# Katten

Katten MuchinRosenman up

2900 K Street NW

North Tower

- Suite 200

Washington, DC 20007-5118

202.625.3500 tei

www.katteniaw.com

T imothy J. L ynes

timothy.lynes@kattenlaw.com

202.625,3686 direct

202.295.1118 fax 

### July 27, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Exemption Request Pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation

Regulations Re:

Dear Sir or Madam:

On behalf of FlyByHire, EEC ( “ FlyByHire ” ), pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 (the “Reform Act ” ) ( “ Section 333 ” ), Subsection (f) of

49 U.S.C. § 44701, and 14 C.F.R. Part 11, we request an exemption from the Federal Aviation

Administration regulations listed below and discussed in Appendix A to allow FlyByHire to

conduct commercial operations with the DJI Phantom 3 Professional (the “ Phantom ” ) ’ small

unmanned aircraft systems (the “ sUAS ”) for the collection of aerial data^ and UAS training.^

Conducting the requested sUAS operations can be done safely in the National Airspace System

( “ NAS ” ) and is in the public interest for several reasons, which are detailed further herein and

include: (1) providing access to affordable aerial imaging and surveying, (2) improving the

efficiency of the business operations of FlyByHire ’ s customers, and (3) deterring the unsafe and

unauthorized entrance into the NAS of sUAS by untrained and unlicensed operators.

1 The Phantom already has been approved for commercial use in similar contexts. See Exemption Nos. 1 1293A,

11403A, 11481, 11944.

^ Aerial data collection includes aerial photography, videography, and surveying using instruments attached to the

sUAS. See Exemption No, 11944, n.2.

^ The FAA has granted similar exemptions. S'ee Exemption Nos. 12156, 12153, 12152, 12118.

AUSTIN CENTURY CITY CHARLOTTE CHICAGO HOUSTON IRVING LOS ANGELES

NEW YORK ORANGE COUNTY SAN FRANCISCO BAY AREA SHANGHAI WASHINGTON, DC

LONDON: KATTEN MUCHIN ROSENMAN UK LLP

A limited liability partnership including professional corporations

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### A pplicant 

### I nformation 

### : I.

The name of the applicant is: FlyByHire, LLC

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

Judah Rifkin

FlyByHire, LLC

9 Robin Way

Great Neck NY 11021

II, E xemptions 

### R equested



### FlyByHire requests exemptions from the following regulations:

14 C.F.R. Part 21, Subpart H;

14 C.F.R. 61.23(a) and (c);

14 C.F.R. 61.101 (e)(4) and (5);

14 C.F.R. 61.1 13(a) and (b);

14 C.F.R. 61.315(a);

14 C.F.R. 91.7(a);

14 C.F.R. 91.119(c);

14 C.F.R. 91.121;

14 C.F.R. 91.151(a);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(1) and (2); and

14 C.F.R. 91.417(a) and (b).

III. A irworthiness of the s 

### UAS

The Phantom is a quadcopter aircraft with a gimbal-mounted camera manufactured by DJI (the

“ Manufacturer ” ), one of the leading global manufacturers of sUAS. The Phantom has been

authorized to conduct commercial operations under several Section 333 exemptions."*

Technical specifications for the Phantom are summarized in the table below.

Y ’ ee supra note 1.

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### DJI Phantom 3

350mm Diagonal Distance

1280g Total Weight

5 m/s Max Ascent Speed

Max Descent Speed 3 m/s

16 m/s Max Flight Speed

______ Controller Frequency

(Main Channel)

________ Controller Range

______ Battery Capacity and

Voltage

_______________ Failsafe Return-to-Home

(RTH) Function

_______ 2.400-2.483 GHz

(FCC Compliant)

2000 m

4480mAh-15.2V

Yes

The Manufacturer provides a comprehensive suite of training manuals, maintenance procedures

and user ’ s guides for the Phantom (collectively, the “ Operating Documents ” ).^ PICs will be

required to comply with all maintenance and inspection procedures outlined in the Operating

Documents.

IV. O perating 

### C onditions



### FlyByHire requests an exemption subject to the conditions listed in Appendix B, which are

similar to the operating conditions required for the FAA ’ s previous grants of exemptions under

Section 333. In accordance with the conditions approved in previous exemption grants,

FlyByHire is requesting authority to operate the Phantom within visual line of sight and below

400 feet AGL, except as provided by FAA Air Traffic Control via a Certificate of Waiver of

Authorization ( “ COA ” ). These operating conditions, along with those listed in Appendix B, and

the sUAS safety features listed below provide an equivalent level of safety.

