UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

MARK R. DICONZO

FOR AN EXEMPTION SEEKING R ELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF THE DJI PHANTOM 2 UNMANN ED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW

112

- 95)

Submitted on August 26th , 2015

Dear Exemption Manager,

I wish to submit this Petition for Exemption for Unmanned Aircraft System operations. My request
is to receive a waiver of the sections identified below. I am looking to operate a UAS in use of commercial applications for the roofing industry, insurance claims, landscape farming inventory , and aerial photography/videography. Ap proving this request will serve the public, its economic interest and will contribute to the safety of people. I have great knowledge of FAA ruling and have great awareness of restricted and operational airspace. My number one goal is always safety when it comes to flight operations. I do not push the technical boundaries of my DJI UAS and always fly by the law and regulations that are established. By allowing me this exemption for real world experience, I will be able to develop the best use of the UAS in the public. Operational utilization, training of the UAS, etc. has yet to be fully developed in the general public area, thus by allowing me to play a role in the development I will require more operational flight experience, and therefore need to get you r approval for this petition in ord er to better positively educate the public on UAS applications.

MARK R. DICONZO

BEAUTIFUL DEMON PHOTOGRAPHY

21

- 62 CRESCENT STREET APARTMENT, C1 ASTORIA, NY 11105 ( 207 )

- 807

- 7522 mark@beautifuldemonphotography.com

BEAUTIFULDEMONPHOTOGRAPHY.COMTABLE OF CONTENTS Page

GLOSSARY OF

ABBREVIATIONS.................................................................................................................3

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

. ...... 4

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

BACKGROUND..................................................................................................................... 5

BASIS FOR PE TITION...........................................................................................................5

NAME AND ADDRESS OF PETITIONER................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH

MARK DICONZO SEEKS EXEMPTION......................................................

........ ....7

THE EXTENT OF RELIEF MARK DICONZO SEEKS AND

THE REASON MARK DICONZO SEEKS THE RELIEF.....................

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

THE REASONS WHY GRANTING MARK DICONZO ’S REQUEST

WOULD BE IN THE PUBLIC INTEREST .............................................................11

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY.......................................

...................................... . .13

CONCLUSION................................................................................................................... ....19

APPENDIX

– A

- DJI PHANTOM 2 TECHNICAL SPECIFICATIONS ...............

..... .... .... 20

APPENDIX

– B

- DJI PHANTOM 2 USER MANUAL(S) ................... ..............................21

APPENDIX

– C

– MONTHLY MAINTENANCE LOG .....................................................21GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

DJI UAV manufacturer

ESC Electronic speed control

FPV First Person View

LI

- PO Lithium Polymer battery

RCV Radio Controlled vehicleSUMMARY

MARK DICONZO , operating under the company title, Beautiful Demon Photography

. seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Mark DiConzo to operate an Unmanned Aircraft System (UAS) for the commercial pur pose of conducting aerial video and photography for Marketing, film sets, real estate photography, commercials, special events, wedding cinematography, marine photography, roofing inspection, and landscape imaging over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is MARK DICONZO , and I am an Aerial RCV enthusiast photographer with over 5 years of exper ience operating various types of Aerial RCV’s as well as 3 years operating quadcopter

UAS’s

. MARK DICONZO also provides customers high quality photography for a wide range of commercial, public, and residential uses, specifically targeting :

• Aerial event photography • Real Estate Marketing • Aerial event filming • Film production • Aerial location scouting a nd safety inspection • Increassing public knowledge of UAS and promote safe UAS operations.

The objective of Mark DiConzo and Beautiful Demon Photography is to provide superior aerial imaging for a wide range of industries and events while promoting safe UAS operations and promoti ng public knowledge of UAS’s as well as providing a high level of knowledge about UAS’s. Mark DiConzo is considered an advanced level RCV pilot who has even taught beginners how to pilot

RCV’s.BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 UAS

Mark DiConzo seeks an exemption to operate the DJI system for compensation or hire within the NAS.

The DJI Phantom 2 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground

Co ntrol Station (GCS) utilizing an electronic monitor system . The DJI Phantom 2 has a maximum gross weight of approximately 2 pounds 14 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 2 UAS

is equipped with four main rotors; driven by a Lithium Polymer battery powered electric motor

.

The DJI Phantom 2 UAS that will be operated by Mark DiConzo will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Markings.

