December 6 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a) & (b); 91.105; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) & (b).

Name and Address of the Petitioner and point of contact:

Texoma Aerial Solutions, LLC John Paul Wesley 202 Oa k Ln Durant, OK 74701 C: 580

- 380

- 9184 E: jpwesley@juno.com

To whom it may concern,

In pursuant with Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Texoma Aerial Solutions, LLC, an operator of a small Unmanned Aircraft S ystem (UAS) for photography, videography, inspection, and education, seeks an exemption from the Federal Aviation Regulations (FARs) to allow commercial operation of the DJI Phantom 3 Professional in the Nation Airspace System (NAS).

Texoma Aerial Solution , LLC's requested exemption would permit the operation of a UASs under controlled conditions in project airspace that is: (i) limited, (ii) predetermined, (iii) subject to controlled access through our constituents, and (iv) provides greater safety in conn ection with aircraft operations. Texoma Aerial Solutions, LLC believes that an exemption would enhance safety and fulfill the Secretary of Transportation (the FAA Administrator) responsibilities to establish safe operations of UASs.

Texoma Aerial Solution s, LLC proposes to use one UAS; 1) DJI PHANTOM 3 Professional, for commercial photography, videography, inspections, and education. This aircraft has four rotors and four motors in a quadcopter configuration (X4). It is only capable of vertical takeoff and landing. This UAS weighs less than 55 lbs. including payload. It can fly, under normal conditions, at a speed of no more than 30 knots and has the capability to hover, and move in the vertical and horizontal plane simultaneously. This UASis equipped with GPS and auto

- return function to the predetermined safe landing area as well as

allowing reading of magnetic interference that can cause loss off GPS signal. The UAS will operate only in line of sight and will operate only within a sterile closed

- set area of a residential or commercial listing, open desolate areas near rural farms or a closed

- set special event. Such operations will insure that the UAS will not create a hazard to users of the national airspace system or the public. (Reform Act Section 333 (b )).

Given the small size of the UAS involved and the restricted sterile environment within which they will operate, we believe, the Texoma Aerial Solutions, LLC falls within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant UAS will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for aerial inspections, education, photography and videography, the grant of the requested exemptions is in the public interest. Accordingly, Texoma Aeri al Solutions, LLC respectfully requests that the FAA grant the requested exemption without delay.



## AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Texoma Aerial Solutions, LLC proposes that the exemption requested herein apply to civil aircraft that have the charac teristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhan cement to the already safe aerial inspections, education, photography and videography operations conducted with conventional aircraft. These limitations and conditions to which Texoma Aerial Solutions, LLC agrees to be bound when conducting commercial oper ations under an FAA issued exemption include:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes or less. Fligh ts will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform for which filming is planned.

5. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and/ or Camera Operator.

6. Additional camera will be filming UAS in flight at applicable times.7. The UAS will only operate within a confined sterile closed

- set area with a set safety perimeter, the

boundaries of which will be determined by the UAS PIC based on the site

- specific activities and speed of the UAS required for the operation, and coordinated with the jurisdictional FAA FSDO and local government officials as applicable.

8. A briefing will be conducted in regards to the planned UAS operations prior to each day’s production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

9. The UAS Pilot and/or Aerial Coordinator will ensure this safety perimeter that only consenting personnel will be allowed within 100 feet of the UAS operation by not permitting anyone who had not been briefed or whom is not involved in production to be in the closed

- set area, and 500 ft away from people not directly involved in operations.

10. Observer and PIC will at all times be able to communicate by voice and/or two way radio communication system.

11. Written and/or oral permiss ion from the relevant property holders will be obtained.

12. If applicable, all required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcements, fire, or other appropriate governmen tal agencies.

13. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a predetermined location within the Security Perimeter and land safely.

14. The UAS will have the capability to abort flight in case of unpredicted obstacles or emergencies. 

## 14 C.F.R. Part 21, Subpart H Certification procedures for products and parts, Airworthiness Certificates

Texoma Aerial Solutions, LLC seeks exemption from 14 CFR 21, Subpart H, entitled Airworthiness Certificates, e stablishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by Texoma Aerial Solutions, LLC, an exemption fr om Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from t he requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the U AS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withou t the restrictions and conditions proposed.

