UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF: BRIAN L SHORT**  **FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION**  **OF DJI PHANTOM 2 VISION+ AND DJI INSPIRE 1 UNMANNED**  **AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT OF 2012**

**(PUBLIC LAW 112**
**- 95)** 
Submitted on April 8, 2015
Brian L Short 12170 S Prairie Creek Pkwy Olathe, KS 66061 913

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- 7373**TABLE OF CONTENTS** Page

GLOSSARY OF ABBREVIAT IONS.................................................................................3 SUMMARY.............................................................................................

............................. 4 IN TRODUCTION AND INTERESTS OF PETITIONER.................................................4 BACKGROUND................................................................................................................5 BASI S FOR PETI TI ON..................................................................................................................... ......5 NAME AND ADDRESS OF PETITIONER...........................................................7 THE SPECI FI C SECTIONS OF 14 C.F.R. FROM WHI CH BRIAN L SHORT SEEKS EXEMPTI ON.................................................................................8 THE EXTENT OF RELIEF BRIAN L SHORT SEEKS AND THE REASON BRIAN L SHORT SEEKS THE RELIEF................. .........11 THE REASONS WHY GRANTING BRIAN L SHORT’S REQUEST WOULD BE IN THE PUBLIC IN TEREST .../...................................................14 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY................................. ........................................17 CONCLUSION.................................................................................................................32**GLOSSARY OF ABBREVIATIONS**

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning Sy stem LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing**SUMMARY** Brian L Short seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA M odernization and Reform Act of 2012 (FMRA). This exemption will permit Brian L Short to operate an Unmanned Aircraft S ys tem (UAS) for the commercial purpose of conducting aerial video and photograph y of to be used in television commercials, weather traffic and news reports, and sporting events over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** My name is Brian L Short, Iam 46 ye ars old, with an Bachelors Degree in Corparate Radio & TV. My areas of interests include amateur radio, fl yi ng, and designing and construction of custom made UAS and remote control cars. I am activel y involved in local Emergency Preparedness teams, and Civil Air Patrol The objective of TV25 Aerial Video and Photography Services is to provide hi gh quality imaging for a variety

of commercial and public uses, specifically targeting:

 Creation of commercial messages for Television.

 Video for Weather reporting

 Video for News and Traffic reporting.

 Coverage of Sporting events.**BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 2 Vision+, DJ I Inspire 1 UASs Brian L Short seeks an exemption to operate DJIsy stems for compensation or hire within the NAS. The DJ I Phantom 2 Vision+ and DJIInspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircra ft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. The DJ I Phantom 2 Vision+ has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inc hes, and a maximum speed of approximately 29 knots. The DJ I Inspire 1 has a maximum gross weight of 6 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 approximately

42 knots. The DJ I Phantom 2 Vision+ and DJ I Inspire 1UAs are equipped with four main rotors; driven by L ithium Poly

mer battery

powered electric motors. The DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAs that will be operated b y Brian L Short will be registered in accordance with 49 U.S .C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

**BASIS FOR PETITION** Petitioner, Brian L Short, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commerciall y operate the DJ I Phantom 2 Vision+, DJ I Inspire 1 UASs in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associatedwith the unmanned aircraft and its operation, Brian LShort operation of DJIPhantom 2

Vision+ and DJ I Inspire 1 UASs meets the conditi ons of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, Brian L Short requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y apply to aircraft with an airworthiness certificate. Brian L Short submits that the requested relief is proper since an equivalent level of safet y will be ensured. Brian L Short will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 2 Vision+ and DJIInspire 1 Instruction Manual). Furthermore, Brian L Short will document and maintain all maintenance records for the DJIPhantom 2 Vision+ and DJII nspire 1 UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested b y Brian L Short to the extent necessary

to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated , by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appro priate distances from people, vessels, vehicles and structures. Brian L Short seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Brian L Short submits that he will ensure that the DJ I Phantom 2 Vision+ and DJ I Inspire 1UASs are in an airworth y condition, prior to every flight, b y determining that theUASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight. Brian L Short also seeks an exemption from the requirements of Section 91.1 21, entitled Altimeter Settings , as the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAs will not have a t ypical barometric altimeter onboard. However, altitude information of the DJ I Phantom 2 Vision+ and DJII nspire 1UAs will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Brian L Short’s operation of the DJ I Phantom 2 Visio n+ and DJ I Inspire 1 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally , Brian L Short seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requireme nts for flight in VFR conditions . Brian L Short submits that safet y will not be affected b y operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with e nough battery power to fl y for a total duration of approximately

