UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: TERRANCE R. HESTER dba. TERRANCE R. HESTER DBA. REA L TIME AVIATION, LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMEN TS 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) CONCERNI NG COMMERCIAL OPERATION OF DJI Phantom 3 Professional UNMANNED AI RCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AN D REFORM

ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on November 11, 2015

Terrance R. Hester dba. Terrance R. Hester dba. Real Time Aviation 447 Georgiana Drive Middletown, Delaware 19709 Tel: (856) 905-81962 TABLE OF CONTENTS Page

GLOSSARY OF ABBREVIATIONS..........................

................................................... ......3

SUMMARY............................................

................................................... ............................4

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

BACKGROUND.........................................

................................................... ........................4

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

................................................... .....................5

NAME AND ADDRESS OF PETITIONER..................... ........................................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH TERRA NCE R. HESTER DBA. REAL TIME AVIATION SEEKS EXEMPTION..........................................

................................................... ................8

THE EXTENT OF RELIEF TERRANCE R. HESTER DBA. REAL T IME AVIATION SEEKS AND THE REASON TERRANCE R. HESTER DB A. REAL TIME AVIATION SEEKS THE RELIEF........................................................................... ..........................11

THE REASONS WHY GRANTING TERRANCE R. HESTER DBA. RE AL TIME AVIATION’S REQUEST WOULD BE IN THE PUBLIC INTEREST....................................................................... .........................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY............................ ..............................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGIST ER......34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT TERRANCE R. HESTER DBA. REAL T IME AVIATION’S REQUEST..............................................

................................................... ..............34

CONCLUSION.........................................

................................................... ........................363 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2 012 (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 Conditions VTOL Vertical Takeoff and Landing5 Terrance R. Hester dba. Real Time Aviation seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Ph antom 3 Professional are vertical takeoff and landing (VTOL) Unmanned Aircra ft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a maximum gross weight of approximately 2.82 pounds, while having a length of 16 inches wid th of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 professional is equipped with four main rotors, each being driven by Lithium Polymer battery powered electric

motor. The DJI Phantom 3 Professional will be operated by Terrance R. Hester dba. Real Time Aviation 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, Terrance R. Hester dba. Real Time Aviat ion, 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 commerciall y operate the DJI Phantom 3 Professional 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 speed, weight, size, and li mited operating area associated with the unmanned aircraft and its operation, Terra nce R. Hester dba. Real Time4 SUMMARY

Terrance R. Hester dba. Real Time Aviation seeks ex emption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a ), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Moderniza tion and Reform Act of 2012 (FMRA). This exemption will permit Terrance R. Hest er dba. Real Time Aviation to operate an Unmanned Aircraft System (UAS) for the c ommercial purpose of conducting aerial video and photography within the National Ai rspace System (NAS).

INTRODUCTION AND INTERESTS OF THE PETITIONER Terrance R. Hester dba. Real Time Aviation provides its clients with the highest quality digital content for use in their commercial and personal multimedia projects. The objective of Terrance R. Hester dba. Real Time Avia tion’s aerial video and photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Aerial Photography and Cinema-photography

• Real estate and private property aerial photography

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

• Increase public knowledge of UAS and promote safe U AS operations.

BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3 Profession al

Terrance R. Hester dba. Real Time Aviation seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Ph antom 3 Professional are6

Aviation’s operation of the DJI Phantom 3 Professio nal meets the conditions of FMRA Section 333 and therefore, will not require an airw orthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Terrance R. Hester dba. Real Time Avia tion 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 tha t only apply to aircraft with an

airworthiness certificate.

Terrance R. Hester dba. Real Time Aviation submits that the requested relief is proper since an equivalent level of safety will be ensured. Terrance R. Hester dba. Real Time Aviation will use experienced personnel or tec hnicians to perform maintenance, alterations, or preventive maintenance on the DJI P hantom 3 Professional using the methods, techniques, and practices prescribed in th e operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Ins truction Manuals). Furthermore,

Terrance R. Hester dba. Real Time Aviation will doc ument and maintain all maintenance

records for the DJI Phantom 3 Professional. Relief from certain requirements of Section 61.113( a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Terrance R. Hester dba. Real Time Aviation to the extent necessary to allow a Pi lot in Command (PIC) holding a private pilot or higher level certificate, as well as an ai rman medical certificate, and who has demonstrated, by meeting minimum flight- hour and c urrency requirements, that the PIC is able to safely operate the DJI Phantom 3 Profession al in a manner consistent with this exemption, including evasive and emergency maneuver s and maintaining appropriate distances from people, vessels, vehicles and struct ures.7 Terrance R. Hester dba. Real Time Aviation seeks re lief from Section 91.7(a),

entitled Civil aircraft airworthiness , because the DJI Phantom 3 Professional UASs do no t require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Terrance R. Hester dba. Real Time Aviation su bmits that it will ensure that the DJI Phantom 3 Professional UASs are in an airworthy con dition, prior to every flight, by determining that the DJI Phantom 3 Professional UAS s are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manuals), and that the aircraft are in a condition for safe flight.

