UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

EAGLE VISION DRONES , LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

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

OPERATION OF DJI PHANTOM 2, DJI PHANTOM 3 AND DJI INSPIRE 1

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on July 6, 2015

Eagle Vision Drones, LLC

11427 Jeffords Ave

Choctaw, OK 73020

Tel: (405) 290 85972 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS................................................................................... 3

SUMMARY......................................................................................................................

..... 4

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

B ACKGROUND................

.................................................................................................... 4

BASIS FOR PETITION......................................................................................................... 5

NAME AND ADDRESS OF PETIT IONER....................................

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH EAGLE VISION DRONES,

LLC SEEKS E XEMPTION....

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

THE EXTENT OF RELIEF EAGLE VISION DRONES, LLC SEEKS AND THE

REASON EAGLE VISION DRONES, LLC SE EKS THE RELIEF......................

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

THE REASONS WHY GRANTING EAGLE VISION DRONES, LLC REQUEST

WOULD BE IN THE PUBLIC INTEREST ...

.... ................................................................ 12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY........................

..................................... .................................................. 14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.....

............ . 25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT EAGLE VISION DRONES, LLC REQUEST ...

................. ........... ................... 25

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

.. ................................................... ............................... 27

APPENDIX ............................................................................................. .283 GLOSSARY OF ABBREVIATI ONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC V isual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

Eagle Vision Drones, LLC seeks exemption from the requirements of 14 C.F.R

§§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to

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

This exemption will permit Eagle Vision Drones, LLC to operate an

Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial

video and photography for wedding videography, real estate photography, special

events, film sets, and landscape over certain areas of the Unit es States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Eagle Vision Drones, LLC (hereinafter referred to as “ Eagle Vision Drones ” )

provides its clients with expertise and knowledge in advanced technologies and solutions

to increase efficiency, productivity and effectiveness. Eagle Vision Drones also provides

its clients w ith the highest quality digital content for use in their commercial, personal, and

non

- profit multimedia projects. Eagle Vision Drones has professional experience in

wedding and special event videography and photography and is recognized as an expert

this field. Eagle Vision Drones has recreational/hobby experience in all aspects of aerial

video and photography. The objective of Eagle Vision Drones aerial video and

photography operations is to provide high quality imaging for a variety of wedding,

commerci al, public, and residential uses, specifically targeting:

• Wedding Videography and Photography

• Motion Picture Filming

• Real Estate Videography and Photography

• Construction sites before and after

• Search and Rescue operations

• Increase public knowledge of UAS and promote safe UAS operations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, DJI Phantom 3, DJI Inspire 1 U ASs

Eagle Vision Drones seeks an exemption to operate DJI systems for compensation

or hire within the NAS. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 are vertical

takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station

(GCS) utilizing electronic tablet or smart p hone systems. The DJI Phantom 2 and DJI

Phantom 3 have a maximum gross w eight 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 DJI Inspire 1 has a maximum gross weight of 6

pounds 7.5 ounces, a length of 17.3 inche s, width of 17.7 inches, height of 11.8 inches,

and a maximum speed of approximately 42 knots. The DJI Phantom 2, DJI Phantom 3,

and DJI Inspire 1 UAs are equipped with four main rotors; driven by Lithium Polymer

battery powered electric motors.5 The DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UAs that will be operated by

Eagle Vision Drones, LLC will be registered in accordance with 49 U.S.C. 44103,

Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in

accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, Eagle Vision Drones, pursuant to the provisions of the Federal Aviation

Regulations (14C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012

(FMRA) , Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby

petitions the Administrator to commercially operate the DJI Phantom 2, DJI Phantom 3, DJI

Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the

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

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area

associated with the unmanned aircraft and its op eration, Eagle Vision Drones

operation of DJI Phantom 2, DJI Phantom 3, and DJI 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.

According ly, Eagle Vision Drones requests relief from Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth

requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Eagle Vision Drones submits that the requested relief is proper since an equivalent

level of safety will be ensured. Eagle Vision Drones 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 Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1

Instruction Manual). Furthermore, Eagle Vision Drones will document and maintain all

maintenance records for the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs.

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

privileges and limitations: Pilot in command , is request ed by Eagle Vision Drones 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 require ments, that the PIC is able to safely operate the

DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Eagle Vision Drones seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs do not

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

such, Eagle Vision Drones submits that t he y will ensure that the DJI Phantom 2, DJI

Phantom 3 and DJI Inspire 1 UASs are in an airworthy condition, prior to every flight, by

determining that the UASs are in compliance with the operating doc uments (i.e., Monthly

Maintenance Log, and DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 Instruction

Manual), and that the aircraft are in a condition for safe flight.6 Eagle Vision Drones also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings , as the DJI Phantom 2, DJI Phantom 3, and DJI

Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altitude

information of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UAs will be

provided to the PIC via Global Positioning System (GPS) equipment and radio

communications telemetry data link, which downlinks from the UA to the GCS for

active monitoring of the flight path. This altitude information, combined with Eagle

Vision Drones operation of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety

equivalent to Section 91.121.

