UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

PETITION FOR EXEMPTION

Eugene Lew FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREM ENTS 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 UNMANN ED AIRCRAFT SYSTEMS
PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112
- 95)

Submitted on April 1 5 , 2015 Eugene Lew 9200 SE Sunnybrook Blvd, #100 Clackamas , O R 97015 Mobile : ( 503 ) 781

- 91082 TABLE OF CONTENTS Page
GLOSSARY OF ABBREVIATIONS...................................................................................3
SUMMARY...................................................................................................................... .....4
INTRODUC TION AND INTERESTS OF PETITIONER....................................................4
BACKGROUND...................................................................................................................

. 5
BASIS FOR PETITION.................... .....................................................................................5
NAME AND ADDRESS OF PETITIONER............................................................

. ......... . 8
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH EUGENE LEW SEEKS EXE MPTION.................................................................

........................................................ 8
THE EXTENT OF RELIEF EUGENE LEW SEEKS AND THE REASON EUGENE LEW SEEKS THE RELIEF.........................

........................... .......................................... 12
THE REASONS WHY GRANTING EUGENE LEW ’S REQUEST WOULD BE IN THE PUBLIC INTEREST .................................................

................................................ ........15
THE REASONS WHY GRANTING TH E EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY.........................................................................

..................................... .1 7
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......

............ 3 2
ANY ADDITIONAL INFORM ATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT EUGENE LEW ’S REQUEST...

................................................. ......34
CONCLUSION................................................................................................................... .35
APPENDICES............................................................ ............................373 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 Fede ral Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Moderniz ation and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Condition s VTOL Vertical Takeoff and Landing4 SUMMARY Eugene Lew 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 Ai rcraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Eugene
Lew to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of Real P roperty, and landscape s over certain
areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER Eugene Lew is a Real Estate Agent, who markets Real Estate and Land on behalf of
his clients . He has expertise and knowledge in advanced technolo gies and solutions to increase efficiency, productivity and effectiveness. Eugene Lew also works with other Real Estate Agents in providing quality digital content for use in their Real Estate marketing
efforts

. Eugene Lew has over 7 years of professional experience in High Tech, and 12 years in Real Estate marketing and sales . He has over 400 hours of logged PIC time in single engine land aircraft, and possesses a Private Pilot Certificate. He has also conducted
aerial video and photography on a hobby basi s throughout the years . The objective of Eugene Lew ’s aerial video and photography operation s is to provide high quality imaging for a variety of marketing purposes in the course of selling Real Estate, as well as provide content for other Real Estate agen ts , specifically targeting:

 Real Estate (Homes, vacant land, subdivisions)

 Aerial acquisitions used for inspections of public and private structures.

 Increase public knowledge of UAS and promote safe UAS operations.5 BACKGROUND Unmanned Aircraft Systems: Th e DJI Phantom 2 Vision+, and the DJI Inspire 1 UASs Eugene Lew seeks an exemption to operate one of 2 different DJI UAS systems for marketing or for compensation or hire within the NAS. The DJI Phantom 2 Vision+ and DJI Inspire 1 are vertical takeoff and l anding (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI 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 inches, and a maximum speed of approximately 29 knots. The DJI 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 DJI Phantom 2 Vision+ and DJI Inspire 1UAs are equipped with four main rotors; driven by Lithium Polymer b attery powered
electric motors. The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs that will be operated by Eugene
Lew 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, Eugene Lew , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 2 Vision+, DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the6

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 associated with the unmanned aircraft and its operation, Eugene Lew ’s operation of DJI Phantom 2 Vision+ and DJI Inspire 1 UASs meets the conditions of FMRA Section 333 and therefor e, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart
H

. Accordingly, Eugene Lew 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 requir ements for maintenance that only apply to aircraft with an airworthiness certificate. Eugene Lew submits that the requested relief is proper since an equivalent level of safety will be ensured. Eugene Lew will use experienced personnel or technicians to

p erform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual s ). Furthermore, Eugene Lew will document

a nd maintain all maintenance records for the DJI Phantom 2 Vision+ and DJI Inspire 1
UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Eugene Lew to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs in a manner consistent with this7

