July 30, 2015

Exemption No. 12229 Regulatory Docket No. FAA

– 20 15

– 1911

Ms. Kelly Neubecker Agent for Greenman

- Pedersen, Inc. 2518 Auburn Drive Cocoa

, FL 32926

Dear Ms. Neubecker :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 12, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Greenman

- Pedersen, Inc. ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photogrammetric mapping and topographic surveys for engineering inspection of transportation and building infrastructure projects and associated market res earch

.
See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

.
The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+

.
In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any ass ociated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Greenman

- Pedersen, Inc. is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petit ioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Greenman

- Pedersen, Inc. is hereafter referred to as the operator.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Visio n+ when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not pe rmitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operate d at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported 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, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation fo r the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in thi s grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limita tions in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The ope rator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised4

documents to the Administrator or any law enforcement official upon request. The operator must also present up dated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mu st remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it i s in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable comp onents, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs ( traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training op erations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropri ate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visu al flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a
pre

- determined location within the pr ivate or controlled

- access property.

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

20. The PIC is proh ibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be availab le to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonpartici pating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons r emain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/ controller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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

.
The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or aut horized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the opera tional area as defined by the applicable COA must be reported to the FA A'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

.
If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a mot ion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phon e number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to th e inspector upon request;
g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential t o accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/ s/ John S. Duncan Director, Flight Standards Service

EnclosuresUASolutions Group, Inc. 2518 Auburn Drive, Cocoa FL 32926 Tel: (321) 261

- 2547

Kelly n eubecker@uasolutionsgroup.com

May 12, 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Re : Petition for an Exemption to Conduct Small Unmanned Aircraft Systems (s UAS ) Operations Allowed by Section 333 of the Federal Aviation Administration Modernization and Reform Act of 2012 , 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11

A. Summary
On behalf of our clients, Greenman

- Pedersen, Inc. and p ursuant to Section 333 of the
Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (“FMRA”)

, Subs ec ti on ( f

) of 49 U

. S

. C

. § 44701

, and 14 C.F.R. Part 11

, Greenman

- Pedersen, Inc. (“GPI”)

, ( hereafter known as the “Petitioner”)

, an operator of Small Unmanned Aircraft Systems
(“sUAS”) equipped to conduct aerial imaging and surveying

, seeks exemption from the following
listed Code of Federal Regulations (“CFR”) to allow commercial operation of the DJI Phantom 2

Vision + (Phantom 2 Vision+) within the N ational A irspace System (NAS) for controlled, low

risk

, precision a eria l p hotogrammetric m apping and topographic surveys for engineering
inspection of transportation and building infrastructure projects and associated market research,

conducted within and under the conditions outlined herein

, or as may be established by the F AA,
as required by Section 333 requirements

. As described more fully below, the requested exemption would permit the operation of

the P hantom 2 V ision + s UAS by Petitioner under controlled conditions in predetermined
airspace that is 1) Limited in scope 2 ) Controlled as to access by mission essential personnel
only and2

3 ) Provides improved safety controls and efficiency to the construction man ag ement and
inspection industry presently using conventional aircraft. Approval of this exemption would
thereby e nhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s)
responsibilities to “...establish requirements for the safe operation of such aircraft systems in the
national airspace system” as stated within Section 333(c) of the FMRA. In making this
determination, the Secretary is required to determine which types of s UAS do no t create a hazard

to users of t h e NAS or the public or pose a threat to national security in light of the aircraft’s
size, weight, speed and operational capability; Operation of the s UAS in close proximity to
airports and population centers; Operation of a s UAS within visual line of sigh t of the operator.

Grant of t h e requested exemption is in the public interest based upon the concise
direction expressed within section 333 of the reform act; the added authority granted by the Act,
as amended; an equivalent level of safety regarding flig ht operations as expressed herein, and
significant cost savings achieved by transitioning from traditional manned aerial resources to

s UAS s. The petitioner respectfully requests that the FAA grant the requested exemption without
delay. Petitioner will oper ate the Phantom 2 Vision+ sUAS while keeping the documents
required by the regulations at the ground control station and immediately accessible to the P ilot

i n C ommand (PIC) and by modification of the required markings (registration n umber) of the

s UAS to be displayed on the fuselage of the unmanned aircraft.

The name and address of the Petitioner is:

G reenman

- Pedersen, Inc.

The primary contact for this petition, with a copy to me at the address above is :

John Rizzo 80 Wolf Road, Suite 300 Albany, NY 12205

B. Regulations

– Exemptions Requested

a. 14 C.F.R. 45.27(a), b. 14 C.F.R

. 61.113(a) and (b),

c. 14 C.F.R

. 91.7(a), d. 14 C.F.R

. 91.105,

e. 14 C.F.R

. 91.119 (c) f. 14 C.F.R. 91.121,

g. 14 C.F.R

. 91.151(b), h. 14 C.F.R

. 91.405(a),3

i. 14 C.F.R

. 9 1.407(a)(1), j. 14 C.F.R. 91.409(a)(1) and ( 2 ), and k. 14 C.F.R. 91.417(a) and (b).

C

. Corporate Background
Founded in 1966, G PI , together with its subsidiaries, provides consulting engineering,
planning, survey, mapping, and construction management and inspection services with the
operational infrastructure to provide precision aerial photogrammetric mapping and topographic
surveys for numerous engineering inspection of transportation and building infrastructure
projects in di fferent geograph ical locations in a safe, convenient and legal manner

. G PI

s pecializes in the development, design and construction of infrastructure and building systems. It
undertakes public works, as well as offers transportation design, construction in spection,
protective coatings, geomatics, GIS/asset management, MEP and structural engineering for
buildings, land development, power generation, underwater engineering and construction,
photogrammetric and oblique imagery, environmental sciences and permi tting, and water
resources management services. The company serves government agencies, municipalities,
institutions, industries, architects and developers.

