UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:



## JASON L. RESTICH

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b)

CONCERNING COMMERCIAL OPERATION OF



### DJI PHANTOM 2 VISION+ UNMANNED AIRCRAFT SYSTEMS

DJI PHANTOM 3 PROFESSIONAL UNM ANNED AIRCRAFT SYSTEM

DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on December 29 , 2015

Jason L. Restich

104 Summerfield Estates Drive Oakdale, PA 15071

Te lephone: (412) 498

- 0868

Email: RestichJ@yahoo.com2 | P a g e TABLE OF CONTENTS Page

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

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

SUMMAR Y...................... ............................................................................................4

INTRODUCTION AND INTERESTS OF P ET ITIONER............... ...........................4

BACKG ROUND................. .........................................................................................5

BASIS FOR PETITION.

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

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

.. ................... ............................... 6

THE SPECIFIC S ECTIONS OF 14 C.F.R. FROM WHICH

JASON L. RESTICH SEE KS EXEMPTION............................................. ..6

THE EXTENT OF RELIEF JASON L. RESTICH SEEKS AND THE REASON

JASON L. RESTICH SEEKS THE RELIEF................................

.............. .. 9

THE REASONS WHY GRANTING JASON L. RESTICH ’s REQUEST

WOULD BE IN THE PUBLIC INTER EST .......................

........... ........... ..............1 1

THE REASONS WHY GRANTIN G THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY....................................................

...... 13

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

. . ... 22

ANY ADDITIONAL INFORMATION, VIEWS, OR ARG UMENTS

AVAIL ABLE TO SUPPORT JASON L. RESTICH ’s REQUEST.........

...... .. .... 22

CONCL USION............................................................................

.................... ... ....... 23

APPENDICES......................................................

............... . . .......... 24, 25, 263 | P a g e GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traf

fic 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

NOTAP Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Re form Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Condi tions

VTOL Vertical Takeoff and Landing4 | P a g e SUMMARY

Jason L.Restich 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 System pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012 (FMR A). This exemption will permit Jason L. Restich to operate an Unmanned

Aircraft System (UAS) for the comme rcial purpose of conducting aerial video and photography of

construction sites, residential and commercial real estate , special events, sporting events, inspection

purposes, new s reports , motion picture and television, search and rescue while aiding law enf orcement and

government entities over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

The objective of Jason L. Restich ’s aerial video and photography operations is to

provide high quality imaging for a variet y of commercial, public, and residential uses, specifically

targeting:

• Sourcing GIS tagged aerial images for use in Computer Assisted Mass Appraisal (CAMA)

systems.

 Special events, Sporting Events, Weddings video and photography

• Aerial acquisitions u sed for inspections of public and private structures.

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

• Search and Rescue o perations with law enforcement

• News Reports, Motion picture and television.5 | P a g e BACKGROUND

Unmanned Aircraf

t Systems: DJI Phantom 2 Vision+ UAS

,

DJI Phantom 3 Professional and DJI Inspire 1

Jason L. Restich seeks an exemption to operate DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 system s for compensation or hire within the NAS. The DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 system s are a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The

DJI Phantom 2 Vis ion+ system s has a maximum gross weight of approximately 2 pounds 11 ounces, wh ile having a length of 16 inche s
, width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 Professional has a maximum gross wei ght of approximately 2 pounds 11 ounces, while having a length of 16 inches, width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inche s, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI P hantom 2 Vision+ UA, DJI Phantom 3 Professional and DJI Inspire 1

are equipped with four main rotors; driven by Lithium Polymer battery powered electri c motors.

The above described UAS will be operated by Jason L. Restich and 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, Jason L. Restich , 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 3 33, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially op erate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption fro m the requirements of 14 C.F.R 5 §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Jason L. Restich ’s operation of DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UAS s meet the conditions of FMRA Section 333 an d therefore, will not require airworthiness certificate s in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Jason L. Restich requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to

air craft with an airworthiness certificate.

