1 UNITED STATES OF AMER I CA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASH I NGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

HIGHLIK AERIALS

, 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 O F DJI

PHANTOM 3 PROFESSIONAL UNMANNED AIRCRAFT SYSTEMS

P URSUANT TO SECTION 333 OF

TH E F AA MODERNIZATIO N AN D REFORM ACT O F 2012 (PUBLI C LAW 112

- 95)

Submitted on November 3 0 , 2015

HighLik Aerials, L L C Phillip Rex Sims JR ( Owner )

7880 La Mirada Drive
Boca Raton, FL 33433 Cell: (561) 483

- 4443

I an Daniel Apple (Owner)

3916 Barcelona Avenue Jacksonville, FL 32207 Cell: (904) 885

- 94442 TABLE OF CONTENTS

Page

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

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

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

I N TRODUCTION AND INTERES TS OF PETITIONER....................................................4

BACKGROUND.............................................................................................................

. ......4

BAS I S FOR PETITION........................................................................................................

. 4

NAME AND ADDRESS OF PETITIONER............................................................

. 6

THE SPEC I F I C SECTIONS OF 14 C.F.R. FROM WH I CH HIGHLIK AERIALS, LLC, SEEKS

EXEMPT I ON..................................

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

T HE EXTENT OF RELIEF HIGHLIK AERIALS , LLC, SEEKS AND THE

REASON HIGHLIK AERIALS

, LL C

, SEEKS THE

RELIEF

... ................................ ..............9

THE REASONS WHY GRANTING HIGHLIK AERIALS, LLC, REQUEST

WOU L D BE IN THE PUBLIC I N TEREST

................................................................11

THE REASONS WHY GRANTING THE EXEMPT I ON WOULD NOT

ADVERSE L Y AFFECT S AFETY..........................................................................13

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REG I STER......22

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT C I NEMACAPTURE V I DEOGRAPHY’S REQUEST........

......................................................................... ..............................22

CONC L USION..................................................................................................................

. .23

APPEND I CES.........................................................................................243 GLOSSAR Y OF ABBREVIATIONS

AG L Above Ground Level

AO I Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

A V Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FA A Federal Aviation Administration

FA R Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning S y stem

LOL Loss of Link

NA S National Airspace S y stem

P I C Pilot I n Command

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

S O Safety Observer

SOP Standard Operating Procedures

U A Unmanned Aircraft

UA S Unmanned Aircraft S y stem

VF R Visual Flight Rules

VLOS Visual L ine of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

HighLik Aerials, L L C, 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 Air c raft S y stem pur suant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exempt ion will permit me to operate an Unmanned Aircraft S y stem (UAS) for the commercial purpose of conducting aerial video and photography, real estate, and special events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF TH E PETITIONER HighLik Aerials, L L C, provid e s clients with expertise and knowledge in advanced technologies and solutions to increase efficienc y , productivity and effectiveness. HighLik Aerials, LLC , also provides clients with the highest quali t y digital content for use in their commercial, personal, and no n

- profit multimedia projects. Petitioner h a s over 2 y ea r s of recreational/hobby experience in all aspects of aerial video and photograph y

. Petitioner’s objective in aerial video and photograp h y operations is to provide high quality imaging for a

varie t y o f commercial, public, and residential uses, specifically targeting:

• Aerial Video and Photography for special events such as weddings

, construction, commercial businesses , and outdoor landscapes

• Production of promotional materials for advertising and Real Estate sales

• I n crease public knowledge of UAS and promotion of safe UAS operations.