Additionally, Eagle Vision Drones seeks an exemption from the requirements of

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

. Eagle Vision

Drones submits that safety will not be affected by operation of the DJI Phantom 2, DJI

Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions

(VMC ) under visual flight rules (VFR), with enough battery power to fly for a total

duration of approximately 13.5 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Eagle Vision Drones provides the following

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact i s

Eagle Vision Drones , LLC

11427 Jeffords Ave

Choctaw, OK 73020

Tel: ( 405 ) 290

- 8597

Email: admin@eaglevisiondrones.com

B. The Specific Sections Of 14 C.F.R. from Which Eagle Vision Drones Seeks

Exemption.

1. Eagle Vision Drones Seeks Exe mption From The Requirements Of

Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in

command , subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of an aircraft that is carrying passengers or property for compensation

or hire; nor may that person, for compensation or hire, act as PIC of an

aircraft.7 (b) A private pilot may, for compensation or hire, act as PIC of an aircraft

in co nnection with any business or employment if —

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Eagle Vision Drones Seeks Exemption From The Requiremen ts Of Section

91.7(a).

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

the following:

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

3. Eagle Vision Drones Seeks Exemption From The Requirements Of Section

91.121.

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

in part:

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

level of that aircraft, as the case may be, by reference to an altimeter that is set,

when operating

--

(1) Below 18,000 feet MSL, to

--

(I) The current reported altimeter setting of a station along the route and within

100 nautical miles of the aircraft;

(II) If there is no station within the area prescribed in paragraph (a)(1)(i) of this

section, the current reported altimeter setting of an appropriate available

station; or

(III)In the case of an aircraft not equipped with a radio, the elevation of the

departure airport or an appropriate altimeter setting available before departure.

4. Eagle Vision Drones Seeks Exemption From The Requirements Of Section

91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel to fly to

the first point of intended landing and, assuming normal cruising speed, to fly

afte r that for at least 20 minutes.8 5. Eagle Vision Drones 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 prescrib ed in part 43 of this chapter.

6. Eagle Vision Drones 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 by a person authorized under §43.7 of

this chapter[.]

7. Eagle Vision Drones Seeks Exemption From The Requirements Of

Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate

an aircraft unless, within the preceding 12 calendar months , it has had

--

(1) An annual inspection in accordance with part 43 of this chapter and has been

approved for return to service by a person authorized by § 43.7 of this

chapter; or

(2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter.

8. Eagle Vision Drones 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 per formed 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

recor ds of the 100

- hour, annual, progressive, and other required or approved9 inspections, as appropriate, for each aircraft (including the airframe) and

each engine, propeller, rotor, and appliance of an aircraft. The records must

include

--

(i) A description (or reference to data acceptable to the Administrator)

of the work performed; and

(ii) The date of completion of the work performed; and

(iii)The signature, and certificate number of the person approving the

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each

propeller, and each rotor.

(ii) The current status of life

- limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii)The time sinc e last overhaul of all items installed on the aircraft

which are required to be overhauled on a specified time basis.

(iv ) The current inspection status of the aircraft, including the time

since the last inspection required by the inspection program under

which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and

safety directives including, for each, the method of compliance, the AD

or safety directive number and revision date. If the AD or safety

directive involves recurring action, the time and date when the next

action is required.

(vi ) Copies of the forms prescribed by § 43.9(d) of this chapter for each

major alteration to the airframe and currently installed engines, rotors,

propellers, and appliances.

(b) The owner or operator shall retain the following records for the

periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained

until the work is repeated or superseded by other work or for 1 year after

the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained

and transferred with the aircraft at the time the aircraft is sold.10 (3) A list of defects furnished to a registered owner or operator under § 43 .11 of

this chapter shall be retained until the defects are repaired and the aircraft is

approved for return to service.

C. The Extent Of Relief Eagle Vision Drones Seeks And The Reason Eagle Vision

Drones Seeks The Relief.

1. Extent Of Relief Eagle Vision Drones Seeks And The Reason

Eagle Vision Drones Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and

limitations: Pilot in command , is requested to the extent necessary to allow a PIC h olding

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 requirements, to conduct the

proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and ( b)

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if: (1) The flight is only incidental to that

business or employment; and (2) The aircraft does not carry passengers or property for

compensation or hire.

As set forth more fully below, Eagle Vision Drones submits that an equivalent level

of safety will be maintained because no PIC will be allowed t o operate the DJI Phantom 2

UAS or DJI Phantom 3 UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

hour and currency requirements, demonstrating that the PIC is able to safely operate either

the DJI Phantom 2 or DJI Phantom 3 or DJI 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 from people, vessels, vehicles and

structures.

Further, Eagle Vision Dro nes submits that all fl ights of the DJI Phantom 2, DJI

Phantom 3 and, DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this

Petition: (1) will be incidental to Eagle Vision Drones business; and (2) will not carry

passengers or property for compensation or hire.

2. Extent Of Relief Eagle Vision Drones Seeks And The Reason

Eagle Vision Drones 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 Eagle Vision Drones to determine that the DJI Phantom 2, DJI

Phantom 3 and DJI Inspire 1 UASs are in airworthy condition prior to every flight by

ensuring that the UAS is in compliance with the operating documents (i.e. Monthly

Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction

Manual).

Eagle Vision Drones seeks the requested relief because the DJI Phantom 2, DJI

Phantom 3, and DJI Inspire 1 UASs do not require an airworthiness certificate i n

accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Eagle Vision Drones will ensure

that the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy condition11 based upon its compliance with the operating documents (i.e., Monthly Mainten ance Log,

and DJI Phantom 2, DJI Phantom 3 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.

