UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

Regulatory Docket No.

_____ _



### IN THE MATTER OF THE PETITION FOREXEMPTION OF: DIAMOND TECHNICAL SERVICES INC FORAN EXEMPTION SEEKINGRELIEF FROMTHE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & 

### (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

### (a)(2), AND 91.417(a) & 

### (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM2, DJI PHANTOM3 AND DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATIONAND REFORMACT OF2012 (PUBLIC LAW 112-95)

Submitted on July 22, 2015 MarkHorbaczewski Division Manager Chicago Diamond Technical Services, Inc. DTS/ Chicago II office 4 Territorial Court Bollingbrook, II 60440 Office 815 634-2727 DTS/ Blairsville PA Office 9152 Rt 22 Blairsville P A 15717 Office# 724 668 5043 and 815 634 2743 Fax# 815 634 2739
Email: mhorbaczewski@diamondtechnicalservices.comTABLE OF CONTENTS Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUMMARY...........................................................................................................................4 INTRODUCTIONAND INTERESTS OF PETITIONER
....................................................4 BACKGROUND....................................................................................................................4 BASIS FORPETITION.........................................................................................................5 NAME AND ADDRESS OF PETITIONER
.............................................................6 THE SPECIFIC SECTIONS OF 14 C.P.R. FROM WHICH DTS SEEKS EXEMPTION............................................................................................................6
THE EXTENT OF RELIEF DTS SEEKS AND THE REASON DTS SEEKS THE RELIEF....................................................................................................................9 THE REASONS WHY GRANTING DTS REQUEST WOULD BE IN THE PUBLIC INTEREST ............................................................................................ 12
THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY.......................................................................... 14 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

......25 ANY ADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORT DTS REQUEST
......................................................25 CONCLUSION....................................................................................................................25

2AGL AOI ATC ATO AV CFR COA
DTS FAA FAR GCS GPS 

### LE LOL NAS NOTAM PIC Section 333 

## so SOP UA UAS VFR VLOS VMC VTOL GLOSSARY OF ABBREVIATIONS Above Ground Level Area ofInterest Air Traffic Control Air Traffic Organization Aerial Vehicle Code ofFederal Regulations Certificate ofAuthorization
Diamond Technical Services Inc Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System
Lead Pilot Loss ofLink National Airspace System Notice to Airman Pilot In Command FAA Modernization and Reform Act of2012 (FMRA) Section 333 Safety Observer Standard Operating Procedures Unmanned Aircraft UnmannedAircraft System Visual Flight Rules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing



### 3

### SUMMARY

Diamond Technical Services, Inc. seeks exemptionfrom the requirements of 14 C.F.R 

### §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Systempursuantto Section 333 ofthe

FAAModernization and ReformAct of2012 (FMRA). This exemptionwill permit DTS to operate an Unmanned Aircraft System (UAS) for the commercialpurpose of conducting video and photography for the visual inspections ofwind turbine blades, wind turbine equipment and power plant equipment onremote wind fatms and sites over certain areas ofthe United States

. 

### INTRODUCTIONAND INTERESTS OF THE PETITIONER Diamond Technical Services, Inc. (hereinafterreferred to as "DTS") provides its clients with expertise and knowledge in advancedtechnologies and solutions to increase efficiency, productivity and effectiveness for inspections and engineering services. DTS also provides its clients withthe highest quality digital content for use in their commercial,personal, and non-profit multimediaprojects. DTS has professional experience in remote visual inspection ofpower equipment and is recognized as an expert this field. DTS has recreational/hobby experience in all aspects ofaerial video and photography. The objective ofDTS aerial video and photography operations is to providehigh quality imaging for a variety ofcommercial uses onprivate property, specifically targeting: • Wind Turbine Inspections inremote areas. • Power Plant equipment inspections in remote areas. • Construction sites inspections before and after.



### BACKGROUND Unmanned Aircraft Systems: DJI Phantom 2, DJIPhantom 3, DJI Inspire 1 UASs DTS seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 are vertical takeoffand landing (VTOL) UnmannedAircraft (UA) with a Ground Control Station (GCS) utilizing electronictablet or smartphone systems. The DJI Phantom 2, DJI Phantom 3 has a maximum gross weight ofapproximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of8 inches, and a maximum speed ofapproximately 29 knots. The DJI Inspire 1has a maximum gross weight of6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately42 knots. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs are equippedwith four mainrotors; driven by Lithium Polymerbatterypowered electric motors.The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs that will be operated by DTS, LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.RPart 47, AircraftRegistration, and marked in accordance with 14 C.F.R. Part 45, Identification andRegistrationMarking. 

