productivity and effectiveness. SkyPOV Media, LLC also provides clients with the highest quality digital content for use in their commercial, personal, and non

- profit multimedia projects.

SkyPOV Media, LLC has several years of professional experience in photography and videography and has expertise in this field. SkyPOV Media, LLC has 10 years of recreational/hobby experience in all aspects of aerial video and photogr aphy. I personally have been a pilot since 2005, with over 2000hrs of flight time, both Commercial and recreational. I've been an airport manager, corporate pilot, airline pilot, CFI, CFII, MEI, and I'm currently instructing the UAS program at Auburn Unive rsity. The objective of SkyPOV Media, LLC's aerial video and photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Real Estate Videography and Photography

• Wedding Videography and Photography

• Land survey & appraisals

• Equipment Inspections

• Roof Inspections

• Construction sites before & after

• Precision Agriculture

• Creation of commercial messages for Television.

• Search and Rescue Operations

• Motion Picture Filming

• Increase public knowledge of UAS and promote safe UAS operations. 4

## BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision+, and DJI Inspire 1 UAS

SkyPOV Media, LLC seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2 Vision+ and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision+ has a maxi mum 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 DJI Inspire 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 DJI Phantom 2 Vision+ and DJI Inspire 1 UAS are equipped with four

main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2 Vision+ and DJI Inspire 1 UAS that will be operated by Myself and other qualified pilots I may hire and 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 ma rked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking .



## BASIS FOR PETITION

Petitioner, SkyPOV Media, LLC, 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 Vision+, DJI Inspire 1 UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

aircraft and its operation, SkyPOV Media, LLC operations of DJI Phantom 2 Vision+ and DJI Inspire 1 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, Sub

- part H.

Accordi ngly, SkyPOV Media, LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply

to aircraft with an airworthiness certificate.

SkyPOV Media , LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. SkyPOV Media, LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the metho ds, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual). Furthermore, SkyPOV Media, LLC will document and

maintain all maintenance records for the D JI Phantom 2 Vision+ and DJI Inspire 1 UAS.

5Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and

limitations: Pilot in command , is requested by SkyPOV Media, LLC to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ and DJI 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.

SkyPOV Media, LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Sub

- part H. As such, SkyPOV Media, LLC submits that they will ensure that the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS are in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI I nspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight.

SkyPOV Media, LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS wil l not have a typical

barometric altimeter on

- board. However, altitude information of the DJI Phantom 2 Vision+ and DJI Inspire 1UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, whic h down

- links from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with SkyPOV Media, LLC's operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS within visual line of sight, at or below 500 feet AGL, w ill

ensure a level of safety equivalent to Section 91.121.

Additionally, SkyPOV Media, LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. SkyPOV Media, LLC submits that safety will

n ot be affected by operation of the DJI Phantom 2 Vision+ and DJI 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 minut es to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, SkyPOV Media, LLC provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is: George Brandon Reed, II C/O SkyPOV Media, LLC, 51755 Hwy 25 Vandiver, AL 35176, (205)

- 492

- 5846 bandsreed@bellsouth.net

6B. The Specific Sections Of 14 C.F.R. From Which SkyPOV Media, LLC Seeks Exemption.

1. SkyPOV Media, LLC Seeks Exemption From The Requirements Of Section Part 21, Sub

- part H 14 C.F.R. Part 21, Sub

- part H, establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1)

2. SkyPOV Media, LLC Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or

hire; nor may that person, for compens ation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry

passengers or property for compensation or hire.

3. SkyPOV Media, LLC Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No person

may ope rate a civil aircraft unless it is in an airworthy condition.

4. SkyPOV Media, LLC Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person

operat ing 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 ai rcraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

75. SkyPOV Media, LLC Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: (b) No person may begin a flight in a rotor

- craft 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 f or at least 20 minutes.

6. SkyPOV Media, LLC Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled Mainten ance required , subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in sub

- part 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[.]