13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Brian L Short provi des the following information in support of its petition for exemption:

**A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is: Brian L Short 12170 S Prairie Creek Pkwy Olathe, KS 66061 913

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- 7373 Email: kcshorty @gmail.com**B. The Specific Sections Of 14 C.F.R. From Which Brian L Short Seeks Exemption. 1. Brian L Short Seeks Exemption From The Requirements Of Section**  **61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations : Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y for compensation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft. (b) A privat e pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. **2. Brian L Short Seeks Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3. Brian L Short Seeks Exemption From The Requirements Of Section**  **91.121.** Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL , to
-- (i ) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of a n appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. **4. Brian L Short Seeks Exemption From The Requirements**  **Of Section 91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. **5. Brian L Short Seeks Exemption From The Requirement Of Section**  **91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **6. Brian L Short Seeks Exemption From The Requirements Of**  **Section 91.407(a)(1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.] **7. Brian L Short Seeks Exemption From The Requirements Of Sections**  **91.409(a)(1) And 91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months , it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in acc ordance with part 21 of this chapter. **8. Brian L Short Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed i n accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration andrecords of the 100

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

-- (i) A descript ion (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Reco rds containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safet y directives including, for each, the method of compliance, the AD or safet y directive number and revision date. If the AD or safet y directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is r epeated or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furni shed to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief Brian L Short Seeks And The Reason Brian L Short Seeks The Relief.**  **1. Extent Of Relief Brian L Short Seeks And The Reason Brian L Short Seeks Relief From Section 61.113(a) And (b).**  Relief from Section 61.113(a) and (b) entitled Pr ivate pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C holdinga private pilot or higher level certificate, as well as a current and valid airman medical

certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more full y below, Brian L Short submits that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJ I Phantom 2 Vision+ UAS or DJ I Inspire 1 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate either the DJ I Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate dist ances from people, vessels, vehicles and structures. Further, Brian L Short submits that all flights of the DJ I Phantom 2 Vision+ and DJIInspire 1 UASs, conducted by the PI C pursuant to the grant of this Petition: (1) will be incidental to Brian L Short's business; and (2) will not carry passengers or propert y for compensation or hire. **2. Extent Of Relief Brian L Short Seeks And The Reason Brian L Short Seeks Relief From Section 91.7(a).**  Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Brian L Short to determine that the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs are in airworth y condition prior to every flight b y ensuring that the UAS is in compliance with the operating documents (i.e., the Brian L Short Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 2 Vision+ and DJ IInspire 1 Instruction Manual). Brian L Short seeks the requested relief because the DJ I Phantom 2 Vision+ and DJIInspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Brian L Short will ensure that the DJI Phantom 2 Vision+ and DJ I Inspire 1 UASs are in airworth y condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Inspire 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief Brian L Short Seeks And The Reason Brian L Short**  **Seeks Relief From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJIPhantom 2 Vision+ and DJIInspire 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that an y altitude information concerning UAS operations b e reported to air traffic control (ATC) in feet above ground level (AGL), Brian L Short seeks the requested relief because the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometri c pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safet y will be maintained since the DJIPhantom 2 Vision+ and DJIInspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which automaticall y ensures that a ground level pressure setting wil l be established prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display of the GCS. **4. Extent Of Relief Brian L Short Seeks And The Reason Brian L Short Seeks Relief From Section 91.151(b).** 
Relief from Sec tion 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJ I Phantom 2 Vision+ and DJII nspire 1 UAs during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Brian L Short seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 2 Vision+ and DJII nspire 1 UAs will severel y constrain the practicality of any aerial video or still photo flight operations that Brian L Short proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs, the DJ I Phantom 2 Vision+ and DJ I Inspire 1 oper ating documents, and Brian L Short’s proposed operating limitations, ensure that Brian L Short will safely

operate the battery

powered DJ I Phantom 2 Vision+ and DJ I In spire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. **5. Extent Of Relief Brian L Short Seeks And T he Reason Brian L Short**  **Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).** 
Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only appl y to aircraft with an airworthiness certif icate, Brian L Short requests relief from these Sections because the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs do not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 2 Vision+ and DJIInspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Brian L Short will use trained technicians toperform maintenance, alterations, or preventive maintenance on the UASs using the

methods, techniques, and practices prescri bed in the UAS operating documents (i.e., the Brian L Short Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 2 Vision+ and DJ I Inspire 1 Instruction Manual). Furthermore, Brian L Short will document and maintain all maintenance records fo r the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs. **D. The Reasons Why Granting Brian L Short Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.**  Granting the present Petition will further the public interest b y allowing Brian L Short to safely , efficiently , and economically perform aerial video and photograph y of construction sites, real estate, and landscape over certain areas of the United States

