UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory DocketNo.

_____ _



### IN THE MATTER OF THE PETITIONFOREXEMPTION OF: Odyn Film and Video, INC. FederalEmployer ID 

### #: 54-1225246 FORAN EXEMPTION SEEKINGRELIEF FROM THEREQUIREMENTS OF TITLE 14 OF THE CODE OFFEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF a) DJI PHANTOM 2 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATIONAND REFORM ACT OF 2012 (PUBLIC LAW 112-95) Submitted on Oct 01, 20 15
Odyn Film and Video, INC Hans-Peter Schloemer President Falls Church, VA 22044 703-941-6396 peter.schloemer@gmail.comTABLE OF CONTENTS



### Page GLOSSARY OF ABBREVIATIONS

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SUMMARY

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INTRODUCTION AND INTERESTS OF PETITIONER

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### .4

BACKGROUND

...............................................................................................................5

BASIS FOR PETITION

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NAME AND ADDRESS OF PETITIONER

...................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH, ODYN FILM AND VIDEO, INC. SEEKS EXEMPTION

......................................................................................7

THE EXTENT OF RELIEF ODYN FILM AND VIDEO, INC

.. SEEKS AND THE REASON ODYN FILM AND VIDEO, INC. SEEKS THE RELIEF

......................10

THE REASONS WHY GRANTING ODYN FILM AND VIDEO, INC.'S REQUEST WOULD BE IN THE PUBLIC INTEREST

................................................... .13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

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CONCLUSION

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2AGL AOI ATC ATO AV CFR COA FAA 

### FAR GCS GPS LOL NAS NOT AM PIC Section 333 

## so SOP UA UAS 

### VFR VLOS 

### VMC VTOL GLOSSARY OF ABBREVIATIONS

Above Ground Level AreaofInterest AirTraffic Control Air Traffic Organization Aerial Vehicle Code ofFederal Regulations Certificate ofAuthorization Federal AviationAdministration Federal AviationRegulation Ground Control Station Global Positioning System Loss ofLink National Airspace System Notice to Airman Pilot In Command FAA Modernization and Reform Act of2012 (FMRA) Safety Observer Standard OperatingProcedures UnmannedAircraft Unmanned Aircraft System Visual Flight Rules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing

3SUMMARY Odyn Film and Video, Inc. seeks exemption from the requirements of 14 C.F.R 

### §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuantto Section 333 oftheFAA Modernization and Reform Act of2012 (FMRA). This exemption will permit Odyn Film and Video, Inc. to operate an Unmanned Aircraft System (UAS) for the commercial purpose ofconducting aerial video andphotography for networktelevision, real estate photography, special events, film sets and landscape over certain areas ofthe United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER My name is Hans-Peter Schloemer, Owner/President ofOdyn Film and Video, Inc. I am professionally trained photographer and Cameraman who has been working mostly for national and international networktelevision stations for over 32 years. I provide my clients with expertise and knowledge in all aspects of video productions, as well as providethem with advanced technologies & solutions thatwill increase efficiency, productivity and effectiveness. Hans-Peter Schloemer over 3 years of recreational/hobby experience in all aspects ofaerial video and photography. The objective ofOdyn Film and Video, Inc.'s aerial video and photography operations is to provide high quality imaging for a variety ofcommercial, public, and residential uses, specificallytargeting:

• Television NetworkNews Footage

• Motion Picture Filming

• Real Estate Videography and Photography

• Construction sites before & after

• Increase public knowledge ofUAS and promote safe UAS operations.



### 4BACKGROUND Unmanned Aircraft System: DJI Phantom 2 UAS Odyn Film and Video, Inc. seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2 is a vertical takeoffand landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS). The DJI Phantom 2 has a maximum gross weight ofapproximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of8 inches, and a maximum speed ofapproximately 29 knots. The DJI Phantom 2 is UAs equipped with four main rotors; driven by Lithium Polymerbattery powered electric motors. The DJI Phantom 2 UAS that will be operated by Odyn Film and Video, Inc. is registered in accordance with 49 U.S.C. 44103, 

### Registration of Aircraft, as well as 14 C.F.R Part 47, 

### AircraftRegistration, and marked in accordance with 14 C.F.R. Part45, 

### Identification andRegistrationMarking. BASIS FORPETITION Petitioner, Odyn Film and Video, Inc., pursuantto the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, 

### SpecialRules for Certain UnmannedAircraftSystems, hereby petitions the Administratorto commercially operate the DJI Phantom 2 UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). In consideration ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Odyn Film and Video, Inc. operation ofDJI Phantom 2 UAS meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Odyn Film and Video, Inc. requests relieffrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Odyn Film and Video, Inc. submits thatthe requested reliefis proper since an equivalent level ofsafety will be ensured. Odyn Film and Video, Inc. will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance onthe UAS usingthe methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual). Furthermore, Odyn Film and Video, Inc. will document and maintain all maintenance records for the DJI Phantom 2 UAS.