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Eugene Lew seeks rel ief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Eugene
Lew submits that he will ensure that the DJI Phantom 2 Vision+ and DJI Inspire 1UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI
Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight. Eugene Lew also seeks an exemption from the requirements of Section 91.121,
entitled Altimeter Settings , as the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs will not
h ave a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which
downli nks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Eugene Lew ’s operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs within vis ual line of sight, at or below 4 00 feet AGL, will ensure a
le vel of safety equivalent to Section 91.121. Additionally, Eugene Lew seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Eugene Lew submits that safety will not be affected by operation o f the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight8

rules (VFR), with enough battery power to fly for a total duration of approximately 15 minutes to the first point of inten ded landing and, assuming normal cruising speed, to fly
after that for at least 5 minutes. In accordance with 14 C.F.R. § 11.81, Eugene Lew provides 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: Eugene Lew 9200 SE Sunnybrook Blvd, #100 Clackamas, OR 97015 Mobile: (503) 781

- 9108 Email: eugene@spiretech.com B. The Spec ific Sections Of 14 C.F.R. From Which Eugene Lew Seeks Exemption.
1. Eugene Lew 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 ho lds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for com pensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. Euge ne Lew Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:9 (a) No person may operate a civil aircraft unless it is in an airworthy condition.
3. Eugene Lew 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 aircr aft, 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 n o station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.
4. Eugene Lew 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. Eugene Lew 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[.]10 6. Eugene Lew Seeks Exemption From The Requiremen ts 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 by a person authorized under § 43.7 of this chapter[.]
7. Eugene Lew 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 acc ordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.
8. Eugene Lew 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 in accordance with §§ 91.411 and 91.413, each regist ered 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 and records of the 100

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

--11 (i) A description (or reference to data acceptable to the Administrator) of th e 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) Records 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 whic h 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 safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in 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 furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects a re repaired and the aircraft is approved for return to service.12

C. The Extent Of Relief Eugene Lew Seeks And The Reason Eugene Lew Seeks The Relief.
1. Extent Of Relief Eugene Lew Seeks And The Reason Eugene Lew Seeks Relief From Section 61.113(a) And (b ). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and
limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman me dical 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 pr ivate pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for

compensa tion or hire. As set forth more fully below, Eugene Lew submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+ UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI 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 distances from people, vessels, vehicles and structures. Further, Eugene Lew submits that all flights of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Peti tion: (1) will be13

incidental to Eugene Lew ’s business; and (2) will not carry passengers or property for compensation or hire.
2. Extent Of Relief Eugene Lew Seeks And The Reason Eugene Lew 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 Eugene Lew to determine that the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance wit h the operating documents (i.e., the Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual). Eugene Lew seeks the requested relief because the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Eugene Lew will ensure that the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e ., Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI 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 O f Relief Eugene Lew Seeks And The Reason Eugene Lew Seeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJI Phantom 2 Vision+ and DJI Inspire 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 PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS oper ations be reported to air traffic control (ATC) in feet above ground level (AGL), Eugene Lew seeks the requested relief because the DJI Phantom 2 Vision+ and DJI Inspire 1 UA’s14

altimeter may be set on the ground to zero feet AGL, rather than the local baro metric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and
limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure settin g will be established prior to each flight, and provides the PIC with
altitude information of the UA on the heads