Terrance R. Hester dba. Real Time Aviation also see ks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professional UASs will not have a typical barometri c altimeter onboard. However, altitude

information of the DJI Phantom 3 Professional UASs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAs to the GCS for a ctive monitoring of the flight path. This altitude information, combined with Terrance R . Hester dba. Real Time Aviation’s operation of the DJI Phantom 3 Professional UASs wi thin visual line of sight, at or below 400 feet AGL, will ensure a level of safety equival ent to Section 91.121. Additionally, Terrance R. Hester dba. Real Time Avi ation seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR

conditions . Terrance R. Hester dba. Real Time Aviation submit s that safety will not be affected by operation of the DJI Phantom 3 Professi onal UASs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approx imately 13.5 minutes to the first point of8

intended landing and, assuming normal cruising spee d, to fly after that for at least 4.5

minutes. In accordance with 14 C.F.R. § 11.81, Terrance R. H ester dba. Real Time Aviation provides the following information in support of it s petition for exemption:

A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is:

Terrance R. Hester dba. Real Time Aviation 447 Georgiana Drive Middletown, Delaware 19709 Tel: (856) 905-8196 Email: terrance.hester@gmail.com B. The Specific Sections Of 14 C.F.R. From Which Te rrance R. Hester dba. Real Time Aviation Seeks Exemption.

1. Terrance R. Hester dba. Real Time Aviation Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges a nd limitations: Pilot in command , subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (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 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 prope rty for compensation or hire.

2. Terrance R. Hester dba. Real Time Aviation 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 i t is in an airworthy condition.

3. Terrance R. Hester dba. Real Time Aviation Seeks Ex emption 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 maintai n the cruising altitude or flight level of that aircraft, as the case may be, by refe rence to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The current reported altimeter setting of a sta tion along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescri bed in paragraph (a)(1)(i) of this section, the current reported altimeter settin g 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 setti ng available before departure.

4. Terrance R. Hester dba. Real Time Aviation Seeks Ex emption 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 un der VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assumin g normal cruising speed, to fly after that for at least 20 minutes.

5. Terrance R. Hester dba. Real Time Aviation Seeks Ex emption 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—10 (a) Shall have that aircraft inspected as prescribe d in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter [.]

6. Terrance R. Hester dba. Real Time Aviation Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance , rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may operate any aircraft that has und ergone 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. Terrance R. Hester dba. Real Time Aviation 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 sec tion, no person may operate an aircraft unless, within the preceding 12 calendar m onths, it has had -- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person aut horized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthin ess certificate in accordance with part 21 of this chapter.

8. Terrance R. Hester dba. Real Time Aviation 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 registered owner or operator shall keep the followi ng records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintena nce, and alteration and records of the 100-hour, annual, progressive, and o ther required or approved inspections, as appropriate, for each aircraft (inc luding the airframe) and11 each engine, propeller, rotor, and appliance of an aircraft. The records must include-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) 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 ea ch airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items ins talled on the aircraft which are required to be overhauled on a specified time b asis. (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 compl iance, the AD or safety directive number and revision date. If the AD or sa fety directive involves recurring action, the time and date when t he 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 inst alled engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the followin g records for the periods prescribed: (1) The records specified in paragraph (a)(1) of th is section shall be retained until the work is repeated or superseded by other w ork or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of th is section shall be retained and transferred with the aircraft at the time the a ircraft is sold.12 (3) A list of defects furnished to a registered own er or operator under § 43.11 of this chapter shall be retained until the defects ar e repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Terrance R. Hester dba. Rea l Time Aviation Seeks And The Reason Terrance R. Hester dba. Real Time Aviation S eeks The Relief.