### 5Relieffrom certainrequirements ofSection 61.113(a) and (b), entitled Private pilotprivileges andlimitations: Pilot in command, is requested by Odyn Film and Video, Inc. to the extentnecessary to allow a Pilot in Command (PIC) holding a privatepilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, thatthe PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent with this exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Odyn Film and Video, Inc. seeks relieffrom Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 2 UAS do notrequire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Odyn Film and Video, Inc. submits that they will ensure that the DJI Phantom 2 UAS are in an airworthy condition, prior to every flight, by determining thatthe UAS is in compliancewiththe operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual), and thatthe aircraft are in a condition for safe flight. Odyn Film and Video, Inc. also seeks an exemption from the requirements of Section 91.121, entitledAltimeterSettings, as the DJI Phantom 2 UA will nothave a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 2 UAS will be providedto the PIC via Global Positioning System (GPS) equipment and radio communicationstelemetry data link, which downlinks from the UAS to the GCS for active monitoring ofthe flight path. This altitude information, combined with Odyn Film and Video, Inc.'s operation ofthe DJI Phantom 2 UAS within visual line ofsight, at or below400 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. Additionally, Odyn Film and Video, Inc. seeks an exemption from the requirements ofSection 91.151(b), entitled Fuel requirements for flight in VFR conditions. Odyn Film and Video, Inc. submits that safety will notbe affected by operation ofthe DJI Phantom UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery powerto fly for a total duration ofapproximately 10.0 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly afterthat for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Odyn Film and Video, Inc. provides the following information in support ofits petition for exemption: 

### A. NameAnd Address OfThePetitioner. Thename and address ofthe Petitioner and point ofcontact is: Hans-Peter Schloemer c/o Odyn Film and Video, Inc

.. 3400 Rustic Way Lane Falls Church, VA 22044 Tel: (703) 941-6396 Email:Peter.Schloemer@gmail.com

6B. The Specific Sections Of 14 C.F.R. From Which Odyn Film and Video, Inc. Seeks Exemption. 1. Odyn Film and Video, Inc. Seeks Exemption From The Requirements Of Section Part 21, SubpartH 14 C.F.R. Part 21, Subpart H, establishes the procedural requirements for the issuance ofairworthiness certificates as required by 14 C.F.R. §91.203(a)(l) 2. Odyn Film and Video, Inc. 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) ofan aircraft that is carrying passengers orproperty for compensation or hire; nor may that person, for compensation orhire, act as PIC ofan aircraft. (b) A private pilot may, for compensation orhire, act as PIC ofan 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 orproperty for compensation or hire. 3. Odyn Film and Video, Inc. Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition. 4. Odyn Film and Video, Inc. Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitledAltimetersettings, subsection (a), states the following, in part: (a)Each person operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case maybe, by reference to an altimeterthat is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The currentreported altimeter setting ofa station alongthe route and within 100 nautical miles ofthe aircraft; (ii)Ifthere is no station within the areaprescribed in paragraph (a)(l)(i) of this section, the current reported altimeter setting ofan appropriate available station; or

7(iii) In the case ofan aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available beforedeparture. 

### 5. Odyn Film and Video, Inc. Seeks Exemption From TheRequirements Of Section 91.15l(b). Section 91.151, entitledFuel requirements for flight in VFR conditions, subsection (b), states the following: (b)Noperson maybegin a flight in a rotorcraft under VFR conditions unless (consideringwindand forecast weatherconditions) there is enough fuel tofly to thefirstpointof intendedlandingand, assumingnormal cruisingspeed, to fly afterthat for at least20 minutes. 

### 6. Odyn Film and Video, Inc. Seeks Exemption From TheRequirement Of Section 91.405(a). Section 91.405, entitledMaintenance required, subsection (a), states the following: Each owner oroperatorofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided inparagraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter[.] 

### 7. Odyn Film and Video, Inc. Seeks Exemption From The Requirements Of Section 91.407(a)(l) Section 91.407, entitled Operation aftermaintenance,preventive maintenance, rebuilding, oralteration, subsection (a)(l), states the following: (a)Noperson may operate any aircraftthat has undergone maintenance, preventive maintenance, rebuilding, oralterationunless-- (1) Ithas been approved for return to service by a person authorized under§ 43.7 ofthis chapter[.] 

### 8. Odyn Film and Video, Inc. Seeks Exemption FromTheRequirements Of Sections 91.409(a)(l) And 91.409(a)(2). Section 91.409, entitledInspections, subsection (a), states the following: (a)Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, ithas had-- (l)An annual inspection in accordance with part43 ofthis chapter and has been approved for return to service by a person authorized by§ 43.7 of this chapter; or (2)An inspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter.



### 8

### 9. Odyn Film and Video, Inc. Seeks Exemption From TheRequirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitledMaintenance records, subsections (a) and (b), state the following: (a)Exceptfor workperformed in accordance with§§ 91.411 and 91.413, each registered owner oroperator shall keep the following records for the periods specified in paragraph (b) ofthis section: (1)Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100-hour, annual, progressive, and otherrequired or approved inspections, as appropriate, for each aircraft (includingthe airframe) and each engine, propeller, rotor, and appliance ofan aircraft. Therecords must include--

(i) A description (or referenceto data acceptable tothe Administrator) of the workperformed; and (ii) The date ofcompletion ofthe workperformed; and (iii) The signature, and certificate number ofthe person approvingthe aircraft for return to service. (2) Records containingthe following information: (i) Thetotal time in service ofthe airframe, each engine, eachpropeller, and each rotor. (ii) The current status oflife-limitedparts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, includingthe time since the last inspection required by the inspection program underwhich the aircraft and its appliances are maintained. (v) Thecurrent status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date whenthe next action is required. (vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapter for each major alterationto the airframe and currently installed engines, rotors, propellers, and appliances. (b)The owner oroperator shall retain the following records for theperiods prescribed: (1) The records specified in paragraph (a)(1) ofthis section shall be retained until the work is repeated or superseded by other work or for 1year after the workis performed. (2) The records specified in paragraph (a)(2) ofthis section shall beretained and transferred withthe aircraft atthe time the aircraft is sold. (3) A list ofdefects furnished to a registered owner oroperator under§ 43.11 ofthis chapter shall beretained until the defects are repaired and the aircraft is approved for returnto service.

9C. 

### TheExtent OfReliefOdyn Film and Video, Inc. Seeks And The Reason Odyn Film and Video, Inc. Seeks The Relief. 1. Odyn Film and Video, Inc. Seeks Exemption From TheRequirements Of Section Part 21, SubpartH Given the size and limited operating area associated with the UAS to be utilized by Odyn Film and Video, Inc., an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstrates thatthe UAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions oftheproposed UAS operations. 