The following safety features are incorporated into the Phantom to ensure public safety and safe

integration into the NAS :

• Stability Control with Auto-Takeoff and Auto-Land: The automated flight-control

system can take off and land automatically, and the system autocorrects the aircraft ’ s

position to adjust for environment disturbances such as wind. The Phantom also has a

new airbraking feature.

• Intelligent Orientation Control (IOC) and Inertial Measurement Unit (IMU): The built-in

inertial sensor and barometric altimeter measures orientation and altitude, respectively,

and communicates this data back to the controller.

• Live Map and Radar with Failsafe & Battery Warnings: The controller displays a live

^ The Phantom Operating Documents are attached in Appendix C

.

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### map and radar to show the aircraft ’ s recent flight path, heading, bearing and distance

from “ home ” (a predetermined start location within the boundaries of the privately

owned property) for complete situation awareness. It also illustrates battery status and

low-battery warnings with estimated time to return “ home ” to alert the PIC and ensure

that the aircraft does not power down unexpectedly during use.

• LED Flight Indicators: LED lights are mounted to the four rotor arms of the sUAS to

visually indicate aircraft orientation (attitude) and status of the flight control system,

alerting the PIC of possible issues.

• Maximum Height and Radius Limits: Before beginning flight, the PIC may set a

maximum altitude and distance that prevent the sUAS from exceeding altitude limits and

distance from “ home. ”

• Flight-limited Safety Zones: For safety reasons, sUAS flights are limited by default,

which helps the PIC operate the sUAS safely and legally. The sUAS flight software

comes loaded with a list of restricted areas and flight limitations. Such restricted areas

and flight limitations include height limits, distance limits, and No-Fly Zones, each of

which function concurrently in the default setting for the sUAS. All No-Fly Zones are

listed on the Manufacturer ’ s website, and the list is continuously updated.^ No-Fly Zones

are divided into Airports and Restricted Areas. Airports include major airports and flying

fields where manned aircraft operate at low altitudes. Restricted Areas include border

lines between countries, major cities, or other security-sensitive areas. Airports and

Restricted Areas are comprised of a no-fly zone in which the sUAS cannot be operated

and a warning zone surrounding the no-fly zone in which the PIC is alerted to the

sUAS ’ s proximity to a restricted area. Take-off is prohibited within the no-fly zone, and,

by default, the sUAS will automatically land when the aircraft enters such no-fly zone.

Additional details regarding the safety zones can be found in the Phantom manual,

attached as Appendix C

.

• Loss of lipJc. The P.etum-to-Home ( “ P.TH ” ) feature signals the sUAS to autom.atically

return to “ home ” if communication between the controller and aircraft is lost. Smart

RTH allows the PIC to command the aircraft to return home by tapping the RTH button

on the remote controller. Low Battery RTH is triggered when the battery is depleted to a point that may affect the safe return of the aircraft. When a low-battery warning is given,

the aircraft will automatically return home if no action is taken after a 10-second

countdown. Thresholds for the low-battery warnings are automatically determined based

on the aircraft ’ s current altitude and distance from the home point. Failsafe RTH is

automatically activated if the remote controller signal is lost for more than 3 seconds. If

the signal is re-established, then the PIC may regain control of the sUAS. If the signal

cannot be re-established, the aircraft will return to the home point and hover for 5

seconds before landing.

Available at http://flvsafe.dii.com/no-flv

.

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### • Loss of GPS. If a loss of GPS occurs, the PIC maintains positive control of the aircraft

and can either land the sUAS, hover in place until GPS is reacquired, or continue the

flight as a result of the sUAS ’ s Vision Positioning System. Vision Positioning is activated

automatically when the sUAS is turned on. If the Vision Positioning System is

unavailable, the PIC maintains positive control of the aircraft using its barometer for

positioning until the link to GPS and/or the Vision Positioning System is reconnected.

Additionally, the sUAS has the ability to abort a flight in the event of unpredicted

obstacles or emergencies.

• Flight recorder. The flight recorder automatically records and saves critical flight data

from each flight to the onboard storage device.

V. O perator 

### R equirements



### As a condition to the grant of the exemptions, FlyByHire will require that the PIC hold either an

airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also

hold a current FAA airman medical certificate or a valid U.S. driver ’ s license issued by a state,

the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The

PIC will 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.