7. SkyPOV Media, LLC Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

- (1) It has been approved for

return to service by a person authorized un der § 43.7 of this chapter[.]

8. SkyPOV Media, LLC Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of thi s 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 th is chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

89. SkyPOV Media, LLC Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

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

must include

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

(ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current st atus of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

9C. The Extent Of Relief SkyPOV Media, LLC Seeks And The Reason SkyPOV Media, LLC Seeks

The Relief.

CI. 1. SkyPOV Media, LLC Seeks Exemption From The Requirements Of Section Part 21, Sub

- part H Given the size and limited operating area associated with the UAS to be utilized by SkyPOV Media, LLC, an exemption from Part 21 Sub

- part 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 Re form 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.

In all ca ses, 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 rotor

- craft operating with a n airworthiness certificate without the restrictions and conditions of the proposed UAS operations.

2. Extent Of Relief SkyPOV Media, LLC Seeks And The Reason SkyPOV Media, LLC Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, SkyPOV Media, LLC submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+ UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and currency requirements, demo nstrating that the PIC is able to safely operate either the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaini ng appropriate distances from people, vessels, vehicles and structures.

10Further, SkyPOV Media, LLC submits that all flights of the DJI Phantom 2 Vision+ and DJI Inspire 1

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to SkyPOV Media, LLC business; and (2) will not carry passengers or property for compensation or hire.

3. Extent Of Relief SkyPOV Media, LLC Seeks And The Reason SkyPOV Media, LLC Seeks Relief From Section 91.7(a).

Relief fr om Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow SkyPOV Media, LLC to determine that the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the SkyPOV Media, LLC Aerial Operations Manual, Monthly Maintenance Log, and

DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual).

SkyPOV Media, LLC seeks the requested relief because the D JI Phantom 2 Vision+ and DJI Inspire 1 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Sub

- part H. Therefore, SkyPOV Media, LLC will ensure that the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS are in airworthy conditio n based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as st ated in the conditions

and limitations below.

4. Extent Of Relief SkyPOV Media, LLC Seeks And The Reason SkyPOV Media, LLC Seeks

Relief From Section 91.121.

Relief from Section 91.12 1, entitled Altimeter settings , may be required to allow flight operation s of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to down

- link altitude information from the UA to the PIC at the ground control station (GCS). Si nce the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL),

SkyPOV Media, LLC seeks the requested relief because the DJI Phantom 2 Vision+ and DJI Inspire 1

UAS a ltimeter 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 t o comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 Vision+ and DJI 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 PIC with altitude information of the UA on the heads

- up display of the GCS.

115. Extent Of Relief SkyPOV Media, LLC Seeks And The Reason SkyPOV Media, LLC 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 powere d DJI Phantom 2 Vision+ and DJI 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 fly after that for at least 4.5 minutes. SkyPOV Media, LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAS swill severely const rain the practicality of any aerial video or still photo flight operations that SkyPOV Media, LLC proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS, the DJI Phantom 2 Vision+ and DJI Inspire 1 operating documents, and SkyPOV Media, LLC's proposed operating limitations, ensure that we will safely operate the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAS during daylight hours in visua l 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

.

6. Extent Of Relief SkyPOV Media, LLC Seeks And The Reason SkyPOV Media, LLC Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, SkyPOV Media, LLC requests relief from these Sections because the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS do not require airworthiness certificates.

As set forth more fully below, the DJI Pha ntom 2 Vision+ and DJI Inspire 1 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, SkyPOV Media, LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on t he UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the SkyPOV Media, LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual). Furthermore, We w ill document and maintain all

maintenance records for the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS.

12D. The Reasons Why Granting SkyPOV Media, LLC Request Would Be In The Public Interest;That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing us to safely, efficiently, and economically perform aerial video and photography of, real estate, wedding films, special events, precision agricultur e, land survey & appraisal, construction sites, equipment & roof inspections, film sets and landscape over certain areas of the United States. Additionally, use of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of SkyPOV Media, LLC's proposed operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS will be realized without implicating any privacy

issues.

