UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF :
FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

T ITLE 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 4 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTI ON 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on May 6th , 2016

Richard Eads R. Eads Photography 5523 Cypress Pt Schertz, Tx 78108 206

- 818

- 87482 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS.................................. .................................................3

SUMMARY...................................................................................................................... .....4

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

................. .............. ........4

BACKGROUND.....................................................................................

...................... ........5

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

................ ............... ......5

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

......................... .....8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH RICHARD EADS S EEKS EXEMPTION..............

............. ... ............. ..................... .......8

THE EXTENT OF RELIEF RICHARD EADS SEEKS AND THE REASON RICHARD EADS SEEKS THE RELIEF...........

............ . .....12

THE REASONS WHY GRANTING RICHARD EADS REQUEST WOULD BE IN THE PUBLIC INTEREST ...........................................

.... ...... . ..15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY............................................ ..............................18

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......32

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT RICHARD EADS REQUEST...

......... ...33

CONCLUSION...................................................................................... ..............................33

APPENDICES

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

AGL Above Ground Level
AOI Area of Interest
ATC Air Traffic Control
ATO Air Traffic Organization
AV Aerial Vehicle
CFR Code of Feder al 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 Notic e to Airman
PIC Pilot In Command
Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333
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 Landing4 SUMMARY

Richard Eads 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), 91.40 9(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

Richard Eads to operate an Unmanned Aircraft System (UAS) for the comme rcial purpose
of conducting aerial video and photography of construction sites, real estate, special

events, film sets, weddings and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Richard Eads provides his clients with expertise and knowledge in advanced
technologies and solutions to increase efficiency, productivity and effectiveness. Richard

Eads also provides his clients with the highest quality digital content for use in their
commercial, personal, and n on

- profit multimedia projects. Richard Eads has over 20 years
of professional experience in photograph y and videotaping. I have over 1 years
recreational/hobby experience in all aspects of aerial video an d photography. I have over 9
years law enforcement ( City of Seattle) operations and training of remote operated vehicles
for search and rescue and underwater evidence recovery. The objective of Richard Eads is
aerial video and photography operation s and to provide high quality imaging for a variety

of comme rcial, publi c, and residential uses, targeting:
Aerial inspections of public and private structures. Search and Rescue operations Aerial photography / videography of houses / residential and comm ercial buildings Aerial event photography/ videography Aerial ev ent filming Aerial Appraisals Real Estate Marketing5 Insurance Inspections of Home and Property Commercial Advertising Video and Photography Real Estate Photography and Videography FREE services offered to our community, firefighter and state officials Wild life management and Nature Monitoring

BACKGROUND
Unmanned Aircraft Systems: DJI Phantom 4 UAS Richard Eads seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 4 is a vertical takeoff and landing (VTOL) Unma nned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 4 has a maximum gross weight of 3 pounds 1380g , a length of 289.5mm , width of 289.5mm , height of 196mm , and a maximum s peed of approximately 20 m/s . The DJI Phantom 4 UA is equipped with four main rotors; Driven by Lithium Polymer battery powered electric motors. The DJI Phantom 4 UA that will be operated by Richard Eads is 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 Marking

. Registration number: FA3CX3979A

BASIS FOR PETITION

Petitioner, Richard Eads , 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 commercially operate the DJI Phantom 4 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).6 In consideration of the speed, weight, size, an d limited operating area associated
with the unmanned aircraft and its operation, Richard Eads ’s operation of DJI Phantom 4

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, Richard Eads 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.

Richard Eads submits that the requested relief is proper since an equivalent level of
safety will be ensured. Richard Eads will use experienced personnel or technicians to
perform maintenance, alterations, or pr eventive maintenance on the UAS using the
methods, techniques, and practices prescribed in the operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 4 Instruction Manual) ). Furthermore, Richard Eads will

document and maintain all maintenance records for the DJI Phantom 4 UAS

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot
privileges and limitations: Pilot in command , is requested by Richard Eads to the extent
necessary to allow a Pilot in Command (PIC) holding 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 4 UAS in a manner consistent with this exemption, includ ing evasive and
emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Richard Eads seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness
, because the DJI Phantom 4 UAS do not require an airworthiness certificate in7

accordance with 14 C.F.R. Part 21, Subpart H. As such, Richard Eads submits that he will

ensure that the DJI Phantom 4 UAS are in an airworthy condition, prior to every flight, by
determining that the UASs are in compliance with the operating documents (i.e., Monthly
Maintenance Log, and DJI Phantom 4 Instruction Manual), and that the aircraft are in a
condition for safe flight.

