UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

EARL D. HARRISON

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 2 VISION+ AND DJI Inspire 1+ AND DJI

SPREADING WINGS S800 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112­95)

Submitted on April 25, 2015

EARL D. HARRISON

1833 18th ST,

Santa Monica, CA 90404

(678)­201­4411
TABLE OF CONTENTS

Page

GLOSSARY OF

ABBREVIATIONS.................................................................................3

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

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

BACKGROUND................................................................................................................4

BASIS FOR

PETITION...........................................................................................................................5

NAME AND ADDRESS OF PETITIONER...........................................................8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH EARL D.

HARRISON SEEKS EXEMPTION......................................................................8

THE EXTENT OF RELIEF EARL D. HARRISON SEEKS AND THE REASON

EARL D.HARRISON SEEKS THE RELIEF..........................12

THE REASONS WHY GRANTING EARL D. HARRISON REQUEST

WOULD BE IN THE PUBLIC INTEREST ......................................................16

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY......................................................................20

CONCLUSION.................................................................................................................39
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 System

NOTAM Notice to Airman

PIC Pilot In Command

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

Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
SUMMARY

Earl D. Harrison 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 Earl

D. Harrison to operate an Unmanned Aircraft System (UAS) for the commercial purpose

of conducting aerial video and photography, cell tower land and infrastructure inspection

for civil operations within the United States of America.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Earl D. Harrison, I am 22 years old. I live in Santa Monica,

California. I have been flying model airplanes, helicopters and UAS for nearly 14 years.

I also am a skilled computer programmer. My areas of interests include film, flying, and

designing and construction of custom made UAS. I am an actively involved member of

my community. I am currently obtaining an LLC for an aerial film and photography

business called Peak Perspective, that I am aiming to focus around site inspections and

land surveying.

The objective of Peak Perspective will be to provide civil land surveying and

various types of construction inspections. This includes power lines, cell towers, and

agriculture systems.

BACKGROUND

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

Wings S800 UAS's

Earl D. Harrison seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 2 Vision+, DJI Inspire 1+,DJI Spreading Wings

S800 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA). These UAS’s

use a Ground Control Station (GCS), displayed on an electronic tablet or smartphone.

The DJI Phantom 2 Vision+ has a maximum gross weight of approximately 2 pounds 11

ounces, 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 Spreading Wings S800+
weighs 8 pounds 2 ounces, is 35 inches in length, 18 inches in width and 12.5 inches in

height, has a maximum gross weight 12 pounds 3.8 ounces, and Has a maximum speed of

approximately 56 knots. The DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading

Wings S800 UAS’s are equipped with four main rotors; driven by Lithium Polymer

battery powered electric motors.

The DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800 UAS

that will be operated by Earl D. Harrison 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, Earl D. Harrison, 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+, and DJI Spreading Wings S800 UAS's 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, Earl D. Harrison operation of DJI Phantom

2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800 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.

Accordingly, Earl D. Harrison 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.

Earl D. Harrison submits that the requested relief is proper since an equivalent

level of safety will be ensured. Earl D. Harrison 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 DJI Phantom 2 Vision+ DJI Inspire 1+ and DJI

Spreading Wings S800 Instruction Manual). Furthermore, Earl D. Harrison will

document and maintain all maintenance records for the DJI Phantom 2 Vision+, DJI

Inspire 1+, and DJI Spreading Wings S800 UAS's.

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

pilot privileges and limitations: Pilot in command, is requested by Earl D. Harrison 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+, DJI Inspire 1+, and DJI Spreading Wings S800

UAS's in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.
Earl D. Harrison seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading

Wings S800 UAS's do not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. As such, Earl D. Harrison submits that he will ensure that the

DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800 UAS's are in an

airworthy condition, prior to every flight, by determining that the UAS's are in

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2 Vision+, DJI Inspire 1+, DJI Spreading Wings S800 Instruction Manual), and

that the aircrafts are in a condition for safe flight.