1. The Public Will Bene fit From Decreased Congestion Of The NAS. The DJI Phantom 2 Vision+ and DJI 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 2 Vision+ or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the s afety 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+ and DJI

I nspire 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 by air traffic control during the ground, takeoff, dep arture, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision+ and DJI Inspire 1 UAS.

Conducting aerial acquisitions with the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS ’s, i nstead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography , while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+ and DJI Inspire 1 UAS, while reducing 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.

13By using the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS to perform aerial acquisitions, the

substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated.

Aside from the lack of flight crew members located on

- board the aircraft, the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has le ss physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of

approximately 42 feet, a lengt h of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision+ and DJI Inspire 1 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+ and DJ I Inspire 1 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS will allow United States based companies, like SkyPOV Media, LLC, to re main competitive and contribute to growth of the U.S. Economy.

Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies mus t adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircra ft, but provides such flexibility without the

high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS, companies such as SkyPOV Media, LLC, can remain competitive and profitable, and therefore, provide greater job stability to employees

and contractors, which will ultimately contribute to growth of the U.S. Economy.

Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS, provi des 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, SkyPOV Media, LLC’s proposed operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS will be operated only in compliance with operating documents (i.e., the SkyPOV Media, LLC. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual) which req uires 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.

14E. The Reasons Why Granting The Ex emption 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 SkyPOV Media, LLC Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+ and DJI Inspire 1 UAS Meet The Conditions Of The

FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

2. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, SkyPOV Media, LLC’s operation of the DJI Pha ntom 2 Vision+ and DJI Inspire 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, Sub

- part H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in

part:

(a) In General.

- - Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace s ystem before completion of the plan and rule making 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 shal l determine, at a minimum

- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is requir ed for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, SkyPOV Media, LLC submits that the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS; (b) the pilot certification

requirement; and (c) the specific operating limitations.

15a. The Specifications Of The DJI Phantom 2 Vision+ and DJI Inspire 1 UAS Demonstrate Its Safe

Characteristics.

The DJI Phantom 2 Vision+ and DJI Inspire 1 UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national securi ty considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 Vision+ and DJI Inspire 1 UAS. The technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS are set forth by the DJI Phantom 2 Vision+ and DJI Inspire 1 Specifications and Data Sheet, attached hereto as Exhibit A and B.

ii. The DJI Phantom 2 Vision+ and DJI Inspire 1 UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area. The D JI Phantom 2 Vision+ and DJI Inspire 1 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+ and DJI Inspire 1 UAS are provided at pages 2341 of the DJ I Phantom 2 Vision+; and pages 12

- 18 and 45

- 52 of the DJI

Inspire 1 User Manuals, attached hereto as Exhibit C and D.

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

Home Point Or Hover In The Event Of Loss Of The Con trol Link Or Navigation. When the Control Link is lost, the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+ 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., fail

- safe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Fail

- safe Function s for the DJI Phantom 2 Vision+ UAS are set forth at pages 32 through 34 of the DJI Phantom 2 Vision+ User Manual; and for the DJI Inspire 1 at pages 13

through 15 of the DJI Inspire 1 User Manual, attached hereto as Exhibit C and D.

iv. The DJI Phantom 2 Vis ion+ and DJI Inspire 1 GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 GCS and flight control software is provided at pages 7 through 17 of the DJI Phantom 2 Vision+ User Man ual; and pages 24 through 34 of the DJI Inspire 1 User Manual. DJI Phantom 2 Vision+ and DJI Inspire 1 User

Manuals are attached hereto as Exhibits C and D.

b. Flight Operations Of DJI Phantom 2 Vision+ and DJI Inspire 1 UAS Are Limited To The Line Of

Sig ht Of A Certificated Pilot in Command With A Safety Observer.