- up display of the GCS.
4. Extent Of Relief Eugene Lew Seeks And The Reason Eugene Lew Seeks Relief From Section 91.151(b).
Relief from Sect ion 91.151(b) entitled Fuel requirements for flight in VFR
conditions , is requested to the extent required to allow flights of the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at
least 5 minutes. Eugene Lew seeks the requested relief because without an exemption fro m Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight operations that Eugene Lew proposes to conduct pursuant to t his Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, the DJI Phantom 2 Vision+ and DJI Inspire 1 operating documents, and Eugene Lew ’s proposed operating limitations, ensure tha t Eugene Lew will safely operate the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAs15

during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 15 m inutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5
minutes.
5. Extent Of Relief Eugene Lew Seeks And The Reason Eugene Lew Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & ( a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Eugene Lew requests relief from
these Sections because the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Eugene Le w will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Monthly Maintenance Log, and DJI Phantom 2 Vision+ a nd DJI Inspire 1 Instruction Manual s ). Furthermore, Eugene Lew will document and maintain all maintenance records for the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs. D. The Reasons Why Granting Eugene Lew ’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petition will further the public interest by allowing Eugene
Lew to safely, efficiently, and economically perform aerial video and photography of Real
E state, Vacant Land, and subdivisi ons over certain areas of the United States. Additionally, use of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the16

economy. Notably, the benefits of Eugene Lew ’s proposed operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will be realized without implicating any privacy issues. 1. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 2 Vision+ 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. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a D JI Phantom 2 Vision+ or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. 2. The Public Will Benefit From The Safety A nd Efficiency Of The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs. Conducting aerial acquisitions with the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the
substantial r isk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 Vision+ 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,
with widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has l ess physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 4 , 4 5 0 pounds with a wingspan of approximately 3 7 feet, a leng th of 4 2 feet, and a fuel capacity of 1 1 0 gallons , (Specifications of a Bell Jet Ranger 206) ).17 3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Will Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 2 Vision+ and DJI Inspire
1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 Vision+ and DJI Inspire 1
UASs will allow United States citizens , like Eugene Lew , to remain co mpetitive and contribute to growth of the U.S. economy. Specifically, with the housing sector, o perating the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UASs is one such technology that not only allows citizens such as Eugene Lew to remain comp etitive and profitable, and therefore, provide greater exposure and marketing of said real property , which will ultimately contribute to growth of the U.S. economy housing sector

. 4. There Are No Privacy Issues. Similar to the manned aerial acquisition f light operations that have been conducted for decades, Eugene Lew ’s proposed operation of the DJI Phantom 2 Vision+ and DJI Inspire
1 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will be operate d only in compliance with operating documents (i.e., DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual) which requires property
owner involvement and in accordance with the Federal Aviation Regulation s, 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 Provided By The Rule From Which Eugene Lew 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 333.18 In consideration of the size, weight, speed, and limited operating area a ssociated with the unmanned aircraft and its operation, Eugene Lew ’s operation of the DJI Phantom 2 Vision+ and DJI Inspire 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 security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

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

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

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airpo rts and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, 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
s ection that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Eugen e Lew submits that the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as19

demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs; (b) the pilot certification req uirement; 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 DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do not create a hazard to users
of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs. The technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs are set forth by the DJI Phantom 2 Vision+ and DJI 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 DJI Phantom 2 Vision+ and DJI Inspire 1 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI P hantom 2 Vision+ and DJI Inspire 1 UASs is provided in the DJI Phantom 2 Vision+ and the DJI 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 Link is lost, the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom
2 Vision+ and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs20

will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A compl ete description of the Failsafe Functions of the DJI Phan tom 2 Vision+
UAS and the DJI Inspire 1 User Manuals respectively , attached hereto as Exhibit C and D.

iv. The DJI Phantom 2 Vision+ and DJI Inspire 1 Safety Zones
. A recent firmware update provid es Safety Zones whereby restrictions are self imposed by the software in the UAS. The restricted areas are divided into Category A, and Category B. Category A is around larger airports like LAX and Heathrow. Within 1.5
miles of this zone, the UA will not t ake off. Between 1.5 miles and 5 miles, the maximum altitude is 35 feet. If flying within 320 feet this safety zone, a warning message will appear on the DJI Vision app. Category B safety zone is around smaller airports. Within .6 miles of this zone, the U A will not take off. If flying within .6 miles this safety zone, a warning message will appear on the DJI Vision app., A comple te description of the “Flight
Restriction of Restricted Areas” of the DJI Phantom 2 Vision+ and DJI Inspire 1 GCS and flight cont rol software is provided the DJI Phantom 2 Vision+ User Manual and the DJI Inspire 1 User Manual s respectively