### 4 L 

## IBASIS FORPETITION Petitioner, DTS, pursuantto the provisions ofthe Federal Aviation Regulations (14 C.P.R.§ 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, SpecialRules for Certain UnmannedAircraftSystems, hereby petitions the Administratorto commercially operate the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1 UASs inthe National Airspace System (NAS), and for an exemptionfrom the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, DTS operation ofDJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.P.R. Part 21, Subpart H. Accordingly, DTS requests relieffrom Sections 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. DTS submits that the requested reliefis proper since an equivalent level ofsafety will be ensured. DTS will use experiencedpersonnel or technicians to perform maintenance, alterations, or preventive maintenance onthe UASs using the methods, techniques, and practices prescribed inthe operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, DTS will document and maintain all maintenance records for the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UASs. Relieffrom certainrequirements ofSection 61.113(a) and (b), entitledPrivatepilot privileges andlimitations: Pilot in command, is requested by DTS to the extent necessary to allow a Lead Pilot (LE) 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, thatthe LEis able to certify our PIC to safely operate the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. The Lead Pilot will also certify our PIC after training, preflight and flight hours prior to conducting any inspections. DTS seeks relieffrom Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, DTS submits that he will ensure thatthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs are in an airworthy condition, prior to every flight, by determiningthat the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight. DTS also seeks an exemptionfrom the requirements ofSection 91.121, entitled AltimeterSettings, as the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAto the GCS for active monitoring ofthe flight path. This altitude information, combinedwith DTS operation oftheDJIPhantom 2, DJI Phantom 3 and



### 5DJI Inspire 1 UASs within visual line ofsight, at orbelow 500 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. Additionally, DTS seeks an exemptionfrom the requirements ofSection 91.151(b), entitledFuel requirements for flight in VFR conditions. DTS submits that safety will not be affected by operation ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs during daylighthours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough batterypower to fly for a total duration of approximately 13.5 minutes to the first point ofintendedlanding and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, DTS provides the following information in support ofits petitionfor exemption: 

### A. Name and Address OfThe Petitioner. The name and address ofthe Petitioner and point ofcontact is: Mark Horbaczewski 4 Territorial court Bolingbrook, II 60440 

### Office 815 634-2727
Email: mhorbaczewski@diamondtechnicalservices.com


### B. The Specific Sections of 14 C.F.R. from WhichDTS Seeks Exemption. 1. DTS Seeks ExemptionFrom The Requirements OfSection 61.113(a) And (b).
Section 61.113, entitled Privatepilotprivileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, inrelevantpart: (a) No person who holds a privatepilot certificate may act as a pilot in command (PIC) ofan aircraft that is canyingpassengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC ofan aircraft. (b) A private pilotmay, for compensation or hire, act as PIC ofan aircraft in connectionwith any business or employmentif- (1) The flight is only incidental to thatbusiness or employment; and (2) The aircraft does not carry passengers or propertyfor compensation orhire. 

### 2. DTS Seeks Exemption From The Requirements OfSection 91.7(a). Section 91.7, entitled Civil aircraft airvvorthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

63. DTS Seeks Exemption From The Requirements OfSection 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Eachperson operating an aircraft shall maintainthe cruising altitude or flight level ofthat 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 currentreported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft; (ii) Ifthere is no station within the areaprescribed inparagraph (a)(1)(i) of this section, the currentreported altimeter setting ofan appropriate available station; or (iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure.
4. DTS Seeks Exemption From The Requirements OfSection 91.151(b). Section 91.151, entitledFuel requirements for flight in VFR conditions, subsection (b), states the following: (b) Noperson may begin aflight in a rotorcraft under VFR conditions unless (considering windand forecast weather conditions) there is enough fuel tofly to thefirstpointof intendedlanding and, assuming normal cruisingspeed, to fly after that for at least20 minutes. 5. DTS Seeks Exemption From The Requirement OfSection 91.405(a). Section 91.405, entitledMaintenance required, subsection (a), states the following: Each owner or operator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall betweenrequired inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 ofthis chapter[.] 6. DTS Seeks Exemption From The Requirements OfSection 91.407(a)(l) Section 91.407, entitled Operation after maintenance,preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following: (a) No person may operate any aircraftthat has undergone maintenance, preventive maintenance, rebuilding, or alterationunless--



### 7(1) Ithas been approved for return to service by a person authorized under§ 43.7 ofthis chapter[.]


### 7. DTS Seeks Exemption From The Requirements OfSections 91.409(a)(l) And 91.409(a)(2). Section 91.409, entitledInspections, subsection (a), states the following: (a) Except as provided in paragraph (c) ofthis 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 4 3 ofthis chapter and has been approved for return to service by a person authorized by§ 43.7 ofthis chapter; or (2) An inspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter. 

### 8. DTS Seeks Exemption From The Requirements OfSections 91.417(a) And 91.417(b). Section 91.417, entitledMaintenance records, subsections (a) and (b), state the following: (a) Except for workperformedin accordance with§§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified inparagraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100-hour, annual, progressive, and otherrequired or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date ofcompletion ofthe workperformed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, eachpropeller, and eachrotor.



### 8(ii) The current status oflife-limitedparts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed onthe aircraft which are requiredto be overhauled on a specified time basis. (iv) The currentinspection status ofthe aircraft, includingthe time since the last inspectionrequired by the inspectionprogramunder whichthe aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safetydirective number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified inparagraph (a)(l) ofthis section shall be retained until the work is repeated or supersededby other work or for 1 year after the work is performed. (2) The records specified inparagraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owner or operatorunder§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.