3. Extent Of Relief Eagle Vision Drones Seeks And The Reason

Eagle Vis i on Drones Seeks Relief From Section 91.121.

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

flight operations of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, whic h

utilize a barometric pressure sensor, GPS equipment, and a radio communications

telemetry data link to downlink altitude information from the UA to the PIC at the ground

control station (GCS). Since the FAA requires that any altitude information concerni ng

UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL),

Eagle Vision Drones seeks the requested relief because the DJI Phantom 2, DJI Phantom 3

and DJI Inspire 1 UA ’ s altimeter may be set on the ground to zero feet AGL, rather than

the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from

14 C FR 91.121 is sought to the extent necessary to comply with the applicable

conditions and limita tions stated below. As more fully set forth herein, an equivalent

level of safety will be maintained since the DJI Phantom 2, DJI Phantom 3 and DJI

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 PIC with altitude information of the UA on the

heads

- up display of the GCS.

4. Extent Of Relief Eagle Vision Drones Seeks And The Reason

Eagle Vision Drones Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR

conditions, is requested to the extent required to allow flights of the battery powered

DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs dur ing daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration

of 13.5 minutes to the first point of intended landing and, assuming normal cruising

speed, to fly after that for at least 4.5 minutes. Eagl e Vision Drones seeks the requested

relief because without an exemption from Section 91.151(b), the flight time duration of

the battery powered DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs will

s everely constrain the practicality of any aerial video or still photo flight operations that

Eagle Vision Drones proposes to conduct pursuant to this Petition.

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

DJI Phantom 3 and DJI Inspire 1 UASs, the DJI Phantom 2, DJI Pha ntom 3 and DJI

Inspire 1 operating documents, and Eagle Vision Drones proposed operating limitations,

ensure that Eagle Vision Drones will safely operate the battery powered DJI Phantom 2,

DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual meteorological

conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a

total duration of 13.5 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 4.5 minutes.12 5. Extent Of Relief Eagle Vision Drones Seeks And The Reason

Eagle Vision Drones Seeks Relief From Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a ) & (b)

only apply to aircraft with an airworthiness certificate, Eagle Vision Drones requests relief

from these Sections because the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs

do not require airworthiness certificates. As set forth more fully bel ow, the DJI Phantom

2, DJI Phantom 3 and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for

operation without an airworthiness certificate. Accordingly, Eagle Vision Drones will use

trained technicians to perform maintenance, alterations, or pr eventive maintenance on the

UASs using the methods, techniques, and practices prescribed in the UAS operating

documents (i.e., Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI

Inspire 1 Instruction Manual). Furthermore, Eagle Vision Drones will document and

maintain all maintenance records for the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1

UASs.

D. The Reasons Why Granting Eagle Vision Drones Request Would Be In

The Public Interest; That Is, How It Would Benefit The Public As A

Whole.

Granting the present Petition will further the public interest by allowing Eagle

Vision Drones to safely, efficiently, and economically perform aerial video and

photography for wedding films, real estate, special events, film sets, and landscape

over cert ain areas of the United States.

Additionally, use of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs

will decrease congestion of the NAS, reduce pollution, and provide significant benefits to

the economy. Notably, the benefits of Eagle Vision Dron es proposed operation of the DJI

Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will be realized without implicating

any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The N AS.

The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs are battery powered and

serve as a safe, efficient, and economical alternative to the manned aircraft traditionally

utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to

perform aerial acquisitions, an exemption allowin g the use of a DJI Phantom 2, DJI

Phantom 3 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 safety of life and property in the air

and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs do not require an airport to takeoff

or land ing . Likew ise, a reduction of manned aircraft conducting aerial video and

photography missions would result in fewer aircraft that must be handled by air traffic

control during the ground, takeoff, departure, arrival, and landing phases of flight

operations.13 2. The Public Will Benefit From The Safety And Efficiency Of The

DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 2, DJI Phantom 3 and DJI

Inspire 1 UASs, instead of manned aircraft, will greatly benefit th e 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, DJI Phantom 3 and DJI Inspire 1 UASs pr oduce no air pollution, and is the

most viable environmentally conscious alternative to the cabin class, six cylinder internal

combustion engine aircraft that are typically utilized for aerial video and photography,

while burning approximately 20

- 30 gallon s per hour of leaded aviation fuel. The DJI

Phantom 2, DJI Phantom 3 and DJI Inspire 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 tha n an internal combustion engine.

By using the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs to perform

aerial acquisitions, the substantial risk to life and property in the air and on the ground,

which is usually associated with traditional manned a ircraft flight operations, will be

substantially reduced or completely eliminated. Aside from the lack of flight crew members

located onboard the aircraft, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1.

UAs (weighing approximately 2 pounds 11 ounces a nd 6 pounds 7.5 ounces

respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches

respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on

board), has less physical potential for collateral damage to life and property on the

ground, and in the air, compared to the manned aircraft that typically conduct similar

operations (weighing approximately 6,000 pounds with a wingspan of approximately 42

feet, a length of 34 feet, and a fuel capacity of 180 gallon s).

