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

IN THE MATTER OF THE PETITION FOR EXEMPTI ON OF: Lawrence Steven Jones

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TI TL E 14 OF THE CODE OF FEDERAL REGULATIONS 14 C.F.R §§ 61.23(a), 61.101(34) 61.113(a) & (b), 61.315 (a), 91.7(a), 91.119 (c), 91.119 (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), CONCERNI NG COMMERCIAL OPERATI ON OF DJ I PHANTOM 2 VI SI ON+ AND DJ I INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on June 12 , 2015

Lawrence Steven Jones
3200 L a Rotonda Dr. Unit 409 Rancho Palos Verdes, CA 90275
310

- 704

- 6012
Private Pilot# 558251056

## 1 Table of Contents
GLOSSARY OF ABBREVIATIONS

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

................................ ................................ ................................ ................................ ............................ 3
IN TRODUCTION AND INT ERESTS OF THE PETITIONER

................................ ................................ ............ 3
BACKGROUND

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

................................ ................................ ................................ ................................ ......... 3
Name And A ddress Of The Petitioner.

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

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

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

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

................................ ................................ ................................ ................................ ......... 8 The Reasons Why

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

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

................................ ................................ ................................ ................................ ..................... 17

## 2 GLOSSARY OF ABBREVIATIONS
AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations
COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation
GCS Ground Control Station
GPS Global Positioning Sy stem LOL Loss of Link
NAS National Airspace Sy stem NOTAM Notice to Airman
PI C Pilot In Command
Section 333 FAA Modernization and Refor m Act of 2012
SO Safety Observer
SOP Standard Operating Procedures
UA Unmanned Aircraft
UAS Unmanned Aircraft Sy stem
VFR Visual Flight Rules
VLOS Visual L ine of Site
VMC Visual Meteorological Conditions
VTOL Vertical Takeoff and Landing

## 3 SUMMARY

Lawrence Steven Jones (Applicant) seeks exemption from the requirements of 14 C.F.R §§ 61.23(a), 61.101(34 ) 61.113(a) & (b), 61.315 (a)
, 91.7(a), 91.119 (c), 91.119 (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Applicant to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photography of to be used in televis ion commercials and news reports, and sporting events over certain areas of the United States.



### INTRODUCTION AND INTERESTS OF TH E PETITIONER My name is Lawrence Steven Jones, Iam 58 years old, with an Bachelor s Degree in Industrial Design, and registered as a professional video producer for Honda R&D Americas Inc for the past 32 years

. I completed training as a fixed wi ng and rotorcraft Private Pilot (PP#558251056) , receiving my license in 1993

. I currently

have a Long EZ experimental airplane (N390EZ) stored at TOA airport in Torrance, CA . My Airman Medical Cert ificate 3 rd c lass is current and valid. Over 1100 hours TT in over 35 different ty pes of aircraft. All certificates are current and valid. My training provided a strong knowledge of aerody namics, aircraft construction, aircraft maintenance
, and safety

. I wish to provide high quality imaging for a variety

of commercial and public uses, specifically targeting:

 Commercial Photography

 Commercial Filming ( Videograph y)

 Building Inspections ( walls, roofs, solar and window panels )

 Sporting Events (bicycle, auto and motorcycle racing)

 Inspections of Commercia l Real Estate



### BACKGROUND Unmanned Aircraft Sy stems: DJI Phantom 2 Vision+, DJ I Inspire 1 UASs

– Over 25 hours TT Applicant seeks an exemption to operate DJ I sy stems for compensation or hire within the NAS. The DJI Phantom 2 Vision+ and DJIInspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone s ystems. The DJ I Phantom 2 Visi on+ 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 Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounce s, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJ I Phantom 2 Vision+ and DJ I Inspire 1UAs are equipped with four main rotors; driven by L ithium Poly

mer battery

powered electric mot ors. The DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAs that will be operated b y Applicant will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration
, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.



### BASIS FOR PETITION Petitioner, Applicant , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform A ct of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commerciall y operate the DJ I Phantom 2 Vision+, DJ I Inspire 1 UASs in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.23(a), 61.101(e 4 ) 61.113(a) & (b), 61.315 (a)
, 91.7(a), 91.119 (c), 91.119 (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.4 09(a)(1 ) & (a)(2), and 91.417(a) & (b).