### 2. Extent OfReliefOdyn Film and Video, Inc. Seeks And The Reason Odyn Film and Video, Inc. Seeks ReliefFrom Section 61.113(a) And (b). Relieffrom Section 61.113(a) and (b) entitled Privatepilotprivileges andlimitations: Pilot in command, is requested to the extentnecessaryto allow a PIC holding a private pilot orhigher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for compensation orhire. This reliefis 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 ofan aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more fully below, Odyn Film and Video, Inc. submits that an equivalent level ofsafety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS unless thatPIC has met certain flight-hour and currency requirements, demonstratingthatthe PIC is able to safely operate eitherthe DJI Phantom 2 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

10Further, Odyn Film and Video, Inc. submits that all flights ofthe DJI Phantom 2 UAS, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to Odyn Film and Video, Inc. business; and (2) will not carry passengers or property for compensation orhire. 

### 3. Extent OfReliefOdyn Film and Video, Inc. Seeks And TheReason Odyn Film and Video, Inc. Seeks ReliefFrom Section 91.7(a). Relieffrom Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Odyn Film and Video, Inc. to determine that the DJI Phantom 2 UAS are in airworthy conditionpriorto every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Odyn Film and Video, Inc. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual). Odyn Film and Video, Inc. seeks the requested reliefbecause the DJI Phantom 2 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Odyn Film and Video, Inc. will ensure thatthe DJI Phantom 2 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual) priorto every flight, and further, determine thatthe aircraft are in condition for safe flight, as stated in the conditions and limitations below. 

### 4. Extent OfReliefOdyn Film and Video, Inc

.. Seeks And The Reason Odyn Film and Video, Inc. Seeks ReliefFrom Section 91.121. Relieffrom Section 91.121, entitledAltimetersettings, may be required to allow flight operations ofthe DJI Phantom 2 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data linkto downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Odyn Film and Video, Inc. seeks the requested reliefbecause the DJI Phantom 2 UAS's altimeter may be set on the ground to zero feet AGL, ratherthan the local barometric pressure or field altitude, before each flight. Consideringthe limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is soughtto the extent necessaryto comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level ofsafety will be maintained sbcethe DJI Phantom 2 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established priorto each flight, and provides the PIC with altitude information ofthe UA on the heads-up display ofthe GCS.

11

### 5. Extent OfReliefOdyn Film and Video, Inc. Seeks And TheReason Odyn Film and Video, Inc. Seeks ReliefFrom Section 91.15l(b). Relieffrom Section 91.151(b) entitledFuel requirements for flight in VFRconditions, is requested to the extentrequiredto allow flights ofthe battery powered DJI Phantom 2 UAS during daylighthours in visual meteorological conditions (VMC), undervisual flight rules (VFR), for a total duration of 10.0 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly afterthat for at least4.5 minutes. Odyn Film and Video, Inc. seeks therequested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe batterypowered DJI Phantom 2 UAS will severely constrain the practicality ofany aerial video or still photo flight operations that Odyn Film and Video, Inc. proposes to conductpursuantto this Petition. Significantly, as set forth below, the technical specifications ofthe DJI Phantom 2 UAS, the DJI Phantom 2 operating documents, and Odyn Film and Video, Inc.'s proposed operating limitations, ensure that Odyn Film and Video, Inc. will safely operatethe battery powered DJIPhantom 2 UAS during daylighthours in visual meteorological conditions (VMC), undervisual flight rules (VFR), with enoughbattery powerto fly for a total duration of 10.0 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly afterthat for at least 4.5 minutes. 

### 6. Extent OfReliefOdyn Film and Video, Inc. Seeks And TheReason Odyn Film and Video, Inc. Seeks ReliefFrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Odyn Film and Video, Inc. requests relieffrom these Sections because the DJI Phantom 2 UAS do notrequire airworthiness certificates. As setforth more fully below, the DJI Phantom 2 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Odyn Film and Video, Inc. will usetrainedtechnicians to perform maintenance, alterations, or preventive maintenance onthe UAS usingthe methods, techniques, and practices prescribed inthe UAS operating documents (i.e., the Odyn Film and Video, Inc. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 InstructionManual). Furthermore, Odyn Film and Video, Inc. will document and maintain all maintenance records for the DJI Phantom 2.



### 12

### D. TheReasons Why Granting Odyn Film and Video, Inc. RequestWould BeIn ThePublic Interest; ThatIs, How It

### Would Benefit ThePublic As A Whole. Granting the presentPetition will further the public interest by allowing Odyn Film and Video, Inc. to safely, efficiently, and economicallyperform aerial video and photography of, NetworkNews aerials, real estate, film sets and landscape over certain areas ofthe United States. Additionally, use ofthe DJI Phantom 2 UAS will decrease congestion oftheNAS, reduce pollution, andprovide significantbenefits to the economy. Notably, thebenefits ofOdyn Film and Video, Inc.'s proposed operation ofthe DJI Phantom 2 UAS will berealized without implicating any privacy issues. 

### 1. ThePublicWill Benefit From Decreased Congestion OfTheNAS. The DJI Phantom 2 UAS are batterypowered and serve as a safe, efficient, and economical alternativeto the manned aircrafttraditionallyutilizedto obtain aerial imagery. Byreducingthe amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowingthe use ofa DJI Phantom 2 UAS would reduce the amount ofmanned aircraft in the NAS, reduce noise and airpollution, as well as increase the safety oflife and property in the air and on the ground. Furthermore, byreducingthe numberofmanned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 UAS do notrequire an airportto takeoffor land. Likewise, a reduction ofmanned aircraft conducting aerial video and photography missions would result in fewer aircraftthatmustbe handled by airtraffic control during the ground, takeoff, departure, arrival, and landing phases offlight operations. 