GPI ’s sUAS for the purposes of this petition is the DJI Phantom 2 Vision+. The

Phantom 2 Vision+ is comprised of a vertical takeoff and landing (VTOL) Unmanned Aircraft
(UA) and a transportable Ground Control Station (GCS). The Phantom 2 Vision+ UA has a
maximum gross weight of approximately 2.7 pounds, while having a diagonal distance (motor to

motor ) of approximately 14 inches, and maximum speed of 3 4 mph (approximately 29 knots).

The P hantom 2 Vision+ is equipped with four propellers, each being driven by a Lithium
Polymer battery powered electric motor

. GPI w ill operate only within v isual line of sight
(VLOS) and during daylight hours in Visual Flight Rules (VFR) conditions. Additionally

, GPI
will operate only within the parameters defined in the blanket Certificate of Authorization
(COA) issued by the FAA under the new interim polic y. In the event any GPI operation

exceeds the 200

- foot limitation imposed by the policy, a separate COA specific to the airspace
required for that operation will be obtained prior to flight operations. Such requirements will

insure that the sUAS will “n ot create a hazard to users of the national airspace system or the
“public” as stated in Section 333 of the FMRA.

D. Airworthiness
A critical element of consideration for grant of the petition is evidence of an equivalent4

level of safety for airworthiness of the s UAS

. The FAA has been authorized to exempt aircraft
from the requirement for an actual airworthiness certificate in accordance with the statutory
criteria provided in Section 333 of PL 112

- 95 in reference to 49 USC 44704, in consider ation of
the size, weight, speed, and limited operating area associated with the aircraft and its operation. ,
However, in accordance with FAA N 8900.291, Petitioner ha s an established inspection and
maintenance program for the continued airworthiness of t he aircraft in accordance with the

manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for

the aircraft and aircraft components.
In support of these characteristics, along with the published Phantom 2 Vision Plus Pilot
Training Guide v1.1, Phantom 2 Vision Plus Quick Start Guide, Phantom 2 Vision Plus User
Manual, and S mart Flight Battery Safety Guidelines

, GPI submits the following additional

documents and m anuals as attachments to this exemption request

, to provide the details for
review by the FAA . The following are a set of Confidential Documents under 14 CFR 11.35(b)
as each document and manual contains proprietary information that the applicant has not and

will not share with others. The documents and m anuals contain specifications, operating
conditions and procedures, maintenance procedures and a safety management program that are
not available to the public and are protected from release under the Freedom of Information Act
5 USC 552 et.seq.

• GPI Stan dard Operating Procedures Manual ( S OP )

• GPI Maintenance Manual (MM)

E

. DJI Phantom 2 Vision+ Operational Capabilities

Petitioner seeks an exemption to operate the Phantom 2 Vision+ for limited approved

com mercial pu r

poses within the NAS 1

. The Phantom 2 Vision + is a multi

- rotor sUAS aircraft
comprised of a VTOL UA and a transportable GCS. The Phantom 2 Vision+ UA has a
maximum gross weight of approximately 2.7 pounds, while having a diagonal distance (motor
to motor) of approximately 14 inches, and maximum speed of 34 mph (approximately 29

kn ots). The Phantom 2 Vision+ is equipped with four propellers, each being driven by a
Lithium Polymer battery powered electric motor. The Phantom 2 Vision + does not carry any
flammable propellant or fuel. The sUAS also has an integrated GPS system that ca lculates the

1 GPI will submit Aircraft Registration Applications as required, upon the grant of the exemptions sought by this petition.5

UAS's position and height and relays that information via a secure connection to the operator.
Additionally, as acknowledged by the FAA in its prior grant of exemption to Douglas Trudeau,
the DJI Phantom 2 Vision+, "Has the capability to opera te safely after experiencing certain in

flight contingencies or failures and uses an auto

- pilot system to maintain UAS stability and
control. The UAS is also able to respond to a loss of GPS or a lost

- link event with pre

coordinated automated flight maneu vers." Additionally, major new features within the GCS
support structure include, mission planning for up to 16 waypoints, a “Go Home” function, a
flight safety protection of 3.1 miles (5 km) flight distance limit, GCS disabling when battery

level is below 30%, and a 1640 feet (500 m) flight radius based on HOME point, 656 feet (200
m) altitude restriction.

F. Regulatory Basis for Petition

Petitioner

, pursuant to 14 C.F.R. § § 11. 6 1 (b), 11.81, 2 and the FAA Modernization and

Reform Act of 2012 ( “ FMRA ” )

, Section 333, Special Rules for Certain Unmanned Aircraft
Systems ( “ Section 333 ” )

, hereby respectfully petitions the Administrator for an exemption from

the requirements of 14 C.F.R. §§ , 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121

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

. 1. Section 333
Congress identifies Section 333 of the FMRA, as a pathway for “ expedited operational

authorization ” of certain sUAS in the NAS

. Section 33 3 (b)(1) ( “ expedited operational

authorization. ” )

. 3 Under Section 333 Congress mandates that the FAA “ shall determine if certain
unmanned aircraft systems may operate safely in the national airspace system before completion

of the plan and rulemaking required by S ection 332 of this Act or the guidance required by

section 334 of this Act ” ( Section 33 3(a) ) upon consider ation of its “ size, weight, speed, operational
capability, proximity to airports and populated areas, and operation within visual line of sig ht

. ”

Section 333(b) (1 ). I f the FAA makes such a determination, the FAA “ shall [also] establish
requirements for the safe operation

. ” Section 33 3(c)

. T he FAA further may find that the sUAS does
not require “ airworthiness certification under section 44704 of title 49, United States Code

. ” Section

2 14 C.F.R. § 11. 6 1 (b) (“ Using a petition for exemption, you may ask FAA to grant you relief from current regulations in 14 C.F.R.”) , 14 C.F.R. § 11.81 (“ What information must I include in my petition for an exemption ”) ?

