UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**RCP Photography LLC 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 DJI Phantom**  **AND DJI S1000**  **UNMANNED AIRCRAFT SYSTEMS**  **PURSU ANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT OF 2012**

**(PUBLIC LAW 112**
**- 95)** 
Submitted on September 22 , 2015 **RCP Photography LLC** 10645 N Oracle Rd STE 121

- 101 Oro Valley , AZ 85737 619

- 820

- 5053**TABLE OF CONTENTS** Page

GLOSSARY OF ABBREVIATIONS 3 SUMMARY 4 IN TRODUCTION AND INTERESTS OF PETITIONER 4 BACKGROUND 5 BASI S FOR PETITION 5 NAME AND ADDRESS OF PETITIONER 7 SECTI ONS OF 14 C.F.R. FROM WHI CH RCP PHOTOGRAPHY LLC SEEKS EXEMPTI ON 8 SCOPE OF EXEMPTION RCP PHOTOGRAPHY LLC SEEKS AND REASONING OF PROPOSED EXEMPTION 1 0 GRANTING RCP PHOTOGRAPHY LL C REQUEST WOULD BE IN THE PUBLIC INTEREST 1 4 GRANTING OF EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY 1 6 CONCLUSION 3 0**GLOSSARY OF ABBREVIATIONS**

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernizatio n and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Airc raft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing**SUMMARY** RCP Photograph y 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 Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). With this exemption RCP Photograph y LLC is requesting permission to fly a UA S for commercial purpose of conducting aerial video and photograph y for advertising, architectural , hospitality , real estate , special events, motion picture and TV production, agriculture and infrastructure inspect ion and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** RCP Photograph y LLC strives to provide its clients with the highest quality digital content for use in but not limited to commercial, editorial and personal projects while using the best technology available. RCP Photograph y LLC has over 1 5 ye ars of pro fessional experience in aerial video and photograph y for advertising, architectural , hospitality , real estate , special events, motion picture and TV production, agriculture and infrastructure inspection

. RCP Photograph y LLC has 3 ye ars of recreational/hobby experience in aerial video and photography . The objective of RCP Photograph y LLC aerial video and photography operation s is to provide high quality i maging for a variety of advertising , comme rcial, public, and residential uses, specifically targeting but not limited to :

 Advertising Photograph y and Videograph y

 Motion Picture Filming
 Hospitality

Photography
 Real Estate Photograph y  Land S urvey

& Appraisals
 Resort & Golf Course Aerial Tours**BACKGROUND** RCP Photograph y LLC seeks an exemption to operate DJ I sy stems for compensation or hire wi thin the NAS. T he DJ I Phantom 2, DJIPhantom, and DJI S1000 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart p hone sy stems . The DJ I Phantom 2 and DJIPhantom has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches , width of 16 inches, height of 8 inches, and a maximum speed of approximately

29 knots. The DJ I S1000 has a maximum gross weight of approximately 11 pounds , a diagonal wheelbase of 41

. 14 inches, height of 1 8

. 11 inches, and a maximum speed of approximately 42 knots. The DJ I Phantom 2 and Phantom are equipped with four main rotors while the DJ I S1000 is equipped with eight main rotors; driven by l ithium p oly

mer battery

powered electric motors. The DJ I Phantom 2, Phantom and DJI S1000 UAS s that will be operated by RCP Photograph y LLC 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, RCP Photography 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 , hereb y petitions the Administrator to commercially operate the DJ I Phantom 2, Phantom, DJIS1000 UAS s in the National Airspace Sy stem (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, RCP Photograph y LLC oper ation of DJ I Phantom 2, Phantom and DJIS1000 UAS s meets the conditions of FMRA Section 333and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, Subpart H. RCP Photography