### C. The Extent OfReliefDTS Seeks And The Reason DTS Seeks The Relief. 1. Extent OfReliefDTS Seeks And The Reason DTS Seeks ReliefFrom Section 61.113(a) And (b). Relieffrom Section 61.113(a) and (b) entitledPrivatepilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a privatepilot or higher level certificate, as well as a current and valid airman medical



### 9certificate, and who has met certain flight-hour and currencyrequirements, to conductthe proposed UAS flight operations for compensation or hire. This reliefis requested since the limitations set forth in Section 61.113(a) and (b) state that a privatepilot may, for compensation or hire, act as PIC ofan aircraft in connection with any business or employmentif: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not canypassengers or property for compensation or hire. As set forth more fully below, DTS submits that an equivalent level ofsafety will be maintainedbecause no PIC will be allowed to operate the DJI Phantom 2 UAS or DJI Phantom 3 UAS or DJI Inspire 1 UAS unless that PIC has met certain flight-hour and cunencyrequirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1 UAS in a manner consistent with the operations specifications as described inthis exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, DTS submits that all flights ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, conductedby the PIC pursuantto the grant ofthis Petition: (1) will be incidental to DTS business; and (2) will not canypassengers or prope1ty for compensation or hire. 

### 2. Extent OfReliefDTS Seeks And The Reason DTS Seeks ReliefFrom Section 91.7(a). Relieffrom Section 91.7(a) entitled Civil aircraft airworthiness, is requestedto the extentrequiredto allow DTS to determine thatthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy conditionpriorto every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the DTS Aerial Operations Manual, MonthlyMaintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). DTS seeks the requested reliefbecause the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs do notrequire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, DTS will ensure that the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy conditionbased upon its compliance with the operating documents (i.e., MonthlyMaintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction Manual) priorto every flight, and further, determine that the aircraft are in conditionfor safe flight, as stated inthe conditions and limitations below. 

### 3. Extent OfReliefDTS Seeks And The Reason DTS Seeks ReliefFrom Section 91.121. Relieffrom Section 91.121, entitled Altimeter settings, may be requiredto allow flight operations ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, which utilize a barometricpressure 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 FAArequires that any altitude information concerning UAS operations be reportedto air traffic control (ATC) in feet above ground level (AGL),



### 10DTS seeks the requested reliefbecause the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UA's altimeter may be set onthe ground to zero feet AGL, ratherthanthe local barometricpressure or field altitude, before each flight. Consideringthe limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is sought to the extentnecessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level ofsafety will be maintained since the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs are equippedwith a barometricpressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be establishedprior to each flight, and provides the PIC with altitude information ofthe UA onthe heads-up display ofthe GCS. 

### 4. Extent OfReliefDTS Seeks And The Reason DTS Seeks ReliefFrom Section 91.151(b). Relieffrom Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent requiredto allow flights ofthe battery powered DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs during daylighthours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. DTS seeks the requested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe batterypowered DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs will severely constrainthe practicality ofany aerial video or still photo flight operations that DTS proposes to conduct pursuant to this Petition. Significantly, as set fmih below, the technical specifications ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 operating documents, and DTS proposed operating limitations, ensure that DTS will safely operate the batterypowered DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs during daylighthours invisual meteorological conditions (VMC), under visual flight rules (VFR), with enoughbattery power to fly for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.



### 5. Extent OfReliefDTS Seeks And The Reason DTS Seeks ReliefFrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b). Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, DTS requests relieffrom these Sections because the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs meetthe conditions ofFMRA Section 333 for operationwithout an airworthiness certificate. Accordingly, DTS will use trained technicians to perform maintenance, alterations, or preventive maintenance onthe UASs using the methods, techniques, and practices prescribed inthe UAS operating documents

- -- - - - - - ---- - -----


### 11(i.e., the DTS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, DTS will document and maintain all maintenancerecords for the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs. 

### D. The Reasons Why GrantingDTS Request Would Be In The Public Interest; That Is, How It

### Would BenefitThe Public As A Whole. Granting the present Petition will further the public interest by allowing to safely, efficiently, and economicallyperform aerial video and photography for wind turbine blade inspections, equipment inspections, tower structural inspections landscape onprivate lands over certain areas ofthe United States. Additionally, use ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UASs will decrease congestion ofthe NAS, reduce pollution, and provide significantbenefits to the economy. Notably, the benefits ofDTS proposed operation ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will be realized without implicating any privacy Issues.
1. 

### The Public Will Benefit From Decreased Congestion OfTheNAS. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery for inspections. Byreducing the amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofa DJI Phantom 2, DJI Phantom 3 or DJI Inspire 1 UAS would reduce the amount ofmanned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety oflife and propertyin the air and onthe ground. In addition, using drones would provide an initial inspection ofthe wind turbine without the use ofcranes and personal climbers increasing the safety and risk to the climber inspectors. Furthermore, by reducing the number ofmanned aircraft operating inthe NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs do not require an airportto takeoff or land. Likewise, a reduction ofmanned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases offlight operations.



### 2. The PublicWill BenefitFrom The Safety And Efficiency OfThe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs. Conducting aerial acquisitions with the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, instead ofmanned aircraft, will greatly benefitthe public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations used for inspections. Byusing batterypower and electric motors, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs produce no air pollution, and is the most viable environmentallyconscious alternative to the cabin class, six cylinder internalcombustion engine aircraftthat are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour ofleaded aviation fuel. The DJI 

### 12Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled bybattery powered electric motors, ratherthan an internal combustion engine. Byusing the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs to perform aerial inpections, the substantial risk to life and property inthe air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantiallyreduced or completely eliminated. Aside from the lack offlight crew members located onboardthe aircraft, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel onboard), has less physical potential for collateral damage to life and property on the ground, and inthe air, comparedto the manned aircraftthattypically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately42 feet, a length of34 feet, and a fuel capacity of 180 gallons). 