## 4 In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Applicant operation of DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, Applicant requests relief from Sections 91.405(a), 91.407(a) (1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only appl y to aircraft with an airworthiness certificate. Applicant submits that the requested relief is proper since an equivalent level of saf et y will be ensured. Applicant will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly

Mainte nance Log, and DJ I Phantom 2 Vision+ and DJ I Inspire 1 Instruction Manual). Furthermore, Applicant will document and maintain all maintenance records for the DJ I Phantom 2 Vision+ and DJIInspire 1 UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Applicant to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate , and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJI Phantom 2 Vision+ and DJIInspire 1 UASs in a manner consistent with this exemption, including evasive and emergency

maneuv ers and maintaining appropriate distances from people, vessels, vehicles and structures. Applicant seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness
, because the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Applicant submits that he will ensure that the DJ I Phantom 2 Vision+ and DJIInspire 1UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight. Appl icant also seeks an exemption from the requirements of Section 91.119 (c), entitled Minimum Safe Altitudes: General , as the DJI Phantom 2 Vision+ and DJIInspire 1 UAs operate at low altitudes of 400 feet or less. Applicant also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 Vision+ and DJIInspire 1 UAs will not have a t ypical barometric altimeter onboard. However, altitude information of the DJ I Phantom 2 Vision+ and DJ I Inspire 1UAs 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 monitoring of the flight path. This altitude information, combined with Applicant ’s operation of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safet y equivalent to Section 91.121. Additionally
, Applicant seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Applicant submits that safety will not be affected by

operation of the DJI Ph antom 2 Vision+ and DJIInspire 1 UAs during daylight hours in visual meteorological con ditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.
In a ccordance with 14 C.F.R. § 11.81, Applicant provides the following information in support of its petition for exemption:

## 5 Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is: Applicant
3200 L a Rotonda Dr. Unit 409 Rancho Palos Verdes, CA 90275
310 704

- 6012
Email: sjones@hra.com
Private Pilot # 558251056



### The Specific Sections Of 14 C.F.R. From Which Applicant Seeks Exemption. **Applicant Seeks Exemption From The Requirements Of Section 61.113(a) And (b).**  Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is

carryi ng passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. (b) A privat e pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or employ ment if

— (1) The flight is only

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

for compensati on or hire. **Applicant Seeks Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworth y condition. **Applicant Seeks Exemption From The Requirements Of Section 91.119 (c).**  Except when necessary

for takeoff or landing, no person may operate an aircraft below the following altitudes: **Applicant Seeks Exemption From The Requirements Of Section 91.121.** 
Secti on 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. **Applicant Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:

## 6 (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. **Applicant Seeks Exemption From The Requirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (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[.] **Applicant Seeks Exemption From The Requirements Of**  **Section 91.407(a)(1)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration
, subsection (a)(1), states the following: (a) No person may

operate any

aircraft that h as undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.] **Applicant Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless , within the preceding 12 calendar months, it has had

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

§ 43.7 of this chapter; or (2) An inspection for the issuan ce of an airworthiness certificate in accordance with part 21 of this chapter. **Applicant Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following : (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance , and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must 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 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 safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescri bed 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:

## 7 (1) The records spec ified 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 w ith the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.



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

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

- hour and currency require ments, 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 an y business or employment if: (1) The flight is only

incidental to that business or employment; and (2) The aircraft does not carry passengers or propert y for compensation or hire.
As set forth more full y below, Applicant submits that an equivalent level of safet y will be maintained because no PI C will be allowed to operate the DJ I Phantom 2 Vision+ UAS or DJ I Inspire 1 UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PI C is able to safely operate either the DJI Phantom 2 Vision+ or DJ I Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances fr om people, vessels, vehicles and structures. Further, Applicant submits that all flights of the DJI Phantom 2 Vision+ and DJIInspire 1 UASs, conducted by the PI C pursuant to the grant of this Petition: (1) will be incidental to Applicant 's business; and (2 ) will not

