UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

JOHN DAZA, P.E. FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMEN TS 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 THE DJI PHANTOM 2 VISION UNMANNED AIRCRAFT SYSTEM PURSU ANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLI C LAW 112-95)

Submitted on May 18, 2015 By John Daza, P.E. 124 West Fulton Street Long Beach, NY 11561 Tel: (646) 337:47442 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..................... ............................................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH JOHN DAZA, P.E. SEEKS EXEMPTION ...................................

................................................... .............8 THE EXTENT OF RELIEF JOHN DAZA, P.E SEEKS AND THE R EASON JOHN DAZA, P.E SEEKS THE RELIEF.........................

................................................... 11 THE REASONS WHY GRANTING JOHN DAZA, P.E REQUEST WOU LD BE IN THE PUBLIC INTEREST ...............................

................................................... ...15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY ...........................

................................................... 18

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGIST ER..........33 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVA ILABLE TO SUPPORT JOHN DAZA, P.E.'S REQUEST .............. .........................................33

CONCLUSION.........................................

................................................... .....................343 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization C.F.R. Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation FCC Federal Communications Commission GCS Ground Control Station GPS Global Positioning System NAS National Airspace System NOTAM Notice to Airmen OEM Original Equipment Manufacturer PIC Pilot In Command RTH Return To Home Section 333 FAA Modernization and Reform Act of 201 2 (FMRA) Section 333 UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Sight VMC Visual Meteorological Conditions VO Visual Observer VTOL Vertical Takeoff and Landing4 SUMMARY John Daza, P.E. seeks exemption from the requiremen ts 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 per mit John Daza, P.E. to operate an Unmanned Aircraft System (UAS) for the commercial p urpose of conducting aerial acquisitions within the National Airspace System (NAS).

INTRODUCTION AND INTERESTS OF THE PETITIONER John Daza, P.E. (hereinafter referred to as “John Daza”) is a Professional Engineer registered in the state New York and New Jersey.

BACKGROUND Unmanned Aircraft System: Phantom 2 Vision UAS John Daza seeks an exemption to operate the DJI Pha ntom 2 Vision UAS (Phantom 2 Vision UAS) for compensation or hire within the NAS . The Phantom 2 Vision UAS is comprised of a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS). The Ph antom 2 Vision UA has a maximum gross weight of approximately 5.5 pounds; measures approx imately 12 inches in length, 12 inches in width, and 7 inches in height; and has maximum spee d of approximately 30 knots. The Phantom 2 Vision UA is equipped with four rotors, each bein g driven by a Lithium Polymer battery powered electric motor.5

The Phantom 2 Vision UA that will be operated by Jo hn Daza 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, John Daza, by and through undersigned c ounsel, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61 ) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to operate the Phantom 2 Vision UAS within the National Airspace System (NAS), and for an exemption from the require ments of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.40 7(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the size, weight, speed, and li mited operating area associated with the unmanned aircraft and its operation, John Daza’s op eration of the Phantom 2 Vision UAS meets the conditions of FMRA Section 333 and therefore, w ill not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, John Daza requests relief from Section s 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as thes e sections set forth requirements for maintenance that only apply to aircraft with an air worthiness certificate. John Daza submits that the requested relief is prop er since an equivalent level of safety will be ensured. All maintenance, alterations, or preventive maintenance of the Phantom 2 Vision UAS performed by John Daza will be in accord ance with the methods, techniques, and practices prescribed in the operating documents (i. e., the Phantom 2 Vision User Manual, the6

Phantom 2 Vision Quick Start Guide, the Phantom 2 V ision Checklists, the Smart Flight Battery Safety Guidelines and the Phantom Pilot Training Gu ide). Furthermore, only the Original Equipment Manufacturer (OEM) or qualified OEM maint ainers will perform higher level inspections and maintenance per the operating docum ents and OEM standards. John Daza will

document and maintain all maintenance records for t he Phantom 2 Vision UAS. Relief from certain requirements of Section 61.113( a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by John Daza to the extent necessary to allow the proposed UAS flight operations to be c onducted by a Pilot in Command (PIC) holding a private pilot certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight:hour and cu rrency requirements, that the PIC is able to safely operate the Phantom 2 Vision UAS in a man ner consistent with this exemption, including evasive and emergency maneuvers and maint aining appropriate distances from people, vessels, vehicles and structures. John Daza seeks relief from Section 91.7(a), entitl ed Civil aircraft airworthiness, because the Phantom 2 Vision UAS does not require an airwor thiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, John Daza subm its that it will ensure that the Phantom 2 Vision UAS is in an airworthy condition, prior to e very flight, by determining that the UAS is in compliance with the operating documents (i.e., the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start Guide, the Phantom 2 Vision Checklists, the Smart Flight Battery Safety Guidelines and the Phantom Pilot Tra ining Guide), and that the aircraft is in a condition for safe flight. John Daza also seeks an exemption from the requirem ents of Section 91.121, entitled Altimeter Settings , because the altitude reporting equipment of the P hantom 2 Vision UAS is set7