1. Extent Of Relief Terrance R. Hester dba. Real Ti me Aviation Seeks And The Reason Terrance R. Hester dba. Real Time Aviati on 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 P IC 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 an d 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, Terrance R. Hester d ba. Real Time Aviation submits that an equivalent level of safety will be maintain ed because no PIC will be allowed to operate the DJI Phantom 3 Professional UASs unless that PIC has met certain flight-hour and currency requirements, demonstrating that the P IC is able to safely operate the DJI

Phantom 3 Professional UASs in a manner consistent with the operation specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vess els, vehicles and structures.13 Further, Terrance R. Hester dba. Real Time Aviation submits that all flights of the DJI Phantom 3 Professional UASs, conducted by the P IC pursuant to the grant of this Petition: (1) will be incidental to Terrance R. Hes ter dba. Real Time Aviation’s business; and (2) will not carry passengers or property for c ompensation or hire.

2. Extent Of Relief Terrance R. Hester dba. Real Ti me Aviation Seeks And The Reason Terrance R. Hester dba. Real Time Aviati on 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 Terrance R. Hester dba. Re al Time Aviation to determine that the DJI Phantom 3 Professional UASs are in airworthy co ndition prior to every flight by ensuring that the UAS is in compliance with the ope rating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Ins truction Manuals).

Terrance R. Hester dba. Real Time Aviation seeks th e requested relief because the DJI Phantom 3 Professional UASs do not require an a irworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Terra nce R. Hester dba. Real Time Aviation

will ensure that the DJI Phantom 3 Professional UAS s are in airworthy condition based upon its compliance with the operating documents (i .e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manuals) pri or to every flight, and further,

determine that the aircraft are in condition for sa fe flight, as stated in the conditions and

limitations below.

3. Extent Of Relief Terrance R. Hester dba. Real Ti me Aviation Seeks And The Reason Terrance R. Hester dba. Real Time Aviati on 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 3 Professional UASs, because the DJI Phantom 3 Professional UAs’ altitude reporting equipment may be set on the ground to zero feet14

AGL, rather than local barometric pressure or field altitude, before each flight. The DJI Phantom 3 Professional UASs utilize a barometric pr essure sensor, GPS equipment, and a radio communications telemetry data link to downlin k altitude information from the UAs to the PIC at the ground control station (GCS). Considering the limited altitude of the proposed op erations, relief from 14 C.F.R. 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, a level of safety equivalent to

Section 91.121 will be ensured as the altitude of t he DJI Phantom 3 Professional UAs will be reported to air traffic control (ATC) in feet ab ove ground level (AGL), and Terrance R. Hester dba. Real Time Aviation will operate the DJI Phantom 3 Professional UAs within visual line of sight, at or below 400 feet AGL.

4. Extent Of Relief Terrance R. Hester dba. Real Ti me Aviation Seeks And The Reason Terrance R. Hester dba. Real Time Aviati on Seeks Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR

conditions , is requested to the extent required to allow flig hts of the battery powered DJI Phantom 3 Professional UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal crui sing speed, to fly after that for at least

4.5 minutes. Terrance R. Hester dba. Real Time Aviation seeks th e requested relief because without an exemption from Section 91.151(b), the fl ight time duration of the battery powered DJI Phantom 3 Professional UAs will severel y constrain the practicality of any aerial video or still photo flight operations that Terrance R. Hester dba. Real Time Aviation proposes to conduct pursuant to this Petit ion.15 Significantly, as set forth below, the technical sp ecifications of the DJI Phantom 3 Professional UASs, the DJI Phantom 3 Professional U ASs operating documents, and Terrance R. Hester dba. Real Time Aviation’s propos ed operating limitations, ensure that

Terrance R. Hester dba. Real Time Aviation will saf ely operate the battery powered DJI Phantom 3 Professional UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of inte nded landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief Terrance R. Hester dba. Real Ti me Aviation Seeks Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.40 9(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 certif icate, Terrance R. Hester dba. Real Time Aviation requests relief from these Sections becaus e the DJI Phantom 3 Professional UASs do not require airworthiness certificates. As set f orth more fully below, the DJI Phantom 3

Professional UASs meet the conditions of FMRA Secti on 333 for operation without an airworthiness certificate. Accordingly, Terrance R. Hester dba. Real Time Aviation will use trained technicians to perform maintenance, alt erations, or preventive maintenance on the DJI Phantom 3 Professional UASs using the metho ds, techniques, and practices prescribed in the DJI Phantom 3 Professional UAS op erating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Ins truction Manuals). Furthermore,