. Additionally , use of the DJIPhantom 2 Vision+ and DJIInspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the

econom y. Notabl y, the benefits of Brian L Short’s proposed operation of the DJ I Phantom 2 Vision+ and DJII nspire 1 UASs will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 2 Vision+ and DJ I 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 . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, conges tion around airports caused by arriving and departing aircraft will be reduced. TheDJIPhantom 2 Vision+ and DJII nspire 1 UAs do not require an airport to takeoff or land.

Likewise, a reduction of manned aircraft conducting aerial video and photograph y
m issions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety And Efficiency Of The DJI**  **Phantom 2 Visio n+ and DJI Inspire 1**  **UASs.** Conducting aerial acquisitions with the DJIPhantom 2 Vision+ and DJ I Inspire 1 UASs, instead of manned aircraft, will greatl y benefit the public by drastically reducing the levels of air and noise pollution generated during tr aditional aerial video and still photograph y flight operations. By using battery power and electric motors, the DJ I Phantom 2 Vision+ and DJII nspire 1 UASs produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypicall y utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 2 Vision+ and DJII nspire 1 UAs, while reduci ng the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled b y battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJIPhantom 2 Vision+ and DJIInspire 1 UAs (weighing approximately

2 pounds 11 ounces and 6 pounds 7.5 ounces respectivel y, at their

max imum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectivel y, and with no fuel on board), has less physical potential for collateral damage to life and propert y on the ground, and in the air,

c ompared to the manned aircraft that ty picall y conduct similar operations (weighingapproximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity

of 180 gallons). **3. Performing Aerial Video and Photography Op erations With The DJI**  **Phantom 2 Vision+ and DJI Inspire 1 UASs Will Benefit The Economy.** In addition to being safe and efficient, the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct simi lar aerial operations. As such, operation of the DJ I Phantom 2 Vision+ and DJIInspire 1 UASs will allow United States based companies, like Brian L Short, to remain competitive and contribute to growth of the U.S. economy . Specificall y, with the rising

co st of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powe red DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned airc raft. By operating the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs, companies such as Brian L Short, can remain competitive and profitable, and therefore, provide greater job stability

to employ ees and contractors, which will ultimately contribute to gro wth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax reve nues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Brian L Short’s proposed operation of the DJ I Phantom 2 Vision+ and DJ IInspire 1 UASs will not implicate an y privacy issues. Specificall y, the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the Brian LShort Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Inspire 1 Instruction Manual) which requires propert y owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To**  **That P rovided By The Rule From Which Brian L Short Seeks Exemption.**  **1. Reasons Why The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs**  **Meet The Conditions Of The FAA Modernization and Reform Act of 2012**  **(FMRA) Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Brian LShort’s operation of the DJ I Phantom 2 Vision+ and DJII nspire 1 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y. Speci ficall y, FMRA Section 333 states the following, in part: (a ) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certa in unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b ) Assessment of Unmanned Aircraft Syste ms. --In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populate d areas, and operation within visual line of sight do not createa hazard to users of the national airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthines s certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircra ft systems in the national airspace system. In seeking this exemption, Brian L Short submits that the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJIPhantom 2 Vision+ and DJIInspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 2 Vision+ and DJI Inspire 1**  **UASs Demonstrate Its Safe Characteristics.**
The DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

.

**i. Technical Specifications Of The DJI Phantom 2 Vision+ and DJI**  **Inspire 1 UASs.**  The technical specifications of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs are set forth b y the DJIPhantom 2 Vision+ and DJ I Inspire 1 Specifications and Data Sheet, attached hereto as Exhibit A and B.

**ii. The DJI Phantom 2 Vision+ and DJI Inspire 1**  **UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within**  **A Defined Operational Area.**
The DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs may be operated in both manual and full y autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs is provided at pages 25

- 35 of the DJIPhantom 2 Vision+ and pages 12

- 16 and 45

- 50 of the DJ I Inspire 1 User Manuals, attached hereto as Exhibit C and D.