3 See also www.faa.gov/ sUAS /legislative_programs/section_333/ (noting that Section 333 grants the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft systems in the NAS.”).6

333(b) (2)

. 2. 49 U.S.C. § 44701

T he FAA is further authorized to grant exemptions from its safety regulations and

minimum standards under 49 U.S.C. § 44701 ( “ Section 44701 ” ) “ if the Administrator finds
the exemption is in the public interest. ” Section 44701(f) 4 (authorizing the grant of
exemptions from safety regulations and minimum standards under S ection 44701(a) and (b) and

S ections 44702

- 44716). 5

For the reasons addressed herein

, this Petition q ualifies for expedited approval of

Petitioner ’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701

.

G. DJI Phantom 2 Vision+ Statutory Criteria for Exemption under Section 333

G iven its small size, light weight, slow speed, limited load capacity, superior
operational capabilities

, and that the operations will be conducted only during the day, under
visual meteorological conditions ( “ VMC ” ), within V LOS of the PIC, with the assistance of a

visual safety observer ( “ VO ” )

, and confined within the boundaries of a consenting landowner’s

property and not in the proximity of airports or populated areas , the Phantom 2 Vision+ is the

very category of sUAS that qualifies for expedited approval under Section 333

. 1

. Proximity to Airports/Populat ion Centers or A reas

F light o pe r a t i ons pursuant to t h i s Petition w i l l be t i g h t l y con t r o ll ed and restricted to

low risk a reas and in accordance with the blanket 200

- foot COA requirements at an altitude of no
more than 200 feet above ground level (AGL). In the event a GPI operation is required to exceed

the 200

- foot limitation imposed by the policy, a separate COA specific to the airspace required for

that operation will be obtained prior to operations at an altitude of no more than 400 feet AGL.
All altitudes reported to ATC will be in AGL when required and a ny operations conducted within
5 nautical miles (NM) of the geographic center of a non

- towered airp ort will obtain a Letter of
Agreement with the appropriate airport management and made available to FAA upon request.

4 U n d er 4 9 U

. S

. C

. § 4 47 0 1( f )

, t h e “ A d m i n i s t r at o r m a y g r a n t an e x e m p ti o n f r o m a r e q u i r e m e n t

o f a r e g u lati o n pr e s c r i b ed un d er su b s ecti o n ( a ) o r ( b ) o f t h is s ecti o n o r a n y o f s ecti o n s 44702

- 447 1 6 o f [ T i t le 49 ] if t h e A d m i n i s t r at o r f i n d s t h e e x e m p ti o n is i n t h e p u b lic i n te r e s t

. ”

5 See e.g. 49 US C §44711 ( a )(1) prohibiting operations without airworthiness certificate; (2) prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in violation of regulations) ; 49 US C §44 7 04 (issuance of airworthiness certificate); 14 C.F.R. §91

. 203 ( a ) ( 1 ) (carry airworthiness certificate)).7

In addition, a ccess to any property will be limited to persons associated with and necessary to flight operations.

2

. Visual Line

- of

- Sight
The minimum crew for each operation will consist of a PIC and VO . The VO will be
used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always

maintain VLOS with the sUAS

. T he Phantom 2 Vision+ will at all times be flown by

Petitioner only in the daytime (not at night) under VMC

, within VLOS of the PIC

, with the

further assistance of the VO with whom the PIC will have the ability for direct and continuous

two

- way verbal communication s 6 so as to ensure that the flight operations remain w i t h i n the

PIC’s VLOS and prescribed flight boundaries and de

- conflict with objects in the air and on the ground. Thus , pursuant to the FAA Order 8900.1 Volume 16, Chapter 1, Section 3, the
proposed operations will provide an approved method of control and collision avoidance to satisfy the “ see and avoid ” requirement of 14 C

. F

. R

. § 91.113 : Only qualified and current PIC’s and VOs , as provided in the SOP will be used

.

3

. Other Factors

a. Phantom 2 Vision+ S afety Systems

Petitioner proposes that requirements should take into account the characteristics of th is
particular s UAS

. The Phantom 2 Vision+ is characterized by a high degree of pre

- programmed
control, various built

- in technical capabilities that lim it the potential for operation outside of the
operating conditions as set forth below, and many built

- in functional, safety and redundancy

features to ensure a safe and reliable operation. At a minimum: geo

- fencing at a maximum
ceiling of 200’or 400' AGL, flight programming capabilities, a flight termination link available to
the operator to prevent a "fly away," and safe abort procedures. If the Phantom 2 Vision+ loses
communications or its GPS signal, it will return to a pre

- determined location and land or be

recovered in accordance with the User’s Manual. The Phantom 2 Vision+ will have markings
identifying the serial number and identification (N

- number) markings as large as practicable.
Further, GPI operation s will comply with all manufacturer Safety Bulletins.

b

. Safety Management System

6 [ PIC and VO are within speaking distance and all communications between PIC and VO will be without communications equipment ]8

A Safety Management System (SMS) approach will regulate Petitioner ’s operation of

the Phantom 2 Vision+ and will significantly contribute to maintaining the level of safety
contemplated by the airworthiness certificate requirements from which Petitioner now seeks

relief.