Earl D. Harrison also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings, as the DJI Phantom 2 Vision+, DJI Inspire 1+, and

DJI Spreading Wings S800 UAs will not have a typical barometric altimeter onboard.

However, altitude information of the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI

Spreading Wings S800 UAs will be provided to the PIC via Global Positioning System

(GPS) equipment and radio communications telemetry data link, which downlinks from

the UA to the GCS for active monitoring of the flight path. This altitude information,

combined with Earl D. Harrison’s operation of the DJI Phantom 2 Vision+ and DJI

Inspire 1+ and DJI Spreading Wings S800 UAS's within visual line of sight, at or below

500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Earl D. Harrison seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Earl D.

Harrison submits that safety will not be affected by operation of the DJI Phantom 2
Vision+ and DJI Inspire 1+ and DJI Spreading Wings S800 UAS’s 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 14.5 minutes 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, Earl D. Harrison 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:

Earl D. Harrison

1833 18

th Street

Santa Monica, CA 90404

678­201­4411

Email: dunharrison92@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which Earl D. Harrison Seeks

Exemption.

1. Earl D. Harrison 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 compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or 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.

2. Earl D. Harrison Seeks Exemption From The Requirements Of Section

91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the

following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Earl D. Harrison Seeks Exemption From The Requirements Of Section

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight

level of that aircraft, as the case may be, 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.

4. Earl D. Harrison 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.
5. Earl D. Harrison Seeks Exemption From The Requirement Of Section

91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the

following: Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and

shall between required inspections, except as provided in paragraph (c) of this

section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Earl D. Harrison 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 under §

43.7 of this chapter[.]

7. Earl D. Harrison 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.

8. Earl D. Harrison 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 100­hour, 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 status of life­limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, 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.
C. The Extent Of Relief Earl D. Harrison Seeks And The Reason Earl D. Harrison

Seeks The Relief.

1. Extent Of Relief Earl D. Harrison Seeks And The Reason Earl D. Harrison

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 flight­hour 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, Earl D. Harrison submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2

Vision+ UAS, DJI Inspire 1+, UAS, or DJI Spreading Wings S800 UAS unless that PIC

has met certain flight­hour and currency requirements, demonstrating that the PIC is able

to safely operate either the DJI Phantom 2 Vision+, DJI Inspire 1+, or DJI Spreading

Wings S800 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, Earl D. Harrison submits that all flights of the DJI Phantom 2 Vision+,

DJI Inspire 1+, and DJI Spreading Wings S800 UAS's, conducted by the PIC pursuant to
the grant of this Petition: (1) will be incidental to Earl D. Harrison's business; and (2) will

not carry passengers or property for compensation or hire.

2. Extent Of Relief Earl D. Harrison Seeks And The Reason Earl D. Harrison

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 Earl D. Harrison to determine that the DJI Phantom 2

Vision+, DJI Inspire 1+, and DJI Spreading Wings S800 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 Earl D. Harrison Aerial Operations Manual, Monthly

Maintenance Log, DJI Phantom 2 Vision+ and DJI Inspire 1+, and DJI Spreading Wings

S800 Instruction Manual).

Earl D. Harrison seeks the requested relief because the DJI Phantom 2 Vision+,

DJI Inspire 1+, and DJI Spreading Wings S800 UAS's do not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Earl D. Harrison

will ensure that the DJI Phantom 2 Vision+, DJI Inspire 1+ and DJI Spreading Wings

S800 UAS's are in airworthy condition based upon its compliance with the operating

documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Inspire 1+,

and DJI Spreading Wings S800, 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.