. The DJI Phantom 2 Vision+ and DJI 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. Eugene Lew will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command ( PIC) of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots during flight time.21 c. Flights Of DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, Eugene Lew proposes to commercially operate DJI Phantom 2 Vision+ and DJI Inspire 1 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision+ and DJI Insp ire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 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 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unles s a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). Th e SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.22 9. The operating documents and the grant of exemption must be accessible during U AS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations co ntained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibilit y to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determ ines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regardi ng updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be prop erly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC wh o conducts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keep ing requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in 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 correct ive action taken against discrepancies discovered between inspections.23 17. The PIC must possess at least a private pilot certificate and at least a current third

- class medical certificate or valid driver’s license issued by a state

. 18. The operator m ay not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are pe rmitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered n onparticipants, and the PIC 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 un der 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 o perate 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 requ ired by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when vi sibility is less than 3 statute miles from the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating docum ents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there i s enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.24 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to con ducting any 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 ac cordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in ac cordance 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 Cont rol Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or esse ntial persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating perso ns remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structur es where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operat ions nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).25 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/contr oller or authorized representative. Permission from land owner/controller or authorized representative will 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 Office (AFS

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

. 2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety. Eugene Lew submits that the equivalent level of safety established by Section
61. 113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs 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 Vision+ or DJI 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 Eugene Lew ’s proposed area of operations, and the operating
limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safely opera te the DJI Phantom 2 Vision+ or DJI Inspire
1 UAS, Eugene Lew submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Eugene Lew ’s specific proposed flight ope rations. 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.26

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110 , 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Eugene Lew will not allow any PIC to operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI P hantom 2 Vision+ or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and mainta ining appropriate distances from people, ve ssels,
vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a
minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Eugene Lew ’s proposed operations. The Administrator
has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion pictur e 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 op erations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot27 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 requirement s, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necess ary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

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

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Eugene Lew will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency r equirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI 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. 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Eugene Lew will ensure t hat the DJI Phantom 2 Vision+ or DJI Inspire 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 S ection 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.28

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 safety established by Section 91.121 will be maintained
because the altitude information of the DJI Phantom 2 Vision+ and DJI 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 wi th Eugene Lew ’s operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment inst alled 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 materi al 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 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 DJI Phantom 2 Vision+ and DJI Inspire 1 UA Ss; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Eugene
Lew will ensure that it will safely operate the battery powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAs during daylig ht hours in VFR conditions, with enough battery power to29

fly for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. Here, as in Exemption No. 11109, the tech nical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining batte ry power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom Vision+ and DJI Inspire 1 UASs will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Sec tion 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.15 1, 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, 1 1042, 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 9 1.417(a) & (b) Would Not Adversely Affect Safety. In seeking this exemption, Eugene Lew submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by30

Sections 91.405(a), 91.407(a)(1), 91. 409(a)(1) & (a)(2), and 91.417(a) & (b) will be met
because Eugene Lew will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating document s (i.e., the Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual). Furthermore, Eugene Lew will document and maintain all maintenance records for the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs

. Since the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, Eugene Lew will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the D JI Phantom 2 Vision+ and DJI Inspire 1 User Manuals are attached hereto as Exhibit C and D; a copy of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS Maintenance LOG is
attached hereto as Exhibit E. Likewise, the exemption sought will not adversely affect safety because Eugene
Lew will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would ma intain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will be performed by trained technicians.
Maintenance will be documented and maintaine d utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is31

not adversely affected when the technical chara cteristics and operating limitations of the
UAS are considered.
In consideration of Eugene Lew ’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, Eugene Lew submits tha t safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material r espects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 7. The FAA May Prescribe Any Other Conditions For Safe Ope ration.
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 , Eugene Lew requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 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 photography over certain areas of the United States for compen sation 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 certification32