Jason L. Restich submits that the requested relief is proper since an equivalent level of safety will be

ensured. Jason L. Restich will perform maintenance, alterations, or preventive maintenance on the UAS s using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 Instruction6 | P a g e

Manual s ). Furthermore, Jason L. Restich will docume nt and maintain all maintenance record s for the

UAS s

.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Jason L. Restich to the extent necessary t o allow a Pilot in Command (PIC) holding a Sport Pilot or higher level certificate, as well as an airman medical certificate or State issued Drivers License, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 UAS s in a manner consis tent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicl es and structures.

Jason L. Restich seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, be cause the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAS s do not require an

airworthiness certificate in a ccordance with 14 C.F.R. Part 21, Subpart H. As such, Jason L. Restich

submits that he will ensure tha t the UAS s are in airworthy condition, prior to every flight, by determining

that the UAS s are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual s ), and that the

aircraft are in a condition for safe flight.

Jason L. Restich also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Setting s, as the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAS s will not have a typical barometric altimeter onboard. However, altitude informati on of the DJI UAS s will be provided to

the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Jason L. Restich ’s operati on of the UAS s within visu al line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Jason L. Restich seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR c onditions. Jason L. Restich submits that safety will not be affected by operation of the DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 UAS s during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VF R), with enough battery power to fly for a total duration of approxi mately 13 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Jason L. Restich provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Jason L. Restich

104 Summerfield Estates Drive Oakdale, PA 15071 Telephone: (412) 498

- 7772 Email: RestichJ@yahoo.com

B. The Specific Sections Of 14 C.F.R. From Which Jason L. Restich Seeks Exemption.7 | P a g e

1. Jason L. Restich Seeks Exemption From The Requirements Of Section 61.113(a) a nd (b).

Section 61.113, entitl ed Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passenger s 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 on ly incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Jason L. Restich Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthines s, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Jason L. Restich Seeks Exemption From The Requirements Of Section 91.121

. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

— (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting o f an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

4. Jason L. Restich Seeks Exemption From The Requireme nts Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather c onditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. Jason L. Restich Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, en titled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

—8 | P a g e

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragra ph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Jason L. Restich Seeks Exemption From The Requirements of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or

alteration , subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a perso n authorized under § 43.7 of this chapter[.]

7. Jason L. Restich 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 para graph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

–

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person author ized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. Jason L. Restich 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 following records for the periods specified in paragraph (b)

of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of

the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and eac h 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 cert ificate number of the person approving the aircraft for

return to service. (2) Records containi ng the following information:9 | P a g e (i) The total time in service of the airframe, each engine, each propeller, and

each rotor. (ii) The current status of life

- limi ted parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, includi ng 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 co mpliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major

alterati on to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be ret ained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold. (3 ) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for

return to service.

C. The Extent Of Relief Jason L. Restich Seeks And The Rea son Jason L. Restich Seeks The

Relief.

1. Extent Of Relief Jason L. Restich Seeks And The Reason Jason L. Restich Seeks

Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot

i n command , is requested to the extent necessary to allow a PIC holding a sport pilot or higher level certificate, as well as a current and valid airman medical certificate, or 11 State issued Drivers License and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an air craft 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, Jason L. Restich submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2

Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UAS s unless that PIC has met10 | P a g e certain flight

- hour and currency requi rements, demonstrating that the PIC is able to safely operate the DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 UAS s in a manner consistent with the operations specifications as described in this exemption, including evasive and em ergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Jason L. Restich submits that all fligh ts of the UAS s , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Jason L. Restich ’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Jason L. Restich Seeks And The Reason Jason L. Restich 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 Jason L. Restich to determin e that the DJI Phantom 2 Vi sion+

, DJI Phantom 3 Professional and DJI Inspire 1 UAS s are in airworthy condition prior to every flight by ensuring that the UAS s are in compliance with the operating documents (i.e.,Monthly Maintenance Logs, and DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual s ).