### 3. PerformingAerialVideo and Photographyfor the ofwind turbine and structural blades inspections With The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs Will Benefit The Economy.
In addition to being safe and efficient, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will allow United States based companies, like DTS, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, withthe rising cost ofaviation fuel and the Environmental ProtectionAgency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. 

### In addition companies inEurope are currentlyperformingthese inspectionusingthe ClUl'entdrone technology. Operating the battery powered DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs is one such technology that not only allows companies greater operational flexibility comparedto manned aircraft, butprovides such flexibility without the high operational cost ofa traditional manned aircraft. ' By operating the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UASs, companies such as DTS, canremain competitive and profitable, and therefore, provide greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and developmentin orderto remain competitiveboth inthe United States and abroad. 

### 4. There Are No Privacy Issues. Similarto the manned aerial acquisition flight operations that have been conducted for decades, DTS, proposed operation ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASswill notimplicate 

### any privacy issues. Specifically, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the DTS, Aerial Operations Manual, Monthly Maintenance Log, 

### 13and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 InstructionManual) whichrequires property owner involvement as well as local law enforcementnotification, and in accordance with the Pederal AviationRegulations, includingthe minimum altitude requirements of 14 C.P.R.§ 91.119. 

### E. The Reasons Why GrantingThe Exemption Would Not Adversely Affect Safety, Or How The ExemptionWould ProvideA Level OfSafety At LeastEqual To That ProvidedBy The Rule FromWhich DTS Seeks Exemption. 1. 

### Reasons Why TheDJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs MeetThe Conditions OfThe FAA Modernization and Reform Act of2012 (FMRA) Section 333. In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, DTS operation ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs meet the conditions ofPMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.P.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazardto users ofthe NAS or the public, or otherwise pose a threat to national security. Specifically, PMRA Section 333 states the following, in part: (a) In General. --Notwithstandingany other requirement of this subtitle, andnot later than 180 days after the date of enactmentof thisAct, the Secretary of Transportation shall determine 

### if certain unmannedaircraftsystems may operate safely in the national airspace system before completion of theplan andrulemaking required bysection 3 3 2 of thisActor the guidance required by section 334 of thisAct. (b) AssessmentofUnmannedAircraftSystems.--In makingthe determination under subsection (a), the Secretary shall determine, ata minimum-- (1) which types of unmannedaircraftsystems, 

### if any, as a result of their size, weight, speed, operational capability,proximity to airports and populatedareas, andoperation within visual line of sightdo not create a hazardto users of the nationalairspace system or thepublic orpose a threat to nationalsecurity; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, UnitedStates Code, is required/or the operation of unmannedaircraftsystems identifiedunderparagraph (1). (c) Requirements for Safe Operation.--If the Secretarydetermines under this section that certain unmannedaircraftsystems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraftsystems in the nationalairspace system.



### 14In seeking this exemption, DTS submits thatthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UASs can operate safely inthe NAS pursuant to FMRA Section 333, as demonstratedby: (a) the characteristics ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs; (b) the pilot certificationrequirement; and (c) the specific operating limitations.



### a. The Specifications OfThe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs DemonstrateIts Safe Characteristics. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs do not create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. 

### i. Technical Specifications OfThe DJI Phantom 2, DJI Phantom 3 and

DJI Inspire 1 UASs. The technical specifications ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs are set forth by the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Specifications and Data Sheet, attachedhereto as Exhibit A, B and C. 

### ii. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs Autonomous FlightAnd Navigation Modes Enable The UASs To Remain Within A Defined OperationalArea. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs may be operated in both manual and fully autonomous flight modes. A complete description ofthe flight and navigationalmodes ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs is provided at pages 25-35 ofthe DJI Phantom 2 and pages 12-16 and 45-50 ofthe DJI Inspire 1 User Manuals, attached hereto as Exhibit D and E. 

### iii. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs Are Designed ForAutomatic Return To Home Point OrHoverIn The Event OfLoss OfThe ControlLink OrNavigation. Whenthe Control Link is lost, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs will remain stationary, inflight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs 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., failsafe mode) via GPS, and will descend to the takeoffposition and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 2 UAS are set forth atpages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 ofthe DJI Phantom 2 and DJI Inspire 1 User Manuals, attached hereto as ExhibitD and E. 

### iv. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 GCS And Its Operation. A complete description ofthe operation and specifications ofthe DJI Phantom 2 andDJI Inspire 1 GCS and flight control

**softwar~** is provided at pages32 through 43 of



### 15the DJI Phantom 2 User Manual and pages 40 through 47 ofthe DJI Inspire 1 User Manual. DJI Phantom 2 and DJI Inspire 1User Manuals are attached hereto as Exhibits D and E. 

### b. Flight Operations ofDJI 

### Phantom 2, DJI 

### Phantom 3 and DJI 

### Inspire 1 UASs Are Limited to The Line OfSight OfA Certificated Pilot in Command with A Safety Observer. DTS will only utilize certificatedpilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots during flight time.