SkyPOV Media, LLC will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2 Vision+ and DJI Inspir e 1

UAS. Additionally, a safety observer will assist all pilots during flight time. c. Flights Of DJI Phantom 2 Vision+ and DJI Inspire 1 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

16In seeking this exe mption, SkyPOV Media, LLC proposes to commercially operate DJI Phantom 2

Vision+ and DJI Inspire 1 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limi tations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotor

- craft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision+ and DJI Inspire 1 Unmanned A ircraft Systems. Proposed operations of

any other aircraft will require a new petition or a petition to amend this grant.

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

3. The UAS 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 is mad e and

approved by 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 PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as

specified on the PIC’s FAA

- issued airman medical certificate.

6. 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 satisfy the VLOS

r equirement as long as the PIC always maintains VLOS capability. The SO and PIC 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 ca nnot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoidin g 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 Admini strator 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 precede nce 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 docum ents.

1710. 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 pre

- flight inspection. All maintenance and alterations must be properly documented in the aircraft re cords.

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

12. The pre

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

documents.

13. The operator mus t 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 do cuments. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the

UAS to service.

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

16. The authorized person must make an entry in the aircraft record of the corrective action taken

against discrepancies discovered between inspec tions.

17. The PIC must possess at least a private pilot certificate and at least a current third class medical

certificate.

1818. The operator may not permit any PIC to operate unless the PIC meets the operator’s

qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessel s, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operation s may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate dist ance from nonparticipants in 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 must be conducted under visual meteorological conditions (VMC). If flight at night is require d, 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

c urrent 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 by the operator’s COA. The letter of agreement with the airport managemen t 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

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

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined 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 emergencies in accordance with the operating documents.

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

the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate 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 more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level a nd potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N Number) markings in accordance with 14 C.F.R. pa rt 45, Sub

- part C. Markings must be as large as practicable.

1927. 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 appropr iate government oversight agency requirements.

28. 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 A dministrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations 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 from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficien tly protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection

and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those

persons p er § 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 f or 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

.

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

SkyPOV Media, LLC submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UA S unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency m aneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

20Considering SkyPOV Media, LLC’s proposed area of operations, and the operating limitations set

forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS, SkyPOV Media, LLC submits that t he additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for SkyPOV Media, LLC.’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113( a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 111 61).

SkyPOV Media, LLC will not allow any PIC to operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS training and currency r equirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles an d structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotor

- craft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior docume nted flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during

SkyPOV Media, LLC's proposed operations. The Administrator has held that prior documented flight experience that was obtain ed 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 hav e accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotor

- craft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062,

the PIC 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 ad ditive; 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 rotor

- craft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landin gs in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations.

21The 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 flights the PIC is required to operate the UA with

appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No . 11138 at page 15. Accordingly, SkyPOV Media, LLC will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, tha t the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI 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.

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

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, SkyPOV Media, LLC will ensure that the DJI P hantom 2 Vision+ or DJI Inspire 1 UAS is in an airworthy condition based upon the UAS 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) s pecific 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).

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

The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI Phantom 2 Vision+ and DJI Insp ire 1 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which down

- links from the UAS to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with SkyPOV Media, L LC's operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed on bo ard the aircraft.

Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground

level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respect s, 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).

225. Reasons Why An Exemption From The Requirements Of S ection 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, SkyPOV Media, LLC will ensure that it will safely operate the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing

and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exempti on No. 11109, the technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R . Section 91.151(b).

Furthermore, safety will be ensured as the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximatel y 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom Vision+ and DJI Inspire 1 UAS will descend and land automatically.

Significantly, previous exemptions granted by th e FAA concerning Section 91.151 establish that safety is not adversely 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 prescri bed 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. 8 811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, SkyPOV Media, LLC submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.40 5(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because SkyPOV Media, LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescri bed in the operating documents (i.e., the SkyPOV Media, LLC's Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+and DJI Inspire 1 Instruction Manual). Furthermore, SkyPOV Media, LLC will document and maintain all

maintenance recor ds for the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS.

