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

Regulatory DocketNo.

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### IN THEMATTEROFTHE PETITIONFOREXEMPTION OF: Travis Lee Berry FORAN EXEMPTION SEEKING RELIEFFROMTHE REQUIREMENTS OF TITLE 14 OFTHE CODE OFFEDERALREGULATIONS 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 OFDJI PHANTOM2 VISION+AND DJI INSPIRE 1UNMANNED AIRCRAFT SYSTEMS PURSUANTTO SECTION 333 OF THEFAA MODERNIZATION AND REFORMACT OF2012 (PUBLIC LAW 112-95)

Submitted on March 12,2015 Travis Lee Berry 830 Wall St New Bruanfels Tx 78130 602-697-9978TABLE OF CONTENTS Page GLOSSARY OF ABBREVIATIONS

...................................................................................3 SUMMARY

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

....................................................4 BACKGROUND

....................................................................................................................4 BASIS FORPETITION

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

.............................................................

### ? THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH TRAVIS LEE BERRY SEEKS EXEMPTION

.................................................................8 THEEXTENT OF RELIEF TRAVIS LEE BERRY SEEKS AND THE REASON TRAVIS LEE BERRY SEEKS THERELIEF

.........................11 THE REASONS WHY GRANTING TRAVIS LEE BERRY'S REQUEST WOULD BE IN THE PUBLIC INTEREST

.........................................................15 THEREASONS WHY GRANTING THEEXEMPTION WOULDNOT ADVERSELY AFFECT SAFETY

..........................................................................l9 SUMMARY THAT CAN BEPUBLISHED IN THEFEDERAL REGISTER.

.....34 ANY ADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORTTRAVIS LEE BERRY'S REQUEST

.........34 CONCLUSION

....................................................................................................................35 APPENDICES

........................................................................................37

2AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS NOTAM PIC Section 333 

## so SOP UA UAS VFR VLOS VMC VTOL GLOSSARY OF ABBREVIATIONS Above Ground Level Area ofInterest Air Traffic Control Air Traffic Organization Aerial Vehicle Code ofFederal Regulations Certificate ofAuthorization Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System Loss ofLink National Airspace System Notice to Airman PilotIn Command FAA Modernization and Reform Act of2012 (FMRA) Section 333 Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System Visual Flight Rules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing

3SUMMARY Travis Lee Berry 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)(l) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA). This exemption will permitTravis Lee Berry to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography ofconstruction sites, real estate, and landscape

over certain areas ofthe United States. 

### 8 INTRODUCTION AND INTERESTS OF THE PETITIONER Travis Lee Berry provides its clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectiveness. Travis Lee Berry has over 10 years ofprofessional experience in Information Technology and is recognized as an expert in network infrastructure and project management. He has over 10 years recreational/hobby experience in all aspects ofaerial video and photography. The objective ofTravis Lee Berry aerial video and photography operations is to provide high quality imaging for a variety ofcommercial, public, and residential uses, specifically targeting:

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Motion Picture Filming

• Aerial acquisitions used for inspections ofpublic and private structures.

• Search and Rescue operations

4BACKGROUND Unmanned Aircraft Systems: DJI Phantom 2 Vision+, DJI Inspire 1UASs Travis Lee Berry seeks an exemptionto operate DJI systemsfor compensation or hire within the NAS. The OJI Phantom 2 Vision+ and 011 Inspire 1are vertical takeoffand landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smartphone systems. The D11 Phantom 2 Vision+ has a maximum gross weightofapproximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of8 inches, and a maximum speed ofapproximately 29 knots. The OJI Inspire 1has a maximum gross weight of6pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The 011 Phantom 2 Vision+ and OJI Inspire 1 UAs are equipped with four main rotors; driven by Lithium Polymerbatterypowered electric motors. The DJI Phantom 2Vision+ and DJI Inspire 1UAs that will be operated by Travis Lee Berry will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft,

as well as 14 C.F.RPart 47,AircraftRegistration, and marked in accordance with 14 C.F.R. Part 45, Identification andRegistrationMarking. BASIS FORPETITION Petitioner, Travis Lee Berry, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, Special Rules for Certain UnmannedAircraftSystems, hereby petitions the Administratorto commercially operatethe OJI Phantom 2 Vision+, DJI Inspire 1UASs in the National Airspace System (NAS), and for an exemption from the

5requirements ofI4 C.F.R §§ 6l.II3(a) & (b), 91.7(a), 9l.I2I, 9l.I5I(b), 9I.405(a), 9I.407(a)(I), 9I.409(a)(I) & (a)(2), and 91.4I7(a) & (b). In consideration ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Travis Lee Berry operation ofDJI Phantom 2 Vision+ and DJI Inspire I UASs meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 2I, Subpart H. Accordingly, Travis Lee Berryrequests relieffrom Sections 91.405(a), 9I.407(a)(I), 91.409(a)(l) & (a)(2), and 91.4I7(a) & (b), as these sections set forth requirements for maintenance thatonly apply to aircraft with an airworthiness certificate. Travis Lee Berry submitsthat the requested reliefis proper since an equivalent level ofsafety will be ensured. Travis Lee Berry will use experienced personnel or technicians to perform maintenance, alterations, orpreventive maintenance onthe UASs usingthe methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire I Instruction Manual). Furthermore, Travis Lee Berry will documentand maintain all maintenance records for the DJI Phantom 2 Vision+ and DJI Inspire I UASs. Relieffrom certain requirements ofSection 61.1I3(a) and (b), entitledPrivatepilot privilegesandlimitations: Pilot in command, is requested byTravis Lee Berryto the extentnecessary to allowa Pilot in Command (PIC) holding a privatepilot orhigherlevel certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the OJI Phantom 2 Vision+ and Oil Inspire I UASs in a manner consistent with this

6exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Travis Lee Berry seeks relieffrom Section 91.7(a), entitled 

### Civilaircraft airworthiness, because the DJI Phantom 2 Vision+ and DJI Inspire 1UASs do not require

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Travis Lee Berry submits that he will ensure that the DJI Phantom 2 Vision+ 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 documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire I Instruction Manual), and that the aircraft are in a condition for safe flight. Travis Lee Berry also seeks an exemption from the requirements ofSection 91.121, entitled

### AltimeterSettings, as the DJI Phantom 2 Vision+ and DJI Inspire 1UAs will not have a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 2 Vision+ and DJI Inspire 1 UAs 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 ofthe flight path. This altitude information, combined with Travis Lee Berry'soperation ofthe DJI Phantom 2 Vision+ and DJI Inspire I UASs within visual line ofsight, at orbelow500 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. Additionally, Travis Lee Berry seeks an exemption from the requirements of Section 91.151(b), entitled 

### Fuel requirements/or flight in VFR conditions. Travis Lee Berry submits that safety will not be affected by operation ofthe DJI Phantom 2 Vision+ and 011 Inspire 1UAs during daylight hours in visual meteorological conditions (VMC)

7undervisual flight rules (VFR), with enough battery powerto fly for a total duration of approximately 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly afterthat for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Travis Lee Berryprovides the following information in support ofits petitionfor exemption: 

### A. Name And Address OfThe Petitioner. The name and address ofthe Petitioner and point ofcontact is: Travis Lee Berry 830 Wall St NewBraunfels Tx 78130 602-697-9978 Email:Jetking20@yahoo.com 

### B. The Specific Sections Of 14 C.F.R. FromWhich TravisLee Berry Seeks Exemption. 1. 

### Travis Lee Berry Seeks Exemption From TheRequirements OfSection 61.113(a) And (b). Section 61.113, entitled Privatepilotprivileges and limitations: Pilot in command, subsections (a) and (b) prescribethe following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) ofan aircraft that is carryingpassengers orproperty for compensation or hire; nor maythat person, for compensation orhire, act as PIC ofan aircraft. (b) A private pilot may, for compensation orhire, act as PIC ofan aircraft in connection with anybusiness or employment if- (1) The flight is only incidental to that business oremployment; and (2) The aircraft does not carrypassengers orproperty for compensation or hire.

2. 

### Travis Lee Berry Seeks Exemption From The Requirements OfSection 91.7(a).

8Section 91.7, entitled Civilaircraftairworthiness, subsection (a), states the following: (a) Noperson may operate a civil aircraft unless it is in an airworthy condition. 

### 3. Travis Lee Berry Seeks Exemption FromTheRequirements OfSection 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 ofthat aircraft, as the case may be, by reference to an altimeterthat is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The current reported altimeter setting ofa station along the route and within 1 00 nautical miles ofthe aircraft; (ii) Ifthere is no station within the area prescribed in paragraph (a)(l)(i) of this section, the currentreported altimeter setting ofan appropriate available station; or (iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. 

### 4. Travis Lee Berry Seeks Exemption FromTheRequirements OfSection 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: (b) Noperson maybeginaflight in a rotorcraft under VFR conditions unless (considering windand forecast weather conditions) there is enoughfuel tofly to thefirstpointof intendedlandingand, assumingnormalcruisingspeed, to flyafterthat for at least 20minutes. 

### 5. Travis Lee Berry Seeks Exemption FromTheRequirementOfSection 91.405(a).

9Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter[.] 6. Travis Lee Berry Seeks Exemption From TheRequirements OfSection 91.407(a)(l) Section 91.407, entitled Operation aftermaintenance,preventive maintenance, rebuilding, oralteration, subsection (a)(l), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless-- (1) It has been approved for return to serviceby a person authorized under 

### § 43.7ofthis chapter[.] 7. TravisLeeBerrySeeks Exemption From TheRequirements OfSections 91.409(a)(l) And 91.409(a)(2). Section 91.409, entitled Inspections, subsection (a), states the following: (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendarmonths, ithas had-- (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for return to service by a person authorized by §43.7ofthis chapter; or (2) An inspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter. 8. TravisLee Berry SeeksExemption FromTheRequirements OfSections 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 owneroroperator shall keep the following records for the periods specified in paragraph (b) ofthis section:



### 10(1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 1 00-hour, annual, progressive, and otherrequired orapproved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include-- (i) A description (orreference to data acceptable to the Administrator) of the work performed; and (ii) The date ofcompletion ofthe work performed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containingthe following information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor. (ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed onthe aircraft which are required to be overhauled ona specifiedtime basis. (iv) The current inspection status ofthe 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 ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safetydirective number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapterfor 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)(l) ofthis section shall be retained until the work is repeated or superseded by other work or for 1year afterthe work is performed.