to zero feet above ground level (AGL), rather than local barometric pressure or field altitude, before each flight. The altitude information of th e Phantom 2 Vision UA is provided to the PIC via a barometric pressure sensor, Global Positionin g System (GPS) equipment, and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. A level of safety e quivalent to Section 91.121 will be ensured as the altitude of the Phantom 2 Vision UA will be rep orted to air traffic control (ATC) in feet AGL, and John Daza will operate the Phantom 2 Visio n UA within visual line of sight, at or

below 400 feet AGL. Additionally, John Daza seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . John Daza submits that safety will not be affected by operation of the Pha ntom 2 Vision UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of 20 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that f or at least five minutes (i.e., 20 percent battery power remaining). In accordance with 14 C.F.R. § 11.81, John Daza pro vides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner is: John Daza, PE 124 West Fulton Street Long Beach, New York 115618

The point of contact for this Petition and specific contact information is as follows: John Daza, PE 124 West Fulton Street Long Beach, New York 11561 Tel: (646) 337:4744 Email: JohnDazaPE@hotmail.com B. The Specific Sections Of 14 C.F.R. From Which Jo hn Daza Seeks Exemption. 1. John Daza 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 prope rty for compensation or hire. 2. John Daza Seeks Exemption From The Requi rements 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 i t is in an airworthy condition. 3. John Daza 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 maintai n 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 sta tion along the route and within 100 nautical miles of the aircraft;9 (ii) If there is no station within the area prescri bed in paragraph (a)(1)(i) of this section, the current reported altimeter settin g 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 s etting available before departure; 4. John Daza 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 un der VFR conditions unless (considering wind and forecast weather conditions) there is enou gh fuel to fly to the first point of intended landing and, assuming normal cruising spee d, to fly after that for at least 20 minutes. 5. John Daza Seeks Exemption From The Requirement O f 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 prescribe d 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. John Daza 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 und ergone 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. John Daza 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:10

(a) Except as provided in paragraph (c) of this sec tion, 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 authoriz ed by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthin ess certificate in accordance with part 21 of this chapter. 8. John Daza 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 maintena nce, and alteration and records of the 100:hour, annual, progressive, and o ther required or approved inspections, as appropriate, for each aircraft (including the ai rframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must incl ude::

(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 ea ch airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items ins talled on the aircraft which are required to be overhauled on a specified time b asis.11 (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection prog ram 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 sa fety directive involves recurring action, the time and date when the next a ction is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently inst alled engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the followin g records for the periods prescribed: (1) The records specified in paragraph (a)(1) of th is 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 th is section shall be retained and transferred with the aircraft at the time the aircr aft is sold. (3) A list of defects furnished to a registered own er or operator under § 43.11 of this chapter shall be retained until the defects ar e repaired and the aircraft is approved for return to service.

C. The Extent Of Relief John Daza Seeks And The Rea son John Daza Seeks The Relief.

1. Extent of Relief John Daza Seeks And The Reason John Daza 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 P IC holding a private pilot certificate, as well as an airman medical certifica te, and who has met certain flight:hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any12

business or employment if: (1) The flight is only i ncidental to that business or employment; and (2) The aircraft does not carry passengers or prope rty for compensation or hire. As set forth more fully below, John Daza submits th at an equivalent level of safety will be maintained because no PIC will be allowed to ope rate the Phantom 2 Vision UAS unless that PIC has met certain flight:hour and currency requir ements, demonstrating that the PIC is able to safely operate the Phantom 2 Vision UAS in a manner consistent with the operations specifications as set forth herein, including evasi ve and emergency maneuvers, as well as maintaining appropriate distances from people, vess els, vehicles and structures. Further, John Daza submits that all flights of the Phantom 2 Vision UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to John Daza’s business; and (2) will not carry passengers or property for c ompensation or hire.