### c. Flights ofDJI 

### Phantom 2, DJI 

### Phantom 3 and DJI 

### Inspire 1 UASs Will Be Conducted PursuantTo Specific OperatingLimitations. In seekingthis exemption, DTS proposes to commercially operate DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UASs for the special purpose ofconducting aerial video and photography over certain areas ofUnited States, pursuantto the following specific operating limitations: 1. Operations authorized by this grant ofexemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1Unmanned Aircraft Systems. Proposed operations ofany other aircraft will require a newpetition or a petitionto amend this grant. 2. UAS operations under this exemption will be limitedto conducting operations for the purpose ofaerial video and photography. 3. The UAs maynot be flown at an indicated airspeed exceeding 20 knots. 4. The UA mustbe operated at an altitude ofno more than 500 feet above ground level (AGL), as indicatedby the procedures specifiedinthe operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be infeet AGL. 5. The UAs must be operated within visual line ofsight (VLOS) ofthe 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 onthe PIC's FAA-issued airman medical certificate. 6. The use offirst person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations mustutilize 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

_

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### __


### 16designated before the flight and cannottransfer his or her designation for the duration ofthe flight. The PIC must ensure that the SO can performthe functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is notpermittedto operate the camera or other instruments. 9. The operating documents and the grant ofexemption must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists betweenthe conditions and limitations contained inthe grant ofexemption and the procedures outlined inthe operating documents, the conditions and limitations contained inthe grant ofexemptiontake 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 documents. Itis the operator's responsibilityto track suchrevisions and present updated and revised documents to the Administratoruponrequest. The operatormust also presentupdated and revised documents ifit petitions for extension or amendmentto the grant ofexemption. Ifthe operator determines that any update orrevision would affectthe basis upon which the FAA granted the exemption, then the operator mustpetitionfor amendmentto its grant of exemption. The FAA's UAS Integration Office (AFS-80) maybe contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspectthe UAS to ensure that it is in a condition for safe flight. Ifthe inspectionreveals a conditionthat affects the safe operation ofthe 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 mustbe included inthe preflightinspection. All maintenance and alterations must be properly documented in the aircraftrecords. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, mustundergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraftrecords. 12. The pre-flightinspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered inthe relevant sections ofthe operating documents. 13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul componentparts mustbe notedintheairoraftrecords,including-totaltime in service, description



### 17ofwork accomplished, and the signature ofthe authorizedperson returning the UAS to service. 15. EachUASs operated under this exemptionmust comply with all manufacturer Safety Bulletins. 16. The authorizedpersonmust make an entry inthe aircraftrecord ofthe corrective action taken against discrepancies discovered between inspections. 17. The PIC mustpossess at least a privatepilot certificate and at least a current third- class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with howthe UAS will be operatedunder the exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualificationflight hours must be logged in a manner consistent with 14 C.P.R. § 61.51(b). Flights for the purposes oftraining the operator's PICs are pe1mitted underthe terms ofthe exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-buildingflights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.P.R.§ 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.P.R.§ 1.1. All operations mustbe conducted under visual meteorological conditions (VMC). Ifflight at night is required, a special request will be made at the FAA office closest to proposed area ofoperations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement withthat airport's managementis obtained, and the operationis conducted in accordance with a NOT AM as required by the operator's COA. The letter ofagreementwiththe airport managementmust be made available to the Administratorupon request. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 22. Ifthe UA loses communications or loses its GPS signal, it mustreturn to a predetermined location within the planned operating area and land or be recovered in accordance withthe operating documents.



### 18 r-- 123. The PIC must abort the flight inthe event ofunpredicted obstacles or emergencies in accordance withthe operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enoughpowerto fly at normal cruising speed to the intended landing point and land the UA with 25% batterypower remammg. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate ofWaiver or Authorization (COA) priorto conducting any operations under the grant ofexemption. This COA will also require the operator to request a Notice to Airman (NOT AM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conductedin accordance with airspace requirements inthe ATO issued COA including class ofairspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrumused for operation and control ofthe UA must comply withthe Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be availableto the PIC at the Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right ofway to all manned aviation operations and activities at all times. 30. The UAS maynot be operatedbythe PIC from any moving device or vehicle. 31. Flight operations mustbe conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operatortrainees 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 ofan accident. The operator must ensure that nonparticipatingpersons remain under such protection. Ifa situation arises where nonparticipatingpersons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or;



### 19b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk of operating closer to those objects and determinedthat it does notpresent an undue hazard, and;

c. Operations nearer to the PIC, SO, operatortrainees or essential persons do not present an undue hazard to those persons per 

### § 91.119(a). 32. All operations shall be conducted over private or controlled-accessproperty withpermission from the land owner/controller or authorizedrepresentative. Permissionfrom land owner/controller or authorizedrepresentative will be obtained for eachflight to be conducted. 33. Any incident, accident, or flight operationthat transgresses the lateral or vertical boundaries ofthe 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 onthe NTSB Web site: www.ntsb.gov. 

### 2. Reasons Why An Exemption From The Requirements OfSection 61.113(a) And (b) Would Not Adversely Affect Safety. DTS submits that the equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UASs unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1UAS in a manner consistent with the exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering DTS proposed area ofoperations, and the operating limitations set forth-above; the parallel nature ofprivate pilot aeronauticalknowledge requirements to those ofcommercial pilotrequirements (See ExemptionNo. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1 UAS, DTS submits that the additional manned airmanship experience ofa commercially certificatedpilot would not conelate to the airmanship skills necessary for DTS specific proposed flight operations. The FAA has previously granted relieffrom Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,11138,11150,11153,11156,11158,11159,11160, 11161). DTS will not allow any PIC to operate the DJI Phantom 2, DJI Phantom 3 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1UAS training and cunencyrequirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1 UAS in a manner consistent with this exemption, including