Pursuant to the S MS and 14 C.F.R. § 43.13, entitled Performance Rules (general)

, each

person performing maintenance, alteration, or preventive maintenance on the Phantom 2
Vision+, motor, propeller, or appliance shall use the methods, techniques, and practices
prescribed in the current manufacturer's User’s Manual or Instructions for Continued
Airworthiness prepared by its manufacturer, or other methods, techniques, and practices
acceptable to the Administrator. Each person shall use the tools and e quipment necessary to assure completion of the work in accordance with accepted industry practices.

c. Flight Operation L imitations and Safety
To ensure consistent safety operations, Petitioner has developed a SOP Manual based

upon procedures , notices and guidance the FAA has provided to obtain exemption under

Section 333

, ( submitted on a proprietary and confidential basis to the FAA ).
In seeking this exemption, Petitioner proposes to operate the Phantom 2 Vision+ pursuant

to the following specific operating limitations :

1. The Phantom 2 Vision+ weighs less than 3 pounds, fully loaded.

2. The Phantom 2 Vision+ shall only be operated at or below 2 00 ft AGL , unless a
separate COA specific to the airspace required for that operation is obtained prior to
operations at an altitude of no more than 400 feet AGL.

3. The Phantom 2 Vision+ shall be operated within VLOS of the PIC and safety

VO.

4. The radio frequencies used for operations and control of the UAS (2.4GHz) will
comply with the Federal Communications Commission ("FCC") or other
appropriate government oversight agency requirements.

5. The Phantom 2 Vision+ shall be operated pursuant to Day Visual Flight Rules
(VFR) in visual meteorological conditions (VMC). The Phantom 2 Vision+ shall
be operated only during daylight hours ( i.e. between the end of morning civil
twilight and the beginning of evening civil twilight, as published in the American

Air Almanac, converted to local time).

6. The Phantom 2 Vision+ shall operate from on

- site takeoff/landing locations9 directly next to the PIC and co

- located VO. The PIC and the VO shall be able to
verbally communicate during all operations.

7. Operations shall be conducted by certificated airmen who possess either a commercial, private, recreational, or sport pilot certificate

. 8. The PIC will be a FAA licensed airman and will hold a current airman medical
certificate or valid U.S. driver’s license issued by a state, the District of Colombia,
Puerto Rico, a territory, a possession, or the Federal government. The PIC will also
meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which
the PIC is rated on his or her pilot certificate.

9. The PIC shall have successfully completed the training and qualification process as
specified in the Phantom Pilot Training Guide. PIC qualification flight hours and

currency will be logged in a manner consistent with 14 CFR § 61.51(b). Training
operations will only be conducted during dedicated training sessions.

10. A minimum of three take

- offs and three landings in the preceding 90 days will
be required by the PIC to maintain currency, such log of which shall be made

available to the A dministrator upon request.

11. All op era tions will util i z e a VO. The UA will be op e ra t e d within the V L O S o f the

P I C a nd VO a t a ll tim e s. The VO m a y be u s e d to s a tis f y the V L OS re q u i re m e nt a s

lo n g a s the P I C a lw a y s m a int a ins V L O S ca p a bili t y . T h e VO a nd P I C will be a ble

to c ommuni ca te v er

b a l l y a t a ll tim e s; e l ec t r onic m e s s a g ing o r t e x ting is not

p er mitt e d du r ing f

l i g ht op e r a tions. The P I

C will be d e si g n a t e d b e f

o r e t h e f li g ht a nd

c a nnot t ra ns f

e r his or h e r d e s i g n a tion f o r the du ra tion of the f

l i g ht. T h e P I C will

e nsu r e th a t the VO c a n p e r f o r m the d u ti e s re qui re d of t h e VO.

12. The UA will 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, as specified on the PIC’s FAA

- issued airman

medical certificate or U.S. driver ’s license.

13. If a pilot certificate holder other than the PIC, who possesses the necessary PIC
qualifications, is also present during flight operations, that person can also be
designated as PIC and will follow the procedures as defined within the SOP to

as sume control.

14. A briefing will be conducted in regard to the planned o perations prior to each10 flight as detailed within the SOP

. It will be mandatory that all personnel who are
performing duties within the boundaries of the flight operations safety perimeter
be present for the briefing.

15. Petitioner will obtain an Air Traffic Organization (ATO) issued COA prior to
conducting any actual flight operations. GPI will only operate within the
guidelines of the blanket 200

- foot COA under the FAA’s interim po licy. For
flights above 200 feet AGL, GPI will operate in a confined geographic area as

defined by a separate ATO issued COA.

16. At least three (3) days before scheduled operations, operator shall submit a written
Plan of Activities to the local Flight Stand ards District Office (FSDO) with
jurisdiction over the area of proposed oper ations, such submission of which may
be waived with the concurrence of the FSDO. If required by the FSDO to be
submitted, the Plan of Activities shall include: dates and times for all flights;
operator’s and on

- scene flight operator’s name and phone numbe r; s UAS make,

model and serial or N

- number; PIC’s name and certificate number; statement that
the operator has obtained permission from property owners and/or local officials to
conduct the operations (such list of those who gave permission to be made

available u pon request); description of the planned flight activity, including, as
applicable, maps or diagrams of the area, city, town, county and/or state over
which the operation will be conducted, and the altitudes essential to accomplish
the operation; signature of the exemption holder or representative.

17. Petitioner will file a NOTAM for each flight no more than 72 hours but no less
than 48 hours prior to each flight with the appropriate FSDO.

18. Any operations that will be conducted within 5 nautical miles (NM) of the
geographic center of a non

- towered airport will obtain a Letter of Agreement
with the appropriate airport management and made available to FAA upon

request.

19. Prior to flight operations, Petitioner shall coordinate 1 hour ahead of the proposed
flight a c ommunication with the nearest local Air Traffic Control facility
indicating location, altitude and duration of the proposed flight.

20. All required permissions and permits will be obtained from territorial, state,
county or city jurisdictions, including local law enforcement, fire, or other11 appropriate governmental agencies at least 12 hours in advance of any flight
operation

. 21. The Phantom 2 Vision+ shall be marked with an identification (N

- Number) in
accordance with 14 C.F.R. § 45.23, such markings to be as large as practicable

pursuant to 14 C.F.R. § 45.29(f), and identified by a serial number registered in

accordance with 14 C.F.R. Part 47.