3. Performing Aerial Video and Photography Operations With The

DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs Will

Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2, DJI Phantom 3 and

DJI Inspire 1 UASs are also an economical alternative to using manned aircraft to

conduct similar aerial operations. As such, operation of the DJI Phantom 2, DJI Phantom

3 and DJ I Inspire 1 UASs will allow United States based companies, like Eagle Vision

Drones , to remain competitive and contribute to growth of the U.S. economy.

Specifically, with the rising cost of aviation fuel and the Environmental Protection

Agency ( “ EPA ” ) reg ulatory actions phasing out leaded aviation fuels, U.S. owned and

operated companies must adopt new and alternative technology in order to remain

competitive. Operating the battery powered DJI Phantom 2, DJI Phantom 3 and DJI

Inspire 1 UASs is one such tec hnology that not only allows companies greater operational

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

operational cost of a traditional manned aircraft.

By operating the DJI Phantom 2, DJI Phantom 3 and DJI Ins pire 1 UASs,

companies such as Eagle Vision Drones , can remain competitive and profitable, and

therefore, provide greater job stability to employees and contractors, which will ultimately14 contribute to growth of the U.S. economy. Improved financial perform ance of U.S.

companies, through commercial use of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire

1 UASs, provides a stable workforce that increases consumer spending; improves local,

state, and federal tax revenues; and allows companies to invest in rese arch and

development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

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

decades, Eagle Vision Drones proposed operat ion of the DJI Phantom 2, DJI Phantom 3

and DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI

Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will be operated only in compliance

with operating documents (i.e., the Monthly Main tenance Log, and DJI Phantom 2, DJI

Phantom 3 and DJI Inspire 1 Instruction Manual) which requires property owner

involvement as well as local law enforcement notification, and in accordance with the

Federal Aviation Regulations, including the minimum alti tude requirements of 14

C.F.R. § 91.119.

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

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

Provided By The Rule From Which Eagle Vision Drones Seeks Exe mption.

1. Reasons Why The DJI Phantom 2, DJI Phantom 3 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, Eagle Vision Drones operation of the DJI

Phantom 2, DJI Phantom 3 and DJI 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 2 1,

Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness

certification and sets forth requirements for considering whether a UAS will create a

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

security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and

not later than 180 days after the date of enactment of this Act, the

Secretary of Transportation shall det ermine 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.15 (b) Assessment of Unmanned Aircraft Systems.

-- In making the determination

under subsection (a), the Secretary shall determine, at a minimum

--

(1) which types of unmanned aircraft systems, if any, as a result of their

size, weight, speed, operational capability, proximity t o airports and

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

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

or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authoriz ation, 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, Eagle Vision Drones submits that the DJI Phantom 2, DJI

Phantom 3 and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section

333, as demonstrated by: (a) the characteristics of the DJI Phantom 2, DJI Phantom 3 and DJI

Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating

limitations.

a. The Specifications Of The DJI Phantom 2, DJI Phantom 3 and

DJI Inspire 1 UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UA Ss do not create a

hazard to users of the NAS or the public, or otherwise pose a threat to national security

considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2, DJI Phantom 3 and

DJI Inspire 1 UASs.

The technical specifications of the DJI Phantom 2 , DJI Phantom 3 and DJI

Inspire 1 UASs are set forth by the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1

Specifications and Data Sheet, attached hereto as Appendix A, B and C.

ii. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs

Autonomous Flight And Navigation Modes Enable The UASs

To Remain Within A Defined Operational Area.

The DJI Phantom 2, DJI Phantom 3 and DJI 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 DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs

is provided at pages 24

- 30 of t he DJI Phantom 2, pages 11

- 1 7 of the DJI Phantom 3 and

45

- 50 of the DJI Inspire 1 User Manuals, att ached hereto as Appendix D , E and F

.16 iii. The DJI Phantom 2, DJI Phantom 3 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 Link is lost, the DJI Pha ntom 2 , DJI Phantom 3 and DJI

Inspire 1UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the

DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs do not reacqui re control link data from

the GC S, the UAs will assume that the Co ntrol Link is lost and the UAs will return to the

home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and

shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are set

forth at pages 25 throu gh 2 6, for the DJI Phantom 3 pages 12

- 14 and for the DJI

I nspire 1 at pages 13 through 15 of the respective User Manual s, attached hereto as

Appendix D, E and F

.

iv. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 GCS And Its

Operation.

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

2 and DJI Inspire 1 GCS and flight control software is provided at pages 31 through 45

of the DJI Phantom 2 User Manual , pages 31 through 45 of the DJI Phantom 2 User

Manual pages 35 through 56 of the DJI Phantom 3 User Manual and pages 40 through

62 of the DJI Inspire 1 User Manual. DJI Phantom 2 , DJI Phantom 3 and DJI Inspire 1

User Manuals are attached hereto as Appendix D , E and F

.

b. Flight Operations Of DJI Phantom 2, D JI Phantom 3 and DJI Inspire 1

UASs Are Limited To The Line Of Sight Of A Certificated Pilot in

Command With A Safety Observer.

