UNITED STATES OF AMERI CA

DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHI NGTON, DC

Name and Address Of The Petitioner : The name and address of the Petitioner and point of contact is: MAX AERIAL IMAGERY, LLC 50 DIAMOND LANE, FREDERI CKSBURG, VA 22406 CELL: 540

- 295

- 3298 Email: mikeharv4@gmail.com **PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012** 

**(PUBLIC LAW 112 -**  **95)**

Submitted on December 3 0 , 2015 Michael T. Harvey Max Aerial Imagery , LLC 50 Diamond Lane Fredericksburg, Va. 22406 Tel: ( 540 ) 295

- 3298 Commercial Pilot Certificate with Instrument and Glider Rating Certificate No. 1777240
**SUMMARY** Max Aerial Imagery , LLC seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft S ys tem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Max Aerial Imagery , LLC to op erate an Unmanned Aircraft Sy stem (UAS) for the2

commercial purpose of conducting aerial video and photograph y of construction sites, real estate, special events, and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETI TIONER**  Max Aerial Imagery , LLC provides its clients with expertise and knowledge in drone advanced technologies and solutions to provide photo, videograph y and monitoring services

. Max Aerial Imagery , LLC also provides its clients with the highest quality digital content for use in their commercial, personal, and non

- profit multimedia projects. As a holder of a Commerc ial Pilot and Instrument Rating, the principal, Michael Thomas Harvey has over 20 ye ars of commercial and recreational/hobby experience in a ll aspects of aerial video an d photography . The objective of Max Aerial Imagery , LLC aerial video and photograph y operation s is to provide high quality imaging for a variety

of comme rcial, publi c, and residential uses, including : Aerial i nspections of publ ic and private structures. Aerial photograph y

/videography

of residential and comm ercial buildings Aerial event photograph y/videograph y Aerial Appraisals Real Estate Marketing Insurance Inspections of Home and Propert y Commercial Advertising Video and Photograph y Real Estate Photograph y and Videograph y No cost services offered to community , firefighter and state officials Aerial surveying Construction site inspections and monitoring Wildlife and forestry

monitoring S3 **BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 3 UAS and DJ I Inspire 1 Max Aerial Imagery , LLC seeks an exemption to operate DJ I s ys tems for compensation or hire within the NAS. The DJIPhantom 3 and the DJIInspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) w ith a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. The DJ I Phantom 3 has a maximum gross weight of 1260 grams and a maximum speed of approximately 16 m/s

. The DJ I Inspire 1 has a maximum gross weight of 2935 grams and a m aximum speed of approximately 22 m/s

. The DJ I Phantom 3 and DJII nspire 1 UA ’s are equipped with four main rotors ; Driven by Lithium Poly

mer battery

powered electric motors. **BASIS FOR PETITION** Petitioner, Max Aerial Imagery , LLC , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commercial ly operate the DJIPhantom 3 and the DJI Inspire 1 UAS in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417( a) & (b). **A. Name a**  **nd Address Of The Petitioner.** The name and address of the Petitioner and point of contact is:

Michael T. Harvey Max Aerial Imagery , LLC 50 Diamond Lane Fredericksburg, Va. 22406 Tel: (540) 295

- 3298 **B . The Extent Of Relief**  **Max Aerial Imagery, LLC Seeks And The Reason**  **Max Aerial Imagery, LLC**  **Seeks The Relief. 1. Extent Of Relief**  **Max Aerial Imagery, LLC Seeks And The Reason**  **Max Aerial Imagery, LLC**  **Seeks Relief From Section 61.113(a) And (b).**4 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 PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met ce rtain flight

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

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more full y below, Max Aerial Imagery , LLC submits that an equivalent level of safety

will be maintained because no PI C will be allowed to operate the DJI Phantom 3 UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PI C is able to safel y operate either the DJ I Phantom 3 and DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances fro m people, vessels, vehicles and structures. **2. Extent Of Relief Max Aerial Imagery, LLC**  **Seeks And The Reason Max**  **Aerial Imagery, LLC 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 Max Aerial Imagery , LLC to determine that the DJIPhantom 3 DJI Inspire 1 UAS are in airworthy condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents provided online by DJI , the manufacturer, at http://www.dji.com/product/phantom