11(2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owneroroperatorunder§ 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 OfReliefTravis Lee Berry Seeks And TheReason Travis Lee Berry Seeks The Relief. 1. ExtentOfReliefTravis Lee Berry Seeks And The Reason Travis Lee Berry Seeks ReliefFrom Section 61.113(a) And (b). Relieffrom Section 61.113(a) and (b) entitled

### Privatepilotprivilegesand limitations: Pilot in command, is requested to the extentnecessary to allow a PIC holding a private pilot orhigher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conductthe proposed UAS flight operations for compensation orhire. This reliefis requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation orhire, act as PIC ofan aircraft in connection with any business oremployment if: (1) The flight is only incidental to that business oremployment; and (2) The aircraft does not carry passengers orproperty for compensation or hire. As set forth more fully below, Travis Lee Berry submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+ UAS or DJI Inspire I UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate eitherthe DJI Phantom 2 Vision+ orDJI Inspire I 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.



### 12Further, Travis Lee Berry submits that all flights ofthe 011 Phantom 2 Vision+ and 011 Inspire 1UASs, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to Travis Lee Berry'sbusiness; and (2) will not carrypassengers orproperty for compensation orhire. 2. ExtentOfReliefTravis LeeBerry Seeks And The Reason Travis LeeBerry Seeks ReliefFrom Section 91.7(a). Relieffrom Section 91.7(a) entitled 

### Civil aircraft airworthiness, is requested to the extent required to allow Travis Lee Berry to determine that the 011 Phantom 2 Vision+ and OJI Inspire 1UASs are in airworthy conditionpriorto every flight by ensuringthat the UAS is in compliance with the operating documents (i.e., the Travis Lee Berry Aerial Operations Manual, Monthly Maintenance Log, and D11 Phantom 2 Vision+ and D11 Inspire 1Instruction Manual). Travis Lee Berry seeks the requested reliefbecause the OJI Phantom 2 Vision+ and 011 Inspire 1UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Travis Lee Berry will ensure that the OJI Phantom 2 Vision+ and OJI Inspire 1UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and OJI Phantom 2 Vision+ and OJI Inspire 1Instruction Manual) priorto every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. 3. ExtentOfReliefTravis Lee Berry Seeks AndThe Reason Travis Lee Berry Seeks ReliefFrom Section 91.121. Relieffrom Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe OJI Phantom 2 Vision+ and DJllnspire 1UASs, 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

13(GCS). Sincethe FAA requires that any altitude information concerning UAS operations be reported to airtraffic control (ATC) in feet above ground level (AGL), Travis Lee Berry seeks the requested reliefbecause the 011 Phantom 2 Vision+ and 011 Inspire 1UA's altimeter may be set on the ground to zero feet AGL, ratherthan the local barometric pressure orfield altitude, before each flight. Consideringthe limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level ofsafety will be maintained since the OJI Phantom 2 Vision+ and D11 Inspire 1UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensuresthat a ground level pressure setting will be established priorto each flight, and provides the PIC with altitude information ofthe UA on the heads-up display ofthe GCS. 

### 4. Extent OfReliefTravis Lee Berry Seeks And TheReason Travis Lee Berry Seeks ReliefFrom Section 91.151(b). Relieffrom Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights ofthe battery powered OJI Phantom 2 Vision+ and 011 Inspire 1UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Travis Lee Berry seeks the requested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI Phantom 2 Vision+ and D11 Inspire 1UAs will severely constrain the practicality ofany aerial video or still photo flight operationsthat Travis Lee Berry proposes to conduct pursuantto this Petition.



### 14Significantly, as set forth below, the technical specifications ofthe DJI Phantom 2 Vision+ and DJI Inspire 1UASs, the DJI Phantom 2 Vision+ and DJI Inspire 1operating documents, and Travis Lee Berry'sproposed operating limitations, ensure that Travis Lee Berrywill safely operate the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough batterypowerto fly for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. 

### 5. Extent OfReliefTravis Lee Berry Seeks And TheReason Travis Lee Berry Seeks ReliefFrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b). Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Travis Lee Berry requests relief from these Sectionsbecausethe DJI Phantom 2 Vision+ and DJI Inspire 1UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+ and DJI Inspire 1UASs meet the conditions ofFMRA Section 333 for operation without an airworthiness certificate. Accordingly, Travis Lee Berry will use trained technicians to perform maintenance, alterations, orpreventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Travis Lee Berry Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1Instruction Manual). Furthermore, Travis Lee Berry will document and maintain all maintenance records for the DJI Phantom 2 Vision+ and DJI Inspire 1UASs. 