L LC requests exemption 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 onl y apply to aircraft with an airworthiness certificate. RCP Photograph y LLC offers that the requested relief is proper since an equivalent level of safety will be ensured. RCP Photograph y LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS s using the methods, techni ques, and practices prescribed in the operating documents (i.e., Maintenance Log s , and DJ I Phantom 2, Phantom and DJIS1000 Instruction Manual). Furthermore, RCP Photography LLC will document and maintain all maintenance records for the DJ I Phantom 2, Phantom and DJ I S1000 UAS s. Exemption from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested b y RCP Photograph y LLC to the extent necessary to allow a Pilot in Command (PIC) ho lding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safely

operate the DJ I Phantom 2, Phantom and DJ I S100 0 UAS s in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. RCP Photograph y LLC seeks exemption from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 2, Phantom and DJIS1000 UAS s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, RCP Photography

LLC presents that he will ensure that the DJ I Phantom 2, Phantom and DJIS1000 UAS s are in an airworth y condition, prior to every flight, b y determining that the UAS s are in compliance with the operating documents (i.e., Maintenance Lo g, DJ I Phantom 2, Phantom and DJIS1000 Instruction Manual), and thatthe aircraf t are in a condition for safe flight. RCP Photograph y LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 2, Phantom and DJIS1000 UAS will not have a ty

pical barometric altimeter onboard. H owever, altitude information of the DJIPhantom 2, Phantom and DJ I S1000 UAS will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitorin g of the flight path. This altitude information, combined with RCP Photography LLC operation of the DJ I Phantom 2, Phantom and DJIS1000 UAS s within visual line of sight, at or below 2 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally , RCP Photograph y LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. RCP Photograph y LLC presents that safety will not be affected by

operation of the DJ I Phantom 2, Phantom and DJIS1000 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approxi mately 15 minutes and assuming normal cruising speed, after returning to the take off/landing point be able to fly after that for at least 3 .5 minutes and will not fly

with a battery power containing less than twent y - five percent.

. In accordance with 14 C .F.R. § 11.81, RCP Photograph y 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: RCP Photograph y LLC 10645 N Oracle Rd. STE 121

- 101 Oro Valley , AZ 85737 Email: rcp@rcpphoto.com 619

- 820

- 5053

**B. The Specific Sections Of 14 C.F.R. From Which**  **RCP Photography LLC Seeks** **Exemption 1.**  RCP Photograph y LLC Seeks Exemption From The Requirements Of Section 6 1.113(a) And (b) Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y for compensation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft. (b) A privat e pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensati on or hire. **2.** RCP Photograph y 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

operate a civil aircraft unless it is in an airworthy condition. **3.** RCP Photograph y 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 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.** RCP Photograph y LLC Seeks Exemption From The Re qu irements 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.** RCP Photograph y LLC Seeks Exemption From The R equirement 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.** RCP Phot ograph y 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 b y a person authorized under § 43.7 of this chapter [ .] **7.** RCP Photograph y 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 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 b y 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.** RCP Photograph y LLC Seeks Exemption From The Requirements Of S ections 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, a nd alteration andrecords 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 status 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 a specified time basis. (iv) The cur

rent 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 safe ty directives including, for each, the method of compliance, the AD or safet y directive number and revision date. If the AD or safet y directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records speci fied in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred wi th 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. Scope of Exemption**  **RCP Photography LLC Seeks a**  **nd Reasoning of Proposed**  **Exemption 1.**  Extent Of Relief RCP Photograph y LLC Seeks And The RCP Photography 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 PI C holdinga 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 exemption 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 PI C of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that busin ess or employ

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. RCP Photograph y LLC presents that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJ I Phantom 2, Phantom and DJIS1000 unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate either the DJ I Phantom 2, Phantom or DJIS1000 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, RCP Photography L LC submits that all flights of the DJ I Phantom 2, Phantom and DJIS1000 UAS s, conducted b y the PI C pursuant to the grant of this Petition: (1) will be related to RCP Photography LLC business; and (2) will not carry passengers or property

for compensation or hire. **2.** Extent Of Relief RCP Photograph y LLC Seeks And The Reason RCP Photograph y LLC Se eks Relief From Section 91.7(a) Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the scope required to allow RCP Photography LLC to determine that the DJIPhantom 2, Phantom and DJIS1000 UAS s are in airworth y condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Maintenance Lo g, DJ I Phantom 2, Phantom and DJIS1000 Instruction Manual). RCP Photography