Eagle Vision Drones will only utilize certificated pilots who possess a current and

valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2,

DJI Phantom 3 and DJI Inspire 1 UASs. Additionally, a safety observer will assist all

pilots during flight time.

c. Flights Of DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs Will

Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Eagle Vision Drones proposes to commercially operate

DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs for the special purpose of

conducting aerial video and photography over certain areas of U nited 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 maximu m gross weight: DJI Phantom 2, DJI Phantom 3 and DJI

Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft

will require a new petition or a petition to amend this grant.17 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 by t he procedures specified in the operating

documents unless a special request is made and approved by ATC. All altitudes

reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all

times. This requir es the PIC to be able to use human vision unaided by any

device other than corrective lenses, as specified on the PIC ’ s FAA

- issued airman

medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability.

The SO and PIC must be able to communicate verbally at all times. Electronic

messaging or texting is not permitted during flight operations. The PIC must be

designated before the flight and cannot transfer his or her designation for the

duration of the flight. The PIC must ensure that the SO can perform the functions

prescribed in the operating documents

.

8. The SO must not perform any other duties beyond assisting the PIC with seeing

and avoiding other air traffic and other ground based obstacles/obstructions and

is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during

UAS operations and made available to the Administrator upon request. If a

discrepancy exists between the conditions and limitations contained in the grant

of exemption and the procedures outlined in the operating documents, the

conditions and limitations contained in the grant of exemption take precedence

and must be followed. Otherwise, the operator must follow the procedures as

outlined in its operating documents. The operator may update or revise its

o perating documents. It is the operator ’ s responsibility to track such revisions

and present updated and revised documents to the Administrator upon request.

The operator must also present updated and revised documents if it petitions for

extension or amend ment to the grant of exemption. If the operator determines

that any update or revision would affect the basis upon which the FAA granted

the exemption, then the operator must petition for amendment to its grant of

exemption. The FAA ’ s UAS Integration Offic e (AFS

- 80) may be contacted if

questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the 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 the18 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 ins pection. All maintenance and alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical

componen t, 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, or equipme nt, not already covered in the

relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer ’ s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance,

inspection, alterations, and status of replacement/overhaul component parts

must be noted in the aircraft records, including total t ime in service, description

of work accomplished, and the signature of the authorized person returning the

UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer

Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current

third

- class medical certificate.

18. The operator m ay not permit any PIC to operate unless the PIC meets the

operator ’ s qualification criteria and demonstrates the ability to safely operate

the UAS in a manner consistent with how the UAS will be operated under the

exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC

qualification flight hours must be logged in a manner consistent with 14 C.F.R.

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

pe rmitted under the terms of the 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 n onparticipants, and the PIC must operate the UA

with appropriate distance from nonparticipants in accordance with 14 C.F.R. §

91.119.19 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

1.1. All operations must be conducted under visual meteorological conditions

(VMC). If flight at night is required, a special request will be made at the FAA

office closest to proposed area of operations. Flights under special visual flight

rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA

- published aeronautical chart unless a letter of

agreement with that airport ’ s management is obtained, and the operation is

conducted in accordance with a NOTAM as req uired by the operator ’ s COA.

The letter of agreement with the airport management must be made available to

the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when vi sibility is less than 3 statute miles from the

PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a pre

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

in accordance with the operating docume nts.

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

emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is e nough power to fly at normal cruising

speed to the intended landing point and land the UA with 25% battery power

remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate

of Waiver or Authorization (COA) prior to conducting any operations under the

grant of exemption. This COA will also require the operator to request a Notice

to Airman (NOTAM) not more than 72 hours in advance, but not less than 48

hours prior to the operation. All operations shall be conducted in accordance

with airspace requirements in the ATO issued COA including class of airspace,

altitude level and potential transponder requirements.

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

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

identification (N

- Number) markings in accordance with 14 C.F.R. part 45,

Subpart C. Markings must be as large as practicable.

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

an d control of the UA must comply with the Federal Communications

Commission (FCC) or other appropriate government oversight agency

requirements.20 28. The documents required under 14 C.F.R. 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the

UAS is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation

operations and acti vities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, SO, operator trainees or essential persons),

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The

operator must ensure that nonparticipating persons remain under such

protection. If a situation arises where nonparticipating persons leave such

protection and are within 500 feet of the UA, flight operations must cease

immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures w here the

owner/controller of such vessels, vehicles or structures has granted

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not present

an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons

do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or 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

.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a)

And (b) Would Not Adversely Affect Safety.

Eagle Vision Drones submits that the equivalent level of safety established by

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate

the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs 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 or DJI Phantom 3 or DJI Inspire 1 UAS in a21 manner consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Eagle Vision Drones proposed area of operations, and the operating

limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge

requirements to those of commercial pil ot requirements (See Exemption No. 11062);

and the airmanship skills necessary to safely operate the DJI Phantom 2 or DJI Phantom

3 or DJI Inspire 1 UAS, Eagle Vision Drones submits that the additional manned

airmanship experience of a commercially certifi cated pilot would not correlate to the

airmanship skills necessary for Eagle Vision Drones specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to

UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Eagle Vision Drones will not allow any PIC to operate the DJI P hantom 2,

DJI Phantom 3 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum

flight

- hour requirements or the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1 UAS

training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2

or DJI Phantom 3 or DJI Inspire 1 UAS in a manner consistent with this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures.