Richard Eads also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Setti ngs , as the DJI Phantom 4 UAS will not have a typical barometric

altimeter onboard. However, altitude information of the DJI Phantom 4 UAS will be
provided to the PIC via Global Positioning System (GPS) equipment and radio
communications telemetry data link, which downlinks from the UA to the GCS for active
monitoring of the flight path. This altitude information, combined with Richard Eads ’s
operation of DJI Phantom 4 UAS within vis ual line of sight, at or below 4 00 feet AGL, will
ensure a level of safety equ ivalent to Section 91.121.
Additionally, Richard Eads seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions

. Richard Eads submits
that safety will not be affected by operation of the DJI Pha ntom 4 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 13 .5 minutes to the first
point of intended landing and, assuming normal cruis ing speed, to fly after that for at least

4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Richard Eads provides the following
information in support of its petition for exemption:8

A. Name And Address Of The Petitioner.

The name and address of the Pe titioner and point of contact is:

Richard Eads 5 523 Cypress Pt Schertz, Tx 78108 206

- 818

- 8748 Email: Richard.Eads@reads.photography

. Readsphotography@gmail.com
B. The Spec ific Sections of 14 C.F.R. From Which Richard Eads Seeks Exemption.

1. Richard Eads Seeks Exempti on 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 certifi cate 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 private pilot may, for compensation or hire, act as P IC 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. Richard Eads Seeks Exemption Fr om 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 condition.

3. Richard Eads Seeks Exemption From Th e Requirements Of Section 91.121.
Section 91.121, entitled Altimeter settings , subsection (a), states the following, in

part:9 (a) 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 altimeter that is set, when operating

-- (1) 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 aircraft;

(ii) If there is no station within the ar ea 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 elevation of the departure airport or an appropriate alt imeter setting available before departure.

4. Richard Eads Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection
(b), states the following:
(b) No person may be gin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. Richard Eads Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following:
Each owner or operator of an aircraft

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

6. Richard Eads Seeks Exemption From The Requirements Of Section 9 1.407(a) (1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,
rebuilding, or alteration
, subsection (a) (1), states the following:10 (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. Richard Eads Seeks 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 unless, 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 issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. Richard Eads S eeks 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 o wner or operator shall keep the following records for the periods specified in paragraph (b) of this section:
(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

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

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and
(ii) The date of completion of the work performed; and
(iii) The signature, and certificate number of the person approving the aircraft for return to service.11 (2) Records containing the following information:

(i) The total time in servi ce of the airframe, each engine, each propeller, and each rotor.

(ii) The 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 inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The c urrent 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. If the AD or safety directive involves recurring action, the time and date w hen the next action is required.
(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
(b) The owner or operator shall retain the fo llowing records for the periods prescribed:
(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.
(2) The records specified in par agraph (a) (2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.
(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are re paired and the aircraft is approved for return to service.

C. The Extent Of Relief Richard Eads Seeks And The Reason Richard Eads Seeks The Relief.

1. Extent Of Relief Richard Eads Seeks And The Reason Richard Eads Seeks Relief From Section 61.113(a) And (b).12 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 and valid airman medical
certificate, and 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 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

compe nsation or hire.
As set forth more fully below, Richard Eads submits that an equivalent level of
safety will be maintained because no PIC will be allowed to operate the DJI Phantom 4
UAS unless that PIC has met certain flight

- hour and currency requirement s, demonstrating
that the PIC is able to safely operate either the DJI Phantom 4 UAS in a manner consistent
with the operations specifications as described in this exemption, including evasive and
emergency maneuvers, as well as maintaining appropriate dist ances from people, vessels,

vehicles and structures.