Jason L. Restich seeks the requested reli ef be cause the UAS s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Jason L. Restich will ensure that the UASs

are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly

Maintenance Logs, and Instruction Manual s ) 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 Jason L. Restich Seeks And The Reason Jason L. Restich Seeks Relief From

Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of

the DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 UAS s , which u tilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Jason L. Restich seeks the requested relief because the DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 UAS s altimeter s 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 proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applica ble conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be mai ntained since the UAS s arer equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UAS

on the heads

- up display of the GCS.

4. Extent Of Relief Jason L. Restich Seeks And The Reason Jason L. Restich Seeks Relief From

Secti on 91.151(b).11 | P a g e

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 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 UAS s durin g daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes

. Jason L. Restich seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the

batter y powered UAS s will severely constrain the practicality of any aerial video or still photo flight

op erations that Ja son L. Restich proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UAS s , the DJI operating documents, and Jason L. Restich proposed operating limitations, ensure that Jason L. Restich will safely operate the batter y powered UAS s dur ing daylight hours in visual me teorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a t otal duration of 13 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief Jason L. Restich Seeks And The Reason Jason L. Restich Seeks Relief From Sections 91.405( a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Jason L. Restich requests relief from these

Section s because the DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1

UAS s do not require airworthiness certificates. As set forth more fully b elow, the UAS s meet the conditions of FMRA Section 333 for operation without an airworthiness certif icate. Accordingly, Jason L. Restich will perform maintenance, alterations, or preventive

maintenance on the UAS s using the methods, techniques, and practices prescribed in the UAS operating documents (i.e.,Monthly Maintenan ce Log, and DJI Instruction Manu al s ). Furthermore, Jason L. Restich will document and maintain all maintenance record s for

UAS s

.

D. The Reasons Why Granting Jason L. Restich ’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the pres ent Petition will further the public interest by allowing Jason L. Restich to safely, efficiently, and economically perform aerial video and photography of real estate and construction sites, special and sporting events, motion picture and television, se arch and rescue while aiding law enforcement and government entities over certain areas of the United States.

Additionally, use of the DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1

UAS s will decrease congestion of the NAS, reduce p ollution, and provide significant benefits to the economy. Notably, the benefits of Jason L. Restich ’s proposed operat ion of the UAS s will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UAS s

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 amou nt12 | P a g e of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of the UAS s would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air an d on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be red uced. The UAS s do not require an airport to takeoff or land. Likewise, a reducti on of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Ben efit From The Safety And Efficiency Of The DJI Phantom 2

Vision + , DJI Phantom 3 P rofessional and DJI Inspire 1 UAS s

.

Conducting aerial acquisitions with the UAS s , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and sti ll photography flight opera tions. By using battery power and electric mo tors, the UAS s produce no air pollution, and are the most viable environmentally conscious altern at ive to the cabin class, six cylli nder internal 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 UAS s , while reducing the carbon footpr int of aerial acquisitions, also eliminates noise pollution, as the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UAS s are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the U AS s to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated.

Aside from t he lack of flight crew members located onboard the airc raft, the UAS s have less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2

Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 UAS s Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+ UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As 17 such, operation of the DJI Phantom 2 Visi on+ UAS will allow United States based companies, like Jason L. Restich , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory acti ons phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the batter y powered DJI UAS s are one such technology that not only allows companies greater operat ional flexibility compared to manned13 | P a g e aircraft, but provides such flexibility without the high operational cost of a traditional

manned aircraft.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been c onducted for decades, Jason L. Restich ’s proposed operation of the DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 UAS s will not implicate any privacy issues. Specific ally, the UAS will be operated only in compliance with operating doc uments (i.e., Monthly Maintenance 18 Log, and DJI Instruction Manual s ) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirem ents of 14 C.F.R. §

91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Jason L. Restich Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire

1 UAS Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated w ith the unmanned aircraft and its operation, Jason L. Restich ’s operati on of the DJI UAS s meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides aut hority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 33 3 states the following, in part:

(a) In General.