L LC seeks the requested exemption b ecause the DJ I Phantom 2,Phantom and DJIS1000 UAS s do not require an airworthiness certificate in accordance

with 14 C.F.R. Part 21, Subpart H. Therefore, RCP Photograph y LLC will ensure that the DJIPhantom 2, Phantom and DJ I S1000 UAS s are in airworth y condition based upon its compliance with the operating documents (i.e., Maintenance Log, DJ I Phantom 2, Phantom and DJIS1000 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated i n the conditions and limitations below. **3.** Extent Of Relief RCP Photograph y LLC Seeks And The Reason RCP

Photograph y LLC Seeks Relief From Sect ion 91.121 Exemption from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJ I Phantom 2, Phantom and DJIS1000 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), RCP Photograph y LLC seeks the requested reprieve because the DJ I Phantom 2, Phantom and DJIS1000 UAS 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, exemption from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. An equivalent level of safety will be maintained since the DJIPhantom 2, Phantom and DJ I S1000 UAS are equipped with GPS equipment, which auto matically

ensures that a ground level setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS.

**4.** Extent Of Relief RCP Photograph y LLC Seeks And The Reason RCPPhotograph y LLC Seeks Exemption From Section 91.151(b) Exemption 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 DJ I Phantom 2, Phantom and DJI S1000 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 3 .5 mi nutes and will not fly with a battery

power containing less than twenty

five percent

. RCP Photograph y LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 2, Phantom and DJIS1000 UAS will severel y constrain the practicality of any aerial video or still photo flight operations that RCP Photograph y LLC proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 2, Phantom and DJIS1000 UAS s, the DJ I Phantom 2, Phantom and DJIS1000 operating documents, and RCP Photograph y LLC proposed operating limitations, ensure that RCP Photograph y LLC will safely operate the battery

powered DJ I Phantom 2, Phantom and DJIS1000 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 15 minutes to the first point of intended landing and, assuming normal crui sing speed, to fl y after that for at least 3 .5 minutes. **5.** Extent Of Exemption RCP Photograph y LLC Seeks And The Reason RCP Photograph y LLC Seeks Exemption 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 appl y to aircraft with an airworthiness certificate, RCP Photograph y LLC requests exemption from these Sections because the DJ I Phantom 2, Phantom and DJIS1000 UAS s do not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 2, Phantom and DJIS1000 UAS s meet the conditions of FMRA Section 333 foroperation without an airworthiness certificate. Therefore , RCP Photography L LC will use tr ained 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., Maintenance Log, DJ I Phantom 2, Phantom and DJIS1000 In struction Manual s ). Furthermore, RCP Photograph y LLC will document and maintain all maintenance records for the DJ I Phantom 2, Phantom and DJ I S1000 UAS s.
**D. Granting**  **RCP Photography LLC R**  **equest W**  **ould be in the P**  **ublic Interest**  Granting the present p etition will allow RCP Photograph y LLC to safel y, efficientl y, and economically perform aerial video and photography of weddings, motion picture and television sets, construction sites, real estate, and landscape photograph y over certain areas of the United States. Additionally , use of the DJIPhantom 2, Phantom and DJ I S1000 UAS s will reduce pollution, decrease congestion of the NAS above 500 feet , and provide benefits to the econom y with the growth of RCP Photography LLC . Notabl y, the benefits of RCP Photograph y LL C proposed operation of the DJ I Phantom 2, Phantom and DJIS1000 UAS s would be done without violating an y privacy issues. **1.** The Public Will Benefit From Decreased Congestion Of The NAS The DJ I Phantom 2, Phantom and DJIS1000 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 DJ I Phantom 2, Phantom or DJI S1000 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. Additionally , by

reducing the numb er of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. TheDJIPhantom 2, Phantom and DJ I S1000 UAS do not require an airport to takeoff or land.

Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arriv al, and landing phases of flight operations. **2.** The Public Will Benefit From The Safety And Efficiency Of The DJ I Phantom 2, Phantom and DJIS1000 UAS s Conducting aerial photography & videograph y with the DJ I Phantom 2, Phantom and DJ I S1000 UAS s, instead of manned aircraft, will greatly benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photograph y flight operations. By using battery power and electric motors, the DJIPhantom 2, Phantom and DJIS1000 UAS s produce no air pollution, and

are an environmentall y conscious alternative to the customary cabin class, internal combustion engine aircraft that are typicall y utilized for aerial video and photograph y, while burni ng approximately 20

- 30 gallons per hour of aviation fuel. The DJIPhantom 2, Phantom and DJIS1000 UAS , while reducing the carbon footprint of aerial assignments , also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 2, Phantom and DJIS1000 UAS s to perform aerial videograph y and photography , 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 DJ I Phantom 2, Phantom and DJIS1000 UAS (weighing 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 DJIS1000 has a maximum gross weight of approximately 11 pounds, a diagonal wheelbase of 41.14 inches, height of 18.11 in ches, and a maximum speed of approximately

42 knots , and with no fuel on board), has less ph ys ical potential forcollateral damage to life and property on the ground, and in the air, compared to the

manned aircraft that typi cally 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). The S1000 UAS will also be equipped with an emergency dropsafe parachute to reduce the speed of decent back to the ground in the event of an emergency

. **3.** Performing Aerial Video and Photograph y Operations With The DJIPhantom 2, Phantom and DJIS1000 UAS s Will Benefit The Economy In addition to being safe and efficient, the DJ I Phantom 2, Phantom and DJI S1000 UAS s are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJIPhantom 2, Phantom and DJ I S1000 UAS s will allow United States based companies, like RCP Photography LLC , to remain competitive and contribute to growth of the U.S. econom y. Operating the battery powered DJ I Phantom 2, Phantom and DJIS1000 UAS s is an evolving technology that allows companies greater operational flexibili ty without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 2, Phantom and DJI S1000 UAS s, companies such

as RCP Photography

L LC , can remain competitive and profitable, and therefore, provide greater job stability

to potential employees and contractors , which will ultimately contribute to growth of the economy

. Improved financial performance of such companies, through commercial use of the DJ I Phantom 2, Phantom and DJ I S1000 UAS s, provides a stable workforce that increases consumer spending; improves l ocal, state, and federal tax

revenues . **4.** General Public Privacy Concerns Similar to the manned aerial acquisition flight operations that have been conducted for decades, RCP Photography LLC proposed operation of the DJ I Phantom 2, Phantom and DJIS1000 UAS s will not implicate any privacy issues. Specificall y, the DJ I Phantom 2, Phantom and DJIS1000 UAS s will be operated only in compliance with operatingdocuments (i.e., Maintenance Log, and DJ I Phantom 2, Phantom and DJIS1000

Instruction Manual s ) which requires propert y 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. 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 RCP Photography LLC**  **Seeks Exemption. 1.**  Reasons Why

The DJ I Phantom 2, Ph antom and DJIS1000 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, RCP Photograph y LLC operation of the DJ I Phantom 2, Phantom and DJIS1000 UAS s meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specificall y, 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 capab ility, 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 aircraftsystems 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 aircra ft systems in the national airspace system. In seeking this exemption, RCP Photograph y LLC submits that the DJ I Phantom 2, Phantom and DJIS1000 UAS s can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 2, Phantom and DJ I S1000 UAS s; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 2, Phantom and DJI S1000**  **UAS s Demonstrate Its Safe Characteristics.** 
The DJ I Phantom 2, Phantom and DJIS1000 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, Phantom and DJI S1000**  **UAS s.**  The technical specifications of the DJ I Phantom 2, Phantom and DJIS1000 UAS s are set forth b y the DJ I Phantom 2, Phantom and DJIS1000 Specifications and Data Sheet, attached here to as Exhibit A and B.