Further, Richard Eads submits that all flights of the DJI Phantom 4 UAS , conducted
by the PIC pursuant to the grant of this Petition: (1) will be incidental to Richard Eads ’s

business; and (2) will not ca rry passengers or property for compensation or hire.

2. Extent Of Relief Richard Eads Seeks And The Reason Richard Eads Seeks Relief From Section 91.7(a).
Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the

extent requ ired to allow Richard Eads to determine that the DJI Phantom 4 UAS are in13

airworthy condition prior to every flight by ensuring that the UAS is in compliance with
the operating documents (i.e., the Richard Eads Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 4 Instruction Manual).

Richard Eads seeks the requested relief because the DJI Phantom 4 UAS do not
require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Therefore, Richard Eads will ensure that the DJI P hantom 4 UAS are in airworthy
condition based upon its compliance with the operating documents (i.e ., Monthly
Maintenance Log, and DJI Phantom 4 Instruction Manual) prior to every flight, and further,

determine that the aircraft are in condition for safe fli ght, as stated in the conditions and

limitations below.

3. Extent Of Relief Richard Eads Seeks And The Reason Richard Eads Seeks Relief From Section 91.121.
Relief from Section 91.121, entitled Altimeter settings , may be required to allow
flight operatio ns of the DJI Phantom 4 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 a ny altitude information concerning UAS operations be reported to air traffic
control (ATC) in feet above ground level (AGL), Richard Eads seeks the requested relief

because the DJI Phantom 4 UA’s altimeter may be set on the ground to zero feet AGL,

rather t han 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 stat ed below. As more fully set forth herein, an equivalent level of safety will

be maintained since the DJI Phantom 4 UA are equipped with a barometric pressure sensor14

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 Richard Eads Seeks And The Reason Richard Eads 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

Phantom 4 UA during daylight hours in visual meteorological conditions (VMC), under
visual flight rules (VFR), f or 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.

Richard Eads seeks the requested relief because without an exemption from Section

91.151(b), the fli ght time duration of the battery powered DJI Phantom 4 UAS will
severely constrain the practicality of any aerial video or still photo flight operations that

Richard Eads proposes to conduct pursuant to this Petition.
Significantly, as set forth below, the technical specifications of the DJI Phantom 4

UAS , the DJI Phantom 4 operating documents, and Richard Eads proposed operating

limitations, ensure that Richard Eads will safely operate the battery powered DJI Phantom

4 UA during daylight hours in visual meteo rological 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.15 5. Ex tent Of Relief Richard Eads Seeks And The Reason Richard Eads Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(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, Richard Eads requests relief from

these Sections because the DJI Phantom 4 UAS do not require airworthiness certificates. As

set forth more fully below, the DJI Phantom 4 UAS meet the conditions of FMRA Section

33 3 for operation without an airworthiness certificate. Accordingly, Richard Eads will use
trained technicians to perform maintenance, alterations, or preventive maintenance on the
UAS using the methods, techniques, and practices prescribed in the UAS operat ing

documents (i.e., Richard Eads ’s Aerial Operations Manual, Monthly Maintenance Log, and

DJI Phantom 4 Instruction Manual). Furthermore, Richard Eads will document and

maintain all maintenance records for the DJI Phantom 4 UAS

. D. The Reasons Why Granting Richard Eads 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 public interest by allowing Richard

Eads to safely, efficiently, and economically perform aerial vi deo and photography of
construction sites, real estate, special events, events , film sets, and landscape over certain

areas of the United States.
Additionally, use of the DJI Phantom 4 UAS will decrease congestion of the NAS,
reduce pollution, and provide significa nt benefits to the economy. Notably, the benefits of

Richard Eads proposed operation of the DJI Phantom 4 UAS will be realized without
implicating any privacy issues.16 1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 4 UAS ar e battery powered and serve 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 4 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 opera ting in the NAS,
congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 4 UA do not require an airport to takeoff or land. Likewise, a reduction of
manned aircraft conducting aerial video and photography missio ns 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 And Efficiency Of The DJI Phantom 4 UAS