### D. TheReasons Why GrantingTravisLee Berry RequestWould Be InThePublic Interest; ThatIs, How It

### Would BenefitThe Public As A Whole.



### 15Granting the present Petition will further the public interest by allowing Travis Lee Berry to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape overcertain areas ofthe United States. Additionally, use ofthe DJI Phantom 2 Vision+ and DJI Inspire 1UASs will decrease congestion ofthe NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits ofTravis Lee Berry'sproposed operation ofthe DJI Phantom 2 Vision+ and DJI Inspire 1UASs will be realized without implicating any privacy issues. 1. 

### The Public Will BenefitFrom Decreased Congestion OfTheNAS. The DJI Phantom 2 Vision+ and DJI Inspire 1UAs 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 ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofa DJI Phantom 2 Vision+ orDJI Inspire 1UAS would reduce the amount ofmanned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety oflife and property in the air and on the ground. Furthermore, by reducing the number ofmanned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 Vision+ and DJI Inspire I UAs do not require an airport to takeofforland. Likewise, a reduction ofmanned 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 offlight operations. 

### 2. The PublicWill BenefitFrom TheSafety And Efficiency OfTheDJI Phantom 2 Vision+ and DJI Inspire 1UASs.



### 16Conducting aerial acquisitions with the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, instead ofmanned aircraft, will greatly benefitthe public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 2 Vision+ and DJI Inspire 1UASs produce 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 gallons perhour ofleaded aviation fuel. The DJI Phantom 2 Vision+ and DJI Inspire 1UAs, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAs are propelled by batterypowered electric motors, ratherthan an internal combustion engine. By using the DJI Phantom 2 Vision+ and DJI Inspire 1UASs to perform aerial acquisitions, the substantial riskto life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced orcompletely eliminated. Aside from the lack offlight crewmembers located onboard the aircraft, the DJI Phantom 2 Vision+ and DJI Inspire 1UAs (weighing approximately 2 pounds 11 ounces and 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 ofapproximately 42 feet, a length of34 feet, and a fuel capacity of 180 gallons).



### 17**.~·** 

### 3. PerformingAerial Videoand Photography OperationsWithTheDJI Phantom 2Vision+ and DJI Inspire 1UASs Will BenefitTheEconomy. In addition to being safe and efficient, the DJI Phantom 2 Vision+ and DJI Inspire 1UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation ofthe DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will allow United States based companies, like Travis Lee Berry, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost ofaviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operatingthe battery powered DJI Phantom 2 Vision+ and DJI Inspire 1UASs is one such technology that not only allows companies greateroperational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost ofa traditional manned aircraft. By operatingthe DJI Phantom 2 Vision+ and DJI Inspire 1UASs, companies such

as Travis Lee Berry, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe DJI Phantom 2 Vision+ and DJI Inspire 1UASs, provides a stable workforce that increases consumer spending; improves local, state, and**f~deral** tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. 

### 4. ThereAre No PrivacyIssues. Similarto the manned aerial acquisition flight operations that have been conducted for decades, Travis Lee Berry'sproposed operation ofthe DJI Phantom 2Vision+ and OJI

18/ Inspire 1UASs will not implicate any privacy issues. Specifically, the 011 Phantom 2 Vision+ and DJI Inspire 1UASs will be operated only in compliance with operating documents (i.e., the Travis Lee Berry Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. 

### §91.119. 

### E. The Reasons Why GrantingThe Exemption Would Not Adversely Affect Safety, OrHow The Exemption Would ProvideA Level OfSafety AtLeastEqualTo That Provided By The RuleFrom Which TravisLee Berry Seeks Exemption. 1. 

### Reasons WhyThe DJI Phantom 2 Vision+ and DJI Inspire 1 VAs MeetThe Conditions OfThe FAA Modernization and Reform Act of2012 (FMRA) Section 333. In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Travis Lee Berry'soperation ofthe DJI Phantom 2 Vision+ and DJI Inspire 1UASs meet the conditions ofFMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users ofthe NAS orthe public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: 

### (a) In General.--Notwithstandinganyotherrequirement of this subtitle, andnot later than 180days after the date of enactment ofthisAct, the Secretary of Transportation shalldetermine 

### if certain unmannedaircraft systems may operatesafely in the nationalairspace system before completion of theplan andrulemakingrequiredbysection 332 of thisActor the guidance requiredby section 334 ofthisAct.

19v (b) Assessment ofUnmannedAircraftSystems.--ln makingthe determination under subsection (a), the Secretaryshalldetermine, at a minimum-- (I) which types of unmannedaircraft systems, 

### if any, asa result of their size, weight, speed, operational capability,proximityto airports and populatedareas, andoperation within visual line of sight do not create a hazardto users of the nationalairspace system or thepublic orpose a threat to nationalsecurity; and (2) whethera certificate of waiver, certificate of authorization, or airworthiness certification undersection 44704 of title 49, UnitedStates Code, is required for the operation of unmannedaircraft systems identifiedunderparagraph(!). (c) Requirements for Safe Operation.--Jfthe Secretarydetermines under this section that certain unmannedaircraft systems mayoperate safely in the nationalairspace system, the Secretaryshallestablish requirements for the safe operation of such aircraftsystems in the nationalairspace system. In seekingthis exemption, Travis Lee Berry submits that the DJI Phantom 2 Vision+ and DJI Inspire I UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe D11 Phantom 2 Vision+ and 011 Inspire I UASs; (b) the pilot certificationrequirement; and (c) the specific operating limitations.