**ii. The DJI**  **Phantom 2, Phantom and DJI S1000 UAS**  **s Autonomous Flight And Navigation Modes Enable The**  **UAS s To Remain Within**  **A Defined Operational Area.** The DJ I Phantom 2, Phantom and DJIS1000 UAS s may be operated in both manual and fully autonomous flight modes. In some instances, it also has the ability to slowly follow a predetermined set of way points to return to a safety complete a flight

. RCP Photograph y LLC does not operate its UASs near airports and normall y does not operate them near populated areas. The UA S operating softwar e and GPS navigation sy stems do not allow any

of RCP Photograph y LLC UAS s to operate near airports or restricted fl y zones. The failsaf

e software will disable the UAS from taking off and also limit the UAS sy stems from operating within s pecific GPS preset no

- fl y zones. A complete description of the flight and navigational modes of the DJ I Phantom 2 and Phantom are provided at pages 24

- 30 of the DJ I Phantom 2 user manual and page 33

- 43 of the DJ I S1000 User Manuals, attached hereto as Exhi bit C and D.

**iii. The DJI Phantom 2, Phantom and DJI S1000**  **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 L ink is lost, the DJIPhantom 2, Phantom and DJIS1000 UAS will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2, Phantom and DJIS1000 UAS do not reacquire control link data from the GCS, the UAS will assume that the Control L ink is lost and the UAS will return to the h ome position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Phantom 2 UAS are set forth at pages 2 4 through 30 and for the DJ I S1000 at pages 30 through 31 of the DJ I Phantom 2, Phantom and DJIS1000 User Manuals, attached hereto as Exhibit C and D.

**iv. The DJI Phantom 2, Phantom and DJI S1000**  **GCS And Its Operation.**  A complete description of the operation and specifications of the DJ I Phantom 2, Phantom and DJIS1000 GCS and flight control software is provided at pages 32 through 43 of the DJ I Phantom 2, Phantom User Manual and pages 6 through 22 of the DJ I S1000 User Manual. DJ I Phantom 2, Phantom and DJIS1000 A2 Flight Control System User Manuals are attached hereto as Exhibits C and D.

**b. Flight Operations Of DJI Phantom 2, Phantom and DJI S1000**  **UAS s**  **Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  RCP Photograph y LLC will only utilize certificated pilots who posses the necessary training and logged hours on stated UASs to act as a pilot in command (PI C) of the DJ I Phantom 2, Phantom and DJIS1000 UAS s. Additionally , a safet y observer will assist all pilots during flight time and RCP Photograph y LLC will have a crew of no less than three people for all UAS flights

.

**c. Flights Of DJI Phantom 2, Phantom and DJI S1000**  **UAS s Will Be**  **Conducted Pursuant To Specific Operating Limitations.** In seeking this exemption, RCP Photograph y LLC proposes to commerciallyoperate DJ I Phantom 2, Phantom and DJIS1000 UAS s for the special purpose of

conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS s weighing less than 55 pounds maximum gross weight: DJ I Phantom 2, Phantom and DJIS1000 Unmanned Aircraft Sy ste ms. 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 photograph y. 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 2 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAS must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y th e PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PI C alway s maintains VLOS capability . The SO and PIC must be able to communicate verb ally at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perfor m the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operati ng 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 rev ised documents if it petitions for extension or amendment to the grant of exemption. I f the operator determines that an y update or revision would affect the basis upon which theFAA granted the exemption, then the operator must petition for amendment to it s grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for s afe 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 properl y documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characte ristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must 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 airc raft/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, inspectio n, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS s operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the abil ity to safel y 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 fl ight 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 trainin g sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C 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 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 management must be made available to the Adminis trator 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 PI C. 22. If the UA loses communications or loses its GPS signal, it must return to a pre - determined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power r emaining. 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 A irman (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, S ubpart 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 overs ight 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 an y time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement official upon request.29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y 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 PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that suf ficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. I f a situation arises where nonparticipating persons leave such protectio n and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C h as 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 PI C, 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 controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative wil l 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 Off ice (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.** RCP Photograph y LLC submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PI C will be allowed to operate the DJ I Phantom 2, Phantom and DJIS1000 UAS s unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2, Phantom and DJIS1000 UAS in a manner consistent with the exemption, in cluding evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.Considering RCP Photograph y LLC 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 DJ I Phantom 2, Phantom and DJIS1000 UAS , RCP Photography LLC submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for RCP Photography

LLC specific proposed flight operations. The FAA has previously

granted relief from Se ction 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, 1115 9, 11160, 11161). Specificall y, the PI C 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 a nd model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during RCP Photography L LC proposed operations. The Administrator has hel d 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 multi

- rotor UAS . Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and m odel of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hourrequirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency

purposes). The FAA finds that at a minimum, the flight

ho ur requirements in Exemption No. 11062 are appropriate to practice and build proficiency

in the skills necessary

to safel y conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experience

- b uilding flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, RCP Photograph y LLC will ensure safe operations b y not allowing any PIC to operate the DJI Phantom 2, Phantom and DJIS1000 UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2, Phantom and DJ I S1000 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) Wo**  **uld Not Adversely Affect Safety** The equivalent level of safety established b y Section 91.7(a) will be maintained because prior to every

flight, RCP Photograph y LLC will ensure that the DJIPhantom 2, Phantom or DJIS1000 1 UAS s are 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 Wo**  **uld Not Adv ersely Affect Safety**  The equivalent level of safety established b y Section 91.121 will be maintainedbecause the altitude information of the DJ I Phantom 2, Phantom and DJIS1000 UAS will

be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with RCP Photograph y LLC operation of the DJ I Phantom 2, Phantom and DJ I S1000 UAS within visual line of sight, at or below 2 00 feet AGL, will ensure a level of safet y equivalent to Section 91.121. The altitude information will be generated b y 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, 11 064, 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) Wo**  **uld Not Adversely Affect Safety** A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJ I Phantom 2, Phantom and DJIS1000 UAS s; (2) the limitations on the proposed flight ope rations; and (3) the location of the proposed flight operations. Accordingl y, RCP Photograph y LLC will ensure that it will safel y operate the battery powered DJIPhantom 2, Phantom and DJIS1000 UAS during daylight hours in VFR conditions, with enough batt ery power t o fly

for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 3 .5 minutes and will not fly

with a battery power containing less than twent y - five percent

. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 2, Phantom and DJIS1000 UAS s; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safetyestabl ished by 14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJIPhantom 2, Phantom and DJ I S1000 UAS s provide audible and visual warnings to the PI C at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 3 3% remaining battery

p ower, and again at approximately 1 0% remaining battery

power. At the criticall y low battery level, the DJ I Phantom 2, Phantom and DJ I S1000 UAS s will descend and land automatically

. Significantl y, previous exemptions granted b y 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 mi nimums 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. Ex emption Nos. 8811, 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) Wo uld**  **Not Adversely Affect Safety** In seeking this exemption, RCP Photograph y LLC 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 RCP Photograph y LLC 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., Monthly Maintenance Lo g s , and DJIPhantom 2, Phantom and DJ I S1000 Instruction Manual s ). Furthermore, RCP Photograph y LLC will document and maintain all maintenance records for the DJ I Phantom 2, Phantom and DJIS1000 UAS s. Since the DJ I Phantom 2, Phantom and DJIS1000 UAS s will be inspected asprescribed b y the operat ing documents, RCP Photograph y LLC will maintain the

equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of the DJ I Phantom 2, Phantom and DJ I S1000 User Manuals are attached hereto as Exhibit C and D; a cop y of the DJIPhantom 2, Phantom and DJ I S1000 UAS Maintenance L og is attached hereto as Exhibit E. Likewise, the exemption sought will not adversel y affect safety because RCP Photograph y LLC will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b ), because all maintenance of the DJIPhantom 2, Phantom and DJ I S1000 UAS s will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of RCP Photograph y LLC proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 2, Phantom and DJI S1000 UAS s, RCP Photograph y 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 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, 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 of2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , RCP Photograph y LLC

requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 2, Phantom and DJIS1000 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 photograph y 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 certifi cation 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 DJ I Phantom 2, Phantom and D JIS1000 UAS s, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safet y 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 fin ds 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 RCP Photograph y LLC i ntended operation ofthe DJ I Phantom 2, Phantom and DJIS1000 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**  **RCP Photography LLC Seeks Exemption:**  RCP Ph otograph y 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 RCP Photography**  **LLC Seeks:**  This exemption will permit RCP Photograph y LLC 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, O r Arguments Available To Support**  **RCP Photography LLC ’s**  **Reques t**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may

operate safel y in the NAS. As such, RCP Photograph y LLC 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 securit y; and further, provides the authority for such UAS to operate without airworth iness certification. As discussed in detail above, RCP Photograph y LLC will operate the DJ I Phantom 2, Phantom and DJIS1000 UAS s safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

.**CONCLUSION** As set forth herein, RCP Photograph y LLC 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 DJIPhantom 2, Phantom and DJ I S1000 UAS s commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photograph y over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mand ate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, b y allowing RCP Photography LLC to safely , efficiently , and economicall y operate the DJIPhantom 2, Phantom and DJ I S1000 UAS s commerciall y within the NA S. In accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, RCP Photograph y LLC respectfull y 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 RCP Ph otograph y LLC to operate the DJ I Phantom 2, Phantom and DJIS1000 UAS s commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States. Dated: September 22 , 2015

Respectfully

submitted, RCP Photograph y L LC

_________________________ RCP Photograph y LLC RCP Photograph y LLC 10645 N Oracle Rd. STE 121

- 101 Oro Valley , AZ 85737Appendices :

A

– DJ I Phantom 2 Vision Specifications Data Sheet B

– DJ I S1000 Specifications Data Sheet C

– DJIPhantom 2 Manufacturer’s User Manual D

– DJ I S1000 Manufacturer’s User Manual E

– Monthly

Maintenance L ogAPPENDIX

– A **DJI PHANTOM 2 TECHNICAL SPECIFICATIONS**  RCP Photograph y LLC only utilizes safe and reliable UASs. DJ I is an industry leader in small UAS production. DJIUASs 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 f l ight to a predetermined and set distance. In addition, DJI software provides real

time altitude and location information to the PI C via the linked monitor (smart phone/tablet devices) 1.1 DJIPhantom 2 1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJ I 5200mAH LiPo Battery 1.1.1.2 Weight (Battery

& Propellers Included)

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

(Ready to Fl y)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity - 200 /s 1.1.1.5 Max Tilt Angel

- 35 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; Dy namic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 1.1.2.3 Controllable Range

– Pitch:

- 90

- 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 /s 1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 F

- 104 F (0 C

- 40 C) 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

- 110 /85 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 Po wer

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@3.7V1.1.5 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

APPENDIX

– B **DJI INSPIRE 1 TECHNICAL SPECIFICATIONS** RCP Photograph y LLC only utilizes safe and reliable UAS s. DJ I 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, DJIsoftware provides real

time altitude and location information to the PI C via the linked monitor (smart phone/tablet devices) 2.2 DJI S1000 Content INTRODUCTION......................................................................................................... .....4 PRODUCT INTRODUCTION ....................................................................................................... .4 IN THE BOX................................................................................................................... ........4 EQUIPMENT PREPARED BY USERS ..............................................................................................4 SYSTEM INTRODUCTION.......................................................................................................... .5 SYMB OL INSTRUCTION ............................................................................................................5 1 ASSEMBLY AND CONFIGURATION................................................................................6 1.1 HARDWARE INSTALLA TION AND CONNECTION ........................................................................6 1.1.1 Mixer Type Supported ...........................................................................................6 1.1.2 Hardware Connection Diagram........ .....................................................................7 1.1.3 Im portant for Assembly and Connection...............................................................7 1.2 SOFTWARE INSTALLATION AND CONFIGURATION................................ ...................................15 1.2.1 Installing Driver and Assistant Software .............................................................15 1.2.2 Configure using Assistant Software on a PC........................................................16 1.2.3 Configure the control mode switch .....................................................................17 1.2.4 Configuration Checking .......................................................................................19 1.2.5 Tools ......... ...........................................................................................................20 1.3 COMPASS CALIBRATION ...................................................................................................22 2 BASIC FLYING ... ..........................................................................................................23 2.1 CONTROL MODE INSTRUCTION .........................................................................................23 2.2 FLYING ENVIRONMENT REQUIREMENTS ..............................................................................25 2.3 CHECK LIST BEFORE FLYING...............................................................................................25 2.4 POWER ON AND CHECK ............ .......................................................................................26 2.5 START MOTORS METHODS...............................................................................................26 2.6 BASIC FLYING TEST .................... .....................................................................................28 3 PROTECTION FUNCTIONS SETTING ............................................................................30 3.1 FAILSAFE ........................................... ...........................................................................30 3.2 LOW VOLTAGE PROTECTION..............................................................................................31 4 ADVANCED FEATURES.................................. ..............................................................334.1 IOC (INTELLIGENT ORIENTATION CONTROL)

FUNCTION..........................................................33 4.1.1IOC..................................................................................................................... ...33 3 4.1.2 Cruis e Control......................................................................................................37 4.2 SERVO GIMBAL FUNCTION................................................................................................39 4.3 FLIGHT LIMIT S ...............................................................................................................39 4.3.1 Max Height, Radius Limits & Home Fence...........................................................39 4.3.2 Flight Limits of Special Areas...............................................................................41 4.3.3 Conditions of Flight Limits...................................................................................43 4.4 PARACHUTE FUNCTION..............................................................................................44 4.5 GEAR FUNCTION ........................................................................................................... .44 4.6 AT TITUDE CONTROL WHEN ONE MOTOR OUTPUT FAILS........................................................45 4.7 DJI ASSISTANT APP USAGE...............................................................................................45 APPENDIX...................... ...............................................................................................48 LED INDICATOR DESCRIPTIONS................................................................................................48 SPECIFICATIONS ................. ..................................................................................................49 FAQ ......................................................................................................................... .....50 USE WITH OTHER DJI P RODUCTS .............................................................................................50 CHANNEL MAPPING INSTRUCTIONS FOR PC ASSISTANT SOFTWARE. .......................................52 RECOMMENDED MAPPING FOR FUTABA TRANSMITTER (MODE 2) US ER........... .....................54 SETTINGS OF GAIN VALUES FOR YOUR REFERENCE ........ ..............................................................54 THE TRANSMITTER SETUP OF FUTABA...................................................................... ..............54 DISCLAIMER .................................................................................................................5 6 TRADEMARK ..................................................................................................... ...........56

APPENDIX

– C DJIPhantom 2 Manufacturer’s User Manual

APPENDIX

– D DJI S1000 Manufacturer’s User ManualAPPENDIX

– E

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