### 2. The Public Will Benefit From The Safety And Efficiency OfThe DJI Phantom 2 UAS. Conducting aerial acquisitions with the DJI Phantom 2 UAS, instead ofmanned aircraft, will greatlybenefitthepublic by drastically reducingthe levels ofair and noisepollution generated duringtraditional aerial video and still photography flight operations. Byusing battery power and electric motors, the DJI Phantom 2 UAS produce no airpollution, and is the most viable environmentally conscious alternativeto the cabin class, six cylinder internal combustion engine aircraftthat aretypically utilized for aerial video and photography, while burning approximately 20-30 gallons perhour ofleaded aviation fuel. The DJI Phantom 2 UAS, while reducingthe carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAS are propelledby batterypowered electric motors, ratherthan an internal combustion engine.



### 13By using the DJI Phantom 2 UAS to perform aerial acquisitions, the substantial riskto life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack offlight crew members located onboard the aircraft, the DJI Phantom 2 UAS (weighing approximately 2 pounds 11 ounces, at their maximum gross weights with lengths of 16 inches, widths of 16 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraftthattypically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately 42 feet, a length of34 feet, and a fuel capacity of 180 gallons). 

### 3. Performing Aerial Video and Photography Operations With The DJIPhantom 2 UAS Will Benefit TheEconomy. In addition to being safe and efficient, the DJI Phantom 2 UAS are also an economical alternative to using manned aircraftto conduct similar aerial operations. As such, operation ofthe DJI Phantom 2 UAS will allow United States based companies, like Odyn Film and Video, Inc. to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost ofaviation 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 orderto remain competitive. Operating the battery powered DJI Phantom 2 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, butprovides such flexibility withoutthe high operational cost ofa traditional manned aircraft. By operatingthe DJI Phantom 2 UAS, companies such as Odyn Film and Video, Inc., can remain competitive and profitable, and therefore, provide greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU.S. companies, through commercial use of the DJI Phantom 2 UAS, 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 orderto remain competitive both in the United States and abroad. 

### 4. There Are No Privacy Issues. Similarto the manned aerial acquisition flight operations that have been conducted for decades, Odyn Film and Video, Inc.'s proposed operation ofthe DJI Phantom 2 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 2 UAS will be operated only in compliance with operating documents (i.e., the Odyn Film and Video, Inc. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual) which requires



### 14Property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, includingthe minimum altitude requirements of 14 C.F.R. 

### § 91.119.


### E.The Reasons Why Granting TheExemption Would Not Adversely Affect Safety, OrHow TheExemption Would ProvideA Level OfSafetyAtLeastEqualTo That Provided By TheRuleFromWhich Odyn Film and Video, Inc. SeeksExemption. 5. Reasons Why TheDJI Phantom 2 UAS Meet The Conditions OfTheFAA Modernization and Reform Act of2012 (FMRA) Section 333. In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Odyn Film and Video, Inc.'s operation ofthe DJI Phantom 2 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users ofthe NAS orthe public, orotherwise pose a threatto national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.--Notwithstandinganyother requirementof this subtitle, andnot later than 180 days after the date of enactmentof thisAct, the Secretary of Transportation shalldetermine if certain unmannedaircraftsystems may operate safely in the nationalairspace system before completion of theplan andrulemakingrequiredbysection 332 of thisActorthe guidance required bysection 334 of thisAct. (b) Assessmentof UnmannedAircraftSystems.--In makingthe determination undersubsection (a), the Secretaryshalldetermine, ata minimum-- (1) which types of unmannedaircraftsystems, if any, as a result of their size, weight, speed, operational capability,proximityto airports and populatedareas, andoperationwithin visualline of sightdo not create a hazardto users of the nationalairspace system orthepublic orpose a threat to nationalsecurity; and (2) whethera certificate of waiver, certificate of authorization, or airworthiness certification undersection 44704 of title 49, United States Code, is required for the operation of unmannedaircraft systems identifiedunderparagraph (1). (c) Requirements for Safe Operation.--IftheSecretarydetermines under this section that certain unmannedaircraftsystems mayoperate safely in the nationalairspace system, the Secretaryshallestablish requirements for the safe operation of such aircraftsystems in the nationalairspace system. In seeking this exemption, Odyn Film and Video, Inc

.. submits thatthe DJI Phantom 2 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 2 UAS; (b) thepilot certification requirement;

### 15

### and (c) the specific operating limitations. a. The Specifications OfTheDJI Phantom 2 UAS DemonstrateIts Safe Characteristics. The DJI Phantom 2 UAS do not create a hazard to users ofthe NAS orthe public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. i. Technical Specifications OfTheDJI Phantom 2 UAS. The technical specifications ofthe DJI Phantom 2 UAS are set forth by the DJI Phantom 2 Specifications and Data Sheet, attached hereto as ExhibitA and B. ii. 

### The DJI Phantom 2 UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area. The DJI Phantom 2 UAS may be operated in both manual and fully autonomous flight modes. A complete description ofthe flight and navigational modes ofthe DJI Phantom 2 

### VAS are provided ofthe DJI Phantom 2 User Manuals, attached hereto as Exhibit C and 

### D.

. iii. 