22. All flights will remain clear and yield the right of way to all other manned
operations and activities at all times, i ncluding, but not limited to: ultralight
vehicles, parachute activities, parasailing activities, hang gliders, etc.

23. Flights will 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.

24. The Phantom 2 Vision+ shall be operated at an airspeed not to exceed 31 knots.

25. Any time the Phantom 2 Vision+ is operating, all documents required under 14
C.F.R. § 91.9 and § 91.203 shall be available to the PIC at the GCS. Such
documents shall be made available to the Administrator or any law enforcement
official upon request.

26. The Phantom 2 Vision+ shall not b e operated directly over any person, except
authorized and consenting personnel required for f light/ imaging operations,

27. Prior to performing any flight operations, a pre

- flight checklist will be used by a
qualified PIC a s provided in the SOP

. Documentatio n of such pre

- flight check

shall be made in the aircraft records and such records shall be made available to
the Administrator upon request.

28. The radio frequency spectrum used for operation and control of the Phantom 2

Vision+ shall comply with the requirements of Phantom 2 Vision+ manuals and

the SOP

. T he Phantom 2 Vision+ s hall at all time s be operated to ensure a safe

distance away from all participating and non

- participating personnel , at least 500
feet away from persons not involved in the flight operations (non

- participating
persons) unless:

 Barriers or structures are present that sufficiently protect nonparticipating

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

must ensure that nonpartic ipating persons remain under such protection. If a12 situation arises where nonparticipating persons leave such protection and are
within 500 feet of the UA, flight operations must cease immediately in a
manner ensuring the safety of nonparticipating persons

.

 The owner/controller of any vessels, vehicles or structures has granted
permission for operating closer to those objects 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.

29. The flight will be terminated at 20% battery power reserve or 3 minutes, whichever

occurs first.

30. Prior to each flight

, the PIC shall inspect the Phantom 2 Vision+

, including any
inoperable components, items or equipment, to ensure it i s in a n airworthy
condition for safe flight. If the inspection reveals a condition that affects flight

readiness or safe operations, the Phantom 2 Vision+ shall not be operated until
the necessary maintenance has been performed and it is found to be in a
condition for safe flight. Any discrepancies and all maintenance or alterations

shall be doc umented in the aircraft records, such records to be made available to
the Administrator upon request.

31. Except as may be designated otherwise for Fail

- Safe operations, t he Phantom 2

Vision+ shall take off and land at a location within the boundaries of the subject

property next to the PIC.

32. Upon loss of communication or GPS signal, the Phantom 2 Vision+ shall return
to a predetermined location within the boundaries of the landowner’s property

and land or be recovered in accordance with the User’s Manual

. 33. In the event of an emer gency or unanticipated obstacle to planned operations,
the operation shall b e aborted and the Phantom 2 Vision+, if airborne, shall
return to a predetermined location.

34. The Phantom 2 Vision+ shall be maintained in accordance with the

manufacturer’s recommended practices and in accordance with the GPI

Maintenance Manual , including any amendments or updates thereto. All

amendments or updates shall be tracked and a record of such amendments or
updates shall be maintained and made available to the Administrator upon

request.13

35. GPI will follow the manufacturer’s aircraft/component, maint enance, overhaul,
replacement, inspection and life limit requirements

. 36. All operations shall be conducted over private or controlled

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

37. Any incident, accident or flight operation that transgresses the lateral or vertical
boundaries of the operational area as defined by the applicable COA shall b e reported to the FAA’s UAS Integration Office within 24 hours. Accidents shall
also be reported to the National Transportation Safety Board (NTSB). Further
flight operations shall not be conducted until the incident, accident or
transgression is reviewe d by the UAS Integration Office and authorization to
resume operations is provided.

d

. Privacy

All GPI s UAS operations will be conducted in accordance with applicable F ederal,

S tate, and local laws regarding privacy. All operations shall be conducted over private or

controlled

- access property with permission from the land/building owner/controller or
authorized representative. Permission from land owner/controller or authorized

representa tive will be obtained for each flight to be conducted. Notification of inspection
activities (including UAS operations) will be delivered via land/building owner/controller or
authorized representative a minimum of 24 hours prior to inspection day/UAS oper ations.

e

. Physical Security

In order to ensure its safe and proper us e , Petitioner will be the only operator of the

Phantom 2 Vision+ and the Phantom 2 Vision+ will at all times remain in Petitioner ’s custody

. 4

. . Lack of Threat to the NAS, Public, or National Security
For the reasons previously addressed, in cluding meeting Section 333( b)(1) criteria,

Petitioner ’s record of safety and the small size of the s UAS involved and the controlled sterile
area within which they will operate, Petitioner falls squarely within that zone of safety (an
equivalent level of safety) in which Congress envisioned that the FAA must, by exemption,
allow commercial operations of s UAS s to commence immediately. Petitioner will operate the

Phantom 2 Vision+ in accordance with the aforementioned flight limitations without creating a

hazard to other aircraft or persons or property on the ground . T he fact that each PIC will be14

required to be screened by the Department of Homeland Security, approval of the petition presents no

threat to national security

. Further, given its small size and limit load capacity, the Phantom 2

Vision+ s UAS is incapable of carrying any substantial external load, including e x p l os i v e

m a t e r i a l s or f

l a mm ab l e li q u i ds.
For all of these reasons, Petitioner ’s proposed operations using the Phantom 2 Vision+ qualify
for expedited approval of the sought exemption pursuant to Section 333 for the specified uses

and under the proposed operating requirements and restrictions.

H

. Public Interest Benefits
Granting Petitioner ’s request for exemption would benefit the public and have no
adverse effect on safety for the following reasons

.