BASIS FOR PETITION

Petitioner, MARK DICONZO , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercial ly operate the DJI Phantom 2 UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consid eration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Mark DiConzo ’s operation of DJI Phantom 2 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Mark DiConzo requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to

aircraft with an airworthiness certificate.

Mark DiConzo submits that the requested relief is proper since an equivalent level of safety will be

ensured. Mark DiConzo will use experienced personnel or technicians to perform maintenance,

altera tions, or pr eventive maintenance on the UAS using the methods, techniques, and practicesprescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Manual).

Furthermore, Mark DiConzo will document and maintain all maintenance r ecords for the DJI Phantom

2

.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Mark DiConzo to the extent necessary to allow a Pilot in Command (PIC) holdi ng a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consiste nt with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Mark DiConzo seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI

Phantom 2 UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As su ch, Mark DiConzo submits that he will ensure that the DJI Phantom 2 UAS is in an airworthy condition, prior t o every flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Instruction Ma nual), and that

the aircraft is in a condition for safe flight.

Mark DiConzo also seeks an exemption from the requirements of Sect ion 91.121, entitled Altimeter Settings, as the DJI Phantom 2 UAS will not have a typical barometric altimeter onboard. However,

altitude information of the DJI Phantom 2 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and rad io communications telemetry data link, which downlinks from the

UA S to the ( GCS ) for active monitoring of the flight path. This altitude information, combined with

Mark DiConzo ’ s operation of the DJI Phantom UAS within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Mark DiConzo seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Mark DiConzo submits that safety wi ll not be affected by operation of the DJI Phantom 2 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 15.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Mark DiConzo provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

MARK DICONZO

BEAUTIFUL DEMON PHOTOGRAPHY

21

- 62 CRESCENT STREET

APARTMENT C1 ASTORIA, NY 11105 ( 207 )

- 807

- 7522

Email: mark@beautifuldemonphotography.comA . The Specific Sections Of 14 C.F.R . From Which Mark DiConzo Seeks Exemption

.

1. Mark DiConzo Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A priv ate 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.

2. MARK DICONZO Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condi tion.

3. MARK DICONZO Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in

part: (a) Each person operating an aircraft shall maintain t he cruising altitude o r flight level of that aircraft, as the case may be, by reference to an altimeter that is set, w hen operating

-- Below 18,000 feet MSL, to

--

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

100 nautical miles of the aircra ft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station;

or

(iii) In the case of an aircraft not equipped with a radio, the elevatio n of thedeparture airport or an appropriate altimeter setting available before departure.

4. MARK DICONZO Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsectio n (b) , states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to t he first point of intended landing and, assuming normal cruising speed, to fly after that for at

least 20 minutes.

5. MARK DICONZO Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled Maintenance required, subsection (a), states the following: Ea ch owner or operator of an aircraft

—

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

6. MARK DICONZO Seeks Exemption Fr om The Requirements Of Section 91.4 07(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that 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[.]

7. MARK DICONZO Se eks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections, subsection (a), states the following:

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

unles s, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the iss uance of an airworthiness certificate in accordance with part 21 of this chapter.

8. MARK DICONZO Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specifie d in paragraph (b) of this section:

1. Records of the maintenance, preventive maintenance, and alteration andrecords of the 100

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

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

aircraft for return to service.

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

and each rotor. (ii) Th e current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. ( iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current in spection 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 dire ctives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

3. The owner or operator shall retain the following records for the periods prescribed: (i ) 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. (ii ) The records specified in paragraph (a)(2) of this section shall be

retain ed and transferred with the aircraft at the time the aircraft is sold. (iii ) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for ret urn to service.

B

. The Extent Of Relief MARK DICONZO Seeks And The Reason MARK DICONZO Seeks The

Relief.

1. Extent Of Relief MARK DICONZO Seeks And The Reason MARK DICONZO Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current a nd valid airman medical certificate, and who has

met certain flight

- hour and currency requ irements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) statethat 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, MARK DICONZO submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS unless that PIC has met certain flight

- h our and currency requirements, demonstrating that the

PIC i s abl e to safely operate th e DJI Phantom 2 UAS in a manner consistent with the operations specifications a s described in this exemption, including evasive and emergency maneuvers, as

well as maintain ing appropriate distances from people, vessels, vehicles and s tructures.
Further more, MARK DICONZO submits that all flights of the DJI Phantom 2 UAS

, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to MARK

DICONZO ' s business; and (2) will not ca rry passengers or property for compe nsation or hire.