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 DJI Phantom 2 Vision+ 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 of the aircraft. Section 21.16,
entitled Special Co nditions , 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 t he 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 of this chapter and contain such safety standards for the aircraft, aircraft en gine or propeller as the FAA finds necessary to establish a level of safety 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 cond itions for Leading Edge’s intended operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Eugene Lew Seeks Exe mption: Eugene Lew seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).33 A Brief Description Of The Nature Of The Exemption Eugene Lew Seeks: This exemption will permit Eugene Lew to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.
G. Any Additional Information, Views, Or Arguments A vailable To Support Eugene Lew ’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 safely in the NAS. As such , Eugene Lew ’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 NA S or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness
certification. As discussed in detail above, Eugene Lew will operate the DJI Phantom 2 Vision+ and DJI Insp ire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION As set forth herein, Eugene Lew seeks an exemption pursuant to 14 C.F.R. § 11.61
and Section 333 of th e FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography o ver certain areas of the United States. By granting this Petition, the FAA34

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Eugene
Lew to safely, efficiently, and economically operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs commercially within the NAS.
WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Eu gene Lew respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and perm it Leading Edge to operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States.
Date d: April 1 5 , 2015 Respectfully submitted, Eugene Lew

Eugene Lew 9200 SE Sunnybrook Blvd, #100 Clackamas, OR 97015 Mobile: (503) 781

- 9108 Email: eugene@spiretech.com Appendic es :
A

– DJI Phantom 2 Vision+ Specifications Data Sheet B

– DJI Inspire 1 Specifications Data Sheet C

– DJI Phantom 2 Vision+ Manufacturer’s User Manual D

– DJI Inspire 1 Manufacturer’s User Manual E

– Monthly Maintenance Log35 APPENDIX

– A
DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS Eugene Lew 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 predeter mined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)
1.1 DJI Phantom 2 Vision+
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 0 /s 1.1.1.5 Max Tilt Angel

- 35 0 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 0 1.1 .2.3 Controllable Range

– Pitch:

- 90 0

- 0 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s
1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 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 0 /85 0
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 Receiver 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

- 2462MHz36 1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m 1.1.5.3 Transmitter Power

– 20dB m 1.1.5.4 Power Consumption

– 2W37 APPENDIX

– B
DJI INSPIRE 1 TECHNICAL SPECIFICATIONS Eugene Lew only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking softwa re 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 f l ight to a predetermined and set distance. In addit ion, DJI software provides real

- time altitude and location information to the PIC 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: 3000/s; Yaw: 1500/s 2.2.1.5 Max Tilt Angle

- 350 2.2.1.6 Max Ascent Speed

– 5m/s 2.2.1.7 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

– 140F to 1040F (

- 100C 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 Angular Vibration Range

- ±0.030 2.2.2.5 Mounting

– Detachable 2.2.2.6 Controllable Range

– Pitch:

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

– Pitch:

- 1250 to 450; Pan: ±3300 2.2.2.8 Max Controllable Speed

– Pitch: 1200/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

– 12.76M38 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

- 940 2.2.3.8 CMOS

– Sony EXMOR 1/2.3” 2.2.3.9 HD Video Re cording

– 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

- 320F

- 1040F (00C

- 400C)

2.2.4 Transmitter 2.2.4.1 Name

– C1 2.2.4.2 Operating Frequency

– 5.7 28

- 5.850GHz; 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

- 140F to 1040F (

- 100C to 400C) 2.2.4.6 Battery

– 600mAh LiPo 2S39 APPENDIX

– C
DJI Phantom 2 Visio n+ Manufacturer’s User Manual40 APPENDIX

– D DJI Inspire 1 Manufacturer’s User Manual41 APPENDIX

– E

Monthly Maintenance Log

UAS________ Date Issue

Discovered Date Issue

Resolved Issue Description, Maintenance Conducted Mai ntenance performed by Software updates
Airframe Propellers
Camera/Gimbal Landing Gear Vibration Dampening
Other