BACKGROUND

Unmanned Aircraft S y stems: Two DJI Phanto m 3 Professional UASs

HighLik Aerials, L L C, seeks an exemption to operate DJI s y stems for compensation or

hire within the NAS. The DJI Phantom 3 Professional is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) uti l izing electronic tablet or smart phone s y stems. The DJI Phantom 3 Professional h a s a maximum gross weight of approximate ly 1280 gram, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of appro x imately 31 knots. The D J I Phantom 3 Professional

UAs are equipped with four main rotors; driven b y L ithiu m Pol y me r batter y powered electric

motors.
The DJI Phantom 3 Professional UAs that will be operated by HighLik Aerials

, 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, HighLik Aerials , LLC, pursuant to the provisions of the Federal

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems

, here b y petitions the Administrator to commercially operate the DJI Phantom 3

Professional UASs in the National Airspace S y stem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 9 1 .409(a)(1) & (a)(2), and 91.417(a) & (b).5 In consideration of the speed, weight, size, and li mited operating area associated with the unmanned aircraft and its operation, HighLik Aerials , LLC, will meet 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 l y , HighLik Aerials , L L C

, 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 on l y apply to aircraft with an airworthiness certificate.

Hi ghLik Aerials

, L L C, submi ts that the requested relief is proper since an equivalent

level of safe t y wil l be ensured. Petitioner will use his experience 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 DJ I Phantom 3

Professional Instruction Manual). Furthermore, Petitioner will document and maintain all

maintenance records for the DJI Phantom 3 UASs.

Relief from cer tain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in comman d , is requested by HighLik Aerials , LLC, to the

extent necessary to allow a Pilot in Command (P I C ) b y meeting minimum flight

- hour and currency requirements, that the PIC is able to safe l y operate the DJI Phantom 3 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. HighLik Aerials , L L C, seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Phantom 3 Professional UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, HighLik Aerial s , LLC

will ensure that the 2 UASs are in an airworthy condition, prior to every flight

, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance L o g ,

an d D J I Phantom 3 Professional Instruction Manual), and that the a ircraft are in a condition for safe flight. HighLik Aerials , L L C, also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings , as the DJI Phantom 3 Professional UAs will not have a t ypical

barometric altimet e r onboard. However, altitude information of the DJI Phantom 3 Professional UAs will be provided to the P I C via Global Positioning S y stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS f or active monitoring of the flight path. This altitude information, combined with my operation of the DJI

Phantom 3 Professional UASs within visual line of sight, at or below 400 feet AGL, will ensure a

le vel of safe t y equivalent to Section 91.121.

Additionall y , HighLik Aerials, L L C, seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. HighLik Aerials , L L C

, submits that safe t y will not be affected b y operation of the D J I Phantom 3 Professional UAs during da y light hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to f l y for a total duration of approximately 15 minutes to the first point of intended landing a n d, assuming normal cruising speed, to f l y after that for at least

4.5 minutes. In accordance with 14 C.F.R. § 11.81, HighLik Aerials , L L C, provides the following information in support of its petition for exemption:6 A . Name And Address Of The Petitioner:

HighLik Aerials , L L C

Phillip Rex Sims JR

7880 La Mirada Drive
Boca Raton, FL 33433 Cell: (561 ) 483

- 4443

Email: phillip.sims.jr@gmail.com

Ian Daniel Apple

3916 Barcelona Avenue Jacksonville, FL 32207 Cell: (904) 885

- 9444

Email: iandanielapple@gmail.com

B. The Specific Sections Of 14 C.F.R. from Which HighLik Aerials , LLC, S eeks Exemption.

1. HighLik Aerials , LLC, See k s 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 pr ivate pilot certificate may act as a pilot in command (P I C) of

an aircraft that is carr y ing passengers or property for compensation or hire; nor may that person, for compensation or hire, act as P I C of an aircraft.

(b) A private pilot ma y , for compensatio n or hire, act as PIC of an aircraft in connection with any business or emplo y ment i f

—

(1) The flight is only incidental to that business or emplo y ment; and (2) The aircraft does not carry passengers or property for comp e nsation or hire.

2. HighLik Aerials , LLC, See k s 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 airwort h y condition.

3. HighLik Aerials , LLC, See k s 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

, b y reference to an altimeter that is set, when operatin g

--

(1) Below 18,000 feet MS L , to

--7 (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) I n 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. HighLik Aerials , LLC, See k s 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 spe ed, to fly after that for at least 20

minutes.