1. Public Interest Generally
The grant of the requested exemption is in the public interest based on the clear direction
in Section 333 and 49 U.S.C. § 44701(f), the equivalent and enhanced level of safety of the
proposed operations, the significant public benefit, and cost savings to be realized as a result of
the use of sUAS for precision aerial imaging and survey services. Moreover, the FAA has
granted similar exemptions for sUAS used to conduct high resolution precision aerial imaging

and survey operations. 7 The Phantom 2 Vision+ is a battery powered s UAS that serves as a safe r ,

more efficient, and economical alternative to larger and heavier manned aircraft carrying
flammable liquid fuels

, traditionally use for aerial surveying

. This will provide for a n added
superior level of safety to persons and property in the air and on the ground than that provided by
manned aircraft performing the same operations. No p ilot or cre w need be airborne and g ranting
the exemption would also decrease the number of manned aircraft in the NAS and, as a result,

reduce congestion as well as the environmental impact of such operations

. Using the Phantom 2

Vision+ also provides the benefit of greater operational flexibility and reduced cost when compared

to manned aircraft.

a

. Increased Aircrew Safety and Reduced Risk to P ersons/ Property On G round

Because the Phantom 2 Vision+ is unmanned, the proposed operations eliminate the risk to
pilot and crew associated with flying such aerial

- surveying missions in confined airspace at low

altitude

. Further, g iven its small size and weight and low air speed

, using the Phantom 2 Vision+ also

7 GPI r e q u e s ts t h at t h e F AA n ot solicit p u b lic c o mm e n t o n i t s petition b eca us e it w o u ld n o t s et

a ny new pr ece d e n t a n d b eca u s e t h e r elief r e q u e s ted is i d e n tic a l to e x e m p ti o n s g r a n ted pr e v i o us l y

. 1 4 C

. F

. R

. § 11.87.15

reduces the risk of damage or injury to persons or property on the ground , and in the air, were there to

be a n unforeseen mishap

.

b

. Reduced Environmental Impact

U sing the Phantom 2 Vision+ s UAS instead of manned aircraft also benefit s the public by
eliminating or greatly reducing air and noise pollution associated with traditional aerial imaging
operations

. Because it is battery power ed and uses electric motors, the Phantom 2 Vision+ s UAS

consumes no fuel

, generates no air pollution

, and creates very little noise . As a result, the public is

benefited as a result of reduced enviro nmental impact, r educed operator and other human

exposure , and greater fuel conservation, which serves additionally to su pport our G overnment’s
specific effort s to reduce the U.S.’s carbon footprint. 8

c

. Fewer Manned Aircraft i n the NAS and Reduced Need for ATC Handling

The Phantom 2 Vision+ also does not require a runway or helipad to takeoff or land and
will not be operated within the close proximity of any airports without prior FAA approval

. As

such , fewer aircraft will need to be handled by a ir t raffic c ontrol during ground, takeoff,
departure, arrival, and landing phases. Operations pursuant to this Peti tion will further reduce the
number of manned aircraft flying or transiting at or above 500’ AGL to and from the areas of
imaging operations as well as congestion around airports due to aircraft arrival and departure.

d

. Superior Aerial Imagery and Increased Benefit to U.S. E conomy

B etter aerial footage can also be obtained using the small and nimble Phantom 2 Vision+

than can be obtained using manned aircraft or other ground

- based methods

. Due to its small size and
superior flight performance characteristics, the Phantom 2 Vision+ allows for images to be taken

from certain locations and angles and with better precision tha n using manned aircraft

. As a result,

less time is needed in the air to obtain the desired footage

, which in addition to providing the benefit

of fewer aircraft in the NAS and associated reduced risk to objects and persons and property in the air
and on the ground, reduced noise, etc., allows for the production of surveys , which benefit s

consumers

. This additionally ensures that companies such as GPI and its customers remain
competitive and profitable, thereby providing their employees greater job stability, which
ultimately contributes further to the U.S. econom y through increased consumer spending

.

e

. Increased Operational Flexibility and Reduced Cost
Using the Phantom 2 Vision+ also provides the benefit of greater operational flexibility and

8 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental Protection Agency’s regulatory efforts to phase out the use of fossil fuels

.16

reduced cost when compared to manned aircraft. Instead of each time having to hire a manned

aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, Petitioner
can operate the Phantom 2 Vision+

, which it has purchased and outfitted at lower combined cost

, innumerable times and at the convenience of Petitioner ’s and its customer ’ s schedules

. 2. No Adverse Safety Effects
Granting this Petition will also not adversely affect aviation safety or pose any undue

risks to the public. The operations pursuant to this Petition will be in accordance with

Petitioner ’s internal SOP , including approved processes and checkli st s an d in c o m p li ance w i t h
all applicable FAA safety policies and guidance. Accordingly, and as detailed herein,

g ranting the requested exemption would not adversely affect safety. Indeed

, as detailed below

, operations pursuant to the limitations and guidelines addressed herein and the safety
procedures, Petitioner w ill provide a n equivalent level of safety to those regulations from

which Petitioner seeks exemption

. The FAA has also recently set precedence by granting
exemptions with similar aerial imaging parameters in all material respects, to those presented

herein

. For these reasons

, GPI ’s operations pursuant to this Petition also qualify for an
exemption

. I. Exemption s Sought By Petitioner a nd Reasons f or t he Requested Relief

Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 14

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121

, 91.151(b)

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

. 1. Section 45.27(a). Location of marks; non fixed

- wing aircraft

. Section 45.27, entitled Location of marks; nonfixed

- wing aircraft

, subsection (a) states
(emphasis added):
(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft
horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks
required by § 45.23.
To the extent subsection 45.27(a) may be deemed to apply to the Phantom 2 Vision+

s UAS

, Petitioner seeks an exemption from the subsection ( i.e., that the marks be displayed on both surfaces of the cabin, fuselage, boom, or tail) because the Phantom 2 Vision+ s UA S is of
insufficient size to accommodate any such marking. Thus marking the Phantom 2 Vision+

s UA S as required by this subsection would not be possible.