**iii. The DJI Phantom 2 Vision+ and DJI Inspire 1**  **UASs Are Designed For Automatic Return To Home Point Or Hover In The Event Of**  **Loss Of The Control Link Or Navigation.** 
When the Control L ink is lost, the DJIPhantom 2 Vision+ and DJ I Inspire 1 UAs will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2 Vision+ and DJII nspire 1 UAs do not reacq uire control link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsaf e Functions of the DJ I Phantom 2 Vision+ UAS are set forth at pages 27 through 29 and for the DJ I Inspire 1 at pages 13 through 15 of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 User Manuals, attached hereto as Exhibit C and D. **iv. The DJI Phantom 2 Visio**  **n+ and DJI Inspire 1 GCS And Its** 

**Operation.** A complete description of the operation and specifications of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 GCS and flight control software is provided at pages 32 through 43 of the DJ I Phantom 2 Vision+ User Manual and pages 40 through 47 of the DJIInspire 1 User Manual. DJ I Phantom 2 Vision+ and DJ I Inspire 1 User Manuals are attached hereto as Exhibits C and D.

**b. Flight Operations Of DJI Phantom 2 Vision+ and DJI Inspire 1**  **UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command**  **With A Safety Observer.** Brian L Short will only

utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs. Additionally , a safet y observer will assist all pilots during flight time.

**c. Flights Of DJI Phantom 2 Vision+ and DJI Inspire 1**  **UASs Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking thi s exemption, Brian L Short proposes to commerciall y operate DJ IPhantom 2 Vision+ and DJII nspire 1 UASs for the special purpose of conducting aerial

video and photograph y over certain areas of United States, pursuant to the following specific operating li mitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 Vision+ and DJ I Inspire 1 Unmann ed Aircraft S ys tems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograph y. 3. The UAs may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PI C alway s maintains VLOS capability . The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duratio n of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties bey ond assisting the PI C with seeing and avoiding other air traffic and other ground based obsta cles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exist s between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the ope rator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator u pon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. I f the operator determines that an y update or revision would affect the basis upon which theFAA granted the exe mption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C mus t inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UA S is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. 11. Any UAS that has undergone maintenance or a lterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. 12. Th e pre - flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not alread y covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/c omponent, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alt erations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the abil ity to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification fl ight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated trainin g sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Adminis trator upon request. 21. The UA may

not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C. 22. If the UA loses communications or loses its GPS signal, it must return to a pre - determined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power r emaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM ) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder r equirements. 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 spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available to the Administrator or an y law enfo rcement official upon request.29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that suf ficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. I f a situation arises where nonparticipating persons leave such protectio n and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C h as made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees 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

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative wil l be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Off ice (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. **2. Reasons Why An Exemption From The Requirements Of Section 61.113(a)**  **And (b) Would Not Adversely Affect Safety.** Brian L Short submits that the equivalent level of safet y established b y Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 2 Vision+ and DJII nspire 1 UASs unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.Considering Brian L Short’s proposed area of operations, and the operating

limitations set forth

- above; the par allel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safel y operate the DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS, Brian L Short submi ts that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for Brian L Short’s specific proposed flight operations. The FAA has previously

granted relief from Section 61. 113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Brian L Short will not allow an y P IC to operate the DJ I Phantom 2 Vision+ or DJIInspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 2 Vision+ or DJI Inspire 1 UAS training and currency

r equirements, that the PIC is able to safel y operate the DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles an d structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and m odel of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safet y during Brian L Short’s proposed operations. The Administratorhas held th at prior documented flight experience that was obtained in compliance with

applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion pict ure filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requireme nts, the PIC must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency

purposes). The FAA finds that at a minimum, the flight

hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency

in the skills nece ssary

to safel y conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience

- build ing flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F. R 91.119. Exemption No. 11138 at page 15. Accordingl y, Brian L Short will ensure safe operations by not allowing an y PI C to operate the DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision+ or DJ I Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, ve hicles and structures. **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent level of safet y established b y Section 91.7(a) will be maintained because prior to every