a. The Specifications OfThe DJI Phantom 2 Vision+ and DJI Inspire 1 UASs DemonstrateIts Safe Characteristics. The DJI Phantom 2 Vision+ and DJI Inspire 1UASs do not create a hazard to users ofthe NAS orthe public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. i. Technical Specifications OfTheDJI Phantom 2 Vision+ and DJI

Inspire 1 UASs. The technical specifications ofthe 011 Phantom 2 Vision+ and DJI Inspire I UASs

are set forth by the DJI Phantom 2 Vision+ and DJI Inspire I Specifications and Data Sheet, attached hereto· as Exhibit A and B.

20

### ii. The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Autonomous FlightAnd Navigation Modes EnableThe UASs To Remain Within A Defined OperationalArea. The DJI Phantom 2 Vision+ and DJI Inspire I UASs may be operated in both manual and fully autonomous flight modes. A completedescription ofthe flight and navigational modes ofthe DJI Phantom 2 Vision+ and DJI Inspire I UASs is provided at pages 25-35 ofthe DJI Phantom 2 Vision+ and pages I2-16 and 45-50 ofthe DJI Inspire 1 User Manuals, attached hereto as Exhibit C and D. 

### iii. TheDJI Phantom 2 Vision+ and DJI Inspire 1 UASs AreDesigned ForAutomatic Return To Home Point OrHoverIn TheEventOf Loss OfThe ControlLinkOrNavigation. When the Control Link is lost, the DJI Phantom 2 Vision+ and DJI Inspire 1UAs will remain stationary, in flight, for 3 seconds ormore. If, after 3 seconds, the DJI Phantom 2 Vision+ and DJI Inspire I UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoffposition and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 2 Vision+ UAS are set forth at pages 27 through 29 and for the DJI Inspire I at pages I3 through I5 ofthe DJI Phantom 2 Vision+ and DJI Inspire I User Manuals, attached hereto as Exhibit C and D. 

### iv. TheDJI Phantom 2 Vision+ and DJI Inspire 1 GCS And Its Operation. A complete description oftheoperation and specifications ofthe DJI Phantom 2 Vision+ and DJI Inspire I GCS and flight control software is provided at pages 32 through 43 ofthe DJI Phantom 2 Vision+ User Manual and pages40 through 47 ofthe DJI Inspire



### 211User Manual. OJI Phantom 2 Vision+ and DJI Inspire 1User Manuals are attached hereto as Exhibits C and D. 

### b. FlightOperations OfDJI Phantom 2 Vision+ and DJI Inspire 1UASs AreLimited To TheLine OfSightOfA Certificated Pilot in Command With A Safety Observer. Travis Lee Berry will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) ofthe DJI Phantom 2 Vision+ and OJI Inspire 1UASs. Additionally, a safety observer will assist all pilots during flight time.



### c. Flights OfDJI Phantom 2 Vision+ and DJI Inspire 1UASs Will Be Conducted PursuantTo Specific OperatingLimitations. In seekingthis exemption, Travis Lee Berry proposes to commercially operate DJI Phantom 2 Vision+ and DJI Inspire 1UASs for the special purpose ofconducting aerial video and photography overcertain areas ofUnited States, pursuantto the following specific operating limitations: 1. Operations authorized by this grant ofexemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision+ and DJI Inspire 1Unmanned Aircraft Systems. Proposed operations ofany other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose ofaerial 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 ofno more than 500 feet above ground level (AGL), as indicated by the 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 ofsight (VLOS) ofthe PIC at all times. This requires 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.



### 226. The use offirst 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 communicateverbally at all times. Electronic messaging ortexting is not permitted during flight operations. The PIC must be designated before the flight and cannottransfer his or herdesignation for the duration oftheflight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any otherduties beyond assisting the PIC with seeing and avoiding other airtraffic and otherground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant ofexemption mustbe accessible during UAS operations and made available to the Administratorupon request. Ifa discrepancy exists between the conditions and limitations contained in the grant ofexemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant ofexemption take precedence and must be followed. Otherwise, the operatormust follow the procedures as outlined in its operating documents. The operatormay update orrevise its operating documents. Itis the operator'sresponsibility to track such revisions and present updated and revised documents to the Administratorupon request. The operatormust also present updated and revised documents ifit petitions for extension or amendment to the grant ofexemption. Ifthe operatordetermines that any update orrevision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA'sUAS Integration Office (AFS-80) may be contacted if questions arise regarding updates orrevisions 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. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance oralterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, orequipment, not already covered in the relevant sections ofthe operating documents.

2313. The operatormust follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operatormust carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections. 17. The PIC mustpossess at least a private pilot certificate and at least a current third- class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with howthe 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 oftraining the operator's PICs are permitted underthe terms ofthe exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. 

### § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Ifflight at night is required, a special request will be made at the FAA office closest to proposed area ofoperations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's COA. The letterofagreement with the airport management must be made available to the Administratorupon request.