- 3/download and5 http://www.dji.com/product/inspire

- 1/download Max Aerial Imagery , LLC seeks the requested relief because the DJIPhantom 3 and DJIInspire 1 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Max Aerial Imagery , LLC will ensure that the DJI Phantom 3 and DJI Inspire 1 UAS are in airworth y condition based upon its compliance with the operating documents (i.e ., Monthly Maintenance Log, and DJIPhantom 3 and DJI Inspire 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief Max Aerial Imagery, LLC**  **Seeks And The Reason Max**  **Aerial Imagery, LLC Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJIPhantom 3 and DJ I Inspire 1 UAS , which utilize a GPS altitude reading , GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Max Aerial Imagery , L LC seeks the requested relief because the DJ I Phantom 3 and DJII nspire 1 UAS altimeter may be set on the ground to zero feet AGL , rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the pro posed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. **4. Extent Of Relief Max Aerial Imagery, LLC**  **Seeks And The Reason Max**  **Aerial Imagery, LLC Seeks Relief From Section 91.151(b).** 6 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 Phantom 3 and DJI Inspire 1 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 14 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4 minutes. Max Aerial Imagery , LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 3 and DJII nspire 1 UAs will severel y constrain the practicality of any aerial video or still photo flight operation s that Max Aerial Imagery , LLC proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 3 and DJ I Inspire 1 UAS operating documents, and Max Aerial Imagery , LLC proposed operating li mitations, ensure that Max Aerial Imagery , LLC will safel y operate the battery powered DJ I Phantom 3 and DJ I Inspire 1 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 14 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4 minutes. **5. Extent Of Relief Max Aerial Imagery, LLC**  **Seeks And The Reason Max**  **Aerial Imagery, LLC Seeks Relief From Sections 91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2), And 91.417(a) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only appl y to aircraft with an airworthiness certificate, Max Aerial Imagery, LLC requests relief from these Sections because the DJ I Phantom 3 and DJ I Inspire 1 UAS do not require airworthiness certificates. As set forth more fully below, the DJ I Phantom 3 and DJII nspire 1 UAS meet the conditions of FMRA Section 333 for operati on without an7

airworthiness certificate. Accordingl y, Max Aerial Imagery , LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operatin g documents

Online at http://www.dji.com/product/phantom

- 3/download and http://www.dji.com/product/inspire

- 1/download Max Aerial Imagery , LLC will document and maintain all maintenance records for the DJ I Phantom 3 and DJII nspire 1

. **D. The Reasons Why Granting Max Aerial Imagery, LLC**  **Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whol**  **e.** Granting the present Petition will further the public interest b y allowing Max Aerial Imagery , LLC to safel y, efficientl y, and economically perform aerial video and photograph y of construction sites, real estate, special events, film sets, and landsca pe over certain areas of the United States. Additionally , use of the DJI Phantom 3 and the DJIInspire 1 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notably , the benefits of Max Aerial Imagery , LLC proposed operation of the DJ I Phantom 3 and the DJ I Inspire 1 UAS will be realized without implicating an y privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 3 and the DJ I Inspire 1 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowin g the use of a DJI Phantom 3 and the DJ I Inspire 1 UAS8

would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJI Phantom 3 and the DJII nspire 1 UA do not require an airport to takeoff or land. **2. The Public Will Benefit From Th e Safety And Efficiency Of The**  **DJI Phantom**  **3 and the DJI Inspire1 UAS**  **.** Conducting aerial acquisitions with the DJI Phantom 3 and the DJ I Inspire 1 UASs, instead of manned aircraft, will greatl y benefit the public by drasticall y 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 DJ I Phantom 3 and the DJII nspire 1 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypicall y utilized for aerial video and photogra phy

. The DJ I Phantom 3 and the DJII nspire 1 UA , while reducing the carbon footprint of aerial acquisitions, also elimin ates noise pollution, as the UA are propelled b y battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 3 and the DJ I Inspire 1 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced

. **3. Performing Aerial Vi deo and Photography Operations w**  **ith DJI Phantom 3**  **and the DJI Inspire 1 UAS Will Benefit The Economy.** 9 In addition to being safe and efficient, the DJ I Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like Max Aerial Imagery , LLC , to remain competitive and contribute to growth of the U.S.

econom y. 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 Phantom 3 UAS 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 DJ I Phantom 3 and the DJ I Inspire 1 UAS , Max Aerial Imagery , LLC , can remain competitive and profitable, and therefore, provide greater job stability to employ ees and contractors, which will ultimately contribute to growth of the U.S.

econom y. Improved financial performance of U. S. companies, through commercial use of the DJ I Phantom 3 and the DJ I Inspire 1 UAS , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues

. **4. There Are No Privacy Issues.** Similar to the manned aeri al acquisition flight operations that have been conducted for decades, Max Aerial Imagery , LLC proposed operation of the DJ I Phantom 3 and the DJ I Inspire 1 UAS will not implicate any privacy issues. Specificall y, the DJ I Phantom 3 and the DJ I Inspire 1 UAS will be operated onl y in compliance with operating documents which requires property

owner involvement as well as local law enforcement notification,10

and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements o f 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That**  **Provided By The Rule From Which Max Aerial Imagery, LLC**  **Seeks Exemption. 1. Re**  **asons Why The DJI Phantom 3**  **and DJI Inspire 1 UA’s 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 i ts operation, Max Aerial Imagery , LLC operation of the DJIPhantom 3 and the DJII nspire 1 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in acc ordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y.

**a. T he Specifications Of The**  **The DJI Phantom 3**  **and DJI Inspire 1 UA’s UAS**  **Demonstrate Its Safe Characteristics.** The DJ I Phantom 3 and DJII nspire 1 UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

.

**i. Technical Specifications Of The DJI Phantom 3 and DJI Inspire 1**  **UAS .**  The technical specifications of the DJ I Phantom 3 UAS are set forth b y the DJI Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A

. The DJ I Inspire 1 UAS Specifications and Data Sheet, attached hereto as Exhibit C.11 **ii. The DJI Phantom**  **3 and DJI Inspire 1 UA’s**  **Autonomous Flight And Navigat**  **ion Modes Enable The UAS To Remain Within A Defined**  **Operational Area.** The DJ I Phantom 3 and the DJ I Inspire 1 UAS may be operated in both manual and fully autonomous flight modes. **iii. The**  **DJI Phantom 3**  **and DJI Inspire 1 UA’s Are Designed For Automatic**  **Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  When the Control L ink is lost, the DJI Phantom 3 and the DJ I Inspire 1 UA will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UA 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., fail safe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Phantom 3 and the DJ I Inspire 1 UAS is provided in the Manufacturer’s User Manual

**b . Flights Of**  **The DJI Phantom 3**  **and DJI Inspire 1 UA’s**  **Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, Max Aerial Imagery , LLC proposes to commercially operate DJ I Phantom 3 and DJII nspire 1 UAS for the special purpose of conducting aerial video an d photograph y 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: DJ I Phantom 3 and DJIInspire 1 Unmanned Aircraft Sy stems. 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 photog raph y. 3. The UAs may

not be flown at an indicated airspeed exceeding 20 knots.12 4. The UA s must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a s pecial request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y dev ice other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability

. The SO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be de signated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties bey ond assi sting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS op erations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contain ed in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s 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 up dates or revisions to the operating documents. 10. Prior to each flight the PI C 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 pr ohibited 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 the13 preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who con ducts 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 alread y covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraf t 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. T he authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may

not permit any

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

- building flights, all persons not essential for f light operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. Al l operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA14 office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not a

uthorized. 20. The UA may

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

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted i n 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 5 00 feet below or less than 2,000 feet hor izontally

from a cloud or when visibility is less than 3 statute miles from the PI C. 22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in ac cordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and for ecast 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 Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All op erations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement officia l upon request.15 29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that suf ficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protectio n and are within 5 00 feet of the UA, flight operations must cease immediately

and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C h as made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