### The DJI Phantom 2 UAS Are Designed ForAutomatic Return To Home Point OrHoverIn TheEvent OfLoss OfThe Control LinkOrNavigation. When the Control Link is lost, the DJI Phantom 2 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 UAS do not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoffposition and shutdown. A complete description ofthe Failsafe Functions for the DJI Phantom 2 UAS are set forth in the User Manual, attached hereto as Exhibit C and D. iv. TheDJI Phantom 2 GCS And Its Operation. A complete description ofthe operation and specifications ofthe DJI Phantom 2 GCS and flight control software is provided in the DJI Phantom User Manual. DJI Phantom 2 User Manuals are attached hereto as Exhibits C and D. b. Flight Operations OfDJI Phantom 2 UAS Are Limited To The Line OfSight OfA Certificated Pilot in Command With A Safety Observer. Odyn Film and Video, Inc. will only utilize certificated pilots who possess a current and valid



### 16airman medical certificateto act as a pilot in command (PIC) ofthe DJI Phantom 2 UAS. Additionally, a safety observerwill assist all pilots during flight time.



### c. Flights OfDJIPhantom 2 UAS Will 

### Be Conducted PursuantTo Specific OperatingLimitations. In seeking this exemption, Odyn Film and Video, Inc. proposes to commercially operate DJI Phantom 2 UAS for the special purpose ofconducting aerial video and photography overcertain areas ofUnited States, pursuantto the following specific operating limitations: 1. Operations authorized bythis grant ofexemption 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 Unmanned Aircraft Systems. Proposed operations ofany other aircraft will require a newpetition or a petition to amend this grant. 2. UAS operations underthis exemption will be limited to conducting operations for the purpose ofaerial video and photography. 3. The UAs may notbe flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated bythe procedures specified in the operating documents unless a special request is made and approved byATC. All altitudes reportedto ATC must be in feetAGL. 5. The UAs must be operated within visual line ofsight (VLOS) ofthePIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 6. The use offirst person view (FPV) bythe PIC or safety observer (SO) is notpermitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfythe VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging ortexting is notpermitted during flight operations. The PIC must be designated before the flight and cannottransferhis orher designation for the duration ofthe flight. The PIC must ensure thatthe SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assistingthe PIC with seeing and avoiding other airtraffic and other ground based obstacles/obstructions and is not permitted to operate the camera orother instruments. 9. The operating documents and the grant ofexemption mustbe accessible during UAS



### 17Operations and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations contained in the grant ofexemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant ofexemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update orrevise its operating documents. Itis the operator's responsibility to track such revisions and present updated and revised documents to the Administratorupon request. The operator must also present updated and revised documents ifit petitions for extension or amendment to the grant ofexemption. Ifthe operatordetermines that any update orrevision would affect the basis upon which the FAA granted the exemption, then the operator mustpetition for amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates or revisions to the operating documents. 10. Priorto each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraftrecords. 11. Any UAS that has undergone maintenance or alterations that affectthe UAS operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, orequipment, not already covered in the relevant sections ofthe operatingdocuments. 13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operatormust carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul componentparts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorized person returning the UAS to service. 15. Each UASs operated underthis exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate.



### 1818. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the abilityto safely operate the UAS in a manner consistent with how the UAS will be operated underthe exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.P.R.§ 61.51(b). Flights for the purposes oftrainingthe operator's PICs are permitted under the terms ofthe exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate 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.P.R.§ 1.1. All operations must be conducted undervisual meteorological conditions (VMC). Ifflight at night is required, a special request will be made atthe FAA office closestto proposed area ofoperations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles ofan airport reference point as denoted on a currentFAA-published aeronautical chart unless a letter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required by the operator's COA. The letter ofagreement with the airport management must be made available to the Administrator upon request. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 22. Ifthe UA loses communications or loses its GPS signal, it mustreturn to a predetermined location within the planned operating area and land orbe recovered in accordance with the operating documents. 23. The PIC must abortthe flight in the event ofunpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough powerto fly at normal cruising speed to the intended landing point and land the UA with 25% battery powerremaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver orAuthorization (COA) priorto conducting any operations underthe grant of exemption. This COA will also require the operatorto request a Notice to Airman (NOTAM) not more than 72 hours in advance, butnot less than 48 hours priorto the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class ofairspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption mustbe identifiedby serial number, registered in accordance with 14 C.P.R. part47, and have identification (NNumber) markings in accordance with 14 C.P.R. part 45, Subpart C. Markings must be as large as practicable.


### 2027. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agencyrequirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right ofwayto all manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device orvehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons otherthan the PIC, SO, operatortrainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are presentthat sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closerto those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operatortrainees or essential persons do not present an undue hazard to those persons per§ 91.119(a). 32. All operations shall be conducted overprivate orcontrolled-accessproperty 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 thattransgresses the lateral orvertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents mustbe reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 

### 2. Reasons Why An Exemption From TheRequirements OfSection 61.113(a) And (b) Would Not Adversely Affect Safety. Odyn Film and Video, Inc. submits that the equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by



### 21meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent with the exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Odyn Film and Video, Inc.'s proposed area ofoperations, and the operating limitations set forth-above; the parallel nature ofprivate pilot aeronautical knowledge requirements to those ofcommercial pilotrequirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 UAS, Odyn Film and Video, Inc. submits thatthe additional manned airmanship experience of a commercially certificatedpilotwould notcorrelate to the airmanship skills necessary for Odyn Film and Video, Inc.'s specific proposed flight operations. The FAA has previously granted relieffrom Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,11136,11138,11150,11153,11156,11158,11159,11160, 11161). Odyn Film and Video, Inc. will not allow any PIC to operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 2 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent with this exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. 

### § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours ofthosehours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level ofsafety during Odyn Film and Video, Inc. proposed operations. The Administrator has held thatprior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose ofmotion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilotwith a multi-rotorUAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model ofUAS to be used for operations under the exemption. For clarification, the



### 22FAA considers these minimum hour requirements to be inclusive ratherthan additive; i.e. 5 hours make and model time may be included in the 10 hours ofmulti-rotor time and the 10 hours may be included in the total25 hours ofUAS rotorcraft time. In addition to the hourrequirements, the PIC must accomplish 3 takeoffs 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 necessaryto safely conductthe 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 underthe grant ofexemption to accomplish the required flight time. Duringtraining, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Odyn Film and Video, Inc. will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistentwiththe exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 

### 3. Reasons Why An Exemption From The Requirements OfSection 91.7(a) Would Not Adversely Affect Safety. The equivalent level ofsafety established by Section 91.7(a) will be maintained because prior to every flight Odyn Film and Video, Inc. will ensure that the DJI Phantom 2 UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relieffrom Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,11136,11138,11150,11153,11156,11157,11158,11159,11160, 11161). 

### 4. Reasons Why An Exemption From The Requirements OfSection 91.121 Would Not AdverselyAffect Safety. The equivalent level ofsafety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 2 1UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with Odyn Film and Video, Inc.' operation ofthe DJI Phantom 2 Odyn Film and Video, Inc. UAS within visual line ofsight, at or below 400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft.



### 23Priorto each flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously granted relieffrom Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150,11153,11156,11157,11158,11159,11160, 11161). 

### 5. Reasons Why An Exemption From TheRequirements OfSection 91.151(b) Would Not AdverselyAffect Safety. A grant ofthis exemption would ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b) as a result of(l) the technical specifications ofthe DJI Phantom 2 UAS; (2) the limitations on the proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly Odyn Film and Video, Inc. will ensure that it will safely operate the battery powered DJI Phantom 2 UAS during daylight hours in VFR conditions, with enough battery powerto fly for a total duration of 10.0 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly afterthat for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJI Phantom 2 UAS; the limitations on the proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. Atthe critically low battery level, the DJI Phantom 2 UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. Reliefhas been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689,5745, and 10650. Moreover, the FAA has previously granted relieffrom Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153,11156,11157,11158,11159,11160, 11161). 

### 6. Reasons WhyAn Exemption From TheRequirements OfSections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.In seeking this exemption, Odyn Film and Video, Inc. submits that the equivalent level ofsafety with regard to the regulatory maintenance and alteration requirements established

24by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Odyn Film and Video, Inc. will use trainedtechnicians to perform maintenance, alterations, orpreventive maintenance on the UAS usingthe methods, techniques, and practicesprescribed in the operating documents (i.e., the Odyn Film and Video, Inc. Aerial OperationsManual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual). Furthermore, Odyn Film and Video, Inc. will document and maintain all maintenance records for the DJI Phantom 2 UAS. Since the DJI Phantom UAS will be inspected as prescribed bythe operating documents, Odyn Film and Video, Inc. will maintain the equivalent level ofsafety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy ofthe DJI Phantom 2 User Manuals are attached hereto as Exhibit C and D; a copy ofthe DJI Phantom 2 UAS Maintenance LOG is attached hereto as Exhibit E. Likewise, the exemption sought will not adversely affect safetybecause Odyn Film and Video, Inc. will use trained technicians toperform maintenance, alterations or preventive maintenance on the UAS usingthe methods, techniques, and practices prescribed bythe operatingdocuments. Furthermore, the exemption soughtwould maintain an equivalentlevel ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 2 UAS will beperformed bytrained technicians. Maintenance will be documented and maintained utilizingthe monthly maintenance log. Significantly, previous exemptions granted bythe FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establishthat safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. In consideration Odyn Film and Video, Inc.'sproposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 2 UAS's, Odyn Film and Video, Inc. submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted reliefspecific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,11136,11138,11150,11153,11156,11157,11158,11159,11160, 11161). 7. TheFAAMayPrescribeAny OtherConditions For Safe Operation. In accordance with Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.P.R.§ 21.16 entitled Special Conditions, Odyn Film and Video, Inc. requests thatthe FAAprescribe special conditions for the intended operation ofthe DJI Phantom 2 UAS, which contain such safety standards thatthe Administrator finds necessaryto establish a level ofsafety equivalent to that established



### 25by 14 C.F.R. Part 21, SubpartH, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe UAS for the limited purpose of conducting aerial video and photography overcertain areas oftheUnited States for compensation orhire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS orthepublic, orotherwisepose a threatto national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements thatmustbe established for the safe operation ofthe UAS in the NAS. Likewise, theAdministratormayprescribe special conditions pursuantto 14 C.F.R. §21.16, for operation oftheDJI Phantom 2 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate orappropriate safety standards, due to the novel orunusual design features ofthe aircraft. Section 21.16, entitledSpecial Conditions, statesthe following: 

### Ifthe FAA finds that the airworthiness regulations ofthis subchapter do not contain adequate orappropriate safety standards for an aircraft, aircraft engine, orpropeller because ofa novel orunusual design feature ofthe aircraft, aircraft engine orpropeller, heprescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain such safety standards for the aircraft, aircraft engine orpropelleras the FAA finds necessaryto establish a level ofsafety equivalentto 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 LeadingEdge's intended operation oftheDJI Phantom 2 UAS, which contain such safety standards thatthe Administrator finds necessaryto establish a level ofsafetyequivalentto that established by 14 C.F.R. Part21, SubpartH, 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). 

### E. A SummaryThatCan Be Published In TheFederal Register, stating: TheRules From Which Odyn Film and Video, Inc. Seeks Exemption: Odyn Film and Video, Inc. 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), and91.417(a) & (b). 

### A BriefDescription OfThe Nature OfTheExemption Odyn Film and Video, Inc. Seeks: This exemption 

### willpermit Odyn Film and Video, Inc. to commerciallyoperate an UnmannedAircraftSystem (UAS)for thepurpose of conductingaerialvideo and photographyovercertain areas of the UnitedStates.

26

### Any Additional Information,Views, OrArguments Available To SupportOdyn Film and Video, Inc.'s Request. This Petition is made pursuant to the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. As such, Odyn Film and Video, Inc.'s request for exemption may be granted pursuant to the authority ofFMRA 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 ofthe NAS orthe public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Odyn Film and Video, Inc. will operate the DJI Phantom 2 UAS safely in the NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose a threat to national security.



### 27CONCLUSION
As set forth herein, Odyn Film and Video, Inc., seeks an exemption pursuantto 14 C.F.R. § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA}, which will permit safe operation ofthe DJI Phantom 2 commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography over certain areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAAModernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing Odyn Film and Video, Inc. to safely, efficiently and economically operate the DJI Phantom 2 UAS commercially with the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, Odyn Film and Video, Inc. respectfully requests that the Administrator grant this Petition for an exemption from The requirements of 14 C.F.R. Sections 6l.ll3(a) & (b), 91.7(a), 91.121, 9l.!Sl(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2) And 91.417(a) & (b), and permit Odyn Film and Video, Inc. to operate the DJI Phantom 2 commercially for the purpose ofconducting aerial video and photography over certain areas ofthe United States.

Appendices: A - DJI Phantom 2 Specification Data Sheet B - DJI Phantom 2Manufacturer's User Manual C - Monthly Maintenance Log D- FAA Identification Number Assignment and Registration Date: October 1, 2015
Respectfully submitted, ODYN FILM AND VIDEO, INC.

Hans-Peter Schloemer, President ODYN FILM AND VIDEO, INC. 3400 Rustic Way Lane Falls Church, VA 22044 Tel.: 703-941-0DYN (6396)



### 28APPENDIX-A 

### DJI PHANTOM 2 TECHNICAL SPECIFICATIONS Odyn Film and Video, Inc. only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enablingthe user to setparameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higherthan a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC viathe linked monitor.

1.1 DJI Phantom 2 1.1.1 Aircraft 1.1.1.1 Supported Battery- DJI 5200mAH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)- 2lbs 11.810oz (1242g) 1.1.1.3 HoverAccuracy (Ready to Fly)- Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max YawAngular Velocity- 2000/s 1.1.1.5 Max Tilt Angel- 35 D 1.1.1.6 Max Ascent Speed- 6m/s 1.1.1.7 Max Descent Speed- 2m/s 1.1.1.8 Max Flight Speed- 15m/s (NOT RECOMMENDED) 1.1.2 Gimbal 1.1.2.1 Working Current- Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy- ±0.03D 1.1.2.3 Controllable Range- Pitch: -90D

- 0D 1.1.2.4 Maximum Angular Speed- Pitch: 90Dis 1.1.3 Camera 1.1.3.1 Operating Temperature Range- 32DF- 104DF (ODC- 40DC) 1.1.3.2 Sensor Size- 1/2.3" 1.1.3.3 Effective Pixels- 14M 1.1.3.4 Resolution- 4384x3288 1.1.3.5 HD Video Recording- 1 080p30 & 720p 1.1.3.6 RecordingField ofView- 11OD/85 D 1.1.4 Transmitter 1.1.4.1 Operating Frequency- 5.728GHz- 5.85GHz 1.1.4.2 Communication Distance (unobstructed) -FCC Compliance: 800m 1.1.4.3 Receiver Sensitivity ( 1 %PER)

- -93dBm 1.1.4.4 Transmitter Power- FCC Compliance: 1OOmW 1.1.4.5 Working Voltage- 120mA@3.7V



### 29

### 1.1.5 Range Extender 1.1.5.1 Operating Frequency- 2412-2462MHz 1.1.5.2 Communication Distance (unobstructed)- 500-700m 1.1.5.3 Transmitter Power- 20dBm 1.1.5.4 Power Consumption- 2W

30

### APPENDIX-B 

### DJIPHANTOM2 Manufacturer's UserManual

User manual can be found at: http://www.dji.com/product/phantom-2/download



### 31APPENDIX- C

MONTHLY(MAINTENANCE(LOG

month: 1 "year:"

--- ---

... ·• 

### .. Date'lssue' Date'lssue' Maintenance'Performed'by:'' .UASl#:l. ·.. ..... < .. lssue"Description'&'Maintenance'Conducted 

## ···.•<< •··. ............ Discovered Addressed Print'&'Sign Software'Updates

Airframe

Engines

Propellers

Camera'Gimbal
Landing'Gear

Vibration'Dampening

Other:



### 32U.S. Department of Transportation Federal Aviation Administration

HANS PETER SCHLOEMER 3400 RUSTIC WAY LN FALLS CHURCH VA 22044 1 •• 1.1••1.111••••1 •• 1.1••11 .. 1.1 Flight Standards Service Aircraft Registration Branch, AFS-750 P.O. Box 25504 Oklahoma City, Oklahoma 73125-0504 (405) 954-3116 Toll Free 1-866-762-9434 WEB Address: http://registry.faa.gov
July 15, 2015

Identification Number Assignment and Registration ofAmateur-Built or Non-Type Certificated Aircraft DnINC PHANTOM 2 SINPH645208215 U.S. identification number NT0052311 hasbeen ASSIGNED. A U.S. identification number ofourchoice may be assigned to your aircraft whenyou submit a complete description of the aircraft. The attached form may be used as it meets ourrequirements for both description andregistration purposes. Authority to use a number assigned free ofcharge expires 90 days after the date it is issued unless the aircraft is registered within that period. A U.S. identification number ofvour choice may be reserved, ifavailable, for oneyearby sendinga written request and a $10 fee for each numberto be reserved. Please list 5 numbers, inorder ofpreference, incase yourfirst choice is not available. Ifthe numberis not assignedto an aircraft priorto the end ofthe year, thereservationwill expire but may be renewed from year to year upon request andpayment ofa $10 renewal fee. NOTICE: This numbermay not be assigned orpainted on an aircraft until approval isreceived from this office. Yourwrittenrequest to assign the reserved number to a particular aircraft must include a complete description ofthe aircraft. The form attached to this lettermaybeused. The items checked below are requiredto complete registration ofyour aircraft: 

### D Completed Aircraft Registration Application, signed in INK, including typed orprintedname ofsigner in signature block. Form enclosed. 