2421. The UA may not be operated less than 500 feet beloworless than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 22. Ifthe UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land orbe recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weatherconditions) there is enough powerto fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operatormust obtain an Air Traffic Organization (ATO) issued Certificate ofWaiver orAuthorization (COA) prior to conducting any operations underthe grant ofexemption. This COA will also require the operatorto 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 ofairspace, 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 and control ofthe UA must comply with the Federal Communications Commission (FCC) orother appropriate government oversight agency requirements. 28. The documentsrequired fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA mustremain clear and yield the right ofway to all manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device orvehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons otherthan the PIC, SO, operatortrainees oressential persons), vessels, vehicles, and structures unless:



### 25a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/ordebris in the event ofan accident. The operatormust ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipatingpersons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessmentofthe risk of operating closerto those objects and determined that it does not present an undue hazard, and;

c. Operations nearerto the PIC, SO, operatortrainees or essential persons do not present an undue hazard to those persons per§ 91.119(a). 32. All operations shall be conducted 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, orflight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents mustbe reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 2. Reasons Why An Exemption From TheRequirements OfSection 61.113(a) And (b) Would NotAdversely Affect Safety. Travis Lee Berry submitsthat the equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operatethe DJI Phantom 2 Vision+ and DJI Inspire 1UASs unless that PIC has demonstrated, by meeting minimum flight-hour and currencyrequirements, that the PIC is able to safely operatethe DJI Phantom 2 Vision+ orDJI Inspire 1UAS in a manner consistent with the exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Travis Lee Berry'sproposed area ofoperations, and the operating limitations set forth-above; the parallel nature ofprivate pilot aeronautical knowledge

26requirements to those ofcommercial pilotrequirements (See Exemption No. 11062); and the airmanship skills necessary to safely operatethe OJI Phantom 2 Vision+ orDJI Inspire 1UAS, Travis Lee Berry submitsthat the additional manned airmanship experience ofa commercially certificated pilot would not correlate to the airmanship skills necessary for Travis Lee Berry's specific proposed flight operations. The FAA has previously granted relieffrom Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,11138,11150,11153,11156,11158,11159,11160, 11161). Travis Lee Berry will not allow any PIC to operate the DJI Phantom 2 Vision+ or OJI Inspire 1UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements orthe DJI Phantom 2 Vision+ or DJI Inspire 1UAS training and currency requirements, that the PIC is.able to safely operate the DJI Phantom 2 Vision+ orOJI Inspire 1UAS in a**m~er** consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a mannerconsistent with 14 C.F.R. § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours ofthose hours as a UAS pilot operating the same make and model of UAS to be used foroperations underthe exemption). In addition to the hour requirements, the PIC must accomplish 3takeoffs and landings in the preceding 90 days (for currency purposes).



### 27As in Exemption Nos. II062, 11138, and 11153, priordocumented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level ofsafety during Travis Lee Berry'sproposed operations. The Administratorhas held that priordocumented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In ExemptionNo. II062, the FAA required that priorto conducting operations for the purpose ofmotion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least I0 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 of5 hours as a UAS pilot operatingthe same make and model ofUAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hourrequirements to be inclusive ratherthan additive; i.e. 5 hours make and model time may be included in the 10 hours ofmulti-rotortime and the 10 hours may be included in the total 25 hours ofUAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in ExemptionNo. 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 priordocumented flight experience that was obtained in compliance with applicable regulations would satisfythis requirement. Training, proficiency, and experience-building flights can also be conducted underthe grant ofexemption to accomplish the required flight time. During training, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Travis Lee Berry will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision+ or

### 011 Inspire 1UAS 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 Vision+ orOJI Inspire 1UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

28

### 3. Reasons Why An Exemption From TheRequirements OfSection 91.7(a) Would Not Adversely Affect Safety. The equivalent level ofsafety established by Section 91.7(a) will be maintained because priorto every flight, Travis Lee Berry will ensure that the DJI Phantom 2 Vision+

or DJI Inspire 1UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relieffrom Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

### 4. Reasons Why An Exemption FromTheRequirements OfSection 91.121 Would Not Adversely Affect Safety. The equivalent level ofsafety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 2 Vision+ and DJI Inspire I UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with Travis Lee Berry's operation ofthe DJI Phantom 2 Vision+ and DJI Inspire 1UAs within visual line ofsight, at orbelow 500 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a

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

295. Reasons Why An Exemption From TheRequirements OfSection 91.151(b) Would Not Adversely Affect Safety. A grant ofthis exemption would ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b) as a result of(1) the technical specifications ofthe 011 Phantom 2 Vision+ and DJI Inspire I UASs; (2) the limitations on the proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, Travis Lee Berry will ensure that it will safely operate the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1UAs during daylight hours in VFR conditions, with enough battery powerto fly for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly afterthat for at least 4.5 minutes. Here, as in ExemptionNo. 11109, the technical specifications ofthe DJI Phantom 2 Vision+ and DJI Inspire 1UASs; the limitations on the proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision+ and DJI Inspire 1UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33%remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom Vision+ and DJI Inspire 1UASs will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. Reliefhas been granted for manned aircraft to operate at Jess than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief

30from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

### 6. Reasons WhyAn Exemption FromTheRequirements OfSections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b) Would Not Adversely Affect Safety. In seekingthis exemption, Travis Lee Berry submitsthatthe equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Travis Lee Berry will use trained technicians to perform maintenance, alterations,

orpreventive maintenance on the UASs usingthe methods, techniques, and practices prescribed in the operating documents (i.e., the Travis Lee Berry Aerial Operations Manual, Monthly Maintenance Log, and OJI Phantom 2 Vision+ and OJI Inspire I Instruction Manual). Furthermore, Travis Lee Berry will document and maintain all maintenance records for the 

### 011 Phantom 2 Vision+ and OJI Inspire 1UASs. Since the OJI Phantom 2 Vision+ and DJI Inspire 1UASs will be inspected as prescribed by the operating documents, Travis Lee Berry will maintain the equivalent level ofsafety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy ofthe DJI Phantom 2 Vision+ and OJI Inspire I User Manuals are attached hereto as Exhibit C and 

### 0; a copy ofthe 

### 011 Phantom 2 Vision+ and OJI Inspire I UAS Maintenance LOG is attached hereto as Exhibit E. Likewise, the exemption sought will not adversely affect safety because Travis Lee Berry will use trained technicians to perform maintenance, alterations orpreventive



### 31maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 2 Vision+ and DJI Inspire 1UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAAconcerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establishthat safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. In consideration ofTravis Lee Berry'sproposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, Travis Lee Berry submitsthat safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(l) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted reliefspecific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,11156,11157,11158,11159,11160, 11161). 

### 7. The FAA May PrescribeAny OtherConditions ForSafe Operation. In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. 

### § 21.16 entitled Special Conditions, Travis Lee Berry requests that the FAA prescribe special conditions for the intended operation ofthe DJI Phantom 2 Vision+ and DJI Inspire I UASs, which contain such safety standards that the



### 32Administrator finds necessary to establish a level ofsafety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe UAs for the limited purpose of conducting aerial video and photography over certain areas ofthe United States for compensation orhire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS orthe public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation ofthe UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuantto 14 C.F.R. § 21.16, for operation ofthe DJI Phantom 2 Vision+ and DJI Inspire 1UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate orappropriate safety standards, due to the novel orunusual design features ofthe aircraft. Section 21.16, entitled Special Conditions, states the following: Ifthe FAA finds that the airworthiness regulations ofthis subchapter do not contain adequate orappropriate safety standards for an aircraft, aircraft engine, orpropeller because ofa novel orunusual design feature ofthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part II ofthis chapter and contain such safety standards for the aircraft, aircraft engine orpropeller as the FAA finds necessary to establish a level ofsafety 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 ofthe DJI Phantom 2 Vision+ and DJI Inspire I UASs, which contain such safety standards that the



### 33Administratorfinds necessary to establish a level ofsafety 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 SummaryThatCan Be Published In TheFederal Register, stating: TheRules From Which Travis Lee Berry Seeks Exemption: Travis Lee Berryseeks 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)(l), 91.409(a)(J) & (a)(2), and91.417(a) & (b). 

### A BriefDescription OfTheNature OfTheExemption Travis Lee Berry Seeks: This exemption willpermit Travis Lee Berryto commerciallyoperate an UnmannedAircraftSystem (VAS)for thepurpose of conductingaerial video and photographyover certain areas of the UnitedStates. 

### G. Any Additional Information,Views, OrArgumentsAvailable To SupportTravis Lee Berry's Request. This Petition is made pursuantto the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. As such, Travis Lee Berry'srequest for exemption may be granted pursuantto the authority ofFMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS orthe public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Travis Lee Berry will operate the DJI Phantom 2 Vision+ and DJI Inspire 1UASs safely in the NAS, without creating a hazard to users of the NAS, orthe public, orotherwise pose a threat to national security.

34CONCLUSION As set forth herein, Travis Lee Berry seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI Phantom 2 Vision+ and DJI Inspire 1UASs commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography overcertain areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthepublic, by allowing Travis Lee Berry to safely, efficiently, and economically operate the DJI Phantom 2 Vision+ and DJI Inspire 1UASs commercially within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, Travis Lee Berryrespectfully requests thatthe 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 Vision+ and DJI Inspire 1UASs commercially for the purpose ofconducting aerial video and photography overcertain areas ofthe United States. Dated: March 6, 2015



### 35 Respectfully submitted, Travis Lee BerryAppendices: Travis Lee Berry 830 Wall St New Braunfels Tx 78130 602-697-9978

A- DJI Phantom 2 Vision+ Specifications Data Sheet B

- DJI Inspire 1 Specifications Data Sheet C- DJI Phantom 2 Vision+ Manufacturer's User Manual D- DJI Inspire I Manufacturer's UserManual E- Monthly Maintenance Log

36APPENDIX-A 

### DJI PHANTOM2 VISION+TECHNICAL SPECIFICATIONS Travis Lee Berry only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enablingthe userto set parameters which will not allowflight 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) 1.1 DJI Phantom 2 Vision+ 1.1.1 Aircraft 1.1.1.1 Supported Battery