Terrance R. Hester dba. Real Time Aviation will doc ument and maintain all maintenance

records for the DJI Phantom 3 Professional UASs.16

D. The Reasons Why Granting Terrance R. Hester dba. Real Time Aviation’s Request Would Be In The Public Interest; That Is, H ow It Would Benefit The Public As A Whole. Granting the present Petition will further the publ ic interest by allowing Terrance R. Hester dba. Real Time Aviation to safely, effici ently, and economically perform aerial video and photography within the NAS. Additionally, use of the DJI Phantom 3 Professional UASs will decrease congestion of the NAS, reduce pollution, and provid e significant benefits to the economy. Notably, the benefits of Terrance R. Hester dba. Re al Time Aviation’s proposed operation

of the DJI Phantom 3 Professional UASs will be real ized without implicating any privacy

issues. 1. The Public Will Benefit From Decreased Congestio n Of The NAS. The DJI Phantom 3 Professional UAS are battery powe red 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 ai rcraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 3 Professional UASs would reduce the amount of manned aircraft in the NAS, re duce 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 aircr aft operating in the NAS, congestion around airports caused by arriving and d eparting aircraft will be reduced. The DJI Phantom 3 Professional UAs do not require an ai rport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial vide o and photography missions would result in fewer aircraft that must be handled by ai r traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.17 2. The Public Will Benefit From The Safety And Effi ciency Of The DJI Phantom 3 Professional UASs. Conducting aerial acquisitions with the DJI Phantom 3 Professional UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional ae rial video and still photography flight operations. By using battery power and electric mot ors, the DJI Phantom 3 Professional UASs produce no air pollution, and are the most via ble environmentally conscious alternative to the cabin class, six cylinder intern al combustion engine aircraft that are typically utilized for aerial video and photography , while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI P hantom 3 Professional UAs, while reducing the carbon footprint of aerial acquisition s, also eliminate noise pollution, as the UAs are propelled by battery powered electric motor s, rather than an internal combustion engine. By using the DJI Phantom 3 Professional UASs to per form aerial acquisitions, the substantial risk to life and property in the air an d on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of fl ight crew members located onboard the aircraft, the DJI Phantom 3 Professional UAs have l ess physical potential for collateral damage to life and property on the ground, and in t he air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 f eet, and a fuel capacity of 180 gallons).18 3. Performing Aerial Video and Photography Operatio ns With The DJI Phantom 3 Professional UASs Will Benefit The Econom y. In addition to being safe and efficient, the DJI Ph antom 3 Professional UASs are also an economical alternative to using manned airc raft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional UASs will allow United States based companies, like Terrance R. Hester dba . Real Time Aviation’s, to remain competitive and contribute to growth of the U.S. ec onomy. Specifically, with the rising

cost of aviation fuel and the Environmental Protect ion Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and o perated companies must adopt new and alternative technology in order to remain competiti ve. Operating the battery powered DJI Phantom 3 Professional UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 Professional UASs, c ompanies such as Terrance R. Hester dba. Real Time Aviation’s, can remain com petitive and profitable, and therefore, provide greater job stability to employees and cont ractors, which will ultimately contribute to growth of the U.S. economy. Improved financial p erformance of U.S. companies, through commercial use of the DJI Phantom 3 Profess ional UASs, provides a stable workforce that increases consumer spending; improve s local, state, and federal tax revenues; and, allows companies to invest in resear ch and development in order to remain competitive both in the United States and abroad. 4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, Terrance R. Hester dba. Real Time Avia tion’s proposed operation of the DJI19

Phantom 3 Professional UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional UASs will be operated only i n compliance with operating documents (i.e., Monthly Maintenance Log, and DJI P hantom 3 Professional Instruction Manuals) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Av iation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119

. E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safet y At Least Equal To That Provided By The Rule From Which Terrance R. Hester dba. Real Time Aviation Seeks Exemption. 1. Reasons Why The DJI Phantom 3 Professional UASs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FM RA) Section 333. In consideration of the size, weight, speed, and li mited operating area associated with the unmanned aircraft and its operation, Bird’ s Eye Photography’s operation of the