5. HighLik Aerials , LLC, See k s Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

— (a ) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. HighLik Aerials , LLC, See k s 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 operat e an y aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unles s

--

(1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter.

7. HighLik Aerials , LLC, See k s Exemption From The Requ irements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:8 (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

–

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness cer tificate in accordance with par t 21 of this chapter.

8. HighLik Aerials , LLC, See k s Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and a lteration and records of

the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must includ e

--

(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 serv ice.

(2) Records containing the follo w ing information: (i) The total time in service of the airframe, each engine, each propeller, and each

rotor.

(ii) The current status of lif e

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required b y the insp e ction 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 safety9 directive number and revisio n date. If the AD or safe t y directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and 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 b y ot her work or for 1 y ear 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.

(3) A list of defects furnished to a registered owner o r 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 HighLik Aerials , LLC, See k s And The Reason HighLik

Aerials , LLC, See k s The Relief.

1. Exte nt Of Relief HighLik Aerials , LLC, See k s And The Reason HighLik

Aerials , LLC, See k s 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 exten t necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for comp ensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot ma y , for compensation or hire, a c t as PIC of an aircraft in connection with any business or emplo y ment if: (1) The flight is only incidental to that business or emplo y ment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more ful l y below, HighLik Aerials, LLC, submits that an equivalent level

of safe t y will be maintained because no PIC will be allowed to operate the DJI Phantom 3

Professional UAS except for the petitione r

. Further, HighLik Aerials, LLC submits that all flights of the DJ I Phantom 3 Professional UASs, conducted by the P I C pursuant to the grant of this Petition: (1) will be incidental to petitioner and (2) will not carry passengers or proper t y for compensation or hire.

2. Extent Of Relief HighLik Aerials , LLC, See k s And The Reason HighLik

Aerials , LLC, See k s Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthines s , is requested to the extent required to allow HighLik Aerials , LLC, to determine that the DJI Phantom 3 Professional UASs10 are in airworthy condition prior to every flight b y ensuring that the UAS is in compliance with the operating documents (i.e., Operations Manual, Monthly Maintenance Log, and DJI Phantom

3 Professional Instruction Manual). HighLik Aerials , L L C, seeks the requested relief because the DJ I Phantom 3 Professional UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, HighLik Aerials , LLC, will ensure that the DJI Phantom 3 Professional UASs are

in airwort h y condition based upon its compliance with the operating documents (i.e., Monthly

Maintenance Log, and D J I Phantom 3 I nstruction 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 HighLik Aerials , LLC, See k s And T he Reason HighLik

Aerials , LLC, See k s Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, ma y be required to allow flight operations of the D J I Phantom 3 Professional UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (A TC) in feet above ground level (AGL), HighLik Aerials , LLC, see ks the requested relief because the

D J I Phantom 3 Professional UA’s altimeter may be set on the ground to zero fe e t AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated

below. As more ful l y set forth herein, an equivalent level of safe t y will be maintained since the

D J I Phantom 3 Professional UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensur e s that a ground level pressure setting will be established prior to each flight, and provides the P I C with altitude information of the UA on the heads

- u p displa y of the GCS.

4. Extent Of Relief HighLik Aerials , LLC, See k s And The Reason HighLik Aerials

, LLC, S ee k s Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel require ments for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3

Professional UAs during da y light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. HighLik Aerials

, LLC, see ks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional UAs will severe l y constrain the practicality of a n y aerial video or still p hoto flight operations that HighLik Aerials , L L C

, proposes to conduct pursuant to this Petition. Significant l y, as se t forth below, the technical specifications of the DJI Phantom 3

Professional UASs, the DJI Phantom 3 Professional operating documents, and HighLik Aerials

, LLC, proposed operating limitations, ensure that HighLik Aerials

, LLC , will safe l y operate the

batt ery powered DJI Phantom 3 Professional UAs during da y light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to f l y for a total11 duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to f l y after that for at least 4.5 minutes.