2. Extent of Relief John Daza Seeks And The Reason John Daza 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 John Daza to determine that the P hantom 2 Vision UAS is in an airworthy condition prior to every flight by ensuring that th e UAS is in compliance with the operating documents (i.e., the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start Guide, the Phantom 2 Vision Checklists, the Smart Flight B attery Safety Guidelines and the Phantom Pilot Training Guide). John Daza seeks the requested relief because the Ph antom 2 Vision UAS does not require

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, John

Daza will ensure that the Phantom 2 Vision UAS is i n an airworthy condition based upon its compliance with the operating documents prior to ev ery flight, and further, determine the aircraft is in a condition for safe flight, as stated in the conditions and limitations below.13

3. Extent of Relief John Daza Seeks And The Reason John Daza Seeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the Phantom 2 Vision UAS, because the Phantom 2 Vision UA’s altitude reporting equipment may be set on the ground to zero feet AGL , rather than local barometric pressure or field altitude, before each flight. The Phantom 2 Vision UAS utilizes a barometric pressure sensor, GPS equipment, and a radio communications t elemetry data link to downlink altitude information from the UA to the PIC at the ground co ntrol station (GCS). Considering the limited altitude of the proposed op erations, relief from 14 C.F.R. § 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, a le vel of safety equivalent to Section 91.121 will

be ensured as the altitude of the Phantom 2 Vision UA will be reported to air traffic control (ATC) in feet above ground level (AGL), and John Da za will operate the Phantom 2 Vision UA within visual line of sight, at or below 400 fee t AGL.

4. Extent Of Relief John Daza Seeks And The Reason John Daza 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 o f the battery powered Phantom 2 Vision UA during daylight hours in visual meteorological cond itions (VMC), under visual flight rules (VFR) for a total duration of 20 minutes to the fir st point of intended landing and, assuming normal cruising speed, to fly after that for at lea st five minutes (i.e., 20 percent battery power remaining). John Daza seeks the requested relief b ecause without an exemption from Section 91.151(b), the flight time duration of the battery powered Phantom 2 Vision UA will severely14

constrain the practicality of any aerial acquisitio n and research flight operations that John Daza proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical sp ecifications of the Phantom 2 Vision UAS, the Phantom 2 Vision UAS operating documents, and John Daza’s proposed operating limitations, ensure that John Daza will safely oper ate the battery powered Phantom 2 Vision UA during daylight hours in visual meteorological c onditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of 20 minutes to the first point of intended landing and, assuming normal cruising spee d, to fly after that for at least five minutes (i.e., 20 percent battery power remaining).

5. Extent Of Relief John Daza Seeks And The Reason John Daza Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.4 09(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 , John Daza requests relief from these Sections because the Phantom 2 Vision UAS does not require a n airworthiness certificate. As set forth more fully below, the Phantom 2 Vision UAS meets th e conditions of Section 333 of the FMRA for operation without an airworthiness certificate. All maintenance, alterations, or preventive mainten ance on the UAS of the Phantom 2 Vision UAS performed by John Daza will be in accord ance with the methods, techniques, and practices prescribed in the operating documents (i. e., the Phantom 2 Vision User Manual, the Phantom 2 Vision Quick Start Guide, the Phantom 2 V ision Checklists, the Smart Flight Battery Safety Guidelines and the Phantom Pilot Training Gu ide). Furthermore, only the Original Equipment Manufacturer (OEM) or qualified OEM maint ainers will perform higher level15

inspections and maintenance per the operating docum ents and OEM standards. John Daza will

document and maintain all maintenance records for t he Phantom 2 Vision UAS. D. The Reasons Why Granting John Daza’s Request Wou ld Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petition will further the publ ic interest by allowing John Daza to safely, efficiently, and economically perform aeria l acquisitions and research within the NAS, commercially, in support of government entities, ag riculture, scientific studies, railroad industry, and the oil and gas industries. Additionally, use of the Phantom 2 Vision UAS will decrease congestion of the NAS, reduce pollution, and provid e significant benefits to the economy. Notably, the benefits of John Daza’s proposed operation of t he Phantom 2 Vision UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From The Aerial Acquisit ion And Research Performed. John Daza submits this Petition to commercially ope rate the Phantom 2 Vision UAS and perform aerial acquisitions within the NAS, in supp ort of government entities, scientific studies, and industry (e.g., railroad, bridge and vertical s tructures). The Phantom 2 Vision UAS will provide safe, efficient, and economical aerial acqu isition and research operations to further each of these fields, all of which are critical to the w ell:being of the general public. The specific operations that John Daza will perform with the Phantom 2 Vision UAS demonstrate how the requested exemption will direct ly benefit the above:referenced industries and the public. In the railroad, bridge and vertic al structures industries, the Phantom 2 Vision UAS will be used to: aid in facility inspections; s urvey and plan new worksites; survey of damage cause by storms, natural disasters, and acci dents; and perform right of way analysis. The Phantom 2 Vision UAS may also further environme ntal management by mapping beach errosion and surveying point source pollution.16