Specifically, the 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 operatio ns under the exemption). In addition to the hour requirements,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight

experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of safety during Eagle Vision Drones proposed operations. The

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

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

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

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

and logged, in a ma nner 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 PIC must also have accumulated and

logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to

be used for operations under the exemption. For clarification, the FAA considers these

m inimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model

time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must

accomplish 3 takeoffs and landings in the preceding 90 days (for cur rency purposes). The

FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are

appropriate to practice and build proficiency in the skills necessary to safely conduct the

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.22 Training, proficiency, and experience

- building flights can also be conducted under the grant

of exemption to accomplish the requi red flight time. During training, proficiency, and

experience building flights the PIC is required to operate the UA with appropriate

d istances in accordance with 14 C.F.R 91.119.

Accordingly, Eagle Vision Drones will ensure safe operations by not allowin g any

PIC to operate the DJI Phantom 2 or DJI Phantom 3or DJI Inspire 1 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 or DJI Phantom 3 or DJI 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.

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

Wo uld Not Adversely Affect Safety

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

because prior to every flight, Eagle Vision Drones will ensure that the DJI Phantom 2 or

DJI Phantom 3 or DJI Inspire 1 UAS is in an airworthy condition based upon the UAS ’ s compliance with its operating documents and as stated in the conditions and limitations

herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to

UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirement s Of Section 91.121

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1

UAs will be provided to the PIC v ia GPS equipment and a radio communications telemetry

data link, which downlinks from the UA to the GCS for active monitoring of the flight path

and altitude. This altitude information, combined with Eagle Vision Drones operation of the

DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs within visual line of sight, at or

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

information will be generated by GPS equipment installed onboard the aircraft. Prior to

each fli ght, 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).

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

Would Not Adversely Affect Safety.

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

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

Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs; (2) the limitations on the proposed23 flight operations; and (3) the location of the proposed flight operations. Accordingly,

Eagle Vision Drones will ensure that it will safely operate the battery powered DJI

Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in VFR

conditi ons, with enough battery power to fly for a total duration of 13.5 minutes to the

first point of intended landing and, assuming normal cruising speed, to fly after that for

at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specification s of the DJI Phantom

2, DJI Phantom 3 and DJI 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, safety will be ensured as

the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs 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 po wer, and again at

approximately 10% remaining battery power. At the critically low battery level, the DJI

Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected when the technical characteristics and

operating limitations of the UAS are considered. Relief has been granted for manned

aircraft to operate at less than the minimums prescribed in Section 9 1.151, including

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to

those presented herein (e.g. Exemption Nos. 8811, 10808, 1067 3, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would

Not Adversely Affect Safety.

In seeking this exemption, Eagle Vision Drones submits that the equivalent level

of safety with regard to the regulatory maintenance and alteration requirements

established by Sections 91.405(a), 91.4 07(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b) will be met because Eagle Vision Drones will use trained 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

Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction

Manual). Furthermore, Eagle Vision Drones will document and maintain all

maintenance records for the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs.

Since the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will be inspected

as prescribed by the operating documents, Eagle Vision Drones will maintain the

equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), an d 91.409(a)(2).

A copy of the DJI Phantom 2 , DJI Phantom 3 and DJI Inspire 1 User Manuals are attached

hereto as Appendix D , E and F ; a copy of the DJI Phantom 2, DJI Phantom 3 and D JI

Inspire 1 UAS Maintenance Log is attached hereto as Appendix G

.24 L ikewi se, the exemption sought will not adversely affect safety because Eagle

Vision Drones will use trained technicians to perform maintenance, alterations or

preventive maintenance on the UAS using the methods, techniques, and practices

prescribed by the opera ting documents.

Furthermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will be performed by trained

technicians. Maintenance will be documented and maintained utilizing the monthly

maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is

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

UAS are considered.

In consideration of Eagle Vision Drones proposed operating l imitations,

t he operating documents, and the technical aspects of the DJI Phantom 2, DJI

Phantom 3 and DJI Inspire 1 UASs, Eagle Vision Drones 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

F AA has previously granted relief specific to UAS in circumstances similar, in

all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

11138, 11150, 11153, 111 56, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe O peration.

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, Eagle Visio n Drones

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

Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, which contain such safety standards

that the Administrator finds necessary to establish a level of safety equ ivalent to that

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a),

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

Such special conditions will permit safe operation of the UAs f or the limited purpose of

conducting aerial video and photography over certain areas of the United States for

compensation or hire. FMRA Section 333 sets forth the requirements for considering

whether a UAS will create a hazard to users of the NAS or the p ublic, 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 NA S.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§21.16, for operation of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs,

since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or

app ropriate safety standards, due to the novel or unusual design features of the aircraft.

Section 21.16, entitled Special Conditions, states the following:25 If the FAA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because

of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes

special conditions and amendments thereto for the product. The special con ditions are

issued in accordance with Part 11 of this chapter and contain such safety standards for the

aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety

equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

T herefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the

FAA may prescribe special conditions for Eagle Vision Drones intended operation of

the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, which contain such sa fety

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).

F. A Summary That Can Be Published In The Federal Register, stating:

The Rules From Which Eagle Vision Drone s eeks Exemption:

Eagle Vision Drones seeks exemption from the requirements of 14 C.F.R Sections

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Eagle Vision Drones

Seeks:

This exemption will permit Eagle Vision Drones to commercially operate an

Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and

photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support

Eagle Vision Drones Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain

UAS may operate safely in the NAS. As such, Eagle Vision Drones request for e xemption

may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as

set forth above.

