IN THE MATTER OF THE PETITION FOR EXEMPTION OF: **JULIAN M. HATTAWAY**

**FOR AN EXEMPTION REQUEST SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL**  **REGULATIONS SECTIONS:**
14 CFR 45.23(b) 61.113(a) & (b) 91.7(a) 91.9 (b)(2) 91.121 91.151(b) 91.405(a) 91.407(a)(1) 91.409(a)(1) & (a)(2) 9 1.417(a) & (b) CONCERNING COMMERCIAL OPERATION DJI Flame Wheel 550 UNMANNED AIRCRAFT SYSTEM and a BLANKET EXEMPTION FOR UAS OPERATION LESS THAN 55 POUNDS, DAYLIGHT OPERATION, VLOS, VFR AND BELOW 400 F EET AGL.

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112 -95)

Submitted on July 19, 2015 JULIAN M. HATTAWAY 440 TIMBER RIDGE RD KERNERSVILLE, NC 27284 336

-413

- 1994 HATTAWAYPHOTO@MAC.COM

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**Contents** GLOSSARY OF ABBREVIATIONS

................................ ................................ ................................ ................................ ...... 3
SUMMARY

................................ ................................ ................................ ................................ ................................ ..... 4
INTRODUCTION AND INTERESTS OF THE PETITIONER

................................ ................................ ................................ ... 4
BACKGROUND

................................ ................................ ................................ ................................ ............................... 4
BASIS FOR PETITION

................................ ................................ ................................ ................................ ...................... 4 The Specific Sections of 14 C.F.R. From Which Julian M. Hattaway Seeks Exemption.

................................ ................. 5 Reasons Why Granting Julian M. Hattaway's Request Would Be in the Public Interest and How It Would Benefit the Public as A Whole.

................................ ................................ ................................ ................................ ......................... 9 Reasons Why The DJI UAS Aircraft Meet the Conditions of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

................................ ................................ ................................ ................................ ................................ . 10 Reasons Why Granting Julian M. Hattaway's Request Would Not Adversely Affect Safety.

................................ ....... 13
CONCLUSION

................................ ................................ ................................ ................................ ............................... 17 Appendix A

................................ ................................ ................................ ................................ ................................ ... 17 Appendix B

................................ ................................ ................................ ................................ ................................ ... 18

### 3

**G LOSSARY 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
DJI UAS Aircraft DJI 550 Flame Wheel DJI Naza

- M v2

- subject of this Petition.
FAA Federal Aviation Administration

FAR Federal Aviation Regulation
GPS Global Positioning System
LOL Loss of Link
NAS National Airspace System
NOTAM Notice to Airman
PIC Pilot In Command
Section 333 FAA Mod and Reform Act of 2012 (FMRA) Section 333
SO Safety Observer
SOP Standard Operating Procedures
UAV Unmanned Aircraft Vehicle
UAS Unmanned Aircraft System

VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VTOL Vertical Take off and Landing

### 4

**SU MMARY** 

Julian M. Hattaway seeks exemption from the requirements of 14 CFR §§ 45.23(b), 61.113(a) & (b), 91.7(a), 91.9 (b)(2), 91.121, 91.151(b), 91.203(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Julian M. Hattaway to operate an u nmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography in support of small business, community and charitable activities in and around the State of North Carolina

.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** Julian M. Hattaway’s primary occupation is a commercial photographer but he has hundreds of hours as a UAS hobbyist. From time to time he is asked to support local community, small business, and charitable activities by providing commercial aerial photography and/or videography. In the absence of the exemption, Julian M. H attaway must decline to support these interests. The objective of Julian M. Hattaway and his aerial operations is to provide high quality imaging for a variety of commercial, public, and residential uses specifically targeting : • Marketing • Construction s ites before and after • Appraisals • Motion Picture Filming • Aerial acquisitions for inspections of public and private structures • Building Inspection operations

**BACKGROUND Unmanned Aircraft Systems**  **operated by Julian M. Hattaway**  **(Hereafter referred to as**  **the DJI UAS Aircraft)** 
Julian M. Hattaway seeks an exemption to operate two DJI Flame W heel 550 's, both using a DJI Naza

- M v2 Flight Controller.