2. The Public Will Benefit From Decreased Congestio n Of The NAS. The Phantom 2 Vision UA is battery powered and serv es as a safe, efficient, and

economical alternative to the manned aircraft tradi tionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to pe rform aerial acquisitions, an exemption allowing the use of a Phantom 2 Vision UAS would re duce the amount of manned aircraft in the NAS, reduce noise and air pollution, and increase t he safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircr aft operating in the NAS, congestion around airports caused by arriving and d eparting aircraft will be reduced. The Phantom 2 Vision UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial survey missions w ould result in fewer aircraft that must be handled by air traffic control during the ground, t akeoff, departure, arrival, and landing phases of flight operations. 3. The Public Will Benefit From The Safety And Effi ciency Of The Phantom 2 Vision UAS. Conducting aerial acquisitions with the Phantom 2 V ision UAS, instead of manned aircraft, will greatly benefit the public by drasti cally reducing the levels of air and noise pollutio n generated during traditional aerial survey flight o perations. By using battery power and electric motors, the Phantom 2 Vision UAS produces no air po llution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are typically utilized for aer ial acquisitions, and burn approximately 20:30 gallons per hour of leaded aviation fuel. The Phan tom 2 Vision UA, while reducing the carbon17

footprint of aerial acquisitions, also reduces nois e pollution, as the UA is propelled by battery powered electric motors, rather than an internal co mbustion engine. By using the Phantom 2 Vision UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, whi ch is usually associated with traditional manned aircraft flight operations, will be substantially r educed or completely eliminated. Aside from the lack of flightcrew members located onboard the airc raft, the Phantom 2 Vision UA (weighing approximately 5.5 pounds at its maximum gross weigh t; measuring approximately 14 inches diagonally; and carrying no fuel on board), has les s physical potential for collateral damage to life and property on the ground, and in the air, compare d to the manned aircraft that typically conduct aerial acquisitions (weighing approximately 6,500 p ounds with a wingspan of approximately 40 feet, a length of 34 feet, and a fuel capacity of 1 80 gallons). 4. Performing Aerial Acquisition Operations With Th e Phantom 2 Vision UAS Will Benefit The Economy. In addition to being safe and efficient, the Phanto m 2 Vision UAS is also an economical alternative to using manned aircraft to conduct aer ial acquisitions. As such, operation of the

Phantom 2 Vision UAS will allow United States based businesses to remain competitive and contribute to growth of the U.S. economy. Specific ally, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulat ory 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 power ed Phantom 2 Vision UAS is one such technology that not only allows companies greater o perational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned

aircraft.18

By operating the Phantom 2 Vision UAS businesses ca n remain competitive and profitable, and therefore, provide greater job stab ility 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 Phantom 2 Vision UAS, provides a stable workforce that increases consumer spending; improves local, s tate, 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. 5. There Are No Privacy Issues. Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, John Daza’s proposed operation of the Phan tom 2 Vision UAS will not implicate any privacy issues. Specifically, the Phantom 2 Vision UAS will only be operated pursuant to the specific conditions and limitations set forth herei n, and in accordance with the Federal Aviation Regulations, including the minimum altitude require ments of 14 C.F.R. § 91.119. Most significantly, the Phantom 2 Vision UA will not be operated closer than 500 feet to any person, vessel, vehicle, or structure, which is not directl y involved in the operation. E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety A t Least Equal To That Provided By The Rule From Which John Daza Seeks Exe mption. 1. Reasons Why The Phantom 2 Vision UAS Meets The C onditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Sec tion 333. In consideration of the size, weight, speed, and li mited operating area associated with the unmanned aircraft and its operation, John Daza’s op eration of the Phantom 2 Vision UAS meets the conditions of FMRA Section 333, and will not re quire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.19

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 na tional security. Specifically, FMRA Section 333 states the following, in part: (a) In General.**Notwithstanding any other requirem ent of this subtitle, and not later than 180 days after the date of enactment of this A ct, the Secretary of Transportation shall determine if certain unmanned aircraft system s may operate safely in the national airspace system before completion of the plan and r ulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.**In ma king the determination under subsection (a), the Secretary shall determine, at a minimum** (1) which types of unmanned aircraft systems, if an y, 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 cr eate a hazard to users of the national airspace system or the public or pose a th reat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, Unit ed States Code, is required for the operation of unmanned aircraft systems identifi ed under paragraph (1). (c) Requirements for Safe Operation.**If the Secret ary determines under this section that certain unmanned aircraft systems may operate safel y 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, John Daza submits that t he Phantom 2 Vision UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Phantom 2 Vision UAS; (b) th e pilot certification requirement; and (c) the specific operating limitations.20 a. The Specifications Of The Phantom 2 Vision UAS D emonstrate Its Safe Characteristics.