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Texoma Aerial Solutions, LLC's operation of DJI Phantom 3 Professional, UASmeets 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.



## 14 C.F.R. § 45.23 (b). Marking of the Aircraft

Texoma Aerial Solutions, LLC seeks exemption from 14 C.F.R. 45. 23, which discusses the display of marks. Specifi cally, section 45.23 states, “ (a) each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the registratio n number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter (b) when marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category ai rcraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more t han 6 inches high, the words “limited”, “ restricted”, • ”light

- sport”, “ experimental”, or “ provisional”, • as applicable ”

. Texoma Aerial Solutions, LLC seeks exemption from this regulation due to the small size of the aircraft and that there is no cabin, cockpit, or pilot station for the aircraft. The words “Experimental” can be placed on the fuselage in compliance with § 45.29 (f) where the pilot, observer and others working with the UA will see the identification of the UAS as “Experimental”. • The FAA has issued the following

ex emptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.



## 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC meet all requirements as described in the DJI Phantom 3 Professional owner’ s manual to conduct the proposed UAS flight operations for compensation or hire.

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

As set forth more fully below, Texoma Aerial Solutions, LLC submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the D JI Phantom 3 Professional UAS unless that PIC has demonstrated that the PIC is able to safely operate either the DJI Phantom 3 Professional UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Texoma Aerial Solutions, LLC submits that all flights of the DJI Phantom 3 Professional UAS, conducted by the PIC pursuant to the gra nt of this Petition: (1) will be incidental to Texoma Aerial Solutions, LLC; and (2) will not carry passengers or property for compensation or hire.

## 14 C.F.R. 91.105

- Flight crewmembers at stations

Texoma Aerial Solutions, LLC seeks exemption from 14 C.F .R. 91.105, which discusses flight crewmembers at stations. Specifically, 91.105 states “ (a) During takeoff and landing, and while en route, each required flight crewmember shall (1) Be at the crewmember station unless the absence is necessary to perform d uties in connection with the operation of the aircraft or in connection with physiological needs; and (2) Keep the safety belt fastened while at the crewmember station. (b) Each required flight crewmember of a U.S.

- registered civil aircraft shall, during t akeoff and landing, keep his or her shoulder harness fastened while at his or her assigned duty station. This paragraph does not apply if (1) The seat at the crewmember's station is not equipped with a shoulder harness; or (2) The crewmember would be unabl e to perform required duties with the shoulder harness fastened. Texoma Aerial Solutions, LLC seeks exemption from this regulation due to the fact that the UAS will not have a flight crew or crew stations other than the PIC and a observer. The PIC will al so not have to be restrained into a seat via shoulder harness or safety belt at the time of the flight.



## 14 C.F.R. 91.119

- Minimum safe altitudes: General

Texoma Aerial Solutions, LLC seeks exemption from 14 C.F.R. 91.119, which discusses minimum safe al titudes. Since project needs are low

- level data collection and the majority of flight will be less than 200ft AGL and no more than 400ft AGL, this would not pertain to our UAS operations.



## 14 C.F.R. 91.121

- Altimeter settings

Texoma Aerial Solutions, LLC seeks relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 Professional UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to do wnlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Texoma Aerial Solutions, LLC seeks the requested relief because the DJI Phantom 3 Professional UA altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of th e 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 fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Professional UA are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS.