flight, Brian L Short will ensure that the DJ I Phantom 2 Vision+ or DJIInspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previously granted relief from Section 91.7(a) specificto UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safet y established b y Section 91.121 will be maintained because the altitude information of the D JIPhantom 2 Vision+ and DJ I Inspire 1 UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information , combined with Brian L Short’s operation of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safet y equivalent to Section 91.121. The altitude information will be generated b y GP S equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by

the UASs at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those 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 Requirem ents Of Section 91.151(b)**  **Would Not Adversely Affect Safety.** A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJ I Phantom 2 Vision+ and DJII nspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, Brian L Short will ensure that it will safely operate the battery

powered DJ I Phantom 2 Vision+ and DJ I Inspire 1 UAs during day light hours in VFR conditions, with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and,assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Here, as in Exempt ion No. 11109, the technical specifications of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safet y established by

14 C.F .R. Section 91.151(b). Furthermore, safet y will be ensured as the DJIPhantom 2 Vision+ and DJII nspire 1 UASs provide audible and visual warnings to the PI C at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 3 3% remaining battery

p ower, and again at approximately 1 0% remaining battery

power. At the criticall y low battery level, the DJ I Phantom Vision+ and DJIInspire 1 UASs will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversely

affected when the technical char acteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would**  **Not Adversely Affect Safety.** In seeking this exemption, Brian L Short submits that the equivalent level of safet y with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Brian L Short will u se trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Brian L Short Aerial OperationsManual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ and DJ I Inspire 1 Instruction Manual). Furthermore, Brian L Short will document and maintain all maintenance records for the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs. Since the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs wi ll be inspected as prescribed b y the operating documents, Brian L Short will maintain the equivalent level of safet y established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of the DJIPhantom 2 Vision+ and DJII nspire 1 User Manuals are attached hereto as Exhibit C and D; a cop y of the DJ I Phantom 2 Vision+ and DJIInspire 1 UAS Maintenance LOG is attached hereto as Exhibit E. Likewise, the exemption sought will not adversel y affect safety because Brian L Short will use trained technician s to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safet y established by

Se ctions 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJIPhantom 2 Vision+ and DJII nspire 1 UASs will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safet y is not adversel y affected when the technical characteristics and operating limitations of th e UAS are considered. In consideration of Brian LShort’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 2 Vision+ and DJ I In spire 1 UASs, Brian L Short submits that safety will not be adversel y affec ted by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previousl y granted relief 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, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , Brian L Short requests that the FAA prescribe special conditions for the intended operation of the DJIPhantom 2 Vision+ and DJ I Inspire 1 UASs, which contain such safet y standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photograph y over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certificati on in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 2 Vision+ and DJ I In spire 1 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safet y standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or p ropeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safet y standards for the aircraft, aircraft engine or propeller as the FAA find s necessary to establish a level of safet y equivalent to that established in the regulations.See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intende d operation of the DJ I Phantom 2 Vision+ and DJII nspire 1 UASs, which contain such safet y standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
 **A Summary That Can Be Published In The Federal Register,**  **stating: The Rules From Which Brian L Short Seeks Exemption:**  Brian L Short seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption Brian L Short Seeks:** This exemption will permit Brian L Short to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

 **Any Additional Information, Views, Or Arguments Available To Support B**  **rian L Short’s Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may

operate safel y in the NAS. As such, Brian L Short’s request for exemption may

be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public , or otherwise pose a threat to national securit y; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Brian L Short will operate the DJ I Phantom 2Vision+ and DJ I Inspire 1 UASs safel y in the NAS, without creating a hazard to users of

the NAS, or the public, or otherwise pose a threat to national securit y.

**CONCLUSION** As set forth herein, Brian LShort seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom 2 Vision+ and DJ I Inspire 1 UASs commerciall y, w ithout an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting thisPetition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA

Modern ization and Reform Act of 2012, while also advancing the interests of the public, by allowing Brian L Short to safely , efficiently , and economicall y operate the DJ I Phantom 2 Vision+ and DJII nspire 1 UASs commerciall y within the NAS. **WHEREFORE** , in accord ance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Brian L Short respectfull y requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit L eading Edge to operate the DJ I Phantom 2 Vision+ and DJII nspire 1 UASs commerciall y for the purpose of conducting aerial video and photograp hy over certain areas of the United States. Dated: March 28, 2015