The Phantom 2 Vision UAS does not create a hazard t o users of the NAS or the public, or otherwise pose a threat to national security consid ering its size, weight, speed, and operational capability. i. Technical Specifications Of The Phantom 2 Vision UAS. The technical specifications of the Phantom 2 Visio n UAS are set forth at page 70 of the Phantom 2 Vision User Manual, attached hereto as Ex hibit A. Exhibit A contains proprietary information and is to be held in a separate file pu rsuant to 14 C.F.R. § 11.35(b) 1

.

ii. The Phantom 2 Vision UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area. The Phantom 2 Vision UAS may be operated in both se mi and fully autonomous flight

modes. The Phantom 2 Vision UAS autonomous feature s include the following: a GPS Position

and Altitude Hold when the GCS controls are release d to their neutral positions; a Return To Home (RTH) function; and Flight Limits (i.e, pre:se t limitations that restrict the distance and height of the UAS flight operations). A complete description of the autonomous modes of t he Phantom 2 Vision UAS is provided at pages 32 through 41 of the Phantom 2 Vi sion User Manual, attached hereto as Exhibit A. Exhibit A contains proprietary informat ion and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

1 Exhibits to this Petition contain proprietary infor mation, and in accordance with 14 C.F.R. § 11.35(b), are not to be included in the Federal Doc ket Management System (FDMS).21 iii. The Phantom 2 Vision UAS Is Designed For Autom atic Return To Home Point Or Auto-Land In The Event Of Loss Of The Control Link Or Navigation. A complete description of the Failsafe Functions of the Phantom 2 Vision UAS is set forth at pages 32 through 41 of the Phantom 2 Visio n User Manual, attached hereto as Exhibit A. Exhibit A contains proprietary information and is t o be held in a separate file pursuant to 14 C.F.R. § 11.35(b). iv. The Phantom 2 Vision GCS And Its Operation. A complete description of the operation and specifi cations of the Phantom 2 Vision GCS and its software is provided at pages 7 through 17 and pages 42 through 65 of the Phantom 2

Vision User Manual. The Phantom 2 Vision UAS is co mpliant with all Federal Communications Commission (FCC) requirements, and the radio freque ncy spectrum used for operation and control of the UA is set forth at page 70 of the Ph antom 2 Vision UAS User Manual. A copy of the Phantom 2 Vision User Manual, which contains pr oprietary information, is attached hereto as Exhibit A, and is to be held in a separate file pur suant to 14 C.F.R. § 11.35(b).

b. Flight Operations Of The Phantom 2 Vision UAS Ar e Limited To The Line Of Sight Of A Certificated Pilot in Comman d With A Safety Observer. John Daza will only utilize certificated pilots who possess a current and valid FAA issued airman medical certificate to act as a pilot in command (PIC) of the Phantom 2 Vision UAS. Additionally, a safety observer will assist a ll pilots during flight operations.

c. Flights Of The Phantom 2 Vision UAS Will Be Cond ucted Pursuant To Specific Operating Limitations. In seeking this exemption, John Daza proposes to co mmercially operate the Phantom 2 Vision UAS for the special purpose of conducting ae rial acquisitions within the NAS, pursuant to the following specific operating limitations:22

1. Operations authorized by this grant of exemption are limited to the following aircraft described in the operating documents, which is a qu ad:rotor aircraft weighing less than 6 pounds at maximum gross weight: DJI Phantom 2 Visio n Unmanned Aircraft System. Proposed operations of any other aircraft will requ ire a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limi ted to conducting operations for the purpose of aerial acquisitions. 3. The UA may not be flown at an indicated airspeed exceeding 30 knots. 4. The UA must be operated at an altitude of no mor e than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL. 5. The UA must be operated within visual line of si ght (VLOS) of the PIC at all times. This requires the PIC to be able to use human visio n unaided by any device other than corrective lenses, as specified on the PIC’s FAA:is sued airman medical certificate. 6. The use of first person view (FPV) by the PIC or visual observer (VO) is not permitted. 7. All operations must utilize a visual observer (V O). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintain s VLOS capability. The VO and PIC must be able to communicate verbally at all tim es. Electronic messaging or texting is not permitted during flight operations. The PIC mus t be designated before the flight and cannot transfer his or her designation for the dura tion of the flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents. 8. The VO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based o bstacles/obstructions and is not permitted to operate the camera or other instrument s. 9. The operating documents and the grant of exempti on 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 opera ting 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. I f the operator determines that any update or revision would affect the basis upon whic h the FAA granted the exemption, then the operator must petition for amendment to th e grant of exemption. The FAA’s23

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 PIC must inspect the U AS to ensure 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 nec essary 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 m aintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alter ations that affect the UAS operation or flight characteristics, e.g. replaceme nt of a flight critical component, must undergo a functional test flight. The PIC who condu cts 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 covere d 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 r equirements. 14. The operator must carry out its maintenance, in spections, and record keeping requirements, in accordance with the operating docu ments. Maintenance, inspection, alterations, and status of replacement/overhaul com ponent 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 th e UAS to service. 15. Each UAS operated under this exemption must com ply 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 betwe en inspections. 17. The PIC must possess at least a private pilot c ertificate and at least a current third: class medical certificate. The PIC must also meet t he flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PI C is rated on his or her pilot 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 h ours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). The VO is als o required to complete the operator’s training requirements. A record of training must be documented and made available upon request by the Administrator. Flights for the purpo ses of training the operator’s PICs and24

VOs (training, proficiency, and experience:building ), are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, an d experience:building flights, all persons not essential for flight operations are con sidered 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 nigh t, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorolo gical conditions (VMC). Flights under special visual flight rules (SVFR) are not au thorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA:published aeronautical cha rt unless a letter of agreement with that airport’s management is obtained, and the oper ation is conducted in accordance with a NOTAM as required by the operator’s COA. The lett er of agreement with the airport management must be made available to the Administra tor upon request. 21. The UA may not be operated less than 500 feet b elow or less than 2,000 feet horizontally from a cloud or when visibility is les s 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 ar ea and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of u npredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight u nless (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 20% battery powe r remaining. 25. The operator must obtain an Air Traffic Organiz ation (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting a ny operations under the grant of exemption. This COA will also require the operator to request a Notice to Airmen (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in acc ordance with airspace requirements in the ATO issued COA including class of airspace, alt itude level and potential transponder requirements. 26. All aircraft operated in accordance with the ex emption must be identified by serial number, registered in accordance with 14 C.F.R. par t 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.25

27. Before conducting operations, the radio frequen cy spectrum used for operation and control of the UA must comply with the Federal Comm unications Commission (FCC) or other appropriate government oversight agency requi rements. 28. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any ti me the UAS is operating. These documents must be made available to the Administrat or 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. The UA may not be operated over congested or de nsely populated areas. 32. Flight operations must be conducted at least 50 0 feet from all nonparticipating persons (persons other than the PIC, VO, operator t rainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficie ntly protect nonparticipating persons from the UA and/or debris in the event of a n accident. The operator must ensure that nonparticipating persons remain under s uch protection. If a situation arises where nonparticipating persons leave such pr otection and are within 500 feet of the UA, flight operations must cease immedi ately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or struc tures has granted permission and the PIC has made a safety assessment of the ris k of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, VO, operator train ees or essential persons do not present an undue hazard to those persons per § 91.1 19(a). 33. All operations shall be conducted over private or controlled:access property with permission from the land owner/controller or author ized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 34. Any incident, accident, or flight operation tha t transgresses the lateral or vertical boundaries of the operational area as defined by th e applicable COA must be reported to the FAA's UAS Integration Office (AFS:80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.26

2. Reasons Why An Exemption From The Requirements O f Section 61.113(a) And (b) Would Not Adversely Affect Safety. John Daza submits that the equivalent level of safe ty established by Section 61.113(a) and (b) will be maintained because no PIC will be allow ed to operate the Phantom 2 Vision UAS unless that PIC has demonstrated, by meeting minimu m flight:hour and currency requirements, that the PIC is able to safely operate the Phantom 2 Vision UAS in a manner consistent with the exemption, including evasive and emergency maneuver s and maintaining appropriate distances from people, vessels, vehicles and structures. Considering John Daza’s proposed area of operations , and the operating limitations set forth:above; the parallel nature of private pilot a eronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills nec essary to safely operate the Phantom 2 Vision UAS, John Da za submits that the additional manned airmanship experience of a commercially certificate d pilot would not correlate to the airmanship skills necessary for John Daza’s specific proposed flight operations. The Phantom 2 Vision UAS has been the subject of mu ltiple Grants of Exemption from Section 61.113(a) and (b) (Exemption Nos. 11153, 11 157). Additionally, the FAA has previously granted relief from Section 61.113(a) an d (b) specific to UAS, in circumstances similar, in all material respects, to those present ed herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11 112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161, 11170, 11171, 11172). John Daza will not allow any PIC to operate the Pha ntom 2 Vision UAS unless that PIC has demonstrated, by meeting minimum flight:hou r requirements or the Phantom 2 Vision UAS training and currency requirements, that the PI C is able to safely operate the Phantom 227

Vision UAS in a manner consistent with this exempti on, including evasive and emergency maneuvers and maintaining appropriate distances fro m people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and log ged, in a manner consistent with 14 C.F.R. § 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 (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 take:offs and landings in the preceding 90 days (for currency pur poses). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulati ons will ensure an equivalent level of safety during John Daza’s proposed operations. The Admini strator has held that prior documented flight experience that was obtained in compliance w ith 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 opera tions), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.5 1(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours lo gged as a UAS pilot with a multi:rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UA S pilot operating the same make and model of UAS to be used for operations under th e exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi:rotor time and the 10 hours may be included in the total 25 hours of U AS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 take:o ffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight:hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petition er’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requireme nt. Training, proficiency, and experience:building flights can also be conducted u nder the grant of exemption to accomplish the required flight time. During trainin g, proficiency, and experience:building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.28

Exemption No. 11138 at page 15. Accordingly, John Daza will ensure safe operations by not allowing any PIC to operate

the Phantom 2 Vision UAS unless that PIC has demons trated, by meeting minimum flight:hour and currency requirements, that the PIC is able to safely operate the Phantom 2 Vision UAS in a manner consistent with the exemption, including eva sive and emergency maneuvers and maintaining appropriate distances from people, vess els, vehicles and structures. 3. Reasons Why An Exemption From The Requirements O f Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Secti on 91.7(a) will be maintained because prior to every flight, John Daza will ensure that t he Phantom 2 Vision UAS is in an airworthy condition based upon the Phantom 2 Vision UAS’s com pliance with its operating documents (i.e., the Phantom 2 Vision User Manual, the Phanto m 2 Vision Quick Start Guide, the Phantom 2 Vision Checklists, the Smart Flight Battery Safet y Guidelines and the Phantom Pilot Training Guide), and as stated in the conditions and limitat ions herein. The Phantom 2 Vision UAS has been the subject of mu ltiple Grants of Exemption from Section 91.7(a) (Exemption Nos. 11153, 11157). Add itionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in cir cumstances 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, 1 1156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172). 4. Reasons Why An Exemption From The Requirements O f Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Secti on 91.121 will be maintained because the altitude of the Phantom 2 Vision UA will be rep orted to air traffic control (ATC) in feet29

above ground level (AGL), and John Daza will operat e the Phantom 2 Vision UA within visual line of sight, at or below 400 feet AGL. Furthermo re, the altitude information of the Phantom 2 UA will be provided to the PIC via a barometric pre ssure sensor, 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. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground leve l. The Phantom 2 Vision UAS was the subject of multipl e Grants of Exemption from Section 91.121 (Exemption Nos. 11153, 1157). The F AA has previously granted relief from Section 91.121 specific to UAS, in circumstances si milar, 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, 11 157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171). 5. Reasons Why An Exemption From The Requirements O f Section 91.151(b) Would Not Adversely Affect Safety. A grant of this exemption would ensure an equivalen t level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the tec hnical specifications of the Phantom 2 Vision UAS; (2) the limitations on the proposed flight ope rations; and (3) the location of the proposed flight operations. Accordingly, John Daza will ens ure that it will safely operate the battery powered Phantom 2 Vision UA during daylight hours i n visual metrological conditions (VMC) under visual flight rules (VFR), with enough batter y power to fly for a total duration of 20 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least five minutes (i.e., 20 percent ba ttery power remaining).30

Here, as in Exemption No. 11109, the technical spec ifications of the Phantom 2 Vision UAS; the limitations on the proposed flight operati ons; and the location of the proposed operations, will ensure an equivalent level of saf ety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the Phantom 2 Vision UAS provides audible and visual warnings to the PIC at the GCS when the UA has low battery power remaining. Significantly, the Phantom 2 Vision UAS has been th e subject of multiple Grants of Exemption from Section 91.151 (Exemption Nos. 11153 , 11157), and other previous exemptions granted by the FAA concerning Section 91 .151 establish that safety is not adversely affected when the technical characteristics and ope rating limitations of the UAS are considered. Relief has been granted for manned aircraft to oper ate 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 speci fic 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, 11 109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11 167, 11170, 11171, 11172). 6. Reasons Why An Exemption From The Requirements O f 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, John Daza submits that t he 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 all maintenance, alterations, or preventive maintenance of the Phantom 2 Vision UAS performed by John Daza will be in accordance with the methods, t echniques, and practices prescribed in the operating documents (i.e., the Phantom 2 Vision Use r Manual, the Phantom 2 Vision Quick Start31

Guide, the Phantom 2 Vision Checklists, the Smart F light Battery Safety Guidelines and the Phantom Pilot Training Guide). Furthermore, only t he Original Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher le vel inspections and maintenance per the operating documents and OEM standards. John Daza w ill document and maintain all

maintenance records for the Phantom 2 Vision UAS. Since the Phantom 2 UAS will be inspected as prescr ibed by the operating documents, John Daza will maintain the equivalent level of saf ety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). The following oper ating documents are attached hereto, identified as the following Exhibits: (A) the Phant om 2 Vision User Manual; (B) the Phantom 2 Vision Quick Start Guide; (C) the Phantom 2 Vision Checklists; and (D) the Smart Flight Battery Safety Guidelines. The foregoing exhibits contain proprietary information and are to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). Likewise, the exemption sought will not adversely a ffect safety because all maintenance, alterations, or preventive maintenance of the Phant om 2 Vision UAS will be performed by John Daza in accordance with the methods, techniques, an d practices prescribed in the operating documents. Only the Original Equipment Manufacture r (OEM) or qualified OEM maintainers will perform higher level inspections and maintenan ce per the operating documents and OEM

standards. John Daza will document and maintain al l maintenance records for the Phantom 2

Vision UAS. Furthermore, an equivalent level of safety establis hed by Sections 91.407, 91.417(a) and 91.417(b), because John Daza will document and main tain all of the maintenance records for

the Phantom 2 Vision UAS.32

The Phantom 2 Vision UAS has been the subject of mu ltiple Grants of Exemption from Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409 (a)(2), and 91.417(a) and (b) (Exemption Nos. 11153, 11157), and other previous exemptions granted by the FAA concerning these Sections establish that safety is not adversely aff ected when the technical characteristics and operating limitations of the UAS are considered (e. g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11 136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11 171, 11172). 7. The FAA May Prescribe Any Other Conditions For S afe Operation.

In accordance with Section 333 of the FAA Moderniza tion and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , John Daza requests that the FAA prescribe special conditions for the intended opera tion of the Phantom 2 Vision UAS, which contain such safety standards that the Administrato r 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 UA for the limited purpose of conducting aerial acquisitions within the NAS for c ompensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UA S 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 certifica tion in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for operation of the Phantom 2 Vision UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropria te safety standards, due to the novel or33

unusual design features of the aircraft. Section 2 1.16, 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 air craft, 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 the reto 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 prop eller as the FAA finds necessary to establish a level of safety equivalent to that esta blished 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 John Daza’s intend ed operation of the Phantom 2 Vision UAS, which contain such safety standards that the Admini strator 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). F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which John Daza Seeks Exemption: John Daza P.E. seeks exemption from the requirement s 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 John Daza Seeks: This exemption will permit John Daza P.E. to commer cially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial acquisitions within the National Airspace System (NAS). G. Any Additional Information, Views, Or Arguments Available To Support John Daza’s Request. This Petition is made pursuant to the FAA Moderniza tion and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS34

may operate safely in the NAS. As such, John Daza’ s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 1 4 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for co nsidering whether a UAS will create a hazard to users of the NAS or the public, or othe rwise pose a threat to national security; and further, provides the authority for such UAS to ope rate without airworthiness certification. As discussed in detail above, John Daza will operat e the Phantom 2 Vision UAS safely in the NAS, without creating a hazard to users of t he NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION As set forth herein, John Daza seeks an exemption p ursuant 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 Phantom 2 Vision UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial acquisitio ns within the National Airspace System (NAS). By granting this Petition, the FAA Administ rator 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 John Daza to safely, eff iciently, and economically operate the Phantom 2 Vision UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulatio ns and the FAA Modernization and Reform Act of 2012, Section 333, John Daza 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 John Daza to operate th e Phantom 2 Vision UAS commercially for the purpose of conducting aerial acquisitions withi n the NAS.35

Dated: May 18, 2015 Respectfully submitted,

John Daza P.E. Professional Engineer /s/ John Daza

124 West Fulton Street Long Beach, NY 11561 Tel: (646) 337:4744