### D Registrationfee of$5. 

### D Affidavit ofownership, signedbefore a notary public, atJ.d showing a description ofthe aircraft. Theform attached to tllis letter meets ourrequirements andmay beused ifyou wish. 

### D Submitbill ofsale from manufacturer ofthe kit. *Showthe manufactuerand model ofthe engines on the affidavit.

IVONNE DRAKE Legal Instruments Examiner Aircraft Registration Bnmch Enclosure AFF

AC Form 8050-88 (5/11)U.S. Department ofTransportation 

### Federal Aviation Administration Flight Standards Service Aircraft Registration Branch, AFS-750 P.O. Box 25504 Oklahoma City, Oklahoma 73125-0504 (405) 954-3116 Toll Free 1-866-762-9434 WEB Address: http://registry.faa.gov

June 15,2015

Identification Number Assignment and Registration ofAmateur-Built or Non-Type Certificated Aircraft:

____ SIN

### _flf_CY 5"2.CJlt2. I;- ({oo5"Z..>I{) U.S. identification number

### "N

__has**been~**ASSIGNED 

## 0 RESERVED. A U.S. identification number ofour choice may be assigned to your aircraft when you submit a complete description of the aircraft. The attached form may be used as it meets our requirements for both description and registration purposes. Authority to use an assigned registration number expires 90 days after the date it is issued unless the aircraft is registered within that period. A U.S. identification number ofyour choice may be reserved, ifavailable, for one year by sending a written request and a $1 0 fee for each number to be reserved. Please list 5 numbers, in order ofpreference, in case your first choice is not available. Ifthe number is not assigned to an aircraft prior to the end ofthe year, the reservation will expire but may be renewed from yearto year upon request and payment ofa $1 0 renewal fee. NOTICE: This number may not be assigned or painted on an aircraft until approval is received from this office. Your written request to assign the reserved number to a particular aircraft must include a complete description ofthe aircraft. The form attached to this letter may be used. The items checked below are required to complete registration ofyour aircraft: Completed Aircraft Registration Application, signed in INK, including typed or printed name ofsigner in signature block. Form enclosed. Registration fee of$5. Affidavit ofownership, signed before a notary public, and showing a description ofthe aircraft. The form attached to this letter meets our requirements and may be used jfyou wjsh.**------·-~-···** 

# lJ Submit bill ofsale from manufacturer ofthe kit.

EnclosureOMB Control No. 2120-0042 Exp. 11/30/2014 PaperworkReduction Act**~tatement:** The information collected on this form is necessary to ensure applicant eligibility. The mformat1on 1s used to determme that the applicant meets the necessary qualifications as owner of an amateur built aircraft. We estimate that it will take approximately 30 minutes to complete the form. The information collection is required to obtain a benefit. The mforma!ion**collect~d** becomes part ofthe aircraft registration system. Please note that an agency may not conduct or sponsor, and a person IS not reqwred to respond to, a collection of information unless it displays a currently valid OMB control number. OMB 2120- 0042. Comments covering the accuracy ofthis burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Avenue SW, Washington, DC 20591. ATIN: Information Collection Clearance Officer, AES-200.

U. S. Identification AFFIDAVIT OF OWNERSHIP FOR AMATEUR-BUILT AND OTHER NON-TYPE CERTIFICATED AIRCRAFT (does not include light-sport)

Name ofAmateur I Non TC'd builder 

# OJ f ;J!VC Model Class (airplane, rotorcraft, glider, weight shift control, powered-parachute, etc.) Serial Number 

## f

## If

# bY5 ZO 

### 52J**~**

Type ofEngine Installed (reciprocating, turboprop, 2 or 4 cycle, electric, etc.) -....:C::./:...'(_G..:..(v..:...:..,<-..::"=-------- Manufacturer, Model and Serial Number ofeach Engine Installed I"Y) 

### o $(

### v,'a..(_ ?'\

### u J::n**b~v>**

--------------------- Number ofEngines Installed Built for Land or Sea Operation

------------- Number ofSeats --"J?('=-·

--------- MUST CHECK ONE 

### 0 More than 50% ofthe above-described aircraft was built from miscellaneous parts and I am the owner. (This option is for aircraft eligible for amateur-built certification.) 

### 0 More than 50% ofthe above-described aircraft was built from a kit (prefabricated parts) and I am the owner. The bill ofsale from the kit manufacturer is attached. (This option is for aircraft eligible for amateur-built certification.) 

### 0 I certify that the above-described aircraft is a newly built non-type certificated aircraft and is not currently registered in another country. (This option is for aircraft eligible for experimental certification other than amateur-built.) I certify that the above-described aircraft is a previously built (used) non-type certificated aircraft and is not currently registered in another country. (This option is for aircraft eligible for experimental certification other than amateur-built certification.) 

### JEr Evidence of ownership from the aircraft builder through any intervening owners is attached (chain of ownership). O Unable to obtain complete chain of ownership. Statement as to ownership history and whereabouts of aircraft is attached.

Address: Title ofSigner (IfAppropriate):

Zip: City: 

# "fq {(S ( 

# h(,{ v 

## c0 S te: Clt'n::1 (1-J

... "- Telephone:

## _w~~3~-~C~Y...sl"--.....:O:::.....ct..L.l:__J_r ____

## ~ ____________ _ Notary Public: State of:**~0)5**

AC Form 8050-88 (03/12)