5. Extent Of Relief HighLik Aerials , LLC, See k s And The Reason HighLik

Aerials , LLC, See k s 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), 9 1.409(a)(1) & (a)(2), and 91.417(a) & (b) on l y apply to aircraft with an airworthiness certificate, HighLik Aerials , L L C

, requests relief from

these Sections because the DJI Phantom 3 Professional UASs do not req uire airworthiness

certificat e s. As set forth more ful l y below, the DJI Phantom 3 Professional UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. According l y , HighLik Aerials , L L C

, will perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional

I n struction Manual). Furthermore

, HighLik Aerials

, LLC , will document and maintain all

maintenance records for the D J I Phantom 3 Professional UASs.

D. The Reasons Why Granting HighLik Aerials , LLC’s 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 b y allowing HighLik

Aerials

, LLC , to safel y , efficientl y , and economically perform aerial video and photograp h y for

real estat e , construction, commercial businesses, and special events over certain areas of the

United States.

Additionall y , use of the DJI Phantom 3 Professional UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econo m y

. Notab l y, the

benefits of HighLik Aerials , LLC, proposed operation of the DJI Phantom 3 Professional UASs will be realized without implicating any privac y issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 Professional UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imager y

. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exem ption allowing the use of a DJI Phantom 3 Professional 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

proper t y in the air and on the ground.

Furthermore, b y reducing th e number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJI

Phantom 3 Professional UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aeri a l video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, a rrival, and landing phases of flight operations.12 2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3

Professional UASs.

Conducting aerial acquisitions with the DJI Phantom 3 Professiona l UASs, instead of manned aircraft, will great l y benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 Professional UASs prod uce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six

c y linder internal combustion engine aircraft that are t ypical l y utilized for aerial video a n d photograp h y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI

Phantom 3 Professional UAs, while reducing the carbon footprint of aeri al acquisitions, also

eliminate noise pollution, as the UAs are propelled b y batte r y powered electric motors, rather than

an internal combustio n engine.

B y using the DJI Phantom 3 Professional UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, whi c h is usually associated with traditional manned aircraft flight operations, will be substanti ally reduced or complete l y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional UA s (weighing approximately 2 pounds 11 ounces, at maximum gross weights with lengths of 16 inches, widths of 16 inches, and with no fuel on board), has less ph y sical potential for collateral damage to life and proper t y on the ground, and in the air, compared to the manned aircraft that t y pical l y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3

Professional UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional UASs will allow United States based companies, like HighLik Aerials

, LLC, to remain competitive and contribute to growth of

the U.S. econo m y. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated comp anies must adopt new and alternative technol o g y in order to remain competitive. Operating the battery powered DJI Phantom 3 Professional UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides

such flexibil i t y without the high operational cost of a traditional manned aircraft.

B y operating the DJI Phantom 3 Professional UASs, companies such as HighLik Aerials

, LLC, can remain competitive and profitable, and therefore, provide greater job stabil it y t o emplo y ees and contractors, which will ultimately contribute to growth of the U.S. econo m y. Improved financial performance of U.S. companies, through commercial use of the DJI

Phantom 3 Professional UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.13 Similar to the manned aerial acquisition flight operations that have been conducted for decades, HighLik Aerials , LLC, proposed operation of the DJI Phantom 3 Professional UASs will not implicate any privac y issues. Specifical l y , th e DJI Phantom 3 Professional UASs will be operated only in compliance with operating documents (i.e., the Operations Manual, Monthly

Maintenance L og, and DJI Phantom 3 Professional Instruction Manual) which requires proper t y

owner involvement as well as local law enforcem ent notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude 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 I Seek Exemption.

1. Reasons Why The DJI Phantom 3 Professional UA s Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section

333.

In consideration of the si ze, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, my operation of the DJI Phantom 3 Professional UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in

accorda nce with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certific a tion and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national

securit y

. Specificall y , FMRA Section 333 states the following, in part:

( a

) In General.