Since the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS will be inspected as prescribed by the operating documents, SkyPOV Media, LLC will maintain the equivalent level of safety established by

Section s 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 Vision+ and DJI Inspire 1 User Manuals are attached hereto as Exhibit C and D; a copy of the DJI Phantom 2 Vision+

and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit E.

23Likewise, the exemption sought will not adversely affect safety because we will use trained technicians

to perform maintenance, alterations or preventive maintenance on the UAS using the methods,

techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS will be performed by trained technicians. Maintenance will be documented and

maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) esta blish that safety is not adversely affected when the

technical characteristics and operating limitations of the UAS are considered.

In consideration of SkyPOV Media, LLC’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS, SkyPOV Media, LLC submits that safety will not be adversely affected by 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 prev iously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. 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, SkyPOV Media, LLC requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS, 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, Sub

- part 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 condu cting aerial video and photography over certain areas of the United States 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 thre at 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 conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS, 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 sub

- chapter do not contain adequate or appropriate safety standards for an aircr aft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Par t 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to

establish a level of safety equivalent to that established in the regulations.

24See 14 C.F.R. § 21.16. Ther efore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the

FAA may prescribe special conditions for Leading Edge ’s intended operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS, 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, Sub

- part H, and 14 C.F.R Sections61.113(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).

F. A Su mmary That Can Be Published In The Federal Register, stating:

The Rules From Which SkyPOV Media, LLC Seeks Exemption:

SkyPOV Media, LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption SkyPOV Media, LLC Seeks: This exemption will permit SkyPOV Media, LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose o f conducting aerial video and photography over certain areas of the United States. Any Additional Information, Views, Or Arguments Available To Support our Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Sect ion 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, SkyPOV Media, LLC’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate wit hout airworthiness certification. As discussed in detail above, SkyPOV Media, LLC will operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS safely in the NAS, without creating a hazard

to users of the NAS, or the public, or otherwise pose a threat to na tional security.

25Conclusion:

As set forth herein, SkyPOV Media, LLC seeks an exemption pursuant to 14 CFR 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom Vision 2+ and DJI Inspire 1 UAS commercially, without an airworthiness certificate, for the limited purpose of conduction aerial video and photography over certain areas of the United States. By granting this petition, the FAA administrato r will be fulfilling the congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interest of the public, by allowing SkyPOV Media, LLC to safely, efficiently, and economically operate the DJI Phantom 2+ and DJI Inspi re 1 UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulation and the FAA Modernization and Reform act of 2012, Section 333, SkyPOV Media, LLC respectfully requests that the Administrator grant this petition for an ex emption from the requirements of 14 CFR Sections 61,113(a)&(b), 91.7(a), 91,121, 91,151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)&(a)(2), and 91.417(a)&(b), and permit SkyPOV Media, LLC, leading edge to operate the DJI Phantom 2 Vision+ and DJI Inspire 1 U AS commercially for the purpose of conducting aerial video and photography over certain areas of the

United States.

Date: 12/15/2015 Respectfully Submitted SkyPOV Media, LLC

George Brandon Reed, II (205)

- 492

- 5846 51755 Hwy 25 Vandiver, Al 35176

26APPENDIX

– A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

SkyPOV Media, LLC only utilizes safe and reliable UAS. DJI is an industry leader in small UAS production. DJI UAS are loaded with ground breaking software enabling t he user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI soft ware provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 2 Vision+

1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery 1.1.1.2 Weight (Batte ry & Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

- 200 0 /s 1.1.1.5 Max Tilt Angel

- 35 0

1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 0
1.1.2.3 Controllable Range

– Pitch:

- 90 0

- 0 0
1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s

1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)

1.1.3.2 Sensor Size

– 1/2.3”

1.1.3.3 Effective Pixels

– 14M

1.1.3.4 Resolution

– 4384x3288 1.1.3.5 HD Video Recording

– 1080p30 & 720p 1.1.3.6 Recording Field of View

- 110 0 /85 0

1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz

1.1.4.2 Communication Di stance (unobstructed)

– FCC Compliance: 800m 1.1.4.3 Receiver Sensitivity (1%PER)