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

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

. **Any Additional Information, Views, Or Arguments Available To Support Max Aerial**  **Imagery, LLC Re**  **quest.** 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, Max Aerial Imagery , LLC request f or16

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 othe rwise pose a threat to national securit y; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Max Aerial Imagery, LLC will operate the DJI Phantom 3 UAS safely

in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

. **CONCLUSION** As set forth herein, Max Aerial Imagery , LLC 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 Phantom 3 and DJ I Inspire UAS commerciall y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certa in 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 the interests of the public, by allowing Max Aerial Imagery , LLC to safely , efficientl y, and economically operate the DJI Phantom 3 UAS commerciall y within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Max Aerial Imagery , LLC respectfull y requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),17

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Max Ae rial Imagery , LLC to operate the DJ I Phantom 3 and DJ I Inspire 1 UAS commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States.

Date d: December 3 0 , 2015

Respectfully submitted, Michael T. Harvey Max Aerial Imagery , LLC 50 Diamond Lane Fredericksburg, Va. 22406 Tel: (540) 295

- 329818 Appendic es : A

– DJ I Phantom 3 Technical Specifications B

– DJI Phantom 3 and DJ I Inspire 1 Monthly Maintenance Log C

– DJII nspire 1 Technical Specifications19 APPENDIX

– A **DJI PHANTOM 3 TECHNICAL SPECIFICATIONS**  Max Aerial Imagery, LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/ta blet devices) 

### Aircraft **WEIGHT (INCLUDING BA TTERY AND PROPELLERS**  **)** 1280 g **DIAGONAL SIZE (INCLU DING PROPELLERS)**  590 mm **MAX ASCENT SPEED** 5 m/s **MAX DESCENT SPEED** 3 m/s **HOVER ACCURACY**

 Vertical: +/

- 0.1 m

(when Vision Positioning is active) or +/

- 0.5 m

 Horizontal: +/

- 1.5 m **MAX SPEED** 16 m/s (ATTI mode, no wind) **MAX ALTITUDE ABOVE S EA LEVEL**  6000 m **OPERATING TEMPERATUR E**  0°C to 40°C **GPS MODE** GPS/GLONASS20 APPENDIX

– B Monthly Maintenance Log for Phantom 3 and Inspire 1

UAS #

_____ Date Issue Maintenance Initials Performed Firmware Check Frame Engines Propellers Camera Gimbal Landing Gear Vibration Other:21 APPENDIX

– C **DJI INSPIRE 1 TECHNICAL SPECIFICATIONS**  Max Aerial Imagery, LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Par ameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)



## Aircraft MODEL T600 WEI GHT (BATTERY INCL UDED) 2935 g HOVERING ACCURACY (G PS MODE) Vertical: 0.5 m Horizontal: 2.5 m MAX ANGULAR VELOCITY Pitch: 300°/s Yaw: 150°/s MAX TILT ANGLE 35° MAX ASCENT SPEED 5 m/s MAX DESCENT SPEED 4 m/s MAX SPEED 22 m/s (ATTI mode, no wind) MAX SERVI CE CEILING ABOVE SEA LEVEL 4500 m (Software altitude limit: 120 m above takeoff point) MAX WI ND SPEED RESI S TANCE 10 m/s MAX FLIGHT TIME Approximately 18 minutes MOTOR MODEL DJI 3510H PROPE LLER MODEL DJI 1345T IN DOOR HOVERING22 Enabled by default OPERATI

NG TEMPERATURE RANGE

- 10° to 40° C DI AGONAL DISTANCE 559 to 581 mm DI MENSIONS 438x451x301 mm POWER SPECTRALDENSI TY 9.06mW/MHz 

## Gimbal MODEL ZENMUSE X3 OPERATI

NG CURRENT Station: 750 mA Motion: 900 mA ANGULAR VIBRATION RA NGE ±0.03° MOUNTING Detachable CONTROLLABLE RANGE Pitch:

- 90° to +30° Pan: ±320° MECHANI CALRANGE Pitch:

- 125° to +45° Pan: ±330° MAX CONTROLLABLE SPE ED Pitch: 120°/s Pan: 180°/s