-- Notwithstanding any other requirement of this subtitle, and not later

than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system b e fore completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

( b

) Assessment of Unmanned Aircraft Systems.

- - In making the determination under

subsection (a), the Secretary shall determine, at a minimu m

--

( 1

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

weight, speed, operational capa bility, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

( 2

) whether a certificate of waiver, cert ificate of authorization, or airworthiness

certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph ( 1

).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace14 system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seekin g this exemption, HighLik Aerials , L L C

, submi ts that the DJI Phantom 3

Professional UASs can operate safe l y in the NAS pursuant to FMRA Section 333, as

demonstrated b y : (a) the characteristics of the DJI Phantom 3 Professional UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional

UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional UASs do not create a hazard to users of the NAS or th e public, or otherwise pose a threat to national securi t y considering its size, weight, speed, and operational capabilit y

.

i. Technical Specifications Of The DJI Phantom 3 Professional UASs.

The technical specifications of the DJI Phantom 3 Professional UASs are set forth b y th e DJI Phantom 3 Professional Specifications and Data Sheet.

ii. The DJI Phantom 3 Professional UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational

Area.

The DJI Phantom 3 Professional UASs may be operated in both manual and ful l y autonomous flight modes. A complete description of the flight and navigational modes of the DJI

Phantom 3 Professional UASs is available on

- line at DJI Phantom 3 Users Manual

.

iii. The DJI Phantom 3 Professional UASs Are Designed For Automatic

Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control L ink is lost, the DJI Phantom 3 Professional UAs will remain

stationar y , in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UAs do not reacquire control link data from the GCS, the UAs will assume that th e Control

L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJI Phantom 3 Professional

UASs is available o n

- line at DJI Phantom 3 Users Manual

.

a. F lights Of DJI Phantom 3 Professional UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, HighLik Aerials , L L C

, propos e s to commercial l y operate DJI

Phantom 3 Professional UASs for the purpose of conducting aerial video and photograp h y over certain areas of United States, pursuant to the following specific operating lim itations:

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 5515 pounds maximum gross weight: DJI Phantom 3 Professional Unmanned Aircraft

S y stems. Proposed operations of any other aircraft will require a new petition or a petition to ame n d this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograph y

.

3. The UAs m ay not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated b y t he procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be

in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the P I C at all times.

This requi res the PIC to be able to use human vision unaided b y a n y device other than corrective lenses, as specified on the P I C’s FA A

- issued airman medical certificate.

6. The use of first person view (FPV) b y the P I C or safe t y observer (SO) is not permitted.

7. All operations must utilize a safe t y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alwa y s maintains V L OS capabilit y . The SO and P I C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The P I C must be designated before the flight and cannot transfer his or her designation for the durati o n of the flight. The P I C must ensure that the SO can perform the functions prescribed in the operating

documents

.

8. The SO must not perform any other duties be y ond assisting the P I C with seeing and avoiding other air traffic and other ground based obst a cles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents an d the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exis ts between the conditions and limitations contained in the grant of exemption and the procedures outlined in the op erating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the op e rator must follow the procedures as outlined in its operating documents. The operator may update or revise its ope rating documents. I t 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 amendme nt to the grant of exemption. I f the operator determines that any update or revision would affect the basis upon which the FAA granted the ex e mption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS

I ntegration Office (AF S

- 80 ) ma y be contacted if questions arise regarding updates or revisions to the operating documents.16 10. Prior to each flight the P I C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the U A S is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight insp ection. All maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or a lterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component , must undergo a functional test flight. The P I C who conducts the functional test flight must make an entry

in the aircraft records.

12. The pr e

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipmen t, not alrea d y covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/c o mponent, 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,

alt e rations, 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 Safe t y Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. The operator may not permit any PIC to operate unless the P I C meets the operator’s qualification criteria and demonstrates the ability to safe l y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualificatio n flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operat o r’s PICs are permitted under the terms of the exemption. However, training operations may on l y be conducted during dedicated tra ining sessions. During training, proficienc y , and experienc e

- building flights, all persons not essential for flight operations a re considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

18. 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). If17 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.