.
Cond ucting aerial acquisitions with the DJI Phantom 4 UAS s, 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 operatio ns.
By using battery power and electric motors, the DJI Phantom 4 UAS produce 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 photography, while burning approximately 20

- 30 gallons per hour of leaded aviation

fuel. The DJI Phantom 4 UA , while reducing the carbon footprint of aerial acquisitions,17

also elimin ates noise pollution, as the UA are propelled by battery powered electric
motors, rather than an internal combustion engine.
By using the DJI Phantom 4 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 a ircraft flight operations, will be substantially reduced or completely
eliminated. Aside from the lack of flight crew members located onboard the aircraft, the

DJI Phantom 4 UA (w eighing approximately 3 pounds 1380g respectively, at its maximum

gross weight with a length of 2 89mm and width of 289mm , and with no fuel on board)
, 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 similar o perations (weighing
approximately 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 Vi deo and Photography Operations w ith DJI Phantom 4 UAS Will Benefit The Economy.

In a ddition to being safe and efficient, the DJI Phantom 4 UAS are also an
economical alternative to using manned aircraft to conduct similar aerial operations. As
such, operation of the DJI Phantom 4 UAS will allow United States based
companies /individuals , lik e Richard Eads , to remain competitive and contribute to growth
of the U.S. economy. Specifically, with the rising cost of aviation fuel and the
Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation
fuels, U.S. owned and ope rated companies must adopt new and alternative technology in
order to remain competitive. Operating the battery powered DJI Phantom 4 UAS is one such
technology that not only allows companies greater operational flexibility compared to18

manned aircraft, but provides such flexibility without the high operational cost of a

traditional manned aircraft.
By operating the DJI Phantom 4 UAS , companies /individuals such as Richard

Eads , can remain competitive and profitable, and therefore, provide greater job stabilit y 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

the DJI Phantom 4 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.
4. There Are No Privacy Issues.
Similar to the manned aerial acquisition flig ht operations that have been conducted for

decades, Richard Eads ’s proposed operation of the DJI Phantom 4 UAS will not implicate
any privacy issues. Specifically, the DJI Phantom 4 UAS will be operated only in
compliance with operating documents (i.e., Rich ard Eads ’s Aerial Operations Manual,
Monthly Maintenance Log, and DJI Phantom 4 Instruction Manual) which requires
property owner involvement as well as local law enforcement notification, and in
accordance with the Federal Aviation Regulations, including t he minimum altitude
requirements of 14 C.F.R. § 91.119.
E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Richard Eads S eeks Exemption.
1. Reasons Why The DJI Phantom 4 UA Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.
In consideration of the size, weight, speed, and limited operating area associated

with the unmanned aircraft and its operation, Richard Eads ’s operation of the DJI Phantom19

4 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness
certificate in accordance with 14 C.F.R. Part 21, Subpart H.
Section 333 provides authority for a UAS to operat e without airworthiness
certification and sets forth requirements for considering whether a UAS will create a
hazard to users of the NAS or the public, or otherwise pose a threat to national security.
Specifically, 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 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.
(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 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 national airspace system or the public or pose a threat to national security; and
(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, U nited States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).
(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely i n the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.
In seeking this exemption, Richard Eads submits that the DJI Phantom 4 UAS can
operate safely in th e NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 4 UAS ; (b) the pilot certification requirement; and (c)
the specific operating limitations.20 a. The Specifications Of The DJI Phantom 4 UAS Demonstrate Its Saf e Characteristics.

The DJI Phantom 4 UAS 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, speed, and
operational capability.

i. Technical Specifications Of The DJI Phan tom 4 UAS

. The technical specifications of the DJI Phantom 4 UAS are set forth by the DJI

Phantom 4 Specifications and Data Sheet, at tached hereto as Exhibit A

.

ii. The DJI Phantom 4 UAS Autonomous Flight And Navigat ion Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 4 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 4 UAS is provided in the Manufacturer’s User Manual *See att ached PDF File

iii. The DJI Phantom 4 UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation. The DJI Phantom 4 I ncorporates F ront A voidance S ystem A llowing I t T o N avigate A round O bjects T o R eturn H ome S afely.