carry passengers or property for compensation or hire.
**Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Applicant to determine that the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs are in airworth y condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Ap plicant Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Inspire 1 Instruction Manual). Applicant seeks the requested relief because the DJI Phantom 2 Vision+ and DJIInspire 1 UASs do not require an airworthiness certifi cate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Applicant will ensure that the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs are in airworth y condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, an d DJ I Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Section 91.119 (c).** Relief from Section 91.119 (c), entitled Minimum Safe Altitudes: General , as the DJ I Phantom 2 Vision+ and DJIInspire 1 UAs operate at low altitudes of 400 feet or less.
**Extent Of Relie f**  **Applicant Seeks And The Reason**  **Applicant Seeks Relief From Section 91.121** 

**.** Relief from Section 91.121 , entitled Altimeter settings , may be required to allow flight operations of the DJ I Phantom 2 Vision+ and DJIInspire 1 UASs, 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 th at an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Applicant seeks the requested relief because the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL,

## 8 rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display of the GCS.
**Extent Of Relief**  **Applicant Seeks And The Reason**  **Applicant Seeks Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJI Ph antom 2 Vision+ and DJIInspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y a fter that for at least 4.5 minutes. Applicant 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 Vision+ and DJ I Inspire 1 UAs will severely constrain the practicalit y of an y aerial video or still photo flight operations that Applicant proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of th e DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs, the DJ I Phantom 2 Vision+ and DJ I Inspire 1 operating documents, and Applicant ’s proposed operating limitations, ensure that Applicant will safel y operate the battery powered DJI Phantom 2 Vision+ and DJI Inspir e 1 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 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to f ly after that for at least 4.5 minutes.
**Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).**  Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) onl y appl y to aircraft with an airworthiness certificate, Applicant requests relief from these Sections because the DJ I Phantom 2 Vision+ and DJIInspire 1 UASs do not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Applicant will use trained technicians to perform maintenance, alterations, or preventive mainte nance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance L og, and DJI Phantom 2 Vision+ and DJIInspire 1 Instruction Manual). Furthermore, Ap plicant will document and maintain all maintenance records for the DJ I Phantom 2 Vision+ and DJ I In spire 1 UASs.



### The Reasons Why Granting Applicant Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A W hole. Granting the present Petition will further the public interest b y allowing Applicant to safel y, efficiently , and economicall y perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States.
A dditionally , use of the DJI Phantom 2 Vision+ and DJIInspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notabl y, the benefits of Applicant ’s proposed operation of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs will be realized without implicating an y privacy issues. **The Public Will Benefit From Decreased Congestion Of The NAS.**
The DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAs are battery powered and serve as a safe, efficient, and economica l alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+ or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and

## 9 photograph y missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **The Public Will Benefit From The Safety And Efficiency Of The DJI**  **Phantom 2 Vision+ and DJI Inspire**  **1 UASs.**  Conducting aerial acquisitions with the DJI Phantom 2 Vision+ and DJ I Inspire 1 UASs, instead of manned aircraft, will greatl y benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery

power and electric motors, the DJI Phantom 2 Vision+ and DJ I Inspire 1 UASs produce no air polluti on, and is the most viable environmentally

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

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+ and DJIInspire 1 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion eng ine. By using the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs to perform aerial acquisitions, the substantial risk to life and propert y in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be s ubstantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAs (weighing approximately

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

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain compe titive. Operating the battery

powered DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs, companies such as Applicant , can remain competitive and profitable, and therefore, provide greater job stability to employ ees 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 DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Applicant ’s proposed operation of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs will not implicate any privacy issues. Specificall y, the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs will be operated onl y in compliance with operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJIInspire 1 Instruction Manual) which requires property owner involv ement 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.

## 10 The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Applicant Seeks Exemption.

**Reasons Why The DJI**  **Phantom 2 Vision+ and DJI Inspire 1 UAs**  **Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Applicant ’s operation of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs 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 certi fication 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 securit y. Specifically, FMRA Section 333 states the following, in part: (a ) In General.