At the conclusion of the training, the PIC will be able to safely operate the sUAS in a manner

consistent with how the UAS will be operated under this exemption, ineluding evasive and

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

and structures. This training will include the following, to the extent necessary for the

operations:

1. Perform an appropriate number of flights with the specific sUAS to be operated to

obtain proficiency.

2. Successfully learn and demonstrate all relevant flight m.aneuvers in the PhantomPilot Training Guide.

3. Study and be knowledgeable of all relevant sections of the Phantom 3 Professional

Quick Start Guide, User ’ s Manual, Safety Guidelines, Battery Safety Guidelines, and

other relevant applieable manuals, updates, alerts, warnings and safety bulletins

provided by the Manufacturer for the Phantom 3 Professional.

Training flights will be conducted over private or controlled-aceess property, including but not

limited to FlyByHire ’ s principal place of business, which is located at 9 Robin Way in Great

Neek NY 11021. Training flights will be logged for eaeh PIC in training in a manner eonsistent

with 14 CFR § 61.51(b).

FlyByHire respectfully submits that the operator qualifications take into aeeount the operating

conditions and characteristics of the sUAS.

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### VI. P ublic 

### I nterest



### FlyByHire respectfully submits that using the sUAS to provide UAS training and collect aerial

data, such as aerial photography, videography, and surveying, offers a net safety benefit and will

achieve an enhanced level of safety, as mandated under Section 333(c) of the Reform Act.

Approval of this application also will benefit the public interest by providing safe entry into the

NAS of sUAS operations and deterring unauthorized and unsafe UAS operations.

The use of conventional manned aircraft involve very heavy aircraft, transiting to the operational

location, carrying significant quantities of combustible fuels, and a multi-person crew in piloting

and observation roles. By contrast, the sUAS weighs less than three pounds, uses a battery for

power, is carried to and from the area of activity, removes the need for airborne pilots and

observers, and poses less risk to people and infrastructure on the ground, as well as other aircraft.

Additionally, no national security issue is raised by the grant of the requested exemption due to

the sUAS ’ s small size and minimal load-carrying capacity, as well as its operational limitations

and lack of flammable fuel. All PICs will have been screened by the Department of Homeland

Security.

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, and the significant public benefit, and cost savings to be realized as a result

of the use of the sUAS for the collection of aerial data. Accordingly, the applicant respectfully

requests that the FAA grant the requested exemption without delay.

VII. P rivacy 

### C oncerns



### The proposed operations will take place only over private or controlled-access property and only

after obtaining written or verbal consent from the individual who owns or controls the property

or is the property owner ’ s authorized representative before each flight. No privacy issues are

raised by this application.

’ Pursuant

to 49 U.S.C. § 44701(f), the “ Administrator may grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any of sections 44702-44716 of this title if the

Administrator finds the exemption is in the public interest. ”

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### VIII. F ederal 

### R egister 

### S ummary



### Pursuant to 14 C.F.R. § 11 .81(f), the following summary is provided for publication in the

Federal Register, should the FAA determine that publication is needed:

Docket No.: No. FAA-2015-

Petitioner : FlyByFIire, LLC

Sectionts) of 14CFR : Part 21, Subpart H; § 61.23(a) and (c); § 61.101(e)(4) and (5);

§ 61.113(a) and (b); § 61.315(a); § 91.7(a); § 91.119(c); § 91.121; § 91.151(a); §

91.405(a);

§ 91.407(a)(1); § 91.409(a)(1) and (2); and §91.417(a) and (b).

Description of Relief Sought : FlyByHire seeks an exemption to conduct commercial

aerial data collection and UAS training operations using a small unmanned aircraft (55

pounds or less) described herein.

Timothy J. Lynci

Judah Rifkin cc:

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### APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

FlyByHire requests an exemption from the following regulations as well as any additional

regulations that the FAA deems necessary to the operation of the DJI Phantom 3 Professional

sUAS:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

Tile 14, Part 21, Subpart H of the Code of Federal Regulations establishes the procedural

requirements for the issuance of airworthiness certificates as required by § 91.203(a)(1). Given

the size and weight of the aircraft, the operating conditions, design safety features, and the

proposed conditions and limitations, it is unnecessary to go through the certificate of

airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels. Such

an exemption meets the requirements of an equivalent level of safety under Part 11 and Section

333. Section 333 authorizes the FAA to exempt aircraft from the requirement for an

airworthiness certificate, upon consideration of the size, weight, speed, operational capability,

and proximity to airports and populated areas of the sUAS involved.

In this case, an analysis of these criteria demonstrates that the sUAS operated without an

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer,

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The

Phantom weighs 2.82 pounds. It will not carry a pilot, passenger or flammable fuel. It will

operate exclusively within a controlled area pre-disclosed and in compliance with the conditions

set forth herein. Unlike other civil manned aircraft operations, operations under this exemption

will be tightly controlled and monitored by the PIC and visual observer, pursuant to the

conditions set forth in Appendix B, the Operating Documents, and local public safety

requirements. The FAA will have advance notice of all operations, to the extent required,

through the filing of NOTAMs. The lack of flammable fuel and the fact that the aircraft is carried

to the location and not flown there all establish an equivalent level of safety. The sUAS provides

at least an equivalent level of safety to that of such operations being conducted with conventional

aircraft that would be orders-of-magnitude larger and would be carrying passengers, cargo, and

flammable fuel.

14 C.F.R. § 61.23 (a) & (c)

Section 61.23(a) requires a person exercising the privileges of a transport pilot certificate to hold

a first-class medical certificate, the privileges of a commercial pilot certificate to hold a secondclass medical certificate, and the privileges of a private or recreational pilot certificate to hold a

third-class medical certificate. Section 61.23(c) requires a person to hold a medical certificate or

U.S. driver ’ s license when exercising the privileges of a sport pilot certificate in a light-sport

aircraft other than a glider or balloon.

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### The operations proposed herein will provide an equivalent level of safety by complying with the

conditions and limitations of this exemption. The FAA has found that these conditions and

limitations provide an equivalent level of safety in numerous previous exemptions, including but

not limited to Exemptions 11213, 11252, 11275, 11277, and 11278.

14 C.F.R. § 61.101 (e)(4) & (5): Recreation Pilot Privilege and Limitations; 14 C.F.R. §

61.315(a): What are the privileges and limits of my sport pilot certificate

Section 61.101(e)(4) prohibits a recreational pilot from acting as pilot in command of an aircraft

for compensation or hire. Section 61.101(e)(5) prohibits a recreational pilot from acting as pilot

in command of an aircraft in furtherance of a business. Section 61.315(a) authorizes persons

holding a sport pilot certificate to act as pilot in command of a light-sport aircraft.

As with previous Section 333 exemptions,^ an equivalent level of safety is established because

(1) the aeronautical knowledge requirements that would be applicable to UAS operations for a

recreational pilot and sport pilot certificate were substantially similar as those for a private pilot

certificate; (2) holders of recreational and sport pilot certificates are subject to security screening

by the Department of Homeland Security; and (3) risk was mitigated through conditions and

limitations regarding PIC training.

14 C.F.R. §§ 61.113(a) & (b): Commercial Pilot Privileges

Sections 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a

conventional aircraft that carries a pilot, passengers, and cargo, the UAS are remotely controlled

with no passengers or property of others on board. The area of operation is controlled and

restricted, and all flights are planned and coordinated in advance as set forth in the Operating

Documents. In conjunction with the PIC ’ s required training, the level of safety provided by the

requirements included in the Operating Documents meets or exceeds that provided by a single

individual holding a commercial pilot certificate operating a conventional aircraft. The proposed

operations will achieve at least an equivalent level of safety.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Section 91.7(a) prohibits an individual from operating a civil aircraft unless it is in an airworthy

condition. No FAA standard exists for determining an aircraft ’ s airworthiness when an

airworthiness certificate is not issued. As the FAA has done with previous exemption grants,^

airworthiness will be ensured and an equivalent level of safety will be achieved by compliance

with the Operating Documents prior to every flight.

^See, e.g., Exemption Nos. 11310, 11311, 11312, 11313, 11315.

Exemption Nos. 11156, 11158, 11159.

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### 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, Section

91.119(c) limits aircraft flying over areas other than congested areas to 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.

Because the collection of aerial data must be accomplished at altitudes less than 500 feet AGL

an exemption is required.

The equivalent level of safety will be achieved given the sUAS ’ s size, weight, speed, and

proposed operating conditions. sUAS operations will be conducted over private or controlledaccess property with consent granted by the property owner/controller or authorized

representative prior to each operation.

14 C.F.R. § 91.121: Altimeter Setting

Section 91.121 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. ” The Phantom ’ s Inertial Measurement Unit has

barometric altimeters, but they cannot be set to the elevation of the departure location. Rather,

upon initialization, the sUAS calibrates its positions without user input and transmit a single

altitude measurement to the ground station. Thus, an exemption is required. An equivalent level

of safety will be achieved by the operator, pursuant to the Operating Documents, confirming the

altitude of the launch site shown on the altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning “ a flight in an airplane 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

- (1) During the day,

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. ”

The Phantom battery provides approximately 25 minutes of powered flight. Without an

exemption from 14 C.F.R. § 91.151, the sUAS flights would not be allowed. Given the

limitations on its proposed operations, allowing the sUAS to operate without the required

reserve fuel is reasonable and is consistent with prior exemptions.An equivalent level of

safety will be achieved because operating the sUAS without 30 minutes of reserve fuel does not

engender the type of risks that Section 91.151(a) was meant to prevent given the size and speed

at which the sUAS operates. In the unlikely event that a sUAS should run out of battery power,

it would simply land. Given the sUAS ’ s weight and construction material, the risks are less than

contemplated by the current regulation via Low Battery Return-to-Home, Failsafe Return-toExemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)); see

also Exemptions 2689F, 5745, 10673 and 10808.

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### Home and Auto-Land features. FlyByHire will require the UAS to return home and land when

the battery reaehes 30% capacity.

14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) & (b): Maintenance

Inspections

Section 91.405(a) requires that an aircraft operator or owner “ 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. ” Section 91.407 similarly makes reference to requirements in Part 43. Section

91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate.

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and

records of approval of the aircraft for return to service.

An equivalent level of safety will be achieved by complying with the maintenance and

inspection requirements in the Operating Documents because the sUAS will carry no external

payload, will operate only in restricted predetermined areas. In addition, the PIC will ensure that

the sUAS is in good working order prior to initiating flight, perform required maintenance, and

keep a log of any maintenance that is performed. Moreover, the PIC is the person most familiar

with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to

ensure an equivalent level of safety.

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### APPENDIX B

FLYBYHIRE OPERATING LIMITATIONS

Operations authorized by the grant of exemption are limited to the following aircraft: DJI

Phantom 3 Professional, which weighs 2.82 pounds. 1)

The DJI Phantom 3 Professional shall not be flown at a speed exceeding 16 m/s. 2)



### The sUAS shall not be operated at an altitude more than 400 feet above ground level

( “ AGL ” ). All altitudes reported to ATC shall be in feet AGL. 3)



### The sUAS must be operated within visual line of sight 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. 4)



### All operations must use a VO. The VO and PIC must be able to communicate verbally at

all times. The PIC must be designated before the flight. The PIC must ensure that the VO

can perform the functions prescribed in the operating documents. 5)



### The Operating Documents and a grant of the exemption requested hereunder must be

accessible during UAS operations and made available to the Administrator upon request.

If a conflict exists between the conditions and limitations in the exemption and the

procedures outlined in the Operating Documents, the conditions and limitations in the

exemption take precedence and must be followed. Otherwise, FlyByHire must follow the

procedures as outlined in its Operating Documents. FlyByFIire may update or revise its

Operating Documents. It is FlyByHire ’ s responsibility to track such revisions and present

updated and revised documents to the Administrator upon request. FlyByHire must also

present updated and revised documents if it petitions for extension or amendment to this

grant of exemption. 6)

Prior to each flight the PIC must inspect the sUAS to ensure that it is in a condition for

safe flight. The PIC shall not operate the aircraft if the inspection reveals a condition that

affects the safe operation of the sUAS until the necessary maintenance has been

performed and the sUAS is found to be in a condition for safe flight. The Ground Control

Station, if utilized, must be included in the preflight inspection. All maintenance and

alternations must be properly documented in the aircraft records. 7)

8) 

### Any sUAS that has undergone maintenance or alterations that affect the sUAS operation

or flight characteristics (e.g., replacement of a flight critical component) must undergo a

functional test flight in accordance with the User ’ s Manual. The PIC who conducts the

functional test flight must make an entry in the aircraft records of the flight. The

requirements and procedures for a functional test flight and aircraft record entry shall be

included in the User ’ s Manual.

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### The pre-flight inspection must account for all discrepancies, e.g. inoperable components,

items, or equipment, not already covered in the relevant sections of the operating

documents. 9)

FlyByHire must follow the Manufacturer ’ s aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements. 10)

FlyByHire must carry out its maintenance, inspections, and record keeping requirements,

in accordance with the operating documents. Maintenance, inspection, alterations, and

status of replacement/overhaul component parts must be noted in the aircraft records,

including total time in service, description of work accomplished, and the signature of the

person authorized to return the sUAS to service. 11)

Each sUAS operated under this exemption must comply with all Safety Bulletins issued

by the Manufacturer. 12)

The 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 Columbia, Puerto Rico, a

territory, a possession, or the Federal government. The PIC must 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. 13)

FlyByHire may not permit any PIC to operate unless the PIC meets the operator ’ s

qualifieation criteria and demonstrates the ability to safely operate the sUAS in a manner

consistent with how the sUAS will be operated under this exemption, including evasive

and emergeney maneuvers and maintaining appropriate distances from persons, vessels,

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

manner consistent with 14 C.F.R. § 61.51(b). The PIC must ensure that the VO is trained

appropriately in order to fulfill his or her duties. A record of training and qualification

must be documented and made available upon request by the Administrator. FlyByHire

will seek to have flights for the purposes of training the operator ’ s PICs and VOs

(training, proficiency, and experience-building) permitted under the terms of the

requested exemption. However, any such training operations may only be conducted

during dedicated training sessions. During training, proficiency, and experience-building

flights, all persons not essential for flight operations will be considered nonparticipants,

and the PIC must operate the UA with appropriate distance from nonparticipants in

accordance with these operating conditions. 14)

Operations may not be eonducted during night, as defined in 14 C.F.R. § 1.1. All

operations must be condueted under visual meteorological conditions ( “VMC” ). Flights 15)

Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this

requirement.

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### under special visual flight rules ( “ SVFR” ) are not authorized.

The sUAS 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 conducted in accordance with

a NOTAM as required by FlyByHire ’ s COA. The letter of agreement with the airport

management must be made available to the Administrator upon request. 16)

The sUAS 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. 17)

If the sUAS loses communications or loses its GPS signal, the sUAS must return to a predetermined location within the private or controlled-access property. 18)

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

accordance with the Operator ’ s Manual. 19)

The PIC will be prohibited from beginning a flight unless (considering wind and forecast

weather conditions) there is enough power to fly at normal cruising speed to the intended

landing point and land the UA with at least 30% battery power remaining in accordance

with the operating documents. 20)



### All operations shall be conducted 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. 21)

All aircraft operated in accordance with the requested exemption must be identified by

serial number, registered in accordance with 14 C.F.R. Part 47, and have identification

(N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings shall

be as large as practicable. 22)



### The radio frequency spectrum used for operation and control of the sUAS must comply

with Federal Communication (FCC) or other appropriate government oversight agency

requirements. 23)



### The documents required under 14 C.F.R. §§ 91.9 and 91.203 must be available to the PIC

at the Ground Control Station of the sUAS at any time the aircraft is operating. These

documents shall be made available to the Administrator or any law enforcement official

upon request. 24)

The sUAS must remain clear and yield the right of way to all other manned operations

and activities at all times. 25)

The sUAS may not be operated from any moving device or vehicle. 26)

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### The sUAS may not be operated over congested or densely populated areas. 27)



### Flight operations must be conducted at least 500 feet from all nonparticipating persons,

vessels, vehicles, structures, and public access roads unless: 28)



### Barriers or structures are present that sufficiently protect nonparticipating persons

from the sUAS and/or debris in the event of an accident. The operator must

ensure that nonparticipating persons remain under such protection. If a situation

arises where nonparticipating persons leave sueh proteetion and are within 500

feet of the sUAS, flight operations must cease immediately and/or; a.

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 objeets and determined that it does not present

an undue hazard. b.

Operations nearer than 500 feet to the PIC, VO, operator trainees or essential persons as

defined in the operating documents are permitted if those operations do not present an

undue hazard to those persons per § 91.1 19(a) as determined by the PIC. 29)

All operations must be conducted over private or controlled-access property, with

permission from the property owner/controller or the authorized representative of such

person. Such permission will be obtained for each flight to be conducted, where required. 30)



### Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA shall be reported to

the FAA ’ s UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported

to the National Transportation Safety Board (NTSB) per instructions contained on the

NTSB Web site: www.ntsb.gov

. 31)

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### APPENDIX C

PHANTOM 3 PROFESSIONAL OPERATING DOCUMENTS

Phantom 3 Professional User Manual

Phantom 3 Professional Quick Start Guide

Phantom 3 Professional Safety Guidelines and Disclaimer

Phantom 3 Professional Intelligent Battery Safety Guidelines

Phantom Pilot Training Guide 1.

2.

3.

4.

5.