An e q u i v a l ent l e v el of s a f e t y can be provided instead by marking the Phantom 217

Vision+ s UA S , as may be applicable, with lettering as large as practicable ( 14 C.F.R. § 45.29(f) )
on its largest available surface so as to permit such marking to be displayed to pilot, crew,

and others

. 2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in

command

. Petitioner seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled
Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) state
(emphasis added):
(a) Except as provided in paragraphs (b) through (h) of this section, no person who
holds a private pilot certificate may act as pilot in command of an aircraft that is
carrying passengers or property for compensation or hire; nor may that person,
for compensation or hire, act as pilot in command of an aircraft

.
(b) A private pilot may, for compensation or hire, act as pilot in command of an
aircraft in connection with any business or employment if:
(1) The flight is only incidental to that busine ss or employment; and
(2) The aircraft does not carry passengers or property for compensation or

hire.
In general, subs ec t i ons 61

. 113 ( a ) and ( b ) prohibit a p r i v a t e p il o t from conducting

co m m e r c i al ope r a t i on s . Petitioner seeks exemption from the subsections because t he Phantom 2

Vision+ w i l l not ca rr y a p il o t
, passe n g e r s or property (other than a camera). As addressed, the

Phantom 2 Vision+ is a very light, remotely controlled s UAS with no persons or property on

board. Each f

li g h t is p l anned and fully coo r d i na t ed i n a d v ance in accordance with those
procedures provided in the SOP

. Thus t he r i s k assoc i a t ed w i t h the proposed ope r a t i on s is so

d i m i n i shed fr om that ass o c i a t ed w i t h co m m e r c i al ope r a t i ons con t e m p l a t ed by P a r t 61, t hat

a ll o w i ng a P IC having a private pilot certificate , rather than a commercial certificate, met the
minimum flight hour and qualification criteria, and operating according to the limitations and
guidelines provided herein

, provides a level of safety that e x ceeds t hat p r o v i ded by a pilot
having a co mm e r c i al ce r

t i f i ca t e op e r a t i n g a con v en t i onal a i r c r a f t as required under the
regulations

. T he FAA has already set precedence by previously granted e x e m p t i ons in circumstances
similar, in all material respects, to those presented herein

. 3. Section 91.7(a). Civil Aircraft Airworthiness

.18

Either finding that Petitioner meets the Section 333 criteria or exemption from the
airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a)
inapplicable.

Section 91.7, entitled Civil aircraft airworthiness

, subsection (a ) states (emphasis added):

“ No person may operate a civil aircraft unless it is in an airworthy condition .” T here is no FAA
standard by which such a determination of airworthiness can be made. Nonetheless, given t he
limitations and procedures , as con t a i ned herein, the S afety Procedures contained within the

SOP , and the Maintenance Manual

, for maintaining the aircraft and checking it before each
flight to ensure that it is in peak operational condition, an e q u i v a l ent l e v e l o f s a f e t y w il l be

p r o v i ded.

4

. Section 91.105. Flight crewmembers at stations

. Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight

crewmembers at stations

, states (emphasis added):
(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 duties in connection with the operation of the aircraft or in
connection with physiological needs; and
(2) Keep the safety belt f

astened while at the crewmember station.

(b) Each required flight crewmember of a U.S.

- registered civil aircraft shall,
during takeoff 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 unable to perform required duties with the

shoulder harness fastened.

In general, S ec t i on 91

. 105 requires pilot and crew to be at their duty stations and
harnessed during flight

. Petitioner seeks exemption from the Section 91.105 because the

Phantom 2 Vision+ s UA S is by definition an unmanned aircraft, having neither pilot nor crew so
as to be stationed or harnessed as required by the regulation. An e q u i v a l ent or even higher l e v el

of s a f e t y can be provided instead by using an unmanned aircraft controlled by a PIC who at all19

times is located at and controls the Phantom 2 Vision+ from the GCS.

5

. Section 91.119(c). Minimum safe altitudes

. Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum
safe altitudes: General

, subsection (d) states (emphasis added):
Except when necessary for takeoff or landing, no person may operate an aircraft
below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface

, except over open water or sparsely populated areas. In those cases, the aircraft
may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.

S ec t i on 91

. 119(c) e s t ab li shes s a f e a l t i t ud e s f

or ope r a t i on o f c i v i l a i r c r a f t over other than
congested areas

. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this
Petition, t he Phantom 2 Vision+ s UA S w il l at times be ope r a t ed either at or below 200 or 4 00

feet A G L

. An e q u i v a l ent or even higher l e v el of s a f e t y can be provided instead by, as provided
herein, ope r a t ing so as to de

- conflict with manned vehicles operating above 500 feet AGL , within

the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de

- confliction
with any persons or property in the air and on the ground , including participating and non

participating personnel, 100 feet and 500 feet, respectively, away from who the UA would
generally be restricted . Further t he Phantom 2 Vision+ s UAS flight operations will b e

m on i t o r ed at all times by bo t h t he PIC and VO and will be i n c o m p li ance w i t h l ocal pub li c

s a f e t y r e q u i r e m en t s , so as to prevent access to t he restricted a r eas o f ope r a t i on.

The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,

in all material respects, to those presented herein

.

6

. Section 91.121. Altimeter settings

. Petitioner seeks an exemption from 14 C.F.R. 91.121

. Section 91.121, entitled Altimeter
settings

, requires each person operating an aircraft to maintain cruising altitude by reference to
an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter
setting available before departure.” Petitioner seeks exemption from S ection 91.121 because the

Phantom 2 Vision+ s UAS does not use or have on board a typical barometric altimeter as
contemplated by the regulation.20

Note: An equivalent level of safety will be provided instead, by operating the s UAS at

or below 400 feet AGL

, within the VLOS of the PIC (with the assistance of a VO)

, with altitude

information downlinked from the Phantom 2 Vision+ to the PIC to maintain altitude and ensure
safety. Prior to each flight, a zero altitude/AGL will be established at the launch site, as
confirmed for accuracy by the PIC.