- DJI 5200mAH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)- 2lbs I I.81Ooz (I242g) 1.1.1.3 HoverAccuracy (Readyto Fly)- Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max YawAngular Velocity

- 2000/s 1.1.1.5 Max Tilt Angel

- 350 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° 1.1.2.3 Controllable Range- Pitch: -90o

- oo 1.1.2.4 Maximum Angular Speed- Pitch: 900/s 1.1.3 Camera 1.1.3.1 OperatingTemperature Range- 320F- I040F (OOC- 400C) I.I.3.2 Sensor Size- 1/2.3" 1.1.3.3 Effective Pixels- 14M 1.1.3.4 Resolution- 4384x3288 4.1.3.5 HD Video Recording- I080p30 & 720p 4.1.3.6 Recording Field ofView- 1100/850 1.1.4 Transmitter 1.1.4.1 Operating Frequency- 5.728GHz- 5.85GHz 1.1.4.2 CommunicationDistance (unobstructed)- FCC Compliance: 800m 1.1.4.3 Receiver Sensitivity (1%PER)

- -93dBm 1.1.4.4 Transmitter Power- FCC Compliance: 1OOmW 1.1.4.5 Working Voltage -120mA@3.7V 1.1.5 Range Extender 1.1.5.1 Operating Frequency- 2412-2462MHz

37

### 1.1.5.2 Communication Distance (unobstructed)- 500-700m 1.1.5.3 TransmitterPower- 20dBm 1.1.5.4 Power Consumption- 2W

38APPENDIX-B 

### DJI INSPIRE 1TECHNICAL SPECIFICATIONS Travis Lee Berry only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enablingthe userto set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higherthan a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC viathe linked monitor (smart phone/tablet devices) 2.2 DJIInspire 1 2.2.1 Aircraft 2.2.1.1 Model- T600 2.2.1.2 Weight (Battery Included)- 61bs 7.5291oz (2935g) 2.2.1.3 HoveringAccuracy (GPS Mode)- Vertical: 0.5m; Horizontal: 2.5m 2.2.1.4 MaxAngular Velocity- Pitch: 300°/s; Yaw: 150°/s 2.2.1.5 MaxTilt Angle- 35° 2.2.1.6 MaxAscent Speed- 5m/s 2.2.1.7 Max Descent Speed- 4m/s 2.2.1.8 Max Speed- 22m/s (ATil mode, no wind- NOT RECOMMENDED) 2.2.1.9 Max Flight Altitude- 4500m 2.2.1.10 MaxWind Resistance- 10m/s 2.2.1.11 Max Flight Time- Approximately 18 minutes 2.2.1.12 Motor Model- DJI 3510 2.2.1.13 Propeller Model- DJI1345 2.2.1.14 OperatingTemperature Range -14°Fto 104°F (-10°C to 40°C) 2.2.1.15 Dimensions- 17 X" x 17 %" x 12" 2.2.2 Gimbal 2.2.2.1 Model- ZENMUSE X3 2.2.2.2 Output Power (with camera)- Static: 9W; In Motion: llW 2.2.2.3 Operating Current- Static: 750mA; In Motion: 900mA 2.2.2.4 Angular Vibration Range- ±0.03° 2.2.2.5 Mounting- Detachable 2.2.2.6 Controllable Range-: Pitch: -90°to +30°; Pan: ±320° 2.2.2.7 Mechanical Range- Pitch: -125°to 45°; Pan: ±330° 2.2.2.8 Max Controllable Speed- Pitch: 120°/s; Pan: 180°/s 2.2.3 Camera 2.2.3.1 Name- X3 2.2.3.2 Model- FC350 2.2.3.3 Total Pixels -12.76M

392.2.3.4 Effective Pixels -12.4M 2.2.3.5 Image Max Size- 4000x3000 2.2.3.6 ISO Range- 100-3200 2.2.3.7 Field ofView- 94° 2.2.3.8 CMOS- Sony EXMOR 1/2.3" 2.2.3.9 HD Video Recording- UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30;FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60 2.2.3.10 OperatingTemperature Range- 32°F- 104°F (0°C- 40°C) 2.2.4 Transmitter 2.2.4.1 Name- C1 2.2.4.2 Operating Frequency- 5.728-5.850GHz; 2.400-2.483GHz 2.2.4.3 Communicating Distance (unobstructed)- 2000m 2.2.4.4 Output Power- 9W 2.2.4.5 OperatingTemperature Range- 14°F to 104°F (-10°C to 40°C) 2.2.4.6 Battery- 600mAh LiPo 2S

40

### APPENDIX-C DJI Phantom 2 Vision+ Manufacturer's User Manual



### 41APPENDIX-0 DJI Inspire I Manufacturer's User Manual

42

### APPENDIX-E

MONTHLY$\IIAINTENANCE$-OG month: (year:**UAS$1:~** Oate(lssue( OateQssue( lssue(Description{&(Maintenance(Conducted Maintenance(Performed(By:((( Discovered AddresSed Print(&(Sign Software(Updates Airframe( Engines Propellers camera(Gimbal Landing(Gear Vibration(Oampening

Other:

43