20 revasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC musthave accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours ofthose 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 hourrequirements, the PIC must accomplish 3 takeoffs and landings inthe preceding 90 days (for currency purposes). As inExemptionNos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level ofsafety during DTS proposed operations. The Administratorhas held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: InExemptionNo. 11062, the FAArequired thatprior to conducting operations for the purpose ofmotionpicture filming (or similar operations), the PIC musthave accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraftpilotincluding at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under ExemptionNo. 11062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model ofUAS to be used for operations under the exemption. For clarification, the FAA considers these minimumhour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included inthe 10 hours ofmulti-rotor time and the 10 hours may be included in the total25 hours ofUAS rotorcrafttime. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currencypurposes). The FAA finds that at a minimum, the flight-hour requirements in ExemptionNo. 11062 are appropriate to practice and buildproficiency in the skills necessary to safely conductthe 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-buildingflights can also be conducted under the grant ofexemption to accomplishthe required flight time. During training, proficiency, and experience-buildingflights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. ExemptionNo. 11138 atpage 15. Accordingly, DTS will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 or DJI Phantom 3or DJI Inspire 1UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currencyrequirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1UAS in a manner consistent withthe exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.



### 21

### 3. Reasons Why An Exemption From The Requirements OfSection 91.7(a) Would Not Adversely Affect Safety. The equivalent level ofsafety established by Section 91.7(a) will be maintained because prior to every flight, DTS will ensure that the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAAhas previously granted relief:from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presentedherein (e.g. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,11138,11150,11153,11156,11157,11158,11159,11160, 11161). 

### 4. Reasons Why An Exemption From The Requirements OfSection 91.121 Would Not Adversely Affect Safety. The equivalent level ofsafety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs will be providedto the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with DTS operation ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UAs within visual line ofsight, at or below 500 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. The altitude informationwill be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiationpoint is automatically established by the UASs at ground level. The FAAhas previously granted relieffrom Section 91.121 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, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

### 5. Reasons Why An Exemption From The Requirements OfSection 91.151(b) Would Not Adversely Affect Safety. A grant ofthis exemption would ensure an equivalent level ofsafety establishedby 14 C.F.R. Section 91.151(b) as a result of(1) the technical specifications ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs; (2) the limitations onthe proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, DTS will ensure that it will safely operate the batterypoweredDJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UAs during daylighthours inVFR conditions, with enough batterypower to fly for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in ExemptionNo. 11109, the technical specifications ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UASs; the limitations onthe proposed flight operations; and the location ofthe 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 2, DJI Phantom 3 and DJI Inspire 1UASs provide audible and visual warnings to the PIC at the GCS whenthe UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining batterypower, and again at approx1mateiy 10% remaining battery power. At the criticalfylow batterylevel, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UASs will descend and land automatically. 

### 22Significantly, previous exemptions granted bythe FAA concerning Section 91.151 establish that safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. Reliefhas been granted for manned aircraftto operate at less thanthe minimums prescribed in Section 91.151, including ExemptionNos. 2689, 5745, and 10650. Moreover, the FAAhas previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all materialrespects, to those presentedherein (e.g. ExemptionNos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

### 6. Reasons Why An Exemption From The Requirements OfSections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b) Would Not AdverselyAffect Safety. In seeking this exemption, DTS submits thatthe equivalent level ofsafety with regard to the regulatory maintenance and alterationrequirements establishedby Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because DTS will use trained technicians to perform maintenance, alterations, orpreventive maintenance onthe UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the DTS Aerial Operations Manual, MonthlyMaintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, DTS will document and maintain all maintenancerecords for the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs. Since the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, DTS will maintainthe equivalent level ofsafety establishedby Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy ofthe DJI Phantom 2 and DJI Inspire 1 User Manuals are attachedhereto as Exhibit D and E; a copy ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAS Maintenance LOG is attached hereto as ExhibitF. Likewise, the exemption sought will not adversely affect safety because DTS will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribedbythe operating documents. Furthermore, the exemption sought would maintain an equivalent level ofsafety establishedby Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will be performed by trained technicians. Maintenance will be documented and maintainedutilizing the monthly maintenance log. Significantly, previous exemptions granted bythe FAA concerning Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establishthat safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. In consideration ofDTS proposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, DTS submits that safety will notbe adversely affected by granting exemption from 14 C.P.R. Sections 91.405(a), 91.407(a)(l) and (a)(2), 91.409(a)(2), and 91.417(a) and(b).

**Th~** FAA has preyiously grantedreliefspecific to UAS in circumstances similar,



### 23in all materialrespects, to those presentedherein (e.g. ExemptionNos. 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 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, DTS requests thatthe FAA prescribe special conditions for the intended operation ofthe DJI Phantom2, DJI Phantom 3 and DJI Inspire 1 UASs, which contain such safety standards thatthe Administratorfinds necessary to establish a level ofsafety equivalentto that established by 14 C.F.R. Part 21, SubpartH, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe UAs for the limitedpurpose ofconducting aerial video and photography over certain areas ofthe United States for compensationor hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwisepose a threatto national security; and further, provides the authority for suchUAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation ofthe UAS in the NAS. Likewise, the Administratormayprescribe special conditions pursuantto 14 C.F.R. § 21.16, for operation ofthe DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features ofthe aircraft. Section 21.16, entitled Special Conditions, states the following: Ifthe FAA finds thatthe airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because ofa novel or unusual design feature ofthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level ofsafety equivalentto that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance withFMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge's intended operation ofthe DJI Phantom2, DJI Phantom 3 and DJI Inspire 1 UASs, which contain such safety standards thatthe Administrator finds necessary to establish a level ofsafety equivalentto that establishedby 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)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b).

24F. A SummaryThat Can Be Published In The FederalRegister, stating: The Rules From Which DTS Seeks Exemption: DTSseeks 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)(l), 91.409(a)(1) & (a)(2), and91.417(a) & (b).
A BriefDescription OfThe Nature OfThe Exemption DTS Seeks: This exemption willpermitDTSto commercially operate an UnmannedAircraft System (UAS)for thepurpose of conductingaerial video and photography over certain areas of the UnitedStates.
G. Any AdditionalInformation, Views, Or Arguments Available To SupportDTS Request.
This Petition is made pursuantto the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportationto determine ifcertain UAS may operate safely inthe NAS. As such, DTS request for exemptionmaybe granted pursuantto the authority ofFMRA 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 hazardto users ofthe NAS or the public, or otherwisepose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, DTS will operate the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs safely in the NAS, without creating a hazardto users of the NAS, or the public, or otherwise pose a threat to national security.
CONCLUSION As setforth herein, DTS seeks an exemption pursuantto 14 C.F.R. § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI Phantom2, DJI Phantom 3 and DJI Inspire 1 UASs commercially, without an airworthiness certificate, for the limitedpurpose ofconducting aerial video and photographyinspection over certainremote areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressionalmandate ofthe FAA Modernization and Reform Act of2012, while also advancingthe interests of thepublic, by allowing DTS to safely, efficiently, and economically operate the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs commerciallywithin the NAS. WHEREFORE, in accordance with the Federal AviationRegulations and the FAA Modernization and ReformAct of2012, Section 333, DTS respectfully requests that the Administrator grantthis Petitionfor an exemptionfrom 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)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), andpermitLeading Edgeto operate the DJI Phantom2, DJI Phantom 3 and DJI Inspire 1 UASs commerciallyfor thepurpose ofconducting aerial video and photography over certain areas ofthe United States.
Dated: July 27, 2015 25Respectfully submitted, 

### MarkHorbaczewski Division Manager Chicago Diamond Technical Services, Inc. DTS/ Chicago II office 4 

### Territorial Court Bollingbrook, II 60440 

### Office 815 634-2727 

### DTS/ Blairsville P A 

### Office 9152 Rt 22 

### Blairsville P A 15717 

### Office# 724 668 5043 

### and 815 634 2727 Fax# 815 634 2739 

### Email: mhorbaczewski@diamondtechnicalservices.com

Appendices:
A - DJI Phantom 2 Specifications Data Sheet B

- DJI Phantom 3 Specifications Data Sheet C

- DJI Inspire 1 Specifications Data Sheet D- DJI Phantom 2 Manufacturer's User Manual E- DJI Inspire 1 Manufacturer's User Manual F -MonthlyMaintenance Log



### 26APPENDIX-A DJI PHANTOM2 TECHNICAL SPECIFICATIONS DTS only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enablingthe user to set parameters which will not allowflight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC viathe linked monitor (smart phone/tablet devices) 1.1 DJI Phantom 2 1.1.1 Aircraft 1.1.1.1 Supported Battery- DJI 5200mAH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)- 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy (Ready to Fly)- Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity- 200°/s 1.1.1.5 Max Tilt Angel- 350 1.1.1.6 Max Ascent Speed- 6m/s 1.1.1.7 Max Descent Speed

- 2m/s 1.1.1.8 Max Flight Speed-15m/s (NOT RECOMMENDED) 1.1.2 Gimbal 1.1.2.1 Working Current- Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy- ±0.03° 1.1.2.3 Controllable Range- Pitch: -90°

- 0° 1.1.2.4 MaximumAngular Speed- Pitch: 90°/s 1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32°F

- 1 04°F (OOC

- 400C) 1.1.3.2 Sensor Size

- 1/2.3" 1.1.3.3 Effective Pixels

- 14M 1.1.3.4 Resolution- 4384x3288 1.1.3.5 HD Video Recording-1080p30 & 720p 1.1.3.6 Recording Field ofView- 1100/850 1.1.4 Transmitter 1.1.4.1 Operating Frequency- 5.728GHz- 5.85GHz 1.1.4.2 CommunicationDistance (unobstructed)- FCC Compliance: 800m 1.1.4.3 Receiver Sensitivity (1 %PER)

- -93dBm 1.1.4.4 Transmitter Power- FCC Compliance: 100mW 1.1.4.5 WorkingVoltage- 120mA@3.7V

1.1.5 Range Extender

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### 1.1.5.1 Operating Frequency- 2412-2462MHz 1.1.5.2 CommunicationDistance (unobstructed)- 500-700m 1.1.5.3 Transmitter Power- 20dBm 1.1.5.4 Power Consumption- 2W