## 14 C.F.R. 91.151

- Fuel requirements for flights in Visual Flight Rules (VFR) conditions

Texoma Aerial Solutions, LLC seeks exemption from 14 C.F.R. 91.151, which discusses fuel requirements for flight in VFR conditions. Speci fically, 91.151 states “ (a) No person may begin a flight in an airplaneunder VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to

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

-- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes “. The UAS operated by Texoma Aerial Solutions, LLC has a typical flight time of less than 20 minutes with maximum flight time of 25 minutes. Since this amount less than the 30 minute reserve minimum, this reserve minimum would not make sense in allowing the UAS a chance to fly. According to Texoma Aerial Solutions, LLC's aircraft flight manual, the PIC is instructed t o maintain flight until battery power reaches 25%, or 1st level warning. At this level, landing procedures will be initiated. Once the UAS reads 20%, 2nd level warning, the flight control system automatically take over and initiates safe landing sequence a t the logged in takeoff point.



## 14 C.F.R. 91.203

- Civil aircraft: certification required

Texoma Aerial Solutions, LLC seeks exemption from 14 C.F.R. 91.203, which discusses sta tes: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy of the applicable operatio ns specifications issued under §21.197(c) of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operatio ns specifications issued under §21.197 (c), or an authorization under §91.611 must h ave on it the registration number assigned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 days after that number is first affixed to the aircraft . A revised airworthiness certificate having on it an assigned special identification number, which has been affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards district office. (2) An effective U.S. registration certif icate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in §47.31(c), or a registration certification issued under the laws of a foreign country. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special fli ght authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. (c) No person may operate an aircraft with a fuel tank installed within the passenger compartment or a baggage compartment unless the installation was accomplished pursuant to part 43 of this chapter, and a copy of FAA Form 337 authorizing that installation is o n board the aircraft. (d) No person may operate a civil airplane (domestic or foreign) into or out of an airport in the United States unless it complies with the fuel venting and exhaust emissions requireme nts of part 34 of this chapter” . Texoma Aerial Sol utions, LLC believes that an appropriate and current airworthiness certificate would not be necessary to fly a UAS given the size of the aircraft and the necessary level of skill needed to operate the aircraft. Before putting in to service, our UAS goes th rough our own airworthiness procedures of minimum test flight and reliability checks. Also, our UAS are recalibrated at each site location before each flight to ensure that all systems functions as designed. Texoma Aerial Solutions, LLC seeks exemption fro m this regulation because we believe this rule was not meant for a UAS and operators.

## 14 C.F.R. 91.405, 91.407, 91.409, and 91.417

Texoma Aerial Solutions, LLC seeks exemption from 14 C.F.R. 91.405, 91.407, 91.409, and 91.417, which discusses required air craft maintenance, operation after maintenance, preventive maintenance, rebuilding or alteration, inspections, and maintenance records. In the DJI Phantom 3 Professional flight manual, maintenance and inspection procedures have been established for the air craft. Texoma Aerial Solutions, LLC believes these regulations are meant for manned operated aircrafts and not unmanned systems, therefore making them unnecessary. 

## REASONS BENEFICIAL TO THE PUBLIC/COMMUNITY

1. The Public Will Benefit From Decreased Conge stion Of The NAS.

The DJI Phantom 3 Professional UA is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption 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 property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 Professional UA does not require an airport to takeoff or land. Lik ewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. T he Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3Professional UAS.

Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the lev els 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 UAS produces no air pollution, and is the most viable environmental ly 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 per hour of leaded aviation fuel. The DJI Phantom 3 Profes sional UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UASs are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 3 Professional UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lac k of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional UAS (weighing approximately 2 pounds 11 ounces, at their maximum gross weights with length of 16 inches, widths of 16 inches, and with no fuel on board), has less physica l 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 approximately6,000 pounds with a wingspan of approximately 42 feet, a length of 34 fe et, and a fuel capacity of 180

gallons).

3. Performing Aerial Videography, Photography, and Inspections, Operations withthe DJI Phantom 3 Professional UAS Will Benefit the Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional UAS will allow United States based companies to remain competitive and contribute to growth of the U.S . economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA” ) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to rem ain competitive. Operating the battery powered DJI Phantom 3 Professional UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 Professional UAS, companies can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of th e U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 Professional UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows compan ies to invest in research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Texoma Aerial Solutions, LLC's proposed operation of the DJI Phantom 3 Professional UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional UAS will be operated only in compliance with operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. Â§ 91.119.



## 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 Texoma Aerial Solutions, LLC Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional UAS Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.In consideration of the size, weight, speed, and limited operating area associated with the unmanned

aircraft and its operation, th e Texoma Aerial Solutions, LLC's operation of the DJI Phantom 3 Professional UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. In seeking this exemption, Texoma Aerial Solutions, LLC submits that the DJI Phantom 3 Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UAS; (b) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

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

The technical specifications of the DJI Phantom 3 Professional UAS are set forth by the DJI Phantom 3 Professional Specifications and Data Sheet.

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

The DJI Phantom 3 Professional UAS may be operated in both manual and fully autonomous flight modes. A compl ete description of the flight and navigational modes of the DJI Phantom 3 Professional UAS User Manuals.

iii. The DJI Phantom 3 Professional UAS Is Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation

. When the Control Link is lost, the DJI Phantom 3 Professional UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UA does not reacquire control link data from the GCS, the UAS will assume tha t 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 takeoff position and shutdown. A complete description of the Failsafe Functions of the DJI Phantom 3 Professional UAS are set for th in the DJI Phantom 3 Professional User Manual, attached.

iv. The DJI Phantom 3 Professional GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 Professional GCS and flight control software is provided in the DJI Phantom 3 Professional User Manual.

b. Flight Operations Of DJI Phantom 3 Professional UAS Are Limited To The Line Of Sight Of The Pilot in Command With A Safety Observer.

Texoma Aerial Solutions, LLC will utilize employees to act as a pilot i n command (PIC) of the DJI Phantom 3 Professional UAS. Additionally, a safety observer will assist all pilots during flight time.c. Flights Of DJI Phantom 3 Professional UAS Will Be Conducted Pursuant To Specific Operating

Limitations.

In seeking this ex emption, Texoma Aerial Solutions, LLC proposes to commercially operate DJI Phantom 3 Professional UAS for the purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Professional UAS. Proposed operations of a ny other aircraft will require a new petition or a petition to amend this grant.

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

3. The UA may not be flown at an indicated a irspeed exceeding 30 knots.

4. The UA must be operated at an altitude of no 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 UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses.

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

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated be fore the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the gra nt of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’ s responsibility to track such re visions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions forextension or amendment to the grant of exemption. If the operator determines that any upda te or

revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to it s grant of exemption. The FAA’ s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revi sions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until 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 or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the funct ional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating docume nts.

13. The operator must follow the UAS manufacturer’ s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

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

ac cordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of t he authorized person returning the UAS to service.

15. The UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

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

17. The PIC must meet or exceed all requirements as set forth by manufacturer in order to justifiably operate the DJI Phantom 3 Professional.

18. The operator may not permit any PIC to operate unle ss the PIC mee ts the operator’ s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances fr om persons, vessels, vehicles and structures.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special

requ est will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a

current FAA pu blished aeronautical chart unless a letter o f agreement with that airport’ s management is obtained. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

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

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

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a fligh t unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

27. Before conducting operations, the radio frequency spectru m used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. Operating documents and grant exemption must be available to the PIC at the Ground C ontrol Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations an d activities at all times.

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or esse ntial persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAS and/or debris in the event of an accident. The operator must ensure that nonparticipating person s remain under such protection. If a situation arises where nonparticipating persons leave such protection

an d 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 PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an und ue hazard to those

persons per § 91.119(a).32. All operations shall be conducted over private or controlled

- access property with permission from

the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area must be reported to the FAA's UAS Integration Office (AFS

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

TEXOMA AERIAL SOL UTIONS, LLC AFFIRMS ALL INFORMATION LISTED ABOVE TO BE TRUE AND BINDING UPON FAA’S FINDINGS OF EXEMPTION REGARDING COMMERCIAL OPPERATIONS OF LISTED UAS, UNTIL FURTHER NOTICE OF LAWS OR REGULATIONS DECIDED BY THE GOVERNEMENT/FAA. THANK YOU FOR
YOUR CONSIDER ATION.