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

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

— (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation

withi n visual line of sight do not cr eate a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness

certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.14 | P a g e In seeking this exemption, Jason L. Restich submits that the UAS s can operate safely in the

NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI

Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 UAS s ; (b) the pilot certification requirement; and (c) the specific operating limitation s.

a. The Specifications Of The DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 UAS s Demonstrate Its Safe Characteristics.

The UAS s do not create a hazard to users of the NAS or the public, or otherwise pose a threat

to national secur ity considering its size, weight, speed, and operational capability.

i. Technical Specificatio ns Of The UAS s

. The technical specifications of the DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 UAS s are set for th by the UAS Specific ations and Data Sheet s , attached hereto as Appendices A , B, and C

.

ii. The UAS s Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire 1 UAS s may be operated in both manual and fully autonomous flig ht modes.

iii. The UAS 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 Link is lost, the DJI Phantom 2 Visio n+ , DJI Phantom 3 Professional and DJI Inspire 1 UAS s will remain stationary, in flight, for 3 seconds or more. If, after 3 sec onds, the UAS do not reacquire control link data from the GCS, the UAS will assume that the Control Link is

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

b. Flight Operations Of DJI Phantom 2 Vision + , DJI Phantom 3 Professional and DJI Inspire 1 UAS s is Limited To The Line Of Sight Of A Certif icated Pilot in Command With A Safety Observer.

Jason L. Restich will only utilize certificated pilots who possess a current and valid airman medical certificate or State issued Driver License with at least a Sport Pilot License, to act as a pilot in command (PI C) of the UAS. Additionally, a safety observer will assist the pilot during flight time.

c. Flights Of DJI Phantom 2 Vision +

, DJI Phantom 3 Professional and DJI Inspire 1 UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Jason L. Restich proposes to commerciall y operate the UAS s for the special purpose of conducting aerial video and photography, motion picture and television over certain areas of United States, pursuant to the following specif ic operating limitations:1 5 | P a g e 1. Operations authorized by this grant of exemption will be limited to the following aircraft

described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision+ Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography, m otion picture and television, search and rescue.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UAS must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures speci fied in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be a ble to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 22

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating docu ments, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating docum ents. 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 gr ant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be16 | P a g e included in the preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must unde rgo a functional test flight. The PIC who conducts the functional test flight must make an en try in the

aircraft 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 m aintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in se rvice, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. The UAS operated under this exemption must comply with all manufacturer Safety

Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a Sport pilot certificate and at least a current third

- class

medical certificate or State issued Drivers Licen se.

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 will be operated under the exemption, includi ng evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training th e 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 flight ope rations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. §

91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operati ons must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rule s (SVFR) are not authorized

.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted

on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s17 | P a g e management is obtained, and the operation is conducted in accorda nce 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 below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in

accordance wi th the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast

weath er 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 Authorizat ion (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations sh all 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

nu mber, registered in accordance with 14 C.F.R. part 47, and have identification (N

- numbers) 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 any time the UAS is 25 operating. These documents must be made available to the Administrator or any law enforcement official upon

request.

29. The UAS must remain clear and yield the right of way to all manne d aviation operations

and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO , operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure th at nonparticipating persons remain under such protection. If a situation arises where18 | P a g e nonparticipating persons leave such protection and are within 500 feet of the UA, flight

operations must cease immediately and/or; b. The aircraft is operated near vessel s, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue h azard, and; c. Operations nearer to the PIC, 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 will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions cont ained on the NTSB Web

site: www.ntsb.gov

.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b)

Would Not Adversely Affect Safety.

Jason L. Restich submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to o perate the UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+

, DJI Phantom

3 P rofessional and DJI Inspire 1 UAS s in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

The FAA has previously granted r elief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156 , 11158, 11159, 11160, 11161).

Jason L. Restich will not allow any PIC to operate the DJI Phantom 2 Vision+

, DJI

Phantom 3 P rofessional and DJI Inspire 1 UAS s unless that PIC has demonstrated, by meeting minimum flight

- hour requireme nt s or the UAS training and currency re quirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+

, DJI Phantom 3 P rofessional and DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UA S to be used for operations under the exemption). In addition to the hour requirements, the 27 PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).19 | P a g e As in Exemption Nos. 11062, 11138, and 11153, prior docume nted flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Jason L. Restich ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC

must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062,

the PIC must als o have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements

to be inclusive rather than addit ive; i.e. 5 hours make and model time may be

included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings i n 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 oper ations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

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

Ac cordingly, Jason L. Restich will ensure safe operations by not allowing any PIC to operate

the DJI Phantom 2 Vision+

, DJI Phantom 3 P rofessional and DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that t he PIC is able to safely op erate the UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

3. Reasons Why An Exemption From The Requirements Of Sec tion 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Jason L. Restich will ensure that the UAS is in an airworthy cond ition based upon the UAS compliance with its operating documents and as stated in the conditions and limitations

herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all mat erial respects, to those presented herein (e.g. Exemption Nos.20 | P a g e

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requiremen ts Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the

altitude information of the DJI Phantom 2 Vision+

, DJI Phantom 3 P rofessional and DJI Inspire

1 UAS will be provided to the PIC via GPS equipmen t and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Jason L. Restich ’s operati on of the UAS s within vi sual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS 29 equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.
11062, 11063, 1 1064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 Vision+

, DJI Phantom 3 P rofessional and DJI Inspire 1 UAS; (2) the limitations on the proposed flight operations; and (3) the locat ion of the proposed flight operations. Accordingly, Jason L. Restich will ensure that it will safely operate the batter y powered UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specificatio ns o f the UAS; the limitations on

the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be

ensured as the DJI Phantom 2 Vision+

, DJI Phantom 3 P rofessional and DJI Inspire 1 UAS provide audible and visual w arnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, 30 and again at approximately 10% remaining battery power. At the critical ly lo w battery level, the UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 speci fic to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).21 | P a g e

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Jason L. Restich submits that t he 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 Jason L.

Restich will perform maintenance, a lterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly

Maintenanc e Log, and DJI Instruction Manua s l). Furthermore, Jason L. Restich will document

a nd maintain all maintenance records for t he UAS s

.

S ince the UAS s will be inspected as prescribed by the operating documents, Jason L.

Restich 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 affect safety because Jason L. Restich will perform maintenance, alterations o r preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b) , because all maintenance of the DJI Phantom 2

Vision+

, DJI Phantom 3 P rofessional and DJI Inspire 1 UAS will be performed by Jason L.

Restich . Maintenance will be documented and maintained utilizing a monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of Jason L. Restich proposed ope rating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 Vision+

, DJI Phantom 3 P rofessional and DJI Inspire 1 UA S s
, Jason L. Restich submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 9 1.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 32 11065, 11066, 11067, 11080, 11109, 11110, 1 1112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Jason L. Restich requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision+

, DJI Phantom 3 P rofessional and DJI Inspire 1 UAS s , which contain such safety standards that the Administrator finds necessary to establish a

le vel of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operat ion of the UAS for the limited purpose of conducting aerial video22 | P a g e

and photography, motion picture and television over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS wi ll create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements

that must be establis hed for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operati on of the UAS s , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Cond itions, states the following:

If the FAA finds that the airworthiness regulations of this subchapte r do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that establi shed 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 Jason L. Restich ’s intended operation of the DJI Phantom 2 Vision+

, DJI Phantom

3 P rofessional and DJI Inspire 1 UAS, which cont ain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.4 09(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From

wh ich Jason L. Restich Seeks Exemption:

Jason L. Restich seeks exemption from the requirements of 14 C.F.R Sections 61.11 3(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 Jason L. Restich Seeks:

This exemption will permit Jason L. Restich to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Jason L. Restich ’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 34 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Jason L. Restich ’s request for exempt ion may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Jason L. Restich will op erate the DJI23 | P a g e

Phantom 2 Vision+, DJI Phantom 3 P rofessional and DJI Inspire 1 UAS s 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, Jason L. Restich 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 2 Vision+

, DJI Phantom 3 P rofessional and DJI Inspire 1 UAS s commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography, motion picture and television over certain areas o f 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 Jason L. Restich to safely, ef ficiently, and economically operate the DJI Phantom 2 Vision+

, DJI Phantom 3 P rofessional and DJI Inspire 1

UAS s commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Jason L. Restich respectfully re quests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Jason

L. Restich to o perate the DJI Phantom 2 Vision+

, DJI Phantom 3 P rofessional and DJI Inspire 1 UAS s commercially for the purpose of conducting aerial video and photography over certain areas of the United

States.

Dated: December 29 , 2015

Respectfully submitted,

Jason L. Restich

_________________________ Jason L. Restich

104 Summerfield Estates Drive Oakdale, PA 15071

Tel: 412.498.7772 Email: restichj@yahoo.com

Appendices:

A

– DJI Phantom 2 Vision+ Specifications Data Sheet

B

– DJI Phantom 3 Professional

– Specification s Data Sheet

C

– DJI Inspire 1

– Specification s Data Sheet24 | P a g e APPENDIX

– A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

Jason L. Restich only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking sof tware 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 a ddition, DJI software provides real

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

1.1 DJI Phantom 2 Vision+

1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery 1.1.1.2 Weight (Bat tery & Propellers Included)

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

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

- 200 0 /s 1.1.1.5 Max Tilt Angel

- 35 0
1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Spee d

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA 37 1.1.2.2 Control Accuracy

- ±0.03 0
1.1.2.3 Controllable Range

– Pitch:

- 90 0

- 0 0
1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s

1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)

1.1.3.2 Sensor Size

– 1/2.3”

1.1.3.3 Effective Pixels

– 14M

1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110 0 /85 0

1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

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

- - 93dBm

1.1.4.4 Transmitter Power

– FCC Compliance: 100mW

1.1.4.5 Working Voltage

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

– 2412

- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m

1.1.5.3 Transmitter Power

– 20dBm 1.1.5.4 Power Consumption

– 2W25 | P a g e APPENDIX

– B

DJI PHANTOM 3 PROFE SSIONAL SPECIFICATION DATA SHEE T

2.2 DJI Phantom 3 Professional

2.2 .1 Aircraft

2.2 .1.1 Supported Battery

– DJI 5200mAH LiPo Battery

2.2 .1.2 Weight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g)

2.2 .1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m

2.2 .1.4 Max Yaw Angular Velocity

- 200 0 /s

2.2 .1.5 Max Tilt Angel

- 35 0

2.2 .1.6 Max Ascent Speed

– 6m/s

2.2 .1.7 Max Descent Speed

– 2m/s

2.2 .1.8 Max Flight Speed

– 15m/s (NOT RECOMMEN DED)

2.2. 2 Gimbal

2.2. 2.1 Working Current

– Static: 750mA; Dynamic: 900mA 37

2.2. 2.2 Control Accuracy

- ±0.03 0

2.2. 2.3 Controllable Range

– Pitch:

- 90 0

- 0 0

2.2. 2.4 Maximum Angular Speed

– Pitch: 90 0 /s

2.2 .3 Camera

2.2. 3.1 Operating Temperature Rang e

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)

2.2. 3.2 Sensor Size

– 1/2.3”

2.2. 3.3 Effective Pixels

– 14M

2.2. 3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110 0 /85 0

2.2 .4 Transmitter

2.2 .4.1 Operating Frequen cy

– 5.728GHz

– 5.85GHz

2.2 .4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m

2.2 .4.3 Receiver Sensitivity (1%PER)

- - 93dBm

2.2 .4.4 Transmitter Power

– FCC Compliance: 100mW

2.2 .4.5 Working Voltage

– 120m A@3.7V

2.2 .5 Range Extender

2.2 .5.1 Operating Frequency

– 2412

- 2462MHz

2.2 .5.2 Communication Distance (unobstructed)

– 500

- 700m

2.2 .5.3 Transmitter Power

– 20dBm

2.2 .5.4 Power Consumption

– 2W26 | P a g e APPENDIX

– C

DJI INSPIRE 1 SPECIFICATION DATA SHEET

3.3 DJI Inspire 1

3.3 .1 Aircraft

3.3.1.1 Model

– T600 3.3.1.2 Weight (Battery Included)

– 6 lbs 7.5291oz (2935g) 3.3.1.3 Hovering Accuracy (GPS Mode)

– Vertical: 0.5m; Horizontal: 2.5m 3.3.1.4 Max Angular Velocity

– Pitch 300 deg./s; Yaw: 150 deg/s

3.3.1.5 Max Tilt Anble

– 35 deg 3.3.1.6 Max Ascent Speed

– 5m/s 3.3.1.7 Max Descent Speed

– 4m/s 3.3.1.8 Max Speed

– 22m/s (ATTI mode, no wind

– NOT RECOMMENDED) 3.3.1.9 Max Flight Altitude

– 4500m

3.3.1.10 Max Wind Resistance

– 10m/2

3.3.1.11 Max Flight Time

– Approximately 18 minutes

3.3.1.12 Motor Model

– DJI 3510 3.3.1.13 Propeller Model

– DJI 1345 3.3.1.14 Operating Temperature Range

– 14 deg F to 104 deg F

3.3.1.15 Dimensions

– 17 1⁄4” x 17 3⁄4” x 12”

3.3.2 Gimbal

3.3.2.1 Model

– ZENMUSE X3 3.3.2.2 Output Power (with camera)

– Static 9W; In Motion: 11W 3.3.2.3 Operating Current

– Static: 750mA; In Motion: 900mA 3.3.2.4 Angular Vibration Range

- + 0.03 3.3.2.5 Mounting

- Detachable 3.3.2.6 Controllable Range

– Pitch

- 90 deg to +30 deg; Pan: + 320 deg 3.3.2.7 Mechanical Range

– Pitch

- 125 deg to 45 deg; Pan: + 330 deg

3.3.2.8 Max Controllable Speed

– Pitch: 120 deg/s; Pan: 180 deg/s

3.3.3 Camera

3.3.3.1 Name

– X3

3.3.3.2 Model

– FC350

3.3.3.3 Total Pixels

– 12.76M

3.3.3.4 Effective P ixels

– 12.4M 3.3.3.5 Image Max Size

– 4000x3000 3.3.3.6 ISO Range 100

- 3200

3.3.3.7 Field of View

– 94 deg

3.3.3.8 CMOS

– Sony XMOR 1/2. 3” 3.3.3.9 HD Video Recording

– UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60;H D: 1280x720p24/25/30/48/50/60

3.3.3.10 Operating Temperature Range

– 32 degF

– 104 deg F

3.3.4 Transmiter

3.3.4.1 Name

– C1

3.3.4.2 Operating Frequency

– 5.728

- 5.850GHz; 2.400

- 2.483GHz

3.3.4.3 Communicating Distance (unobstructed) 2000m

3.3.4.4 Output Power

– 9W

3.3.4.5 Operating Temperature Ra nge

– 14 deg F to 104 deg F

3.3.4.6 Battery

– 600mAhLiPo 2S