28APPENDIX-B DJI PHANTOM 3 TECHNICAL SPECIFICATIONS DTS onlyutilizes safe and reliable UASs. DJIis an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enablingthe user to set parameters which will not allowflight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limitflight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location informationto the PIC viathe linked monitor (smartphone/tabletdevices) 2.1 DJI Phantom 3
2.1.1 Aircraft 2.1.1.1 SupportedBattery- DJI 6000mAhLiPo 2S 2.1.1.2 Weight (Battery & Propellers Included)- 1280 g 2.1.1.3 Hover Accuracy (Ready to Fly) -Vertical: 1Ocm; Horizontal: 1m 2.1.1.4 Max Ascent Speed- 5m/s 2.1.1.5 Max Descent Speed- 3m/s 2.1.1.6 Max Flight Speed- 16m/s (ATTI mode, no wind) 2.1.2 Gimbal 2.1.2.1 Controllable Range- Pitch: -900 + 300 2.1.2.2 Stabilization- 3-zxis (pitch, roll, yaw) 2.1.3 Camera 2.1.3.1 Sensor- Sony EXMOR 2.1.3.2 Sensor Size- 1/2.3" 2.1.3.3 Effective Pixels- 12.4M 2.1.3.4 Video Recording Mode- 4096x2160p, 3840x2160p, 1920x1080p,

1280x720p 2.1.4 Remote Controller 2.1.4.1 Operating Frequency- 2.400GHz- 1.483GHz 2.1.4.2 Max Distance

- 2000m 2.1.4.3 Receiver Sensitivity (1 %PER) -101dBm+/-2dBm 2.1.4.4 TransmitterPower (EIRP)- FCC: 20dBm, CE: 16dBm 2.1.4.5 Working Voltage- 12A@7.4V



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### APPENDIX-C
DJI INSPIRE 1 TECHNICAL SPECIFICATIONS


### DTS only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location informationto the PIC via the linked monitor (smartphone/tablet devices)
3.2 DJI Inspire 1
3.2.1 Aircraft 3.2.1.1 Model- T600 3.2.1.2 Weight (Battery Included)- 6lbs 7.5291oz (2935g) 3.2.1.3 HoveringAccuracy (GPS Mode)- Vertical: O.Sm; Horizontal: 2.5m 3.2.1.4 Max Angular Velocity- Pitch: 300° 

### js; Yaw: 150° 

### fs 3.2.1.5 Max TiltAngle

... 35° 3.2.1.6 Max Ascent Speed- Sm/s 3.2.1.7 Max Descent Speed- 4mjs 3.2.1.8 Max Speed- 

### 22mjs (ATTI mode, no wind- NOT RECOMMENDED) 3.2.1.9 Max FlightAltitude- 4500m 3.2.1.10 Max Wind Resistance -10m/s 3.2.1.11 Max FlightTime- Approximately 18 minutes 3.2.1.12 MotorModel- DJI 3510 3.2.1.13 Propeller Model- DJI 1345 3.2.1.14 OperatingTemperature Range- 14°Fto 104°F (--10°C to 40°C) 3.2.1.15 Dimensions -17 %" 

### x 17 %" 

### x 12"
3.2.2 Gimbal 3.2.2.1 Model- ZENMUSE X3 3.2.2.2 Output Power (with camera)- Static: 9W; In Motion: 11 W 3.2.2.3 Operating Current- Static: ?SOmA; In Motion: 900mA 3.2.2.4 AngularVibration Range

... ±0.03° 3.2.2.5 Mounting- Detachable 3.2.2.6 Controllable Range- Pitch:

...90° to +30°; Pan: ±320° 3.2.2.7 Mechanical Range- Pitch:

... 125°to 45°; Pan: ±330° 3.2.2.8 Max Controllable Speed- Pitch: 120° 

### js; Pan: 180° 

### js
3.2.3 Camera 3.2.3.1 Name- X3 3.2.3.2 Model- FC350 3.2.3.3 Total Pixels- 12.76M 3.2.3.4 Effective Pixels

- 12.4M

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### 3.2.3.5 Image Max Size- 4000x3000 3.2.3.6 ISO Range- 100

..·3200 3.2.3.7 Field ofView

... 94° 3.2.3.8 CMOS- SonyEXMOR 1/2.3" 3.2.3.9 HD Video Recording- UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30;FHD:1920x1080p24/25/30/48/50/60; HD:1280x720p24/25/30/48/50/60 3.2.3.10 Operating Temperature Range

... 32°F

... 1Q4°F (0°C

... 40°C) 3.2.4 Transmitter 3.2.4.1 Name- C1 3.2.4.2 OperatingFrequency- 5.72S.

..5.850GHz; 2.4QQ

...Z.483GHz 3.2.4.3 Communicating Distance (unobstructed)- 2000m 3.2.4.4 Output Power- 9W 3.2.4.5 OperatingTemperature Range

... 14°Fto 104°F ("-10°C to 40°C) 3.2.4.6 Battery- 600mAh LiPo 2S

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### APPENDIX-D
DJI PHANTOM 2 MANUFACTURER'S USER MANUAL
User manual canbe found at: http://download.dji-innovations.com/downloads/phantom 2/en/PHANTOM2 User Manual vl.4 en.pdf



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### APPENDIX-E DJI INSPIRE 1 MANUFACTURER'S USER MANUAL User manual can be found at: http://download.dji-innovations.com/downloads/inspire lien/Inspire User Manual v1.2 en.pdf



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### APPENDIX-F

MONTHLY!MAINTENANCE!LOG month· {year· UASl#:l Date(lssue( Date(lssue( lssue(Description(&{Maintenance{Conducted Maintenance(Performed(By:((( Discovered Addressed Print(&(Sign Software(Updates 

### L
Airframe( 

# I

Engines

Propellers

Camera(Gimba\

Landing{Gear
Vibration(Dampening

Other:



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