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

create a hazard to users of the NAS or the public, or otherwis e pose a threat to national

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

certification.26 As discussed in detail above, Eagle Vision Drones will operate the DJI

Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAS s safely in the NAS, without

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

national security.27 CONCLUSION

As set forth herein, Eagle Vision Drones seeks an exemption pursuant to 14

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA), which will permit safe operation of the DJI Phantom 2, DJI Phantom 3 and DJI

Inspire 1 UASs commercially, without an airworthiness cer tificate, for the limited

purpose of conducting aerial video and photography over certain areas of the United

States. By granting this Petition, the FAA Administrator will be fulfilling the

Congressional mandate of the FAA Modernization and Reform Act of 2 012, while also

advancing the interests of the public, by allowing Eagle Vision Drones to safely,

efficiently, and economically operate the DJI Phantom 2, DJI Phantom 3 and DJI Inspire

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, Eagle Vision Drones 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 Leading Edge to operate the DJI

Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs commercially for the purpose of

conducting aerial video and photogra phy over certain areas of the United States.

Dated: Ju ly 6 , 2015

Respectfully Su bmitted,

Eagle Vision Drones , LLC

Joe Hartpence , MGMR

Eagle Vision Drones , LLC

11427 Jeffords Ave

Choctaw, OK 73020

Tel: ( 405 ) 290 8597

Appendices :

A – DJI Phantom 2 Specifications Data Sheet

B – DJI Phantom 3 Specifications Data Sheet

C – DJI Inspire 1 Specifications Data Sheet

D – DJI Phantom 2 Manufacturer ’ s User Manual

E – DJI Phantom 3 Manufacturer ’ s User Manual

F – DJI Inspire 1 Manufacturer ’ s User Manual

G – Monthly Maintenance Log28 APPENDIX – A

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS

Eagle Vision Drones only utilizes safe and reliable UASs. DJI is an industry leader in

small UAS production. DJI UASs are loaded with ground breaking software enabling the

user to set parameters which will not allow flight into controlled airspace. Parameters can

also be set to limit flight to no higher than a predetermined and set altitude as well as limit

flight to a predetermined and set distance. In addition, DJI software provides real

- time

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

devices)

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

1.1.1.4 Max Yaw Angular Velocity

- 200 0 /s

1.1.1.5 Max Tilt Angel

- 35 0

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

- ±0.03 0

1.1.2.3 Controllable Range – Pitch:

- 90 0

- 0 0

1.1.2.4 Maximum Angular Speed – Pitch: 90 0 /s

1.1.3 Camera

1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)

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 – 1080p30 & 720p

1.1.3.6 Recording Field of View

- 110 0 /85 0

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

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

1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender29 1.1.5.1 Operating Frequency – 2412

- 2462MHz

1.1.5.2 Communication Dist ance (unobstructed) – 500

- 700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W30 APPENDIX – B

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

Eagle Vision Drones only utilizes safe and reliable UASs. DJI is an industry leader in

small UAS production. DJI UASs are loaded with ground breaking software enabling the

user to set parameters which will not allow flight into controlled airspace. Parameters can

also be set to limit flight to no higher than a predetermined and set altitude as well as limit

flight to a predetermined and set distance. In addition, DJI software provides real

- time

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

devices)

2.1 DJI Phantom 3

2.1.1 Aircraft

2.1.1.1 Supported Battery – DJI 6000mAh LiPo 2S

2.1.1.2 Weight (Battery & Propellers Included) – 1280 g

2.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: 10cm; Horizontal: 1m

2.1.1.4 Max Ascent Speed – 5m/s

2.1.1.5 Max Descent Speed – 3m/s

2.1.1.6 Max Flight Speed – 16m/s (ATTI mode, no wind)

2.1.2 Gimbal

2.1.2.1 Controllable Range – Pitch:

- 90 0 + 30 0

2.1.2.2 Stabilization – 3

- zxis (pitch, roll, yaw)

2.1.3 Camera

2.1.3.1 Sensor – Sony EXMOR

2.1.3.2 Sensor Size – 1/2.3 ”

2.1.3.3 Effective Pixels – 12.4M

2.1.3.4 Video Recording Mode – 4096x2160p, 3840x2160p, 1920x1080p,

1280x720p

2.1.4 Remote Controller

2.1.4.1 Operating Frequency – 2.400GHz – 1.483GHz

2.1.4.2 Max Distance – 2000m

2.1.4.3 Receiver Sensitivity (1%PER)

- 101dBm+/

- 2dBm

2.1.4.4 Transmitter Power (EIRP) – FCC: 20dBm, CE: 16dBm

2.1.4.5 Working Voltage – 12A@7.4V31 APPENDIX – C

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Eagle Vision Drones only utilizes safe and reliable UASs. DJI is an indus try leader in

small UAS production. DJI UASs are loaded with ground breaking software enabling the

user to set parameters which will not allow flight into controlled airspace. Parameters can

also be set to limit flight to no higher than a predetermined and set altitude as well as limit

flight to a predetermined and set distance. In addition, DJI software provides real

- time

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

devices)