3. Extent Of Relief Earl D. Harrison Seeks And The Reason Earl D. Harrison

Seeks Relief From Section 91.121.
Relief from Section 91.121, entitled Altimeter settings, may be required to allow

flight operations of the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings

S800 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

PIC at the ground control station (GCS). Since the FAA requires that any altitude

information concerning UAS operations be reported to air traffic control (ATC) in feet

above ground level (AGL), Earl D. Harrison seeks the requested relief because the DJI

Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800 UA’s altimeter may

be set on the ground to zero feet AGL, rather than the local barometric pressure or field

altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the 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+, DJI Inspire 1+, and DJI Spreading

Wings S800 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 heads­up

display of the GCS.

4. Extent Of Relief Earl D. Harrison Seeks And The Reason Earl D. Harrison

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 DJI

Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800 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. Earl D. Harrison 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+, DJI Inspire 1+, and DJI

Spreading Wings S800 UAs will severely constrain the practicality of any aerial video or

still photo flight operations that Earl D. Harrison proposes to conduct pursuant to this

Petition.

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

Vision+, DJI Inspire 1+, and DJI Spreading Wings S800 UAS's, the DJI Phantom 2

Vision+, DJI Inspire 1+, and DJI Spreading Wings S800 operating documents, and Earl

D. Harrison’s proposed operating limitations, ensure that Earl D. Harrison will safely

operate the battery powered DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading

Wings S800 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.

5. Extent Of Relief Earl D. Harrison Seeks And The Reason Earl D. Harrison

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, Earl D. Harrison requests relief

from these Sections because the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI
Spreading Wings S800 UAS's do not require airworthiness certificates. As set forth more

fully below, the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800

UAS's meet the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, Earl D. Harrison 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 Earl D.

Harrison Aerial Operations Manual, Monthly Maintenance Log, and the DJI Phantom 2

Vision+, DJI Inspire 1+, and DJI Spreading Wings S800, Instruction Manual).

Furthermore, Earl D. Harrison will document and maintain all maintenance records for

the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800, UAS's.

D. The Reasons Why Granting Earl D. Harrison 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 Earl D.

Harrison to safely, efficiently, and economically perform aerial video and photography of

construction sites, real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI

Spreading Wings S800, UAS's will decrease congestion of the NAS, reduce pollution,

and provide significant benefits to the economy. Notably, the benefits of Earl D.

Harrison’s proposed operation of the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI

Spreading Wings S800, UAS's will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.
The DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800,

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+, DJI Inspire 1+, or DJI Spreading Wings S800, 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 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+, DJI Inspire 1+, and DJI Spreading Wings S800 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, departure, arrival, and landing phases of

flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI

Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800

UAS's.

Conducting aerial acquisitions with the DJI Phantom 2 Vision+, DJI Inspire 1+,

and DJI Spreading Wings S800 UAS's, instead 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+, DJI Inspire 1+, and DJI Spreading

Wings S800 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 typically utilized for aerial video and photography, while burning approximately

20­30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+, DJI Inspire

1+, and DJI Spreading Wings S800 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.

By using the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings

S800 UAS's 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 onboard the aircraft, the DJI Phantom 2 Vision+, DJI Inspire

1+, and DJI Spreading Wings S800 UAs (weighing approximately 2 pounds 11 ounces

and 6 pounds 7.5 ounces and 8 pounds 2 ounces respectively, at their maximum gross

weights with lengths of 16 inches and 17.3 inches and 35 inches respectively, widths of

16 inches and 17.7 inches and 18 inches respectively, and with no fuel on board), has less

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 length of 34

feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI

Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800 UAS's

Will Benefit The Economy.
In addition to being safe and efficient, the DJI Phantom 2 Vision+, DJI Inspire 1+,

and DJI Spreading Wings S800 UAS's are also an economical alternative to using

manned aircraft to conduct similar aerial operations. As such, operation of the DJI

Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800 UAS's will allow

United States based companies, like Earl D. Harrison and Peak Perspective LLC, 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 operated companies must

adopt new and alternative technology in order to remain competitive. Operating the

battery powered DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800

UAS's is one such technology that not only allows companies greater operational

flexibility compared to manned aircraft, but provides such flexibility without the high

operational cost of a traditional manned aircraft.

By operating the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading

Wings S800 UAS's, companies such as Earl D. Harrison, 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+,

DJI Inspire 1+, and DJI Spreading Wings S800 UAS's, provides a stable workforce that

increases consumer spending; improves local, state, and federal tax revenues; and allows

companies to invest in research and development in order to remain competitive both in

the United States and abroad.
4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for

decades, Earl D. Harrison’s proposed operation of the DJI Phantom 2 Vision+, DJI

Inspire 1+, and DJI Spreading Wings S800 UAS's will not implicate any privacy issues.

Specifically, the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800

UAS's will be operated only in compliance with operating documents (i.e. Monthly

Maintenance Log, and the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading

Wings S800, 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.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety,

Or How The Exemption Would Provide A Level Of Safety At Least Equal To

That Provided By The Rule From Which Earl D. Harrison Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI

Spreading Wings S800 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, Earl D. Harrison’s operation of the DJI

Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800 UAS's meet the

regulation and 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.

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 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

populated areas, and operation within visual line of sight do not create

a hazard to users of the national airspace system or the public or pose

a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, United

States Code, is required for the operation of unmanned aircraft

systems identified under paragraph (1).

(c) Requirements for 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, Earl D. Harrison submits that the DJI Phantom 2

Vision+, DJI Inspire 1+, and DJI Spreading Wings S800 UAS's can operate safely in the

NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the

DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800 UAS's; (b) the

pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision+, DJI Inspire 1+, and

DJI Spreading Wings S800 UAS's Demonstrate Its Safe Characteristics.
The DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800

UAS's do not create a hazard to users of the NAS or the public, or otherwise pose a threat

to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 Vision+, DJI

Inspire 1+, and DJI Spreading Wings S800 UAS's.

The technical specifications of the DJI Phantom 2 Vision+, DJI Inspire 1+, and

DJI Spreading Wings S800 UAS's are set forth by the DJI Phantom 2 Vision+, DJI

Inspire 1+, and DJI Spreading Wings S800 Specifications and Data Sheet, attached hereto

as Exhibit A, B and C.

ii. The DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading

Wings S800 UAS's Autonomous Flight And Navigation Modes

Enable The UAS's To Remain Within A Defined Operational Area.

The DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800

UAS's 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+, DJI

Inspire 1+, and DJI Spreading Wings S800, UAS's is provided at pages 25­35 of the DJI

Phantom 2 Vision+ and pages 12­16 and 45­50 of the DJI Inspire 1+, User Manuals,

attached hereto as Exhibit D, E and F.

i​ii. The DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings

S800, 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 DJI Phantom 2 Vision+, DJI Inspire 1+, and

DJI Spreading Wings S800, UAs will remain stationary, in flight, for 3 seconds or more.
If, after 3 seconds, the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings

S800, 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.

iv. The DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading

Wings S800, GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2

Vision+, DJI Inspire 1+, and DJI Spreading Wings S800, GCS and flight control software

is provided at pages 32 through 43 of the DJI Phantom 2 Vision+, and DJI Spreading

Wings S800 User Manual and pages 40 through 47 of the DJI Inspire 1+, User Manual.

DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800, User Manuals

are attached hereto as Exhibits C, D, And E

b. Flight Operations Of DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI

Spreading Wings S800 UAS's Are Limited To The Line Of Sight Of A

Certificated Pilot in Command With A Safety Observer.

Earl D. Harrison 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+, DJI Inspire 1+, and DJI Spreading Wings S800, UAS's. Additionally, a safety

observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading

Wings S800 UAS's Will Be Conducted Pursuant To Specific Operating

Limitations.
In seeking this exemption, Earl D. Harrison proposes to commercially operate DJI

Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800, UAS's for the

special purpose of conducting aerial video and photography over areas of United States

that do not pose any safety discrepancies to civilians, 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: DJI Phantom 2 Vision+,

DJI Inspire 1+, and DJI Spreading Wings S800, Unmanned Aircraft 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 by any 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 made 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 FAA­issued

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 requirement 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 cannot 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 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 (AFS­80) may be

contacted if questions arise regarding updates or revisions to the operating

documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a

condition for safe flight. If the inspection reveals a condition that affects the

safe operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The Ground Control Station must be included in the

preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that 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 pre­flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the

relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/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 PIC must possess at least a private pilot certificate and at least a current

third­ class medical certificate.

18. 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, vessels, vehicles and structures. PIC

qualification flight hours must be logged in a manner consistent with 14

C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are

permitted under the terms of the exemption. However, training operations may

only be conducted during dedicated training sessions. During training,

proficiency, and experience­building flights, all persons not essential for flight

operations are considered non­participants, and the PIC must operate the UA

with appropriate distance 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 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 FAA­published 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 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 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

pre­ determined location within the planned operating area and land or be

recovered in accordance with the operating documents.

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

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 and potential transponder

requirements.

26. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have

identification (N­ Number) markings in accordance with 14 C.F.R. part 45,

Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for

operation and control of the UA must comply with the Federal

Communications Commission (FCC) or other appropriate 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

Administrator 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 sufficiently 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 per § 91.119(a).

32. All operations shall be conducted over private or controlled­access 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 (AFS­80) 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.

Earl D. Harrison 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+, DJI Inspire 1+, and DJI Spreading Wings S800, UAS's unless that

PIC has demonstrated, by meeting minimum flight­hour and currency requirements, that

the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Inspire 1+, or DJI

Spreading Wings S800, UAS in a manner consistent with the exemption, including
evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Considering Earl D. Harrison’s proposed area of operations, and the operating

limitations set forth­above; 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+, DJI Inspire

1+, or DJI Spreading Wings S800 UAS, Earl D. Harrison submits that the additional

manned airmanship experience of a commercially certificated pilot would not correlate to

the airmanship skills necessary for Earl D. Harrison’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, 11161).

Earl D. Harrison will not allow any PIC to operate the DJI Phantom 2 Vision+,

DJI Inspire 1+, or DJI Spreading Wings S800 UAS unless that PIC has demonstrated, by

meeting minimum flight­hour requirements or the DJI Phantom 2 Vision+, DJI Inspire

1+, or DJI Spreading Wings S800, UAS training and currency requirements, that the PIC

is able to safely operate the DJI Phantom 2 Vision+, DJI Inspire 1+, or DJI Spreading

Wings S800, UAS in a manner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and 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 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 days

(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 Earl D. Harrison’s proposed operations. The

Administrator has held that prior documented flight experience that was obtained in

compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for

the purpose of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours

of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS

pilot with a multi­rotor 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 additive; i.e. 5 hours make and model

time may be included in the 10 hours of multi­rotor time and the 10 hours may be

included in the total 25 hours of UAS rotorcraft time. In addition to the hour

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding

90 days (for currency purposes). The FAA finds that at a minimum, the

flight­hour requirements in Exemption No. 11062 are appropriate to practice and

build proficiency in the skills necessary to safely conduct the petitioner’s

proposed operations. The FAA also finds that prior documented flight experience

that was obtained in compliance with applicable regulations would satisfy this

requirement. Training, proficiency, and experience­building flights can also be

conducted under the grant of exemption to accomplish the required flight time.

During training, proficiency, and experience­building 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, Earl D. Harrison will ensure safe operations by not allowing any

PIC to operate the DJI Phantom 2 Vision+, DJI Inspire 1+, or DJI Spreading Wings

S800, UAS unless that PIC has demonstrated, by meeting minimum flight­hour and

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

DJI Inspire 1+, or DJI Spreading Wings S800, UAS in a manner consistent with the

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained

because prior to every flight, Earl D. Harrison will ensure that the DJI Phantom 2

Vision+, DJI Inspire 1+, and DJI Spreading Wings S800, UAS is in an airworthy

condition based upon the UAS’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).