2. Extent Of Relief MARK DICONZO Seeks And The Reason MARK DICONZO Seeks Relief From Section 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airw orthiness, is requested to the extent required to allow MARK DICONZO to determ ine that the DJI Phantom 2 UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating do cuments (i.e., MARK DICONZO ’s Aerial Opera tions Manual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Man ual , Pre

- Flight Checklist ).

MARK DICONZO seeks the requested relief because the DJI Phantom 2 UAS do es not require an airworthiness certificate in acco rdance with 14 C.F.R. Part 21, Subpart H. Therefore,

MARK DICONZO will ensure that the DJI Phantom 2 UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2 Instruction Manual) prior to every flight, and further, determine that the aircra ft is in

condition for safe flight, as stat ed in the conditions and limitations below.

3. Extent Of Relief MARK DICONZO Seeks And The Reason MARK DICONZO Seeks

Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 2 UAS , which utilizes a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude in formation from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reporte d to air traffic control (ATC) in feet above groun d level (AGL), MARK DICONZO seek s the requested relief because the DJI

Phantom 2 UA S ’s altimeter may be set o n the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable con ditions and limitations stated below. As more fully set forth herein, an equivalent level of safet y will be maintained since the

DJI Phantom 2 UAS is equipped with a baro metric press ure sensor and GPS equipment, which automatically ensures that a ground level pressu re setting will be established prior to each flight, and provides the PIC with altitude informat ion of the UA on the heads

- up d isplay of the GCS.

4. Extent Of Relief MA RK DICONZO Seeks And The Reason MARK DICONZO Seeks Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phan tom 2 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules(VFR), for a total duration of 15.5 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 4.5 minutes. MARK DICONZO seeks the requested relief because without an exe mption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 UAS w ill severely constrain the practicality of any aerial video or still photo flight opera tions that MARK DICONZO proposes to conduct pursuant to

this Petition. Significantly, as set forth below, the technical specifi cations of the DJI Phantom 2 UAS

, the DJI Phantom 2 UAS’s operating d ocuments, and proposed operating limitations, ensure that

MARK DICONZO will safely operate the battery powered DJI Phantom 2 UAS during daylight

hours in visual meteorological conditions (VMC), under visual flight ru les (VFR), with enough battery power to fly for a total dura tion of 15 .5 minutes to the first poin t of intended landing

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

5. Extent Of Relief MARK DICONZO Seeks And The Reason MARK DICONZO Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.41 7(a) & (b). Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, MARK DICONZO requests relief from these

Sections because the DJI Phantom 2 UAS does not require airwort hiness certificates. As set forth more fully below, the DJI Phantom 2 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certif icate. Accordingly, MARK DICONZO will use trained

techn icians to perform maintenance, alteration s, or pr eventive maintenance on the UAS usin g the methods, techniques, and practices prescribed in the UAS operating documents (i.e., MARK

DICONZO Aerial Operations Manu al, Monthly Maintenance Log, DJI Phantom 2 Instruction

Manual , Pre

- Flight Checklist ). F urthermore, MARK DICONZO will document and maintain all

maintenance records for the DJI Phantom 2 UAS

.

C. The Reasons Why Granting MARK DICONZO ’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the publi c interest by allowing MARK

DICONZO to safely, efficiently, and economically perform a erial video and photography of construction sites, real estate, and landscape , boats, and events over certain areas of the United

States. Additionally, use of the DJI Phantom 2 UAS will decrease congestion of the NAS, reduce pollution, crashes and accidents cau sed by pilot error and provide significant benefits to

the eco nomy. Notably, the benefits o f MARK DICONZO ’s proposed operation of the DJI

Phantom 2 UAS will b e realized without implicating any privacy issues. 1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 2 UAS is battery powered and serves as a safe, efficien t, and

economical alternative to the manned aircraft tradition ally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aeri al acquisitions, an exemption allowing the use of a DJI Phantom 2 UAS would reduce the

amo unt of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 2 do es not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photog raphy missions would result i n fewer aircraft that must be handled by air traffic control during t he ground, takeoff, departure, arrival, and landing phases of flight operations.2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2

UAS

. Conducting aerial acquisitions with the DJI Phantom 2 UAS

, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 2 UAS produces no air pollution, and is the most viable environmentally conscious a lternative to the cabin class, six cylinder internal combustion engine aircraft that are typically

u tilized for aerial vid eo and photography, while burning approximately 20

- 30 gallons per hour of lead ed aviation fuel. The DJI Phantom 2 UAS , while reducing the carbon footprint of aerial acquisitions, also elimin ates noise pollution, as the UAS is propelled by battery powered e lectric motors, rather than an internal combustion engine.