Respectfully submitted, Brian L Short

_________________________ Brian L Short Brian L Short 12170 S Prairie Creek Pkwy Olathe, KS 66061 913

- 638

- 7373
Appendices : A

– DJ I Phantom 2 Vision+ Specifications Data Sheet B

– DJ I Inspire 1 Specifications Data SheetAPPENDIX

– A **DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS** Brian L Short onl y utilizes safe and reliable UASs. DJIis an industry leader in small UAS production. DJ I 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, DJIsoftware provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/tablet devices) 1.1 DJIPhantom 2 Vision+ 1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJ I 5200mAH LiPo Battery 1.1.1.2 Weight (Battery

& Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy

(Ready to Fl y)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angul ar Velocit y - 200 /s 1.1.1.5 Max Tilt Angel

- 35 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED) 1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dy namic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 1.1.2.3 Controllable Range

– Pitch:

- 90

- 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 /s 1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 F

- 104 F (0 C

- 40 C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110 /85 1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m 1.1.4.3 R eceiver Sensitivity (1%PER)

- - 93dBm 1.1.4.4 Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@3.7V 1.1.5 Range Extender 1.1.5.1 Operating Frequency

– 2412

- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m 1.1.5.3 Tr ansmitter Power

– 20dBm 1.1.5.4 Power Consumption

– 2W

APPENDIX

– B **DJI INSPIRE 1 TECHNICAL SPECIFICATIONS** Brian L Short onl y utilizes safe and reliable UASs. DJI is an industry

leader in small UAS production. DJ I 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, DJIsoftware provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/tablet devices) 2.2 DJI Inspire 1 2.2.1 Aircraft 2.2.1.1 Model

– T600 2.2.1.2 Weight (Battery Included)

– 6lbs 7.5291oz (2935g) 2. 2.1.3 Hovering Accuracy (GPS Mode)

– Vertical: 0.5m; Horizontal: 2.5m 2.2.1.4 Max Angular Velocity

– Pitch: 300 0/s; Yaw: 1500/s 2.2.1.5 Max Tilt Angle

- 35 0 2.2.1.6 Max Ascent Speed

– 5m/s2.2.1.7 Max Descent Speed

– 4m/s 2.2.1.8 Max Speed

– 22m/s (ATTI mode, no wind

– NOT RECOMMENDED) 2.2.1.9 Max Flight Altitude

– 4500m 2.2.1.10 Max Wind Resistance

– 10m/s 2.2.1.11 Max Flight Time

– Approximately 18 minutes 2.2.1.12 Motor Model

– DJI 3510 2.2.1.13 Propeller Model

– DJI 1345 2.2.1.14 Operating Temperature Range
– 14 0F to 1040F (

- 10 0C to 400C) 2.2.1.15 Dimensions
– 17 1⁄4” x 17 3⁄4” x 12” 2.2.2 Gimbal 2.2.2.1 Model

– ZENMUSE X3 2.2.2.2 Output Power (with camera)

– Static: 9W; In Motion: 11W 2.2.2.3 Operating Current
– Static: 750mA; In Motion: 900mA 2.2.2.4 An gular Vibration Range

- ±0.03 0 2.2.2.5 Mounting
– Detachable 2.2.2.6 Controllable Range

– Pitch:

- 90 0 to +300; Pan: ±3200 2.2.2.7 Mechanical Range

– Pitch:

- 125 0 to 450; Pan: ±3300 2.2.2.8 Max Controllable Speed

– Pitch: 120 0/s; Pan: 1800/s 2.2.3 Camera 2 .2.3.1 Name
– X3 2.2.3.2 Model

– FC350 2.2.3.3 Total Pixels

– 12.76M 2.2.3.4 Effective Pixels

– 12.4M 2.2.3.5 Image Max Size
– 4000x3000 2.2.3.6 ISO Range
– 100

- 3200 2.2.3.7 Field of View

- 94 0 2.2.3.8 CMOS
– Sony EXMOR 1/2.3” 2.2.3.9 HD Video Recording

– UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60 2.2.3.10 Operating Temperature Range

- 32 0F

- 104 0F (00C

- 40 0C) 2.2.4 Transmitter 2.2.4.1 Name
– C1 2.2.4.2 Operating Frequency
– 5.728

- 5.850GH z; 2.400

- 2.483GHz 2.2.4.3 Communicating Distance (unobstructed)

– 2000m 2.2.4.4 Output Power
– 9W 2.2.4.5 Operating Temperature Range

- 14 0F to 1040F (

- 10 0C to 400C) 2.2.4.6 Battery
– 600mAh LiPo 2S