-- 93dBm

1.1.4.4 Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@3.7V

1.1.5 Range Extender 1.1.5.1 Operating Frequency

– 2412

- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m

1.1.5.3 Transmitter Power

– 20dBm 1.1.5.4 Power Consumption

– 2W

27APPENDIX

– B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

SkyPOV Media, LLC only utilizes safe and reliable UAS. DJI is an industry leader in small UAS production. DJI UAS are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked

monitor (smart phone/tablet devices)

2.2 DJI Inspire 1

2.2.1 Aircraft

2.2.1.1 Model

– T600 2.2.1.2 Weight (Battery Included)

– 6lbs 7.5291oz (2935g) 2.2.1.3 Hovering Accuracy (GPS Mode)

– Vertical: 0.5m; Horizontal: 2.5m 2.2.1.4 Max Angular Velocity

– Pitch: 3000/s; Yaw: 1500/s 2.2.1.5 Max Tilt Angle

- 350 2.2.1.6 Max Ascent Speed

– 5m/s 2.2.1.7 Max Descent Speed

– 4m/s 2.2.1.8 Max Speed

– 22m/s (ATTI mode, no wind

– NOT RECOMMENDE D) 2.2.1.9 Max Flight Altitude

– 4500m

2.2.1.10 Max Wind Resistance

– 10m/s 2.2.1.11 Max Flight Time

– Approximately 18 minutes

2.2.1.12 Motor Model

– DJI 3510 2.2.1.13 Propeller Model

– DJI 1345 2.2.1.14 Operating Temperature Range

– 140F to 1040F (

- 100C to 400C)

2.2.1.15 Dimensions

– 17 1⁄4” x 17 3⁄4” x 12”

2.2.2 Gimbal

2.2.2.1 Model

– ZENMUSE X3 2.2.2.2 Output Power (with camera)

– Static: 9W; In Motion: 11W 2.2.2.3 Operating Current

– Static: 750mA; In Motion: 900mA 2.2.2.4 Angular Vibration Range

- ±0.030 2.2.2.5 Mounting

– Detachable 2.2.2.6 Controllable Range

– Pitch:

- 900to +300; Pan: ±3200 2.2.2.7 Mechanical Range

– Pitch:

- 1250 to 450; Pan: ±3300 2.2.2.8 Max Controllable Speed

– Pitch: 1200/s; Pan: 1800/s

2.2.3 Camera

2.2.3.1 Name

– X3

2.2.3.2 Model

– FC350

2.2.3.3 Total Pixels

– 12.76 M

2.2.3.4 Effective Pixels

– 12.4M 2.2.3.5 Image Max Size

– 4000x3000 2.2.3.6 ISO Range

– 100

- 3200

282.2.3.7 Field of View

- 940

2.2.3.8 CMOS

– Sony EXMOR 1/2.3” 2.2.3.9 HD Video Recording

– UHD(4K):4096x2160p24/25, 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60 2.2.3.10 Operating Temperature Range

- 320F

- 1 040F (00C

- 400C)

2.2.4 Transmitter

2.2.4.1 Name

– C1 2.2.4.2 Operating Frequency

– 5.728

- 5.850GHz; 2.400

- 2.483GHz 2.2.4.3 Communicating Distance (unobstructed)

– 2000m 2.2.4.4 Output Power

– 9W 2.2.4.5 Operating Temperature Range

- 140F to 1040F (

- 100C to 400C) 2.2.4.6 Battery

– 600mAh LiPo

2S

APPENDIX

- C

DJI PHANTOM 2 VISION+ Manufacturer’s User Manual

User manual can be found at: http://www.dji.com/product/phantom

- 2

- vision/d ownload

APPENDIX

- D

DJI Inspire 1 Manufacturer’s User Manual

User manual can be found at: http://www.dji.com/product/inspire

- 1/download

29