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

on a current FAA

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

20. The UA may not be operated less than 400 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the P I C.

21. If the UA loses communications or loses its GPS signal, it must return to a pr e

determined location within the planned operating area and land or be recovered in accordance with the operating documents.

22. The P I C must abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the operating documents.

23. The P I C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to f l y a t normal cruising speed to the intended landing point and land the UA with 25% battery power re maining.

24. The oper a tor must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting a n y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

25. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification ( N

Number) markings in accordance with 14 C.F.R. part 45, S ubpart C. Markings must be as large as practicable.

26. Before conducting operations the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversig ht agency requirements.

27. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to th e
P I C 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.

28. The UA must remain clear and y i eld the right of way to all manned aviation operations and activities at all times.

29. The UAS may not be operated b y the PIC from any moving device or vehicle.18 30. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the P I C, 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 where the owner/controller of such vessels, vehicles or structures has granted permission and

the P I C ha s made a s afe t y 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 P I C, SO, operator trainees or essential persons do not present an undue hazard to those p e rsons pe r § 91.119(a).

31. All operations shall be conducted over private or controlle d

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtaine d for each flight to be conducted.

32. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y t he applicable COA must be reported to the FAA's UAS Integration Office (AF S

- 80) within 24 hours. Accidents must be reported to the National Transportation Safe t y 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.

HighLik Aerials , L L C

, submi ts that the equivalent level of safe t y established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3

Professional UASs except HighLik Aerials , LLC, a n d tha t P I C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the P I C is able to safe l y operate the DJI

Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures. Considering HighLik Aerials , LLC’s, proposed area of operations, and the operatin g limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safe l y operate the DJI Phantom 3 Professiona l
UAS, HighLik Aerials , L L C

, submits that the additional manned airmanship experience of a

commercial l y certificated pilot would not correlate to the airmanship skills necessary for HighLik Aerials , LLC ’ s, specific proposed flight operations. The FAA has p reviously 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.19 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). HighLik Aerials , L L C

, will not allow any PIC to operate the DJI Phantom 3 Professional UAS except petitioner and that PIC has demonstrated, by meeting minimum flight

- hour requir e ments or the DJI Phantom 3 Professional UAS training and currency requirements, that

the P I C is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with this exemption, including evasive and e m ergenc y maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures. Specifical l y, the P I 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 op erating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the P I C must accomplish 3 takeoffs and landings in the preceding 90 d a y s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safe t y during m y proposed operations. The Administrator has held that prior documented flight experience tha t 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 P I C must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the P I C 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 minimum hour requirements to be inclusive rathe r 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 an d landings in the preceding 90

da y s (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s p roposed 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 experienc e

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

- building flights the P I C is required to operate the UA with appropriate distances in accor d ance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. According l y , HighLik Aerials , L L C

, will ensure safe operations b y not allowing a n y P IC to operate the DJI Phantom 3 Professional UAS unless that P I C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the P I C is able to safe l y operate the DJI

Phantom 3 Professional UAS s in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distan c es from people, vessels, vehicles and

structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would20 Not Adversely Affect Safety.

The equivalent level of safe t y established b y Section 91.7(a) will be maintained because prior to ever y flight, HighLik Aerials , LLC, will ensure that the DJI Phantom 3 Professional

UASs a re in an airwort h y condition based upon the UAS’s compliance with its operating

documents and as stated in the conditions and limitations herein.

Additio nall y , the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances sim ilar, in all material respects, to those presented herein (e.g. Exemption
Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would

Not Adversely Affect Safety.