The DJI UAS aircraft is a vertical takeoff and landin g (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems, and will always be operated using visual line of sight (VLOS).

The DJI Flame Wheel 550 with DJI Naza

- M v2 Flight Controller has a maximum gross weight of approximately 6 lbs. 5 oz. , with a length of 20.5 inches and a width of 23 inches and a height of 10 .75 inches and a maximum speed of approximately 25 knots. It is equipped with six main rotors; driven by Lithium Polymer battery powered electric motors.

The above DJI UAS Aircrafts will be operated by Julian M. Hattaway and 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, Julian M. Hattaway, 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 UAS Aircraft in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405 (a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the

### 5

speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Julian M. Hattaway operation DJI UAS Aircraft 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. Accordingly, Julian M. Hattaway requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417( a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Julian M. Hattaway submits that the requested relief is proper since an equivalent level of safety will be ensured. Julian M. Hattaway will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS’ s using the methods, techniques, and practices prescribed in the operating documents. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Julian M. Hattaway to the extent necessary to allow a Pilot in Command (PIC) with significant experience in the field of UAV’s, and who has demo nstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI UAS Aircraft in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
Julian M. Hattaway seeks relief from Section 91.7(a), entitled ci vil aircraft airworthiness, because the DJI UAS Aircraft do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Julian M. Hattaway submits that he will ensure the DJI UAS Aircraft is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents and that the aircraft is in a condition for safe flight.
Julian M. Hattaway also seeks an exemption from the requirements of Section 91.121 e ntitled Altimeter S ettings

. The DJI UAS aircraft will not have a typical barometric altimeter onboard. However, altitude information of the DJI UAS Aircraft will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Julian M. Hattaway ' s operation of the DJI UAS Aircraft within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Julian M. Hattaway seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Julian M. Hattaway submits that safety will not be affected by operation of the DJI UAS Aircraft during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough b attery power to fly for a total duration of approximately 1 0 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

In accordance with 14 C.F.R. § 11.81, Julian M. Hattaway provides th e following information in support of its petition for exemption:

**Name And Address Of The Petitioner** The name and address of the Petitioner and point of contact is: Julian M. Hattaway 440 Timber Ridge Rd Kernersville, NC 27284 336

-413

- 1994 ( Cell ) hattawayphoto@mac.com

**The Specific Sections o f 14 C.F.R. From Which**  **Julian M. Hattaway Seeks**  **Exemption.**

**Julian M. Hattaway Seeks Exemption**  **from t he Requirements**  **o f Section**  **14 C.F.R. § 45.23: Marking of t**  **he Aircraft** 

.

### 6

Section 45.23 (b) entitled Display of marks; general, states the following: When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

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

-sport, ” “experimental,” or “provisional,” as applicable.
Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. Julian M. Hattaway’s UAS 's is, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft. Regardless, JULIAN M. HATTAWAY will mark his UAS 's in the largest p ossible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. §45.29 (f) so that the pilot, technician, spotter and others working with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

**JULIAN M. HATTAWAY Seeks Exemption from t**  **he Requirements o** **f Section 61.113(a) a**  **nd (b).**
Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:

No person who holds 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. A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— The flight is only incidental to that business or employment; and t he aircraft does not carry passengers or property for compensation or hire.

Relief from Se ction 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more fully below, Julian M. Hattaway submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI UAS 's unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI UAS's 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, Julian M. Hattaway submits that all flights of DJI UAS aircraft, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Julian M. Hattaway's business; and (2) will not carry passengers or property for compensation or hire.

**Julian M. Hattaway 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.
Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Julian M. Hattaway to determine that the DJI UAS Aircraft are in airworthy condition prior to every flight by ensuri ng that the UAS is in compliance with the operating documents (i.e., the Monthly Maintenance Log, and DJI UAS Aircraft Instruction Manual).

### 7

Julian M. Hattaway seeks the requested relief because the DJI UAS Aircraft do not require an airworthiness certifica te in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Julian M. Hattaway will ensure that the DJI UAS Aircraft are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly 12 Maintenance Log, and DJI UAS Aircraft 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.
**Julian M. Hattaway Seeks Exemption From The Requirements Of Section 91.9 (b)(2).** 

Section 91.9 entitled Civil aircraft flight manual, marking, and placard requirements, subsection (b)(2) states the following: (b) No person may operate a U.S.

- registered civil aircraft

— (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.
Relief from Section 91.9 (b)(2) is requested as the re are no pilots or passengers, and given the size of the UASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued exemptions to this regula tion in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

**Julian M. Hattaway Seeks Exemption From The Requirements Of Section 91.121.**  Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 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

— Below 18,000 feet MSL, to t he current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available stati on; or 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.
Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight op erations of the DJI UAS Aircraft, 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 operations be reported to air traffic control (ATC) in feet above ground level (AGL), Julian M. Hattaway seeks the requested relief because the DJI UAS Aircraft altimeter may be set on the ground to zero feet AG L, rather than the local barometric pressure or field altitude, before each flight.
Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limit ations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI UAS Aircraft are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure sett ing will be established prior to each flight, and provides the PIC with altitude infor mation of the UA on the heads-up display of the GCS.

**Julian M. Hattaway 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.
Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI UAS Aircraft during daylight hours in visual meteorological

### 8

conditions (VMC), under visual flight rules (VFR), for a total duration of 1 0 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. Julian M. Hattaway seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI UAS Aircraft will severely constrain the practicality of any aerial video or still ph oto flight operations that Julian M. Hattaway proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI UAS Aircraft operating documents, and Julian M. Hattaway proposed operating limitations, ensure that Julian M. Hattaway will safely operate the battery powered DJI UAS Aircraft during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 1 0 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

**Julian M. Hattaway Seeks Exemption From The Requirement Of Section 91.405(a), 91.407(a)(1), 91.409(a)(1),**  **91.409(a)(2), 91.417(a) and 91.417(b).**
Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— Shal l 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[.]

Section 91.407, ent itled Operation after maintenance, preventive maintenance, rebuilding, or alteration,

s ubsection (a)(1), states the following: No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

- it h as been approved for return to service by a person authorized under § 43.7 of this chapter.
Section 91.409, entitled Inspections, subsection (a), states the following: 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 a n annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or An inspection for the issuance of

a n airworthiness certificate in accordance with part 21 of this chapter.
Section 91.417, entitled Maintenance records, subsections (a) and (b) state the following: Except for work performed in 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: 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 :

1. A description (or reference to data acceptable to the Administrator) of the work performed; and Th e date of completion of the work performed; and t he signature and certificate number of the person approving the aircraft for return to service. 2. Records containing the following information: 3. The total time in service of the airframe, each engine, each prop eller, and each rotor 4. The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance 5. The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. 6. 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 7. 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. 8. 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.

### 9

9. The owner or operator shall retain the following records for the periods prescribed:

a. 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. b. 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. 10. A list of defects furnished 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.

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, Julian M. Hattaway requests relief from these Sections because the DJI UAS Aircraft do not require airworthiness certificates. As set forth more fully below, the DJI UAS Aircraft meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Julian M. Hattaway will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS’ s using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Monthly Maintenance Log, and DJI UAS Aircraft Instruction Manual s ). Furthermore, Julian M. Hattaway will document and maintain all maintenance records for t he DJI UAS Aircraft.

**Reasons Why Granting Julian M. Hattaway's Request Would Be in t**  **he Public Interest**  **and How It Would Benefit**  **the Public as A Whole.** Granting the present Petition will further the public interest by allowing Julian M. Hattaway to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States. Additionally, use of the DJI UAS Aircraft will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Julian M. Hattaway proposed operation of the DJI UAS Aircraft will be realized without implicating any privacy issues.
**The Public Will Benefit from Decreased Congestion of The NAS.**  DJI UAS Aircraft 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 DJI UAS Aircraft would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.
Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion a round airports caused by arriving and departing aircraft will be reduced. The DJI UAS Aircraft d o not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial vid eo and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.
**The Public Will Benefit from The Safety and Efficiency of The D JI UAS Aircraft** 

**.** Conducting aerial acquisitions with the DJI UAS Aircraft, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI UAS Aircraft produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty pically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI UAS aircraft, while reducing the carbon footprint of aerial acquisitions, also eliminate noise pollution, as the UAS’ s are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI UAS Aircraft to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated w ith traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI

### 10

UAS Aircraft (weighing approximately 6 lbs. 5 oz. , at the maximum gross weights with length of 2 0.5 inches, width of 23 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar ope rations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).
**Performing Aerial Video and Photography Operations with The DJI UAS Aircraft Will Benefit the Economy.**  In addition to being safe and efficient, the DJI UAS Aircraft are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI UAS Aircraft will allow United States based companies, like Julian M. Hattaway, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI UAS Aircraft is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provi des such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI UAS aircraft, petitioners such as Julian M. Hattaway can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI UAS Aircraft, provides a stable workforce that increases consumer spending; improves l ocal, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.
**There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Julian M. Hattaway proposed operation of the DJI UAS Aircraft will not implicate any privacy issues. Specifically, the DJI UAS Aircraft will be operated only in compliance with operating documents (i.e., the Monthly Ma intenance Log, and DJI UAS Aircraft Instruction Manual s ) which requires property 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.

**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 B** **y The R**  **ule from Which Julian M. Hattaway**  **Seeks Exemption.** 

**Reasons Why The D JI UAS Aircraft 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, Julian M. Hattaway operation of the DJI UAS Aircraft 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:

In General

- Notw ithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. Assessment of Unm anned Aircraft Systems

-- In making the determination under subsection (ate Secretary shall determine, a t a minimum

— which types of

### 11

unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the nat ional airspace system or the public or pose a threat to national security; and 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). Re quirements for Safe Operation

-- If the Secretary determines under this section that certain u nmanned 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, Julian M. Hattaway submits that the DJI UAS Aircraft can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI UAS aircraft; (b) the pilot certification requirement; and (c) the specific operating limitations.
**The Specifications of The DJI UAS Aircraft Demonstrate Its Safe Characteristics.** The DJI UAS Aircraft 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.
**Technical Specifications of DJI UAS Aircraft operated by**  **Julian M. Hattaway**

**.** The technical specifications of the DJI UAS Aircraft are set forth by the DJI UAS Aircraft User Flight Controller Manuals, attached hereto as Appendix A and B. The DJI UAS Aircraft Autonomous Flight and Navigation Modes Enable The UASs to Remain Within a Defined Operati onal Area. The DJI UAS Aircraft may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI UAS Aircraft provided in the User Manuals, attached hereto as Appendix A and B. The DJ I UAS Aircraft 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 UAS Aircraft will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI UAS Aircraft do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJI UAS aircraft are described in the User Manuals, attached hereto as Appendix A and B.
**DJI UAS Aircraft GCS Operation.** The DJI UAS GCS and flight control software is provided in the User Manua l for the DJI UAS aircraft attached hereto as **Appendix A and B.**
**Flight Operations of DJI UAS Aircraft are Limited to t**  **he Line of Sight of a Certificated Pilot in Command with A**  **Safety Observer.** Julian M. Hattaway will be the only person to act as a pilot in command (PIC) of the DJI UAS Aircraft.
**Flights of DJI UAS Aircraft Will Be Conducted Pursuant to Specific Operating Limitations.**  In seeking this exemption, Julian M. Hattaway proposes to commercially operate DJI UAS Aircraft 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 UAS AIRCRAFT. 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 UASs may not be flown at an indicated airspeed exceeding 45 knots. 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UASs must be operated within visual line of sight (VLOS) of the PIC at all times. This requ ires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate.

### 12

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). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the 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. 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 exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operati ng documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operatin g documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

-80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the 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 properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must u ndergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre -flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not al ready 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 mai ntenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in 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. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely op erate 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 permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. Duri ng training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 17. UAS operations may not be conducted during night, as defined in 14 C.F.R. 18. § 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. 19. The UAV 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

### 13

with the airport management must be made available to the Administrator upo n request. 20. The UAV may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 21. If the UAV 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. 22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating docu ments. 23. The PIC 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 UAV with 25% battery power remaining. 24. Th e operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting 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 accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 25. 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. Mark ings must be as large as practicable. 26. Before conducting operations, the radio frequency spectrum used for operation and control of the UAV must comply with the Federal Communications Commission (FCC) or other a ppropriate government oversight agency req uirements. 27. 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 any time the UAS is operating. These documents must be made available to the Administrator or any law enforceme nt official upon request. 28. The UAV must remain clear and yield the right of way to all manned aviation operations and activities at all times. 29. The UAV may not be operated by the PIC from any moving device or vehicle. 30. Flight operations must be co nducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: 31. Barriers or structures are present that sufficiently protect nonparticipatin g persons from the UAV and/or debris in the event of an accident. The operator must ensure that nonparticipating persons 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; 32. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of t he risk of operating closer to those objects and determined that it does not present an undue hazard, and; 33. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 34. Al l operations shall be conducted over private or controlled -access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to b e conducted. 35. 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. 36. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

**Reasons Why Granting Julian M. Hattaway's Request Would Not Adversely Affect Safety.** 
**Reasons Why an Exemption from t he Requirements of Section**  **42.53 (b)**  **Would Not Adversely Affect Safety.** The equivalent level of safety established by Section 41.53 (b) will be maintained because although 2 inch lettering cannot be maintained due to the small size of the DJI UAS, Julian M. Hattaway will mark his UAS 's in the largest

### 14

possible lettering by placing the word "EXPERIMENTAL" on the fuselage as required by 14 C.F.R. §45.29 (f) so that the pilot, technician, spotter and others working with the UAVs will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

**Reasons Why an Exemption from The Requirements of Section 61.113(a) And (b)**  **Would Not Adversely Affect Safety.**  Julian M. Hattaway 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 UAS Aircraft unless that PIC has demonstrated, by meeting minimu m flight-hour and currency requirements, that the PIC is able to safely operate the DJI UAS Aircraft in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Julian M. Hattaway proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical kn owledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI UAS aircraft, Julian M. Hattaway submits that the training, preparation, practice, and experience of the Petitioner is sufficient to meet the

requirements of the proposed use. 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). Julian M. Hattaway will not allow any PIC to operate the DJI UAS Aircraft unless the PIC has demonstrated, by meeting min imum flight hour requirements or the DJI UAS Aircraft training and currency requirements, that the PIC is able to safely operate the DJI UAS Aircraft in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner 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 Julian M. Hattaway 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 picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations, u nder Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 h ours as a UAS pilot operating the same make and model of UAS to be used for operations u nder 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 incl uded in the 10 hours of multi -rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessa ry to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

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

- building flights the PIC is required to operate the UAS with appropriate distances in accordance with 14 C.F.R 91.119 Exemption No. 11138, page 15. Accordingly, Julian M. Hattaway will ensure safe operations by not allowing any PIC to operate DJI UAS Aircraft unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI UAS Aircraft in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

### 15

**Reasons Why an Exemption from t**  **he Requir ements of Section 91.9**  **( b**  **) (2)**  **Would Not Adversely Affect Safety.**  The equivalent level of safety established by Section 91. 9 ( b ) (2) will be maintained because all proper manuals and records will be maintained at the ground station where a PIC or FAA inspector may have access to them. Given the size and the configuration of the DJI UAS, there is no method in which to carry a flight manual aboard the aircraft whi le maintaining a feasible and safe operational weight. Additionally, a manual aboard an unmanned aircraft poses no use to the PIC operating from the ground.
**Reasons Why an Exemption from t**  **he 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, Julian M. Hattaway will ensure that the DJI UAS Aircraft are in an airworthy condition based upon the UAS’s compliance with the operatin g documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
**Reasons Why an Exemption from t he Requirements of Section 91.121 Would Not**  **Adversely Affect Safety.** The equivalen t level of safety established by Section 91.121 will be maintained because the altitude information of the DJI UAS Aircraft 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 i nformation, combined with Julian M. Hattaway's operation of the DJI UAS Aircraft within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously granted rel ief from Section 91.121 specific to UAS, in c ircumstances 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, 1115 9, 11160, 11161).
**Reasons Why an Exemption from t**  **he 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 UAS Aircraft; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Julian M. Hattaway will ensure that it will safely operate the battery powered DJI UAS Aircraft during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 1 0 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 technical specifications of the DJI UAS Aircraft 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 91.1 51(b). Furthermore, safety will be ensured as the DJI UAS Aircraft provide audible and visual warnings to the PIC at the GCS when the UASs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affe cted when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. M oreover, 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).
**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, Julian M. Hattaway submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Julian M. Hattaway will use trained technicians to perform maintenance, alterations, or preventive maintenance on the DJI UAS using the methods, techniques, and practices

### 16

prescribed in the operating documents (i.e., the Monthly Maintenance Log, and DJI UAS Aircraft Instruction Manual). Furthermore, Julian M. Hattaway will document and maintain all maintenance record s for the DJI UAS Aircraft. Since the DJI UAS Aircraft will be inspected as prescribed by the operating documents, Julian M. H attaway will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI UAS Aircraft User Manuals are attached hereto as Appendix A and B; a copy of the DJI UAS Aircraft Maintenance LOG is a ttached hereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because Julian M. Hattaway will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI UAS Aircraft will be performed by trained technicians. Maintenance will be documented and maintained 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) esta blish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Julian M. Hattaway proposed operating limitations, the operating documents, and the technical aspects of the DJI UAS Aircraft, Julian M. Hattaway submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**The F AA 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, Julian M. Hattaway requests that the FAA prescribe special co nditions for the intended operation of the DJI UAS Aircraft, which contain such safety standards t hat 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 §§ 42.53(b), 61.113(a) & (b), 91.7 (a), 91.9(b)(2), 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 s for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be 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 UAS Aircraft 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 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 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 engine 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 conditions for Leading Edge’s intended operation of the DJI UAS Aircraft, 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 42.53(b), 61.113(a) & (b), 91.7(a), 91.9(b)(2), 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 f rom**  **Which Julian M. Hattaway**  **Seeks Exemption:** Julian M. Hattaway seeks exemption from the requirements of 14 C.F.R Sections 42.53(b), 61.113(a)&(b), 91.7(a), 91.9(b)(2), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

### 17

**A Brief Description of the Nature of the Exemption Julian M. Hattaway**  **Seeks:** This exemption will permit Julian M. Hattaway to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certa in areas of the United States.
**Any Additional Information, Views, Or Arguments Available to Support JULIAN M. HATTWAY’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, Julian M. Hattaway's request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Julian M. Hattaway will operate DJI UAS aircraft safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to N ational security.

**CONCLUSION** As set forth herein, Julian M. Hattaway seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI UAS Aircraft commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing t he interests of the public, by allowing Julian M. Hattaway to safely, efficiently, and e conomically operate the DJI UAS Aircraft commercially within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Julian M. Hattaway respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 42.53(b), 61.113(a)&(b), 91.7(a), 91.9(b)(2), 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 Julian M. Hattaway to operate the DJI UAS Aircraft commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: July 20, 2015 **Attachments to this submission:** DJI Flame Wheel 550 Manual DJI Naza

- M v2 Manual
Very respectfully, **Julian M. Hattaway 440 Timber Ridge Rd**  **Ke r** **nersville, NC 27284 336** 

**- 413** 

**- 1994**  **hattawayphoto@mac.com**

**Appendix A DJI**  **Flame Wheel 550 Manual** http://download.dji

- innovations.com/downloads/flamewheel/en/F550_User_Manual_v2.0_en.pdf

### 18

**Appendix B DJI**  **Naza**

**- M v2 Manual**  http://download.dji

- innovations.com/downloads/nazam

-v2/en/NAZA

- M_Quick_Start_Guide_v1.28_en.pdf

**Appendix C Maintenance Log**  

### Inspection Date **Ai rcraft**  **Repairs Required/ Comments**