--Notw ithstanding 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 dete rmine, at a minimum

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

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Applicant submits that the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the DJ I Phantom 2 Vision+ and DJIInspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operati ng limitations. **a. The Specifications Of The DJI**  **Phantom 2 Vision+ and DJI Inspire 1**  **UASs Demonstrate Its Safe Characteristics.** 
The DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y considering its size, weight, speed, and operational capability

. **i. Technical Specifications Of The DJI**  **Phantom 2 Vision+ and DJI Inspire 1**  **UASs.** The technical specifications of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs are set forth by the DJI Phantom 2 Vision+ and DJIInspire 1 Specifications and Data Sheet, attached hereto as Exhibit A and B.
**ii. The DJI**  **Phantom 2**  **Vision+ and DJI Inspire 1 UASs Autonomous Flight And Navigation**  **Modes Enable The UASs To Remain Within A Defined Operational Area.**
The DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 2 Vision+ and DJIInspire 1 UASs is provided at pages 25

- 35 of the DJ I Phantom 2 V ision+ and pages 12

- 16 and 45

- 50 of the DJ I Inspire 1 User Manuals, attached hereto as Exhibit C and D.

## 11

**iii. The DJI**  **Phantom 2 Vision+ and DJI Inspire 1**  **UASs 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 DJI Phantom 2 Vision+ and DJ I Inspire 1 UAs will remain stationary
, in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAs do not reacquire control link data f rom the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Phantom 2 Vision+ UAS are set forth at pages 27 through 29 and for the DJ I Inspire 1 at pages 13 through 15 of the DJI Phantom 2 Vision+ and DJIInspire 1 User Manuals, attached hereto as Exhibit C and D.
**iv. The DJI**  **Phantom 2 Vision+ and DJI Inspire 1**  **GCS A nd Its Operation.**  A complete description of the operation and specifications of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 GCS and flight control software is provided at pages 32 through 43 of the DJ I Phantom 2 Vision+ User Manual and pages 40 through 47 of the DJ I Inspire 1 User Manual. DJ I Phantom 2 Vision+ and DJ I Inspire 1 User Manuals are attached hereto as Exhibits C and D. **b. Flight Operations Of DJI**  **Phantom 2 Vision+ and DJI Inspire 1**  **UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  Applicant will only

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

. 3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated b y the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PI C to be able to use human vision unaided by any device other than corrective l enses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safet y observer (SO). The SO may be used to satisfy the VL OS requirement as long as the PI C alway s maintains VLOS capability . The SO and PI C must be able to communicate verbally

at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight an d cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

## 12

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available t o the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may

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

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

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not alread y covered in the relevant sections of the operating documents. 13. The ope rator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized per son r eturning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safet y 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 medi cal certificate. 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including eva sive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the oper ator’s PI Cs are permitted under the terms of the exemption. However, training operations may

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

- building flights, all persons not essential for flight operation s are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations

mus t be conducted under visual meteorological conditions (VMC). I f flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.
20. The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required b y the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

## 13

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 condit ions) there is enough power to fl y at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be con ducted 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, regis tered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for ope ration and control of the UA must comply

with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Gr ound Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or an y l aw enforcement official upon request.
29. The UA must remain clear and yi eld the right of way to all manned aviation operati ons 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 o r essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. I f a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or stru ctures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Ope rations 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 will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

## 14 **Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.**  Applicant submits that the equivalent level of safety established b y Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 2 Vision+ and DJIInspire 1 UASs unless that PI C has demonstrated, b y meeting minimum flight

- h our and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vess els, vehicles and structures. Considering Applicant ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemp tion No. 11062); and the airmanship skills necessary to safel y operate the DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS, Applicant submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Applicant ’s specific proposed flight operations. The FAA has previously

granted relief from Section 6 1.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 1116 0, 11161). Applicant will not allow any PIC to operate the DJI Phantom 2 Vision+ or DJIInspire 1 UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour requirements or the DJI Phantom 3 Vision+ or DJIInspire 1 UAS training and currency requi rements, that the PI C is able to safely operate the DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and str uctures. 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 and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented f light experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Applicant ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in complianc e 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 a nd 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 accumul ated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 ho urs make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the precedin g 90 day s (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 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 ac complish the required flight time. During training, proficiency , and experience