When the Control Link is lost, the DJI Phantom 4 UA will remain stationary, in
flight, for 3 second s or more. If, after 3 seconds, the DJI Phantom 4 UA do 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., f ailsafe mode) via GPS, avoid obstacle using

forward mounted sensor’s and will descend to the takeo ff position and shutdown.
A complete description of the Failsafe Functions of the DJI Phantom 4 UAS is
provided in the Manufacturer’s User Manual *See attached PDF21 iv. The DJI Phantom 4 GCS And Its Operation.
A complete description of the operation and sp ecifications of the DJI Phantom

4 GCS and flight control software is provided in the Manufacturer’s User Manual *See

attached PDF

b. Flight Operations Of DJI Phantom 4 UAS Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Obse rver.

Richard Eads 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 4 UAS

. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 4 UAS Will Be Conducted Pursuant To Specific Operating Limitations.
In seeking this exemption, Richard Eads proposes to commercially operate DJI

Phantom 4 UAS for the special purpose of conducting aerial video and photography over

c ertain areas of United States, pursuant to the following specific operating limitations:
1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 4 Unmanned 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 operatio ns for the purpose of aerial video and photography.
3. The UAs may not be flown at an indic ated airspeed exceeding 44.73 mph

. 4. The UA must be operated at an altitude of no more than 5 00 feet above ground level (AGL), as indicated by the procedures spe cified 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 human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.22 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.
7. All operations should utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the dura tion of the flight. The PIC should ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO m ust not perform any 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 o f exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating docum ents, 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 may update or revise its operating docume nts. 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 it petitions for extension or amendment to the gra nt 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

s afe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All m aintenance 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 under go 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 components, items, or equipment, not alre ady covered in the relevant sections of the operating documents.23 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 ma intenance, 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 ser vice, 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 authorized person must make an entr y in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

1 7 . The operator may no t 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 mane uvers and maintaining appropriate distances from 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 permitt ed under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonpar ticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

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

19 . The UA may not operat e 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 the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.24 20 . The UA may not be operated less than 5 00 feet below or less than 2,000 feet horizontally from a cloud or when visibil ity is less than 3 statute miles from the PIC.

2 1 . If the UA loses communications or loses its GPS signal, it must return to a pre

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

2 2 . The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

2 3 . The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is eno ugh power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

2 4 . All aircraft operated in accordance with the exemption must be identified by serial number, registered in accorda nce 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.

2 5 . Before conducting operations, the radio frequency spectrum used for operation and cont rol of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

2 6 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control S tation 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.

2 7 . The UA must remain clear and yield the right of way to all manned aviation operations and activ ities at all times.

2 8 . The UAS should not be operated by the PIC from any moving device or vehicle.

3 0 . Flight operations must be conducted at 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 persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons re main under such protection. If a situation arises where nonparticipating persons leave such protection and are within 5 00 feet of the UA, flight operations must cease immediately and/or;25 b. The aircraft is operated near vessels, vehicles or structures wh ere 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).

3 1 . All operations shall be conducted over private or controlled

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

3 2 . Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of th e 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 Web site : www.ntsb.gov

. 2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

Richard Eads 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 4 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 4 UAS in a

manne r consistent with the exemption, including evasive and emergency maneuvers and
maintaining appropriate distances from people, vessels, vehicles and structures.
Considering Richard Eads ’s proposed area of operations, and the operating

limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge
requirements to those of commercial pilot requirements ( See Exemption No. 11062); and
the airmanship skills necessary to safely operate the DJI Phantom 4 UAS
, Richard Eads

submits that the additional manned airmanship experience of a commercially certificated26

pilot would not correlate to the airmanship skills necessary for Richard Eads ’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 presented herein (e.g.
Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Ric hard Eads will not allow any PIC to operate the DJI Phantom 4 UAS unless that
PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom

4 UAS training and currency requirements, that the PIC is able to safely operate the DJI

Phanto m 4 UAS in a manner consistent with this exemption, 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 consisten t
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 requirem ents,
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 ensur e an
equivalent level of safety during Richard Eads ’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:27 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 and 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 accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and mode l of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours 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 preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour 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 accomplish the required flight time. During training, proficiency, and experience

- buil ding flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.
Exemption No. 11138 at page 15.
Accordingly, Richard Eads will ensure safe operations by not allowing any PIC to
operate the DJI Phantom 4 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 4 UAS in a manner consistent with the exemption, including evasive and
emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.
3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.
The equivalent level of safety established by Section 91.7(a) will be maintained
because prior to every flight Richard Eads will ensure that the DJI Phantom 4 UAS is in an
airworthy condition based upon the UAS’s compliance with its operating documents and

as stated in the conditions and limitations herein.28 Additionally, the FAA has p reviously granted relief from Section 91.7(a) specific
to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.
Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 111 53, 11156, 11157, 11158, 11159, 11160, 11161).
4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.
The equivalent level of safety established by Section 91.121 will be maintained

because the altitude in formation of the DJI Phantom 4 UA will be provided to the PIC via
GPS equipment and a radio communications telemetry data link, which downlinks from
the UA to the GCS for active monitoring of the flight path and altitude. This altitude

information, combined with Richard Eads ’s operation of the DJI Phantom 4 UA within
visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to
Section 91.121. The altitude information will be generated by GPS equipment installed

onboard the aircr aft. Prior to each flight, a zero altitude initiation point is automatically
established by the UASs at ground level.
The FAA has previously granted relief from Section 91.121 specific to UAS, in
circumstances similar, in all material respects, to those p resented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adv ersely Affect Safety.
A grant of this exemption would ensure an equivalent level of safety established by
14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Phantom 4 UAS ; (2) the limitations on the proposed flight oper ations; and (3) the location
of the proposed flight operations. Accordingly, Richard Eads will ensure that he will safely29

operate the battery powered DJI Phantom 4 UA during daylight hours in VFR conditions,
with enough battery power to fly for a total dura tion 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.
Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 4

UAS ; the limitations on the pro posed flight operations; and the location of the proposed
operations, will ensure an equivalent level of safety established by 14 C.F.R. Section
91.151(b). Furthermore, safety will be ensured as the DJI Phantom 4 UAS provide audible
and visual warnings to t he PIC at the GCS when the UAs experiences low battery voltage,
the first warning occurring at approximately 33% remaining battery power, and again at
approximately 10% remaining battery power. At the critically low battery level, the DJI

Phantom 4 UAS will descend
, navigate using forward sensor ’ s and object avoidance

software to home point and land automatically.
Significantly, previous exemptions granted by the FAA concerning Section 91.151
establish that safety is not adversely affected when the technical characteristics and
operating limitations of the UAS are considered. Relief has been granted for manned
aircraft to operate at less than the minimums prescribed in Section 91.151, including
Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief
from Section 91.151 specific to UAS, in circumstances s imilar, in all material respects, to
those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).30 6. Reasons Wh y An Exemption From The Requirements Of Sections 91.405(a), 91.407(a) (1), 91.409(a) (1) & (a) (2), And 91.417(a) & (b) Would Not Adversely Affect Safety.
In seeking this exemption, Richard Eads submits that the equivalent level of safety
with regard to the regulatory maintenance and alteration requirements established by

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met

because Richard Eads will use trained technicians to perform maintenance, alterations, or

pr event ive maintenance on the UAS using the methods, techniques, and practices
prescribed in the operating documents (i.e., Richard Eads ’s
, Aerial Operations Manual,
Monthly Maintenance Log, and DJI Phantom 4 Instruction Manual). Furthermore, Richard

Eads will doc ument and maintain all maintenance records for the DJI Phantom 4 UAS

.
Since the DJI Phantom 4 UAS will be inspected as prescribed by the operating

documents, Richard Eads will maintain the equivalent level of safety established by

Sections 91.405(a), 91.409 (a)(1), and 91.409(a)(2). A copy of the DJI Phantom 4 User

Manuals are at tached hereto as Exhibit B ; a copy of the DJI Phantom 4 UAS Maintenance

LOG is attached hereto as Exhibit C

. Likewise, the exemption sought will not adversely affect safety because Ric hard

Eads will use trained technicians to perform maintenance, alterations or preventive
maintenance on the UAS using the methods, techniques, and practices prescribed by the
operating documents.
Furthermore, the exemption sought would maintain an equival ent level of safety
established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 4 UAS will be performed by trained technicians. Maintenance will be
documented and maintained utilizing the monthly maintenance log.31 Sig nificantly, previous exemptions granted by the FAA concerning Sections
91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is
not adversely affected when the technical characteristics and operating limitations of the

U AS are considered.

In consideration of Richard Eads ’s proposed operating limitations, the operating
documents, and the technical aspects of the DJI Phantom 4 UAS
, Richard Eads submits
that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has
previously granted relief specific to UAS in circumstances similar, in all material respects,
to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158,

11159, 11160, 11161).
7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions
, Richard Eads requests that the
FAA prescribe special conditions for the intended operation of the DJI Phantom 4 UAS s,
which contain such safety standards that the Administrator fin ds necessary to establish a
level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 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). Such special cond itions will permit safe operation of the UA
for the limited purpose of conducting aerial video and photography over certain areas of
the United States for compensation or hire. FMRA Section 333 sets forth the requirements
for considering whether a UAS will create a hazard to users of the NAS or the public, or32

otherwise pose a threat to national security; and further, provides the authority for such
UAS to operate without airworthiness certification in accordance with any requirements

that must be establishe d for the safe operation of the UAS in the NAS.
Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.
§ 21.16, for operation of the DJI Phantom 4 UAS , since the airworthiness regulations of 14
C.F.R. Part 21 do not contain adeq uate or appropriate safety standards, due to the novel or
unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states
the following:
If the FAA finds that the airworthiness regulations of this subchapter do not contain adeq uate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The spe cial conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulatio ns.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA
may prescribe special conditions for Richard Eads ’s intended operation of the DJI

Phantom 4 UAS , which contain such safety standards that the Administ rator finds
necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21,
Subpart H, and 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).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Richard Eads Seeks Exemption:

Richard Eads seeks exemption 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).33 A Brief Description Of The Nature Of The Exemption Richard Eads Seeks:
This exemption will permit Richard Eads to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial v ideo and photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Richard Eads ’s Request.
This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 33 3, which directs the Secretary of Transportation to determine if certain
UAS may operate safely in the NAS. As such, Richard Eads ’s request for exemption may
be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set

forth above

. FMRA Section 333 sets forth the requirements for considering whether a UAS will
create a hazard to users of the NAS or the public, or otherwise pose a threat to national
security; and further, provides the authority for such UAS to operate without airwo rthiness

certification.

As discussed in detail above, Richard Eads will operate the DJI Phantom 4 UAS
safely in the NAS, without creating a hazard to users of the NAS, or the public, or
otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Richard Eads 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 4 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 Congressional mandate of the FAA Modernization and Reform Act of 2012,34

while als o advancing the interests of the public, by allowing Richard Eads to safely,
efficiently, and economically operate the DJI Phantom 4 UAS commercially within the

NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA

Modernization a nd Reform Act of 2012, Section 333, Richard Eads respectfully requests
that the Administrator grant this Petition for an exemption 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 Richard Eads to operate the DJI

Phantom 4 UAS commercially for the purpose of conducting aerial video and photography

over certain areas of the United States.

Date d: M ay 9 th

, 2016

Respectfully sub mitted,

Richard Eads

_________________________ 5 523 Cypress Pt Schertz, Tx 78108 206

- 818

- 874835 Appendic es :

A

– DJI Phantom 4 Technical Specifications B

– DJI P hantom 4 Monthly Maintenance Log

APPENDIX

– A

DJI PHANTOM 4 TECHNICAL SPECIFICATIONS Richard Eads 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 pr ovides real

- time altitude and location information to the PIC via the linked monit or (smart p hone/tablet devices). DJI

senor ’ s and software have been updated (under normal setting) stop the UAS from forward collision with objects. DJI software and sensors have also been upgraded to provide object avoidance when returning home in case of communication fai lure. 

# PHANTOM 4 SPECS

AIRCRAFT

Weight (including battery and propellers) 1380 g Max Ascent Speed 6 m/s (Sport mode) Max Descent Speed 4 m/s (Sport mode) Max Speed 20 m/s (Sport mode) Max Service Ceiling Above Sea Level 19685 feet (6000 m) Max Flight Time Approx. 28 minutes Operating Temperature 32° to 104° F (0° to 40° C) GPS Mode GPS / GLONASS36

Hover Accuracy Vertical: +/

- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m Horizontal: +/

- 0.3 m (when Vision Positioning is active) or +/

- 1.5 m Diagonal Size (Excluding Propellers) 350 mm



### OBSTACLE SENSING SYS TEM

Obstacle Sensory Range 2

- 49 feet (0.7

- 15 m) Operating Environment Surface with clear pattern and adequate lighting (lux > 15)



### CAMERA

Sensor 1/2.3” Effective pixels:12 M Lens FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

ISO Range  100

- 3200 (video)

 100

- 1600 (photo)

Shutter Speed 8s

- 1/8000s Image Max Size 4000×3000

Still Photography Modes Single shot Burst shooting: 3 / 5 / 7 frames Auto Exposure Bracketing ( AEB ): 3 / 5 bracketed frames at 0.7 EV Bias Time

- lapse HDR

Video Recording Modes UHD: 4096×2160 (4K) 24 / 25p 3840×2160 (4K) 24 / 25 / 30p 2704×1520 (2.7K) 24 / 25 / 30p FHD: 1920×1080 24 / 25 / 30 / 48 / 50 / 60 / 120p HD: 128 0×720 24 / 25 / 30 / 48 / 50 / 60p Max Video Bitrate 60 Mbps Supported File Formats FAT32 ( ≤ 32 GB ); exFAT ( > 32 GB ) Photo JPEG, DNG ( RAW ) Video MP4 / MOV ( MPEG

– 4 AVC / H.264 ) Supported SD Card Types Micro SD Max capacity: 64 GB. Class 10 or UHS

- 1 rating required Operating Temperature 32° to 104° F ( 0° to 40° C )



### CHARGER

Voltage 17.4 V Rated Power 100 W



### APP / LIVE VIEW

Mobile App DJI GO EIRP 100mW37

Power Spectral Density 6.9mW/MHz

Live View Working Frequency 2.4GHz ISM

Live View Quality 720P @ 30fps (depending on conditions and mobile device) Latency 220ms (depending on conditions and mobile device) Required Operating Systems  iOS 8.0 or later

 Android 4.1.2 or later

Recommended Devices  ios: iPhone 5s, iPhone 6, iPhone 6 Plus, iPhone 6s, iPhone 6s Plus, iPod touch 6,

iPad Pro, iPad Air, iPad Air Wi

- Fi + Cellular, iPad mini 2, iPad mini 2 Wi

- Fi + Cellular, iPad Air 2, iPad Air 2 Wi

- Fi + Cellular, iPad mini 3 and iPad mi ni 3 Wi

- Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, iPhone 6 Plus, iPhone 6s and iPhone 6s Plus.

 Android: Samsung tabs 705c, Samsung S6, Samsung S5, Samsung NOTE4, Samsung NOTE3, Google Nexus 9, Google Nexus 7 II, Ascend Mate7, Huawei Mat e 8, Nubia Z7 mini, SONY Xperia Z3, MI 3, MI PAD

*Support for additional Android devices available as testing and development continues.38 A PPENDIX

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Monthly Maintenance Log

UAS #_____ Date Issue Maintenance Initials Performed Firmware Check
Frame Engines Propellers Camera Gimbal Landing Gear Vibration Other: