1 of 20 June 15, 2015

U.S. Department of Transportation Docket Operations, M

- 30 1200 New Jersey Avenue, SE
Room W12

- 140, West Building Ground Floor Washington, DC 20590

- 0001

Re: Petition of Drone Academy, USA for an Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Drone Academy, USA hereby applies for a n exemption from the Federal Aviation Regulations identified below to allow for the commercial operation of the DJI PHANTOM 2 & 3, manufactured by DJI Innovations (“the PHANTOM”).

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

Drone Academy, USA req uests exemption from the following regulations:

• 14 C.F.R Part 21, Subpart H; • 14 C.F.R Part 27; • 14 C.F.R § 45.23(b); • 14 C.F.R. § 45.27(a); • 14 C.F.R § 61.113; • 14 C.F.R § 91.7(a); • 14 C.F.R § 91.9(b)(2); • 14 C.F.R § 91.9(c); • 14 C.F.R § 91.103; • 14 C.F.R § 91.109(a); • 14 C.F.R § 91.119; • 14 C.F.R § 91.121; • 14 C.F.R § 91.151(a) & (b) • 14 C.F.R § 91.203 (a) & (b); • 14 C.F.R § 91.405 (a); • 14 C.F.R § 91.407(a)(l); • 14 C.F.R § 91.409(a)(2); • 14 C.F.R § 91.417 (a) & (b).2 of 20 This petition incorporates the material contained in the DJI PHANTOM User Manual and the V2 Flight Control System User Manual, (together, the “Manuals”).

II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft syst ems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit operation of an unmanned aircraft system where it does not create a hazard to users of the national airspace system (NAS) or the public or pose a threat to national security based on the following
considerations:

• The size, weight, speed and operational capability; • Operation in proximity to airports and populated areas; and • Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant exemptions from the agency’s safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interes t. See 49 U.S.C. §§ 106(f), 44701

- 44716, et seq. A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or how it would provide a level of safety at
lea st equal to the existing rules. 14 C.F.R. § 11.81.

III. DESCRIPTION OF DRONE ACADEMY, USA AND ITS SERVICES

Drone Academy, USA is a public entity that provides training for unmanned aerial vehicles to recreational and professional operators. Founded b y Keith Bruno, a certified pilot since 2000, Drone Academy USAs’ main priority is to promote safety in the national airspace. Our courses will train participants about how to obey the FAA regulations, how to fully understand how to fly a drone, the flight p rincipals that govern drone flight, understand common drone systems, and how to be sure that all safety standards are being met. Drone Academy, USA will also show participants how to ensure safe use while mitigating risk to persons and property during this training. Drone Academy, USA training courses will focus on training of the DJI product lines with particular focus on the DJI Phantom 2 & 3.

Drone Academy, USAs’ main priority to make sure that new pilots are being safe and understand the
FAA laws and safety standards. Our training courses are affordable for new pilots and speak to all safety issues necessary. We need the 333 Exemption so that we can educate drone pilots on how to be safe.3 of 20 Students admitted into our program will be required to meet th e same standards as a student pilot seeking an FAA Recreational or Sport pilot certificate . In addition, all applicants will have a security screening processed by the Transportation Security Administration (TSA). We also require our students
to members of the Academy of Model Aeronautics ( AMA). We will abide by or teach any FAA rules and
can add to the content of our classes as the FAA makes amendments.

Drone Academy, USAs’ curriculum is based on 4 day learning system, and segregated into 2 levels.
Stud ents are expected to take a Level I (Beginner Course) 2 day course before ever flying their drone. In this class they will learn the FAA rules and basics of flying a drone with a computer simulator program (RealFlight 7.5 Simulators). On day 3 of training the students will then be ready for hands on training at our outside training facility, where they will be able to put their skills to the test. On day 4, the last day
of training, they will be required to take both a Knowledge Test and Flight Test. If the y complete all areas of the course satisfactorily and obtain a 70% passing grade on the 2 required test s , they will receive a certification of completion from the Drone Academy. They are then expected to abide by all guidelines set forth in our training o r risk losing their Dron e Academy Pilot Certification. During Level II (Advanced Course) to learn more about setting different applications with the drone, including but not limited to: Ground station application, Waypoint flying, Extending range, Beyond L ine

- of

- sight flying, Video technology (HDMI vs 4K), Basic camera operation, and FPV Flying. This will also be a 4 day learning course followed by a knowledge and flight test to complete successfully

.

Instruction of these classes will be led by Keith Bru no ( CFI ), his qualifications are listed below.

Holds the following certificates

x USUA Ultralight Pilot

x FAA Private Pilot (Airplane Single Engine Land) with Tailwheel endorsement

x FAA Commercial Pilot (Rotorcraft Helicopter)

x FAA Instrument Rating (Rotorcra ft Helicopter)

x FAA Certified Flight Instructor (Rotorcraft Helicopter)

x FAA SFAR 73 endorsement for Robinson R22 and R44

x FAA Second

- class Medical Certificate

Other flying related info

x Have over 2,220 hours PIC (Pilot in Command) time

x Attended Robinson Factory Safety course (2005, 2007, 2014)

x Have several hundred hours of safe flight ins tructing time (approx. 900 hours )

x Currently fl ies as a tour pilot and ENG (electronic news gathering) pilot4 of 20 Teaching Background

x Teaching adults in a classroom situation since 1993.

x Holds Microsoft (since 1996) and Novell (since 1994) Instructor certifications

x Have been employed by various colleges (Stetson U niversity, Herzing University (IADT) to teach technology

- based classes since 2000

x Participated in the development o f several test prep books

x Created technology training courses.

Our goal is to set a high standard for every drone pilot to have the highest level of knowledge, training, and respect for the airspace.

The contact information for the petitioner, Drone Academy, USA, is as follows:

Keith Bruno Drone Academy, USA
P.O. Box 1284 Gotha, FL 34734 (407) 906

- UAVS (8287)

info@droneacademyusa.com

IIII. DESCRIPTION OF PROPOSED OPERATIONS

Drone Academy, USA is requesting exemptions from applicable Federal Aviation Regulations (FARs) pursuant to Section 333 of the Reform Act to perform new user UAV training to persons or organizations that employ the PHANTOM series of quadcopters. Drone Academy training s essions are provided to ensure (i) public and worker safety; (ii) safe, new methods to effectively employ PHANTOM quadcopters; and (iii) ensure operators employing PHANTOM quadcopters are fully aware of all FAA governing regulations. The exemption will enh ance safety by reducing risk to the operator, the general public and property owners from the substantial hazards associated with new Phantom pilots.

After months of research we were dismayed to find a true lack of comprehensive knowledge regarding
UAVs. Drone Academy, USA will use the latest information to update any and all FAA regulations.

Drone Academy, USA recognizes the enormous potential of UAV's but understands the need for responsibility on the part of the operators that will fly the UAV's to ensure the safety of the National5 of 20 Airspace (NAS) with respect to manned aircraft. Drone Academy, USA will assist the new UAV pilots by educating them on this new technology. Drone Academy, USA is seeking this exemption to ensure that
the recreational and professional operator will have a reasonable outlet for obtaining training on a
PHANTOM.

Drone Academy, USAs’ is dedicated to providing the most comprehensive thorough UAV pilot training program by using our knowledge and experience along with our passio n for flight and created a complete training package to train the next generation of UAV pilots.

Drone Academy, USAs’ classes are taught in a step

- by

- step progression where the user has indoor training followed by outdoor flight training. Understanding and proficiency is determined by knowledge and flight testing.

Instruction includes the following: • FAA regulations. • Limitations and restrictions of where and when users can fly. • Liability of flying irresponsibly. • Pre, during, and post flight che ck lists. • Details user types to include commercial, public, and recreational. • Provides information on no fly zones and how to identify them. • Review of knowbeforeyoufly.com.

The training sessions will take place in at the RCACF training facility in Apopka, F l

. This site is an AMA approved and is 50 acres in size and is designed to accommodate UAV training. The training site is located in remote place fr ee of any persons or property. Training is conducted at 400 ’ AGL or below.
Level 1 training limits the UAV's height to 200 feet. Level 2 training limits flight heights to 400 feet. The remote site will allow focus on UAV flight training and allows a pilot control of the aircraft and practice agility. The satellite image of this site is include d below, as well as ground level photograph. See Figure

1.6 of 20 Figure 1

– Training Site Locations7 of 20 A. The PHANTOM

Drone Academy, USA will operate the DJI PHANTOM 2 & 3. The PHANTOM is a battery operated quadcopter with a maximum flight time of 25 minut es. The vehicle PHANTOM 2 weighs approximately 2.2 pounds with a maximum takeoff weight of approximately 2.87 pounds. It has fixed landing gear, vibration dampers, small frame air incline and minimalized gimbal mount, which allows for a 110 degree
of view from the camera. Although the vehicle’s ground speed has a maximum of 33 mph, it will be operated between 2 and 5 miles per hour, and it will operate at or below 200 feet AGL. The PHANTOM 3 weighs approximately 2.8 pounds with a maximum speed of 35.7 mph but wi ll not be operated more
than 5

- 10 miles per hour and it will operate at or below 400 ’ AGL.

The PHANTOM 2 & 3 manufacturer’s manuals are attached as separate documents to this request.

The UAV/UAS/UA's in which Drone Academy, USA, Petitioner, will be operating is the DJI Phantom 2 and Phantom 3, referred hereafter as Phantoms. The inherent safety features, sophistication, programmability, GPS navigation, return home capability, airport vicinity no

- fly feature and restricted altitude feature, as wel l as differentiating radio frequency (rf) for aircraft controller/receiver and for the camera make this a much safer UAV for the purposes of this petition. This is a hobby grade radio controlled UAV that has the capacity for software upgrades. It is light, less than 3 pounds including8 of 20 battery and camera. Incorporated into the programming of the Phantoms is an automatic return home feature that automatically directs the craft back to point of take

- off should communication with the
transmitter be lost. The Ph antoms have a cruising speed of 15 knots, with a maximum speed of 30 knots. Maximum flight time is 23

- 25 minutes. Gross weight is 2.2

- 2.8 pounds.

The Phantoms have an additional communication link between the camera and craft on a different (rf)
for a sm art phone connection. Allowing the operator or Pilot in Command (PIC) to monitor battery level, altitude (AGL), distance from PIC, camera imagery, and control camera angle.

The software for the Phantoms allows the operator or PIC to set maximum altitude A GL for each flight, allowing customization of flights to no higher than 100 feet, 150 feet, or 250 feet AGL as an examples. The 400 foot maximum AGL can be programmed into the UAV's software pre

- flight to insure compliance with FAA standards. Adding to the safety capabilities of this UAV. This UAV is programmed to remain in position when controls are released. Maintaining altitude and GPS location.

The Phantoms have an altitude and radio monitoring function that allows the operator more precise
determinat ion of height, direction of flight and distance from the operator or PIC. The operator or PIC can monitor the GPS lock status while the UAV is in flight, with the ability to anticipate loss of GPS signal so the operator or PIC can land the UAV as a precaut ion.

The DJI Phantom 3 uses a unique Beginner Mode which helps an operator to learn how to fly in a safe, limited area. The Phantom 3 can be set to fly only within a given distance and altitude from the operator, protecting the Phantom and making it automatically stay inside the desired limits.

This invisible, GPS

- enabled “geofence” prevents the operator from accidentally flying into unwanted areas or obstacles, and helps the operator enjoy flying while learning at the same time which also lets it serves as the best option to protect the Public and NAS for the p urposes of this petition.

B. Similarities, Distinctions and Differences

Though the petition of Astraeus Aerial (FAA

- 2014

- 0352), referred hereafter as the Astraeus Petition and or Petitioner Astraeus, has many similarities to that of Drone Academy, USA, there are also many distinct and substantial differences. Like the Astraeus Petition, Drone Academy, USA is for UAV operation without pilot, passengers nor property on board. Considering that the Phantoms UAV are sophisticated hobby grade quad

- copters wit h gross weight less than 3 pounds Petitioner Drone Academy, USA requests waiver or exemption for a private pilot certificate. Aerial basic training operations for this petition provide service for those that are new to the remote control model aircraft

gen re.

Drone Academy, USA are using's UAV that have the capability for taking off and landing at a single point,9 of 20 identical to a helicopter. There are no runways, aided take off apparatuses, nor routes that need to be flown to areas being aerial video record ed or photographed. Allowing a reduced and more confined area of flight.

The Astraeus Petition is for movie sets involving a significant number of people, non

- aerial equipment, moving or action sequences, and a potentially broad geographical area where i ndividuals and equipment may be in motion. Requiring extensive observation, awareness, coordination and safety precautions. The Drone Academy, USA petition is for the basic training of new Phantom owners that are confined to a designated flight area and re stricted to a defined training area and training altitude. The stationary setting of objects poses a significantly lower risks for safety, allowing the operator or Pilot in Command (PIC) to focus primarily on the student and the aircraft. With the movie a ction scenes, numerous takes may require repeated flights, whereas a stationary object would in most cases require a single flight.

DJI Innovations continues to improve its products to ensure safe flying, especially near airports. Their website has a pa ge with links that promote this safety and gives an operator a multitude of information, http://flysafe.dji.com/. During training signs will be posted cautioning anyone within the vicinity to remain back a minimum of 100 feet. We will also have Ground Safety Officers to assist and warn/advise the PIC when the UAV will be utilized in situations where spectators may b e within 100 feet of the flight area.

The UAV's utilized in this petition are hobby grade quad

- copter that does not require an airman
certificate for non

- commercial flight involving less restrictive less regulated flight. Petitioner requests
waiver or exe mption from an airman certificate for the students who will be training with these UAV's since they are sophisticated hobby grade UAV's weighing less than three pounds being flown in a
defined and marked area. Petitioner is an AMA member, and each studen t will be required to be an AMA member as well before flight training. UAV flight competency can be verified/obtained through AMA standards and procedures.

The motors, rotors, propellers, body/frame, landing pads, etc. for the UAV's utilized in this pe tition are not complicated. Engineering and design allows layman maintenance. Recording part replacement for this UAV may prove redundant due to the simplicity of the craft. Therefore Petitioner requests waiver or exemption for maintenance records. However , pre

- flight inspection for cracks, damage or other physical conditions that could hamper safe flight is a reasonable expectation. As well as post flight inspection that may aid in identifying flight conditions that may cause stress to propellers, landing gear, etc. Thorough inspection of UAV shall be conducted and flight response tested should a hard landing or crash occur insuring that the UAV can operate in a safe manner before conducting any further training.

Like the Astraeus Petition Petitioner Dr one Academy, USA requests waiver or exemption for markings due to the small size of the fuselage for the Phantom 2 & 3.

Petitioner Drone Academy, USA requests modification, waiver or exemption and clarification (within10 of 20 reason) concerning section 91.119 prohibition of flight in congested areas. Petitioner Drone Academy, USA requests waiver for this condition to allow reasonable and responsible flight training in congested areas of subdivisions and neighborhoods.

In compliance with Section 90.151 (a) the Phantom is a battery operated UAV/UAS with battery level monitoring capability. Fully charged battery flight time is rated at 23

- 25 minutes, with videos/photos taking much less time to record. Operator or PIC is warned when battery level is low.

Pe titioner Drone Academy, USA requests waiver/exemption from Section 91.203 (a) since the Phantom is a hobby grade UAV/UAS that should not require an airworthiness certificate nor a registration certificate. Posting of special flight authorization would not be possible since the Phantom has no cabin and is not large enough to carry a certificate. However, a special flight authorization can be maintained by the operator to make available upon request.

C. Drone Academy, USA Proposed Operations Demonstrate an E quivalent Level of Safety

1. General Description of Proposed Flight Operations

Drone Academy, USA proposes to operate only on the listed Site and within the limitations and performance specifications listed in the Manuals, which are summarized below. T hese limitations provide for at least an equivalent, or higher, level of safety for operations under the current regulatory structure because the proposed operations represent a safety enhancement to the protocols.

The proposed operations do not create a ny hazard to users of the national airspace system or pose a threat to national security. The aircraft is a battery operated quadcopter with a maximum flight time of
23

- 25 minutes. The vehicles weighs approximately 2.2

- 2.8 pounds. It has vibration dampers and small frame air incline. The vehicle’s ground speed has a maximum of 33

- 35.7 mph but it will be operated between 2 and 5 miles per hour, and it will operate at or below 400 feet AGL.

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The PHANTOM carries no fuel, and therefore the risk of fire following an incident or accident due to fuel spillage is eliminated. Compared to manned aircraft, the unmanned aircraft being operated by the petitioner reduces the ri sk to participating persons in close proximity to the aircraft due to the limited size, weight, operating conditions, and design safety features of the PHANTOM.

Drone Academy, USA training operations will be in remote areas at least 5 miles from any airp ort and away from population centers, as demonstrated by Figure 1 (Training Site). The PHANTOM will be operated only on the site, which listed above.

The FAA has determined that the risk of not having an electronic means to monitor and communicate11 of 20 with other aircraft, such as transponders or sense and avoid technology, is mitigated by placing limits on altitude, requiring stand

- off distance from clouds, permitting daytime operations only, and requiring that the aircraft be operated within visual line of sight and yield right of way to all other manned operations. Additionally, the operator will request a NOTAM prior to operations to alert other users of the NAS. See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 13.

The petitioner’s aircraft has t he capability to operate safely after experiencing certain in

- flight failures. The aircraft is also able to respond to a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver.

2. Specific Limitations on Proposed Flight Operation s

Given the small size involved, the restricted environment within which they will operate, the procedures listed below, and pilot certification requirements, Drone Academy, USA proposed operations using the
PHANTOM would “not create a hazard to users of the national airspace system or the public or pose a threat to national security.” Reform Act Section 333(b)(1).

1. The aircraft is approximately 2.2

- 2.8 pounds. 2. The aircraft will be identified by serial number, registered with the FAA, and have iden tification (N

Number) markings as large as practicable. 3. Flights will be operated within visual line of sight of the pilot in command (PIC). 4. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by
PIC. 5. Maximum flight time for ea ch operational flight will be 15 minutes. 6. The aircraft will be safely landed with no less than the greater of (a) 20% battery life remaining or (b) five minutes of flight time remaining. 7. The aircraft will be operated duri ng daylight and in VFR conditions. 8. Flights will not exceed 400 feet AGL, so as to basic flight training. 9. Flights will be operated at a lateral distance of at least 50 feet from any persons or property not associated with the operation who have not gi ven prior permission. 10. Flights will be limited to a groundspeed of 10 mph

. 11. Minimum crew for each flight will consist of a PIC and a Ground Safety Officer. 13. Prior to the flight, a Mission Plan will be created setting forth the limitations for the flight as well as
contact information for the PIC. 14. The flight operations will yield the right of way to other manned aircraft operations. 15. All persons who are not involved with training class will be required to stay 25 feet from the edge of
the tr aining perimeter. 16. The aircraft will only operate within the listed site. 17. All required permissions and permits will be obtained from territory, state, county or city12 of 20 jurisdictions prior to flight. 18. If the aircraft loses communications, it will ha ve the capability to return to a pre

- determined location within the operational area and land. 19. If the aircraft loses its GPS signal it will have the capability of being flown manually to a predetermined location within the operational area and land.
20 . The flight will be aborted in case of unpredicted obstacles or emergencies. 21. Each flight will be recorded in an Operations Log Book. 22. Maintenance on the aircraft will be recorded in a Maintenance Log Book.

3. Flight Recovery, Lost Communications, and Lost GPS Procedures

If the Phantom and its controller are disconnected during flight, the system’s failsafe protection will activate, automatically directing the Phantom to return home and land automatically.

4. Proposed Flight Areas

Drone Academ y, USA is requesting to operate in the site listed above.

V. SPECIFIC FAR EXEMPTIONS REQUESTED

Drone Academy, USA seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requested operations using the PHANTOM. Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and safeguards that Drone Academy, USA has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

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

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under t he Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014

- 0352 at 13

- 14, 22. If, however, the FAA determines that there are some characteristics of the PHANTOM that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety: The PHANTOM is safe when taking i nto account its size, weight, speed, and operational capability. The PHANTOM weighs approximately 2.2

- 2.8 pounds and will be flown at speeds
less than 10 miles per hour, in visual line of sight of the operator, and in remote and unpopulated airspace, speci fically, on the site listed. The PHANTOM does not carry pilots, passengers, explosive materials, or flammable liquid fuels. The PHANTOM will be operated within the parameters of the13 of 20 Manuals.

The proposed operations will be at least as safe as, or safer t han, conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions proposed here.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requi rements for airworthiness certification of normal category rotorcraft. To the extent the PHANTOM would otherwise require certification under Part 27, Drone Academy, USA seeks an exemption from Part 27’s airworthiness standards for the same reasons
identifi ed in the request for exemption from 14 C.F.R. Part 21, Subpart H.

C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and Identification Requirements

14 C.F.R. §45.23(b), Markings of the Aircraft states:

When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, co ckpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

sport, “experimental,” or “provisional,” as applicable.

14 C.F.R. § 45.27(a) states:

Rotorcraft. Each operator of a rotorc raft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identifie d in accordance with part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C if the markings are “as large as practicable.” See Exemption No. 11062, Docket
No. FAA 2014

- 0352, at p. 14.

Equivalent Level of Safety: Drone Academy, USA will mark all PHANTOMs with their N

- Number in a prominent spot on the fuselage with mar kings that are as large as practicable.14 of 20 D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Drone Academy, USA seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying aircraft for compensation or hire and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the pilot is carrying passengers or car go for hire.

While the PHANTOM will be operated as part of a commercial operation, it carries neither passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA

- 2014

- 0352, the FAA determined that the unique characteristics of UAS operation out side of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a commercial pilot certificate and a class II medical certificate. The FAA has also determined that the required knowledge for a comme rcial pilot covers the same fundamental principles as a private pilot.

The PIC will possess at least a private pilot certificate, an airmen medical certificate, and will have completed a DJI Factory

- Certified Basic Operator Course for the PHANTOM.

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the overriding safety factor for the limited operations proposed by the petitioner to be the airmanship skills acquired through UAS

- specific flight cycles, flight time, and s pecific make and model experience, culminating in verification through testing.” See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 18. The proposed operations can achieve an equivalent level of safety by requiring the knowledge and experience in PHA NTOM operations described above.

Furthermore, the security screening conducted by the Transportation Security Administration of certificated airmen satisfies the statutory requirement of Section 333 for operations to not pose a threat
to national securit y.

The restrictions Drone Academy, USA has placed on its PHANTOM operations meet or exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA

- 2014

- 0352. Drone Academy, USA will operate in restricted areas (the site) away from per sons and property not involved in the operation. The aircraft will be flown based on VLOS at or below 400 feet AGL

.

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

Drone Academy, USA seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, Drone Academy, USA15 of 20 requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 Subpart H. See Grant of Exemption No. 11062, p. 19.

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b)No person may operate a U.S.

- registered civil aircraft

-

...

(2)For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless
there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a)Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1)An appropriate and current airworthiness certificate.

(b)No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Drone Academy, USA does not request an exemption from this section but instead notifies the FAA that,
in accorda nce with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, registration certificate and other documentation will be kept at the control station with the PIC during flight. The Chief Counsel’s Office has held that for all UA S operations, this alternate method constitutes full compliance with the regulations. See also Grant of Exemption No. 11062, pp. 19

- 20, and Grant of Exemption No. 8607.

G. 14 C.F.R. § 91.103: Preflight Action

Drone Academy, USA seeks an exemption from 1 4 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA

approved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on board. The
PIC w ill take all actions including reviewing weather, flight battery requirements, landing and takeoff16 of 20 distances and aircraft performance data before initiation of flight. Under these circumstances, the FAA has stated that no exemption is required. See Grant o f Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAA

- approved Flight Manual is required.

Equivalent Level of Safety: An equivalent level of safety will be provided by following the Manuals. The PIC will take all required pref light actions

- including performing all required checklists and reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas

- before initiation of flight. The Manuals will be kept at the ground station with the operator at all times.

H. 14 C.F.R. § 91.109(a): Flight Instruction

Drone Academy, USA seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “[no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.” UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through th e use of the A2 Flight Control System/Ground Control Station (GCS) that communicates with the aircraft via radio
communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on the aircraft and the
GCS will be a saf e distance from the aircraft and the public, causing no safety hazard. Given the size and speed of the PHANTOM, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the aircraft, and al l persons will be a safe distance away in the event that the aircraft experiences any difficulties during flight instruction. In addition, Drone Academy, USA will conduct flight training at a remote facility away from population centers. These training fli ghts will be conducted on the site listed above and will otherwise comply with the provisions in the Manuals. Accordingly, Drone Academy, USA's proposed method of operation provides superior levels of safety.

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitud es in Uncongested Areas

Drone Academy, USA requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. The Manuals provide for operations away from congested populations areas on the sites. The FAA has already determined that relief from Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight restrictions as those imposed by Drone Academy, USA. See Grant of Exemption No. 11062, p. 20

- 21.17 of 20 Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel, a ny risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the PHANTOM, as well as the locations where it is operated

– the sites. In order to avoid any risk to aircraft, flight operations will be restricted to 400 feet AGL or below. As set forth in the Manuals and herein, the PHANTOM will be operated in the remote site, away from persons or structures not involved in the operation. All persons who are not involved with Drone Academy, USA operations will be required to be at least 25 feet from the training perimeter.

J. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, whic h requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport. The PHANTOM uses both barometric pressure sensors and GPS to determine altitude
but does not have the ability to set in a current altimeter setting. An exemption is required to the extent that the PHANTOM does not have a barometric altimeter setting. The altitude of the aircraft is monitored by the PIC on the ground control station and by the Ground Safety Officer.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be achieved if the aircraft will be operated at or below 400 feet AGL and within visual line

- of

- sight in addition to GPS based
altitude info rmation relayed in real time to the operator. See Grant of Exemption No. 11062, p. 20

- 21. As the attached Manuals indicate, the PHANTOM will be operated at or below 400 feet AGL and complies with the limitations in the Grant of Exemption No. 11062.

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

Drone Academy, USA requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in
VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

–

(1) During the day, to fly after that for at least 30 minutes; or

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

The technological limitations on PHANTOM battery power means that no meaningful flight operations18 of 20 can be conducted while still maintaining a 30 minute reserve. The aircra ft is battery powered with a maximum flight time of 25 minutes. Drone Academy, USA proposes that the maximum flight time for

ea ch operational flight will be 15 minutes. The aircraft will be safely landed with no less than the greater of (a) 20% battery li fe remaining or (b) five minutes of flight time remaining.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated with at least 25% reserve battery power still available. See Grant of Exemption No. 11062, p. 21

- 22. The Manuals providing an equivalent level of safety by safely landing with no less than the greater of (a) 20% battery life remaining or (b) five minutes of fligh t time remaining and otherwise complying with the flight
restrictions above.

L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

Drone Academy, USA seeks an exemption from the maintenance inspection requirem ents contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter”). An exemption from these regulations is
needed bec ause Part 43 and these sections only apply to aircraft with an airworthiness certificate, which
the PHANTOM will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Manuals. This includes maintenance, overhaul, replacement, and inspection requirements for the aircraft and procedures to document and maintain maintenance records for the aircraft. This also includes preflight inspection procedures. S ee Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 14

- 15.

As provided in the Manuals, flights will not be conducted unless a flight operations checklist is performed that includes all of the aircraft’s components. The Manuals also set requirements for maintenance log books and record keeping as well as routine and post

- flight maintenance. The Manuals set requirements for both annual maintenance and preventative maintenance.

VI. PUBLIC INTEREST

Granting Drone Academy, USA's petition for exemptio n furthers the public interest. National policy set19 of 20 by Congress favors early integration of UAS into the NAS in controlled, safe working environments such as the sites proposed in this petition. By granting this petition, the FAA will fulfill Congress’s in tent of allowing UAS to operate safely in the NAS before completion of the rulemaking required under Section
332 of the Reform Act.

Moreover, use of unmanned aircraft operations will improve awareness of FAA regulations and provide
a standard level of training for all PHANTOM pilots. The use of the PHANTOM will also decrease safety

related incidents involving new users of quadcopters.

PHANTOM flight training will increase the effectiveness of new users, decrease their safety risks, and
reduce the numb er of incidents between unmanned and manned aircraft.

Thus, the use proposed here will allow Drone Academy, USA train new operators of a PHANTOM for increasing public safety. The PHANTOM is approximately 2.75 pounds, carries no passengers or crew,
and h as no flammable fuel, as opposed to larger and more powerful helicopters and small airplanes. This program may prevent accidents and injuries, and there is a strong public interest in making these operations more safe and effective through the use of UASs

.

VII. PRIVACY

All flights will occur over the identified site. All flights will be conducted in accordance with any federal, state or local laws regarding privacy.

VIII. SUMMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Drone Academy, USA seeks an exemption from the following rules for the purpose of flight training : 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a ) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the operator, the general public and property
owners from the hazards associated with new Phantom pilots.20 of 20 IX. ATTACHMENTS

Attachment 1: DJI PHANTOM 2 User Manual v1.4 Attachment 2: DJI Phantom 2 Quick Start Guide
Attachment 3: DJI Phantom 3 User Manual v1.2 Attachment 4: DJI Phantom 3 Quick Start Guide

X. CONCLUSION

Satisfaction of the crit eria provided in Section 333 of the Reform Act

- size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security considerations

- provides more than adequate justification for the grant of the requested exemptions to permit Drone Academy, USA to operate the PHANTOM on the site requested.

Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger; and (2) decreasing the risks of unmanned aircraft interfering with manned aircraft.

Respectfully submitted,

By: Keith Bruno Chief Flight Instructor
Dro ne Academy, USA (407) 906

- 8287 info@droneacademyusa.com