- building 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, Applicant w ill ensure safe operations by not allowing an y P IC to operate the DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

## 15 **Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent level of safet y established b y Section 91.7(a) will be maintained because prior to every flight, Applicant will ensure that the DJI Phantom 2 Vision+ or DJ I Inspire 1 UAS is in an airworth y 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) speci fic 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).
**Rea sons Why An Exemption From The Requirements Of Section**  **91.119 (c) and 91.121 Would Not**  **Adversely Affect Safety.** The equivalent level of safet y established b y Section s 91.119 (c) and 91.121 will be maintained because the altitude information of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAs will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, co mbined with Applicant ’s operation of the DJI Phantom 2 Vision+ and DJIInspire 1 UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safet y equivalent to Section 91.121. The altitude information will be generated b y GPS equipme nt installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **Reasons Why An Exemption From The Requirements Of Sect ion 91.151(b) Would Not Adversely Affect**  **Safety.** A grant of this exemption would ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, Applicant will ensure that it will safely operate the battery

powered DJ I Phantom 3 Vision+ and DJ I I nspire 1 UAs during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs provide audible and visual warnings to the PI C at the GCS when the UAs experiences low battery voltage, the first warning occurring at appro ximately 33% remaining battery power, and again at approximately 10% remaining battery

power. At the criticall y low battery level, the DJIPhantom 2 Vision+ and DJIInspire 1 UASs will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimum s 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. Exempti on Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91**  **.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.** In seeking this exemption, Applicant submits that the equivalent level of safet y 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 Applicant will use trained te chnicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJIInspire 1 Instruction Manual). Furthermore, Applicant will document and maintain all maintenance records for the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs.

## 16 Since the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs will be inspected as presc ribed b y the operating documents, Applicant will maintain the equivalent level of safety established by

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of the DJ I Phantom 2 Vision+ and DJIInspire 1 User Manuals are attached hereto as Exhibit C and D; a cop y of the DJI Phantom 2 Vision+ and DJIInspire 1 UAS Maintenance LOG is attached hereto as Exhibit E. Likewise, the exemption sought will not adversel y affect safety because Applicant will use trained technicians to perform maintenance, alterati ons or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established b y Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJ I Ph antom 2 Vision+ and DJ I Inspire 1 UASs will be performed b y trained technicians. Mai ntenance 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 safet y is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.
In consideration of Applicant ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs, Applicant submits that safety will not be adversel y affected b y granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specif

ic 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).
**The F AA May Prescribe Any Other Conditions For Safe Operation.**  In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions
, Applicant requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 3 Vision+ and DJ I Inspire 1 UASs, which contain such safet y standards that the Administrator finds necessary to establish a level of safet y equivalent to that established b y 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography ov er certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pur suant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs, 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 safet y standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or p ropeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safet y s tandards for the aircraft, aircraft engine or propeller as the FAA find s necessary to establish a level of safety equivalent to that established in the regulations.
See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for the Applicant intended operation of the DJ I Phantom 3 Vision+ and DJ I Inspire 1 UASs, 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 Applicant**  **Seeks Exemption:** Applicant 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).

## 17 **A Brief Description Of The Nature Of The Exemption Applicant**  **Seeks:** This exemption will permit Applicant to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

 **Any Additional Information, Views, Or Arguments Available To Support Applic**  **ant ’s**  **Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safel y in the NAS. As such, Applicant ’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the pub lic, or otherwise pose a threat to national securit y; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Applicant will operate the DJ I Phantom 3 Vision+ and DJ I Inspire 1 UASs saf el y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y.



### CONCLUSION As set forth herein, Applicant seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernizat ion and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs commerciall y, 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 mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Applicant to safely , efficie ntly , and economicall y operate the DJI Phantom 2 Vision+ and DJIInspire 1 UASs commercially within the NAS.
WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Applicant respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit the Applicant to operate the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States.

R espectfully

submitted,

Lawrence Steven Jones
3200 L a Rotonda Dr. Unit 409 Rancho Palos Verdes, CA 90275 sjones@hra.com
310 704

- 6012
Private Pilot # 558251056