The equivalent level of safe t y established b y Section 91.121 will be maintained b e cause the altitude information of the DJI Phantom 3 Professional UA S s will be provided to the P I C

via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight p ath and altitude. This altitude information, combined with my operation of the DJI Phantom 3 Professional UA S s within visual line of sight, at or below 400 feet AGL, will ensure a level of safe t y equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point i s automatically established by the UASs at ground

level. The FAA has previously granted relief from Section 91.121 speci f ic to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.
11062, 11063, 11064, 1106 5, 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 3

Professional UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. According l y , HighLik Aerials , L L C

, will ensure that it will safely operate the battery powered DJI Phantom 3 Professional UAs during da y light hours in VFR conditions, wi t h enough battery power to fly for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to f l y after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established b y 14 C.F.R. Section 91.151(b). Furthermore,

safe t y wil l be ensured as the DJI Phantom 3 Professional UASs provide audible and visual warnings to the P I C 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. At the critically lo w batter y level, the D J I Phantom3 UASs w ill descend

and land automaticall y

.21 Significant l y, previous exemptions granted b y the FAA concerning Section 91.151

establish that safe t y is not adv e rse l y affected when the technical characteristics and operating

limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previous l y granted relief from Section 91.151 specific to UAS, in

circumsta nces 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. Reas ons 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, HighLik Aerials , L L C

, submit that the equivalent level of

safe t y with regard to the regulatory maintenance and alteration requirements established by

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met

because HighLik Aerials , LLC, will use trained technicians to perform maintenance,

alt erations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Operations Man u al, Monthly Maintenance Log, and DJI Phantom 3 Professional I nstruction Manual). Furthermore, I will

document and maintain all maintenance records for the DJI Phantom 3 Professional UASs.

Likewise, the exemption sought w ill not adverse l y affect safety because HighLik

Aerials

, LLC , will use m y experience to perform maintenance, alterations or prevent ive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safe t y established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI

Phantom 3 Professional UASs will be performed b y m e. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significant l y, previous exemptions granted b y the FAA concerning Sections 91.405(a),

91.407 (a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adverse l y affected when the t e chnical characteristics and operating limitations of the UAS are considered.

In consideration of m y proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional UASs

, I submit that s afe t y will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material res p ects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, HighLik Aerials , LLC, requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3

Professional UASs, which contain such safety standards that the Administrator finds necessary

to establish a level of safe t y equivalent to that established by 14 C.F.R. Pa r t 21, Subpart H, and22 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of con ducting 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 public, or otherwise pose a th reat
to national securit y ; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Professional UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safe t y standards, due to

the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safe t y standards for an aircr aft, ai r craft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special

conditions are issued in accordance with Par t 11 of this chapter and contain such safe t y standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to
establish a level of safe t y equivalent to that established in the regulations.

See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3

Professional UASs, which contain such safe t y standards that the Admi n istrator finds necessary

to est ablish a level of safe t y 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 I Seek Exemption:

HighLik Aerials , LLC, seeks exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & ( a

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

A Brief Description Of The Nature Of The Exemption I Seek:

This exemption will permit HighLik Aerials , LLC, to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over cer tain areas of the United States.

G

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

Aerials , LLC, 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 UAS23 ma y operate safe l y in the NAS. As such, HighLik Aerials , LLC’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Sectio n 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national securi t y ; and further, provides the authority for such UAS to operate with out airworthiness certi fication. As discussed in detail above, HighLik Aerials , LLC, will operate the DJI Phantom 3

Professional UASs safe l y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y

.

CONCLUSION

As set forth herein, HighLik Aerials

, LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Professional UASs commercial l y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photograp h y over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernizatio n and Reform Act of 2012, while also advancing the interests of the public, by allowing HighLik Aerials

, LLC , to safel y , efficientl y , and economically operate the DJI Phantom 3 Professional UASs commercially within

the NAS.

WHEREFOR E , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, HighLik Aerials , L L C, 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 HighLik Aerials , LLC, to operate the

DJI Phantom 3 UASs commercial l y for the purpose of conducting aerial video and photograp h y

ove r certain are as of the United States.