By using the DJI Phantom 2 UAS to pe rform aerial acquisitions, the substantial risk to life and property in the air and on the groun d, which is usually associated with

traditional manned aircraft flight operations, will be subst antially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the

DJI Phantom 2 (weighing approximately 2 pounds 14 ounces at its maximum gross weight, with a length of 16 inches, and a width of 16 inc hes , and with no fuel on board), has less physical potential for collateral damage to life a nd property on the ground, and in the air, compared to the manned aircraft that typic ally conduct similar operations (weighing appro ximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2

UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 UAS will allow United States based companies,

like Beautiful Demon Photograp hy , to remain competitive and contribute to growth of

the U.S. economy. Specifically, with the rising cost of aviation fuel an d the

Environmental Protection Agency (―EPA‖) regulatory actions phasing out leaded

aviation fuels, U.S. owned and operated compan ies must adopt new and alternative technology i n order to remain competitive. Operating the battery powered DJI Phantom

2 UAS is one such technology that not only allows companies greater operational flexibility co mpared to manned aircraft, but provides su ch flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 2 UAS, companies such as Beautiful Demon Photography

, can remain competitive and profitable, and therefore, provide greater job stability to emp loyees and contractors, which will ultimately co ntribute to growth of the

U.S. economy. Improved financial performance of U.S. companies, through commercial

use of the DJI Phantom 2 UAS , provides a stable wor kforce that increases consumer spending; improve s local, state, and federal tax revenues; and allows companies to

invest in research and development in order to remain competitive both in the United

States and abroad.

4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight operations that have beenconducted for decades, MARK DICONZO ’s proposed operation of the DJI Phantom 2

UAS will not implicate any privacy issues. Specifically, the DJI Phantom 2 UAS will be operated only in compliance with oper ating documents (i.e., MARK DICONZO Aerial Operations Manua l, Monthly Maintenance Log, DJI Phantom 2 and Instruction Manual

, Pre

- Flight Checklist ) which requires property owne r involvement as well as local law
enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would N ot Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Saf ety A t Least Equal To That Provided By The Rule

From Which MARK DICONZO Seeks Exemption.

1. Reasons Why The DJI Phantom 2 UAS Meet s 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, MARK DICONZO ’s operation of the DJI Phantom 2

UAS meet s the conditions of FMRA Section 333, and w ill not require an airworthine ss certificate in accordance with 14 C.F.R. Part 21, Su bpart H. Section 333 provides authority for a UAS to operate without airworthiness certificati on and sets forth requirements for considering

whether a UAS will create a hazard to user s of the NAS or t he public, or otherwise pose a threat to national security. Specificall y, FMRA Section 333 states the following, in part: (a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of t his Act, the Sec retary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the nationa l airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by se ction 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

— (1) which types of unmanned aircraft systems, if a ny, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the n ational airspace system or the public or pose a threat to national security; and whether a c ertifi cate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Ope ration.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national a irspace system, the Secretary shall establish requirements for the safe operation o f such aircraft systems in the

national ai

rspace system. In seeking this exemption, MARK DICONZO submits that the DJI Phantom 2 UAS can operate safely in the NAS pu rsuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 2 UAS; (b) the pilot certification requi rement; and (c) the specific operating limitations. a. The Specificatio ns Of The DJI Phantom 2 UAS Demonstrates Its Safe

Characteristics.

The DJI Phantom 2 UAS do es not create a haz ard to users of the NAS or the public, or otherwise pose a threat to na tional security considerin g its size, weight, speed, and operational capabilit y.i. Technical Specifications Of The DJI Phantom 2 UAS

. The technical specifications of the DJI Phantom 2 UAS is set forth by the DJI

Phantom 2 Specifications and Data Sh eet, att ached hereto as Exhibit A

. ii. The DJI Phantom 2 UAS’ Autonomous Flight And Navigation Modes Enable

The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 2 UAS may be ope rated in both manual and fully autonomous flight modes. A c omplete description of the flight and navigational modes of the DJI