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+, DJI Inspire 1+, and DJI
Spreading Wings S800, UAs will be provided to the PIC 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, combined with Earl

D. Harrison’s operation of the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading

Wings S800, 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 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).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b)

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established

by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800, UAS's; (2) the

limitations on the proposed flight operations; and (3) the location of the proposed flight

operations. Accordingly, Earl D. Harrison will ensure that it will safely operate the

battery powered DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800,

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 Exemption No. 11109, the technical specifications of the DJI Phantom

2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800, UAS's; the limitations on the

proposed flight operations; and the location of the proposed operations, will ensure an

equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety

will be ensured as the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings

S800, UAS's provide audible and visual warnings to the PIC at the GCS when the UAs

experiences low battery voltage, the first warning occurring at approximately 30%

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

the critically low battery level, the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI

Spreading Wings S800, UAS's will descend and land automatically.

Significantly, previous exemptions granted by the 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 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).

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, Earl D. Harrison submits that the equivalent level of

safety with regard to the regulatory maintenance and alteration requirements established
by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be

met because Earl D. Harrison 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 Earl D. Harrison Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Inspire

1+, and DJI Spreading Wings S800, Instruction Manual). Furthermore, Earl D. Harrison

will document and maintain all maintenance records for the DJI Phantom 2 Vision+, DJI

Inspire 1+, and DJI Spreading Wings S800 UAS's.

Since the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings

S800, UAS's will be inspected as prescribed by the operating documents, Earl D.

Harrison will maintain the equivalent level of safety established by Sections 91.405(a),

91.409(a)(1), and 91.409(a)(2).

Likewise, the exemption sought will not adversely affect safety because Earl D.

Harrison 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+, DJI Inspire 1+, and DJI Spreading Wings S800 UAS's 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) establish that safety

is not adversely affected when the technical characteristics and operating limitations of

the UAS are considered.

In consideration of Earl D. Harrison’s proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 2 Vision+, DJI

Inspire 1+, and DJI Spreading Wings S800, UAS's, Earl D. Harrison 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 previously

granted relief specific to UAS in circumstances similar, in all material respects, to those

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067,

11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153).

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, Earl D. Harrison

requests that the FAA prescribe special conditions for the intended operation of the DJI

Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800, 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 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 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 conditions pursuant to 14

C.F.R.

§ 21.16, for operation of the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading

Wings S800 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 propeller, he prescribes special conditions and amendments thereto for

the product. The special conditions are issued in accordance with Part 11 of this

chapter and contain such safety standards for the aircraft, aircraft engine or

propeller as the FAA finds 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 Peak Performance’s intended operation of the

DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading Wings S800, 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
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 Summary That Can Be Published In The Federal Register, stating: The

Rules From Which Earl D. Harrison Seeks Exemption:

Earl D. Harrison 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 Earl D. Harrison

Seeks:

This exemption will permit Earl D. Harrison 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 Arguments Available To Support

Earl D. Harrison’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 safely in the NAS. As such, Earl D. Harrison’s request for

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R.

Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS

will create a hazard to users of the NAS or the public, or otherwise pose a threat to

national security; and further, provides the authority for such UAS to operate without

airworthiness certification.

As discussed in detail above, Earl D. Harrison will operate the DJI Phantom 2

Vision+, DJI Inspire 1+, and DJI Spreading Wings S800, UAS's safely in the NAS,
without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to

national security.
CONCLUSION

As set forth herein, Earl D. Harrison 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 DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI

Spreading Wings S800 UAS's commercially, without an airworthiness certificate, 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 2012, while also

advancing the interests of the public, by allowing Earl D. Harrison to safely, efficiently,

and economically operate the DJI Phantom 2 Vision+, DJI Inspire 1+, and DJI Spreading

Wings S800 UAS's commercially within the NAS.