DJI Phantom 3 Professional UASs meets the condition s of FMRA Section 333, and will not require an airworthiness certificate in accorda nce 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 consi dering whether a UAS will create a hazard to users of the NAS or the public, or otherw ise pose a threat to national security. Specifically, FMRA Section 333 states the following , in part: (a) In General. --Notwithstanding any other require ment 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 befo re completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems. --In m aking the determination under subsection (a), the Secretary shall determine, at a minimum--20 (1) which types of unmanned aircraft systems, if an y, as a result of their size, weight, speed, operational capability, proxim ity to airports and populated areas, and operation within visual line o f sight do not create a hazard to users of the national airspace system o r 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 air craft systems identified under paragraph (1). (c) Requirements for Safe Operation. --If the Secre tary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall estab lish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Terrance R. Hester dba. Real Time Aviation submits that the DJI Phantom 3 Professional UASs can operat e safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the chara cteristics of the DJI Phantom 3 Professional UASs; (b) the pilot certification requ irement; and (c) the specific operating

limitations.

a. The Specifications Of The DJI Phantom 3 Professi onal UASs Demonstrate Their Safe Characteristics. The DJI Phantom 3 Professional UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to nation al security considering their size, weight, speed, and operational capabilities.

i. Technical Specifications Of The DJI Phantom 3 Pr ofessional UASs. The technical specifications of the DJI Phantom 3 P rofessional UAS are set forth in

the DJI Phantom 3 Professional User Manual https://dl.djicdn.com/downloads/phantom_3/en/Phanto m_3_Professional_User_Manual__ V1.6.pdf21 contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b) 1

ii. The DJI Phantom 3 Professional UAS Autonomous F light And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area. The DJI Phantom 3 Professional UASs may be operated in both manual and fully autonomous flight modes. The DJI Phantom 3 Professi onal UASs autonomous features include the following: a GPS Position and Altitude Hold when the GCS controls are released to their neutral positions; a Return To Ho me (RTH) function; and, Flight Limits (i.e., pre-set limitations that restrict the distan ce and height of the UAS flight operations). A complete description of the flight and navigation al modes of the DJI Phantom 3 Professional UAS is provided the DJI Phantom 3 Prof essional User Manual, https://dl.djicdn.com/downloads/phantom_3/en/Phanto m_3_Professional_User_Manual__ V1.6.pdf contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). iii. The DJI Phantom 3 Professional UASs are Design ed 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 3 Pr ofessional UAS will remain stationary, in flight, for 3 seconds or more. If, a fter 3 seconds, the DJI Phantom 3 Professional UAS does not reacquire control link da ta from the GCS, the DJI Phantom 3

Professional UAS will assume that the Control Link is lost and the DJI Phantom 3

1 Exhibits to the Petition contain proprietary infor mation, and in accordance with 14 C.F.R. § 11.35(b), are not to be included in the Federal D ocket Management System (FDMS).22

Professional UAS will return to the home position ( i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

iv. The DJI Phantom 3 Professional UASs’ GCS And It s Operation. A complete description of the operation and specifi cations of the DJI Phantom 3 Professional UAS’s GCS and flight control software can be found at http://www.dji.com/product/phantom-3/spec The DJI Phantom 3 Professional is compliant with all Federal Communications Commission (FCC) re quirements, and the radio frequency spectrum used for operation and control o f the UA is set forth in the User

Manuel. b. Flight Operations Of DJI Phantom 3 Professional UASs are Limited To

The Line Of Sight Of A Certificated Pilot in Comman d With A Safety Observer. Terrance R. Hester dba. Real Time Aviation will onl y utilize certificated pilots who possess a current and valid airman medical certific ate to act as a pilot in command (PIC) of the DJI Phantom 3 Professional UASs. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of The DJI Phantom 3 Professional UASs W ill Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, Terrance R. Hester dba. Real Time Aviation proposes to commercially operate the DJI Phantom 3 Professional UASs for the special purpose of conducting aerial video and photography over certai n 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, roto rcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Professional UASs. Proposed operations of any other aircraft will requ ire a new petition or a petition to amend this grant.23 2. UAS operations under this exemption will be limi ted to conducting operations for the purpose of aerial video and photography. 3. The UA may not be flown at an indicated airspeed exceeding 30 knots. 4. The UA must be operated at an altitude of no mor e than 400 feet above ground level (AGL), as indicated by the procedures specifi ed in the operating documents unless a special request is made and appr oved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UA must be operated within visual line of si ght (VLOS) of the PIC at all times. This requires the PIC to be able to use huma n vision unaided by any device other than corrective lenses, as specified o n 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 (S O). The SO may be used to satisfy the VLOS requirement as long as the PIC always main tains 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 hi s or her designation for the duration of the flight. The PIC must ensure that th e 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 bas ed obstacles/obstructions and is not permitted to operate the camera or other ins truments. 9. The operating documents and the grant of exempti on must be accessible during UAS operations and made available to the Administra tor upon request. If a discrepancy exists between the conditions and limit ations contained in the grant of exemption and the procedures outlined in the ope rating documents, the conditions and limitations contained in the grant o f exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator m ay update or revise its operating documents. It is the operator’s responsib ility to track such revisions and present updated and revised documents to the Ad ministrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. I f the operator determines that 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 t he operating documents. 10. Prior to each flight the PIC must inspect the U AS to ensure that it is in a condition for safe flight. If the inspection reveal s a condition that affects the24 safe operation of the UAS, the aircraft is prohibit ed from operating until the necessary maintenance has been performed and the UA S is found to be in a condition for safe flight. The Ground Control Stati on must be included in the preflight inspection. All maintenance and alteratio ns must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alter ations that affect the UAS operation or flight characteristics, e.g. replaceme nt of a flight critical component, must undergo a functional test flight. T he PIC who conducts the functional test flight must make an entry in the ai rcraft records. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not alr eady 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, in spections, and record keeping requirements, in accordance with the operating docu ments. Maintenance, inspection, alterations, and status of replacement/ overhaul component parts must be noted in the aircraft records, including to tal time in service, description of work accomplished, and the signature of the auth orized person returning the UAS to service. 15. Each UAS operated under this exemption must com ply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies disco vered between inspections. 17. The PIC must possess at least a private pilot c ertificate and at least a current third-class medical certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS wil l be operated under the exemption, including evasive and emergency maneuver s and maintaining appropriate distances from persons, vessels, vehicl es and structures. PIC qualification flight hours must be logged in a mann er consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training th e operator’s PICs are permitted under the terms of the exemption. However , training operations may only be conducted during dedicated training session s. During training, proficiency, and experience-building flights, all p ersons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA25 with appropriate distance from nonparticipants in a ccordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during nigh t, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special re quest will be made at the FAA office closest to proposed area of operations. Flig hts under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical cha rt unless a letter of agreement with that airport’s management is obtaine d, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may not be operated less than 500 feet b elow or less than 2,000 feet horizontally from a cloud or when visibility is les s than 3 statute miles from the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating ar ea and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of u npredicted obstacles or emergencies in accordance with the operating docume nts. 24. The PIC is prohibited from beginning a flight u nless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organiz ation (ATO) issued Certificate of Waiver or Authorization (COA) prior to conductin g 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 in cluding class of airspace, altitude level and potential transponder requiremen ts. 26. All aircraft operated in accordance with the ex emption must be identified by serial number, registered in accordance with 14 C.F .R. part 47, and have identification (N- Number) markings in accordance w ith 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable

. 27. Before conducting operations, the radio frequen cy spectrum used for operation and control of the UA must comply with the Federal Communications26 Commission (FCC) or other appropriate government ov ersight agency requirements. 28. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available t o 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. The UA may not be operated over congested or d ensely populated areas. 32. Flight operations must be conducted at least 50 0 feet from all nonparticipating persons (persons other than the PIC, SO, operator t rainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficie ntly protect nonparticipating persons from the UA and/or debris in the event of a n accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticip ating persons leave such protection and are within 500 feet of the UA, fligh t operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or struc tures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined th at it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator train ees or essential persons do not present an undue hazard to those persons per § 91.119(a). 33. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or a uthorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 34. Any incident, accident, or flight operation tha t transgresses the lateral or vertical boundaries of the operational area as defi ned by the applicable COA must be reported to the FAA's UAS Integration Offic e (AFS-80) within 24 hours. Accidents must be reported to the National T ransportation Safety Board (NTSB) per instructions contained on the NTSB Web s ite: www.ntsb.gov.27 2. Reasons Why An Exemption From The Requirements O f Section 61.113(a) And (b) Would Not Adversely Affect Safety. Terrance R. Hester dba. Real Time Aviation submits that the equivalent level of safety established by Section 61.113(a) and (b) wil l be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional U AS unless that PIC has demonstrated, by meeting minimum flight-hour and currency require ments, that the PIC is able to safely operate the DJI Phantom Professional UAS in a manne r consistent with the exemption, including evasive and emergency maneuvers and maint aining appropriate distances from people, vessels, vehicles and structures. Considering Terrance R. Hester dba. Real Time Aviat ion’s proposed area of operations, and the operating limitations set forth -above; the parallel nature of private pilot aeronautical knowledge requirements to those of com mercial pilot requirements (See Exemption No. 11062); and the airmanship skills nec essary to safely operate the DJI Phantom 3 Professional UASs, Terrance R. Hester dba . Real Time Aviation submits that the additional manned airmanship experience of a co mmercially certificated pilot would not correlate to the airmanship skills necessary fo r Terrance R. Hester dba. Real Time Aviation’s specific proposed flight operations.

The DJI Phantom 3 Professional UASs have been the s ubject of multiple Grants of Exemption from Section 61.113 (a) and (b). The FAA has previously granted relief from Section 61.113 (a) and (b) specific to UAS, in circ umstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11 138, 11150, 11153, 11156, 11158, 11159, 11160, 11161, 11170, 11171, 11172).28 Terrance R. Hester dba. Real Time Aviation will not allow any PIC to operate the

DJI Phantom 3 Professional UASs unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3 Profe ssional UASs’ training and currency requirements, that the PIC is able to safely operat e the DJI Phantom 3 Professional UASs in a manner consistent with this exemption, includi ng evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and log ged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time a s a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot op erating 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 app licable regulations will ensure an equivalent level of safety during Terrance R. Heste r dba. Real Time Aviation’s proposed operations. The Administrator has held that prior d ocumented 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 o perations), 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 l east 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 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers the se 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 th e 10 hours may be included in29 the total 25 hours of UAS rotorcraft time. In addit ion 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 necessary 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 requ irement. Training, proficiency, and experience-building flights can also be conduct ed under the grant of exemption to accomplish the required flight time. During trai ning, 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, Terrance R. Hester dba. Real Time Avia tion will ensure safe operations by not allowing any PIC to operate the D JI Phantom 3 Professional UASs unless that PIC has demonstrated, by meeting minimu m flight-hour and currency requirements, that the PIC is able to safely operat e the DJI Phantom 3 Professional UASs in a manner consistent with the exemption, includin g evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 3. Reasons Why An Exemption From The Requirements O f Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Secti on 91.7(a) will be maintained because prior to every flight, Terrance R. Hester d ba. Real Time Aviation will ensure that

the DJI Phantom 3 Professional UASs are in an airwo rthy condition based upon the UASs’ compliance with their operating documents and as st ated 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 r espects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11110, 11112,30

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11 159, 11160, 11161, 11166, 11167, 11170, 11171, and 11172). 4. Reasons Why An Exemption From The Requirements O f Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Secti on 91.121 will be maintained

because the altitude information of the DJI Phantom 3 Professional UAs will be provided to the PIC via GPS equipment and a radio communicat ions telemetry data link, which

downlinks from the UAs to the GCS for active monito ring of the flight path and altitude. This altitude information, combined with Terrance R . Hester dba. Real Time Aviation’s operation of the DJI Phantom 3 Professional UAs wit hin visual line of sight, at or below 400 feet AGL, will ensure a level of safety equival ent 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 au tomatically established by the UAS at ground level. The DJI Phantom 3 Professional are the subject of m ultiple Grants of Exemption from Section 91.121. The FAA has previously grante d relief from Section 91.121 specific to UAS, in circumstances similar, in all material r espects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11 160, 11161, 11166, 11167, 11170, and 11171). 5. Reasons Why An Exemption From The Requirements O f Section 91.151(b) Would Not Adversely Affect Safety. A grant of this exemption would ensure an equivalen t 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 3 Professional UASs; (2) the limitations on the proposed flight operations; and31

(3) the location of the proposed flight operations. Accordingly, Terrance R. Hester dba. Real Time Aviation will ensure that it will safely operate the battery powered DJI Phantom 3 Professional UAs during daylight hours in VFR con ditions, with enough battery power to fly for a total duration of 13.5 minutes to the fir st point of intended landing and, assuming normal cruising speed, to fly after that for at lea st 4.5 minutes. Here, as in Exemption No. 11109, the technical spec ifications of the DJI Phantom 3 Professional 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 ensu red as the DJI Phantom 3 Professional 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 battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 Pro fessional UASs will descend and land automatically. Significantly, previous exemptions granted by the F AA concerning Section 91.151 establish that safety is not adversely affected whe n the technical characteristics and operating limitations of the UAS are considered. Re lief has been granted for manned aircraft to operate at less than the minimums presc ribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstanc es similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 1 0808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11 136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11 170, 11171, 11172).32 6. Reasons Why An Exemption From The Requirements O f 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, Terrance R. Hester dba. Real Time Aviation 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 all maintenance , alterations, or preventive

maintenance of the DJI Phantom 3 Professional UASs performed by Terrance R. Hester

dba. Real Time Aviation will be in accordance with the methods, techniques, and practices prescribed in the operating documents (i.e., the DJ I Phantom 3 Professional User Manuals, the DJI Phantom 3 Professional Quick Start Guides, the DJI Phantom 3 Professional Vision Checklists, the Smart Flight Battery Safety Guidelines and Pilot Training Guides). Furthermore, Terrance R. Hester dba. Real Time Avia tion will document and maintain all

maintenance records for the DJI Phantom 3 Professio nal UASs.

Since the DJI Phantom 3 Professional UASs will be i nspected as prescribed by the operating documents, Terrance R. Hester dba. Real T ime Aviation will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Likewise, the exemption sought will not adversely a ffect safety because Terrance

R. Hester dba. Real Time Aviation will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS us ing 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 91.41 7(b), because all maintenance of the33

DJI Phantom 3 Professional UASs will be performed b y trained technicians. Maintenance and safety checks will be conducted preflight and m onthly. Significantly, previous exemptions granted by the F AA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical character istics and operating limitations of the

UAS are considered.

In consideration of Terrance R. Hester dba. Real Ti me Aviation’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional UASs, Terrance R. Hester dba . Real Time Aviation submits that safety will not be adversely affected by granting e xemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), a nd 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circum stances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 1106 2, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11 150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11 172). 7. The FAA May Prescribe Any Other Conditions For S afe Operation.

In accordance with Section 333 of the FAA Moderniza tion and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Condi tions, Terrance R. Hester dba. Real Time Aviation requests that the FAA prescribe speci al conditions for the intended operation of the DJI Phantom 3 Professional UASs, w hich 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).34

Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certai n areas of the United States for compensation or hire. FMRA Section 333 sets forth t he 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 w ith any requirements that must be established for the safe operation of the UAS in th e NAS. Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Profess ional UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain ade quate 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 air craft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and ame ndments thereto for the product. The special conditions are issued in accordance wit h Part 11 of this chapter and contain such safety standards for the aircraft, air craft 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 Terrance R. He ster dba. Real Time Aviation’s intended operation of the DJI Phantom 3 Professiona l 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, a nd 14 C.F.R Sections 61.113(a) & (b),35

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 Reg ister, stating: The Rules From Which Terrance R. Hester dba. Real Time Aviati on Seeks Exemption:

Terrance R. Hester dba. Real Time Aviation seeks ex emption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121 , 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). A Brief Description Of The Nature Of The Exemption Terrance R. Hester dba. Real Time Aviation Seeks: This exemption will permit Terrance R. Hester dba. Real Time Aviation to commercially operate an Unmanned Aircraft System (U AS) for the purpose of conducting aerial video and photography within the National Airspace System (NAS)..

G. Any Additional Information, Views, Or Arguments Ava ilable To Support Terrance R. Hester dba. Real Time Aviation’s Reques t. This Petition is made pursuant to the FAA Moderniza tion 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, Terranc e R. Hester dba. Real Time Aviation’s request for exemption may be granted pur suant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth abo ve. FMRA Section 333 sets forth the requirements for co nsidering 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 s uch UAS to operate without airworthiness

certification. As discussed in detail above, Terrance R. Hester db a. Real Time Aviation will operate the DJI Phantom 3 Professional UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise po se a threat to national security.36 CONCLUSION As set forth herein, Terrance R. Hester dba. Real T ime Aviation 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 o peration of the DJI Phantom 3 Professional UASs commercially, without an airworth iness certificate, for the limited purpose of conducting aerial video and photography within the National Airspace System (NAS). By granting this Petition, the FAA Administr ator 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 Terrance R. Hester dba. Real Time Aviation to safely, efficiently, and economically o perate the DJI Phantom 3 Professional UASs commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulatio ns and the FAA Modernization and Reform Act of 2012, Section 333, Terrance R. Hester dba. Real Time Aviation respectfully requests that the Administrat or grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a ) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Terrance R. Hester dba. Real Time Aviation to operate the DJ I Phantom 3 Professional, and the DJI Phantom 3 Professional commercially for the purpose of conducting aerial video and photography within the NAS.