Phantom 2 UAS is provided at pages 25

- 35 of the DJI Phantom 2 User Manual, attached

hereto as Exhibit B

. iii. The DJI Phantom 2 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 2 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 UAS do es not reacquire control link data from the GCS, the UAS will assume that the Control Link is

lost and the UAS will return to the home position (i.e., failsafe mode ) via GPS, and will

descend to the takeoff position and shutdown. A complete description of the Failsafe

Functions of the DJI Phanto m 2 UAS are set forth at pages 27 through 29 of the DJI

Phantom User Manual, attached hereto as Exhibit B

. iv. The DJI Phantom 2 GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 2 GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom

2 User Manual

. DJI Phantom 2 User Manual is atta ched hereto as Exhibit B.

b. Flight Operations Of DJI Phantom 2 UAS is Limited To The Line Of Sight Of A

Certificated Pilot in Command With A S afety Observer.

MARK DICONZO will only utilize certificated pilots who possess a current and

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

2 UAS . Additionally, a safety observer will assist all pilots during flig ht time. c. Flights Of DJI Phantom 2 UAS Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, MARK DICONZO proposes to commercially operate

the DJI Phantom 2 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to th e 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 maxi mum gross weight: DJI Phantom 2 Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petiti on 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 UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA S 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 infeet AGL.

5. The UAS 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 un aided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued ai rman medical cer tificate.

6. The use of first person view (FPV) by the PIC or safety observe r (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 cap ability. The SO and

PIC must be able to communicate verbally at all times. Electronic messagi ng or texting is not permitted during flight operations. The PIC must be designated before the fli ght

and cannot transfer his or her designation for the duration o f the flight. The PIC must

ensu re that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstac les/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 re quest. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the oper ating documents, the conditions and limitations contained in the grant o f exemption take precedence and must be followed. Otherwise , the oper ator
must follow the procedures as outlined in its operatin g documents. The ope rator may update or revise its operating documents. It is the operator’s responsibility to t rack such revisions and present updated and revised documents to the Administrator up on request. The operator must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator determin es that any update or revision would affect the basis upon which the FAA granted the exe mption, then the operator must petition for amendment to its grant of exemption. The FAA’s

U AS Integration Office (AFS

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

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condit ion

f or safe flight. If the inspection reveals a condition that affects the safe op eration of the
UAS, the aircraft is prohibited from operating until the necessary main tenance has been performed and th e UAS is found to be in a condition for safe flight. The Ground Control

Station must be included in the preflight inspection. All maintenance an d alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone mainten ance or a lterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional tes t flight must make an entry in the a ircraft records. 12. The pre

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

oper ating documents. 13. The operator must follow the UAS manu facturer’s aircraft/component, maintenance,overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, i nspections, and record keeping requirements, in accordance with the operating documents. Main ten ance, inspection,
alterations, and status of replacement/overhaul component parts must be noted in t he aircraft records, including total time in service, description of work accompli shed, and the signature of the authorized person returning the UAS to s ervice.

15. Each 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 discrepancies discovered between in spections. 17. The PIC must possess at least a private pilot certificate and at least a current third

class medical certificate.

18. The operator may not permit any PIC to operate unles s the PIC meets the operator’s qualification criteria and demonstrates the ability to safe ly 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 f rom persons, vessels,

vehicles and structures. PIC qualification flight hours must be logged in a manner

consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operation s may only be conducted dur ing dedicated training sessions. During training, proficiency, and experience

- buildin g flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants i n accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA offi ce closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not

authorized.

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

denoted on a current FAA

- published aeronautical chart unless a letter of agreement with

that airport’s management is obtained, and the operation is conduc ted in accordance with

a NOTAM as required by the operator’s COA. The letter of agreement wi th the air port
management must be made available to the Administrator upon request.

21. The UA S 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 S loses communications or loses its GPS si gnal, it must return to a pre

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

accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredict ed obstacles or emergencies in accordance with the operating documents.24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the

int ended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organizati on (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. Thi s COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hou rs prior to the operation. All operations shall be conducted in accordance with airspace requ irements in

the ATO issued CO A including class of airspace, altitude level and potential transponder requirements.

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

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

27. Before conducting operations, the radio frequency s pectrum used for operation and control of the UA must comply with the Federal Communic ations Commission (FCC) or

other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official

upon request.