WHEREFORE​, in accordance with the Federal Aviation Regulations and the

FAA Modernization and Reform Act of 2012, Section 333, Earl D. Harrison respectfully

requests that the Administrator grant this Petition for an exemption from the requirements

of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Peak Perspective to

operate the DJI Phantom 2 Vision+, +DJI Inspire 1+,, and DJI Spreading Wings S800

UAS's commercially for the purpose of conducting aerial video and photography over

certain areas of the United States.

Dated: April 22, 2015
Respectfully submitted,

Earl D. Harrison

_________________________

Earl D. Harrison

Earl D. Harrison

1833 18

th Street

Santa Monica, CA 90404

678­201­4411

Appendices:

A – DJI Phantom 2 Vision+ Specifications Data Sheet

B – DJI Inspire 1+ Specifications Data Sheet

C – DJI Spreading Wings S800+ Specifications Data Sheet
APPENDIX – A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

Earl D. Harrison only utilizes safe and reliable UAS's. DJI is an industry leader in small

UAS production. DJI UAS's 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 real­time

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 (Battery & 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 ­ 2000/s

1.1.1.5 Max Tilt Angel ­ 350

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 ­ ±0.030

1.1.2.3 Controllable Range – Pitch: ­900­ 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range ­ 320F ­ 1040F (00C ­ 400C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

4.1.3.5 HD Video Recording – 1080p30 & 720p

4.1.3.6 Recording Field of View ­ 1100/850

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (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 – 2412­2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500­700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W
APPENDIX – B

DJI Inspire 1+, TECHNICAL SPECIFICATIONS

Earl D. Harrison only utilizes safe and reliable UAS's. DJI is an industry leader in small

UAS production. DJI UAS's 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 real­time

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 RECOMMENDED)

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: -1250to 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 – 12.76M

2.2.3.4 Effective Pixels – 12.4M

2.2.3.5 Image Max Size – 4000x3000

2.2.3.6 ISO Range – 100-3200

2.2.3.7 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 - 1040F (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 SPREADING WINGS S800+ TECHNICAL SPECIFICATIONS

Earl D. Harrison only utilizes safe and reliable UAS's. DJI is an industry leader in small

UAS production. DJI UAS's 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 real­time

altitude and location information to the PIC via the linked monitor (smart phone/tablet

devices)

3.3 DJI Spreading Wings S800

1.1.1 Aircraft

3.3.1.1 Supported Battery – 10000mAh~15000mAh, 15C(Min)

3.3.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

3.3.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

3.3.1.4 Max Yaw Angular Velocity ­ 2000/s

3.3.1.5 Max Tilt Angel ­ 350

3.3.1.6 Max Ascent Speed – 6m/s

3.3.1.7 Max Descent Speed – 2m/s

3.3.1.8 Max Flight Speed – 18m/s (NOT RECOMMENDED)

1.1.2 Gimbal

3.3.2.1 Working Current – Static: 750mA; Dynamic: 900mA

3.3.2.2 Control Accuracy ­ ±0.030

1.1.2.3 Controllable Range – Pitch: ­900­ 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

3.3.3.1 Operating Temperature Range ­ 320F ­ 1040F (00C ­ 400C)

3.3.3.2 Sensor Size – 1/2.4”

3.3.3.3 Effective Pixels – 16M

3.3.3.4 Resolution – 4384x3288

3.3.3.5 HD Video Recording – 1080p30 & 720p

3.3.3.6 Recording Field of View ­ 1100/850

1.1.4 Transmitter

3.3.4.1 Operating Frequency – 5.728GHz – 5.85GHz

3.3.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m

3.3.4.3 Receiver Sensitivity (1%PER) ­ ­93dBm
3.3.4.4 Transmitter Power – FCC Compliance: 100mW

3.3.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender

3.3.5.1 Operating Frequency – 2412­2462MHz

3.3.5.2 Communication Distance (unobstructed) – 500­700m

3.3.5.3 Transmitter Power – 20dBm

3.3.5.4 Power Consumption – 2W