Dated: November 3 0 , 2015 Respectfully submitted,

HighLik Aerials , L L C Phillip Rex Sims JR

7880 La Mirada Drive Boca Raton, FL 33433 Cell: (561 ) 483

- 4443

Ian Daniel Apple

3916 Barcelona Avenue Jacksonville, FL 32207 Cell: (904) 885

- 9444

APPEND I CES: Appendix A

- DJ I Phantom 3 Professional Technical Specifications Appendix B

- Phantom 3 Professional Pr e

- Flight Inspection Check L ist Appendix C

- Monthl y Maintenance L o g24 APPENDI X A

DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS

HighLik Aerials

, L L C, on l y utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. D J I 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 rea l

- time altitude and location

information to the P I C via the linked monitor (smart phone/tablet devices )

.

Phantom 3 Professional

Purchased from Built Drones in Jacksonville, FL (DJ I authorized dealer) General Specs. Weight (Including Battery And Propellers) 1280 g Diagonal Size (Including Propellers)

590 mm Max Ascent Speed

5 m/s Max Descent Speed

3 m/s Hover Accuracy

Vertical: + /

- 10cm

Horizontal: + /

- 1m Max Speed 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS

Camera

Sensor Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞ ISO Range

100

- 3200 (video) 100

- 1600 (photo) Shutter Speed

8s

- 1/8000s Image Max Size

4000 x 3000 Still Photography Modes Single Shot

Bur st Shooting: 3/5/7 shots Auto Exposure Bracketing (AEB): 3/525 Bracketed Frames at 0.7EV Bias

Tim e

- lapse Video Recording Modes

Phantom 3 Professional UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 Supported SD Card Types

Micro SD Max capacity: 64 GB. Class 10 or UH S

- 1 rating required Max Bitrate Of Video Storage 60 Mbps Supported File Formats

FAT32/exFAT Photo: JPEG, DNG Video: MP4, MOV (MPE G

- 4 AVC/H.264) Operating Temperature

0°C to 40°C

Gimbal Controllable Range

Pitch

- 90° to +30°

Stabilization

3

- axis (pitch, roll, yaw) Vision Positioning Max Velocity Less than 8 m/s (when 2 m above ground) Altitude Range

30 c m

- 30 0 cm Operating Range

30 c m

- 30 0 cm Operating Environment

Surface with clear pattern and adequate lighting (Lux > 15)

Remote Controller Operating Frequency

2.400 GHz

- 2.483 GHz

Max Distance 2000m (outdoors and unobstructed) Video Output Port

USB Operating Temperatur e 1.126 APPENDX B

Phantom 3 Professional Pr e

- Flight Inspection Check List

Pr e

- Flight Check List

ο Visual inspection for defects

ο Batteries fully charged and checked

- Transmitter, UAS, iPad, iPhone, approved/compatible device

ο Props tightened and locked

ο SD card in camera

ο Len s ca p removed (As necessar y )

ο Antennae up and parallel

ο Transmitter turned on (press once, release, then press and hold for 3 seconds)

ο Ensure Transmitter is in P Mode

ο UAS turned on (press once, release, then pre ss and hold for 3 seconds)

ο Flick the transformation switch on transmitter up and down 4 times quickly to convert from travel mode to flight mode or use the app

ο DJ I Pilot app quit and restarted, no other running apps on iPad

ο Tap bar at top of app (Safe to F l y GPS) for full status

ο Maps are cached (move the map around, zoom in an out)

ο Minimum return height adjusted (check for tallest object and set according l y)

ο UAS placed in safe launch and recover position

ο Home point reprogrammed via app

ο Area clear of people / obstructions

Flight Check L ist

ο Hover close for 20 seconds. Look / L isten for defects

ο Confirm expected stick o peration

ο Monitor battery power

ο Monitor signal stren gth

ο Keep lin e

- o f

- sight with UAS

o Ensure area/zone of intended flight path is clear of other aerial traffic.

o Ensure area/zone of intended flight path is clear of any electrical/power lines

o Ensure atmospheric conditions are optimal for safe operati o n of UAV/UAS

Select a safe zone to “ditch” the UAV/UAS in the event an emergency landing is requiredAPPENDI X C

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