7

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

Petitioner seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel
requirements for flight in VFR conditions

, states (emphasis added):
(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 Phantom 2 Vision+ is an unmanned aircraft, and thus would not begin a flight with a
person in it as the regulation contemplates . To t he extent the regulation applies to the Phantom 2
Vision+, the Phantom 2 Vision+ has a maximum fligh t duration of 15 minutes

, depending upon
atmospheric conditions and type of camera or sensor.

A n e q u i v a l ent l e v el of s a f e t y can be ach i e v ed by terminating the flight at 20% battery

power reserve or 3 minutes w h i ch e v er occurs f i r s t, as provided in the SOP . Given that the

Phantom 2 Vision+ will be operated within the VLOS of the PIC, within the confines of the
particular landowner’s property with prior written consent of the landowner and participating and

non

- participating personnel, this restriction would provide more than enough battery reserve to
accommodate a safe return to the landing zone from anywhere in the operating area with no
adverse effect on the safety of persons and property in the air or on the ground.

The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,

in all material respects, to those presented herein

.

8

. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance
inspections and recording

. Section 91.405(a)

, entitled Maintenance required

, states: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and
shall between required inspections, except as provided in paragraph (c) of this21

section, have discrepancies repaired as prescribed in part 43 of this chapter ;

Section 91.407(a)(1) , entitled Operation after maintenance, preventive maintenance, rebuilding,

or alteration

, states:
(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 service by a person authorized under

§ 43.7 of this chapter;

Section 91.409 (a)(2) , entitled Inspections

, states:
(a) Except as provided in paragraph (c) of this section, no person may operate an
aircraft unless, within the pre ceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 of this chapter and
has been approved for return to service by a person authorize d by § 43.7
of this chapter; or
(2) An inspection for the issuance of an airworthiness certificate in
accordance with part 21 of this chapter

.
No inspection performed under paragraph (b) of this section may be substituted
for any inspection required by this paragraph unless it is performed by a person
authorized to perform annual inspections and is entere d as an “annual” inspection
in the required maintenance records.

Section 91.417(a) and (b) , entitled Maintenance records

, state:
(a) Except for work performed in accordance with §§ 91.411 and 91.413 , each
registered owner or operator shall keep the following records for the periods
specified in paragraph (b) of this section:
(1) Records of the maintenance, prev entive maintenance, and alteration and

records of the 100

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

—

(i) A description (or reference to data acceptable to the Administrator) of
the work performed; and
(ii) The date of completion of the work performed; and22 (iii) The signature, and certificate number of the person approving the

a ircraft for return to service.

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

and each rotor.
(ii) The current status of life

- limited parts of each airframe, engine,
propell er, rotor, and appliance.
(iii) The time since last overhaul of all items installed on the aircraft which
are required to be overhauled on a specified time basis.
(iv) The current inspection status of the aircraft, including the time since
the last inspection required by the inspection program under which the
aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness directives (AD) and
safety directives including, for each, the method of compliance, th e AD or
safety directive number and revision date. If the AD or safety directive
involves recurring action, the time and date when the next action is
required.
(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each
major alteration to the airframe and currently installed engines, rotors,
propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods
prescribed:
( 1) The records specified in paragraph (a)(1) of this section shall be retained until
the work is repeated or superseded by other work or for 1 year after the work is
performed.
(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.
(3) A list of defects furnished to a registered owner or operator under § 43.11 of
this chapter shall be retained u ntil the defects are repaired and the aircraft is
approved for return to service.

In general, t hese r e g u l a t i ons r e q u i r e t h a t an airworthy certificated a i r c r a f t be i nspec t ed as23

p r e s c r i bed i n 14 C.F.R. Part 91, S ubpa r t E (Maintenance, Preventive Maintenance, and
Alterations), any d i sc r epanc i es be r e pa i r ed and the aircraft be approved for return to service a s prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and
that any work on the aircraft be recorded and such records maintained.
Petitioner seeks an exemption because, as addressed, the Phantom 2 Vision+ sUAS will
operate pursuant to this Petition without airworthiness certification. An equivalent level of
safety can be provided instead by requiring, as provided herein, that inspections and
maintenance be accomplished according to the inspection, maintenance, and preflight sections

of the Maintenance Manual and SOP, and IAW the manufacturer’s guidance in the Phantom 2

Vision+ User’s Manual. Among other things, the Phantom 2 Vision+ will be inspected prior to
each flight to confirm that it is in good working o rder. Any maintenance or repairs will be
perform and logged, and, upon any work being performed on the Phantom 2 Vision+

, it will be
checked and approved for flight by personnel before being returned to service.
The FAA has set precedence by previously granted exemptions in circumstances similar,
in all material respects, to those presented herein.

J. Conclusion
As set forth in the document above, the following summary is provided for publication
in the Federal Register. Petitioner seeks an exemption pursuant to Section 333 of the FAA
Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11 to permit
safe operation of the Phantom 2 Vision+ sUAS commercially, for the purposes of precision
aerial photogrammetric mapping and topog raphic surveys for engineering inspection of
transportation and building infrastructure projects and associated market research

. By granting
this Petition, the FAA Administrator will be fulfilling the Congressional mandate of Section 333

of the FAA Modern ization and Reform Act of 2012 to expedite approval of operations of certain
sUAS in the NAS, while also advancing the interests of the public.24

WHEREFORE , in accordance with the Title 49 of the United States Code, the Code of
Federal Regulations, and the FAA Modernization and Reform Act of 2012, Section 333,
Petitioner respectfully requests that the Administrator grant this Petition for an exemption from
the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c),

91.12 1, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (b), and 91.417(a) and (b).

cc: John Rizzo, GPI

,