29. The UA must remain clear and yield the right of way to all man ned aviation operations and 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 P IC, SO, operator trainees or essential persons), ves sels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from t he UA and/or debris in the event of an accident. The operator must

e nsure that nonparticipating persons remain under such protectio n. If a situation

arises where nonparticipating persons leave such protection and are wit hin 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated n ear vessels, ve hicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission

and the PIC ha s made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or c ontrolled

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

conducted. 33. Any incident, accident, or flight operation that transg re sses the lateral or vertical boundaries of the operational area as defined by the applicab le COA must be reported to

the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Acc idents must be reported to the National Transportation Safety Board (NTSB) pe r instructions c ontained

on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 6 1.113(a) And (b) Would Not Adversely Affect Safety.

MARK DICONZO submits that the equivalent level of saf ety established by Sect ion 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI

Phantom 2 UAS unless that PIC has de monstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to sa fely operate the DJI Phantom 2 UA S in a

manner consistent with the ex emption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering MARK DICONZO ’s proposed area of operations, and the operating

limitations set forth

- above; the parallel nature of privat e pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary t o safely operate the DJI Phantom 2 UAS

, MARK DICONZO submits that the additional manned airmanship experience of a comme rcially certificated pilot would not correlate to the airmanship skills necessary for MARK DICONZO ’s specific proposed flight operations

. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those present ed herein (e.g. Exemption Nos.
11062, 11063, 11064, 11065, 11066, 11067, 11080, 111 09, 11110, 11112 , 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). MARK DICONZO will not allow any PIC to operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting min imum flight

hour requirements and the DJI Phantom 2 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent with this exemption, including evasive a nd emergency maneuvers and maintaining appropriate distances from people, vess els, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a ma nner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same

make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during MARK DICONZO ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated a nd logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumul ated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hourrequirements to be inclusive rather than additive; i.e. 5 ho urs make and model time may be

included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the precedin g 90 days (for currency purposes). The FAA finds that at a minimum, the flighthour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations.

The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to acc omplish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in acc ordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, MARK DICONZO will ensure safe operati ons by not allowing any PIC to operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight

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

in a manner consis tent with th e exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

CONCLUSION

MARK DICONZO seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (F MRA), which will permit safe operation of

the DJI Phantom 2 UAS commerci ally, without an airworthiness certificate, for the limited purpose of conducting aerial vide o and photography over ce rtain areas of the United States. By granting this Petition, the FAA Admini strator will be fulfilling the Congressional mandate of the

FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing MARK DICONZO to s afely, efficiently, and economically operate the DJI

Phantom 2 UAS commercially within the NAS. Therefore , in accordance with the Federal

Av iation Regulations and the FAA Modernization and Reform Act of 2012, Section 333,

MARK DICONZO respectfully requests that the Administrator grant this Petition for an exempti on from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91. 405(a), 91.407(a)(1), 91.409(a) (1) & (a)(2), and 91.417(a) & (b), and permit Beautiful Demon Photography to operate the DJI Phantom 2 UAS commercially for the purpose

of conductin g aerial video and photography over certain areas of the United States.

Dated: June 30 , 2015 Submitted by

MARK DICONZO

BEAUTIFUL DEMON PHOTOGRAPHY

21

- 62 CRESCENT STREET

APARTMENT C1
ASTORIA, NY 11105 (207)

- 807

- 7522Email: mark@beautifuldemonphotography.com

Appendices:

A

– DJI P hantom 2 Specifications Data Sheet

B

– DJI Phantom 2 Manufacturer’s User Manual(s)

C

– Monthly Maintenance Log

APPENDIX

– A

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS

MARK DICONZO only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

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

1.1 DJI Phantom 2

1.2 1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJI 5200M AH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included)

– 2.20462 lbs ( 1000 g) 1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

- 200/s 1.1.1.5 Max Tilt Angel

- 35 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; D ynamic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 1.1.2.3 Controllable Range

– Pitch:

- 90

- 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90/s1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32F

- 104F (0C

- 40C)

1.1.3.2 Sensor Size

– 1/2.3‖

1.1.3.3 Effective Pixels

– 12 M P

1.1.3.4 Resolution

– 4 000 x3 000 4.1.3.5 HD Video Recording

– GoPro Hero4 Black

– 1080p30 , 2.7k, 4k, & 720p

- H.264 / AVC 4.1.3.6 Recording Field of View

- 110/85

APPENDIX

- B

DJI PHANTOM 2 U S E R MA N UA L

h t t p : / / w w w

. d ji

. c o m/ p r o du ct / ph a n t o m

- 2/ d o wn l o ad

APPENDIX

- C

DJI PHANTOM 2 U S E R MA N UA L