3.2 DJI Inspire 1

3.2.1 Aircraft

3.2.1.1 Mode l – T600

3.2.1.2 Weight (Batt ery Included) – 6lbs 7.5291oz (2935g)

3.2.1.3 Hovering Accuracy (GPS Mode ) – Vertical: 0.5m; Horizontal: 2.5m

3.2.1.4 Max Angular Velocity – Pitch : 300 0 /s; Yaw: 1 50 0 /s

3.2.1.5 Max Tilt Angle

- - ‐ 35 0

3.2.1.6 Max Ascent Speed – 5m/s

3.2.1.7 Max Descent Speed – 4m/s

3.2.1.8 Max Speed – 22m/s (ATTI mode, no wind – NOT RECOMMENDED )

3.2.1.9 Max Flight Altitude – 4500m

3.2.1.10 Max Wind Re sistance – 10m/s

3.2.1.1 1 Max Flight Time – Approximately 18 minutes

3.2.1.1 2 Motor Mode l – DJI 3510

3.2.1.1 3 Propeller Mode l – DJI 1345

3.2.1.1 4 Operating Temperature Range – 14 0 F to 104 0 F (

- - ‐ 10 0 C t o 40 0 C)

3.2.1.1 5 Dimensions – 17 1⁄4 ” x 17 3⁄4 ” x 12 ”

3.2.2 Gimbal

3.2.2.1 Model

- ZENMUSE X3

3.2.2.2 Output Power (with camera) – Static: 9W ; I n Mot ion: 11 W

3.2.2.3 Operating Current – Static: 750mA; In Motion: 900mA

3.2.2.4 Angular Vibration Range

- - ‐ ±0.03 0

3.2.2.5 Mounting – Detachable

3.2.2.6 Controllable Range – Pitch :

- - ‐ 90 0 to +30 0 ; Pan : ±320 0

3.2.2.7 Mechanical Range – Pitch :

- - ‐ 125 0 to 45 0 ; Pan : ±330 0

3.2.2.8 Max Controllable speed – Pitch : 120 0 /s; Pan : 180 0 /s

3.2.3 Camera

3.2.3.1 Name – X3

3.2.3.2 Model – FC350

3.2.3.3 Total Pixels – 12.76M

3.2.3. 4. Effective Pixels – 12.4M32 3.2.3.5 Image Max Size – 4000x 3000

3.2.3.6 ISO Range – 100

- - ‐ 3200

3.2.3.7 Field of View

- - ‐ 94 0

3.2.3.8 CMOS

- Sony EXMOR 1/2.3 ”

3.2.3.9 HD Video Recording –

UHD(4K ): 4096x2160p24/ 25

3840x2160p24/25/ 30

F HD: 1920x1080p24/25/30/48/50/ 60;

HD: 1280x720p24/25/30/48/50/6 0

3.2.3.1 0 Operating Temperature Range

- - ‐ 32 0 F

- - ‐ 104 0 F (0 0 C

- - ‐ 40 0 C)

3.2.4 Transmitter

3.2.4.1 Name – C1

3.2.4.2 O perating Frequency – 5.728

- - ‐ 5 .850GHz; 2.400

- - ‐ 2.483GH z

3.2.4.3 Communicating Distance (unobstructed ) – 2000m

3.2.4. 4. Output Power – 9W

3.2.4.5

. Operating Temperature Range

- - 1 0 0 C to 40 0 C)

3.2.4.6

. Batter y – 600mAh LiPo 2 S

3.2.5 Battery

3.2.5 .1 Name – Intelligent Flight Battery

3.2.5 .2 Model

-- TB47

3.2.5 .3 Capacity – 4500 mAh

3.2.5

. 4. Voltage – 22.2V

3.2.5.4. Battery Type – LiPo 6S

3.3.5.5. Net Weight – 570g

3.2.5 .6. Operating Temperature Range

- - 14 0 C to 40 0 C

3.2. 5.7. Max Charging Power – 180 W33 APPENDIX – D

DJI PHANTOM 2 MANUFACTURER ’ S USER MANUAL

User manual can be found at:

h tt p :// do w n l o a d

. d ji

- i nnov ati on s.c o m / do w n l o a d s/ ph a n t o m _2 /e n / PHANTO M 2_ U ser

_ M a nu al _v1

. 4_ e n

. pd f34 APPENDIX – E

DJI PHANTOM 3 MANUFACTURER ’ S USER MANUAL

User manual can be found at:

h tt p ://download.dji

- i nnov ati on s.c o m / do w n l o a d s/ ph a n t o m _3 /e n / Phantom _3_Advanced_ U ser

_ M a nu al _v1

. 2_ e n

. pd f35 APPENDIX – F

DJI INSPIRE 1 MANUFACTURER ’ S USER MANUAL

User manual can be found at:

h tt p :// do w n l o a d

. d ji

- i nnov ati on s.c o m / do w n l o a d s/i n s p ire _1 /e n /I n s p ire _1_ U ser

_ M a nu al _v1

. 2_ e n

. pd f36 APPENDIX – G

MONTHLY MA I NTENANCE LOG

month: year:

UAS #: Date Issue

Discovered Date Issue

Addressed Issue Description & Maintenance Conducted Maintenance Performe d By:

Prin t & Sign

Software Updates

Airframe

Engines

Propellers

Camera Gimbal

Landing Gear

Vibration Dampening

Other: