1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC Regulatory Docket No. _______________ **IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**LIVE FLORIDA REALTY LICENSE # BK3088844**  **CQ1028915 FOR AN EXEMPTION**  **SEEKING RELIEF 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 DJI PHANTOM 3,**  **UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112**  **- 95)**  Submitted on August 6 , 2015 LIVE FLORIDA REALTY CASEY TRAY, BROKER/OW NER 3214 GARDNER ROAD LAKELAND, FLORIDA 33810 (813) 389

- 0846 www.Livi ngFloridaRealty.com caseytray@gmail.com2 **TABLE OF CONTENTS** Page

GLOSSARY OF ABBREVIATIONS...............

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

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

.............................. 4 BASIS FOR PETITION..........................................................................

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

........... 6 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM W HICH LIVE FLORIDA REALTY SEEKS EXEMPTION................................

......................... ........ .6 THE EXTENT OF RELIEF LIVE FLORIDA REALTY SEEKS AND THE REASON LIVE FLORIDA REALTY SEEKS THE RELIEF.........................

.......... 10 THE REAS ONS WH Y GRANTING LIVE FLORIDA REALTY’S REQUEST WO ULD BE IN THE PUBLIC INTEREST .........

................................................... ............ .12 THE REASONS WH Y GRANTING THE EXEMPTION W OULD NOT ADVERSELY AFFECT SAFETY..............................................................................

.......... 15 CONCLUSION.............

.......................................................................... ............................. 213 **GLOSSARY OF ABBREVIATIONS**

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicl e 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 VM C Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4

**SUMMARY** LIVE FLORIDA REALTY 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 to LIVE FLORIDA REALTY operate an Unmanned Aircraft System (UAS) for the commercial pur pose of conducting aerial video and photography for real estate photography, and real estate fly

- over video over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** My name is CASEY TRAY , and I am the owner and broker of LIVE FLORIDA REALTY, a licensed realty company. LIVE FLORIDA REALTY has experience and knowledge in o perating multiple types of UASs along with camera set up and operation. LIVE FLORIDA REALTY also provides clients with the highest quality digital content for use in their commercial real estate listings The objective of LIVE FLORIDA REALTY’S ’ aerial video and photography operations is to provide high quality imaging for a variety of commercial, and residential uses. LIVE FLORIDA REALTY will also provide kn owledge of UAS and promote safe UAS operations.

**BACKGROUND** LIVE FLORIDA REALTY seeks an e xemption to operate DJI Phantom 3 for compensation or hire within the NAS. The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2 pounds 14 ounces, while having a length of 1 6 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 3 that will be operated by LIVE FLORIDA REALTY 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.5

**BASIS FOR PETITION** Petitioner, LIVE FLORIDA REALTY , 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 System s , hereby petitions the Administrator to commercially operate the DJI Phantom 3 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), 91.40 9(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, LIVE FLORIDA REALTY ’S operation of DJI Phantom 3 UAS meets the conditions of FMRA Secti on 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, LIVE FLORIDA REALTY requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as the se sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. LIVE FLORIDA REALTY submits that the requested relief is proper since an equivalent level of safety will be ensured. LIVE FLORIDA REALTY will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents as listed in the DJI Phantom 3 Instruction Manual . Furth ermore, LIVE FLORIDA REALTY will document and maintain all maintenance records for the DJI Phantom 3 UAS

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by L IVE FLORIDA REALTY to the extent necessary to allow a Pilot in Command (PIC) who has demonstrated, by meeting minimum flight

- hour requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. LIVE FLORIDA REALTY seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, LIVE FLORIDA REALTY submits that that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight , by determining that the UASs are in compliance with t he operating documents as listed in the DJI Phantom 3 Instruction Manual, and that the aircraft is in a condition for safe flight.6

LIVE FLORIDA REALTY also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 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 informatio n, combined with LIVE FLORIDA REALTY ’S operation of the DJI Phantom 3 DJI UAS within visual line of sight, at o r below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, LIVE FLORIDA REALTY seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. LIVE FLORIDA REALTY submits that safety will not be affected by operation of the DJI Phantom 3 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 min utes 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, LIVE FLORIDA REALTY provides the following information in support of its petition for exempt ion:

**A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is: Casey Tray c/o LIVE FLORIDA REALTY 3214 Gardner Road Lakeland, Florida 33810 (813) 389

- 0846 Email: caseytray@gmail.com

**B. The Specific Sections of 14 C.F.R. From Which LIVE FLORIDA**  **REALTY Seeks Exemption.**  **1. LIVE FLORIDA** 

**REA LTY** **Seeks Exemption from the Requirements of Section 61.113(a) A** **nd (b).**7

(a) Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:
(i) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an airc raft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (ii) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— a. The flight is only incidental to that business or employment; and b. The aircraft does not carry passengers or property for compensation or hire.

**2. LIVE FLORIDA** 

**REA LTY**  **Seeks Exemption from The Requirements Of Section 91.7(a).**  (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 condition.

**3. LIVE FLORIDA** 

**REA LTY**  **Seeks Exemption from The Requirements Of Section 91.1**  **21.** (a) Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (i) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altime ter that is set, when operating UAs Below 18,000 feet MSL, to: a. The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; b. If there is no station within the area of this section, the current re ported altimeter setting of an appropriate available station; or c. In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.8

**4. LIVE FLORIDA** 

**REA LTY**  **Seeks Exemption from The Requirements Of Section**  **91.151(b).** (a) Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (conside ring 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. **5. LIVE FLORIDA** 

**REA LTY** **Seeks Exemption from The Requirement Of Sec tion**  **91.405(a).** (a) Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (i) Shall have that aircraft inspected as required and shall between required inspections have discrepancies repaired as required. **6. LIVE FLORIDA** 

**REA LTY**  **Seeks Exemption from The Requirements Of Section 91.407(a)(1)**  (a) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following : (i) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless
-- a. It has been approved for return to service by a person authorized under § 43.7 of this chapter [.] **7. LIVE FLORIDA** 

**REA LTY**  **Seeks Exemption from The Requirements Of Sections 91.409(a)(1) A** **nd 91.409(a)(2).** (a) Section 91.409, entitled Inspections, subsection (a), states the following: (i) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had
-- a. 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 b. An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.9

**8. LIVE FLORIDA** 

**REA LTY** **Seeks Exemption from the Requirements of Sections 91.417(a)**  **and 91.417(b).** (a.) Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (i) 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: a. Records of the maintenance, preventive 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

-- 1. A description (or reference to data acceptable to the Administrator) of the work performed; and 2. The date of completion of the work performed; and 3. The signature, and certificate number of the person approving the aircraft for return to service. b. Records containing the following information:
1. The total time in service of the airframe, each engine, each propeller, and each rotor. 2. The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. 3. The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. 4. 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. 5. The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. 6. 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.10

c. The owner or operator s hall retain the following records for the periods prescribed: 1. The records specified in paragraph (a) 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 spe cified in paragraph (a) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. 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 return to service.

**C. The Extent Of Relief LIVE FLORIDA REALTY**  **Seeks And The Reason LIVE FLORIDA REALTY**  **Seeks The Relief.**

**1. Extent of Relief LIVE FLORIDA**  **RE AL**  **TY Seeks and the Reason**  **LIVE FLORIDA REA**  **LTY Seeks Relief From Section 61.113(a) A**  **nd (b).**
(a) 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 who has met certain flight

- hour and currency requirements, 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) state that a private pilot may, for compensation or hire, act as PIC of an aircraft i n connection with any business or employment if: d. The flight is only incidental to that business or employment; and e. The aircraft does not carry passengers or property for compensation or hire.
As set forth more fully below, LIVE FLORIDA REALTY sub mits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that operator can demonstrate that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the ope rations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, LIVE FLORIDA REALTY submits that all flights of the DJI Phantom 3 UAS , conducted by the PIC pursuant to the grant of this Petition will berelatedl to the business11

of LIVE FLORIDA REALTY, and w ill not carry passengers or property for compensation or hire.

**2. Extent Of Relief LIVE FLORIDA**  **REA LTY**  **Seeks A nd The**  **Reason LIVE FLORIDA**  **REA LTY**  **Seeks Relief From Section 91.7(a).** (a) Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow LIVE FLORIDA REALTY to determine that the DJI Phantom 3, UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents as listed in the DJI Phantom 3 Instruction Manual

. LIVE FLORIDA REALTY seeks the requested relief because the DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, LIVE FLORIDA REALTY will ensure that the DJI Phantom 3 UAS is in airworthy condition based upon its compliance wit h the operating documents, such as Monthly Ma intenance Log, and conditions listed in the DJI Phantom 3 Instruction Manual prior to every flight, and further, de termine that the aircraft is in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent Of Relief LIVE**  **FLORIDA REA**  **LTY Seeks A**  **nd The Reason LIVE FLORIDA**  **REA LTY** **Seeks Relief from Section 91.121.** (a) Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), LIVE FLORIDA REALTY seeks the requested relief because the DJI Phantom 3UAS ’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent l evel of safety will be maintained since the DJI Phantom 3 is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS. **4. Extent Of Relief LIVE FLORIDA**  **REA LTY** **Seeks A nd The Reason**  **LIVE FLORIDA REA**  **LTY Seeks Relief From Section 91.151(b).** 12

(a) 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 Phantom 3 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 le ast 4.5 minutes. LIVE FLORIDA REALTY seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UAS will severely constrain the practicality of any aerial video or still photo flight operations that LIVE FLORIDA REALTY proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS operatin g documents, and LIVE FLORIDA REALTY’S proposed operating limitations, ensure that LIVE FLORIDA REALTY will safely operate the battery powered DJI Phantom 3 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 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. **5. Extent Of Relief LIVE FLORIDA**  **RE AL**  **TY Seeks A**  **nd The Reason LIVE FLORIDA**  **REA LTY** **Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), An**  **d 91.417(a) & (b).** (a) Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft wi th an airworthiness certificate, LIVE FLORIDA REALTY requests relief from these Sections because the DJI Phantom 3 UAS does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, LIVE FLORIDA REALTY will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating

. Furthermore, LIVE FLORIDA REALTY will document and maintain all maintenance records for the DJI Phantom 3 UAS

.
**D. The Reasons Why**

**Granting LIVE FLORIDA**  **RE AL**  **TY Request Would Be In The**  **Public Interest; That Is , How It Would Benefit The Public A**  **s A Whole.**  Granting the present Petition will further the public interest by allowing LIVE FLORIDA REALTY to safely, efficiently, and economically perform aerial video and photography of real estate properties over certa in areas of the United States. Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, crashes and accidents caused by pilot error and provide significant13

benefits to the economy. Notably, the benefits of LIVE FLO RIDA REALTY ’S proposed operation of the DJI Phantom 3 UAS will be realized without any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NA S.**  The DJI Phantom 3 UAS is battery powered and serve s as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestio n around airports caused by arriving and departing aircraft wi ll be reduced. The DJI Phantom 3 UAS do es not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety A nd**  **Efficiency Of The DJI Phantom 3**  **UA S** 
**.** Conducting aerial acquisi tions with the DJI Phantom 3 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 p ower and electric motors, the DJI Phantom 3 UAS produce s no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and ph otography

. The DJI Phantom 3 UAS would reduce the carbon footprint of aerial acquisitions, while also eliminating noise pollution, as the UAS is propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI P hantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, would be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct simi lar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **4. Performing A erial Video and Photography**  **Operations With The DJI Phantom 3**  **UA S**  **Will Benefit The Econo my**  **.**14

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

**5. There A re No Privacy**  **Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, LIVE FLORIDA REALTY ’S proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents, such as Aerial Operations Manual, Monthly Main tenance Log, and DJI Phantom 3 Instruction Manual which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why**

**Granting The Exemption Would Not A dv** **ersely A**  **ffect Safety, Or How The Exemption Would Provide A**  **Le vel Of Safety** 

**A t Least Equal To That**  **Provided By**

**The Rule From Which LIVE FLORIDA**  **RE AL**  **TY Seeks Exemption.**  **1. Reasons Why**

**The DJI Phantom 3 UA** **S Meet** **s The Conditions Of The FAA**  **Modernization and Reform A ct of 2012 (FMRA** **) Section 333.** (a) In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft an d its operation, LIVE FLORIDA REALTY ’S operation of15

the DJI Phantom 3 UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certific ate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, o r otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (i) In General.

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

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

— (a) which types of unmanned aircraft systems (UAS), if any, 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 nation al airspace system or the public or pose a threat to national security; and whether a certificate 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). (b) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall e stablish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, LIVE FLORIDA REALTY submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) The characteristics of the DJI Phantom 3 UAS ; (b) The pilot certification requirement; and (c) The specific operating limitations. **a. The Specifications Of The DJI Pha ntom 3**  **UA S**  **Demonstrate s**  **Its Safe Characteristics.** 16

The DJI Phantom 3, DJI Phantom 2 Vision+, and DJI Inspire 1 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, spee d, and operational capability. **i. Technical Specifications Of The DJI Phantom 3 UA** **S**
**.** The technical specifications of the DJI Phantom 3 is set forth by the attached DJI Phantom 3 Specifications and Data S heets

. **ii. The DJI Phantom 3 UA** **S Au**  **tonomous Flight A nd**  **Nav igation Modes Enable The**  **UA S**  **To Remain Within A Defined Operational A** **rea.** The DJI Phantom 3 UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided in the attached User Manual

. **iii. The DJI Phantom UA** **SIs Designed For A**  **utomatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  Wh en the Control Link is lost, the DJI UAS will remain stat ionary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does 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 Functi ons of the DJI Phantom 3 UAS is defined in the attached User Manual

. **iv. The DJI Phantom 3 and DJI Inspire 1 GCS A nd Its Operation.**  A complete descr iption of the operation and specifications of the DJI Phantom 3 GCS and flight control software is in the attached User Manual

. **b. Flight Operations Of DJI Phantom 3 UAS Is**  **Limited To The Line Of Sight Of A Certificated Pilot in Command With A**  **Safety Obs erver.**  LIVE FLORIDA REALTY will only utilize operators who comp ly with the FAA requirements to act as a pilot in command (PIC) of the DJI Phantom 3 UAS

. Additionally, a safety observer will assist all pilots during flight time. **c. Flights Of DJI Phantom 3**  **UA S**  **Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, LIVE FLORIDA REALTY proposes to commercially operate DJI Phantom 3 UAS for the specific purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:17

**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 max imum gross weight: DJI Phantom 3 u nmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. **2.** UAS operations under this exemption will be limited to conducting operations for the pu rpose 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 in feet 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 hu man vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate. **6.** The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. **7.** All operations must utilize a sa fety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight ope rations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. **8.** The SO must not perform an y other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. **9.** The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the pro cedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator ma y update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it18

petition s for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA ’s UAS 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 condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be inclu ded in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. **11.** Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. **12.** The pre
-flight inspection must account for all potential discrepancies, e.g. inoperable compo nents, items, or equipment, not already covered in the relevant sections of the operating documents. **13.** The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. **14.** The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft re cords, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. **15.** Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. **16.** The aut horized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. **17.** The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures . PIC qualification flight hours must be logged in a ma nner consistent with 14 C.F.R. 61.51(b). Flights for the purposes of training the19

operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted duri ng dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight **18.** Operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipan ts in accordance with 14 C.F.R. § 91.119. **19.** UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to prop osed area of operations. Flights under special visual flight rules (SVFR) are not authorized. **20.** The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA
- published aeronautical chart unless a letter of agre ement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. **21**
**.** The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. **22.** If the UA loses communications or loses its GPS signal, it must return to a pre

dete rmined 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 unpredicted 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 intended landing point and land the UA with 25% battery power remaining. **25.** The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Wa iver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 7 2 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. **26.** All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.20

**27.** Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications 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 upo n request. **29.** The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. **30.** The UAS may not be operated by the PIC from any moving device or vehicle. 31. **31.** Flight operations must be conducted a t least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating person s from the UA 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 such protection and are within 500 feet of the UA, flig ht operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). **32.** All operatio ns shall be conducted over private or controlled
- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducte d. **33.** Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB W eb site: www.ntsb.gov.21

**2. Reasons Why**

**an Exemption From The Requirements Of Section 61.113(a) and (b) Would Not A** **dversely A**  **ffect Safety**
**.** LIVE FLORIDA REALTY submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

hour and currency req uirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering L IVE FLORIDA REALTY ’S proposed area of operations, the operating limitations set forth

- above, and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, LIVE FLORIDA REALTY submits that the additional manned airmanship experience of a comm ercially certificated pilot would not correlate to the airmanship skills necessary for LIVE FLORIDA REALTY’S specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances simila r, in all material respects, to those presented herein. LIVE FLORIDA REALTY will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated the ability to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemp tion, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures . Specifically, the PIC must have accumulated and logged, in a manner 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 l andings in the preceding 90 days (for currency purposes). **CONCLUSION** LIVE FLORIDA REALTY seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressio nal mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing LIVE FLORIDA22

REALTY to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS. WH EREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, LIVE FLORIDA REALTY respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Section s 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 LIVE FLORIDA REALTY to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: August 21 , 2015 Submitted by CASEY TRAY